[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 323

 To establish an Office of Hispanic American Affairs in the Executive 
    Office of the President, and in various Federal departments and 
                   agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

 Mr. DeConcini introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish an Office of Hispanic American Affairs in the Executive 
    Office of the President, and in various Federal departments and 
                   agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Hispanic American Affairs Act of 1993''.

                          statement of purpose

    Sec. 2. It is the purpose of this Act to--
            (1) assure that Federal programs and resources are reaching 
        all Mexican Americans, Puerto Rican Americans, Cuban Americans, 
        and all other Hispanic Americans and are providing the 
        assistance needed by such individuals;
            (2) assure that the laws, policies, and practices of the 
        Federal Government provide equal opportunities for Hispanic 
        Americans in all areas, including the areas of employment, 
        education, health, housing, community development, economic 
        development, and grant and contract procurement; and
            (3) seek out and develop new programs and resources that 
        may be necessary to handle problems that are unique to Hispanic 
        Americans.

                        establishment of office

    Sec. 3. There is established in the Executive Office of the 
President the Office of Hispanic American Affairs (hereinafter referred 
to as the ``Office''). The Office shall be headed by a Director 
(hereinafter referred to as the ``Director'') who shall be appointed by 
the President, by and with the advice and consent of the Senate.

                         duties of the director

    Sec. 4. (a) The Director shall--
            (1) advise Federal departments and agencies regarding 
        appropriate action to be taken to help assure that Federal 
        programs are providing the assistance needed by Hispanic 
        Americans;
            (2) advise Federal departments and agencies on the 
        development and implementation of comprehensive and coordinated 
        policies, plans, and programs which focus on the special 
        problems and needs of Hispanic Americans including economic 
        development, education, housing, and health care programs and 
        advise such departments and agencies on the priorities of such 
        policies, plans, and programs;
            (3) advise and assist Hispanic American groups and 
        individuals in receiving assistance available under law;
            (4) establish and maintain a Hispanic American information 
        clearinghouse which shall collect, analyze, and disseminate 
        information concerning the social and economic conditions 
        encountered by Hispanic individuals;
            (5) carry out the functions relating to equal employment 
        opportunity for Hispanic Americans transferred to the Director 
        under section 8; and
            (6) appraise the laws, policies, and performance of the 
        Federal Government with respect to the achievement or denial of 
        equal opportunities for Hispanic Americans, and report such 
        appraisal annually to the President and the Congress in the 
        report required under section 11.
    (b) In carrying out the functions of the Director, the Director 
may--
            (1) conduct, directly or by grant or contract, such 
        surveys, studies, research, and demonstration and technical 
        assistance projects;
            (2) establish such relationships with State and local 
        governments and the private sector as may be appropriate; and
            (3) promote the participation of State and local 
        governments and the private sector as may be appropriate to 
        identify and assist in solving the special problems of Hispanic 
        Americans.
    (c) The Director shall utilize the Special Assistants for Hispanic 
American Affairs established in each Federal department or agency under 
section 12 to carry out the functions transferred under section 8.

                          advisory task forces

    Sec. 5. (a) The Director may appoint one or more advisory task 
forces from among persons who are representative of and involved in the 
affairs of the Mexican American, Puerto Rican American, and Cuban 
American communities, and of other elements of the Hispanic American 
community. Each such task force shall--
            (1) advise the Director with respect to the functions of 
        the Director under this Act;
            (2) be subject to the provisions of the Federal Advisory 
        Committee Act; and
            (3) each year and at the time of completion of work of the 
        task force, transmit to Congress and the President a report 
        concerning the activities of the task force.
    (b) Each member of an advisory task force appointed under 
subsection (a) who is not otherwise employed by the United States 
Government shall receive compensation at a rate equal to the daily 
maximum rate prescribed for a position above GS-15 under the General 
Schedule under section 5108 of title 5, United States Code, for each 
day, including traveltime, such member is engaged in the actual 
performance of duties as a member of a task force. A member of a task 
force who is an officer or employee of the United States Government 
shall serve without additional compensation. All members of a task 
force shall be reimbursed for travel, subsistence, and other necessary 
expenses incurred by them in the performance of their duties.
    (c) The Director shall provide staffing and support to any task 
force appointed under subsection (a) in order to assist the members of 
the task force in carrying out their duties.

