The Civil Rights Act of 1964

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CIVIL RIGHTS ACT OF 1964.
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Document Number: PL 88-352
Date: 02 JUL 64
88th Congress, H. R. 7152
An Act
To enforce the constitutional right to vote, to confer jurisdiction
upon the district courts of the United States to provide injunctive
relief against discrimination in public accommodations, to authorize
the Attorney General to institute suits to protect constitutional
rights in public facilities and public education, to extend the
Commission on Civil Rights, to prevent discrimination in federally
assisted programs, to establish a Commission on Equal Employment
Opportunity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as
the "Civil Rights Act of 1964".
TITLE I--VOTING RIGHTS
SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as
amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637),
and as further amended by section 601 of the Civil Rights Act of 1960
(74 Stat. 90), is further amended as follows:
(a) Insert "1" after "(a)" in subsection (a) and add at the end of
subsection (a) the following new paragraphs:
"(2) No person acting under color of law shall--
"(A) in determining whether any individual is qualified under State
law or laws to vote in any Federal election, apply any standard,
practice, or procedure different from the standards, practices, or
procedures applied under such law or laws to other individuals within
the same county, parish, or similar political subdivision who have
been found by State officials to be qualified to vote;
"(B) deny the right of any individual to vote in any Federal election
because of an error or omission on any record or paper relating to any
application, registration, or other act requisite to voting, if such
error or omission is not material in determining whether such
individual is qualified under State law to vote in such election; or
"(C) employ any literacy test as a qualification for voting in any
Federal election unless (i) such test is administered to each
individual and is conducted wholly in writing, and (ii) a certified
copy of the test and of the answers given by the individual is
furnished to him within twenty-five days of the submission of his
request made within the period of time during which records and papers
are required to be retained and preserved pursuant to title III of the
Civil Rights Act of 1960 (42 U.S.C. 1974--74e; 74 Stat. 88): Provided,
however, That the Attorney General may enter into agreements with
appropriate State or local authorities that preparation, conduct, and
maintenance of such tests in accordance with the provisions of
applicable State or local law, including such special provisions as
are necessary in the preparation, conduct, and maintenance of such
tests for persons who are blind or otherwise physically handicapped,
meet the purposes of this subparagraph and constitute compliance
therewith.
"(3) For purposes of this subsection--
"(A) the term 'vote' shall have the same meaning as in subsection (e)
of this section;
"(B) the phrase 'literacy test' includes any test of the ability to
read, write, understand, or interpret any matter."
(b) Insert immediately following the period at the end of the first
sentence of subsection (c) the following new sentence: "If in any such
proceeding literacy is a relevant fact there shall be a rebuttable
presumption that any person who has not been adjudged an incompetent
and who has completed the sixth grade in a public school in, or a
private school accredited by, any State or territory, the District of
Columbia, or the Commonwealth of Puerto Rico where instruction is
carried on predominantly in the English language, possesses sufficient
literacy, comprehension, and intelligence to vote in any Federal
election."
(c) Add the following subsection "(f)" and designate the present
subsection "(f)" as subsection "(g)": "(f) When used in subsection (a)
or (c) of this section, the words 'Federal election' shall mean any
general, special, or primary election held solely or in part for the
purpose of electing or selecting any candidate for the office of
President, Vice President, presidential elector, Member of the Senate,
or Member of the House of Representatives."
(d) Add the following subsection "(h)":
"(h) In any proceeding instituted by the United States in any district
court of the United States under this section in which the Attorney
General requests a finding of a pattern or practice of discrimination
pursuant to subsection (e) of this section the Attorney General, at
the time he files the complaint, or any defendant in the proceeding,
within twenty days after service upon him of the complaint, may file
with the clerk of such court a request that a court of three judges be
convened to hear and determine the entire case. A copy of the request
for a three-judge court shall be immediately furnished by such clerk
to the chief judge of the circuit (or in his absence, the presiding
circuit judge of the circuit) in which the case is pending. Upon
receipt of the copy of such request it shall be the duty of the chief
justice of the circuit or the presiding circuit judge, as the case may
be, to designate immediately three judges in such circuit, of whom at
least one shall be a circuit judge and another of whom shall be a
district judge of the court in which the proceeding was instituted, to
hear and determine such case, and it shall be the duty of the judges
so designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and determination
thereof, and to cause the case to be in every way expedited.
An appeal from the final judgment of such court will lie to the
Supreme Court.
