[Pages H4802-H4808]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

HONORING 40TH ANNIVERSARY OF PASSAGE OF CIVIL RIGHTS ACT OF 1964

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and agree
to the resolution (H. Res. 676) recognizing and honoring the 40th
anniversary of congressional passage of the Civil Rights Act of 1964.
The Clerk read as follows:

H. Res. 676

Whereas 2004 marks the 40th anniversary of congressional
passage of the Civil Rights Act of 1964 (Public Law 88-352);
Whereas the Civil Rights Act of 1964 was the result of
decades of struggle and sacrifice of many Americans who
fought for equality and justice;
Whereas generations of Americans of every background
supported Federal legislation to eliminate discrimination
against African Americans;
Whereas a civil rights movement developed to achieve the
goal of equal rights for all Americans;
Whereas President John F. Kennedy on June 11, 1963, in a
nationally televised address proposed that Congress pass a
civil rights act to address the problem of invidious
discrimination;
Whereas a broad coalition of civil rights, labor, and
religious organizations, culminating in the 1963 march on
Washington, created national support for civil rights
legislation;
Whereas during consideration of the bill a historic
prohibition against discrimination based on sex was added;
Whereas the Congress of the United States passed the Civil
Rights Act of 1964, and President Lyndon Johnson signed the
bill into law on July 2, 1964;
Whereas the Civil Rights Act of 1964, among other things,
prohibited the use of Federal funds in a discriminatory
fashion, barred unequal application of voter registration
requirements, encouraged the desegregation of public schools
and authorized the United States Attorney General to file
suits to force desegregation, banned discrimination in
hotels, motels, restaurants, theaters, and all other places
of public accommodations engaged in interstate commerce, and
established the Equal Employment Opportunity Commission;
Whereas title VII of the Act not only prohibited
discrimination by employers on the basis of race, color,
national origin, and religion but sex as well, thereby
recognizing the national problem of sex discrimination in the
workplace;
Whereas the Congress of the United States has amended the
Civil Rights Act of 1964 from time to time, with major
changes that strengthened the Act;
Whereas the 1972 amendments, among other things, gave the
Equal Employment Opportunity Commission litigation authority,
thereby giving the EEOC the right to sue nongovernment
respondents, made State and local governments subject to
title VII of the Act, made educational institutions subject
to title VII of the Act, and made the Federal Government
subject to title VII, thereby prohibiting Federal executive
agencies from discriminating on the basis of race, color,
sex, religion, and national origin;
Whereas the 1991 amendments to the Civil Rights Act
overruled several Supreme Court decisions rendered in the
late 1980s and allowed for the recovery of fees and costs in
lawsuits where plaintiff prevailed, for jury trials, and for
the recovery of compensatory

[[Page H4803]]

and punitive damages in intentional employment discrimination
cases, and also expanded title VII protections to include
congressional and high level political appointees;
Whereas the Civil Rights Act of 1964 is the most
comprehensive civil rights legislation in our Nation's
history; and
Whereas we applaud all those whose support and efforts lead
to passage of the Civil Rights Act of 1964: Now, therefore,
be it
Resolved, That the House of Representatives--
(1) recognizes and honors the 40th anniversary of
congressional passage of the Civil Rights Act of 1964; and
(2) encourages all Americans to recognize and celebrate the
important historical milestone of the congressional passage
of the Civil Rights Act of 1964.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr.
Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).

