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CHAPTER VII—COMMISSION ON CIVIL

RIGHTS

Part 701 702

Page 170

173

703

Organization and functions of the Commission ......
Rules on hearings, reports and meetings of the

Commission .......
Operations and functions of State Advisory Com-

mittees.............
Information disclosure and communications.
Materials available pursuant to 5 U.S.C. 552a
Employee responsibilities and conduct

704 705 706

183 185 191 196

PART 701-ORGANIZATION AND FUNCTIONS OF THE COMMISSION

Subpart A-Operations and Functions Sec. 701.1 Establishment 701.2 Responsibilities

Subpart B-Organization Statement

701.11 Membership of the Commission

Staff Director 701.12 Staff organization 701.13 Regional offices

AUTHORITY: Secs. 101-106, 71 Stat. 634636, as amended (42 U.S.C. 1975-1975e).

SOURCE: 44 FR 75148, Dec. 19, 1979, unless otherwise noted.

Subpart A-Operations and Functions

8 701.1 Establishment.

The United States Commission on Civil Rights (hereinafter referred to as the “Commission") is a bipartisan agency of the executive branch of the Government. Established under the Civil Rights Act of 1957, 71 Stat. 634, the Commission derives its authority from that Act and from amendments to it in the Civil Rights Act of 1960, 74 Stat. 86; in the Civil Rights Act of 1964, 78 Stat. 241; by 81 Stat. 582 (1967); by 84 Stat. 1356 (1970); by 86 Stat. 813 (1972); and by the Civil Rights Commission Act of 1978, 92 Stat. 1067. The statutes are codified in 42 U.S.C. 1975-1975e. (Hereinafter the 1957 Act as amended will be referred to as “the Act.")

origin or in the administration of justice;

(3) To appraise the laws and policies of the Federal Government with respect to discrimination or denials of equal protection of the laws under the Constitution because of race, color, religion, sex, age, handicap, or national origin or in the administration of justice;

(4) To serve as a national clearinghouse for information in respect to discrimination or denials of equal protection of the laws because of race, color, religion, sex, age, handicap or national origin;

(5) To investigate sworn allegations that citizens are being accorded or denied the right to vote in Federal elections as a result of patterns or practices of fraud or discrimination.

(b) Under Section 104(c) of the Act the Commission is required to: submit interim reports to the President and to the Congress at such times as the Commission, the Congress,

or the President shall deem desirable and submit to the President and the Congress a final report of its activities, findings, and recommendations not later than the last day of fiscal year 1983.

(c) In fulfilling these responsibilities the Commission is authorized by the Act to hold hearings and to issue subpenas for the production of documents and the attendance of witnesses; to consult with governors, attorneys general, other representatives of State and local governments, and private organizations; and is required to establish an advisory Committee in each State. The Act also provides that all Federal agencies shall cooperate fully with the Commission so that it may effectively carry out its functions and duties.

(44 FR 75148, Dec. 19, 1979; 44 FR 76798, Dec. 23, 1979)

§ 701.2 Responsibilities.

(a) The Commission's authority under Section 104(a) of the Act may be summarized as follows:

(1) To investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of color, race, religion, sex, age, handicap, or national origin;

(2) To study and collect information concerning legal developments constituting discrimination or a denial of equal protection of the laws under the Constitution because of race, color, re. ligion, sex, age, handicap or national

Subpart B-Organization Statement

8 701.11 Membership of the Commission

Staff Director. (a) The Commission is composed of six members, not more than three of whom may be of the same political party, appointed by the President by and with the advice and consent of the Senate.

(b) The Chairman and Vice Chairman of the Commission are designated by the President, the Vice Chairman acting as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(c) No vacancy in the Commission affects its powers, and any vacancy is filled in the same manner and is subject to the same limitation with respect to party affiliations as previous appointments.

(d) Four members of the Commission constitute a quorum.

(e) A Staff Director for the Commission is appointed by the President (after consultation with the Commission) by and with the advice and consent of the Senate. The Staff Director is the chief executive officer of the agency.

$701.12 Staff Organization.

The organization of the Commission is established as follows:

(a) Office of the Staff Director. Under the direction of the Staff Director, this office plans the agency's programs, directs, supervises, and coordinates the work of other offices; reports plans, programs, and activities of the agency to the Commission; manages the administrative affairs of the agency and represents the agency in relations with the Executive Office of the President, the Congress and other Federal agencies. Special units report

to the Office of the Staff Director are:

(1) Equal Employment Opportunity Unit. Under the direction of the Equal Employment Opportunity Officer, this unit is responsible for the agency's EEO and affirmative action programs; advises employees regarding the applicability of Office of Personnel Management and other relevant equal employment opportunity regulations and is responsible for the agency troubled employee program.

