quiring any, don't always comply with the makeup of the minority ethnic group that you have there. And that is at the top level, the persons who are implementing directions, if they have come down, are the ones who really don't know the area and the makeup of the people. So you start all over again. Mr. WALDIE. Maybe some of the most productive parts of the hearings will be when we get the agency representatives up here to examine some of their attitudes. We know their performance, which is miserable. Mr. EDWARDS. We are looking forward to giving advance notice to the agency on which you spent so much excellent time and advising them we are going to have them up in 3 or 4 months to tell us about how they are doing. Between now and then, they can scurry around for those few months and make some essential progress. Mr. OLIVAS. I appreciate that, Mr. Chairman. Mr. EDWARDS. We thank you, gentlemen, for really immensely helpful testimony. Our colleague, Mr. Railsback, has asked that his statement be included in the record. Without objection, it will be so entered at this point. STATEMENT BY HON. THOMAS F. RAILSBACK BEFORE THE CIVIL RIGHTS OVERSIGHT SUBCOMMITTEE OF THE HOUSE COMMITTEE ON THE JUDICIARY Mr. Chairman, I commend the Subcommittee for its important oversight hearings on the problems if this country's Spanish-speaking citizens. I know your efforts are deeply appreciated by all Spanish-speaking citizens, and I am particularly grateful for this opportunity to present my own thoughts on Federal employment of the Spanish-speaking. As you and your colleagues are aware, Spanish-speaking Americans are the second largest minority group in the United States. There are now well over ten million such individuals; comprising about 6 percent of our total population. However, Spanish-speaking persons hold only about 2.9 percent of all Federal jobs. Further, the agencies whose very programs are supposed to benefit Spanishspeaking people have generally the lowest percentages of these individuals on their work force. Agriculture, Commerce, Labor, the Department of Health, Education, and Welfare, the Department of Housing and Urban Development, and Interior all average about 1.4 percent Spanish-speaking Americans on their staffs and none of these agencies employ any more than 2.2 percent. In my own State of Illinois, I am aware of the serious shortages of Spanishspeaking persons in Federal positions. Although the City of Chicago alone has approximately 500,000 Spanish-speaking residents, there are less than 800 such individuals employed by the Federal Government in the entire State of Illinois. Of those who are employed by the Government, the majority of them are concentrated in lower-grade categories-primarily grades 1-7. Also, less than one percent of all top Government positions are held by Spanish-speaking persons. It is clear there is a wealth of manpower that we are just not utilizing. In 1970, President Nixon announced a 16-point program to accelerate employment of Spanish-speaking persons in the Federal Government. The statistics have dramatically shown much more must be done to provide employment opportunities for the Spanish-speaking American. I am convinced the statements presented to the Subcommittee will be helpful in the deliberations on what the Government can do to increase its efforts. I know I want to do my part, and am encouraged the Members of the Subcommittee do also. Thank you. This will be the end of this first series of hearings on this particular subject and the subcommittee is adjourned. (Whereupon, at 12:35 p.m., the subcommittee was adjourned.) CORRESPONDENCE AND ADDITIONAL MATERIALS U.S. CIVIL SERVICE COMMISSION, Hon. DON EDWARDS, DEAR MR. EDWARDS: During our testimony before the Subcommittee on March 8, 1972, concerning the Federal employment problems of the Spanishsurnamed, several requests were made for additional information on various aspects of our testimony. These included: an analysis of the legal basis prohibiting preferential hiring of minorities in Federal service, copies of the Commission's evaluation agenda for reviewing agencies' equal employment programs, and copies of some of the affirmative action plans that have been developed by agencies in response to the Sixteen Point Program. The affirmative action plans and Commission evaluation agenda are contained in attachments 1 and 2. The legal analysis on preferential hiring is included below. We are of the opinion that the Commission is barred from preferring persons in hiring on the basis of minority status because, among other things, of the clear language of statutory law which provides that the Commission shall certify persons for appointment on the basis of their ratings on open, competitive, jobrelated examinations. Section 3304 (a) of title 5, U.S. Code, for "open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought." Further, sections 3313 and 3317 of title 5, U.S. Code, require that applicants who have qualified under open, competitive examinations shall be entered on registers (lists of eligibles) in order of their examination ratings (with certain limited exceptions for veterans specifically authorized by Congress under section 3309 of title 5, U.S. Code) and that the Commission will refer the names of eligibles on the registers in the order in which their names appear. ... This clear language prohibits the Commission from giving preference in examinations on the basis of minority status. Words like "open", "competitive", and those requiring that examinations "fairly test relative capacity" require examinations so that all persons can compete for jobs on the basis of their ability to perform them, not on the basis of their race, sex or ethnic origin. Adding to a person's rating on the basis of minority status would allow some persons to compete on a basis other than their ability to perform the job. We do not believe this is permissible under the statutes. In addition to the citations