42 U.S.C. § 1975b — Administrative provisions

Page 5229 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1975b 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 poli- cies 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 chapter or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its su- pervision or control, to inquire into or inves- tigate any membership practices or internal op- erations of any fraternal organization, any col- lege or university fraternity or sorority, any private club, or any religious organization. (c) Reports (1) Annual report The Commission shall submit to the Presi- dent and Congress at least one report annually that monitors Federal civil rights enforce- ment efforts in the United States. (2) Other reports generally The Commission shall submit such other re- ports 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 Commis- sion shall establish at least one such committee in each State and the District of Columbia com- posed 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 chap- ter, hold such hearings and act at such times and places as the Commission or such author- ized subcommittee deems advisable. Each member of the Commission shall have the power to administer oaths and affirmations in connection with the proceedings of the Com- mission. The holding of a hearing by the Com- mission or the appointment of a subcommittee to hold a hearing pursuant to this paragraph must be approved by a majority of the Com- mission, 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 produc- tion of written or other matter. Such a sub- poena may not require the presence of a wit- ness more than 100 miles outside the place wherein the witness is found or resides or is domiciled or transacts business, or has ap- pointed an agent for receipt of service of proc- ess. In case of contumacy or refusal to obey a subpoena, the Attorney General may in a Fed- eral 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 sub- ject of a Commission hearing or report. (f) Limitation relating to abortion Nothing in this chapter 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 govern- mental authority in the United States, with re- spect to abortion. (Pub. L. 98–183, § 3, Nov. 30, 1983, 97 Stat. 1302; Pub. L. 102–167, § 5, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4339.) Editorial Notes PRIOR PROVISIONS A prior section 1975a, Pub. L. 85–315, pt. I, § 102, Sept. 9, 1957, 71 Stat. 634; Pub. L. 88–352, title V, § 501, July 2, 1964, 78 Stat. 249; Pub. L. 91–521, § 4, Nov. 25, 1970, 84 Stat. 1357; Pub. L. 92–496, § 1, Oct. 14, 1972, 86 Stat. 813, established rules of procedure for Commission. See Codification note set out preceding section 1975 of this title. AMENDMENTS 1994—Pub. L. 103–419 amended section generally, sub- stituting provisions relating to duties of Commission for provisions relating to rules of procedure of Commis- sion hearings. 1991—Subsecs. (a), (d), (f). Pub. L. 102–167 substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing. § 1975b. 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 Commis- sion. (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 Page 5230 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1975c 1 So in original. The comma probably should not appear. (B) procure services, as authorized in sec- tion 3109 of title 5, but at rates for individ- uals 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. (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 equiva- lent to the compensation paid at level IV of the Executive Schedule under section 5315 of title 5, prorated on a daily basis for time spent in the work of the Commission. (2) Persons otherwise in Government service Each member of the Commission who is oth- erwise in the service of the Government of the United States shall serve without compensa- tion in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel ex- penses and per diem in lieu of subsistence ex- penses when away from such member’s usual place of residence, under subchapter I of chap- ter 57 of title 5. (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 serv- ices 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 chapter. (2) Continuation of old rules Except as inconsistent with this chapter, and until modified by the Commission, the rules of the Commission on Civil Rights in ef- fect 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 effec- tively carry out its functions and duties. (Pub. L. 98–183, § 4, Nov. 30, 1983, 97 Stat. 1304; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4340.) Editorial Notes PRIOR PROVISIONS A prior section 1975b, Pub. L. 85–315, pt. I, § 103, Sept. 9, 1957, 71 Stat. 635; Pub. L. 88–352, title V, §§ 502, 503, July 2, 1964, 78 Stat. 250, 251; Pub. L. 91–521, § 1, Nov. 25, 1970, 84 Stat. 1356; Pub. L. 92–496, § 2, Oct. 14, 1972, 86 Stat. 813; Pub. L. 95–444, § 2, Oct. 10, 1978, 92 Stat. 1067, related to compensation of members of Commission. See Codification note set out preceding section 1975 of this title. AMENDMENTS 1994—Pub. L. 103–419 amended section generally, sub- stituting administrative provisions for provisions re- lating to compensation of members of Commission. § 1975c. Authorization of appropriations There are authorized to be appropriated,1 to carry out this chapter $9,500,000 for fiscal year 1995. None of the sums authorized to be appro- priated for fiscal year 1995 may be used to create additional regional offices. (Pub. L. 98–183, § 5, Nov. 30, 1983, 97 Stat. 1304; Pub. L. 102–167, § 2, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4341.) Editorial Notes PRIOR PROVISIONS A prior section 1975c, Pub. L. 85–315, pt. I, § 104, Sept. 9, 1957, 71 Stat. 635; Pub. L. 86–383, title IV, § 401, Sept. 28, 1959, 73 Stat. 724; Pub. L. 87–264, title IV, § 401, Sept. 21, 1961, 75 Stat. 559; Pub. L. 88–152, § 2, Oct. 17, 1963, 77 Stat. 271; Pub. L. 88–352, title V, § 504, July 2, 1964, 78 Stat. 251; Pub. L. 90–198, § 1, Dec. 14, 1967, 81 Stat. 582; Pub. L. 92–496, §§ 3, 4, Oct. 14, 1972, 86 Stat. 813, 814; Pub. L. 95–444, § 3, Oct. 10, 1978, 92 Stat. 1067; Pub. L. 96–81, § 2, Oct. 6, 1979, 93 Stat. 642, related to duties of Commis- sion. See Codification note set out preceding section 1975 of this title. AMENDMENTS 1994—Pub. L. 103–419 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal year 1995 for provisions relating to duties of Com- mission. 1991—Subsec. (f). Pub. L. 102–167, which directed the insertion of ‘‘The Commission shall, in addition to any other reports under this section, submit at least one annual report that monitors Federal civil rights en- forcement efforts in the United States to Congress and to the President.’’ at the end of this section, was exe- cuted by making the insertion at the end of subsec. (f). § 1975d. Termination This chapter shall terminate on September 30, 1996. (Pub. L. 98–183, § 6, Nov. 30, 1983, 97 Stat. 1305; Pub. L. 102–167, § 5, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4342.) Editorial Notes PRIOR PROVISIONS A prior section 1975d, Pub. L. 85–315, pt. I, § 105, Sept. 9, 1957, 71 Stat. 636; Pub. L. 86–449, title IV, § 401, May 6, 1960, 74 Stat. 89; Pub. L. 88–352, title V, §§ 505–507, July 2, 1964, 78 Stat. 251, 252; Pub. L. 91–521, § 2, Nov. 25, 1970, 84 Stat. 1356; Pub. L. 92–496, § 5, Oct. 14, 1972, 86 Stat. 814; Pub. L. 95–444, §§ 4–6, Oct. 10, 1978, 92 Stat. 1067, 1068, re- lated to powers of Commission. See Codification note set out preceding section 1975 of this title. AMENDMENTS 1994—Pub. L. 103–419 amended section generally, sub- stituting provisions terminating this chapter Sept. 30, 1996, for provisions relating to powers of Commission. 1991—Subsec. (f). Pub. L. 102–167 substituted ‘‘Chair- person’’ for ‘‘Chairman’’ in two places. §§ 1975e, 1975f. Omitted Editorial Notes CODIFICATION Sections 1975e and 1975f were omitted in the general amendment of this chapter by Pub. L. 103–419.