                       administrative provisions

    Sec. 6. (a) In carrying out the provisions of this Act, the 
Director is authorized--
            (1) to appoint such personnel as the Director considers 
        necessary without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and to pay such personnel without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates;
            (2) to employ experts and consultants in accordance with 
        the provisions of section 3109 of such title, at rates of pay 
        which do not exceed the maximum rate prescribed for a position 
        above GS-15 of the General Schedule under section 5108 of such 
        title;
            (3) to promulgate such rules, regulations, and procedures 
        as may be necessary to carry out the functions of the Office, 
        and to delegate authority for the performance of any function 
        to any officer or employee of the Office under the direction 
        and supervision of the Director;
            (4) to utilize, with their consent, the services, 
        equipment, personnel, information, and facilities of other 
        Federal departments and agencies and of State, local, and 
        private agencies and instrumentalities, with or without 
        reimbursement therefor;
            (5) to enter into agreements with other Federal departments 
        and agencies as may be appropriate;
            (6) to operate such regional offices as may be necessary to 
        carry out the provisions of this Act;
            (7) without regard to the provisions of section 3324 of 
        title 31, United States Code, to enter into and perform such 
        contracts, leases, cooperative agreements, or other 
        transactions as may be necessary in the conduct of the 
        functions of the Office, with any public agency or with any 
        person, and make payments (in advance, by transfer, or 
        otherwise) and grants to any public agency or private nonprofit 
        organization;
            (8)(A) to accept voluntary and uncompensated services, 
        without regard to the provisions of section 1342 of title 31, 
        United States Code;
            (B) to accept volunteer service in accordance with section 
        3111 of title 5, United States Code; and
            (9) to request such information, data, and reports from any 
        Federal department or agency as the Director may from time to 
        time require and as may be produced consistent with other law.
    (b) Upon request of the Director, the head of each Federal 
department or agency shall promptly make the services, equipment, 
personnel, facilities, and information of the department or agency 
(including suggestions, estimates, and statistics) available to the 
Office to the greatest extent practicable.
    (c) Upon request of the Director, the head of each Federal 
department or agency shall promptly detail any of the personnel of the 
department or agency to the Office. Any such detail shall be made on a 
reimbursable basis.

                              coordination

    Sec. 7. In carrying out the provisions of this Act, the Director 
shall provide leadership and coordination for all Federal departments 
and agencies, particularly the offices established under section 12, 
and shall provide such guidance to Federal departments and agencies as 
the President determines is appropriate in implementing this Act. Each 
department or agency shall issue appropriate rules and regulations to 
further the purposes of this Act.

     transfers of functions from the office of personnel management

    Sec. 8. All functions of the Office of Personnel Management under 
section 717 of the Civil Rights Act of 1964 and Executive Order 11478, 
issued August 8, 1969, which the Director of the Office of Management 
and Budget determines relate to equal employment opportunity for 
Hispanic individuals, commonly known as the Hispanic Employment 
Program, are transferred to the Director.

                   transfer of personnel and property

    Sec. 9. (a) All personnel, liabilities, contracts, property, and 
records as are determined by the Director of the Office of Management 
and Budget to be employed, held, or used primarily in connection with 
any function transferred under this Act, are transferred to the Office.
    (b)(1) Except as provided in paragraph (2), personnel engaged in 
functions transferred under this Act shall be transferred in accordance 
with applicable laws and regulations relating to the transfer of 
functions.
    (2) The transfer of personnel pursuant to subsection (a) shall be 
without reduction in classification or compensation for one year after 
such transfer.

                            transfer matters

    Sec. 10. (a) All laws relating to any office, agency, or function 
transferred under this Act shall, insofar as such laws are applicable, 
remain in full force and effect. All orders, determinations, rules, and 
regulations made or issued in connection with any function transferred 
by this Act, and in effect at the time of the transfer, shall continue 
in effect to the same extent as if such transfer had not occurred, 
until modified, superseded, or repealed.
    (b) The provisions of this Act shall not affect any proceedings 
pending at the time this section takes effect before any agency, or 
part thereof, functions of which are transferred by this Act, but such 
proceedings, to the extent that they relate to functions so transferred 
shall be continued before the Office.
    (c) No action or other proceeding commenced by or against any 
office or agency or any officer of the United States acting in the 
official capacity of such officer shall abate by reason of any transfer 
made pursuant to this Act, but the court, on any motion or supplemental 
petition filed at any time within twelve months after such transfer 
takes effect which shows a necessity for the survival of such action or 
other proceeding to obtain a settlement of the question involved, may 
allow the action or proceeding to be maintained by or against the 
appropriate office or agency or officer of the United States.

