- REN REMAINED AN UNREALIZED GOAL...EQUAL EDUCATIONAL OPPORTUNITY CAN ONLY BECOME A REALITY IF ALL THREE FEDERAL BRANCHES -- THE COURTS, THE CONGRESS, AND THE EXECUTIVE WORK IN CONCERT WITH STATE AND LUCAL GOVERNMENTS AND COMMUNITY LEADERS THROUGHOUT THE NATION TOWARDS THIS GOAL. THE DEPARTMENT OF EDUCATION, CREATED BY A LAW SIGNED ON OCTOBER 17, 1979, WILL BE RESPONSIBLE FOR THE MAJORITY OF THE FEDERAL EDUCATIONAL PROGRAMS AND ACTIVITIES THAT PREVIOUSLY WERE PART OF THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE (HEW) AND OTHER GOVERNMENT AGENCIES. THE NEW DEPARTMENT OF HEALTH AND HUMAN RESOURCES WILL ASSUME RESPONSIBILITY FOR THE OTHER SECTIONS OF HEW. THE DIRECTOR OF THE OFFICE FOR CIVIL RIGHTS (OCR) WILL HAVE THE AUTHORITY TO ENFORCE ALL CIVIL RIGHTS LAWS IN ALL PROGRAMS ADMINISTERED BY THE DEPARTMENT OF EDUCATION. UNDER THE DEPARTMENT OF EDUCATION ORGANIZATION ACT, THE DIRECTOR OF OCR WILL BE AN ASSISTANT SECRETARY FOR CIVIL RIGHTS. THE INCREASED STATUS OF THE DIRECTOR CAN INCREASE OCR'S EFFECTIVENESS WITHIN AND WITHOUT THE DEPARTMENT. THE ACT ALSO REQUIRES THE DIRECTOR OF OCR TO PREPARE AND TRANSMIT AN ANNUAL REPORT TO CONGRESS SUMMARIZING ENFORCEMENT ACTIVITIES AND IDENTIFYING REMAINING NONCOMPLIANCE PROBLEMS. ACCCORDING TO THE U.S. COMMISSION ON CIVIL RIGHTS, THIS REPORT SHOULD HELP "INFORM CONGRESS OF NEEDED LEGISLATION AND OF ADDITIONAL EFFORTS THAT CAN UNDERGIRD "2 THE DEPARTMENT'S CIVIL RIGHTS ENFORCEMENT ACTIVITIES. EMPLOYMENT IN KEEPING WITH THE RECOMMENDATIONS OF THE COMMISSION IN THE AREA OF EMPLOYMENT, THE DEPARTMENT OF LABOR HAS UNDERTAKEN EFFORTS TO IMPROVE EMPLOYMENT OPPORTUNITIES FOR YOUTH. FOLLOWING A REVIEW AND ANALYSIS OF THE PROBLEM, UNDERTAKEN BY A TASK FORCE LED BY VICE PRESIDENT MONDALE, PRESIDENT CARTER HAS PROPOSED TO CONGRESS JOINT EDUCATION AND EMPLOYMENT LEGISLATION TO ASSIST 14 TO 21-YEAR-OLDS. THE LEGISLATION, WHICH IS INTENDED ΤΟ REPLACE THE EXPIRING YOUTH EMPLOYMENT AND DEMONSTRATION PROJECT ACT (YEDPA), EMPHASIZES MEASURES TO IMPROVE EMPLOYMENT AMONG DISADVANTAGED YOUTH BY INCREASING BASIC LITERACY AND WORKING SKILLS. THE PROPOSAL, NOW UNDER CONSIDERATION IN CONGRESS, AIMS TO CONTINUE THE MOST PROMISING ASPECTS OF THE YEDPA PROGRAM AND ADDS NEW DIMENSIONS WHICH HAVE BEEN DEVELOPED DURING THE YEARS OF EXPERIMENTATION UNDER YEDPA. IN APRIL 1979, THE 1978 AMENDMENTS TO THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CETA) BECAME EFFECTIVE. ONE OF THE AMENDMENTS PROVIDED FOR THE ADDITION OF DISPLACED HOMEMAKERS TO CETA'S MANDATES. THE DEPARTMENT OF LABOR DEFINES A DISPLACED HOMEMAKER AS AN INDIVIDUAL WHO HAS NOT WORKED IN THE LABOR FORCE FOR A NUMBER OF YEARS, BUT HAS WORKED IN THE HOME BY PROVIDING UNPAID SERVICES FOR FAMILY MEMBERS. THE DEPARTMENT OF LABOR STATES THAT THE DISPLACED HOMEMAKER ALSO IS SOMEONE WHO HAS BEEN DEPENDENT ON PUBLIC ASSISTANCE OR ON THE INCOME OF ANOTHER FAMILY MEMBER