"In any proceeding brought under subsection (c) of this section to
enforce subsection (b) of this section, or in the event neither the
Attorney General nor any defendant files a request for a three-judge
court in any proceeding authorized by this subsection, it shall be the
duty of the chief judge of the district (or in his absence, the acting
chief judge) in which the case is pending immediately to designate a
judge in such district to hear and determine the case. In the event
that no judge in the district is available to hear and determine the
case, the chief judge of the district, or the acting chief judge, as
the case may be, shall certify this fact to the chief judge of the
circuit (or, in his absence, the acting chief judge) who shall then
designate a district or circuit judge of the circuit to hear and
determine the case.
"It shall be the duty of the judge designated pursuant to this section
to assign the case for hearing at the earliest practicable date and to
cause the case to be in every way expedited."
TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF
PUBLIC ACCOMMODATION
SEC. 201. (a) All persons shall be entitled to the full and equal
enjoyment of the goods, services, facilities, and privileges,
advantages, and accommodations of any place of public accommodation,
as defined in this section, without discrimination or segregation on
the ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public is a
place of public accommodation within the meaning of this title if its
operations affect commerce, or if discrimination or segregation by it
is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides
lodging to transient guests, other than an establishment located
within a building which contains not more than five rooms for rent or
hire and which is actually occupied by the proprietor of such
establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda
fountain, or other facility principally engaged in selling food for
consumption on the premises, including, but not limited to, any such
facility located on the
premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena,
stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the
premises of any establishment otherwise covered by this subsection, or
(ii) within the premises of which is physically located any such
covered establishment, and (B) which holds itself out as serving
patrons of such covered establishment.
(c) The operations of an establishment affect commerce within the
meaning of this title if (1) it is one of the establishments described
in paragraph (1) of subsection (b); (2) in the case of an
establishment described in paragraph (2) of subsection (b), it serves
or offers to serve interstate travelers or a substantial portion of
the food which it serves, or gasoline or other products which it
sells, has moved in commerce; (3) in the case of an establishment
described in paragraph (3) of subsection (b), it customarily presents
films, performances, athletic teams, exhibitions, or other sources of
entertainment which move in commerce; and (4) in the case of an
establishment described in paragraph (4) of subsection (b), it is
physically located within the premises of, or there is physically
located within its premises, an establishment the operations of which
affect commerce within the meaning of this subsection. For purposes of
this section, "commerce" means travel, trade, traffic, commerce,
transportation, or communication among the several States, or between
the District of Columbia and any State, or between any foreign country
or any territory or possession and any State or the District of
Columbia, or between points in the same State but through any other
State or the District of Columbia or a foreign country.
(d) Discrimination or segregation by an establishment is supported by
State action within the meaning of this title if such discrimination
or segregation (1) is carried on under color of any law, statute,
ordinance, or regulation; or (2) is carried on under color of any
custom or usage required or enforced by officials of the State or
political subdivision thereof; or (3) is required by action of the
State or political subdivision thereof.
(e) The provisions of this title shall not apply to a private club or
other establishment not in fact open to the public, except to the
extent that the facilities of such establishment are made available to
the customers or patrons of an establishment within the scope of
subsection (b).
SEC. 202. All persons shall be entitled to be free, at any
establishment or place, from discrimination or segregation of any kind
on the ground of race, color, religion, or national origin, if such
discrimination or segregation is or purports to be required by any
law, statute, ordinance, regulation, rule, or order of a State or any
agency or political subdivision thereof.
SEC. 203. No person shall (a) withhold, deny, or attempt to withhold
or deny, or deprive or attempt to deprive, any person of any right or
privilege secured by section 201 or 202, or (b) intimidate, threaten,
or coerce, or attempt to intimidate, threaten, or coerce any person
with the purpose of interfering with any right or privilege secured by
section 201 or 202, or (c) punish or attempt to punish any person for
exercising or attempting to exercise any right or privilege secured by
section 201 or 202.
SEC. 204. (a) Whenever any person has engaged or there are reasonable
grounds to believe that any person is about to engage in any act or
practice prohibited by section 203, a civil action for preventive
relief, including an application for a permanent or temporary
injunction, restraining order, or other order, may be instituted by
the person aggrieved and, upon timely application, the court may, in
its discretion, permit the Attorney General to intervene in such civil
action if he certifies that the case is of general public importance.
