IV 

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. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. SHORT TITLE. 

4 This concurrent resolution may be cited as the ‘‘Abol5 ish the Last Great Plantation in America Resolution’’. 

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1 SEC. 2. ESTABLISHMENT. 

2 There is established in the legislative branch the 

3 Commission on Addressing Racism and Ensuring Diver4 sity in the United States Government (hereafter referred 

5 to as the ‘‘Commission’’). 

6 SEC. 3. MEMBERSHIP. 

7 (a) NUMBER AND APPOINTMENT.—The Commission 

8 shall be composed of 20 members appointed as follows not 

9 later than 90 days after the date of the adoption of this 

10 resolution: 

11 (1) Five members appointed by the Speaker of 

12 the House of Representatives. 

13 (2) Five members appointed by the minority 

14 leader of the House of Representatives. 

15 (3) Five members appointed by the majority 

16 leader of the Senate. 

17 (4) FIve members appointed by the minority 

18 leader of the Senate. 

19 (b) QUALIFICATIONS.—Each member of the Commis20 sion shall have expertise in the areas of racial justice, 

21 equal opportunity, and diversity and employment law. 

22 (c) VACANCIES.—A vacancy in the Commission shall 

23 be filled in the manner in which the original appointment 

24 was made. 

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1 (d) CHAIR; VICE CHAIR.—The members of the Com2 mission shall elect a Chair and Vice Chair from the mem3 bership. 

4 (e) COMPENSATION OF MEMBERS.— 

5 (1) RATE OF PAY.—A member of the Commis6 sion shall be compensated at a rate equal to the 

7 daily equivalent of the annual rate of basic pay pre8 scribed for level IV of the Executive Schedule under 

9 section 5315 of title 5, United States Code, for each 

10 day (including travel time) during which the member 

11 is engaged in the performance of the duties of the 

12 Commission. 

13 (2) TRAVEL EXPENSES.—A member of the 

14 Commission shall be allowed reasonable travel ex15 penses, including per diem in lieu of subsistence, at 

16 rates for employees of agencies under subchapter I 

17 of chapter 57 of title 5, United States Code, while 

18 away from the member’s home or regular place of 

19 business in the performance of services for the Com20 mission. 

21 SEC. 4. PERSONNEL. 

22 (a) CHIEF OF STAFF.— 

23 (1) APPOINTMENT.—Not later than 45 days 

24 after the initial meeting of the Commission, the 

25 Commission shall appoint one individual, without reVerDate Sep 11 2014 00:37 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC112.IH HC112
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1 gard to political affiliation, as Chief of Staff of the 

2 Commission. 

3 (2) REQUIREMENTS.—The individual appointed 

4 as Chief of Staff— 

5 (A) shall be a private citizen of the United 

6 States of integrity and impartiality who is a 

7 distinguished professional; and 

8 (B) may not be a present employee of the 

9 Federal Government. 

10 (3) CANDIDATE TO HAVE CLEARANCES.—A 

11 candidate for Chief of Staff shall be granted the nec12 essary security clearances in an accelerated manner 

13 subject to the standard procedures for granting such 

14 clearances. 

15 (4) APPROVAL CONTINGENT ON PRIOR CLEAR16 ANCE.—A candidate for Chief of Staff shall qualify 

17 for the necessary security clearance prior to appoint18 ment by the Commission. 

19 (5) DUTIES.—The Chief of Staff shall— 

20 (A) serve as principal liaison to Govern21 ment offices; and 

22 (B) be responsible for the administration 

23 of all official activities conducted by the Com24 mission. 

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1 (6) REMOVAL.—The Chief of Staff shall not be 

2 removed for reasons other than by a majority vote 

3 of the Commission for cause on the grounds of inef4 ficiency, neglect of duty, malfeasance in office, phys5 ical disability, mental incapacity, or any other condi6 tion that substantially impairs the performance of 

7 the responsibilities of the Chief of Staff or the staff 

8 of the Commission. 

9 (b) STAFF.— 

10 (1) ADDITIONAL PERSONNEL.—In consultation 

11 with the members of the Commission, the Chief of 

12 Staff may appoint and fix the pay of such additional 

13 personnel as are necessary to enable the Commission 

14 to perform its duties. Such personnel may be ap15 pointed without regard to the provisions of title 5, 

16 United States Code, governing appointments in the 

17 competitive service, and (subject to subsection (c) 

18 may be paid without regard to the provisions of 

19 chapter 51 and subchapter III of chapter 53 of that 

20 title relating to classification and General Schedule 

21 pay rates. 

22 (2) REQUIREMENTS.—A person appointed to 

23 the staff of the Commission— 

24 (A) shall be a private citizen of integrity 

25 and impartiality; and 

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1 (B) may not be an employee of the Federal 

2 Government. 

3 (3) SECURITY CLEARANCES.—A candidate for a 

4 position on the staff of the Commission shall qualify 

5 for the necessary security clearance prior to appoint6 ment. 