(2) Solicitor's Unit. Under the direction of the Solicitor, this unit is responsible for administrative law matters, including contracts, openness in government, government ethics and personnel.

(b) Office of General Counsel. Under the direction of the General Counsel, this office serves as legal counsel to the Commissioners and to the agency; plans and conducts hearings for the Commission; conducts legal studies; prepares reports of legal studies and hearings; drafts or reviews proposals for legislative and executive action and reviews all agency publications and congressional testimony for legal sufficiency.

(c) Office of Management. Under the direction of the Assistant Staff Director for Administration, this office is responsible for all administrative, management and facilitative services necessary for the efficient operation of the agency. Its units, headed by division directors, include the Administrative Services Division, the Budget and Fiscal Division, the Management Analysis Division, the Personnel Division, the Publications Management Division, and the National Clearinghouse Library Division.

(d) Office of Program Planning and Evaluation. Under the direction of the Assistant Staff Director for Program Planning and Evaluation, this office is responsible for: coordinating the agency's program planning process; conducting program evaluations to assess the impact of the Commission's projects on problems addressed; and coordinating the monthly program reporting system. Its units, headed by Division Directors, are the Program Development and Planning Division and the Program Evaluation Division.

(e) Office of Federal Civil Rights Evaluation. Under the direction of the Assistant Staff Director for Federal Civil Rights Evaluation, this office is responsible for: monitoring, evaluating and reporting on the civil rights enforcement effort of the Federal Government and forwarding complaints alleging denials of civil rights to Federal agencies having appropriate jurisdiction.

(f) Office of Program and Policy Review. Under the direction of the Assistant Staff Director for Program and Policy Review, this office is responsible for: planning, conducting or stimulating studies to advance basic knowledge of the extent, causes and consequences of civil rights denials; prepar

ing monographs dealing with subjects which are current national civil rights issues; monitoring civil rights developments; planning and conducting consultations on the civil rights implications of Federal programs and policies and/or current civil rights issues; and providing staff assistance as needed to other offices of the Commission.

(g) Office of Congressional and Public Affairs. Under the direction of the Assistant Staff Director for Congressional and Public Affairs, this Office is comprised of three divisions:

(1) The Press and Communications Division is responsible for liaison with and dissemination of information concerning the Commission to the news media and the preparation and dissemination of various periodical publications on civil rights issues.

(2) The Congressional Liaison Division is responsible for responding to requests for information from members of Congress, preparing testimony for presentation before committees of Congress when such testimony has been requested by a committee or a member and assisting members of the Commission and staff in liaison with members of Congress and committees of Congress.

(3) The Community Relations Division organizes, plans and manages conferences at which the Commission receives information regarding civil rights issues; establishes and maintains liaison with government and private civil rights agencies; and represents the Commission at government and private organization conferences and conventions.

(h) Office of Regional Programs. Under the direction of the Assistant Staff Director for Regional Programs, this office is responsible for: directing and coordinating the programs and work of the regional offices and State Advisory Committees to the United States Commission on Civil Rights, and maintaining liaison between the regional offices and the various headquarters offices of the Commission.

The address of each office and the States which they serve are as follows: Region I: U.S. Commision on Civil Rights,

55 Summer Street, 8th Floor, Boston, Massachusetts 02110, FTS (8) 223-4671(617) 223-4671; Connecticut, Maine, Massachusetts, New Hampshire, Rhode

Island, and Vermont. Region II: U.S. Commission on Civil Rights,

26 Federal Plaza, Room 1639, New York, N.Y. 10007, FTS (8) 264-0400—(212) 264

0543; New Jersey and New York. Region III: U.S. Commission on Civil

Rights, 2120 L Street, N.W., Room 510, Washington, D.C. 20037, FTS (8) 2546717—(202) 254-6670; Delaware, District of Columbia, Maryland, Pennsylvania, Vir

ginia, and West Virginia. Region IV: U.S. Commission on Civil Rights,

Citizens Trust Bank Building, 75 Piedmont Avenue, N.E., Room 632, Atlanta, Georgia 30303, FTS (8) 242-4391—(404) 221-4344; Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South

Carolina, and Tennessee. Region V: U.S. Commission on Civil Rights,

230 South Dearborn Street, 32nd Floor, Chicago, Illinois 60604, FTS (8) 353-7371(312) 353-7371; Illinois, Indiana, Michigan,