General Leave

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H. Res. 676, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H. Res. 676, which recognizes the
40th anniversary of Congress' passage of the Civil Rights Act of 1964,
and calls on all Americans to recognize and celebrate the historical
milestone that it represents.
The Civil Rights Act of 1964 has been a cornerstone in the effort to
end discrimination on the basis of race, color, national origin,
religion, and sex. It has been used successfully by Federal prosecutors
to desegregate hotels, motels, restaurants, theaters, and other places
of public accommodation engaged in interstate commerce. Together with
the Voting Rights Act of 1965 and the Fair Housing Act of 1968, and the
Supreme Court's decision in Brown v. Board of Education, the Civil
Rights Act of 1964 has done much to remedy the sad legacy of
discrimination in America.
As I noted in my comments on the resolution commemorating the 50th
anniversary of Brown on the House floor last month, the quest for civil
rights has been, and must continue to be, a bipartisan effort. This was
particularly true in the passage of the 1964 Civil Rights Act.
Recognizing that segregationists in the Democratic Party could
forestall the passage of any civil rights legislation, the Kennedy
administration actively sought to build a bipartisan consensus in favor
of the bill from the moment of its introduction. In that spirit,
Republican ranking member William M. McCulloch joined with Democratic
chairman Emanuel Celler to guide the bill through the House Committee
on the Judiciary. Their efforts ultimately led 138 Republicans to join
152, mostly Northern Democrats to overwhelmingly pass a compromise
measure in the full House on February 10, 1964.
In the Senate, bipartisanship was even more important for passage of
the act. Due to the rules of that body, a minority of Senators, mostly
Southern Democrats, were able to prevent a vote on the act for 52 days.
Against this backdrop, Republican Minority Leader Everett McKinley
Dirksen succeeded in drafting an alternative clean bill with Majority
Leader Mike Mansfield that kept most of the substantive provisions of
the House bill, while tweaking it sufficiently to gain the support of a
few swing Republican Senators. The Dirksen-Mansfield substitute worked.
After an impassioned floor speech by Senator Dirksen, the Senate voted
71 to 29 to invoke cloture on June 10, 1964. After a few more days of
procedural wrangling, 28 Republicans joined with 45 Democrats to pass
the Civil Rights Act by a 73 to 27 margin.
When the Senate-passed measure returned to the House for final
action, a bipartisan coalition succeeded in ensuring that the bill
would go to the floor without an amendment. On July 2, 1964, the House
passed the Civil Rights Act with yet another bipartisan vote of 289 to
126. The bill went to the White House where President Johnson signed it
into law before a live television audience the same day.
The legislative history of the Civil Rights Act demonstrates what can
happen when Republicans and Democrats work together. Neither side got
everything it wanted, but they succeeded in passing landmark
legislation that, while imperfect, did a great deal to remedy
discrimination and promote equality of all Americans, regardless of
color, creed, or sex.
Passage of the Civil Rights Act of 1964 was one of the highlights of
the history of Congress, and I hope that all Members will join me in
recognizing its importance.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the resolution which honors the
40th anniversary of the Civil Rights Act of 1964 and the many civil
rights advances since its enactment.
I want to first commend our colleague, the gentlewoman from the
District of Columbia, for introducing the resolution. I also want the
record to reflect her long efforts to make real the promise of our
civil rights laws as Chair of the Equal Employment Opportunity
Commission, working with the New York Human Rights Commission as a
legal scholar, and a distinguished Member of this House.
It is difficult to overstate the importance of the Civil Rights Act.
It is a monumental achievement, reflecting the best values of this
Nation: equality, fairness, and respect for the dignity of all people.
No one should forget how difficult it was to get this legislation
through, how hard the forces of bigotry fought its passage, how strong
the resistance was, and still is, to its enforcement.
Reflecting on these past achievements should be an occasion, most of
all, for us to learn from the past and to remember that our society has
changed for the better. We can be more inclusive. We can fight Big
Industry. We can continue our progress as a Nation toward the promise
that all people are created equal and that our Nation will treat every
person in that spirit.
The resolution notes that the struggle did not end with this
watershed legislation. Rather, it marks an important milestone in the
fight against discrimination.

{time} 1345

Today, as our Nation continues that fight, we should draw inspiration
from this achievement to move forward and tackle the remaining threats
to equality. This anniversary gives us the opportunity to reflect and
remember that true progress is possible, even against tremendous odds.
That experience proves that we have no right to resign ourselves to the
remaining injustices because we know what is possible.
I urge my colleagues to support the resolution, and I commend the
gentlewoman from Washington, DC, for introducing it.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 4 minutes to the
gentlewoman from Washington, DC, (Ms. Norton), the sponsor of the
legislation.
Ms. NORTON. Mr. Speaker, I thank the gentleman from Virginia for
yielding me this time, and I appreciate his work in managing this bill
and bringing it forward on our side, and his own work for civil rights
in his own State of Virginia. I want to thank the distinguished
chairman, the gentleman from Wisconsin (Mr. Sensenbrenner), for his
support and cosponsorship of this important resolution. I also want to
thank the ranking member, the gentleman from Michigan (Mr. Conyers),
for his work on the resolution as well as for his steadfast effort of
four decades in establishing and preserving civil and human rights in
the Congress and in our country.
Not surprisingly, but nevertheless with gratification, I note that
this resolution is also cosponsored by all the members of the
Congressional Black Caucus.
As a former chair of the Equal Employment Opportunity Commission, I
was pleased to introduce this resolution and to work with the gentleman
from Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers) to perfect its wording.

[[Page H4804]]

