S. 2372

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the United States Commission on Civil Rights Act of 1983.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Civil Rights Commission Amendments Act of 1994’’.

SEC. 2. AMENDMENT OF 1983 ACT.

That the portion of the United States Commission on Civil

Rights Act of 1983 which follows the enacting clause is amended

to read as follows:

‘‘SECTION 1. SHORT TITLE.

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

of 1983’.

‘‘SEC. 2. ESTABLISHMENT OF COMMISSION.

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

Commission on Civil Rights (hereinafter in this Act referred to

as the ‘Commission’).

‘‘(b) MEMBERSHIP.—The Commission shall be composed of 8

members. Not more than 4 of the members shall at any one time

be of the same political party. The initial membership of the

Commission shall be the members of the United States Commission

on Civil Rights on September 30, 1994. Thereafter vacancies in

the membership of the Commission shall continue to be appointed

as follows:

‘‘(1) 4 members of the Commission shall be appointed by

the President.

‘‘(2) 2 members of the Commission shall be appointed by

the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader, and of

the members appointed not more than one shall be appointed

from the same political party.

‘‘(3) 2 members of the Commission shall be appointed by

the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader,

and of the members appointed not more than one shall be

appointed from the same political party.

‘‘(c) TERMS.—The term of office of each member of the Commission shall be 6 years. The term of each member of the Commission

in the initial membership of the Commission shall expire on the

date such term would have expired as of September 30, 1994.
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‘‘(d) CHAIRPERSON.—(1) Except as provided in paragraphs (2)

and (3), the individuals serving as Chairperson and Vice Chairperson of the United States Commission on Civil Rights on September 30, 1994 shall initially fill those roles on the Commission.

‘‘(2) Thereafter the President may, with the concurrence of

a majority of the Commission’s members, designate a Chairperson

or Vice Chairperson, as the case may be, from among the Commission’s members.

‘‘(3) The President shall, with the concurrence of a majority

of the Commission’s members, fill a vacancy by designating a Chairperson or Vice Chairperson, as the case may be, from among the

Commission’s members.

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

in the absence of the Chairperson.

‘‘(e) REMOVAL OF MEMBERS.—The President may remove a

member of the Commission only for neglect of duty or malfeasance

in office.

‘‘(f) QUORUM.—5 members of the Commission constitute a

quorum of the Commission.

‘‘SEC. 3. DUTIES OF THE COMMISSION.

‘‘(a) GENERALLY.—The Commission—

‘‘(1) shall investigate allegations in writing under oath or

affirmation relating to deprivations—

‘‘(A) because of color, race, religion, sex, age, disability,

or national origin; or

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

of the right of citizens of the United States to vote and have

votes counted; and

‘‘(2) shall—

‘‘(A) study and collect information relating to;

‘‘(B) make appraisals of the laws and policies of the

Federal Government with respect to;

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

relating to; and ‘‘(D) prepare public service announcements and

advertising campaigns to discourage;

discrimination or denials of equal protection of the laws under

the Constitution of the United States because of color, race,

religion, sex, age, disability, or national origin, or in the

administration of justice.

‘‘(b) LIMITATIONS ON INVESTIGATORY DUTIES.—Nothing in this

or any other Act shall be construed as authorizing the Commission,

its advisory committees, or any person under its supervision or

control, to inquire into or investigate any membership practices

or internal operations of any fraternal organization, any college

or university fraternity or sorority, any private club, or any religious

organization.

‘‘(c) REPORTS.—

‘‘(1) ANNUAL REPORT.—The Commission shall submit to

the President and Congress at least one report annually that

monitors Federal civil rights enforcement efforts in the United

States.

‘‘(2) OTHER REPORTS GENERALLY.—The Commission shall

submit such other reports to the President and the Congress

as the Commission, the Congress, or the President shall deem

appropriate.
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‘‘(d) ADVISORY COMMITTEES.—The Commission may constitute

such advisory committees as it deems advisable. The Commission

shall establish at least one such committee in each State and

the District of Columbia composed of citizens of that State or

District.