Upon application by the complainant and in such circumstances as the
court may deem just, the court may appoint an attorney for such
complainant and may authorize the commencement of the civil action
without the payment of fees, costs, or security.
(b) In any action commenced pursuant to this title, the court, in its
discretion, may allow the prevailing party, other than the United
States, a reasonable attorney's fee as part of the costs, and the
United States shall be liable for costs the same as a private person.
(c) In the case of an alleged act or practice prohibited by this title
which occurs in a State, or political subdivision of a State, which
has a State or local law prohibiting such act or practice and
establishing or authorizing a State or local authority to grant or
seek relief from such practice or to institute criminal proceedings
with respect thereto upon receiving notice thereof, no civil action
may be brought under subsection (a) before the expiration of thirty
days after written notice of such alleged act or practice has been
given to the appropriate State or local authority by registered mail
or in person, provided that the court may stay proceedings in such
civil action pending the termination of State or local enforcement
proceedings.
(d) In the case of an alleged act or practice prohibited by this title
which occurs in a State, or political subdivision of a State, which
has no State or local law prohibiting such act or practice, a civil
action may be brought under subsection (a): Provided, That the court
may refer the matter to the Community Relations Service established by
title X of this Act for as long as the court believes there is a
reasonable possibility of obtaining voluntary compliance, but for not
more than sixty days: Provided further, That upon expiration of such
sixty-day period, the court may extend such period for an additional
period, not to exceed a cumulative total of one hundred and twenty
days, if it believes there then exists a reasonable possibility of
securing voluntary compliance.
SEC. 205. The Service is authorized to make a full investigation of
any complaint referred to it by the court under section 204(d) and may
hold such hearings with respect thereto as may be necessary. The
Service shall conduct any hearings with respect to any such complaint
in executive session, and shall not release any testimony given
therein except by agreement of all parties involved in the complaint
with the permission of the court, and the Service shall endeavor to
bring about a voluntary settlement between the parties.
SEC. 206. (a) Whenever the Attorney General has reasonable cause to
believe that any person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the rights
secured by this title, and that the pattern or practice is of such a
nature and is intended to deny the full exercise of the rights herein
described, the Attorney General may bring a civil action in the
appropriate district court of the United States by filing with it a
complaint (1) signed by him (or in his absence the Acting Attorney
General), (2) setting forth facts pertaining to such pattern or
practice, and (3) requesting such preventive relief, including an
application for a permanent or temporary injunction, restraining order
or other order against the person or persons responsible for such
pattern or practice, as he deems necessary to insure the full
enjoyment of the rights herein described.
(b) In any such proceeding the Attorney General may file with the
clerk of such court a request that a court of three judges be convened
to hear and determine the case. Such request by the Attorney General
shall be accompanied by a certificate that, in his opinion, the case
is of general public importance. A copy of the certificate and request
for a three-judge court shall be immediately furnished by such clerk
to the chief judge of the circuit (or in his absence, the presiding
circuit judge of the circuit) in which the case is pending. Upon
receipt of the copy of such request it shall be the duty of the chief
judge of the circuit or the presiding circuit judge, as the case may
be, to designate immediately three judges in such circuit, of whom at
least one shall be a circuit judge and another of whom shall be a
district judge of the court in which the proceeding was instituted, to
hear and determine such case, and it shall be the duty of the judges
so designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and determination
thereof, and to cause the case to be in every way expedited. An appeal
from the final judgment of such court will lie to the Supreme Court.
In the event the Attorney General fails to file such a request in any
such proceeding, it shall be the duty of the chief judge of the
district (or in his absence, the acting chief judge) in which the case
is pending immediately to designate a judge in such district to hear
and determine the case. In the event that no judge in the district is
available to hear and determine the case, the chief judge of the
district, or the acting chief judge, as the case may be, shall certify
this fact to the chief judge of the circuit (or in his absence, the
acting chief judge) who shall then designate a district or circuit
judge of the circuit to hear and determine the case.
It shall be the duty of the judge designated pursuant to this section
to assign the case for hearing at the earliest practicable date and to
cause the case to be in every way expedited.
SEC. 207. (a) The district courts of the United States shall have
jurisdiction of proceedings instituted pursuant to this title and
shall exercise the same without regard to whether the aggrieved party
shall have exhausted any administrative or other remedies that may be
provided by law.
