[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 14 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. CON. RES. 14
Establishing the Commission on Addressing Racism and Ensuring Diversity
in the United States Government to study and make recommendations on
the elimination of systemic racism and the promotion of diversity in
the Federal Government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2021
Mr. Rush submitted the following concurrent resolution; which was
referred to the Committee on Oversight and Reform
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CONCURRENT RESOLUTION
Establishing the Commission on Addressing Racism and Ensuring Diversity
in the United States Government to study and make recommendations on
the elimination of systemic racism and the promotion of diversity in
the Federal Government, and for other purposes.
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. SHORT TITLE.
This concurrent resolution may be cited as the ``Abolish the Last
Great Plantation in America Resolution''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch the Commission on
Addressing Racism and Ensuring Diversity in the United States
Government (hereafter referred to as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 20
members appointed as follows not later than 90 days after the date of
the adoption of this resolution:
(1) Five members appointed by the Speaker of the House of
Representatives.
(2) Five members appointed by the minority leader of the
House of Representatives.
(3) Five members appointed by the majority leader of the
Senate.
(4) Five members appointed by the minority leader of the
Senate.
(b) Qualifications.--Each member of the Commission shall have
expertise in the areas of racial justice, equal opportunity, and
diversity and employment law.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chair; Vice Chair.--The members of the Commission shall elect a
Chair and Vice Chair from the membership.
(e) Compensation of Members.--
(1) Rate of pay.--A member of the Commission shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed reasonable travel expenses, including per diem in lieu
of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of business
in the performance of services for the Commission.
SEC. 4. PERSONNEL.
(a) Chief of Staff.--
(1) Appointment.--Not later than 45 days after the initial
meeting of the Commission, the Commission shall appoint one
individual, without regard to political affiliation, as Chief
of Staff of the Commission.
(2) Requirements.--The individual appointed as Chief of
Staff--
(A) shall be a private citizen of the United States
of integrity and impartiality who is a distinguished
professional; and
(B) may not be a present employee of the Federal
Government.
(3) Candidate to have clearances.--A candidate for Chief of
Staff shall be granted the necessary security clearances in an
accelerated manner subject to the standard procedures for
granting such clearances.
(4) Approval contingent on prior clearance.--A candidate
for Chief of Staff shall qualify for the necessary security
clearance prior to appointment by the Commission.
(5) Duties.--The Chief of Staff shall--
(A) serve as principal liaison to Government
offices; and
(B) be responsible for the administration of all
official activities conducted by the Commission.
(6) Removal.--The Chief of Staff shall not be removed for
reasons other than by a majority vote of the Commission for
cause on the grounds of inefficiency, neglect of duty,
malfeasance in office, physical disability, mental incapacity,
or any other condition that substantially impairs the
performance of the responsibilities of the Chief of Staff or
the staff of the Commission.
(b) Staff.--
(1) Additional personnel.--In consultation with the members
of the Commission, the Chief of Staff may appoint and fix the
pay of such additional personnel as are necessary to enable the
Commission to perform its duties. Such personnel may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and (subject to subsection (c)) may be paid without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates.
(2) Requirements.--A person appointed to the staff of the
Commission--
(A) shall be a private citizen of integrity and
impartiality; and
(B) may not be an employee of the Federal
Government.
(3) Security clearances.--A candidate for a position on the
staff of the Commission shall qualify for the necessary
security clearance prior to appointment.
(c) Compensation.--The Commission shall fix the compensation of the
Chief of Staff and other personnel in accordance with title 5, United
States Code, except that the rate of pay for the Chief of Staff and
other personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of that title.
(d) Advisory Committees.--The Commission shall have the authority
to create advisory committees to assist in fulfilling the
responsibilities of the Commission under this Act.
(e) Application of Congressional Accountability Act of 1995.--For
purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301
et seq.)--
(1) the Commission shall be considered an employing office;
and
(2) the employees of the Commission shall be considered
covered employees.
SEC. 5. DUTIES.
(a) Study.--The Commission shall conduct a study on the presence of
system racism and the lack of diversity in the Federal Government, and
on steps the Federal Government may take to eliminate racism and
promote diversity in the government.
(b) Reports.--
(1) Final report.--Not later than 1 year after the
appointment of all of its members, the Commission shall submit
to Congress a final report on the study conducted under
subsection (a), and shall include in the report such
recommendations as the Commission considers appropriate.
(2) Interim reports.--In addition to the final report under
paragraph (1), the Commission may submit to Congress such
interim reports as it considers appropriate.
(3) Minority reports.--The Commission may include in any
report submitted under this subsection a report containing
minority views.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Architect of the Capitol shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after submitting its final
report under section 5(b)(1).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary for fiscal year 2021, of which--
(1) 50 percent shall be derived from the applicable
accounts of the House of Representatives; and
(2) 50 percent shall be derived from the contingent fund of
the Senate.
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