105TH CONGRESS
2D SESSION
H. R. 3117
AN ACT
To reauthorize the United States Commission on
Civil Rights, and for other purposes.
105TH CONGRESS
2D SESSION
H. R. 3117
AN ACT
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 Commis-
sion 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
striking ‘‘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
appropriated 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
following:
‘‘(i)’’;
(3) by striking ‘‘(B)’’ and inserting the
following:
‘‘(ii)’’; and
(4) by adding at the end the following:
‘‘(B) TERM OF OFFICE.—The term of of-
fice of the Staff Director shall be 4 years.
‘‘(C) 
REVIEW
AND
RETENTION.—The
Commission shall annually review the perform-
ance of the staff director.’’.
SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRI-
VACY, SUNSHINE, AND ADVISORY COMMIT-
TEE 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 agen-
cy, as defined 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 Advisory 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 fis-
cal year ending September 30, 1998, and each year there-
after, the Commission shall prepare an annual financial
statement 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 sec-
tion 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
commencing 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 RECOMMENDA-
TIONS.—The Commission shall, not later than June 30,
1998, implement the United States General Accounting
Office recommendations regarding revision of the Commis-
sion’s Administrative Instructions and structural regula-
tions to reflect the current agency structure, and establish
a management information system to enhance the over-
sight 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 Ameri-
cans with Disabilities Act of 1990.
(c) RELIGIOUS FREEDOM IN PUBLIC SCHOOLS.—
(1) REPORT REQUIRED.—Not later than Sep-
tember 30, 1998, the Commission shall prepare, and
submit under section 3 of the Civil Rights Commis-
sion Act of 1983, a report evaluating the policies
and practices of public schools to determine whether
laws are being effectively enforced to prevent dis-
crimination 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 con-
stitutional and civil rights of students and of teach-
ers and other school employees.
(2) REVIEW OF ENFORCEMENT ACTIVITIES.—
Such report shall include a review of the enforce-
ment activities of Federal agencies, including the
Departments 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 regard-
ing equal access, and other similar laws;
(B) the rights of students and teachers
and other school employees to be free from dis-
crimination 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
REPORT.—Not later than September 30, 1999, the Com-
mission shall submit a report on the crisis of young Afri-
can-American males.
(e) FAIR EMPLOYMENT LAW ENFORCEMENT RE-
PORT.—Not later than September 30, 1999, the Commis-
sion shall submit a report on fair employment law enforce-
ment.
(f) REGULATORY OBSTACLES CONFRONTING MINOR-
ITY ENTREPRENEURS.—Not later than September 30,
1999, the Commission shall develop and carry out a study
on the civil rights implications of regulatory obstacles con-
fronting minority 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
committee shall be to conduct fact finding activities and
develop findings or recommendations for the Commission.
Any report by such an advisory committee to the Commis-
sion shall be fairly balanced as to the viewpoints rep-
resented.’’.
Passed the House of Representatives March 18,
1998.
Attest:
Clerk.