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103D CONGRESS

2D SESSION H. R. 4999

To amend the United States Commission on Civil Rights Act of 1983.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 19, 1994

Mr. EDWARDS of California introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To amend the United States Commission on Civil Rights

Act of 1983.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Civil Rights Commis5 sion Amendments Act of 1994’’.

6 SEC. 2. AMENDMENT OF 1983 ACT.

7 That the portion of the United States Commission

8 on Civil Rights Act of 1983 which follows the enacting

9 clause is amended to read as follows:
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1 ‘‘SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Civil Rights Commis3 sion Act of 1983’’.

4 ‘‘SEC. 2. ESTABLISHMENT OF COMMISSION.

5 ‘‘(a) GENERALLY.—There is established the United

6 States Commission on Civil Rights (hereinafter in this Act

7 referred to as the ‘‘Commission’’).

8 ‘‘(b) MEMBERSHIP.—The Commission shall be com9 posed of eight members. Not more than four of the mem10 bers shall at any one time be of the same political party.

11 The initial membership of the Commission shall be the

12 members of the United States Commission on Civil Rights

13 as on the day before the date of the enactment of the Civil

14 Rights Commission Amendments Act of 1994. Thereafter

15 vacancies in the membership of the Commission shall con16 tinue to be appointed as follows:

17 ‘‘(1) 4 members of the Commission shall be ap18 pointed by the President.

19 ‘‘(2) 2 members of the Commission shall be ap20 pointed by the President pro tempore of the Senate,

21 upon the recommendations of the majority leader

22 and the minority leader, and of the members ap23 pointed not more than one shall be appointed from

24 the same political party.

25 ‘‘(3) 2 members of the Commission shall be ap26 pointed by the Speaker of the House of Representa-
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1 tives upon the recommendations of the majority

2 leader and the minority leader, and of the members

3 appointed not more than one shall be appointed

4 from the same political party.

5 ‘‘(c) TERMS.—(1) The term of office of each member

6 of the Commission shall be six years and the current stag7 gering of terms shall continue in effect.

8 ‘‘(d) CHAIRPERSON.—(1) Except as provided in para9 graphs (2) and (3), the individuals serving as Chairperson

10 and Vice Chairperson of the United States Commission

11 on Civil Rights on the day before the date of the enact12 ment of the Civil Rights Commission Amendments Act of

13 1994 shall continue in those roles on the Commission.

14 ‘‘(2) Thereafter the President may, with the concur15 rence of a majority of the Commission’s members, des16 ignate a Chairperson or Vice Chairperson, as the case may

17 be, from among the Commission’s members.

18 ‘‘(3) The President shall, with the concurrence of a

19 majority of the Commission’s members, fill a vacancy by

20 designating a Chairperson or Vice Chairperson, as the

21 case may be, from among the Commission’s members.

22 ‘‘(4) The Vice Chairperson shall act in place of the

23 Chairperson in the absence of the Chairperson.
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1 ‘‘(e) REMOVAL OF MEMBERS.—The President may

2 remove a member of the Commission only for neglect of

3 duty or malfeasance in office.

4 ‘‘(f) QUORUM.—5 members of the Commission con5 stitute a quorum of the Commission.

6 ‘‘SEC. 3. DUTIES OF THE COMMISSION.

7 ‘‘(a) GENERALLY.—The Commission shall—

8 ‘‘(1) investigate allegations in writing under

9 oath or affirmation relating to deprivations because

10 of color, race, religion, sex, age, disability, or na11 tional origin, or as a result of any pattern or prac12 tice of fraud, of the right to vote and have votes

13 counted; and

14 ‘‘(2)(A) study and collect information relating

15 to;

16 ‘‘(B) make appraisals of;

17 ‘‘(C) serve as a national clearinghouse for infor18 mation relating to; and

19 ‘‘(D) prepare public service announcements and

20 advertising campaigns to discourage;

21 discrimination or denials of equal protection of the

22 laws because of color, race, religion, sex, age, disabil23 ity, or national origin, or in the administration of

24 justice.

25 ‘‘(b) REPORTS.—
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1 ‘‘(1) ANNUAL REPORT.—The Commission shall

2 submit to the President and Congress at least one

3 annual report that monitors Federal civil rights en4 forcement efforts in the United States.

5 ‘‘(2) OTHER REPORTS GENERALLY.—The Com6 mission shall submit such other reports to the Presi7 dent and the Congress as the Commission, the Con8 gress, or the President shall deem appropriate.

9 ‘‘(c) ADVISORY COMMITTEES.—The Commission may

10 constitute such advisory committees as it deems advisable.