The 1964, Civil Rights Act was enacted during the most fruitful
period for civil rights legislation in our history since the Civil War.
President Kennedy called on Congress to pass a civil rights bill, and
the great march on Washington of 1963 was perhaps the seminal event
leading to passage. After much debate, on July 2, 1964, Congress passed
the Act. President Lyndon Johnson, whose political skills and
dedication to civil rights were vital to passage, signed the bill into
law.
The 1964 Civil Rights Act is the most comprehensive civil rights
legislation in the Nation's history. The Act, among other things,
prohibits the use of Federal funds in a discriminatory fashion, bars
unequal application of voter registration requirements, encouraged the
desegregation of public schools, and authorized the United States
Attorney General to file suits to compel desegregation. And very
importantly in this period of many demonstrations, it banned
discrimination in hotels, motels, restaurants, theaters, and all other
places of public accommodation engaged in interstate commerce.
The Act contained a historic prohibition against discrimination based
on sex. That was inserted at the very end, but has since changed the
workplace and our country profoundly.
Perhaps the most important provision of this very important Act was
the creation of the Equal Employment Opportunity Commission, which was
established to administer the Nation's first Federal antidiscrimination
employment law that had been a major goal of African Americans
throughout the 20th Century.
Mr. Speaker, the 1964 Act is one of the great milestones of the
United States Congress. We see the fruits of the Act virtually
everywhere in our country. Forty years later, may the act inspire us to
continue to do what is necessary to arm the EEOC and the Justice
Department, and to arm ourselves to carry its work to completion.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 5 minutes to the
gentleman from Georgia (Mr. Lewis), a stalwart in the Civil Rights
movement.
Mr. LEWIS of Georgia. Mr. Speaker, I want to thank my friend and
colleague for yielding me this time.
Mr. Speaker, I rise today in support of House Resolution 676,
recognizing the 40th anniversary of the congressional passage of the
Civil Rights Act of 1964. I want to thank my good friend of many years,
a colleague in the student nonviolent coordinating committee during the
early 1960s, the gentlewoman from the District of Columbia (Ms.
Norton), for bringing forth this resolution.
In addition, Mr. Speaker, I want to thank her for all of her hard
work for many years for civil rights and social justice, and for having
the courage during and after law school at Yale University to come
south and work in Mississippi during one of the most difficult periods
in the history of our country and in the history of our struggle for
civil rights. And for helping to organize the march on Washington 41
years ago, I thank her, thank her for keeping the faith, thank her for
keeping her eyes on the prize.
Mr. Speaker, the Civil Rights Act of 1964 just did not happen. It
just did not happen. It took many years, many months of struggle on the
part of a disciplined and organized movement that created a climate,
created an environment for action on the part of the President of the
United States and the Members of the Congress.
One must understand that in the American south during the 1950s and
1960s, there were signs that said, ``white men, colored men; white
women, colored women; white waiting, colored waiting.'' Segregation and
discrimination were the order of the day. As a child growing up in the
American south, and as a participant in the civil rights movement, I
saw those signs. There were separate water fountains in department
stores, in public buildings. A sign in front of the fountain marked
``white'' and a spigot marked ``colored'' for people to get water to
drink.
Black people could not go into a store, buy a pair of shoes. And
sometimes they were not even allowed to try on those shoes. They would
go into a store and they were not even allowed to try on a suit, and
women were not allowed to try on a dress. They were welcome to go into
a drugstore to get a prescription filled, but they were not allowed to
sit down at the lunch counter and have a soda or something to eat. They
had to take it out on the streets and stand up to drink or eat. There
were separate waiting rooms in bus stations and train stations. People
could not stay in the same hotel. People could not ride in the same
taxi cabs.
When I look back on it, Mr. Speaker, the drama of the movement, the
sit-ins, the freedom rides, the stand-ins at the theaters, the marches,
all were the action of an ordinary people using the philosophy and the
discipline of nonviolence. People had been beaten, people had been
arrested and jailed, some had been shot and even killed. Medgar Evers
was shot and killed in May of 1963 at his home in Jackson, Mississippi.
Police Commissioner Bull Connor in Birmingham, Alabama, used fire hoses
and dogs on nonviolent protestors. Four little girls were killed while
attending Sunday school on Sunday morning September 15, 1963, when
their church was bombed. Because of what happened in Birmingham,
Alabama, and other parts of the American south, there was a sense of
righteous indignation.
All across America, by the hundreds and thousands, people started
demanding that the Federal Government act. People sent letters,
telegrams, and petitions to Members of Congress and to the White House.
And President Kennedy responded on June 11 in a nationally televised
address to the Nation and he urged the Congress to pass a Civil Rights
Act.
The Congress debated the proposed Act for many days, long nights, and
it was finally passed on July 2, 1964. Forty years ago, President
Lyndon Johnson signed into law that Act. I think it is fitting and
appropriate, Mr. Speaker, for us to pause and celebrate the distance we
have come and the progress we have made. Because of the actions of
hundreds of our citizens, and because of the response of the United
States Congress, President John F. Kennedy, and President Lyndon
Johnson we have witnessed what I like to call a nonviolent revolution
in America, a revolution of values, a revolution of ideas.
Today, because of the actions of 1964, we are a better Nation, we are
a better people, better in the process of laying down the burdens of
race. The signs that I saw back then, the young people today will never
see. The only place they will see those signs will be in a museum, in a
book, or a video. Those signs are gone, and they will never, ever
return to America.
Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume
to the gentleman from California (Mr. Cox).
Mr. COX. Mr. Speaker, I thank the chairman for yielding me this time.
Today, we celebrate the anniversary of the Civil Rights Act of 1964,
which was the subject of debate in this very body 40 years ago and
which was enacted into law almost on this very day, on July 2. This
anniversary is important because guaranteeing the equal treatment, the
equal recognition of every American before the law has been a work in
progress for the entirety of the existence of this Nation and it
remains a work in progress still.
It is important also because with this enactment, the United States
finally established in permanent, positive law the fulfillment of the
vision of the grand words of our founders; that our Nation would not
treat its citizens differently any more than they are treated
differently in the eyes of God, their creator. The Act said that we
will not tolerate discrimination against women or against men of any
race or background or belief, even when the offense is not committed by
a State government or by the Federal Government.
When the Congress finished this momentous work in 1964, our Nation
had already made significant progress in advancing the rights of women
and minorities. In 1964, Senator Margaret Chase Smith became the first
woman to be considered by a major party for nomination to the
Presidency of the United States. She finished second in the balloting
to Barry Goldwater. But in that same year, reflecting how far we still
had to go, and may have to go, a former Klu Klux Klansman filibustered
the Civil Rights Act on the floor of the other body for 14 hours.
History will record that one of the great leaders in the passage of
the 1964

[[Page H4805]]