7 (c) COMPENSATION.—The Commission shall fix the 

8 compensation of the Chief of Staff and other personnel 

9 in accordance with title 5, United States Code, except that 

10 the rate of pay for the Chief of Staff and other personnel 

11 may not exceed the rate payable for level V of the Execu12 tive Schedule under section 5316 of that title. 

13 (d) ADVISORY COMMITTEES.—The Commission shall 

14 have the authority to create advisory committees to assist 

15 in fulfilling the responsibilities of the Commission under 

16 this Act. 

17 (e) APPLICATION OF CONGRESSIONAL ACCOUNT18 ABILITY ACT OF 1995.—For purposes of the Congres19 sional Accountability Act of 1995 (2 U.S.C. 1301 et 

20 seq.)— 

21 (1) the Commission shall be considered an em22 ploying office; and 

23 (2) the employees of the Commission shall be 

24 considered covered employees. 

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1 SEC. 5. DUTIES. 

2 (a) STUDY.—The Commission shall conduct a study 

3 on the presence of system racism and the lack of diversity 

4 in the Federal Government, and on steps the Federal Gov5 ernment may take to eliminate racism and promote diver6 sity in the government. 

7 (b) REPORTS.— 

8 (1) FINAL REPORT.—Not later than 1 year 

9 after the appointment of all of its members, the 

10 Commission shall submit to Congress a final report 

11 on the study conducted under subsection (a), and 

12 shall include in the report such recommendations as 

13 the Commission considers appropriate. 

14 (2) INTERIM REPORTS.—In addition to the final 

15 report under paragraph (1), the Commission may 

16 submit to Congress such interim reports as it con17 siders appropriate. 

18 (3) MINORITY REPORTS.—The Commission may 

19 include in any report submitted under this sub20 section a report containing minority views. 

21 SEC. 6. POWERS. 

22 (a) HEARINGS AND SESSIONS.—The Commission 

23 may, for the purpose of carrying out this Act, hold hear24 ings, sit and act at times and places, take testimony, and 

25 receive evidence as the Commission considers appropriate. 

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1 The Commission may administer oaths or affirmations to 

2 witnesses appearing before it. 

3 (b) POWERS OF MEMBERS AND AGENTS.—Any mem4 ber or agent of the Commission may, if authorized by the 

5 Commission, take any action which the Commission is au6 thorized to take by this section. 

7 (c) OBTAINING OFFICIAL DATA.—The Commission 

8 may secure directly from any department or agency of the 

9 United States information necessary to enable it to carry 

10 out this Act. Upon request of the Chairperson of the Com11 mission, the head of that department or agency shall fur12 nish that information to the Commission. 

13 (d) MAILS.—The Commission may use the United 

14 States mails in the same manner and under the same con15 ditions as other departments and agencies of the United 

16 States. 

17 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

18 the request of the Commission, the Architect of the Cap19 itol shall provide to the Commission, on a reimbursable 

20 basis, the administrative support services necessary for the 

21 Commission to carry out its responsibilities under this Act. 

22 (f) SUBPOENA POWER.— 

23 (1) IN GENERAL.—The Commission may issue 

24 subpoenas requiring the attendance and testimony of 

25 witnesses and the production of any evidence relatVerDate Sep 11 2014 00:37 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HC112.IH HC112
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1 ing to any matter under investigation by the Com2 mission. The attendance of witnesses and the pro3 duction of evidence may be required from any place 

4 within the United States at any designated place of 

5 hearing within the United States. 

6 (2) FAILURE TO OBEY A SUBPOENA.—If a per7 son refuses to obey a subpoena issued under para8 graph (1), the Commission may apply to a United 

9 States district court for an order requiring that per10 son to appear before the Commission to give testi11 mony, produce evidence, or both, relating to the 

12 matter under investigation. The application may be 

13 made within the judicial district where the hearing 

14 is conducted or where that person is found, resides, 

15 or transacts business. Any failure to obey the order 

16 of the court may be punished by the court as civil 

17 contempt. 

18 (3) SERVICE OF SUBPOENAS.—The subpoenas 

19 of the Commission shall be served in the manner 

20 provided for subpoenas issued by a United States 

21 district court under the Federal Rules of Civil Pro22 cedure for the United States district courts. 

23 (4) SERVICE OF PROCESS.—All process of any 

24 court to which application is made under paragraph 

25 (2) may be served in the judicial district in which 

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1 the person required to be served resides or may be 

2 found. 

3 SEC. 7. TERMINATION. 

4 The Commission shall terminate 90 days after sub5 mitting its final report under section 5(b)(1). 

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to carry out 

8 this Act such sums as are necessary for fiscal year 2021, 

9 of which— 

10 (1) 50 percent shall be derived from the appli11 cable accounts of the House of Representatives; and 

12 (2) 50 percent shall be derived from the contin13 gent fund of the Senate. 

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