In the House of Representatives, U. S.,

October 3, 1994.

Resolved, That the bill from the Senate (S. 2372) entitled ‘‘An Act to reauthorize for three years the Commission

on Civil Rights, and for other purposes’’, do pass with the

following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Civil Rights Commission

3 Amendments Act of 1994’’.

4 SEC. 2. AMENDMENT OF 1983 ACT.

5 That the portion of the United States Commission on

6 Civil Rights Act of 1983 which follows the enacting clause

7 is amended to read as follows:

8 ‘‘SECTION 1. SHORT TITLE.

9 ‘‘This Act may be cited as the ‘Civil Rights Commis10 sion Act of 1983’.

11 ‘‘SEC. 2. ESTABLISHMENT OF COMMISSION.

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

13 States Commission on Civil Rights (hereinafter in this Act

14 referred to as the ‘Commission’).

15 ‘‘(b) MEMBERSHIP.—The Commission shall be com16 posed of 8 members. Not more than 4 of the members shall
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1 at any one time be of the same political party. The initial

2 membership of the Commission shall be the members of the

3 United States Commission on Civil Rights on September

4 30, 1994. Thereafter vacancies in the membership of the

5 Commission shall continue to be appointed as follows:

6 ‘‘(1) 4 members of the Commission shall be ap7 pointed by the President.

8 ‘‘(2) 2 members of the Commission shall be ap9 pointed by the President pro tempore of the Senate,

10 upon the recommendations of the majority leader and

11 the minority leader, and of the members appointed

12 not more than one shall be appointed from the same

13 political party.

14 ‘‘(3) 2 members of the Commission shall be ap15 pointed by the Speaker of the House of Representa16 tives upon the recommendations of the majority leader

17 and the minority leader, and of the members ap18 pointed not more than one shall be appointed from

19 the same political party.

20 ‘‘(c) TERMS.—The term of office of each member of the

21 Commission shall be 6 years. The term of each member of

22 the Commission in the initial membership of the Commis23 sion shall expire on the date such term would have expired

24 as of September 30, 1994.
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1 ‘‘(d) CHAIRPERSON.—(1) Except as provided in para2 graphs (2) and (3), the individuals serving as Chairperson

3 and Vice Chairperson of the United States Commission on

4 Civil Rights on September 30, 1994 shall initially fill those

5 roles on the Commission.

6 ‘‘(2) Thereafter the President may, with the concur7 rence of a majority of the Commission’s members, designate

8 a Chairperson or Vice Chairperson, as the case may be,

9 from among the Commission’s members.

10 ‘‘(3) The President shall, with the concurrence of a ma11 jority of the Commission’s members, fill a vacancy by des12 ignating a Chairperson or Vice Chairperson, as the case

13 may be, from among the Commission’s members.

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

15 Chairperson in the absence of the Chairperson.

16 ‘‘(e) REMOVAL OF MEMBERS.—The President may re17 move a member of the Commission only for neglect of duty

18 or malfeasance in office.

19 ‘‘(f) QUORUM.—5 members of the Commission con20 stitute a quorum of the Commission.

21 ‘‘SEC. 3. DUTIES OF THE COMMISSION.

22 ‘‘(a) GENERALLY.—The Commission—

23 ‘‘(1) shall investigate allegations in writing

24 under oath or affirmation relating to deprivations—
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1 ‘‘(A) because of color, race, religion, sex,

2 age, disability, or national origin; or

3 ‘‘(B) as a result of any pattern or practice

4 of fraud;

5 of the right of citizens of the United States to vote

6 and have votes counted; and

7 ‘‘(2) shall—

8 ‘‘(A) study and collect information relating

9 to;

10 ‘‘(B) make appraisals of the laws and poli11 cies of the Federal Government with respect to;

12 ‘‘(C) serve as a national clearinghouse for

13 information relating to; and

14 ‘‘(D) prepare public service announcements

15 and advertising campaigns to discourage;

16 discrimination or denials of equal protection of the

17 laws under the Constitution of the United States be18 cause of color, race, religion, sex, age, disability, or

19 national origin, or in the administration of justice.

20 ‘‘(b) LIMITATIONS ON INVESTIGATORY DUTIES.—Noth21 ing in this or any other Act shall be construed as authoriz22 ing the Commission, its advisory committees, or any person

23 under its supervision or control, to inquire into or inves24 tigate any membership practices or internal operations of

25 any fraternal organization, any college or university frater-
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1 nity or sorority, any private club, or any religious organi2 zation.

3 ‘‘(c) REPORTS.—

4 ‘‘(1) ANNUAL REPORT.—The Commission shall

5 submit to the President and Congress at least one re6 port annually that monitors Federal civil rights en7 forcement efforts in the United States.

8 ‘‘(2) OTHER REPORTS GENERALLY.—The Com9 mission shall submit such other reports to the Presi10 dent and the Congress as the Commission, the Con11 gress, or the President shall deem appropriate.

12 ‘‘(d) ADVISORY COMMITTEES.—The Commission may

13 constitute such advisory committees as it deems advisable.

14 The Commission shall establish at least one such committee

15 in each State and the District of Columbia composed of citi16 zens of that State or District.