Civil Rights Act was Senator Everett Dirksen, who indeed led the fight
to protect the rights of all Americans here in the United States and,
ultimately, to extend that vision around the world. Today, we can look
back at the Civil Rights Act of 1964 in even greater appreciation, if
not awe, of its significance.
Remember that this legislation had been enacted in prototypical form,
in the 19th century by this Congress, but it had been stricken down by
the Supreme Court. In 1964, the Congress acted and we made it stick.
This legislation finally said to the world that if you are an American,
our government will protect your freedom not only from outside
aggressors, but from those in your own country who would deny
employment benefits to you or deny you access to a public place because
of your race, color, religion, sex or national origin.
This Act created a law enforcement organization, the Equal Employment
Opportunity Commission, and it enhanced the power of the U.S.
Department of Justice, which had been created initially to prevent
discrimination against American citizens. Now the Department of Justice
was given more tools to combat public and private discrimination. There
were major steps in continuing a national tradition of expanding
protection for individuals that dates back to the establishment of our
Nation.
From the statement of equality in the first line of the Declaration
of Independence to the founding of the Republican Party for the purpose
of opposing slavery in 1854, to the first attempts to enact effective
civil rights legislation in the years after the war, to the
establishment of voting rights for women, to the defeat of fascism and
Soviet communism, our Nation has moved deliberately, if not promptly,
to become the Nation in which freedom for individuals is paramount.

{time} 1400

As a legal act, the Civil Rights Act of 1964 required courage,
persistence, and dedication to enact. Countless lives were taken and
sacrificed in attacks against the ideas it embodies. There were battles
for this rule of law that made it possible. America had its very own
domestic terrorist organization, the Ku Klux Klan, organized to murder
opponents and to destroy the principle of freedom that we fight to
protect today from terrorists around the world. As we memorialized
President Reagan a few weeks ago, we were reminded of our national
mission to protect freedom, and we once again heard the final line of
the ``Battle Hymn of the Republic.'' That simple line speaks to us even
now as our soldiers are deployed around the world: ``Let us die to make
men free.''
Forty years ago, this and the other body approved the Civil Rights
Act with overwhelming bipartisan support. What we do here today while
our soldiers still give their lives to make others free is remind the
world once again that our Nation stands for freedom and equality. To
us, these are priceless. I commend the authors of this resolution for
so doing and urge its adoption.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the
gentlewoman from Texas (Ms. Jackson-Lee), a member of the Committee on
the Judiciary.
Ms. JACKSON-LEE of Texas. Mr. Speaker, my first thought was to come
to this podium with a prepared text to be able to salute the 40th
anniversary of the congressional passage of the Civil Rights Act of
1964. But I thought it would be more appropriate to speak from the
heart and recollection of the pain that was experienced by many in this
country without the passage of this act.
Might I first give my accolades and appreciation to the gentlewoman
from the District of Columbia (Ms. Norton) for her fight on the
battlefield for civil rights; to the gentleman from Georgia (Mr.
Lewis), our own special icon and warrior for peace; to the members of
the Committee on the Judiciary and others, chairman and ranking member,
for allowing us this small moment of acknowledgment in the backdrop of
the death of Schwerner, Goodman and Chaney, three young men of
different backgrounds and religious faiths who came together in destiny
down in Mississippi just to be able to stand up for the opportunity and
freedom for a people who had been disenfranchised from the time that
they came to this Nation.
Is it not interesting that the 1964 act prohibited discrimination, if
you will, in voter registration and public schools. Some would say, did
we not have Brown v. Board of Education in 1954? And yet 10 years later
we needed the Civil Rights Act to encourage desegregation in our
schools. There are reasons that many of us support specific political
philosophies because Lyndon Baines Johnson, a President from Texas,
helped to be part of the movement of this bill and we had to organize,
yes, some Southerners and Northerners and moderates, to come together
to push for the support and legislation of this bill.
But most of all I believe that this day allows us to remember that we
are on a journey of freedom and that journey is not yet complete, for
now we suffer with unequal educational systems in our public schools,
inner cities that are crumbling; and, yes, we suffer from an election
system that is yet not fair.
So I stand before you to acknowledge the fact that we are grand and
greater because of the 1964 Civil Rights Act; but what I would simply
say to America, our journey is yet not finished and we would join
together in working in our Congress to be able to have a fair and
equitable system of health care, of an educational system, and of an
economic system that treats all of us fairly.
I hope, finally, that we will address the question of an unequal
criminal justice system because the Civil Rights Act of 1964 is that.
It is the planting of the seed to ensure that all America joins in
civil rights, not just African Americans, not just Hispanics, but
immigrants, Anglos, Asians and all will join together and recognize
that this Nation is a better place if you acknowledge first that race
is a factor in this country and if you acknowledge first that we have
not yet finished the journey for civil rights in America.
Mr. Speaker, I rise in strong support of H. Res. 676, a bill
recognizing and honoring the 40th anniversary of Congressional passage
of the Civil Rights Act of 1964. It is imperative that we take a step
back to recognize the years of bondage and enslavement; needless
lynching and bloodshed; and the years of discrimination and hatred that
Civil Rights Act of 1964 sought to curtail.
The legal protection of U.S. citizens, regardless of race, color,
sex, religion and national origin against the vice of discrimination in
the workplace and places of public accommodation; the prohibition of
unequal application of voter registration requirements; the
encouragement of continued desegregation of public schools; and the
establishment of the Equal Employment Opportunity Commission highlight
the basic tenets set forth in the Civil Rights Act of 1964.
I speak out today to commemorate the progress we have made in casting
out the demons of prejudice and discrimination. I speak out today to
recognize the steps we have taken as a nation to get closer to the
American Creed. However, I must speak out today to call attention to
the progress we have yet to make in order to fulfill the tenets of
Civil Rights Act of 1964. I speak out today to challenge this nation to
uphold our founding principles of equal opportunity for all, regardless
of race, color, sex, religion and national origin.
Despite the 40 year life span of the Civil Rights Act of 1964, in
2004, we still attempt to take the life out of this act by violating
its principles. Although the U.S. Supreme Court affirmed Prairie View
A&M University student voter rights in 1979 when it was challenged in
Waller County, Texas, attempts to disenfranchise Prairie View A&M
University students continue today.
On November 5, 2003, the Waller County, Texas District Attorney
requested that the county Elections Administration bar the students at
Historically Black College Prairie View A&M University from voting
locally by virtue of his unilateral interpretation of ``domicile'' for
voting purposes. Texas voter registration law only requires a person to
be a resident of the county at least 30 days prior to the elections.
African-American students represent the majority of Prairie View A&M's
student body of 7,000 members, and these students, constitute a major
voting bloc in Waller County. The District Attorney's request sought to
effectively disenfranchise African-American college students in this
area; as such, this request suggested a form of voter intimidation and
likely had the effect of denying or abridging the right to vote on
account of race or color. Despite a prolonged dialogue with Texas
officials regarding this matter, relief from the pressures and
intimidation experienced by the students when attempting to exercise
their

