article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Board Civil Rights Compliance Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The passage of the Civil Rights Act of 1964 was a milestone embodying a national policy of equal protection under the law regardless of race, color, religion, sex, or national origin. (2) Title VII of the Civil Rights Act of 1964 protects individuals against discrimination in the workplace. (3) Section 717 of title VII of such Act applies to all personnel actions affecting employees and applicants for employment in an ``executive agency''. (4) An ``executive agency'' is defined in section 105 of title 5, United States Code, to include an ``independent establishment'' in the executive branch. (5) The Board of Governors of the Federal Reserve System exercises extensive regulatory and enforcement authority as a Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) with regard to State banks which are members of a Federal reserve bank, bank holding companies, and foreign bank operations in the United States under the Federal Reserve Act, the Bank Holding Company Act of 1956, the Banking Act of 1933, the International Banking Act of 1978, the Federal Deposit Insurance Act, and other Federal laws, including the authority to remove directors, officers, and employees from their positions in banks and bank holding companies, the authority to impose large civil money penalties, and the authority to order the divestiture of banks by bank holding companies. (6) The Supreme Court of the United States has stated in the case of Bowsher, Comptroller General of the United States v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986), that ``[i]nterpreting a law enacted by Congress to implement the legislative mandate is the very essence of `execution' of the law'' and noted that the exercise of judgment concerning facts that affect the application of an Act is typically made by officers charged with executing a statute, ibid. (7) The activities of the Board of Governors of the Federal Reserve System clearly constitute ``execution of the law'' and the Board is, therefore, clearly and unambiguously an independent establishment in the executive branch (as such term is used in section 104 of title 5, United States Code). (8) The Equal Employment Opportunity Commission, which is responsible for enforcing compliance with title VII of the Civil Rights Act of 1964, has consistently and properly interpreted title VII as applying to the Board of Governors of the Federal Reserve System. (9) The United States Court of Appeals for the District of Columbia Circuit established, in the case of Hilliard v. Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of Governors of the Federal Reserve System is an executive agency within the meaning of section 105 of title 5, United States Code, and section 717 of title VII of the Civil Rights Act of 1964. (10) The Board of Governors of the Federal Reserve System did not argue to the contrary while the case of Hilliard v. Volcker was before the United States Court of Appeals for the District of Columbia Circuit. (11) On October 17, 1994, a jury in the case Bennett v. Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of Governors of the Federal Reserve liable for racial discrimination, and retaliation, in violation of title VII of the Civil Rights Act of 1964. (12) The Board of Governors of the Federal Reserve System has repeatedly suggested in correspondence with the Congress that such Board is not an executive agency under section 105 of title 5, United States Code, and is therefore not covered by title VII of the Civil Rights Act of 1964. (13) The Board of Governors of the Federal Reserve System has acted inconsistently with current law in suggesting, despite-- (A) the unambiguous meaning of section 105 of title 5, United States Code, (B) the unambiguous language title VII of the Civil Rights Act of 1964, and (C) the clear applicability of title VII of the Civil Rights Act of 1964 to the Board of Governors of the Federal Reserve in several cases brought against the Board in the courts of the United States, that the Board is not covered by title VII of the Civil Rights Act of 1964. SEC. 3. REQUIRED POSTING OF NOTICES. The Board of Governors of the Federal Reserve System shall post and keep posted in conspicuous places upon its premises where such notices to employees and applicants for employment are customarily posted, and at such other places as the Equal Employment Opportunity Commission may determine, a notice to be prepared or approved by the Commission setting forth-- (1) excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and (2) information pertinent to the rights and procedures applicable under such Acts to employees of, and applicants for employment by, the Board. SEC. 4. REPORT ON COMPLIANCE. Not later than 180 days after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall submit a report, to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, describing in detail the actions taken by the Board to achieve compliance with section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16).
summary: Federal Reserve Board Civil Rights Compliance Act of 1999 - Directs the Board of Governors of the Federal Reserve System to post at its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 and information pertinent to the rights and procedures applicable under such Act to Board employees and applicants. Requires the Board to report to the congressional banking committees on actions it has taken to achieve compliance with such Act.