17 ‘‘(e) HEARINGS AND ANCILLARY MATTERS.—

18 ‘‘(1) POWER TO HOLD HEARINGS.—The Commis19 sion, or on the authorization of the Commission, any

20 subcommittee of two or more members of the Commis21 sion, at least one of whom shall be of each major po22 litical party, may, for the purpose of carrying out

23 this Act, hold such hearings and act at such times

24 and places as the Commission or such authorized sub25 committee deems advisable. Each member of the Com-
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1 mission shall have the power to administer oaths and

2 affirmations in connection with the proceedings of the

3 Commission. The holding of a hearing by the Com4 mission or the appointment of a subcommittee to hold

5 a hearing pursuant to this paragraph must be ap6 proved by a majority of the Commission, or by a ma7 jority of the members present at a meeting when a

8 quorum is present.

9 ‘‘(2) POWER TO ISSUE SUBPOENAS.—The Com10 mission may issue subpoenas for the attendance of

11 witnesses and the production of written or other mat12 ter. Such a subpoena may not require the presence of

13 a witness more than 100 miles outside the place

14 wherein the witness is found or resides or is domiciled

15 or transacts business, or has appointed an agent for

16 receipt of service of process. In case of contumacy or

17 refusal to obey a subpoena, the Attorney General may

18 in a Federal court of appropriate jurisdiction obtain

19 an appropriate order to enforce the subpoena.

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

21 proceeding of the Commission shall be paid the same

22 fees and mileage that are paid witnesses in the courts

23 of the United States.

24 ‘‘(4) DEPOSITIONS AND INTERROGATORIES.—The

25 Commission may use depositions and written inter-
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1 rogatories to obtain information and testimony about

2 matters that are the subject of a Commission hearing

3 or report.

4 ‘‘(f) LIMITATION RELATING TO ABORTION.—Nothing

5 in this or any other Act shall be construed as authorizing

6 the Commission, its advisory committees, or any other per7 son under its supervision or control to study and collect,

8 make appraisals of, or serve as a clearinghouse for any in9 formation about laws and policies of the Federal Govern10 ment or any other governmental authority in the United

11 States, with respect to abortion.

12 ‘‘SEC. 4. ADMINISTRATIVE PROVISIONS.

13 ‘‘(a) STAFF.—

14 ‘‘(1) DIRECTOR.—There shall be a full-time staff

15 director for the Commission who shall—

16 ‘‘(A) serve as the administrative head of the

17 Commission; and

18 ‘‘(B) be appointed by the President with the

19 concurrence of a majority of the Commission.

20 ‘‘(2) OTHER PERSONNEL.—Within the limitation

21 of its appropriations, the Commission may—

22 ‘‘(A) appoint such other personnel as it

23 deems advisable, under the civil service and clas24 sification laws; and
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1 ‘‘(B) procure services, as authorized in sec2 tion 3109 of title 5, United States Code, but at

3 rates for individuals not in excess of the daily

4 equivalent paid for positions at the maximum

5 rate for GS–15 of the General Schedule under

6 section 5332 of title 5, United States Code.

7 ‘‘(b) COMPENSATION OF MEMBERS.—

8 ‘‘(1) GENERALLY.—Each member of the Commis9 sion who is not otherwise in the service of the Govern10 ment of the United States shall receive a sum equiva11 lent to the compensation paid at level IV of the Exec12 utive Schedule under section 5315 of title 5, United

13 States Code, prorated on an daily basis for time spent

14 in the work of the Commission.

15 ‘‘(2) PERSONS OTHERWISE IN GOVERNMENT

16 SERVICE.—Each member of the Commission who is

17 otherwise in the service of the Government of the

18 United States shall serve without compensation in ad19 dition to that received for such other service, but while

20 engaged in the work of the Commission shall be paid

21 actual travel expenses and per diem in lieu of subsist22 ence expenses when away from such member’s usual

23 place of residence, under subchapter I of chapter 57

24 of title 5, United States Code.
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1 ‘‘(c) VOLUNTARY OR UNCOMPENSATED PERSONNEL.—

2 The Commission shall not accept or use the services of vol3 untary or uncompensated persons. This limitation shall

4 apply with respect to services of members of the Commission

5 as it does with respect to services by other persons.

6 ‘‘(d) RULES.—

7 ‘‘(1) GENERALLY.—The Commission may make

8 such rules as are necessary to carry out the purposes

9 of this Act.

10 ‘‘(2) CONTINUATION OF OLD RULES.—Except as

11 inconsistent with this Act, and until modified by the

12 Commission, the rules of the Commission on Civil

13 Rights in effect on September 30, 1994 shall be the

14 initial rules of the Commission.

15 ‘‘(e) COOPERATION.—All Federal agencies shall cooper16 ate fully with the Commission to the end that it may effec17 tively carry out its functions and duties.

18 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated, to carry out

20 this Act $9,500,000 for fiscal year 1995. None of the sums

21 authorized to be appropriated for fiscal year 1995 may be

22 used to create additional regional offices.

23 ‘‘SEC. 6. TERMINATION.

24 ‘‘This Act shall terminate on September 30, 1995.’’
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Amend the title so as to read: ‘‘An Act to amend the

United States Commission in Civil Rights Act of 1983.’’.

Attest:

Clerk.

103D CONGRESS

2D SESSION S. 2372

AMENDMENTS