US (United States) Code. Title 42. Chapter 20A: Civil Rights Commision

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 13 páginas
publicidad

-CITE-

42 USC CHAPTER 20A - CIVIL RIGHTS COMMISSION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-MISC1-

Sec.

1975. Establishment of Commission.

(a) Generally.

(b) Membership.

(c) Terms.

(d) Chairperson.

(e) Removal of members.

(f) Quorum.

1975a. Duties of Commission.

(a) Generally.

(b) Limitations on investigatory duties.

(c) Reports.

(d) Advisory committees.

(e) Hearings and ancillary matters.

(f) Limitation relating to abortion.

1975b. Administrative provisions.

(a) Staff.

(b) Compensation of members.

(c) Voluntary or uncompensated personnel.

(d) Rules.

(e) Cooperation.

1975c. Authorization of appropriations.

1975d. Termination.

1975e, 1975f. Omitted.

-COD-

CODIFICATION

A prior chapter 20A, which provided for the establishment of a

Commission on Civil Rights in the executive branch, was comprised

of part I (Secs. 101-106) of Pub. L. 85-315, Sept. 9, 1957, 71

Stat. 634, and was omitted from the Code in view of the termination

of the Commission 60 days after the submission of the Commission's

final report which was due not later than Sept. 30, 1983.

-End-

-CITE-

42 USC Sec. 1975 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

Sec. 1975. Establishment of Commission

-STATUTE-

(a) Generally

There is established the United States Commission on Civil Rights

(hereinafter in this chapter referred to as the "Commission").

(b) Membership

The Commission shall be composed of 8 members. Not more than 4 of

the members shall at any one time be of the same political party.

The initial membership of the Commission shall be the members of

the United States Commission on Civil Rights on September 30, 1994.

Thereafter vacancies in the membership of the Commission shall

continue to be appointed as follows:

(1) 4 members of the Commission shall be appointed by the

President.

(2) 2 members of the Commission shall be appointed by the

President pro tempore of the Senate, upon the recommendations of

the majority leader and the minority leader, and of the members

appointed not more than one shall be appointed from the same

political party.

(3) 2 members of the Commission shall be appointed by the

Speaker of the House of Representatives upon the recommendations

of the majority leader and the minority leader, and of the

members appointed not more than one shall be appointed from the

same political party.

(c) Terms

The term of office of each member of the Commission shall be 6

years. The term of each member of the Commission in the initial

membership of the Commission shall expire on the date such term

would have expired as of September 30, 1994.

(d) Chairperson

(1) Except as provided in paragraphs (2) and (3), the individuals

serving as Chairperson and Vice Chairperson of the United States

Commission on Civil Rights on September 30, 1994 shall initially

fill those roles on the Commission.

(2) Thereafter the President may, with the concurrence of a

majority of the Commission's members, designate a Chairperson or

Vice Chairperson, as the case may be, from among the Commission's

members.

(3) The President shall, with the concurrence of a majority of

the Commission's members, fill a vacancy by designating a

Chairperson or Vice Chairperson, as the case may be, from among the

Commission's members.

(4) The Vice Chairperson shall act in place of the Chairperson in

the absence of the Chairperson.

(e) Removal of members

The President may remove a member of the Commission only for

neglect of duty or malfeasance in office.

(f) Quorum

5 members of the Commission constitute a quorum of the

Commission.

-SOURCE-

(Pub. L. 98-183, Sec. 2, Nov. 30, 1983, 97 Stat. 1301; Pub. L.

102-167, Sec. 5, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103-419,

Sec. 2, Oct. 25, 1994, 108 Stat. 4338.)

-MISC1-

PRIOR PROVISIONS

A prior section 1975, Pub. L. 85-315, pt. I, Sec. 101, Sept. 9,

1957, 71 Stat. 634, related to establishment, membership, etc., of

Commission on Civil Rights. See Codification note set out preceding

this section.

AMENDMENTS

1994 - Pub. L. 103-419 amended section generally, substituting

provisions relating to establishment of United States Commission on

Civil Rights for provisions relating to Commission on Civil Rights.

1991 - Subsec. (c). Pub. L. 102-167 substituted "Chairperson" for

"Chairman" wherever appearing.

SHORT TITLE OF 1994 AMENDMENT

Section 1 of Pub. L. 103-419 provided that: "This Act [amending

this section and sections 1975a to 1975d of this title, omitting

former sections 1975e and 1975f of this title, and amending

provisions set out as a note below] may be cited as the 'Civil

Rights Commission Amendments Act of 1994'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-400, Sec. 1, Oct. 7, 1992, 106 Stat. 1955, provided

that: "This Act [amending section 1975e of this title] may be cited

as the 'United States Commission on Civil Rights Authorization Act

of 1992'."

SHORT TITLE OF 1991 AMENDMENT

Section 1 of Pub. L. 102-167 provided that: "This Act [amending

this section and sections 1975a and 1975c to 1975f of this title]

may be cited as the 'United States Commission on Civil Rights

Reauthorization Act of 1991'."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-180, Sec. 1, Nov. 28, 1989, 103 Stat. 1325, provided

that: "This Act [amending sections 1975e and 1975f of this title]

may be cited as the 'Civil Rights Commission Reauthorization Act of

1989'."