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PL PL 88-352 02JUL64 CIVIL RIGHTS ACT OF 1964. Page 7

(b) The remedies provided in this title shall be the exclusive means
of enforcing the rights based on this title, but nothing in this title
shall preclude any individual or any State or local agency from
asserting any right based on any other Federal or State law not
inconsistent with this title, including any statute or ordinance
requiring nondiscrimination in public establishments or
accommodations, or from pursuing any remedy, civil or criminal, which
may be available for the vindication or enforcement of such right.
TITLE III--DESEGREGATION OF PUBLIC FACILITIES
SEC. 301. (a) Whenever the Attorney General receives a complaint in
writing signed by an individual to the effect that he is being
deprived of or threatened with the loss of his right to the equal
protection of the laws, on account of his race, color, religion, or
national origin, by being denied equal utilization of any public
facility which is owned, operated, or managed by or on behalf of any
State or subdivision thereof, other than a public school or public
college as defined in section 401 of title IV hereof, and the Attorney
General believes the complaint is meritorious and certifies that the
signer or signers of such complaint are unable, in his judgment, to
initiate and maintain appropriate legal proceedings for relief and
that the institution of an action will materially further the orderly
progress of desegregation in public facilities, the Attorney General
is authorized to institute for or in the name of the United States a
civil action in any appropriate district court of the United States
against such parties and for such relief as may be appropriate, and
such court shall have and shall exercise jurisdiction of proceedings
instituted pursuant to this section. The Attorney General may implead
as defendants such additional parties as are or become necessary to
the grant of effective relief hereunder.
(b) The Attorney General may deem a person or persons unable to
initiate and maintain appropriate legal proceedings within the meaning
of subsection
(a) of this section when such person or persons are unable, either
directly or through other interested persons or organizations, to bear
the expense of the litigation or to obtain effective legal
representation; or whenever he is satisfied that the institution of
such litigation would jeopardize the personal safety, employment, or
economic standing of such person or persons, their families, or their
property.
SEC. 302. In any action or proceeding under this title the United
States shall be liable for costs, including a reasonable attorney's
fee, the same as a private person.
SEC. 303. Nothing in this title shall affect adversely the right of
any person to sue for or obtain relief in any court against
discrimination in any facility covered by this title.
SEC. 304. A complaint as used in this title is a writing or document
within the meaning of section 1001, title 18, United States Code.
TITLE IV--DESEGREGATION OF PUBLIC EDUCATION
DEFINITIONS
SEC. 401. As used in this title--
(a) "Commissioner" means the Commissioner of Education.
(b) "Desegregation" means the assignment of students to public schools
and within such schools without regard to their race, color, religion,
or national origin, but "desegregation" shall not mean the assignment
of students to public schools in order to overcome racial imbalance.
(c) "Public school" means any elementary or secondary educational
institution, and "public college" means any institution of higher
education or any technical or vocational school above the secondary
school level, provided that such public school or public college is
operated by a State, subdivision of a State, or governmental agency
within a State, or operated wholly or predominantly from or through
the use of governmental funds or property, or funds or property
derived from a governmental source.
(d) "School board" means any agency or agencies which administer a
system of one or more public schools and any other agency which is
responsible for the assignment of students to or within such system.
SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES
SEC. 402. The Commissioner shall conduct a survey and make a report to
the President and the Congress, within two years of the enactment of
this title, concerning the lack of availability of equal educational
opportunities for individuals by reason of race, color, religion, or
national origin in public educational institutions at all levels in
the United States, its territories and possessions, and the District
of Columbia.
TECHNICAL ASSISTANCE
SEC. 403. The Commissioner is authorized, upon the application of any
school board, State, municipality, school district, or other
governmental unit legally responsible for operating a public school or
schools, to render technical assistance to such applicant in the
preparation, adoption, and implementation of plans for the
desegregation of public schools. Such technical assistance may, among
other activities, include making available to such agencies
information regarding effective methods of coping with special
educational problems occasioned by desegregation, and making available
to such agencies personnel of the Office of Education or other persons
specially equipped to advise and assist them in coping with such
problems.
TRAINING INSTITUTES
SEC. 404. The Commissioner is authorized to arrange, through grants or
contracts, with institutions of higher education for the operation of
short-term or regular session institutes for special training designed
to improve the ability of teachers, supervisors, counselors, and other
elementary or secondary school personnel to deal effectively with
special educational problems occasioned by desegregation. Individuals
who attend such an institute on a full-time basis may be paid stipends
for the period of their attendance at such institute in amounts
specified by the Commissioner in regulations, including allowances for
travel to attend such institute.
