article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment Opportunity Commission Amendments of 1993''. SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at the end thereof the following: ``(f)(1) If any agency, department, or unit referred to in subsection (a) fails to submit the plan required under subsection (b) by the time established by the Commission, the Commission may request the head of such agency, department, or unit (or the designated representative of such individual) to appear before the Commission to explain the reasons for the failure to submit the plan and to present any objections to any requirement of the Commission with respect to such plan. ``(2) If, after the head of any agency, department, or unit described in paragraph (1) has been given an opportunity for hearing by the Commission pursuant to such paragraph, such agency, department, or unit has not submitted the plan required under subsection (b), the Commission shall order such agency, department, or unit or any officer or employee of such agency, department, or unit to submit the plan before the end of such period as the Commission determines to be reasonable. The Commission shall enforce compliance with such order. ``(3)(A) In enforcing compliance with any order under paragraph (2), the Commission may initiate a proceeding to determine-- ``(i) who is the officer or employee of the United States responsible for the failure of the agency, department, or unit to comply with such order and the circumstances surrounding the failure to comply, and ``(ii) whether any disciplinary action is warranted against such officer or employee for such failure to comply. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative head of the agency, department, or unit in which such officer or employee is employed and shall send copies of the findings to the officer or employee or his representative. The administrative head of the agency, department, or unit in which such officer or employee is employed shall take any action recommended by the Commission. ``(B) In enforcing compliance with any order under paragraph (2), the Commission may issue an order that-- ``(i) any officer or employee of the agency, department, or unit charged with complying with the order under paragraph (2), or ``(ii) any officer or employee of the United States determined under subparagraph (A) to be responsible for the failure of the agency, department, or unit to comply with the order under paragraph (2), who is not an officer or employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an officer or employee for the period during which the order under paragraph (2) has not been complied with. The Commission shall certify to the Comptroller General of the United States that an order under this paragraph has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. ``(C) In enforcing compliance with any order under paragraph (2) with respect to any officer or employee described in clause (i) or (ii) of subparagraph (B) who is an officer or employee appointed by the President by and with the advice and consent of the Senate, the Commission may notify the President that such officer or employee has failed to obey a lawfully issued order of the Commission. ``(g)(1) The authority of the Commission under section 710 to summon witnesses and compel the production of evidence includes the authority to subpoena any officer or employee of the United States who has custody of any information which the Commission determines to be necessary or appropriate to enable it to carry out any duty imposed under this section and to compel the production of such evidence by such officer or employee. ``(2) The authority of the Commission under section 710 to apply for the aid of a district court of the United States to summon witnesses and compel the production of evidence includes the authority to seek such aid to summon officers or employees of the United States as witnesses and to compel the production of evidence referred to in paragraph (1). ``(3) For purposes of any civil action relating to any subpoena issued by the Commission to summon a witness or compel the production of any evidence referred to in paragraph (1), the limitation contained in section 705(b)(2) shall not apply.''. SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO CONTENT OF AFFIRMATIVE ACTION PLANS. (a) Employment Goals.--Section 717(b) is amended by inserting before the last sentence the following: ``Such plan shall also include the numerical employment goals established by such agency, department, or unit under section 7201(d) of title 5, United States Code.''. (b) Conforming Amendment.--Section 7201(d)(1) of title 5, United States Code, is amended by striking ``; and'' at the end thereof and inserting the following: ``which shall include the requirement that each Executive agency shall establish numerical employment goals for the purpose of measuring the progress of such agency toward achieving the requirements of this section and section 717(a) of the Civil Rights Act of 1964;''.
summary: Equal Employment Opportunity Commission Amendments of 1993 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.