BUT IS NO LONGER SUPPORTED BY THAT INCOME. CONGRESS APPROPRIATED $5 MILLION IN 1979 FOR TRAINING AND EMPLOYMENT SERVICES TO PERSONS QUALIFYING UNDER THIS CATEGORY. PRIORITY WILL BE GIVEN TO THOSE WITH SPECIAL NEEDS, PARTICULARLY APPLICANTS WHO ARE OVER 40-YEARS-OLD, MINORITIES AND RURAL RESIDENTS. SPECIFIC ACTIVITIES WILL INCLUDE VOCATIONAL AND ON-THE-JOB TRAINING, JOB REFERRAL AND PLACEMENT, AND SOCIAL SERVICES SUCH AS LEGAL AND FINANCIAL COUNSELING, CHILD CARE AND HEALTH AND MEDICAL CARE. DURING THE PAST YEAR, THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE (HEW) HAS TAKEN SEVERAL STEPS TO FURTHER EMPLOYMENT OPPORTUNITIES FOR YOUTH, BLACKS, NATIVE AMERICANS, HISPANICS AND WOMEN. HEW'S CIVIL RIGHTS DIVISION HAS ADOPTED A MEMORANDUM OF UNDERSTANDING WITH OTHER AGENCIES WITHIN THE DEPARTMENT TO ENSURE THAT THE NUMBER OF QUALIFIED WOMEN, MINORITY AND HANDICAPPED APPLICANTS IS INCREASED AT ALL LEVELS. A SPECIAL INITIATIVE HAS BEEN LAUNCHED TO PROVIDE TRAINING FOR WOMEN AND OTHER MINORITIES AT LOWER GRADE LEVELS. ANOTHER AGENCY WHICH HAS ENDEAVORED TO IMPROVE MINORITY EMPLOYMENT IS THE NATIONAL ENDOWMENT FOR THE HUMANITIES. IN ITS BUDGET SUBMISSION FOR FY 1981, THE ENDOWMENT REPORTED THAT 37 PERCENT OF THE PROFESSIONAL AND MANAGEMENT STAFF AT UPPER GRADES ARE WOMEN. BLACKS, HISPANICS AND ASIAN-AMERICANS COMPRISE 27 PERCENT OF THE OVERALL STAFF OF THE ENDOWMENT. MINORITIES CONSTITUTE 14 PERCENT OF THE OVERALL STAFF AT UPPER GRADES. IN THE AREA OF OCCUPATIONAL SAFETY AND HEALTH, THE DEPARTMENT OF LABOR RECENTLY HAS MADE EFFORTS TO REDUCE THE DANGER OF EXPOSURE TO TOXIC SUBSTANCES IN MANY INDUSTRIES. STANDARDS COVERING HUNDREDS OF POTENTIALLY TOXIC SUBSTANCES HAVE BEEN PROMULGATED, WHILE EXISTING STANDARDS ARE BEING MODIFIED FOR ASBESTOS, CHROMIUM, PESTICIDES, NICKEL, BERYLLIUM AND RADIO FREQUENCY RADIATION. A NEW, STRICTER POLICY CONCERNING CARCINOGENIC SUBSTANCES IN THE WORKPLACE WAS PROMULGATED ON JANUARY 22, 1980, AND CURRENTLY IS BEING CONSIDERED IN THE COURTS BEFORE IT CAN BE ENACTED. ACCORDING TO THE 1980 REPORT BY THE U.S. COMMISSION ON CIVIL RIGHTS, SIGNIFICANT DISPARITIES IN UNEMPLOYMENT RATES OF MINORITIES AND WOMEN COMPARED WITH WHITE MALES CONTINUED TO PRE- THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) ISSUED NEW GUIDELINES ON AFFIRMATIVE ACTION AND PROPOSED GUIDELINES ON RELIGIOUS DISCRIMINATIONS IN EMPLOYMENT. A KEY FEATURE OF THE FEBRUARY 20, 1979, EEOC'S GUIDELINES ON AFFIRMATIVE ACTION IS THAT AN EMPLOYER DOES NOT HAVE TO ADMIT POTENTIALLY EMBARRASSING PRIOR ACTS OF DISCRIMINATION, BUT MAY TAKE ACTION BASED ON "HISTORICAL DISCRIMINATION" NOT WITHIN THE EMPLOYER'S CONTROL. A POSITIVE DEVELOPMENT FOR FUTURE EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN WAS THE ADOPTION OF THE GARCIA AMENDMENT TO THE CIVIL SERVICE REFORM ACT OF 1978, WHICH BECAME EFFECTIVE ON JANUARY 11, 1979. THIS AMENDMENT REQUIRES IMMEDIATE