[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 873 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. RES. 873

Expressing the sense of the House of Representatives that the terms of 
 the Commissioners of the United States Commission on Civil Rights are 
staggered, beginning and ending upon the expiration date of the vacant 
  position, and that Commissioners appointed to fill unexpired terms 
should serve only until the expiration date of the term for which they 
were appointed to finish, but may be eligible to be appointed to a new, 
                            subsequent term.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2004

 Mr. Chabot submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the House of Representatives that the terms of 
 the Commissioners of the United States Commission on Civil Rights are 
staggered, beginning and ending upon the expiration date of the vacant 
  position, and that Commissioners appointed to fill unexpired terms 
should serve only until the expiration date of the term for which they 
were appointed to finish, but may be eligible to be appointed to a new, 
                            subsequent term.

Whereas in 1957, the Commission on Civil Rights was created as an independent 
        and autonomous agency to monitor civil rights in the United States;
Whereas in 1983, Congress reconstituted the Commission on Civil Rights with the 
        specific intent of creating staggered terms for the Commissioners 
        appointed by the President, Speaker of the House, and President pro 
        tempore of the Senate;
Whereas when Congress reauthorized the Commission on Civil Rights in 1994, it 
        chose not to disrupt the staggered terms established in 1983 Act;
Whereas since 1983, Commissioners have not served their terms in a manner 
        consistent with Congressional intent, necessitating the involvement of 
        the Federal courts to reach a legal conclusion on this matter; and
Whereas the Federal Court of Appeals found in 2002 in United States v. Wilson 
        that Congress intended to maintain the well-established practice of 
        having commissioners for staggered terms: Now, therefore, be it
    Resolved, That the staggered terms of the Commissioners established 
by Congress were intended to carry with the calendar year, not the 
individual, to preserve the independence and autonomy of the United 
States Commission on Civil Rights.
                                 <all>