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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 112 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
H. CON. RES. 112

Establishing the Commission on Addressing Racism and Ensuring Diversity 
 in the United States Government to study and make recommendations on 
 the elimination of systemic racism and the promotion of diversity in 
            the Federal Government, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 21, 2020

   Mr. Rush submitted the following concurrent resolution; which was 
           referred to the Committee on Oversight and Reform

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Establishing the Commission on Addressing Racism and Ensuring Diversity 
 in the United States Government to study and make recommendations on 
 the elimination of systemic racism and the promotion of diversity in 
            the Federal Government, and for other purposes.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. SHORT TITLE.

    This concurrent resolution may be cited as the ``Abolish the Last 
Great Plantation in America Resolution''.

SEC. 2. ESTABLISHMENT.

    There is established in the legislative branch the Commission on 
Addressing Racism and Ensuring Diversity in the United States 
Government (hereafter referred to as the ``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 20 
members appointed as follows not later than 90 days after the date of 
the adoption of this resolution:
            (1) Five members appointed by the Speaker of the House of 
        Representatives.
            (2) Five members appointed by the minority leader of the 
        House of Representatives.
            (3) Five members appointed by the majority leader of the 
        Senate.
            (4) FIve members appointed by the minority leader of the 
        Senate.
    (b) Qualifications.--Each member of the Commission shall have 
expertise in the areas of racial justice, equal opportunity, and 
diversity and employment law.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (d) Chair; Vice Chair.--The members of the Commission shall elect a 
Chair and Vice Chair from the membership.
    (e) Compensation of Members.--
            (1) Rate of pay.--A member of the Commission shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed reasonable travel expenses, including per diem in lieu 
        of subsistence, at rates for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, 
        while away from the member's home or regular place of business 
        in the performance of services for the Commission.

SEC. 4. PERSONNEL.

    (a) Chief of Staff.--
            (1) Appointment.--Not later than 45 days after the initial 
        meeting of the Commission, the Commission shall appoint one 
        individual, without regard to political affiliation, as Chief 
        of Staff of the Commission.
            (2) Requirements.--The individual appointed as Chief of 
        Staff--
                    (A) shall be a private citizen of the United States 
                of integrity and impartiality who is a distinguished 
                professional; and
                    (B) may not be a present employee of the Federal 
                Government.
            (3) Candidate to have clearances.--A candidate for Chief of 
        Staff shall be granted the necessary security clearances in an 
        accelerated manner subject to the standard procedures for 
        granting such clearances.
            (4) Approval contingent on prior clearance.--A candidate 
        for Chief of Staff shall qualify for the necessary security 
        clearance prior to appointment by the Commission.
            (5) Duties.--The Chief of Staff shall--
                    (A) serve as principal liaison to Government 
                offices; and
                    (B) be responsible for the administration of all 
                official activities conducted by the Commission.
            (6) Removal.--The Chief of Staff shall not be removed for 
        reasons other than by a majority vote of the Commission for 
        cause on the grounds of inefficiency, neglect of duty, 
        malfeasance in office, physical disability, mental incapacity, 
        or any other condition that substantially impairs the 
        performance of the responsibilities of the Chief of Staff or 
        the staff of the Commission.
    (b) Staff.--
            (1) Additional personnel.--In consultation with the members 
        of the Commission, the Chief of Staff may appoint and fix the 
        pay of such additional personnel as are necessary to enable the 
        Commission to perform its duties. Such personnel may be 
        appointed without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and (subject to subsection (c) may be paid without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of that title relating to classification and General Schedule 
        pay rates.
            (2) Requirements.--A person appointed to the staff of the 
        Commission--
                    (A) shall be a private citizen of integrity and 
                impartiality; and
                    (B) may not be an employee of the Federal 
                Government.
            (3) Security clearances.--A candidate for a position on the 
        staff of the Commission shall qualify for the necessary 
        security clearance prior to appointment.
    (c) Compensation.--The Commission shall fix the compensation of the 
Chief of Staff and other personnel in accordance with title 5, United 
States Code, except that the rate of pay for the Chief of Staff and 
other personnel may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of that title.
    (d) Advisory Committees.--The Commission shall have the authority 
to create advisory committees to assist in fulfilling the 
responsibilities of the Commission under this Act.
    (e) Application of Congressional Accountability Act of 1995.--For 
purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 
et seq.)--
            (1) the Commission shall be considered an employing office; 
        and
            (2) the employees of the Commission shall be considered 
        covered employees.

SEC. 5. DUTIES.

    (a) Study.--The Commission shall conduct a study on the presence of 
system racism and the lack of diversity in the Federal Government, and 
on steps the Federal Government may take to eliminate racism and 
promote diversity in the government.
    (b) Reports.--
            (1) Final report.--Not later than 1 year after the 
        appointment of all of its members, the Commission shall submit 
        to Congress a final report on the study conducted under 
        subsection (a), and shall include in the report such 
        recommendations as the Commission considers appropriate.
            (2) Interim reports.--In addition to the final report under 
        paragraph (1), the Commission may submit to Congress such 
        interim reports as it considers appropriate.
            (3) Minority reports.--The Commission may include in any 
        report submitted under this subsection a report containing 
        minority views.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairperson of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Architect of the Capitol shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.

SEC. 7. TERMINATION.

    The Commission shall terminate 90 days after submitting its final 
report under section 5(b)(1).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary for fiscal year 2021, of which--
            (1) 50 percent shall be derived from the applicable 
        accounts of the House of Representatives; and
            (2) 50 percent shall be derived from the contingent fund of 
        the Senate.
                                 <all>
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