                             annual report

    Sec. 11. Within six months after the end of each fiscal year, the 
Director shall submit a report to the President and the Congress 
concerning the activities of the Office during the preceding fiscal 
year. Such report shall include the appraisal of Federal performance in 
achieving equal opportunity for Hispanic Americans required under 
section 4(a)(6) and recommendations for legislative action relating to 
the achievement of the purposes of this Act.

                 offices in various executive agencies

    Sec. 12. (a) The President shall establish and maintain an Office 
of Hispanic American Affairs in the following Federal departments and 
agencies:
            (1) the Department of State;
            (2) the Department of Treasury;
            (3) the Department of Defense and each military department;
            (4) the Department of Justice;
            (5) the Department of the Interior;
            (6) the Department of Agriculture;
            (7) the Department of Commerce;
            (8) the Department of Labor, including programs of the 
        Office of Federal Contract Compliance;
            (9) the Department of Health and Human Services;
            (10) the Department of Housing and Urban Development;
            (11) the Department of Transportation;
            (12) the Department of Energy;
            (13) the Department of Education;
            (14) the Department of Veterans' Affairs;
            (15) the Office of Personnel Management;
            (16) the Federal Communications Commission;
            (17) the Small Business Administration;
            (18) the National Aeronautics and Space Administration;
            (19) the National Science Foundation;
            (20) the Federal Home Loan Bank Board;
            (21) the Equal Employment Opportunity Commission;
            (22) the Postal Rate Commission;
            (23) the Environmental Protection Agency;
            (24) the General Services Administration;
            (25) the United States Postal Service; and
            (26) such other Federal departments or agencies as the 
        President may designate.
    (b) Each Office of Hispanic American Affairs established under 
subsection (a) shall be headed by a Special Assistant for Hispanic 
American Affairs, who shall be appointed by the head of the Federal 
department or agency in which the office is located. The Special 
Assistant for Hispanic American Affairs designated within each 
department or agency shall assist the Director in carrying out within 
each department or agency the functions transferred under section 8.
    (c) The Special Assistant for Hispanic American Affairs of each 
department or agency may participate in all policy planning and 
development for all programs of the department or agency to insure the 
consideration of factors impacting on the various Hispanic communities. 
The head of each Federal department or agency shall insure the 
participation of the Special Assistant for Hispanic American Affairs in 
the review of all pertinent and relevant rules, regulations, and 
guidelines, and other management directives to assure that the laws, 
policies, and practices of the Federal Government are providing equal 
opportunities for Hispanics in all areas, including the areas of 
education, health, housing, community development, economic 
development, grant and contract procurement, and employment. The 
Special Assistant for Hispanic American Affairs shall make 
recommendations to the head of the Federal department or agency 
concerning problems and special needs that are unique to Hispanics, and 
shall be available to advise and assist Hispanic groups and individuals 
who seek assistance or services from the department or agency.

                  duties of the secretary of commerce

    Sec. 13. The Secretary of Commerce shall take necessary steps to 
insure that existing information clearinghouse functions within the 
Department of Commerce encompass the collection and dissemination of 
information in easily accessible form concerning the social, economic, 
employment, health, and housing needs and conditions of the Hispanic 
population of the Nation.

                  ban on partisan political activities

    Sec. 14. No funds authorized to carry out this Act shall be used to 
finance any activities designed to influence the outcome of any 
election to Federal office or any voter registration activity, or to 
pay the salary of the chairperson or any employee of a political 
committee after the date on which such persons engage in such activity, 
as determined by the Office of Personnel Management. For the purposes 
of this section, the term ``election'' has the same meaning as in 
section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431(1)), the term ``Federal office'' has the same meaning as in section 
301(3) of such Act (2 U.S.C. 431(3)), and the term ``political 
committee'' has the same meaning as in section 301(4) of such Act (2 
U.S.C. 431(4)).

                    limitation on contract authority

    Sec. 15. The authority of the Director to enter into contracts 
under this Act shall be to such extent or in such amounts as are 
provided in appropriation Acts.

                        compensation of director

    Sec. 16. Section 5316 of title 5, United States Code, is amended by 
adding at the end thereof the following:
            ``Director, Office of Hispanic American Affairs.''.

                    authorization of appropriations

    Sec. 17. There are authorized to be appropriated such sums as may 
be necessary to carry out this Act.

                             effective date

    Sec. 18. The provisions of this Act shall take effect upon the date 
of enactment of this Act, except that the provisions of sections 8 
through 10 shall take effect on the date which is 60 days after the 
date of enactment of this Act or on such earlier date as the President 
shall specify by Executive order.

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