II

104TH CONGRESS

2D SESSION S. 2187

To reauthorize appropriations for the Civil Rights Commission Act of 1983,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 2, 1996

Mr. BROWN introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To reauthorize appropriations for the Civil Rights

Commission Act of 1983, and for other purposes.

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 Reauthorization Act of 1996’’.

6 SEC. 2. APPROVAL OF SUBMISSION OF REPORTS.

7 Section 3(c) of the Civil Rights Commission Act of

8 1983 (42 U.S.C. 1975a(c)) is amended by adding at the

9 end the following:
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1 ‘‘(3) APPROVAL.—The Commission may submit

2 a report under this subsection only with the approval

3 of a majority of the members of the Commission

4 that are present at a meeting when a quorum is

5 present.’’.

6 SEC. 3. APPROVAL OF ISSUANCE OF SUBPOENAS.

7 Section 3(e)(2) of the Civil Rights Commission Act

8 of 1983 (42 U.S.C. 1975a(e)(2)) is amended—

9 (1) by striking ‘‘The Commission’’ and insert10 ing:

11 ‘‘(A) IN GENERAL.—The Commission’’;

12 and

13 (2) by adding at the end the following:

14 ‘‘(B) PROCEDURE FOR WITHHOLDING IS15 SUANCE.—

16 ‘‘(i) LIST OF WITNESSES.—Prior to

17 the issuance of a subpoena described in

18 subparagraph (A) for any witness called to

19 testify or produce written or other matter

20 for a Commission hearing scheduled pursu21 ant to paragraph (1), the Chairperson

22 shall issue a complete list of all witnesses

23 for the hearing, including information

24 identifying the witnesses and the nature of

25 any written or other matter to be pro-
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1 duced, to each member of the Commission

2 for review. The Chairperson shall issue the

3 list a reasonable period of time prior to the

4 issuance of the subpoena.

5 ‘‘(ii) OBJECTION.—Any member of

6 the Commission objecting to the issuance

7 of a subpoena for any witness on the list

8 shall notify the Chairperson of the objec9 tion.

10 ‘‘(iii) MEETING.—On receiving such

11 an objection, the Chairperson shall sched12 ule a meeting of the Commission to con13 sider the objection. At the meeting, on the

14 motion of any member of the Commission,

15 the Commission shall vote on whether to

16 issue the subpoena. The Commission may

17 issue a subpoena only with the approval of

18 a majority of the members of the Commis19 sion that are present at a meeting when a

20 quorum is present.’’.

21 SEC. 4. REVIEW OF STAFF DIRECTOR.

22 Section 4(a)(1) of the Civil Rights Commission Act

23 of 1983 (42 U.S.C. 1975b(a)(1)) is amended—

24 (1) by striking ‘‘(A)’’ and inserting the follow25 ing:
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1 ‘‘(i)’’;

2 (2) by striking ‘‘(B)’’ and inserting the follow3 ing:

4 ‘‘(ii)’’;

5 (3) by striking ‘‘There shall’’ and inserting the

6 following:

7 ‘‘(A) IN GENERAL.—There shall’’; and

8 (4) by adding at the end the following:

9 ‘‘(B) REMOVAL.—The Commission may, by

10 majority vote of the Commission, remove the

11 staff director from office.’’.

12 SEC. 5. APPLICATION OF FREEDOM OF INFORMATION ACT,

13 PRIVACY ACT OF 1974, AND GOVERNMENT IN

14 THE SUNSHINE ACT.

15 Section 4 of the Civil Rights Commission Act of 1983

16 (42 U.S.C. 1975b) is amended by adding at the end the

17 following:

18 ‘‘(f) APPLICATION OF CERTAIN PROVISIONS OF

19 LAW.—The Commission shall be included in the term

20 ‘agency’, as such term is defined for purposes of sections

21 552, 552a, and 552b of title 5, United States Code.’’.

22 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

23 Section 5 of the Civil Rights Commission Act of 1983

24 (42 U.S.C. 1975c) is amended by striking ‘‘fiscal year
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1 1995’’ each place it appears and inserting ‘‘for fiscal year

2 1997’’.

3 SEC. 7. TERMINATION.

4 Section 6 of the Civil Rights Commission Act of 1983

5 (42 U.S.C. 1975d) is amended by striking ‘‘1996’’ and

6 inserting ‘‘1997’’.

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