I

104TH CONGRESS

1ST SESSION H. R. 190

To strengthen the authority of the Equal Employment Opportunity

Commission to enforce nondiscrimination policies in Federal employment.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on Economic and Educational Opportunities and, in addition, to the Committee on Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To strengthen the authority of the Equal Employment Opportunity Commission to enforce nondiscrimination policies in Federal employment.

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 ‘‘Equal Employment

5 Opportunity Commission Amendments of 1995’’.
2

•HR 190 IH

1 SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE

2 EQUAL EMPLOYMENT OPPORTUNITY COM3 MISSION.

4 Section 717 of the Civil Rights Act of 1964 (42

5 U.S.C. 2000e–16) is amended by adding at the end there6 of the following:

7 ‘‘(f)(1) If any agency, department, or unit referred

8 to in subsection (a) fails to submit the plan required under

9 subsection (b) by the time established by the Commission,

10 the Commission may request the head of such agency, de11 partment, or unit (or the designated representative of such

12 individual) to appear before the Commission to explain the

13 reasons for the failure to submit the plan and to present

14 any objections to any requirement of the Commission with

15 respect to such plan.

16 ‘‘(2) If, after the head of any agency, department,

17 or unit described in paragraph (1) has been given an op18 portunity for hearing by the Commission pursuant to such

19 paragraph, such agency, department, or unit has not sub20 mitted the plan required under subsection (b), the Com21 mission shall order such agency, department, or unit or

22 any officer or employee of such agency, department, or

23 unit to submit the plan before the end of such period as

24 the Commission determines to be reasonable. The Com25 mission shall enforce compliance with such order.
3

•HR 190 IH

1 ‘‘(3)(A) In enforcing compliance with any order

2 under paragraph (2), the Commission may initiate a pro3 ceeding to determine—

4 ‘‘(i) who is the officer or employee of the

5 United States responsible for the failure of the agen6 cy, department, or unit to comply with such order

7 and the circumstances surrounding the failure to

8 comply, and

9 ‘‘(ii) whether any disciplinary action is war10 ranted against such officer or employee for such fail11 ure to comply.

12 The Commission, after investigation and consideration of

13 the evidence submitted, shall submit its findings and rec14 ommendations to the administrative head of the agency,

15 department, or unit in which such officer or employee is

16 employed and shall send copies of the findings to the offi17 cer or employee or his representative. The administrative

18 head of the agency, department, or unit in which such offi19 cer or employee is employed shall take any action rec20 ommended by the Commission.

21 ‘‘(B) In enforcing compliance with any order under

22 paragraph (2), the Commission may issue an order that—

23 ‘‘(i) any officer or employee of the agency, de24 partment, or unit charged with complying with the

25 order under paragraph (2), or
4

•HR 190 IH

1 ‘‘(ii) any officer or employee of the United

2 States determined under subparagraph (A) to be re3 sponsible for the failure of the agency, department,

4 or unit to comply with the order under paragraph

5 (2),

6 who is not an officer or employee appointed by the Presi7 dent by and with the advice and consent of the Senate,

8 shall not be entitled to receive payment for service as an

9 officer or employee for the period during which the order

10 under paragraph (2) has not been complied with. The

11 Commission shall certify to the Comptroller General of the

12 United States that an order under this paragraph has

13 been issued and no payment shall be made out of the

14 Treasury of the United States for any service specified in

15 such order.

16 ‘‘(C) In enforcing compliance with any order under

17 paragraph (2) with respect to any officer or employee de18 scribed in clause (i) or (ii) of subparagraph (B) who is

19 an officer or employee appointed by the President by and

20 with the advice and consent of the Senate, the Commission

21 may notify the President that such officer or employee has

22 failed to obey a lawfully issued order of the Commission.

23 ‘‘(g)(1) The authority of the Commission under sec24 tion 710 to summon witnesses and compel the production

25 of evidence includes the authority to subpoena any officer
5

•HR 190 IH

1 or employee of the United States who has custody of any

2 information which the Commission determines to be nec3 essary or appropriate to enable it to carry out any duty

4 imposed under this section and to compel the production

5 of such evidence by such officer or employee.

6 ‘‘(2) The authority of the Commission under section

7 710 to apply for the aid of a district court of the United

8 States to summon witnesses and compel the production

9 of evidence includes the authority to seek such aid to sum10 mon officers or employees of the United States as wit11 nesses and to compel the production of evidence referred

12 to in paragraph (1).

13 ‘‘(3) For purposes of any civil action relating to any

14 subpoena issued by the Commission to summon a witness

15 or compel the production of any evidence referred to in

16 paragraph (1), the limitation contained in section

17 705(b)(2) shall not apply.’’.

18 SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH

19 RESPECT TO CONTENT OF AFFIRMATIVE AC20 TION PLANS.

21 (a) EMPLOYMENT GOALS.—Section 717(b) is amend22 ed by inserting before the last sentence the following:

23 ‘‘Such plan shall also include the numerical employment

24 goals established by such agency, department, or unit

25 under section 7201(d) of title 5, United States Code.’’.
6

•HR 190 IH

1 (b) CONFORMING AMENDMENT.—Section 7201(d)(1)

2 of title 5, United States Code, is amended by striking ‘‘;

3 and’’ at the end thereof and inserting the following:

4 ‘‘which shall include the requirement that each Executive

5 agency shall establish numerical employment goals for the

6 purpose of measuring the progress of such agency toward

7 achieving the requirements of this section and section

8 717(a) of the Civil Rights Act of 1964;’’.

Æ