[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 190 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 190

    To strengthen the authority of the Equal Employment Opportunity 
Commission to enforce nondiscrimination policies in Federal employment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mrs. Collins of Illinois introduced the following bill; which was 
  referred to the Committee on Economic and Educational Opportunities 
and, in addition, to the Committee on Government Reform and Oversight, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To strengthen the authority of the Equal Employment Opportunity 
Commission to enforce nondiscrimination policies in Federal employment.

    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 ``Equal Employment Opportunity 
Commission Amendments of 1995''.

SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE EQUAL EMPLOYMENT 
              OPPORTUNITY COMMISSION.

    Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is 
amended by adding at the end thereof the following:
    ``(f)(1) If any agency, department, or unit referred to in 
subsection (a) fails to submit the plan required under subsection (b) 
by the time established by the Commission, the Commission may request 
the head of such agency, department, or unit (or the designated 
representative of such individual) to appear before the Commission to 
explain the reasons for the failure to submit the plan and to present 
any objections to any requirement of the Commission with respect to 
such plan.
    ``(2) If, after the head of any agency, department, or unit 
described in paragraph (1) has been given an opportunity for hearing by 
the Commission pursuant to such paragraph, such agency, department, or 
unit has not submitted the plan required under subsection (b), the 
Commission shall order such agency, department, or unit or any officer 
or employee of such agency, department, or unit to submit the plan 
before the end of such period as the Commission determines to be 
reasonable. The Commission shall enforce compliance with such order.
    ``(3)(A) In enforcing compliance with any order under paragraph 
(2), the Commission may initiate a proceeding to determine--
            ``(i) who is the officer or employee of the United States 
        responsible for the failure of the agency, department, or unit 
        to comply with such order and the circumstances surrounding the 
        failure to comply, and
            ``(ii) whether any disciplinary action is warranted against 
        such officer or employee for such failure to comply.
The Commission, after investigation and consideration of the evidence 
submitted, shall submit its findings and recommendations to the 
administrative head of the agency, department, or unit in which such 
officer or employee is employed and shall send copies of the findings 
to the officer or employee or his representative. The administrative 
head of the agency, department, or unit in which such officer or 
employee is employed shall take any action recommended by the 
Commission.
    ``(B) In enforcing compliance with any order under paragraph (2), 
the Commission may issue an order that--
            ``(i) any officer or employee of the agency, department, or 
        unit charged with complying with the order under paragraph (2), 
        or
            ``(ii) any officer or employee of the United States 
        determined under subparagraph (A) to be responsible for the 
        failure of the agency, department, or unit to comply with the 
        order under paragraph (2),
who is not an officer or employee appointed by the President by and 
with the advice and consent of the Senate, shall not be entitled to 
receive payment for service as an officer or employee for the period 
during which the order under paragraph (2) has not been complied with. 
The Commission shall certify to the Comptroller General of the United 
States that an order under this paragraph has been issued and no 
payment shall be made out of the Treasury of the United States for any 
service specified in such order.
    ``(C) In enforcing compliance with any order under paragraph (2) 
with respect to any officer or employee described in clause (i) or (ii) 
of subparagraph (B) who is an officer or employee appointed by the 
President by and with the advice and consent of the Senate, the 
Commission may notify the President that such officer or employee has 
failed to obey a lawfully issued order of the Commission.
    ``(g)(1) The authority of the Commission under section 710 to 
summon witnesses and compel the production of evidence includes the 
authority to subpoena any officer or employee of the United States who 
has custody of any information which the Commission determines to be 
necessary or appropriate to enable it to carry out any duty imposed 
under this section and to compel the production of such evidence by 
such officer or employee.
    ``(2) The authority of the Commission under section 710 to apply 
for the aid of a district court of the United States to summon 
witnesses and compel the production of evidence includes the authority 
to seek such aid to summon officers or employees of the United States 
as witnesses and to compel the production of evidence referred to in 
paragraph (1).
    ``(3) For purposes of any civil action relating to any subpoena 
issued by the Commission to summon a witness or compel the production 
of any evidence referred to in paragraph (1), the limitation contained 
in section 705(b)(2) shall not apply.''.

SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO CONTENT 
              OF AFFIRMATIVE ACTION PLANS.

    (a) Employment Goals.--Section 717(b) is amended by inserting 
before the last sentence the following:
``Such plan shall also include the numerical employment goals 
established by such agency, department, or unit under section 7201(d) 
of title 5, United States Code.''.
    (b) Conforming Amendment.--Section 7201(d)(1) of title 5, United 
States Code, is amended by striking ``; and'' at the end thereof and 
inserting the following: ``which shall include the requirement that 
each Executive agency shall establish numerical employment goals for 
the purpose of measuring the progress of such agency toward achieving 
the requirements of this section and section 717(a) of the Civil Rights 
Act of 1964;''.
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