Text: S.1264 — 102nd Congress (1991-1992)All Information (Except Text)

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S 1264 IS
102d CONGRESS
1st Session
S. 1264
To extend the United States Commission on Civil Rights, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 11, 1991
Mr. SIMON introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To extend 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 `United States Commission on Civil Rights
  Act of 1991'.
SEC. 2. REFERENCES.
  Except as otherwise specifically provided, whenever in this Act an amendment
  or repeal is expressed in terms of an amendment to, or a repeal of, a
  section or other provision, the reference shall be considered to be made
  to a section or other provision of the United States Commission on Civil
  Rights Act of 1983 (42 U.S.C. 1975 et seq.).
SEC. 3.  ESTABLISHMENT OF THE COMMISSION.
  Section 2 (42 U.S.C. 1975) is amended--
  (1) in subsection (a), by adding at the end the following new sentence:
  `The Commission shall be an independent, nonpartisan, fact-finding body.';
  (2) in subsection (b)(1)(A), by inserting before the semicolon the following:
  `, and of the members appointed not more than three shall be appointed
  from the same political party'; and
  (3) by striking subsection (c) and inserting the following new subsection:
  `(c)(1) There shall be a Chairperson and a Vice Chairperson of the Commission
  (hereafter in this Act referred to as the `Chairperson' and the `Vice
  Chairperson', respectively), who shall be selected by a majority of the
  members of the Commission, from the membership of the Commission.
  `(2) The Chairperson and Vice Chairperson shall serve for terms of 3 years
  and may serve successive terms.
  `(3) The Vice Chairperson shall act in the place of the Chairperson in
  the absence of the Chairperson.
  `(4) In the absence of the Chairperson and the Vice Chairperson, the
  senior member of the Commission shall serve as the Acting Chairperson of
  the Commission.'.
SEC. 4. EVIDENCE OR TESTIMONY IN EXECUTIVE SESSION.
  Section 3(g) (42 U.S.C. 1975a(g)) is amended--
  (1) by inserting `(1)' after the subsection designation;
  (2) in paragraph (1) (as designated by paragraph (1) of this section),
  by striking `Whoever' and inserting `A party who'; and
  (3) by adding at the end the following new paragraph:
  `(2) The term `party' means--
  `(A) a person whose services are compensated by the Federal Government; or
  `(B) an individual appointed under section 6(c) who provides voluntary
  services to the Commission.'.
SEC. 5. COMPENSATION OF MEMBERS OF THE COMMISSION.
  Section 4(a) (42 U.S.C. 1975b(a)) is amended--
  (1) by inserting `(1)' after the subsection designation;
  (2) in paragraph (1) (as designated by paragraph (1) of this paragraph),
  by striking `shall receive a sum equivalent' and all that follows through
  `work of the Commission, shall' and inserting `shall receive compensation
  equal to the hourly equivalent of the rate specified for level IV of the
  Executive Schedule under section 5315 of title 5, United States Code,
  for each hour the member is engaged in the work of the Commission, and,
  while engaged in the work, shall'; and
  (3) by adding at the end the following new paragraph:
  `(2) The total compensation that a member of the Commission may receive
  under subparagraph (a) in any one calendar year shall not exceed one-half
  of the rate specified for level IV of the Executive Schedule under section
  5315 of title V, United States Code.'.
SEC. 6. DUTIES OF THE COMMISSION.
  Section 5 (42 U.S.C. 1975c) is amended--
  (1) by striking subsection (a) and inserting the following new subsection:
  `(a) The Commission shall--
  `(1) investigate allegations that--
  `(A) are made in writing;
  `(B) are made under oath or affirmation;
  `(C) set forth facts on which such allegations are based; and
  `(D) allege that certain citizens of the United States--
  `(i) are being denied the right to vote, and have such vote properly counted,
  on the basis of the race, color, religion, sex, age, language, disability,
  or national origin, of the citizens; or
  `(ii) are unlawfully being accorded or denied the right to vote, and have
  such vote properly counted, in any election of a Presidential elector,
  Member of the Senate, or Member of the House of Representatives, as a
  result of a pattern or practice of fraud or discrimination in the conduct
  of such election;
  `(2) study and collect information, and appraise the laws and policies
  of the Federal Government, concerning legal developments constituting
  discrimination, or a denial of equal protection of the laws under the
  Constitution, on the basis of race, color, religion, sex, age, language,
  disability, or national origin, with respect to--
  `(A) administration of justice;
  `(B) educational opportunity;
  `(C) employment opportunity; and
  `(D) equal housing opportunity; and
  `(3) serve as a national clearinghouse for information concerning
  discrimination, or denial of equal protection of the laws under the
  Constitution, on the basis of race, color, religion, sex, age, language,
  disability, or national origin, with respect to activities including--
  `(A) voting;
  `(B) education;
  `(C) housing;
  `(D) employment;
  `(E) use of public facilities;
  `(F) transportation; and
  `(G) administration of justice.';
  (2) by striking subsection (c) and inserting the following new subsection:
  `(c)(1) The Commission shall submit an annual report to the appropriate
  committees of Congress and to the President containing information
  concerning--
  `(A) the existing status of civil rights in the United States;
  `(B) the enforcement of civil rights laws by Federal, State, and local
  governments;
  `(C) the existing status of the political, social, and economic equality
  of minorities and women;
  `(D) the impact of Federal fiscal policies, programs, and activities on
  minorities and women; and
  `(E) any other information that the Chairperson determines to be appropriate.
  `(2)(A) The Commission shall appraise the laws and policies of each State and
  the Federal Government to determine the impact of the laws and policies on--
  `(i) denial of the right of minority groups, including African Americans,
  Hispanic Americans, Asian Americans, Native Americans, Americans from the
  Pacific Islands, women, and disabled individuals, to vote; and
  `(ii) the political participation of the minority groups.
