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House Members Question Civil Rights Commission Rul
Josey1
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House Members Question Civil Rights Commission Rules
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
April 12, 2002
Capitol Hill (CNSNews.com) - Several Republican House members are questioning whether the rules of the U.S. Commission on Civil Rights are adversely impacting the work of that body.
Following a 1997 General Accounting Agency audit that described the commission as "an agency in disarray, with broad management problems," some commissioners have been complaining about the manner in which the body is run. Thursday, the House Judiciary Subcommittee on the Constitution held a hearing to examine their complaints.
"Among other things, we're concerned about the effect of poor management practices on the quality of the commission's work product, the apparent exclusion and disparagement of minority viewpoints and participation," said subcommittee Chairman Steve Chabot (R-Ohio), "and - after a review of documents recently produced to the subcommittee, the failure to implement fully management reforms recommended by the GAO five years ago."
Commissioner Abigail Thernstrom told the subcommittee that the USCCR could play an important part in the nation's progress toward racial equality, in theory.
"In practice, however, it hurts more than it helps. It sullies the drive for civil rights [and] taints a cause to which every American should be committed. Or at least that is the picture I have seen in the 15 months I have served," she said.
Thernstrom listed a number of problems with the management structure of the commission, as enforced by the Democrats in control of the body, including:
- Draft reports are regularly not made available to minority commissioners prior to their public release;
- Agendas and witness lists are routinely not provided to minority members in advance of hearings and other meetings;
- Press releases are issued in the name of all commission members, without a vote having been taken authorizing the releases, or the contents having been disclosed to minority members;
- Draft documents and research data are provided only to commission staff, minority commissioners are forbidden access; and
- Commissioners are forbidden from communicating with members of the staff. They are directed to communicate only with the staff director who, minority members assert, does not respond to their inquiries.
"Process and substance cannot be separated," Thernstrom concluded. "A corrupt process insures a worthless result."
Commissioner Jennifer Braceras, in a written statement to the subcommittee, echoed Thernstrom's concerns about the management, or lack thereof, of the commission staff.
"Although the Code of Federal Regulations clearly outlines the responsibilities of the staff director in running day-to-day operations of the commission, it is the responsibility of the commissioners to set the policy agenda and priorities of the commission," she wrote.
"Commissioners, in fact, have little input into commission activities and projects and are expected simply to defer unquestioningly to the staff director's recommendations," Braceras added.
USCCR Staff Director Les Jin argues that he is merely following the commission's rules.
"Under the rules of the commission, it is the staff director who is responsible for the product once a decision is made to go ahead with a project. It is not envisioned or allowed for commissioners to be involved in the day-to-day process," Jin said. "If the commissioners, as a body, are not satisfied with the product, then I'm accountable."
But Rep. John Hostettler (R-Ind.) questioned Jin's interpretation of those rules.
"When you say 'as a body,' does that mean unanimous consent or unanimous consensus?" Hostettler asked.
"Like with most organizations, if there's no unanimous agreement, then the majority dictates what moves forward," Jin responded.
Hostettler pressed Jin on rules forbidding commissioners to communicate with staff.
"Commissioners cannot individually, just on their own, decide to talk to staff whenever they want to talk to staff," Jin explained.
"Is that right?" Hostettler asked. "It's very intriguing to me that staff determines the time at which the commissioners can talk to the staff."
New York Democrat Jerrold Nadler called the hearing "petty and punitive."
"I see a campaign of defamation against the commission launched by the right wing people who don't approve of civil rights [who are] part of the Republican Party," he said.
But Thomas Schatz, president of Citizens Against Government Waste, says that with the Democratic majority on the commission requesting a 33-percent increase in the USCCR budget, from $9 million to $16 million annually, the group should be closely scrutinized.
"That's one of the reasons I've suggested having the General Accounting Office take another look, prior to granting this increase," he said. "It always seems in Washington that [people believe] more money will solve management problems. I believe the management problems should be solved before more money goes into any agency."
http://www.cnsnews.com/ViewNation.asp?Page=\Nation\archive\200204\NAT20020412b.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
April 12, 2002
Capitol Hill (CNSNews.com) - Several Republican House members are questioning whether the rules of the U.S. Commission on Civil Rights are adversely impacting the work of that body.