[[Page H4806]]

rights was never provided. This example does not stand alone among the
long list of discriminatory acts that continue to plague our nation.
I ask you, Mr. Speaker, my colleagues: Have we truly upheld the Civil
Rights Act of 1964? If your answer is no, you are one step closer in
helping us to realize our U.S. commitment to equality. You must now
join the front lines in the battle against discrimination and
injustice. If your answer is yes, I ask that you call your attention to
all of the overt and covert discriminatory acts that occur across our
nation, such as the attempted disenfranchisement of the Prairie View
A&M University students in Waller County, Texas.
Mr. Speaker, in closing, I would like to ask my colleagues to support
H. Res. 676 because of the significant and far-reaching impact the
Civil Rights Act of 1964 continues to have on our nation. The Civil
Rights Act of 1964 is one of the essential, yet fragile threads that
keep our nation civil. In fact, the passage of the Civil Rights Act of
1964, helped to mend our nation's worn fabric, tattered by hostility
and hatred, into a nation that strives for the liberties and rights of
all.
The fight to achieve equality is by far not over, but honoring and
reflecting upon legislation such as the Civil Rights Act of 1964 will
bring this nation one step closer to upholding unity and justice for
all. I implore all of my colleagues to keep the spirit of equality and
equal opportunity, the spirit of the Civil Rights Act alive, when
governing this nation. As an original cosponsor of this bill, I find
this resolution not only pertinent, but a necessary reminder to
encourage us to move in the right nation, which is a nation for all.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the
gentleman from Alabama (Mr. Davis).
Mr. DAVIS of Alabama. Mr. Speaker, I thank my friend from the great
State of Virginia for yielding time.
Mr. Speaker, there are three of us who are African American who were
not even born when this act was passed: the gentleman from Tennessee
(Mr. Ford), the gentleman from Florida (Mr. Meek), and me. I should
begin by saying that those of us who were born in the late 1960s, we
are not only the legatees of what was done here 40 years ago; we are
very much the hope of what was done here 40 years ago. It was somehow
imagined by the people who sat in this Chamber 40 years ago close to
this very day that if they made this change in our laws that they would
somehow open up the talent base in this country, that they would
somehow build an America that had never been; and the fact that we
commend this day shows us the continuing power of law.
It is sometimes fashionable to say that you cannot legislate morality
in this country, and all of us have said that on our favorite issue or
another; but this is the reality: law can be used to shape our moral
character; law can be used to set the boundaries of what we will
tolerate and what we will not accept and that is exactly what we did 40
years ago. We used the power of law to shape the American dream and to
talk about its outer aspirations.
It is ironic as I stand here, one of the reasons that more Members
are not in this Chamber right now is because at this very moment an
African American Secretary of State is briefing the Congress. Another
reason more Members are not here is because at this very moment a
young, dynamic black Democrat named Barak Obama is in this building
receiving members of the Congressional Black Caucus. A black Secretary
of State; a black U.S. Senator about-to-be, born in Illinois; a black
national security adviser. Whatever we disagree on, that is an America
that no one would have contemplated 40 years ago.
I end just on this note. By thinking about frankly a lot of people
who never had the chance to serve in this Chamber, all of the brilliant
African Americans who were born too early to be in Congress, who were
born too early to shape this country's agenda, they could have been
here if America had been a little bit fairer and if our dream had been
a little bit more secure in this country.
They are really the people we ought to be thinking about today in
some sense because when that Congress passed the civil rights law and
Lyndon Johnson signed it into law, this is what it did: it created an
America where talent is the outer limit of what you can be. And yes, as
my friend from Texas said, we routinely fall short of that goal, but at
least we have it as a value, at least we have it as a goal; and it
somehow defines what we can be and what we can still dream.
So as one young African American Member of this institution, I simply
say this. We are so much freer than we used to be as a country. We are
also so much more American.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the gentleman from Georgia (Mr. Bishop).
Mr. BISHOP of Georgia. Mr. Speaker, let me thank my colleague from
Virginia, and let me thank everyone who has taken the time to
commemorate this very, very historic law. The Civil Rights Act of 1964
certainly has changed the history of America. It certainly has affected
my life and the lives of many others who were similarly situated,
having grown up in the segregated South in Mobile, Alabama; having
attended segregated schools; having segregated public accommodations.
I was just struck as I reflect every day on how different life is
today in 2004 from the way that it was in 1964, the year that I
graduated from high school. I am grateful that this Nation passed
through the Congress the Civil Rights Act of 1964. I am grateful that I
had an opportunity as a young attorney with the NAACP Legal Defense and
Educational Fund as an Earl Warren Fellow to help in the implementation
and the interpretation of the 1964 Civil Rights Act, particularly as it
related to employment discrimination and the other aspects of it in
terms of my early days as a civil rights attorney.
It was very meaningful to me. Certainly the interpretations have
meant worlds for the changes that have been implemented in this country
and the model that this has set for other nations around the world,
particularly in South Africa. I, therefore, would like to just register
my heartfelt thanks to all those who had a hand in passing this law and
for all those who have paid the price and worked so hard to see that it
is implemented in the way that Congress intended.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself the balance of my
time. I again want to thank the gentlewoman from the District of
Columbia for her leadership. I urge Members to not only remember the
need for the Civil Rights Act but also to commit to support its
principles.
Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, in listening to my friends from the other side of the
aisle talk in support of this very important and meritorious
resolution, they seem to have forgotten that the advances of civil
rights that were passed in Congress in the 1960s were only made
possible due to the fact that civil rights was a bipartisan project.
Republicans and Democrats joined together to pass not only the civil
rights bill of 1964 but the Voting Rights Act of 1965 and the Fair
Housing Act of 1968.
When we talk about civil rights in the 21st century, it seems to me
that we ought to hearken back on repeating what worked in the 20th
century. I did not hear very much praise for the Republican efforts to
get the civil rights acts passed. I would remind my friends on the
Democratic side of the aisle that we are just as much for civil rights
as you are; and when we work on this on a bipartisan basis, we can
accomplish a lot more while each side maybe strikes a few fewer
political points.
I urge the adoption of this resolution.
Mr. VISCLOSKY. Mr. Speaker, it is my honor to rise today in support
of House Resolution 676 and to celebrate the 40th anniversary of
congressional passage of the Civil Rights Act of 1964.
This landmark piece of legislation has been a cornerstone of our
democracy for the past 40 years. The leaders who championed these
important protections were visionaries armed with a truly moral cause.
Congress sent the Civil Rights Act to President Johnson who signed the
measure into law on July 2, 1964. That date will forever serve as the
date our country embraced the fundamental right to equality. No longer
would Americans tolerate injustice and discrimination.
As the Representative of a racially, ethnically, and spiritually
diverse constituency, I have witnessed the blending of cultures and the
strong and vital community that has resulted from those forces. The
Civil Rights Act of 1964 was the pivotal moment in American

