[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             CIVIL RIGHTS COMMISSION AMENDMENTS ACT OF 1994

  Mr. BROOKS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4999) to amend the United States Commission on Civil Rights 
Act of 1983, as amended.
  The Clerk read as follows:

                               H.R. 4999

       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 a 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.''

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas [Mr. Brooks] will be recognized for 20 minutes, and the gentleman 
from Illinois [Mr. Hyde] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Brooks].
  Mr. BROOKS. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. BROOKS asked and was given permission to revise and extend his 
remarks.)
  Mr. BROOKS. Mr. Speaker, H.R. 4999 authorizes $9.5 million for the 
activities of the U.S. Civil Rights Commission for fiscal year 1995. It 
authorizes the Commission to conduct antidiscrimination campaigns, and 
maintains the prohibition against new regional offices. It also 
clarifies the restrictions on uncompensated services by Commissioners. 
This language is necessary because of a recent GAO report which found 
some questionable travel expenditures by some Commissioners.
  I wish to thank the gentleman from California [Mr. Edwards], chairman 
of the Subcommittee on Civil and Constitutional Rights, for his 
leadership on this and every other civil rights issue over the last 30 
years, and the gentleman from Illinois [Mr. Hyde], the ranking member, 
also deserves praise for bringing this legislation forward.
  I urge the Members to support this bill.
  Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HYDE asked and was given permission to revise and extend his 
remarks.)
  Mr. HYDE. Mr. Speaker, let me say at the outset that the gentleman 
from California [Mr. Edwards] will indeed be missed. I would like to 
think that he is such a part of this place though that, to reprise a 
term, I believe, of Oliver Wendell Holmes, he will be a brooding 
omnipresence over this body rather than someone who is retired and left 
us. He has been a great person to work with and made so many solid 
contributions to the jurisprudence, to the civil rights of this 
country, that his mark is established, and I have been proud to work 
with him.
  The same thing is true with the gentleman from Texas [Mr. Brooks] who 
is, among other things, fun to work with. He has a great sense of 
humor, and he gets things done, and it has been a real pleasure working 
with him.
  And lest this turn into a homecoming celebration, Mr. Speaker, let me 
say this legislation, as approved by the Committee on the Judiciary, 
will extend the life of the U.S. Commission on Civil Rights for 1 year. 
This legislation maintains the current structure of the Commission, 
eight Commissioners appointed by the President and Congress, and gives 
the Commission new authority to make public service announcements 
within the scope of its statutory mandate. The bill, as reported by the 
Committee on the Judiciary, incorporates several changes requested by 
the minority which were consistent with the 1983 act. The bill also 
authorizes appropriation of $9.5 million, which is consistent with the 
amount appropriated for fiscal year 1995.
  Mr. Speaker, I believe the Commission is compromised of men and women 
of good will who can work together to speak out against discrimination 
and in favor of equality under the law, and so I enthusiastically 
support this legislation.
  I do want to thank the chairman of the committee, the gentleman from 
California [Mr. Edwards], for his cooperation on moving this bill, and 
the gentleman from Texas [Mr. Brooks] for bringing this bill forward, 
as well as to the staffs, without whose indispensable help we could not 
have brought this bill forward.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROOKS. Mr. Speaker, I yield such time as he may consume to the 
distinguished chairman of the Subcommittee on Civil and Constitutional 
Rights, the gentleman from California [Mr. Edwards], a longtime 
supporter of civil rights.
  (Mr. EDWARDS of California asked and was given permission to revise 
and extend his remarks.)
  Mr. EDWARDS of California. Mr. Speaker, I thank my chairman, the 
gentleman from Texas [Mr. Brooks], for bringing this bill promptly to 
the floor, and I thank him for his gracious personal remarks, as I 
thank my colleague, the gentleman from Illinois [Mr. Hyde], the ranking 
minority member of the subcommittee. It has been just an honor and a 
privilege to serve with Mr. Hyde for many years on this subcommittee. 
We have done some good things, and we worked together very hard.
  Mr. Speaker, this bill, ably and accurately described by both the 
gentleman from Texas [Mr. Brooks] and the gentleman from Illinois [Mr. 
Hyde] does extend the life of the Commission for a year and was 
approved unanimously by the subcommittee and by the full committee. I 
urge its passage.
  Mr. Speaker, in 1957, creating a U.S. Commission on Civil Rights was 
a radical idea. It is the only bipartisan, independent Federal 
factfinding agency reviewing discrimination on the basis of race, 
color, religion, sex, age, handicap, and national origin or in the 
administration of justice.
  Perhaps it is a temporary agency because we want to believe that some 
day our racially and culturally diverse Nation will become more 
unified. I believe it is a good thing that our national will embraces 
such unity.
