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DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 1971

TUESDAY, JUNE 9, 1970

U.S. SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS
Washington, D.C.

The subcommittee met at 10:45 a.m., in room S-128, the Capitol, Hon. John L. McClellan (chairman) presiding.

Present: Senators McClellan, Ellender, Mansfield, Smith, Hruska, and Case.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

STATEMENT OF WILLIAM H. BROWN III, CHAIRMAN

ACCOMPANIED BY:

JOSEPH C. FAGAN, EXECUTIVE DIRECTOR

YVETTE D. BUTLER, DIRECTOR OF ADMINISTRATION
MELVIN A. GREENE, BUDGET OFFICER

BUDGET REQUEST AND HOUSE ALLOWANCE

Senator MCCLELLAN. The subcommittee will come to order. This morning we will consider the request of the Equal Employment Opportunity Commission. The total budget request for fiscal 1971 for this agency was $19 million and the House allowed $14,303,000, a reduction of $4,687,000 below the budget estimate and an increase of $1,813,000 over sums appropriated for fiscal 1970, excluding the Pay Act supplemental of $900,000.

APPEAL LETTER

By letter dated May 20, 1970, request was made for full restoration of the House reduction of $4,687,000, and 395 new positions. I will place the appeal letter, supporting justifications and amendments, in the record at this point.

(The letter follows:)

(217)

Dear Chairman McClellan:

The House of Representatives has recommended that the President's FY 1971 request for $19,000,000 for the Equal Employment Opportunity Commission (EEOC) be reduced to $14,313,000. If this recommendation is sustained, this amount would hold this agency to the 1970 staff and funding levels, which is totally inadequate if the Commission is to carry out its responsibilities under the Civil Rights Act of 1964.

We are requesting the restoration of the entire reduction of $4,687,000, because the level of financing which we requested represented absolute minimums required to discharge the responsibilities of the EEOC during the coming fiscal year.

The President's request, if appropriated in full by the Congress, would provide only the additional investigators and conciliators needed to maintain current cases and to reduce approximately one half of the FY 1970 yearend backlog. These are modest goals if the EEOC is to become a meaningful instrument for coping with employment discrimination.

I respectfully urge your Committee to approve the full amount requested
by the President.

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Page 44 line 7 strike out "900,000" and insert "$1,200,000" an increase of $300,000 in the limitation of the total appropriation that may be needed for payments to State and local agencies.

Page 45, line 9 strike out $14,313,000 and insert "$19,000,000", an increase of $4,687,000 in the appropriation.

HOUSE ACTION

The sum of $14,313,000 is provided in the bill for the necessary expenses of the Equal Employment Opportunity Commission. The amount allowed is an increase of $913,000 over the appropriation for the current fiscal year. The full amount of the increase represents only mandatory and built-in requirements, which is totally inadequate.

EFFECTS OF HOUSE ACTION

The House allowance provides an increase of $913,000 over the 1970 appropriation of $13,400,000. This will only cover the full-year cost in FY 1971 of positions financed for part of year in FY 1970.

The major effects of the House action are set forth in the letter accompanying these justifications. Supporting details appear in the following paragraphs.

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The field enforcement program requires an additional 261 positions at a cost of $3,039,000 including supporting expenses. This increase is necessary to handle new incoming complaints and to eliminate approximately one half of the backlog carried over from FY 1970. Because the workload has grown out of proportion to the Commission's ability to process incoming complaints, the enforcement backlog of investigations and conciliations has grown to an intolerable size, and as a result, the Commission will enter FY 1971 with a sizable backlog of investigations and conciliations.

48 Positions

OFFICE OF COMPLAINCE

508,000

This activity requires an additional 48 positions at a cost of $508,000 including supporting expenses. This increase is necessary to enable the Commission to cope with a huge workload of cases requiring review and drafting of decisions and concilation agreements.

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The requested increase provides a new program designed to increase the capabilities by State and local agencies to handle complaints mandatorily deferred to them under Sec. 706 (c) of Title VII.

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Restoration of $359,000 is needed to provide 23 additional attorneys and 7 additional clerical positions and supporting expenses not allowed by the House. The new positions are needed to meet present workload and new workload resulting from stepped-up compliance activities.

Research

The amount requested is a net of $23,000 resulting from an increase of $81,000 which will permit the employment of 8 professionals and 5 clerks, who will make analyses of reports data and related information for use in action programs of the Commission, and a reduction of $58,000 in the maintenance of the reporting system.

Administration

$458,000

43 Positions

An increase of $458,000 is requested for 43 positions and supporting expenses to provide overall administrative support for the other staff and program increases.

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