[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4999 Reported in House (RH)]

                                                 Union Calendar No. 423

103d CONGRESS

  2d Session

                               H. R. 4999

                          [Report No. 103-775]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            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





                                                 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 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.
    ``(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.
    ``(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
                    ``(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 an 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.

``SEC. 6. TERMINATION.

    ``This Act shall terminate on September 30, 1995.''