  For most of its almost 40 years existence the Commission has been our 
Nation's conscience on civil rights--reminding us of where we have been 
and where we need to go.
  Since it has no enforcement authority, its influence comes from its 
scholarly reports.
  Sadly, we all remember that period, beginning in 1980, when the 
Commission turned away from its factfinding mission, Congress seriously 
considered abolishing the agency. However, a compromise bill 
reconstituting the Commission was enacted in 1983. Commission 
membership was expanded and the method for appointing Commissioners and 
selecting the chairperson, vice chairperson and staff director was 
changed.
  The Commission still has not fully resumed its statutory mandate. 
Those who have followed Commission meetings and hearings for the past 2 
years notice an absence of scholarly debate and a penchant for 
bickering over administrative rather than policy matters.
  From 1957 to 1983, the Commissioners and staff director were 
appointed by the President with the advice and consent of the Senate. I 
believe there is a direct connection between the Commission's past 
reputation for scholarly work and the rigors of Senate confirmation. 
And if, after this reauthorization, the Commission fails to fully 
resume its factfinding mandate, I hope the next Congress will consider 
returning to Senate confirmation.
  H.R. 4999 rewrites more concisely the 1983 Civil Rights Commission 
Act. For example, it eliminates provisions of the 1983 act regarding 
the conduct of Commission hearings. The provisions are unnecessary 
because the Commission's hearings are subject to the Sunshine in 
Government Act.
  The bill restates the Commission's longstanding factfinding duties 
with respect to discrimination and denials of equal protection of the 
laws because of color, race, religion, sex, age, disability, or 
national origin or in the administration of justice.
  New authority is granted to the Commission to prepare public service 
announcements and advertising campaigns to discourage discrimination. 
The Commission is also authorized to use depositions and written 
interrogatories to obtain information and testimony about matters that 
are the subject of a Commission hearing or report.
  Following publication of a report by the General Accounting Office in 
August 1994, entitled ''Commissioners' Travel Activities'', the bill 
clarifies that the longstanding provision prohibiting the Commission 
from accepting or using the services of voluntary or uncompensated 
persons applies to the Commissioners.
  The Commission's life is extended for 1 year and $9,500,000 is 
authorized for appropriations in fiscal year 1995. The committee 
expects that the modest increase in appropriations authorized by this 
bill will enhance the Commission's ability to return to its factfinding 
mandate.
  Since 1957, when the Commission was created, civil rights issues and 
solutions have become more complex. I have no doubt that our Nation 
will benefit greatly from the advice and counsel of a Civil Rights 
Commission that is committed to vigorously carrying out its statutory 
mandate. I urge this Commission to meet that challenge and I urge your 
support of H.R. 4999.
  Mr. HYDE Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York [Mr. Fish], the ranking Republican on the 
Committee on the Judiciary.
  (Mr. FISH asked and was given permission to revise and extend his 
remarks.)
  Mr. FISH. Mr. Speaker, although this Nation has taken monumental 
steps toward eradicating discrimination and achieving equality for men 
and women of all races and creeds, there is still much work to be done. 
The U.S. Commission on Civil Rights plays a pivotal role in helping to 
point out where we have fallen short and what steps we can take to 
insure that our civil rights laws are fairly and effectively enforced.
  Our experience over the past 3 years, since we last authorized the 
Commission, is that it has taken steps to becoming more focused and 
more productive in carrying out its congressional mandate.
  H.R. 4999, as reported by the Committee on the Judiciary, authorizes 
the Commission for 1 year and grants explicit authority to the 
Commission to make public service announcements. Otherwise, the bill 
maintains the current structure of the Commission.
  I support this legislation and urge my colleagues to do so as well.
  Mr. Speaker, I am glad to have the opportunity to speak on this bill. 
My friend, the gentleman from California [Mr. Edwards] is leaving the 
Congress after 3 decades as the congressional watchdog of civil rights 
abuses and discrimination and shaping our responses. I have learned 
from Don Edwards and appreciate having worked with him on every civil 
rights bill considered in the last 25 years. I say to the gentleman, 
``The Congress and country will miss you Don Edwards.''
  Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the majority party has chairmen, and they get 
courthouses named after them, and the minority party sometimes is 
tolerated and retires with kind of in-house glory. I do not want to let 
this moment pass without saying that the gentleman from New York [Mr. 
Fish] is the nicest person I have ever met. I have had more sheer joy, 
pleasure, and professional satisfaction from working with him over 
these years, and, as he leaves, he will be painfully missed, a 
gentleman in the fullest sense of the word, and I tried to think of a 
way to encapsulate him in his chosen profession, and I would refer to 
him as a diamond in a sea of zircons. He will be sorely missed.