noted above which would bar a preference in appointment on the basis of minority status, notice should be given to Section 7151 of 5 U.S.C. which states the policy of the United States to assure equal employment opportunity for employees without discrimination because of race, color, religion, sex or national origin. This too would bar preferential status on the basis of race, sex or ethnic origin. In addition, Executive Order 11478 provides for a policy of non-discrimination on the basis of race, color, religion, sex or national origin. Further, Section 717 of the Civil Rights Act of 1964, as amended, relating to the Federal Government specifically provides that all personnel actions affecting employees or applicants for employment shall be free from any discrimination based on race, color, religion, sex or national origin. Providing a preference to persons because of their minority status would be a clear violation of this prohibition against discrimination. Sincerely yours, IRVING KATOR, Assistant Executive Director. (171) Guidelines for Commission review and evaluation of equal employment opportunity programs in Federal agencies. 4-6-3 In an attempt to build on and improve earlier EEO efforts, the Commission, early in 1969, began an earnest search for a new direction for achieving equal employment opportunity. The search culminated in a report to the President from the Chairman of the Civil Service Commission which identified four major problems which required urgent program changes. The se major problems were: (1) Too many minority group persons and women were concentrated at the lower grade levels. (2) Despite recruiting efforts, comparatively few minority group (3) There were still many areas in the country where the employ- (4) The system for gathering information on employment had not A result of the Chairman's report was the issuance on August 8, 1969, by President Nixon of Executive Order 11478 and a Memorandum for Heads of Departments and Agencies, Subject: Equal Employment Opportunity. The Executive order put forth a new direction and emphasis for the equal employment opportunity program. The memorandum endorsed the Chairman's report and its recommendations and explained in greater detail some of the requirements of the Executive order. Here is an overview of the new direction and actions required by Executive Order 11478 and the aforementioned memoranda: (1) CSC established a full time equal employment representative (2) A requirement was established that agencies must include in FPM Supp. (Int.) 273-72 Inst. 37 4-6-4 (3) Guidelines were established for developing incentive programs to stimulate and reward managers and others for exceptional performance in achieving equal employment opportunity (FPM Letter 713-14). (4) CSC and agencies are developing new EEO training programs aimed at Federal managers. (5) Agencies were directed in CSC Bulletin 713-12 to develop new dynamic action plans in sufficiently specific detail to carry out the new EEO program directions. These plans were due in early 1970, were reviewed by the Federal EEO Office, and are now in use, with current updating, by agencies. (CSC Bulletin 713-12 now expired) (6) The responsibility for the Federal Women's Program was placed under each director of Equal Employment Opportunity to bring the Federal Women's Program closer to the mainstream of the equal opportunity effort. (7) Agencies were authorized to maintain statistics on minority employment on ADP equipment. This will permit each agency to develop effective systems to keep current on the status of minority employment without resorting to large-scale periodic surveys, the results of which are very quickly outdated. Keeping minority data on ADP equipment is a major tool for problem analysis and for determining necessary action (FPM chapter 713, subchapter 3). Nonautomated agencies are permitted to install manual procedures similar to the automated system described in subchapter 3 (FPM Letter 290-3). (8) New procedures were introduced for handling discrimination com- (9) A new cooperative work study program has been established for the purpose of reaching students in minority group schools and encouraging them to come into the Government, with an opportunity for permanent employment upon graduation. (CSC Operations Letter 330-52, dated June 17, 1970, Subject: Plan to Expand Work-Study Agreements with Traditionally Negro Colleges (expired).) (10) Agencies are being encouraged to increase their efforts in training and employing the disadvantaged. CSC obtained from the Office of Management and Budget approval to lift manpower ceiling restrictions on agencies in connection with employment of the hard-core disadvantaged. This was done to encourage agencies to participate in the Public Service Careers Program (CSC Bulletin 410-52, (expired).) (11) Top priority has been given to upward mobility of employees concentrated in the lower levels. See brochure published by the Civil Service Commission on "Upward Mobility for Lower Level Employees Suggested Goals and Actions." Inst. 37 September 1971 FPM Supp. (Int.) 273-72 4-6-5 C. (12) The Executive order requires each agency head to be (13) The Commission's regulations emphasize that an agency's (14) The Commission's regulations require each agency to have (16) Agencies have been strongly urged to develop programs of orientation and training in personnel administration for newly designated EEO Officers and other EEO program staff persons since effective performance requires a knowledge of the Federal personnel and merit systems (FPM Letter 713-16). (17) Explanation of the Commission's policy on agency use of Background Material It is essential that advisors be well informed on the various aspects of the EEO Program if they are going to do a good evaluation job. Therefore, program information and resource documents are provided at the end of the subchapter. FPM Supp. (Int.) 273-72 Inst. 37 September 1971 |