criminals. Is there less justification for a public defender for Americans who are charged with no crime and who seek only to enjoy the rights and privileges promised them in the Constitution?

The truth is that in no area of major national concern has the Federal Government moved more hesitantly and more timidly than in the area of civil rights. Many of the same Congressmen who consider it their solemn duty to prop up the price of a bushel of corn, just don't see that the Federal Government has any business getting mixed up in the question of civil rights. And on another level of interest, many who speak with such eloquence about America's mission in the world, close their minds to the devastating impact of our racial troubles in the vast majority of places in the world where the white race is in the minority.

These contrasts have always bewildered me, but I have never been more bewildered than by some reports that prospects for extending the Commission's life have been dimmed by the recent events in Birmingham.

In my judgment, what has come to the surface in Birmingham makes indefinite extension of the life of the Commission imperative. We must demonstrate that the Federal Government has some awareness of its responsibilities to protect civil rights. Otherwise, impatience is bound to turn to outrage and demonstration could easily be transformed into riots.

For those who wanted to see, this Commission has for several years been spotlighting the conditions which have finally been given such prominence in places like Birmingham; Oxford, Miss., and Albany, Ga.

As a result of its reports no one can deny any longer that, in America, qualified citizens are denied that right to vote because of the color of their skin, that schoolchildren are excluded from certain public schools because of their race, that Negro Americans do not have equal employment opportunities and the same ability as whites to live and bring up their families in decent homes. As a result of its reports, we are compelled to admit that the Federal Government is a financial partner in practices designed to perpetuate segregation in hospitals, in public libraries, and even in the research programs of some of our universities. The Commission has laid bare the facts. Abolishing the Commission won't alter any of these facts, but giving the Commission an indefinite life may help us find the path of improvement.

A vote of confidence in the Commission will demonstrate that we are ready to face the facts, and hopefully, to do something about them. It will help demonstrate to our own citizens that they can look to their national representatives to assist them in their striving for first-class citizenship. And it can help demonstrate to the whole world that while America has its problems it also has the will and determination to cope with them.

While I endorse most of the recommendations of the Commission, agreement with the Commission's recommendations is no more necessary for its extensions than is agreement with the decisions of the National Labor Relations Board necessary to justify its indefinite continuance. Indeed, this is not even the appropriate occasion, it seems to me, for dealing in detail with the Commission's recommendations-although they certainly must be dealt with by this subcom

mittee and the Congress, and the executive branch, for that matterbefore much more precious time is lost.

Let us concentrate our attention now on just one issue-do we want to continue learning about the problems of civil rights facing our country and do the best we can to solve them? If we do, as I believe we must, let us act quickly on this matter and give the Commission an early green light for continued progress.

Thank you, Mr. Chairman.

Senator ERVIN. Senator Bayh?

Senator BAYH. I have a statement, Mr. Chairman.
Senator ERVIN. You may proceed.

STATEMENT OF HON. BIRCH BAYH, A U.S. SENATOR FROM THE STATE OF INDIANA

Senator BAYH. Mr. Chairman, Senator Keating, and members of the committee, I would like to make a very brief statement.

Since its inception, following passage of the Civil Rights Act of 1957, the U.S. Commission on Civil Rights has compiled an impressive list of contributions to the cause of genuine and universal equality of rights and opportunities in America. The enjoyment of basic human rights by every American has been too long delayed. One cannot help but wonder whether every American might not now be exercising these rights in peace and freedom if the Commission had begun its record of achievement one or two decades ago.

Our Nation owes boundless gratitude to the distinguished citizens from every section of the country who have accepted appointments from Presidents Eisenhower and Kennedy to the Commission on Civil Rights. My own State of Indiana takes special pride in the service of the president of one of the great universities of our State and Nation-Father Theodore Hesburgh, of the University of Notre Dame. Under the inspiration of Father Hesburgh and his colleagues, the Commission has stimulated progress in civil rights along many fronts-in voting, housing, education, employment and in the administration of justice, to name but a few.

