IB
Union Calendar No. 248
105TH CONGRESS
2D SESSION
H. R. 3117
[Report No. 105–439]
To reauthorize the United States Commission on Civil Rights, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1998
Mr. CANADY of Florida (for himself and Mr. SCOTT) introduced the following
bill; which was referred to the Committee on the Judiciary
MARCH 12, 1998
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 italic]
[For text of introduced bill, see copy of bill as introduced on January 28, 1998]
A BILL
To reauthorize the United States Commission on Civil
Rights, and for other purposes.
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
Act of 1998’’.
SEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIA-
TIONS.
(a) EXTENSION.—Section 6 of the Civil Rights Com-
mission Act of 1983 (42 U.S.C. 1975d) is amended by strik-
ing ‘‘1996’’ and inserting ‘‘2001’’.
(b) AUTHORIZATION.—The first sentence of section 5
of the Civil Rights Commission Act of 1983 (42 U.S.C.
1975c) is amended to read ‘‘There are authorized to be ap-
propriated such sums as may be necessary to carry out this
Act for fiscal years through fiscal year 2001.’’.
SEC. 3. STAFF DIRECTOR.
Section 4(a)(1) of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975b(a)(1)) is amended—
(1) by striking ‘‘There shall’’ and inserting the
following:
‘‘(A) IN GENERAL.—There shall’’;
(2) by striking ‘‘(A)’’ and inserting the follow-
ing:
‘‘(i)’’;
(3) by striking ‘‘(B)’’ and inserting the follow-
ing:
‘‘(ii)’’; and
(4) by adding at the end the following:
‘‘(B) TERM OF OFFICE.—The term of office
of the Staff Director shall be 4 years.
‘‘(C) REVIEW AND RETENTION.—The Com-
mission shall annually review the performance of
the staff director.’’.
SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRI-
VACY, SUNSHINE, AND ADVISORY COMMITTEE
ACTS.
Section 4 of the Civil Rights Commission Act of 1983
(42 U.S.C. 1975b) is amended by adding at the end the
following:
‘‘(f) APPLICATION OF CERTAIN PROVISIONS OF LAW.—
The Commission shall be considered to be an agency, as de-
fined in section 551(1) of title 5, United States Code, for
the purposes of sections 552, 552a, and 552b of title 5,
United States Code, and for the purposes of the Federal Ad-
visory Committee Act.’’.
SEC. 5. REQUIREMENT FOR INDEPENDENT AUDIT.
Section 4 of the Civil Rights Commission Act of 1983
(42 U.S.C. 1975b) is further amended by adding at the end
the following:
‘‘(g) INDEPENDENT AUDIT.—Beginning with the fiscal
year ending September 30, 1998, and each year thereafter,
the Commission shall prepare an annual financial state-
ment in accordance with section 3515 of title 31, United
States Code, and shall have the statement audited by an
independent external auditor in accordance with section
3521 of such title.’’.
SEC. 6. TERMS OF MEMBERS.
(a) IN GENERAL.—Section 2(c) of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975(c)) is amended
by striking ‘‘6 years’’ and inserting ‘‘5 years’’.
(b) APPLICABILITY.—The amendment made by this
section shall apply only with respect to terms of office com-
mencing after the date of the enactment of this Act.
SEC. 7. REPORTS.
Section 3(c)(1) of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a(c)(1)) is amended by striking ‘‘at
least one report annually’’ and inserting ‘‘a report on or
before September 30 of each year’’.
SEC. 8. SPECIFIC DIRECTIONS TO THE COMMISSION.
(a) IMPLEMENTATION OF GAO RECOMMENDATIONS.—
The Commission shall, not later than June 30, 1998, imple-
ment the United States General Accounting Office rec-
ommendations regarding revision of the Commission’s Ad-
ministrative Instructions and structural regulations to re-
flect the current agency structure, and establish a manage-
ment information system to enhance the oversight and
project efficiency of the Commission.
(b) ADA ENFORCEMENT REPORT.—Not later than
September 30, 1998, the Commission shall complete and
submit a report regarding the enforcement of the Americans
with Disabilities Act of 1990.
(c) RELIGIOUS FREEDOM IN PUBLIC SCHOOLS.—
(1) REPORT REQUIRED.—Not later than Septem-
ber 30, 1998, the Commission shall prepare, and sub-
mit under section 3 of the Civil Rights Commission
Act of 1983, a report evaluating the policies and
practices of public schools to determine whether laws
are being effectively enforced to prevent discrimina-
tion or the denial of equal protection of the law based
on religion, and whether such laws need to be changed
in order to protect more fully the constitutional and
civil rights of students and of teachers and other
school employees.
(2) REVIEW
OF
ENFORCEMENT
ACTIVITIES.—
Such report shall include a review of the enforcement
activities of Federal agencies, including the Depart-
ments of Justice and Education, to determine if those
agencies are properly protecting the religious freedom
in schools.
(3) DESCRIPTION OF RIGHTS.—Such report shall
also include a description of—
(A) the rights of students and others under
the Federal Equal Access Act (20 U.S.C. 4071 et
seq.), constitutional provisions regarding equal
access, and other similar laws; and
(B) the rights of students and teachers and
other school employees to be free from discrimi-
nation in matters of religious expression and the
accommodation of the free exercise of religion;
and
(C) issues relating to religious non-dis-
crimination in curriculum construction.
(d) CRISIS OF YOUNG AFRICAN-AMERICAN MALES RE-
PORT.—Not later than September 30, 1999, the Commission
shall submit a report on the crisis of young African-Amer-
ican males.
(e) FAIR
EMPLOYMENT
LAW
ENFORCEMENT
RE-
PORT.—Not later than September 30, 1999, the Commission
shall submit a report on fair employment law enforcement.
(f) REGULATORY OBSTACLES CONFRONTING MINORITY
ENTREPRENEURS.—Not later than September 30, 1999, the
Commission shall develop and carry out a study on the civil
rights implications of regulatory obstacles confronting mi-
nority entrepreneurs, and report the results of such study
under section 3 of the Civil Rights Commission Act of 1983.
SEC. 9. ADVISORY COMMITTEES.
Section 3(d) of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a(d)) is amended by adding at the
end the following: ‘‘The purpose of each such advisory com-
mittee shall be to conduct fact finding activities and develop
findings or recommendations for the Commission. Any re-
port by such an advisory committee to the Commission shall
be fairly balanced as to the viewpoints represented.’’.