SHORT TITLE

Section 1 of Pub. L. 98-183, as amended by Pub. L. 103-419, Sec.

2, Oct. 25, 1994, 108 Stat. 4338, provided that: "This Act

[enacting this chapter] may be cited as the 'Civil Rights

Commission Act of 1983'."

-End-

-CITE-

42 USC Sec. 1975a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

Sec. 1975a. Duties of Commission

-STATUTE-

(a) Generally

The Commission -

(1) shall investigate allegations in writing under oath or

affirmation relating to deprivations -

(A) because of color, race, religion, sex, age, disability,

or national origin; or

(B) as a result of any pattern or practice of fraud;

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 policies 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 supervision or control, to inquire into or investigate

any membership practices or internal operations of any fraternal

organization, any college or university fraternity or sorority, any

private club, or any religious organization.

(c) Reports

(1) Annual report

The Commission shall submit to the President and Congress at

least one report annually that monitors Federal civil rights

enforcement efforts in the United States.

(2) Other reports generally

The Commission shall submit such other reports 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 Commission shall establish at least one such

committee in each State and the District of Columbia composed 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 chapter, hold such hearings and act

at such times and places as the Commission or such authorized

subcommittee deems advisable. Each member of the Commission shall

have the power to administer oaths and affirmations in connection

with the proceedings of the Commission. The holding of a hearing

by the Commission or the appointment of a subcommittee to hold a

hearing pursuant to this paragraph must be approved by a majority

of the Commission, 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 production of written or other matter. Such a

subpoena may not require the presence of a witness more than 100

miles outside the place wherein the witness is found or resides

or is domiciled or transacts business, or has appointed an agent

for receipt of service of process. In case of contumacy or

refusal to obey a subpoena, the Attorney General may in a Federal

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

subject 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

governmental authority in the United States, with respect to

abortion.

-SOURCE-

(Pub. L. 98-183, Sec. 3, Nov. 30, 1983, 97 Stat. 1302; Pub. L.

102-167, Sec. 5, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103-419,

Sec. 2, Oct. 25, 1994, 108 Stat. 4339.)

-MISC1-

PRIOR PROVISIONS

A prior section 1975a, Pub. L. 85-315, pt. I, Sec. 102, Sept. 9,

1957, 71 Stat. 634; Pub. L. 88-352, title V, Sec. 501, July 2,

1964, 78 Stat. 249; Pub. L. 91-521, Sec. 4, Nov. 25, 1970, 84 Stat.

1357; Pub. L. 92-496, Sec. 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, substituting

provisions relating to duties of Commission for provisions relating

to rules of procedure of Commission hearings.

1991 - Subsecs. (a), (d), (f). Pub. L. 102-167 substituted

"Chairperson" for "Chairman" wherever appearing.

-End-

-CITE-

42 USC Sec. 1975b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

Sec. 1975b. Administrative provisions

-STATUTE-

(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 Commission.

(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

(B) procure services, as authorized in section 3109 of title

5, but at rates for individuals 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 equivalent 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 otherwise in the service

of the Government of the United States shall serve without

compensation in addition to that received for such other service,

but while engaged in the work of the Commission shall be paid

actual travel expenses and per diem in lieu of subsistence

expenses when away from such member's usual place of residence,

under subchapter I of chapter 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 services 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

effect 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 effectively carry out its functions and duties.

-SOURCE-

(Pub. L. 98-183, Sec. 4, Nov. 30, 1983, 97 Stat. 1304; Pub. L.

103-419, Sec. 2, Oct. 25, 1994, 108 Stat. 4340.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(2)(A), are set

out in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (a)(2)(A), are

classified generally to chapter 51 (Sec. 5101 et seq.) and

subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5.

-MISC1-

PRIOR PROVISIONS

A prior section 1975b, Pub. L. 85-315, pt. I, Sec. 103, Sept. 9,

1957, 71 Stat. 635; Pub. L. 88-352, title V, Secs. 502, 503, July

2, 1964, 78 Stat. 250, 251; Pub. L. 91-521, Sec. 1, Nov. 25, 1970,

84 Stat. 1356; Pub. L. 92-496, Sec. 2, Oct. 14, 1972, 86 Stat. 813;

Pub. L. 95-444, Sec. 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, substituting

administrative provisions for provisions relating to compensation

of members of Commission.

-End-

-CITE-

42 USC Sec. 1975c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

Sec. 1975c. Authorization of appropriations

-STATUTE-

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 appropriated for fiscal year 1995 may be used to

create additional regional offices.

-SOURCE-

(Pub. L. 98-183, Sec. 5, Nov. 30, 1983, 97 Stat. 1304; Pub. L.

102-167, Sec. 2, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103-419,

Sec. 2, Oct. 25, 1994, 108 Stat. 4341.)