DEVELOPMENT OF A "CONTINUING RECRUITMENT" PROGRAM DESIGNED TO ELIMINATE UNDER-REPRESENTATION IN THE FEDERAL GOVERNMENT. ON JULY 17, 1979, THE OFFICE OF PERSONNEL MANAGEMENT ANNOUNCED THE CREATION OF THE FEDERAL EQUAL OPPORTUNITY RECRUITMENT PROGRAM AND ISSUED DRAFT GUIDELINES PROVIDING ASSISTANCE TO OTHER FEDERAL AGENCIES IN THEIR EFFORTS TO COMPLY WITH THE LAW. THE GARCIA AMENDMENT REQUIRES EACH FEDERAL AGENCY TO DEVELOP ITS OWN RECRUITMENT PROGRAM BASED ON THE UNDER-REPRESENTATION OF MINORITIES AND WOMEN IN ITS OWN WORK FORCE AS COMPARED WITH THE LEVELS OF MINORITIES AND WOMEN IN THE NATIONAL CIVILIAN LABOR FORCE AS A WHOLE. HOUSING OVER THE PAST YEAR, INFLATION AND RISING INTEREST RATES HAVE MADE IT MORE DIFFICULT FOR THE AVERAGE AMERICAN TO FIND AFFORDABLE AND ADEQUATE HOUSING. ACCORDING TO THE U.S. COMMISSION ON CIVIL RIGHTS: "EVERY FINANCIAL FIGURE ASSOCIATED WITH HOUSING HAS ESCALATED SHARPLY IN RECENT YEARS. "4 ONE POSITIVE NOTE IS THE RECENT DECLINE IN HOME MORTGAGE RATES WHICH SHOULD RESULT IN AN EASING IN THE HOUSING MARKET. IN ADDITION TO THE SKY-ROCKETING COSTS OF HOMEOWNERSHIP, A NEW PROBLEM HAS EMERGED--A SHORTAGE OF AFFORDABLE RENTAL HOUSING. VERY FEW MODERATELY PRICED MULTIFAMILY RENTAL UNITS ARE BEING BUILT; MANY OF THOSE THAT DO EXIST ARE BEING CONVERTED TO CONDOMINIUMS OR ABANDONED, OR SIMPLY DO NOT HAVE ANY VACANCIES. THE U.S. GENERAL ACCOUNTING OFFICE (GAO) CLAIMS THAT THE 5 CURRENT VACANCY RATE IN RENTAL HOUSING IS THE LOWEST ON RECORD. EQUALLY DISTRESSING IS THE FACT THAT MANY RENTERS ARE FORCED TO PAY EXCESSIVELY LARGE PROPORTIONS OF THEIR INCOMES FOR RENT, A HARDSHIP THAT IS ESPECIALLY ONEROUS FOR THE LOW AND MODERATE INCOME FAMILIES THAT COMPRISE THE BULK OF THE 26 MILLION RENTING HOUSEHOLDS IN THE UNITED STATES. SINCE PRIVATE FIRMS ARE RELUCTANT TO FINANCE UNPROFITABLE RENTAL HOUSING, THE FEDERAL GOVERNMENT--IN PARTICULAR, THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)--HAS SHOULDERED THE BURDEN. FORMER SECRETARY OF HUD PATRICIA HARRIS ESTIMATED THAT IN 1980, OVER 75 PERCENT OF ALL CONSTRUCTION STARTS OF MULTIFAMILY RENTAL UNITS WILL BE FEDERALLY SUBSIDIZED OR INSURED. IN ONE ATTEMPT TO REDRESS AN APPARENT TREND TOWARD THE FEDERAL GOVERNMENT'S DOMINATION OF THE RENTAL HOUSING MARKET, A HUD INTERDEPARTMENTAL WORKING GROUP COMPLETED IN JULY 1979 A STUDY OF NEW WAYS TO ASSIST PRIVATE CONSTRUCTION COMPANIES IN BUILDING RENTAL HOUSING. THE WORKING GROUP'S RECOMMENDATIONS ARE TO BE INCLUDED IN THE 1981 HUD BUDGET PROCESS. HUD's 1980 BUDGET, AS APPROVED BY CONGRESS, AUTHORIZES AT LEAST ONE NOTABLE CHANGE IN THE OPERATION OF AN EXISTING HOUSING PROGRAM. PARTICIPANTS IN THE SECTION 8 PROGRAM WHO MOVE IN AFTER JANUARY 1, 1980, MAY NOW BE REQUIRED TO PAY UP TO 30 PERCENT OF THEIR INCOMES FOR RENT, UP FROM 25 PERCENT. THIS INCREASE WILL NOT APPLY TO TENANTS IN THE LOWEST INCOME BRACKETS. IN APRIL 1979, A MAJOR HUD STUDY