42 U.S.C. § 1975a — Duties of Commission

Page 5228 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1975a ‘‘(9) The Attorney General shall appoint one mem- ber from within the Department of Justice who is an expert in racial disparities within the criminal jus- tice system. ‘‘(10) The Secretary of Health and Human Services shall appoint one member from within the Depart- ment of Health and Human Services who is an expert in health issues facing Black men. ‘‘(11) The Secretary of Housing and Urban Develop- ment shall appoint one member from within the De- partment of Housing and Urban Development who is an expert in housing and development in urban com- munities. ‘‘(12) The Secretary of Labor shall appoint one member from within the Department of Labor who is an expert in labor issues impacting Black men. ‘‘(13) The President of the United States shall ap- point 2 members who are not employed by the Fed- eral Government and are experts on issues affecting Black men and boys in America. ‘‘(c) MEMBERSHIP BY POLITICAL PARTY.—If after the Commission is appointed there is a partisan imbalance of Commission members, the congressional leaders of the political party with fewer members on the Commis- sion shall jointly name additional members to create partisan parity on the Commission. ‘‘SEC. 3. OTHER MATTERS RELATING TO APPOINT- MENT; REMOVAL. ‘‘(a) TIMING OF INITIAL APPOINTMENTS.—Each initial appointment to the Commission shall be made no later than 90 days after the Commission is established. If any appointing authorities fail to appoint a member to the Commission, their appointment shall be made by the Staff Director of the Commission on Civil Rights. ‘‘(b) TERMS.—Except as otherwise provided in this section, the term of a member of the Commission shall be 4 years. For the purpose of providing staggered terms, the first term of those members initially ap- pointed under paragraphs (1) through (5) of section 2 shall be appointed to 2-year terms with all other terms lasting 4 years. Members are eligible for consecutive re- appointment. ‘‘(c) REMOVAL.—A member of the Commission may be removed from the Commission at any time by the ap- pointing authority should the member fail to meet Commission responsibilities. Once the seat becomes va- cant, the appointing authority is responsible for filling the vacancy in the Commission before the next meet- ing. ‘‘(d) VACANCIES.—The appointing authority of a mem- ber of the Commission shall either reappoint that member at the end of that member’s term or appoint another person meeting the qualifications for that ap- pointment. In the event of a vacancy arising during a term, the appointing authority shall, before the next meeting of the Commission, appoint a replacement to finish that term. ‘‘SEC. 4. LEADERSHIP ELECTION. ‘‘At the first meeting of the Commission each year, the members shall elect a Chair and a Secretary. A va- cancy in the Chair or Secretary shall be filled by vote of the remaining members. The Chair and Secretary are eligible for consecutive reappointment. ‘‘SEC. 5. COMMISSION DUTIES AND POWERS. ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—The Commission shall conduct a systematic study of the conditions affecting Black men and boys, including homicide rates, arrest and incarceration rates, poverty, violence, fatherhood, mentorship, drug abuse, death rates, disparate in- come and wealth levels, school performance in all grade levels including postsecondary education and college, and health issues. ‘‘(2) TRENDS.—The Commission shall document trends regarding the topics described in paragraph (1) and report on the community impacts of relevant government programs within the scope of such topics. ‘‘(b) PROPOSAL OF MEASURES.—The Commission shall propose measures to alleviate and remedy the under- lying causes of the conditions described in subsection (a), which may include recommendations of changes to the law, recommendations for how to implement re- lated policies, and recommendations for how to create, develop, or improve upon government programs. ‘‘(c) SUGGESTIONS AND COMMENTS.—The Commission shall accept suggestions or comments pertinent to the applicable issues from members of Congress, govern- mental agencies, public and private organizations, and private citizens. ‘‘(d) STAFF AND ADMINISTRATIVE SUPPORT.—The Office of the Staff Director of the United States Commission on Civil Rights shall provide staff and administrative support to the Commission. All entities of the United States Government shall provide information that is otherwise a public record at the request of the Commis- sion. ‘‘SEC. 6. COMMISSION MEETING REQUIREMENTS. ‘‘(a) FIRST MEETING.—The first meeting of the Com- mission shall take place no later than 30 days after the initial members are all appointed. Meetings shall be fo- cused on significant issues impacting Black men and boys, for the purpose of initiating research ideas and delegating research tasks to Commission members to initiate the first annual report described in section 7. ‘‘(b) QUARTERLY MEETINGS.—The Commission shall meet quarterly. In addition to all quarterly meetings, the Commission shall meet at other times at the call of the Chair or as determined by a majority of Commis- sion members. ‘‘(c) QUORUM; RULE FOR VOTING ON FINAL ACTIONS.—A majority of the members of the Commission constitute a quorum, and an affirmative vote of a majority of the members present is required for final action. ‘‘(d) EXPECTATIONS FOR ATTENDANCE BY MEMBERS.— Members are expected to attend all Commission meet- ings. In the case of an absence, members are expected to report to the Chair prior to the meeting and allow- ance may be made for an absent member to participate remotely. Members will still be responsible for ful- filling prior commitments, regardless of attendance status. If a member is absent twice in a given year, he or she will be reviewed by the Chair and appointing au- thority and further action will be considered, including removal and replacement on the Commission. ‘‘(e) MINUTES.—Minutes shall be taken at each meet- ing by the Secretary, or in that individual’s absence, the Chair shall select another Commission member to take minutes during that absence. The Commission shall make its minutes publicly available and acces- sible not later than one week after each meeting. ‘‘SEC. 7. ANNUAL REPORT GUIDELINES. ‘‘The Commission shall make an annual report, be- ginning the year of the first Commission meeting. The report shall address the current conditions affecting Black men and boys and make recommendations to ad- dress these issues. The report shall be submitted to the President, the Congress, members of the President’s Cabinet, and the chairs of the appropriate committees of jurisdiction. The Commission shall make the report publicly available online on a centralized Federal website. ‘‘SEC. 8. COMMISSION COMPENSATION. ‘‘Members of the Commission shall serve on the Com- mission without compensation.’’ § 1975a. Duties of Commission (a) Generally The Commission— (1) shall investigate allegations in writing under oath or affirmation relating to depriva- tions— (A) because of color, race, religion, sex, age, disability, or national origin; or (B) as a result of any pattern or practice of fraud; 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