11 The Commission shall establish at least one such commit12 tee in each State and the District of Columbia.

13 ‘‘(d) HEARINGS AND ANCILLARY MATTERS.—

14 ‘‘(1) POWER TO HOLD HEARINGS.—The Com15 mission, or upon its authorization, any subcommittee

16 of two or more members of the Commission, at least

17 one of whom shall be of each major political party,

18 may, for the purpose of carrying out this Act, hold

19 such hearings and act at such times and places as

20 the Commission or such authorized subcommittee

21 deems advisable. Each member of the Commission

22 shall have the power to administer oaths and affir23 mations in connection with the proceedings of the

24 Commission.
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1 ‘‘(2) POWER TO ISSUE SUBPOENAS.—The Com2 mission may issue subpoenas for the attendance of

3 witnesses and the production of written or other

4 matter. Such a subpoena may not require the pres5 ence of a witness more than 100 miles outside the

6 State wherein the witness is found or resides or is

7 domiciled or transacts business, or has appointed an

8 agent for receipt of service of process. In case of

9 contumacy or refusal to obey a subpoena, the Attor10 ney General may in a Federal court of appropriate

11 jurisdiction obtain an appropriate order to enforce

12 the subpoena.

13 ‘‘(3) WITNESS FEES.—A witness attending any

14 proceeding of the Commission shall be paid the same

15 fees and mileage that are paid witnesses in the

16 courts of the United States.

17 ‘‘(4) DEPOSITIONS AND INTERROGATORIES.—

18 The Commission may use depositions and written in19 terrogatories to obtain information and testimony

20 about matters that are the subject of a Commission

21 hearing or report.

22 ‘‘(e) LIMITATION RELATING TO ABORTION.—Noth23 ing in this or any other Act shall be construed as authoriz24 ing the Commission, its advisory committees, or any other

25 person under its supervision or control to study and col-
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1 lect, make appraisals of, or serve as a clearinghouse for

2 any information about laws and policies of the Federal

3 Government or any other governmental authority in the

4 United States, with respect to abortion.

5 ‘‘SEC. 4. ADMINISTRATIVE PROVISIONS.

6 ‘‘(a) STAFF.—The President shall, with the concur7 rence of a majority of the members of the Commission,

8 appoint a full time staff director for the Commission. If

9 the office of staff director becomes vacant, the Chair10 person of the Commission may appoint an acting Director

11 for a period not to exceed one year. The staff director

12 shall—

13 ‘‘(1) serve as the administrative head of the

14 Commission; and

15 ‘‘(2) within the limitations of appropriations—

16 ‘‘(A) appoint such other personnel as the

17 staff director deems advisable, under the civil

18 service and classification laws; and

19 ‘‘(B) procure services, if the staff director

20 determines it is necessary to do so, as author21 ized in section 3109 of title 5, United States

22 Code, but at rates for individuals not in excess

23 of the daily equivalent paid for positions at the

24 maximum rate for GS–15 of the General Sched-
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1 ule under section 5332 of title 5, United States

2 Code.

3 ‘‘(b) COMPENSATION OF MEMBERS.—

4 ‘‘(1) GENERALLY.—Each member of the Com5 mission who is not otherwise in the service of the

6 Government of the United States shall receive a sum

7 equivalent to the compensation paid at level IV of

8 the Executive Schedule under section 5315 of title

9 5, United States Code, prorated on an daily basis

10 for time spent in the work of the Commission.

11 ‘‘(2) PERSONS OTHERWISE IN GOVERNMENT

12 SERVICE.—Each member of the Commission who is

13 otherwise in the service of the Government of the

14 United States shall serve without compensation in

15 addition to that received for such other service, but

16 while engaged in the work of the Commission shall

17 be paid actual travel expenses and per diem in lieu

18 of subsistence expenses when away from such mem19 ber’s usual place of residence, under subchapter I of

20 chapter 57 of title 5, United States Code.

21 ‘‘(c) VOLUNTARY OR UNCOMPENSATED PERSON22 NEL.—The Commission shall not accept or use the serv23 ices of voluntary or uncompensated persons. This limita24 tion shall apply with respect to services of members of the
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1 Commission as it does with respect to services by other

2 persons.

3 ‘‘(d) RULES FOR PROCEEDINGS.—The Commission

4 may make rules, consistent with this Act and other law,

5 governing its proceedings. Except as inconsistent with this

6 Act, and until modified by the Commission, the rules of

7 the Commission on Civil Rights established by this Act

8 as in effect on December 31, 1993 shall govern the Com9 mission’s proceedings.

10 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated, to carry

12 out this Act $9,500,000 for fiscal year 1995. None of the

13 sums authorized to be appropriated for fiscal year 1995

14 may be used to create additional regional offices.

15 ‘‘SEC. 6. TERMINATION.

16 ‘‘This Act shall terminate on September 30, 1995.’’

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