[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          CIVIL RIGHTS COMMISSION REAUTHORIZATION ACT OF 1994

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on a bill (S. 2372) to 
reauthorize for 3 years the Commission on Civil Rights, and for other 
purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 2372) entitled 
     ``An Act to reauthorize for three years the Commission on 
     Civil Rights, and for other purposes'', do pass with the 
     following amendments:
       Strike out all after the enacting clause, and insert:

     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 an 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.''
       Amend the title so as to read: ``An Act to amend the United 
     States Commission on Civil Rights Act of 1983.''.


                           amendment no. 2629

 (Purpose: To extend the reauthorization period for an additional year)

  Mr. FORD. Mr. President, I move the Senate concur with the House 
amendments with a further amendment I now send to the desk on behalf of 
Senator Simon.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Simon, 
     proposes an amendment numbered 2629:
       On page 10, line 12, strike ``September 30, 1995'' and 
     insert ``September 30, 1996''.

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote.
  Mr. SIMPSON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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