Today we begin consideration of the President's proposal for a third extension in the life of this agency. His proposal is reasonable and just. I support it, while sharing in his optimism that we may soon solve our problems in this most fundamental of concerns. But, I will continue to support this effort for as long as it takes to provide human rights to every American.

Unfortunately, we have not yet reached that millennium in the "equal protection of the laws" which would warrant dissolution of the Commission on Civil Rights. In the meantime, we must continue to avail ourselves of the fruits of its labors. And we must provide the staff of the Commission the incentives which will enable them to carry on with efforts which, all will admit, should not be necessary in America.

We, as Americans, cannot hide our shame that we have not yet accorded every citizen his moral and constitutional rights to the basic freedoms of our democracy. But we can take pride in the fact that the Commission on Civil Rights represents our determination to correct the injustices of the past.

This job will be done. It must be done. I say let us not hesitate to extend the life of the Commission for as long as is necessary, and I repeat for as long as is necessary, to help us get the job done. We must not fail in our duty at this critical point in American history. Senator ERVIN. Senator Fong, do you have any statement you would like to make at this time?

Senator FONG. Yes, I do have a statement, Mr. Chairman.

Mr. Chairman, I would like to make a few remarks about both bills now pending before this subcommittee.

The Civil Rights Commission is an independent Federal agency scheduled to go out of business on November 30, 1963. Its life has been extended twice before-in 1959 and again in 1961. S. 1219 proposes to extend its life indefinitely. S. 1117 would provide a 4year extension.

Since its establishment by the Civil Rights Act of 1957, the Commission has done a topnotch job with great distinction. By investigating the problem areas, and by issuing reports periodically, it has helped to create across the Nation a climate of understanding and moderation essential to progress in this field. The Commission has spotlighted to the public not only the great progress which has been made, but also the critical areas of civil rights which must yet be secured to all Americans.

Under the present law, the Commission has the power to investigate deprivations of the right to vote, denials of equal protection of the laws, in education, employment, housing, and in the administration of justice. These things the Commission has done, very effectively and diligently. It has issued reports and recommendations which have guided the Congress and the President in taking action to right the wrongs.

Both bills give the Commission the additional power to serve as a clearinghouse for civil rights data. The Commission may offer its advice and technical assistance to anyone or any group wanting expert guidance; the Commission may then help to work out practical solutions in creating an atmosphere of understanding indispensable to peaceful and orderly progress.

I am a cosponsor of both S. 1117 and S. 1219. I cosponsored both bills because I believe that the underlying spirit of both measures is the same. I prefer, however, S. 1219, which extends the life of the Commission indefinitely.

There are still many areas of unfinished business in civil rights, areas yet to be fully and adequately investigated. Because of this, both measures are meritorious.

As an investigating and factfinding agency, the Commission does a job that is not done by any other Federal agency. For example, it was the Commission's hearings on voting rights in 1958 that led to three things: the enactment of the Civil Rights Act of 1960 by Congress; a bill which I have cosponsored with Senators Cooper and Dodd to protect the right of every American to vote; and a number of voting lawsuits initiated by the Department of Justice.

The value of the Commission's work does not lie only in legislation and lawsuits. There is an absolute need for us to have a public agency continually throw the public spotlight on the unfinished job of insuring the civil rights of all Americans.

Even though the Commission is given an indefinite extension, Congress will not lose any control over it. The Commission will still be subject to a yearly review of its operations when it comes to Congress to ask for appropriations. And, of course, even under an indefinite extension, Congress could still stop the Commission's operations at any time.

The Federal Civil Rights Commission has repeatedly demonstrated its usefulness and effectiveness in diligently pursuing the areas of American life where there still exist practices inconsistent with the principles of democracy. It has established itself in our body politic as an expert agency, with the experience, capability, and competence to contribute significantly in securing our constitutional guarantees to all Americans, regardess of nationality, race, or religion.

The Commission deserves a new and broadened charter to continue its very commendable work.

Sen. ERVIN. Thank you, Senator. Senator Long.

Senator LONG. Mr. Chairman, I appreciate the opportunity to present a brief statement in support of S. 1117.