GRANTS
SEC. 405. (a) The Commissioner is authorized, upon application of a
school board, to make grants to such board to pay, in whole or in
part, the cost of--
(1) giving to teachers and other school personnel inservice training
in dealing with problems incident to desegregation, and
(2) employing specialists to advise in problems incident to
desegregation.
(b) In determining whether to make a grant, and in fixing the amount
thereof and the terms and conditions on which it will be made, the
Commissioner shall take into consideration the amount available for
grants under this section and the other applications which are pending
before him; the financial condition of the applicant and the other
resources available to it; the nature, extent, and gravity of its
problems incident to desegregation; and such other factors as he finds
relevant.
PAYMENTS
SEC. 406. Payments pursuant to a grant or contract under this title
may be made (after necessary adjustments on account of previously made
overpayments or underpayments) in advance or by way of reimbursement,
and in such installments, as the Commissioner may determine.
SUITS BY THE ATTORNEY GENERAL
SEC. 407. (a) Whenever the Attorney General receives a complaint in
writing--
(1) signed by a parent or group of parents to the effect that his or
their minor children, as members of a class of persons similarly
situated, are being deprived by a school board of the equal protection
of the laws, or
(2) signed by an individual, or his parent, to the effect that he has
been denied admission to or not permitted to continue in attendance at
a public college by reason of race, color, religion, or national
origin,
and the Attorney General believes the complaint is meritorious and
certifies that the signer or signers of such complaint are unable, in
his judgment, to initiate and maintain appropriate legal proceedings
for relief and that the institution of an action will materially
further the orderly achievement of desegregation in public education,
the Attorney General is authorized, after giving notice of such
complaint to the appropriate school board or college authority and
after certifying that he is satisfied that such board or authority has
had a reasonable time to adjust the conditions alleged in such
complaint, to institute for or in the name of the United States a
civil action in any appropriate district court of the United States
against such parties and for such relief as may be appropriate, and
such court shall have and shall exercise jurisdiction of proceedings
instituted pursuant to this section, provided that nothing herein
shall empower any official or court of the United States to issue any
order seeking to achieve a racial balance in any school by requiring
the transportation of pupils or students from one school to another or
one school district to another in order to achieve such racial
balance, or otherwise enlarge the existing power of the court to
insure compliance with constitutional standards. The Attorney General
may implead as defendants such additional parties as are or become
necessary to the grant of effective relief hereunder.
(b) The Attorney General may deem a person or persons unable to
initiate and maintain appropriate legal proceedings within the meaning
of subsection
(a) of this section when such person or persons are unable, either
directly or through other interested persons or organizations, to bear
the expense of the litigation or to obtain effective legal
representation; or whenever he is satisfied that the institution of
such litigation would jeopardize the personal safety, employment, or
economic standing of such person or persons, their families, or their
property.
(c) The term "parent" as used in this section includes any person
standing in loco parentis. A "complaint" as used in this section is a
writing or document within the meaning of section 1001, title 18,
United States Code.
SEC. 408. In any action or proceeding under this title the United
States shall be liable for costs the same as a private person.
SEC. 409. Nothing in this title shall affect adversely the right of
any person to sue for or obtain relief in any court against
discrimination in public education.
SEC. 410. Nothing in this title shall prohibit classification and
assignment for reasons other than race, color, religion, or national
origin.
TITLE V--COMMISSION ON CIVIL RIGHTS
SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C.
1975a; 71
Stat. 634) is amended to read as follows:
"RULES OF PROCEDURE OF THE COMMISSION HEARINGS
"SEC. 102. (a) At least thirty days prior to the commencement of any
hearing, the Commission shall cause to be published in the Federal
Register notice of the date on which such hearing is to commence, the
place at which it is to be held and the subject of the hearing. The
Chairman, or one designated by him to act as Chairman at a hearing of
the Commission, shall announce in an opening statement the subject of
the hearing.
"(b) A copy of the Commission's rules shall be made available to any
witness before the Commission, and a witness compelled to appear
before the Commission or required to produce written or other matter
shall be served with a copy of the Commission's rules at the time of
service of the subpoena.
"(c) Any person compelled to appear in person before the Commission
shall be accorded the right to be accompanied and advised by counsel,
who shall have the right to subject his client to reasonable
examination, and to make objections on the record and to argue briefly
the basis for such objections. The Commission shall proceed with
reasonable dispatch to conclude any hearing in which it is engaged.