-MISC1-

PRIOR PROVISIONS

A prior section 1975c, Pub. L. 85-315, pt. I, Sec. 104, Sept. 9,

1957, 71 Stat. 635; Pub. L. 86-383, title IV, Sec. 401, Sept. 28,

1959, 73 Stat. 724; Pub. L. 87-264, title IV, Sec. 401, Sept. 21,

1961, 75 Stat. 559; Pub. L. 88-152, Sec. 2, Oct. 17, 1963, 77 Stat.

271; Pub. L. 88-352, title V, Sec. 504, July 2, 1964, 78 Stat. 251;

Pub. L. 90-198, Sec. 1, Dec. 14, 1967, 81 Stat. 582; Pub. L.

92-496, Secs. 3, 4, Oct. 14, 1972, 86 Stat. 813, 814; Pub. L.

95-444, Sec. 3, Oct. 10, 1978, 92 Stat. 1067; Pub. L. 96-81, Sec.

2, Oct. 6, 1979, 93 Stat. 642, related to duties of Commission. See

Codification note set out preceding section 1975 of this title.

AMENDMENTS

1994 - Pub. L. 103-419 amended section generally, substituting

provisions authorizing appropriations for fiscal year 1995 for

provisions relating to duties of Commission.

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 enforcement efforts in the United States to

Congress and to the President." at the end of this section, was

executed by making the insertion at the end of subsec. (f).

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 1975d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

Sec. 1975d. Termination

-STATUTE-

This chapter shall terminate on September 30, 1996.

-SOURCE-

(Pub. L. 98-183, Sec. 6, Nov. 30, 1983, 97 Stat. 1305; Pub. L.

102-167, Sec. 5, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103-419,

Sec. 2, Oct. 25, 1994, 108 Stat. 4342.)

-MISC1-

PRIOR PROVISIONS

A prior section 1975d, Pub. L. 85-315, pt. I, Sec. 105, Sept. 9,

1957, 71 Stat. 636; Pub. L. 86-449, title IV, Sec. 401, May 6,

1960, 74 Stat. 89; Pub. L. 88-352, title V, Secs. 505-507, July 2,

1964, 78 Stat. 251, 252; Pub. L. 91-521, Sec. 2, Nov. 25, 1970, 84

Stat. 1356; Pub. L. 92-496, Sec. 5, Oct. 14, 1972, 86 Stat. 814;

Pub. L. 95-444, Secs. 4-6, Oct. 10, 1978, 92 Stat. 1067, 1068,

related to powers of Commission. See Codification note set out

preceding section 1975 of this title.

AMENDMENTS

1994 - Pub. L. 103-419 amended section generally, substituting

provisions terminating this chapter Sept. 30, 1996, for provisions

relating to powers of Commission.

1991 - Subsec. (f). Pub. L. 102-167 substituted "Chairperson" for

"Chairman" in two places.

-End-

-CITE-

42 USC Secs. 1975e, 1975f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20A - CIVIL RIGHTS COMMISSION

-HEAD-

Secs. 1975e, 1975f. Omitted

-COD-

CODIFICATION

Sections 1975e and 1975f were omitted in the general amendment of

this chapter by Pub. L. 103-419.

Section 1975e, Pub. L. 98-183, Sec. 7, Nov. 30, 1983, 97 Stat.

1307; Pub. L. 101-180, Sec. 2(1), Nov. 28, 1989, 103 Stat. 1325;

Pub. L. 102-167, Sec. 3, Nov. 26, 1991, 105 Stat. 1101; Pub. L.

102-400, Sec. 2, Oct. 7, 1992, 106 Stat. 1955, authorized

appropriations to carry out this chapter. See section 1975c of this

title.

A prior section 1975e, Pub. L. 85-315, pt. I, Sec. 106, Sept. 9,

1957, 71 Stat. 636; Pub. L. 90-198, Sec. 2, Dec. 14, 1967, 81 Stat.

582; Pub. L. 91-521, Sec. 3, Nov. 25, 1970, 84 Stat. 1356; Pub. L.

92-64, Aug. 4, 1971, 85 Stat. 166; Pub. L. 92-496, Sec. 6, Oct. 14,

1972, 86 Stat. 814; Pub. L. 94-292, Sec. 2, May 27, 1976, 90 Stat.

524; Pub. L. 95-132, Sec. 2, Oct. 13, 1977, 91 Stat. 1157; Pub. L.

95-444, Sec. 7, Oct. 10, 1978, 92 Stat. 1068; Pub. L. 96-81, Sec.

3, Oct. 6, 1979, 93 Stat. 642; Pub. L. 96-447, Sec. 2, Oct. 13,

1980, 94 Stat. 1894, related to authorization of appropriations for

this chapter. See Codification note set out preceding section 1975

of this title.

Section 1975f, Pub. L. 98-183, Sec. 8, Nov. 30, 1983, 97 Stat.

1307; Pub. L. 101-180, Sec. 2(2), Nov. 28, 1989, 103 Stat. 1325;

Pub. L. 102-167, Sec. 4, Nov. 26, 1991, 105 Stat. 1101, provided

termination date for this chapter. See section 1975d of this title.

-End-

-HEAD-