IB
Union Calendar No. 423
103D CONGRESS
2D SESSION
H. R. 4999
[Report No. 103–775]
To amend the United States Commission on Civil Rights Act of 1983.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 19, 1994
Mr. EDWARDS of California introduced the following bill; which was referred
to the Committee on the Judiciary
OCTOBER 3, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italics]
A BILL
To amend the United States Commission on Civil Rights
Act of 1983.
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 ‘‘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 Commis-
sion 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 com-
posed 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 ap-
pointed by the President.
‘‘(2) 2 members of the Commission shall be ap-
pointed 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 ap-
pointed by the Speaker of the House of Representa-
tives upon the recommendations of the majority leader
and the minority leader, and of the members ap-
pointed 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 Commis-
sion shall expire on the date such term would have expired
as of September 30, 1994.
‘‘(d) CHAIRPERSON.—(1) Except as provided in para-
graphs (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 concur-
rence 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 ma-
jority of the Commission’s members, fill a vacancy by des-
ignating 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 re-
move a member of the Commission only for neglect of duty
or malfeasance in office.
‘‘(f) QUORUM.—5 members of the Commission con-
stitute 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 poli-
cies 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 be-
cause of color, race, religion, sex, age, disability, or
national origin, or in the administration of justice.
‘‘(b) LIMITATIONS ON INVESTIGATORY DUTIES.—Noth-
ing in this or any other Act shall be construed as authoriz-
ing the Commission, its advisory committees, or any person
under its supervision or control, to inquire into or inves-
tigate any membership practices or internal operations of
any fraternal organization, any college or university frater-
nity or sorority, any private club, or any religious organi-
zation.
‘‘(c) REPORTS.—
‘‘(1) ANNUAL REPORT.—The Commission shall
submit to the President and Congress at least one re-
port annually that monitors Federal civil rights en-
forcement efforts in the United States.
‘‘(2) OTHER REPORTS GENERALLY.—The Com-
mission shall submit such other reports to the Presi-
dent and the Congress as the Commission, the Con-
gress, or the President shall deem appropriate.
‘‘(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 citi-
zens of that State or District.
‘‘(e) HEARINGS AND ANCILLARY MATTERS.—
‘‘(1) POWER TO HOLD HEARINGS.—The Commis-
sion, or on the authorization of the Commission, any
subcommittee of two or more members of the Commis-
sion, at least one of whom shall be of each major po-
litical 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 sub-
committee deems advisable. Each member of the Com-
mission shall have the power to administer oaths and
affirmations in connection with the proceedings of the
Commission. The holding of a hearing by the Com-
mission or the appointment of a subcommittee to hold
a hearing pursuant to this paragraph must be ap-
proved by a majority of the Commission, or by a ma-
jority of the members present at a meeting when a
quorum is present.
‘‘(2) POWER TO ISSUE SUBPOENAS.—The Com-
mission may issue subpoenas for the attendance of
witnesses and the production of written or other mat-
ter. Such a subpoena may not require the presence of
a witness more than 100 miles outside the place