Minnesota, Ohio, and Wisconsin. Region VI: U.S. Commission on Civil Rights,

Heritage Plaza, 418 South Main, San Antonio, Texas 78204, FTS (8) 730-5570—(512) 225-4810; Arkansas, Louisiana, Oklahoma, Texas, and New Mexico. Region VII: U.S. Commission on Civil

Rights, Old Federal Office Building, 911 Walnut Street, Room 3103, Kansas City, Missouri 64106, FTS (8) 758-5253—(816)

374-5253. Region VIII: U.S. Commission on Civil

Rights, Executive Tower Inn, Suite 1700, 1405 Curtis Street, Denver, Colorado 80202, FTS (8) 327-2211–(303) 837-2211; Colorado, Montana, North Dakota, South

Dakota, Utah, and Wyoming. Region IX: U.S. Commission on Civil

Rights, 312 North Spring Street, Room 1015, Los Angeles, California 90012, FTS (8) 798-3437—(213) 688-5705; Arizona,

California, Hawaii, and Nevada. Region X: U.S. Commission on Civil Rights,

915 Second Avenue, Room 2852, Seattle, Washington 98174, FTS (8) 399-1426– (206) 442-1246; Alaska, Idaho, Oregon, and Washington.

8 701.13 Regional offices.

Each regional office of the Commission is directed by a regional director.

PART 702—RULES ON HEARINGS, RE

PORTS AND MEETINGS OF THE COMMISSION

Subpart A-Hearings and Reports

Sec. 702.1 Definitions. 702.2 Authorization for hearing. 702.3 Notice of hearing. 702.4 Subpenas. 702.5 Conduct of proceedings. 702.6 Executive session. 702.7 Counsel. 702.8 Evidence at Commission proceedings. 702.9 Cross-examination at public session. 702.10 Voluntary witnesses at public ses

sion of a hearing. 702.11 Special executive session. 702.12 Contempt of the Commission. 702.13 Intimidation of witnesses. 702.14 Transcript of Commission proceed

ings. 702.15 Witness fees. 702.16 Attendance of news media at public

sessions. 702.17 Communications with respect to

Commission proceedings. 702.18 Commission reports.

(c) “The Chairman” shall refer to the Chairman of the Commission or authorized subcommittee thereof or to any acting Chairman of the Commission or of such subcommittee.

(d) “Proceeding" shall refer collectively to any public session of the Commission and any executive session held in connection therewith.

(e) “Hearing” shall refer collectively to a public session of the Commission and any executive session held in connection therewith, but shall not include a session held for the sole purpose of receiving subpenaed documents.

(f) “The rules in this part” shall refer to the Rules on Hearings of the Commission.

(g) “Report” refers to statutory reports or portions thereof issued pursuant to Section 104(c) of the Civil Rights Act of 1957, as amended.

(h) “Verified answer” refers to an answer the truth of which is substantiated by oath or affirmation attested to by a notary public or other person who has legal authority to administer oaths.

Subpart B-Meetings

702.50 Purpose and scope. 702.51 Definitions. 702.52 Open meeting requirements. 702.53 Closed meetings. 702.54 Closed meeting procedures. 702.55 Public announcement of meetings. 702.56 Records. 702.57 Administrative review.

[32 FR 4063, Mar. 15, 1967, as amended at 36 FR 5702, Mar. 27, 1971; 44 FR 75149, Dec. 19, 1979)

Subpart A-Hearings and Reports

AUTHORITY: Secs. 101-106, 71 Stat. 634636, as amended; 42 U.S.C. 1975-1975e; Pub. L. 94—409, 90 Stat. 1241.

SOURCE: 32 FR 4063, Mar. 15, 1967, unless otherwise noted. Designated Subpart A at 42 FR 14108, Mar. 15, 1977.

8 702.2 Authorization for hearing.

Under section 105(f) of the Act the Commission or, on the authorization of the Commission, any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of the Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable; and the holding of hearings by the Commission or the appointment of a subcommittee to hold hearings pursuant to this section must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

$ 702.1 Definitions.

For purposes of the following Rules on Hearings of the United States Commission on Civil Rights, the following definitions shall apply, unless otherwise provided:

(a) “The Act” shall refer to the Civil Rights Act of 1957, 71 Stat. 634, as amended.

(b) "The Commission” shall refer to the United States Commission on Civil Rights or, as provided in $ 702.2, to any authorized subcommittee thereof.

8 702.3 Notice of hearing.

At least 30 days prior to the commencement of any hearing, the Commission shall cause to be published in

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