OF DISCRIMINATION IN HOUSING CONCLUDED THAT THERE IS "DEFINITIVE EVIDENCE THAT BLACKS ARE DISCRIMINATED AGAINST IN THE HOUSING MARKET." HUD'S FINDINGS SERVED TO CORROBORATE THE CIVIL RIGHTS COMMISSION'S CONTENTION THAT GOVERNMENTAL AND JUDICIAL EFFORTS TO ERASE DISCRIMINATION IN HOUSING HAVE NOT BEEN ADEQUATE. THE CIVIL RIGHTS COMMISSION'S SPECIFIC CRITICISMS OF THE FEDERAL GOVERNMENT'S FAIR HOUSING PROGRAMS WERE OUTLINED IN THE CSCE COMMISSION'S DOMESTIC COMPLIANCE REPORT. AN AMENDMENT TO THE 1968 FAIR HOUSING ACT THAT INCORPORATES MANY OF THE IMPROVEMENTS SUGGESTED BY THE CIVIL RIGHTS COMMISSION HAS BEEN PASSED BY THE HOUSE OF REPRESENTATIVES. IN GENERAL, THE BILL BROADENS HUD'S POWER TO TAKE ACTION AGAINST ILLEGAL DISCRIMINATORY CONDUCT. AS THE CIVIL RIGHTS COMMISSION OBSERVES, THE FAIR HOUSING AMENDMENTS ACT OF 1979 "OFFER(S) AN IMPORTANT OPPORTUNITY...TO PROVIDE THE BASIS FOR EFFECTIVE, CONCERTED EFFORTS TO HALT DISCRIMINATION IN THE SALE AND RENTAL OF 9 HOUSING AND IN THE MORTGAGING AND INSURING OF PROPERTIES. DURING 1979, THE FEDERAL AGENCIES SINGLED OUT FOR CRITICISM BY THE CIVIL RIGHTS COMMISSION TOOK SEVERAL ALBEIT MODEST -- STEPS TO EXPAND THEIR ENFORCEMENT MACHINERY. FOR EXAMPLE, THE DEPARTMENT OF JUSTICE PLEDGED "TO MAKE A GREATER EFFORT" TO BRING TO COURT THE MOST SIGNIFICANT HOUSING DISCRIM10 INATION CASES.' THREE OUT OF THE FOUR FEDERAL FINANCIAL REGULATORY AGENCIES ISSUED NEW OR AMENDED FAIR LENDING REGULATIONS, AND BOTH THE COMPTROLLER OF THE CURRENCY AND THE FEDERAL DEPOSIT INSURANCE CORPORATION HAVE BEGUN TO ORGANIZE CIVIL RIGHTS STAFFS. IT IS OBVIOUS THAT RECENT ECONOMIC TRENDS, COMBINED WITH THE CORRESPONDING DRIVE TO CUT THE FEDERAL BUDGET, WILL COMPLICATE EFFORTS TO PROVIDE DECENT AND AFFORDABLE HOUSING FOR THE DISADVANTAGED. NONETHELESS, THE GOVERNMENT IS STILL COMMITTED TO SATISFYING THE NATION'S HOUSING NEEDS. MOREOVER, IT IS IMPORTANT TO NOTE THE RECENT ADVANCES THAT HAVE BEEN MADE IN COMBATTING RACIAL DISCRIMINATION IN THE U.S. HOUSING MARKET. THE CSCE COMMISSION URGES ALL FEDERAL AGENCIES INVOLVED TO REDOUBLE THEIR EFFORTS TO END DISCRIMINATION AGAINST MINORITIES IN HOUSING. AND, THE COMMISSION SUPPORTS THE PASSAGE OF THE FAIR HOUSING AMENDMENTS ACT, IN THE BELIEF THAT THE BILL WILL GO A LONG WAY IN INSURING ALL U.S. CITIZENS EQUAL HOUSING OPPORTUNITY. AMERICAN INDIANS IN THE NOVEMBER 1979 REPORT, THE COMMISSION RECOMMENDED THAT FEDERAL DEPARTMENTS AND AGENCIES CONTINUE TO SEEK WAYS TO GIVE INDIANS A MEANINGFUL ROLE IN FORMULATING FEDERAL POLICY AND DEVELOPING PROGRAMS WHICH AFFECT THEIR VITAL INTERESTS. PREVIOUSLY, THERE HAD BEEN NO SYSTEMATIC AND ON-GOING CHANNEL OF COMMUNICATION BETWEEN THE U.S. GOVERNMENT AND THE TRIBES, ALTHOUGH CONSULTATION HAD BEEN CARRIED OUT ON AN "AD HOC" BASIS. A RECENT EFFORT TO IMPROVE COMMUNICATION AND ENCOURAGE CONSULTATION BETWEEN THE FEDERAL GOVERNMENT AND TRIBAL GOVERNMENTS HAS |