[[Page H4807]]

history that ensured the vitality of Northwest Indiana, and all of our
communities. Though this legislation required decades of struggle and
sacrifice in order to be realized, the gains we have been able to
achieve as its result have been unparalleled.
The Civil Rights Act of 1964 was passed in the 88th Congress to
enforce the constitutional right to vote, tackling discriminatory tests
and obstacles placed in the path of many who sought to have a voice in
their representation. It banned discrimination in federally assisted
programs and outlawed segregation in businesses such as theaters,
restaurants, and hotels. Title VII of the Act took the fundamentally
important step of prohibiting discrimination by employers on the basis
of race, color, national origin, religion or sex. It provided crucial
enforcement mechanisms, by enlisting the district courts, the Attorney
General, the Commission on Civil Rights, and the newly established
Commission on Equal Employment Opportunity. Each provides vigorous and
proactive protection of constitutional rights and takes action against
those who continue to discriminate. This piece of legislation was a
critical step in our Nation's efforts to address the issues of
fundamental rights and institutionalized discrimination.
This legislation was, above all ``essentially moral in character,''
as Senate Minority Leader Everett M. Dirksen stated. Passing the
legislation was the right thing to do at the time, and vigorously
enforcing it is the right thing to do in our time.
Mr. Speaker, at this time I ask that you and my other distinguished
colleagues join me in recognizing that the Civil Rights Act of 1964 was
the result of many years of struggle and sacrifice by Americans who
fought for equality and justice, to whom we owe a great debt of
gratitude. I applaud all those whose support and efforts led to the
passage of the Civil Rights Act of 1964, the most comprehensive civil
rights legislation in our Nation's history. It is with great honor and
pride that I commemorate the 40th anniversary of this landmark
legislation.
Mr. CUMMINGS. Mr. Speaker, I rise in support of H. Res. 676, a
resolution recognizing and honoring the 40th anniversary of the passage
of the Civil Rights Act of 1964, brought to the floor by Eleanor Holmes
Norton from the District of Columbia and spearheaded by the venerable
House Judiciary Committee ranking member, Representative John Conyers.
I thank you both for your unwavering leadership.
Mr. Speaker, July 2, 2004 marks the 40th anniversary of President
Lyndon B. Johnson's signing into law of the Civil Rights Act of 1964.
This landmark legislation ended the disenfranchisement of millions of
Americans and struck a final blow to the Jim Crow laws that existed in
many parts of our country.
As many of us know, the Civil Rights bill ended de jure segregation
and discrimination in public accommodations, publicly owned or operated
facilities and schools, employment and union membership, and voter
registration. Just imagine what this country would be like without the
enactment of these laws--a country where some people are treated like
second-class citizens solely because of the color of their skin? How
atrocious a thought? Where people are denied employment because of
their color, national origin, religion or sex? The Civil Rights Act of
1964 and its progeny secured equal rights under the law for all
Americans--the importance of passage of this bill cannot be overstated.
In the early 1960s, millions of Americans continued to suffer under
the oppressive hand of Jim Crow laws. The Freedom Rides of the 1960s,
led by religious leaders, civil rights activists, students and many
others, empowered African Americans to organize and attempt to vote
throughout the Deep South. Many Freedom Riders, such as Chaney,
Schwerner and Goodman gave their lives for the cause of equal rights
for all. Their names are indelibly inked in our collective
consciousness, but there were many equally brave and courageous
individuals whose names will not be recorded in the history books.
However, none are forgotten. Due to their courage, we celebrate the
40th anniversary of the passage of the Civil Rights Act of 1964. I
believe that commemorating passage of the Act reflects our commitment
to bring this Nation closer to the ideals and values that each of us
holds dear--equality for all.
Mr. Speaker, while I have come here to commemorate these great laws,
I must also recognize that while the Act brought our Nation closer to
fulfilling the promises guaranteed in the Constitution, de facto
discrimination continues to pervade many of our institutions. Though we
are a country on the brink of embodying a truly democratic Nation, we
are also a Nation grappling with ensuring that the goals of the Act are
achieved. We only need look to the 2000 Presidential Election in which
many African Americans reported being turned away from voting polls.
Our election process was marred by the disenfranchisement of thousands