                              {time}  1250

  Mr. BROOKS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like at this time to endorse the comments of my 
very erudite colleague, the gentleman from Illinois [Mr. Hyde].
  Mr. Speaker, I yield to our colleague, the gentleman from California 
[Mr. Edwards].
  Mr. EDWARDS of California. Mr. Speaker, I thank the gentleman for 
yielding me the time.
  Mr. Speaker, I am filled with humility and a sense of sadness about 
leaving colleagues such as those who have spoken this morning. We have 
worked together in ways that we thought were for the best interests of 
our country. The gentleman from New York [Mr. Fish] and the gentleman 
from Illinois [Mr. Hyde] were amongst the authors of the very important 
1982 rewriting of the Voting Rights Act that made it really effective 
throughout the country.
  The gentleman from Illinois [Mr. Hyde] and I traveled throughout the 
South and other States and found to our dismay that even 17 years after 
the Voting Rights Act first had been passed, voting privileges were 
being denied wholesale to Americans because of their race. We worked 
together, and the gentleman from New York [Mr. Fish], as usual, 
manfully assisted us as he has done on civil rights and constitutional 
rights throughout his entire career.
  Indeed, Mr. Speaker, I am just honored by this. When I go into 
retirement in a few months, I am going to look back with nostalgia at 
the hours and days and months and years I have worked with these finest 
of public servants.
  Mr. BROOKS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Jersey [Mr. Hughes].
  Mr. HUGHES. Mr. Speaker, I thank the chairman of the Committee on the 
Judiciary for yielding this time to me, and I rise in very strong 
support of H.R. 4999, the Civil Rights Commission Reauthorization Act.
  I take this time just to offer my sincerest congratulations and very 
best wishes to Congressman Don Edwards, the distinguished chairman of 
the subcommittee, not just for this bill but for really all his years 
of service. He has indeed been the guardian of the Constitution for 
about eight decades. Nobody has worked harder for civil rights and 
constitutional rights than has Don Edwards over the years.
  And the gentleman from New York, Mr. Hamilton Fish, is also leaving 
the Congress at the end of this session. Ham Fish is unquestionably one 
of the experts on immigration as well as civil rights, one of the 
earliest supporters of civil rights legislation in this Congress.
  This body is going to sadly miss Don Edwards and Hamilton Fish. They 
have been great Members of this body. They are the epitome of what is 
right about this institution. There are a lot of things right. We hear 
about all the things that are wrong about Congress and the country, but 
these are examples of what is right about this institution, and I wish 
them every success in the years ahead.
  Mr. BROOKS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Montgomery). The question is on the 
motion offered by the gentleman from Texas [Mr. Brooks] that the House 
suspend the rules and pass the bill, H.R. 4999, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.
  Mr. BROOKS. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 2372) to reauthorize for 3 years 
the Commission on Civil Rights, and for other purposes, and ask for its 
immediate consideration.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 2372

       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 
     Reauthorization Act of 1994''.

     SEC. 2. REAUTHORIZATION.

       Section 7 of the United States Commission on Civil Rights 
     Act (42 U.S.C. 1975e) is amended to read as follows:

     ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     Act $9,500,000 for fiscal year 1995.''.

     SEC. 3. TERMINATION.

       Section 8 of the United States Commission on Civil Rights 
     Act (42 U.S.C. 1973f) is amended by striking ``1994'' and 
     inserting ``1997''.


                      motion offered by mr. brooks

  Mr. BROOKS. Mr. Speaker, I offer a motion.
  The Clerk read as follows:

       Mr. Brooks moves to strike all after the enacting clause of 
     S. 2372 and insert in lieu thereof the provisions of H.R. 
     4999, as passed by the House.

  The motion was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read: ``A bill to 
amend the United States Commission on Civil Rights Act of 1983.''
  A motion to reconsider was laid on the table.
  A similar bill (H.R. 4999) was laid on the table.

                          ____________________