  `(B) The Commission shall include the result of the appraisals conducted
  under subparagraph (A) in the reports required under paragraph (1).';
  (3) by striking subsection (d) and inserting the following new subsection:
  `(d) The Commission may submit an amicus curiae brief to the Supreme Court of
  the United States on any matter within the jurisdiction of the Commission,
  if a majority of the members of the Commission approve the submission of
  such brief.'; and
  (4) by striking subsection (f).
SEC. 7. POWERS OF THE COMMISSION.
  Section 6 of the Act (42 U.S.C. 1975d) is amended--
  (1) in subsection (a)--
  (A) in paragraph (1)--
  (I) by inserting `(A)' after the paragraph designation;
  (II) in subparagraph (A) (as designated by subparagraph (A) of this
  paragraph), by--
  (i) striking `staff director' and inserting `Executive Director'; and
  (ii) striking `appointed' and all that follows and inserting `selected by
  a majority of the members of the Commission.'; and
  (III) by adding at the end the following new subparagraphs:
  `(B) The Executive Director shall serve as the chief operating officer of
  the Commission and shall be responsible for the day-to-day operations of
  the agency, including matters pertaining to employment, use and expenditure
  of funds, and general administration, consistent with policies determined
  by the Commission.
  `(C) In the event of a vacancy in the position of Executive Director,
  the Chairperson shall designate, with the concurrence of a majority of
  the members of the Commission, an employee of the Commission to serve as
  Acting Executive Director.
  `(D) The Executive Director shall receive compensation at the rate specified
  for level II of the Executive Schedule under section 5313 of title 5,
  United States Code.'; and
  (B) by striking paragraph (2) and inserting the following new paragraph:
  `(2) Notwithstanding any other provision of law, the Commission shall
  be bound by the provisions of title 5, United States Code, by which the
  Commission on Civil Rights, established by the Civil Rights Act of 1957,
  was bound.';
  (2) by striking subsection (b) and inserting the following new subsection:
  `(b)(1) Except as provided in section 3111 of title 5, United States Code,
  and in paragraph (2)(B), the Commission shall not accept voluntary services.
  `(2) Subject to paragraph (4), the Commission may, in order to carry out
  the duties of the Commission--
  `(A) accept, use, and dispose of gifts or donations and property, made by
  Federal, State, or local agencies, or individuals appointed under section
  2(b)(1) or section 6(c); and
  `(B) notwithstanding section 1342 of title 31, United States Code, accept
  voluntary services provided by an agency described in subparagraph (A)
  or an individual appointed under section 6(c).
  `(3) Subject to paragraph (4), and in accordance with the policy and
  program direction established by the members of the Commission and
  with the clearinghouse function of the agency, the Commission may enter
  into cooperative agreements with Federal, State and local agencies to
  participate in--
  `(A) public information programs, including forums, conferences or other
  educational events; and
  `(B) such other activities as, from time to time, may be necessary to
  carry out the duties of the Commission.
  `(4)(A) The Commission may accept, use, and dispose of the gifts and
  donations of property described in subparagraph (A), and accept the
  voluntary services described in subparagraph (B), of paragraph (2), and
  enter into the cooperative agreements described in paragraph (3), to the
  extent the acceptance, use, disposal, or entry into agreements--
  `(I) does not create the appearance of a conflict of interest because of
  the nature of--
  `(i) the persons, or affiliates of the persons, providing the gifts,
  donations, or voluntary services, or entering into the agreements; or
  `(ii) the activities that are the subject of the agreements; or
  `(II) does not constitute or imply an endorsement by the Commission of the
  products or services of the persons or affiliates described in clause (i)(I).
  `(B) The Commission shall ensure that a person entering into the cooperative
  agreements described in paragraph (3) shall receive appropriate recognition
  in the activities that are the subject of the agreements, to the extent
  that the recognition does not constitute or imply an endorsement by the
  Commission of, or give undue recognition to, the person.';
  (3) in subsection (c)--
  (A) by inserting `(1)(A)' after the subsection designation;
  (B) in paragraph (1) (as designated by subparagraph (A) of this paragraph),
  by adding at the end the following new subparagraph:
  `(B) As used in this paragraph, the term `State' includes the District
  of Columbia, Puerto Rico, and any commonwealth or territory of the United
  States.'; and
  (C) by adding at the end the following new paragraphs:
  `(2) An advisory committee established under paragraph (1) shall have the
  same investigative authority as the Commission has under section 3 except
  that such committee shall not--
  `(A) subpoena a witness or require such witness to produce written or
  other material for the Commission; or
  `(B) conduct investigations beyond the boundary of the State in which such
  committee is located.
  `(3) A member of an advisory committee shall not be considered to be an
  `officer' or `employee', as defined in sections 2104 and 2105, respectively,
  of title 5, United States Code.'; and
  (4) by adding at the end the following new subsection:
  `(j) The Commission may use not more than 0.1 percent of the funds
  appropriated under section 7 for official representation and reception.'.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
  Section 7 (42 U.S.C. 1975e) is amended to read as follows:
`SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  `There are authorized to be appropriated to carry out this Act such sums
  as may be necessary for each of the fiscal years 1992 through 1995.'.
SEC. 9. TERMINATION.
  Section 8 (42 U.S.C. 1975f) is amended by striking `1991' and inserting
  `1995'.
SEC. 10. CONFORMING AMENDMENTS.
  Subsections (a), (d), and (f) of section 3, and section 6(f) (42
  U.S.C. 1975a(a), (d), and (f), and 1975d(f)) are amended by striking
  `Chairman' each place the term appears and inserting `Chairperson'.

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