[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3117 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3117

 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

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the United States Commission on Civil Rights, and for 
                            other purposes.

    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 Act of 
1998''.

SEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Extension.--Section 6 of the Civil Rights Commission 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) of the Civil Rights Commission Act of 1983 (42 U.S.C. 
1975b(a)) 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:
            ``(2) Term of office.--The term of office of the Staff 
        Director shall be 4 years.
            ``(3) Review and retention.--The Commission shall annually 
        review the performance of the staff director.''.

SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRIVACY, 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 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 fiscal year ending 
September 30, 1998, and each year thereafter, 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 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 ``4 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 Recommendations.--The Commission shall, 
not later than June 30, 1998, implement the United States General 
Accounting Office recommendations regarding revision of the 
Commission's Administrative Instructions and structural regulations to 
reflect the current agency structure, and establish a management 
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 September 30, 1998, 
        the Commission shall prepare, and submit 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 discrimination 
        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 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 regarding equal access, and 
                other similar laws; and
                    (B) the rights of students and teachers and other 
                school employees to be free from discrimination in 
                matters of religious expression and the accommodation 
                of the free exercise of religion; and
                    (C) issues relating to religious non-discrimination 
                in curriculum construction.
    (d) Crisis of Young African-American Males Report.--Not later than 
September 30, 1999, the Commission shall submit a report on the crisis 
of young African-American males.
    (e) Fair Employment Law Enforcement Report.--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 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 Commission shall be 
fairly balanced as to the viewpoints represented.''.
                                 <all>