in Florida and on a smaller scale in other states polling places. These
incidents of disenfranchisement show that though we are close, we are
not there yet.
Mr. Speaker, as we honor the enactment of this momentous law, it is
imperative that we also acknowledge that many of our Nation's
communities have not progressed much since 1964 and still suffer the
ravages of discrimination. Though the Civil Rights Act of 1964 brought
us closer to dismantling the legacy of slavery, many American men,
women and children still feel its impact. Many of our schools remain
segregated (de facto) and underfunded. In fact, the No Child Left
Behind Act, which authorizes funding and establishes accountability for
our public schools, will be underfunded by at least $8 billion in the
FY 05 budget. Many African Americans remain in the lowest economic
brackets, where unemployment often reaches double digits in some
communities, including my own. Women still earn $0.76 on the dollar to
men for the same work and the same hours.
On that note, as my time to speak is short, I leave with two quotes
from Reverend Dr. Martin Luther King, Jr., whose name is synonymous
with the peaceful advancement of the civil rights movement. The first
is one of my favorites and is taken from writings during his time spent
imprisoned for standing up to the ugly face of discrimination and
segregation--``injustice anywhere is a threat to justice everywhere.''
(Letter from a Birmingham Jail, April 16, 1963). Until we promote
economic and educational policies that level the playing field for
those that have been left behind--left behind many times in fact--then
the injustice of second class citizenship will persist.
The last is a quote by Dr. King that is not as often quoted but is
equally remarkable in its insight--``[A]ll progress is precarious, and
the solution of one problem brings us face to face with another
problem.'' (Martin Luther King, Jr., ``Strength to love,'' 1963). I
find these words encouraging because they are wrought with optimism for
the future. We are progressing steadily in our fight toward equality,
and although we have many more problems to overcome and to confront,
united, I am confident we will win this fight.
We must sustain the legacy of the Civil Rights Act of 1964 by
continuing to enact legislation that represents what it stands for--our
country's highest ideals of equality and opportunity for all citizens.
I call upon my colleagues to join me in honoring the 40th anniversary
of the Civil Rights Act of 1964 by voting in favor of passage of this
resolution.
Mr. HOYER. Mr. Speaker, I strongly support H.R. 676, which recognizes
and honors the 40th anniversary of congressional passage of the Civil
Rights Act of 1964.
On July 2nd, we will mark the passage of this historic act, which
finally guaranteed equal rights for minorities in America. It is hard
to believe that it was only 40 years ago when, facing prejudice and
stubborn odds, President Lyndon Johnson guided the Civil Rights Act
through the House and Senate and signed into law legislation that
guaranteed rights that so many of our fellow citizens had been denied.
The Act made racial discrimination in public placed illegal and
established standards to thwart the rigged voting system in the South.
It also required employers to provide equal employment opportunities no
matter a person's race. Projects involving federal funds could be
halted if there was evidence of discrimination based on color, race or
national origin. These are things inherent in our society today, but
for much of the 20th century, these protections only existed for white
Americans--not blacks.
Mr. Speaker, were it not for the unshakable faith and fierce
determination of members of the civil rights movement--many who
literally sacrificed their lives--the Civil Rights Act may have taken
many more years to arrive.
Our own colleague, and my good friend, Senior Chief Deputy Whip John
Lewis, was one of the leaders of that civil rights movement. He was
just out of his teens when he was beaten because of his participation
in the Freedom Rides. Yet he was not deterred. At the age of 23, he
joined Dr. King on the steps of the Lincoln Memorial for the March on
Washington, and in the years that followed, he continued the fight for
freedom and human rights, despite more than 40 arrests, physical
attacks and serious injuries.
In the years that followed its passage, the Civil Rights Act opened
doors and created opportunities for black and minority Americans that
were long overdue. With federal protections, blacks could attend any
school or university, be hired for any job, and finally enjoy the
Constitutional freedoms so many of us take for granted.
However, Mr. Speaker, despite much progress, minority Americans still
struggle for equal access and advancement. Right now we face a
struggling economy that is not producing enough jobs, and it has
imposed even greater hardships on minorities. Since March 2000, black
unemployment has soared to nearly 11 percent, almost double that of