‘‘(e) HEARINGS AND ANCILLARY MATTERS.—

‘‘(1) POWER TO HOLD HEARINGS.—The Commission, or on

the authorization of the Commission, any subcommittee of two

or more members of the Commission, at least one of whom

shall be of each major political party, may, for the purpose

of carrying out this Act, hold such hearings and act at such

times and places as the Commission or such authorized subcommittee deems advisable. Each member of the Commission

shall have the power to administer oaths and affirmations

in connection with the proceedings of the Commission. The

holding of a hearing by the Commission or the appointment

of a subcommittee to hold a hearing pursuant to this paragraph

must be approved by a majority of the Commission, or by

a majority of the members present at a meeting when a quorum

is present.

‘‘(2) POWER TO ISSUE SUBPOENAS.—The Commission may

issue subpoenas for the attendance of witnesses and the production of written or other matter. Such a subpoena may not

require the presence of a witness more than 100 miles outside

the place wherein the witness is found or resides or is domiciled

or transacts business, or has appointed an agent for receipt

of service of process. In case of contumacy or refusal to obey

a subpoena, the Attorney General may in a Federal court

of appropriate jurisdiction obtain an appropriate order to

enforce the subpoena.

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

of the Commission shall be paid the same fees and mileage

that are paid witnesses in the courts of the United States.

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

may use depositions and written interrogatories to obtain

information and testimony about matters that are the subject

of a Commission hearing or report.

‘‘(f) LIMITATION RELATING TO ABORTION.—Nothing in this or

any other Act shall be construed as authorizing the Commission,

its advisory committees, or any other person under its supervision

or control to study and collect, make appraisals of, or serve as

a clearinghouse for any information about laws and policies of

the Federal Government or any other governmental authority in

the United States, with respect to abortion.

‘‘SEC. 4. ADMINISTRATIVE PROVISIONS.

‘‘(a) STAFF.—

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

for the Commission who shall—

‘‘(A) serve as the administrative head of the Commission; and

‘‘(B) be appointed by the President with the concurrence of a majority of the Commission.

‘‘(2) OTHER PERSONNEL.—Within the limitation of its appropriations, the Commission may—

‘‘(A) appoint such other personnel as it deems advisable, under the civil service and classification laws; and
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‘‘(B) procure services, as authorized in section 3109

of title 5, United States Code, but at rates for individuals

not in excess of the daily equivalent paid for positions

at the maximum rate for GS–15 of the General Schedule

under section 5332 of title 5, United States Code.

‘‘(b) COMPENSATION OF MEMBERS.—

‘‘(1) GENERALLY.—Each member of the Commission who

is not otherwise in the service of the Government of the United

States shall receive a sum equivalent to the compensation

paid at level IV of the Executive Schedule under section 5315

of title 5, United States Code, prorated on a daily basis for

time spent in the work of the Commission.

‘‘(2) PERSONS OTHERWISE IN GOVERNMENT SERVICE.—Each

member of the Commission who is otherwise in the service

of the Government of the United States shall serve without

compensation in addition to that received for such other service,

but while engaged in the work of the Commission shall be

paid actual travel expenses and per diem in lieu of subsistence

expenses when away from such member’s usual place of residence, under subchapter I of chapter 57 of title 5, United

States Code.

‘‘(c) VOLUNTARY OR UNCOMPENSATED PERSONNEL.—The

Commission shall not accept or use the services of voluntary or

uncompensated persons. This limitation shall apply with respect

to services of members of the Commission as it does with respect

to services by other persons.

‘‘(d) RULES.—

‘‘(1) GENERALLY.—The Commission may make such rules

as are necessary to carry out the purposes of this Act.

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

with this Act, and until modified by the Commission, the rules

of the Commission on Civil Rights in effect on September

30, 1994 shall be the initial rules of the Commission.

‘‘(e) COOPERATION.—All Federal agencies shall cooperate fully

with the Commission to the end that it may effectively carry out

its functions and duties.

‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

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

to be appropriated for fiscal year 1995 may be used to create

additional regional offices.
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‘‘SEC. 6. TERMINATION.

‘‘This Act shall terminate on September 30, 1996.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.