My comments will be short because the need for this legislation is urgent. The case has been clearly presented and the time has come for action. Across the Nation roll the voices of American citizens demanding that the yoke of discrimination be lifted from their shoulders. Born with freedom in their hearts, Negro Americans are pressing for the opportunity of full enjoyment of freedom.

For a century, we as a nation have closed our eyes to the denial of equality imposed upon the Negro. We have turned our heads evidently hoping the problems created by discrimination would evaporate or go away. Apparently, we have hoped that the Negro would be satisfied with the second-class role assigned to him.

True in 1957 and 1960, the Congress enacted civil rights legislation. Both acts dealt primarily with voting, but they have been ineffective even in this one area. It is still necessary to enact additional legislation to secure to the Negro this most basic right of democracy.

Anyone who honestly believes we can continue to avoid the issue of equality by the enactment of ineffective civil rights laws cannot be in touch with reality. When freedom burns bright in the hearts of men, only the physical force of tyranny can withhold freedom and even then not for long. If the Congress refuses to face the matter squarely and enact legislation which effectively implements the guarantees of our Constitution for all Americans, we are in for real trouble. We can no longer continue not to be true to ourselves.

The bill, S. 1117, is only a small beginning, but an essential part of the legislative steps that must be taken. The Civil Rights Commission has added immeasurably to our knowledge of where we stand and what legislation would lead to solving the problems of discrimination. The Commission during the last 6 years has looked at the situation and called the play exactly as it saw it. Each of its recommendations has been a substantial contribution to the process of determining the actions which should be taken. The Congress should not bog down on this proposal but should enact S. 1117 immediately so it can get to work on passing the other proposals which are necessary to end discrimination. If we cannot make freedom work in the United States

with our long tradition of liberty, there can be little hope for the rest of mankind.

Sen. ERVIN. Thank you, Senator. Will counsel please call the first witness.

Mr. CREECH. The first witness is Senator Philip Hart of Michigan.

STATEMENT OF HON. PHILIP A. HART, A U.S. SENATOR FROM THE STATE OF MICHIGAN

Senator HART. Mr. Chairman and members of the committee, you have kindly permitted me to come and testify, and I welcome the opportunity.

It is no secret that I am here to speak in support of S. 1117, a bill that would extend the life of the Civil Rights Commission for 4 years, and to authorize additional duties for the Commission.

This bill is based on the recommendations contained in the President's message to the Congress on civil rights, and 30 of our colleagues joined me in introducing it.

Others

This bill reflects the recommendations of the President. will speak here, I know, of the excellent job of investigating and reporting that the Commission has done under its original mandate since it was created, as the chairman of the subcommittee has described, in 1957.

There are many areas where the Commission has been at work and, as a result of that work, there is before the Congress a comprehensive civil rights program. The greater part of it has not yet been enacted, but it is no reflection on the excellent work of the Commission.

In his civil rights message, the President urged that the life of the Commission be extended for at least 4 more years.

Mr. Chairman, I think the point is that there are very practical administrative reasons why the life of the Commission should not be extended for less than this period. These reasons, I am sure, will be outlined in detail by the staff of the Commission as they make your record here.

There will also be witnesses before this committee who will speak on the important work the Commission could do under its proposed new mandate in acting as a clearinghouse for civil rights information, and in providing technical assistance to State and local governments, industry and unions.

As we watch the quickening pace of the efforts by American Negroes to achieve their full civil rights, one realizes that now, as never before, we need sound, good information and communication of that information. We need it desperately. We need it especially at the local levels where civil rights problems exist, and where ultimately they must be solved.

There are many lessons to be learned from Birmingham, but one of them certainly is what happens in a community when the lines of communication between the races fail, and what happens when a sizable portion of American citizens are frustrated to the breaking point in their effort to exercise the most basic rights of citizenship, the right to vote and to assemble.

Now, time ran out in Birmingham. It is clear that there is no moment when the Nation can again say, "Wait," to the American Negro in his efforts to achieve his rights.