PRIA, Government Policy, Made Personal

Summary

The Commission must investigate written, sworn complaints that people in the United States were denied the right to vote or have their votes counted because of color, race, religion, sex, age, disability, national origin, or because of a pattern or practice of fraud. It must also collect and study information, review federal laws and policies, act as a national clearinghouse for information, and create public service messages and ad campaigns to discourage discrimination or unfair treatment under the Constitution or in the justice system for those same protected groups. The Commission cannot look into the internal membership rules of fraternal groups, college fraternities/sororities, private clubs, or religious groups. It must send at least one report each year to the President and Congress about federal civil rights enforcement and can send other reports as needed. It may set up advisory committees, with at least one in each State and the District of Columbia made of local citizens. The Commission or an authorized subcommittee (two or more members, including at least one from each major political party) can hold hearings, take oaths, issue subpoenas (not forcing witnesses to appear more than 100 miles from where they live or work), pay standard witness fees, use depositions and written questions, and ask the Attorney General to enforce subpoenas. The Commission may not study or collect information about federal abortion laws or policies.

Title 42, §1975a

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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, 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.

§1975a Duties of Commission