[[Page H4808]]

whites. And there is still a glaring wage gap confronting minorities in
the workforce. Black men earned 73.9 percent of what white men earned
in 2002, measured by median full-time wages and salaries. That's barely
up from 73.4 percent a decade ago.
In our health system, minorities still repeatedly receive inferior
care. Last year's Institute of Medicine report found that health care
delivery is very unequal depending on the race or ethnicity of the
patient. That inequality is thought to be a major reason that African-
Americans frequently have worse health outcomes than whites. The black
infant mortality rate in fact remains twice as high as the white rate,
and 20 percent of black Americans lack regular access to health care
compared with less than 16 percent of whites.
Without early and advanced education, individuals face a great
handicap in this world. Yet in our school system today separate and
unequal is still the reality in far too many places. Even in higher
education, there exists a large gap between the percentage of whites
with a college degree and the percentage of blacks.
So Mr. Speaker, today let us acknowledge that the Civil Rights Acts
we passed in Congress was a crucial step forward for our Nation. Our
laws require vigilance so that every citizen has an equal shot at the
American dream. As Dr. Martin Luther King, Jr., said, ``Human progress
is neither automatic nor inevitable . . . Every step toward the goal of
justice requires sacrifice, suffering, and struggle; the tireless
exertions and passionate concern of dedicated individuals.''
Today, we must redouble our commitment to the Civil Rights Act and
the America envisioned by John Lewis and every citizen who fought for
equal rights four decades ago, and continue the effort for justice and
equality. We have not yet reached the Promised Land, but it is up to us
to ensure that America achieves the full measure of its promise.
Mr. PAUL. Mr. Speaker, I rise to explain my objection to H. Res. 676.
I certainly join my colleagues in urging Americans to celebrate the
progress this country has made in race relations. However, contrary to
the claims of the supporters of the Civil Rights Act of 1964 and the
sponsors of H. Res. 676, the Civil Rights Act of 1964 did not improve
race relations or enhance freedom. Instead, the forced integration
dictated by the Civil Rights Act of 1964 increased racial tensions
while diminishing individual liberty.
The Civil Rights Act of 1964 gave the federal government
unprecedented power over the hiring, employee relations, and customer
service practices of every business in the country. The result was a
massive violation of the rights of private property and contract, which
are the bedrocks of free society. The federal government has no
legitimate authority to infringe on the rights of private property
owners to use their property as they please and to form (or not form)
contracts with terms mutually agreeable to all parties. The rights of
all private property owners, even those whose actions decent people
find abhorrent, must be respected if we are to maintain a free society.
This expansion of federal power was based on an erroneous
interpretation of the congressional power to regulate interstate
commerce. The framers of the Constitution intended the interstate
commerce clause to create a free trade zone among the states, not to
give the federal government regulatory power over every business that
has any connection with interstate commerce.
The Civil Rights act of 1964 not only violated the Constitution and
reduced individual liberty; it also failed to achieve its stated goals
of promoting racial harmony and a color-blind society. Federal
bureaucrats and judge's cannot read minds to see if actions are
motivated by racism. Therefore, the only way the federal government
could ensure an employer was not violating the Civil Rights Act of 1964
was to ensure that the racial composition of a business's workforce
matched the racial composition of a bureaucrat or judges defined body
of potential employees. Thus, bureaucrats began forcing employers to
hire by racial quota. Racial quotas have not contributed to racial
harmony or advanced the goal of a color-blind society. Instead, these
quotas encouraged racial balkanization, and fostered racial strife.
Of course, America has made great strides in race relations over the
past forty years. However, this progress is due to changes in public
attitudes and private efforts. Relations between the races have
improved despite, not because of, the 1964 Civil Rights Act.
In conclusion, Mr. Speaker, while I join in sponsors of H. Res. 676
in promoting racial harmony and individual liberty, the fact is the
Civil Rights Act of 1964 did not accomplish these goals. Instead, this
law unconstitutionally expanded federal power, thus reducing liberty.
Furthermore, by prompting race-based quotas, this law undermined
efforts to achieve a color-blind society and increased racial strife.
Therefore, I must oppose H. Res. 676.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hastings of Washington). The question is
on the motion offered by the gentleman from Wisconsin (Mr.
Sensenbrenner) that the House suspend the rules and agree to the
resolution, H. Res. 676.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SCOTT of Virginia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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