I
103D CONGRESS
1ST SESSION
H. R. 126
To strengthen the authority of the Equal Employment Opportunity
Commission to enforce nondiscrimination policies in Federal employment.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mrs. COLLINS of Illinois introduced the following bill; which was referred
jointly to the Committees on Education and Labor and Post Office and
Civil Service
A BILL
To strengthen the authority of the Equal Employment Op-
portunity Commission to enforce nondiscrimination poli-
cies in Federal employment.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equal Employment
Opportunity Commission Amendments of 1993’’.
SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE
EQUAL EMPLOYMENT OPPORTUNITY COM-
MISSION.
Section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e–16) is amended by adding at the end there-
of the following:
‘‘(f)(1) If any agency, department, or unit referred
to in subsection (a) fails to submit the plan required under
subsection (b) by the time established by the Commission,
the Commission may request the head of such agency, de-
partment, or unit (or the designated representative of such
individual) to appear before the Commission to explain the
reasons for the failure to submit the plan and to present
any objections to any requirement of the Commission with
respect to such plan.
‘‘(2) If, after the head of any agency, department,
or unit described in paragraph (1) has been given an op-
portunity for hearing by the Commission pursuant to such
paragraph, such agency, department, or unit has not sub-
mitted the plan required under subsection (b), the Com-
mission shall order such agency, department, or unit or
any officer or employee of such agency, department, or
unit to submit the plan before the end of such period as
the Commission determines to be reasonable. The Com-
mission shall enforce compliance with such order.
‘‘(3)(A) In enforcing compliance with any order
under paragraph (2), the Commission may initiate a pro-
ceeding to determine—
‘‘(i) who is the officer or employee of the
United States responsible for the failure of the agen-
cy, department, or unit to comply with such order
and the circumstances surrounding the failure to
comply, and
‘‘(ii) whether any disciplinary action is war-
ranted against such officer or employee for such fail-
ure to comply.
The Commission, after investigation and consideration of
the evidence submitted, shall submit its findings and rec-
ommendations to the administrative head of the agency,
department, or unit in which such officer or employee is
employed and shall send copies of the findings to the offi-
cer or employee or his representative. The administrative
head of the agency, department, or unit in which such offi-
cer or employee is employed shall take any action rec-
ommended by the Commission.
‘‘(B) In enforcing compliance with any order under
paragraph (2), the Commission may issue an order that—
‘‘(i) any officer or employee of the agency, de-
partment, or unit charged with complying with the
order under paragraph (2), or
‘‘(ii) any officer or employee of the United
States determined under subparagraph (A) to be re-
sponsible for the failure of the agency, department,
or unit to comply with the order under paragraph
(2),
who is not an officer or employee appointed by the Presi-
dent by and with the advice and consent of the Senate,
shall not be entitled to receive payment for service as an
officer or employee for the period during which the order
under paragraph (2) has not been complied with. The
Commission shall certify to the Comptroller General of the
United States that an order under this paragraph has
been issued and no payment shall be made out of the
Treasury of the United States for any service specified in
such order.
‘‘(C) In enforcing compliance with any order under
paragraph (2) with respect to any officer or employee de-
scribed in clause (i) or (ii) of subparagraph (B) who is
an officer or employee appointed by the President by and
with the advice and consent of the Senate, the Commission
may notify the President that such officer or employee has
failed to obey a lawfully issued order of the Commission.
‘‘(g)(1) The authority of the Commission under sec-
tion 710 to summon witnesses and compel the production
of evidence includes the authority to subpoena any officer
or employee of the United States who has custody of any
information which the Commission determines to be nec-
essary or appropriate to enable it to carry out any duty
imposed under this section and to compel the production
of such evidence by such officer or employee.
‘‘(2) The authority of the Commission under section
710 to apply for the aid of a district court of the United
States to summon witnesses and compel the production
of evidence includes the authority to seek such aid to sum-
mon officers or employees of the United States as wit-
nesses and to compel the production of evidence referred
to in paragraph (1).
‘‘(3) For purposes of any civil action relating to any
subpoena issued by the Commission to summon a witness
or compel the production of any evidence referred to in
paragraph (1), the limitation contained in section
705(b)(2) shall not apply.’’.
SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH
RESPECT TO CONTENT OF AFFIRMATIVE AC-
TION PLANS.
(a) EMPLOYMENT GOALS.—Section 717(b) is amend-
ed by inserting before the last sentence the following:
‘‘Such plan shall also include the numerical employment
goals established by such agency, department, or unit
under section 7201(d) of title 5, United States Code.’’.
(b) CONFORMING AMENDMENT.—Section 7201(d)(1)
of title 5, United States Code, is amended by striking ‘‘;
and’’ at the end thereof and inserting the following:
‘‘which shall include the requirement that each Executive
agency shall establish numerical employment goals for the
purpose of measuring the progress of such agency toward
achieving the requirements of this section and section
717(a) of the Civil Rights Act of 1964;’’.
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