Following a 1997 General Accounting Agency audit that described the commission as "an agency in disarray, with broad management problems," some commissioners have been complaining about the manner in which the body is run. Thursday, the House Judiciary Subcommittee on the Constitution held a hearing to examine their complaints.
"Among other things, we're concerned about the effect of poor management practices on the quality of the commission's work product, the apparent exclusion and disparagement of minority viewpoints and participation," said subcommittee Chairman Steve Chabot (R-Ohio), "and - after a review of documents recently produced to the subcommittee, the failure to implement fully management reforms recommended by the GAO five years ago."
Commissioner Abigail Thernstrom told the subcommittee that the USCCR could play an important part in the nation's progress toward racial equality, in theory.
"In practice, however, it hurts more than it helps. It sullies the drive for civil rights [and] taints a cause to which every American should be committed. Or at least that is the picture I have seen in the 15 months I have served," she said.
Thernstrom listed a number of problems with the management structure of the commission, as enforced by the Democrats in control of the body, including:
- Draft reports are regularly not made available to minority commissioners prior to their public release;
- Agendas and witness lists are routinely not provided to minority members in advance of hearings and other meetings;
- Press releases are issued in the name of all commission members, without a vote having been taken authorizing the releases, or the contents having been disclosed to minority members;
- Draft documents and research data are provided only to commission staff, minority commissioners are forbidden access; and
- Commissioners are forbidden from communicating with members of the staff. They are directed to communicate only with the staff director who, minority members assert, does not respond to their inquiries.
"Process and substance cannot be separated," Thernstrom concluded. "A corrupt process insures a worthless result."
Commissioner Jennifer Braceras, in a written statement to the subcommittee, echoed Thernstrom's concerns about the management, or lack thereof, of the commission staff.
"Although the Code of Federal Regulations clearly outlines the responsibilities of the staff director in running day-to-day operations of the commission, it is the responsibility of the commissioners to set the policy agenda and priorities of the commission," she wrote.
"Commissioners, in fact, have little input into commission activities and projects and are expected simply to defer unquestioningly to the staff director's recommendations," Braceras added.
USCCR Staff Director Les Jin argues that he is merely following the commission's rules.
"Under the rules of the commission, it is the staff director who is responsible for the product once a decision is made to go ahead with a project. It is not envisioned or allowed for commissioners to be involved in the day-to-day process," Jin said. "If the commissioners, as a body, are not satisfied with the product, then I'm accountable."
But Rep. John Hostettler (R-Ind.) questioned Jin's interpretation of those rules.
"When you say 'as a body,' does that mean unanimous consent or unanimous consensus?" Hostettler asked.
"Like with most organizations, if there's no unanimous agreement, then the majority dictates what moves forward," Jin responded.
Hostettler pressed Jin on rules forbidding commissioners to communicate with staff.
"Commissioners cannot individually, just on their own, decide to talk to staff whenever they want to talk to staff," Jin explained.
"Is that right?" Hostettler asked. "It's very intriguing to me that staff determines the time at which the commissioners can talk to the staff."
New York Democrat Jerrold Nadler called the hearing "petty and punitive."
"I see a campaign of defamation against the commission launched by the right wing people who don't approve of civil rights [who are] part of the Republican Party," he said.
But Thomas Schatz, president of Citizens Against Government Waste, says that with the Democratic majority on the commission requesting a 33-percent increase in the USCCR budget, from $9 million to $16 million annually, the group should be closely scrutinized.
"That's one of the reasons I've suggested having the General Accounting Office take another look, prior to granting this increase," he said. "It always seems in Washington that [people believe] more money will solve management problems. I believe the management problems should be solved before more money goes into any agency."
http://www.cnsnews.com/ViewNation.asp?Page=\Nation\archive\200204\NAT20020412b.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878