Due regard shall be had for the convenience and necessity of
witnesses.
"(d) The Chairman or Acting Chairman may punish breaches of order and
decorum by censure and exclusion from the hearings.
"(e) If the Commission determines that evidence or testimony at any
hearing may tend to defame, degrade, or incriminate any person, it
shall receive such evidence or testimony or summary of such evidence o
testimony in executive session. The Commission shall afford any person
defamed, degraded, or incriminated by such evidence or testimony an
opportunity to appear and be heard in executive session, with a
reasonable number of additional witnesses requested by him, before
deciding to use such evidence or testimony. In the event the
Commission determines to release or use such evidence or testimony in
such manner as to reveal publicly the identity of the person defamed,
degraded, or incriminated, such evidence or testimony, prior to such
public release or use, shall be given at a public session, and the
Commission shall afford such person an opportunity to appear as a
voluntary witness or to file a sworn statement in his behalf and to
submit brief and pertinent sworn statements of others. The Commission
shall receive and dispose of requests from such person to subpoena
additional witnesses.
"(f) Except as provided in sections 102 and 105 (f) of this Act, the
Chairman shall receive and the Commission shall dispose of requests to
subpoena additional witnesses.
"(g) No evidence or testimony or summary of evidence or testimony
taken in executive session may be released or used in public sessions
without the consent of the Commission. Whoever releases or uses in
public without the consent of the Commission such evidence or
testimony taken in executive session shall be fined not more than
$1,000, or imprisoned for not more than one year.
"(h) In the discretion of the Commission, witnesses may submit brief
and pertinent sworn statements in writing for inclusion in the record.
The Commission shall determine the pertinency of testimony and
evidence adduced at its hearings.
"(i) Every person who submits data or evidence shall be entitled to
retain or, on payment of lawfully prescribed costs, procure a copy or
transcript thereof, except that a witness in a hearing held in
executive session may for good cause be limited to inspection of the
official transcript of his testimony. Transcript copies of public
sessions may be obtained by the public upon the payment of the cost
thereof. An accurate transcript shall be made of the testimony of all
witnesses at all hearings, either public or executive sessions, of the
Commission or of any subcommittee thereof.
"(j) A witness attending any session of the Commission shall receive
$6 for each day's attendance and for the time necessarily occupied in
going to and returning from the same, and 10 cents per mile for going
from and returning to his place of residence. Witnesses who attend at
points so far removed from their respective residences as to prohibit
return thereto from day to day shall be entitled to an additional
allowance of $10 per day for expenses of subsistence including the
time necessarily occupied in going to
and returning from the place of attendance. Mileage payments shall be
tendered to the witness upon service of a subpoena issued on behalf of
the Commission or any subcommittee thereof.
"(k) The Commission shall not issue any subpoena for the attendance
and testimony of witnesses or for the production of written or other
matter which would require the presence of the party subpoenaed at a
hearing to be held outside of the State wherein the witness is found
or resides or is domiciled or transacts business, or has appointed an
agent for receipt of service of process except that, in any event, the
Commission may issue subpoenas for the attendance and testimony of
witnesses and the production of written or other matter at a hearing
held within fifty miles of the place where the witness is found or
resides or is domiciled or transacts business or has appointed an
agent for receipt of service of process.
"(l) The Commission shall separately state and currently publish in
the Federal Register (1) descriptions of its central and field
organization including the established places at which, and methods
whereby, the public may secure information or make requests; (2)
statements of the general course and method by which its functions are
channeled and determined, and (3) rules adopted as authorized by law.
No person shall in any manner be subject to or required to resort to
rules, organization, or procedure not so published."
SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C.
1975b(a); 71 Stat. 634) is amended to read as follows:
"SEC. 103. (a) Each member of the Commission who is not otherwise in
the service of the Government of the United States shall receive the
sum of $75 per day for each day spent in the work of the Commission,
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his usual place of residence, in
accordance with section 5 of the Administrative Expenses Act of 1946,
as amended (5 U.S.C 73b-2; 60 Stat. 808)."
SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C.
1975(b); 71 Stat. 634) is amended to read as follows:
"(b) 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 his usual
place of residence, in accordance with the provisions of the Travel
Expenses Act of 1949, as amended
(5 U.S.C. 835--42; 63 Stat. 166)."
SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42
U.S.C. 1975c(a); 71 Stat. 635), as amended, is further amended to read
as follows:
"DUTIES OF THE COMMISSION
"SEC. 104. (a) The Commission shall--
"(1) 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 their color,
race, religion, or national origin; which writing, under oath or
affirmation, shall set forth the facts upon which such belief or
beliefs are based;
"(2) study and collect information concerning legal developments
constituting a denial of equal protection of the laws under the
Constitution because of race, color, religion or national origin or in
the administration of justice;
"(3) appraise the laws and policies of the Federal Government with
respect to denials of equal protection of the laws under the
Constitution because of race, color, religion or national origin or in
the administration of justice;
"(4) serve as a national clearinghouse for information in respect to
denials of equal protection of the laws because of race, color,
religion or national origin, including but not limited to the fields
of voting, education, housing, employment, the use of public
facilities, and transportation, or in the administration of justice;
"(5) investigate allegations, made in writing and under oath or
affirmation, that citizens of the United States are unlawfully being
accorded or denied the right to vote, or to have their votes properly
counted, in any election of presidential electors, Members of the
United States Senate, or of the House of Representatives, as a result
of any patterns or practice of fraud or discrimination in the conduct
of such election; and
"(6) Nothing in this 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."
(b) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C.
1975c(b); 71 Stat. 635), as amended, is further amended by striking
out the present subsection "(b)" and by substituting therefor:
"(b) The Commission shall 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 shall submit to the President and
to the Congress a final report of its activities, findings, and
recommendations not later than January 31, 1968."
SEC. 505. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C.
1975d(a); 71 Stat. 636) is amended by striking out in the last
sentence thereof "$50 per diem" and inserting in lieu thereof "$75 per
diem."
SEC. 506. Section 105(f) and section 105(g) of the Civil Rights Act of
1957 (42 U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended to read
as follows:
"(f) 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 this Act, hold such hearings and act at such times and
places as the Commission or such authorized subcommittee may deem
advisable. Subpoenas for the attendance and testimony of witnesses or
the production of written or other matter may be issued in accordance
with the rules of the Commission as contained in section 102 (j) and
(k) of this Act, over the signature of the Chairman of the Commission
or of such subcommittee, and may be served by any person designated by
such Chairman. The holding of hearings by the Commission, or the
appointment of a subcommittee to hold hearings pursuant to this
subparagraph, 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.
"(g) In case of contumacy or refusal to obey a subpoena, any district
court of the United States or the United States court of any territory
or possession, or the District Court of the United States for the
District of Columbia, within the jurisdiction of which the inquiry is
carried on or within the jurisdiction of which said person guilty of
contumacy or refusal to obey is found or resides or is domiciled or
transacts business, or has appointed an agent for receipt of service
of process, upon application by the Attorney General of the United
States shall have jurisdiction to issue to such person an order
requiring such person to appear before the Commission or a
subcommittee thereof, there to produce pertinent, relevant and
nonprivileged evidence if so ordered, or there to give testimony
touching the matter under investigation; and any failure to obey such
order of the court may be punished by said court as a contempt
thereof."
SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C.
1975d; 71 Stat. 636), as amended by section 401 of the Civil Rights
Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended by
adding a new subsection at the end to read as follows:
"(i) The Commission shall have the power to make such rules and
regulations as are necessary to carry out the purposes of this Act."
TITLE VI--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
SEC. 601. No person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
SEC. 602. Each Federal department and agency which is empowered to
extend Federal financial assistance to any program or activity, by way
of grant, loan, or contract other than a contract of insurance or
guaranty, is authorized and directed to effectuate the provisions of
section 601 with respect to such program or activity by issuing rules,
regulations, or orders of general applicability which shall be
consistent with achievement of the objectives of the statute
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with
any requirement adopted pursuant to this section may be effected (1)
by the termination of or refusal to grant or to continue assistance
under such program or activity to any recipient as to whom there has
been an express finding on the record, after opportunity for hearing,
of a failure to comply with such requirement, but such termination or
refusal shall be limited to the particular political entity, or part
thereof, or other recipient as to whom such a finding has been made
and, shall be limited in its effect to the particular program, or part
thereof, in which such non-compliance has been so found, or (2) by any
other means authorized by law: Provided, however, That no such action
shall be taken until the department or agency concerned has advised
the appropriate person or persons of the failure to comply with the
requirement and has determined that compliance cannot be secured by
voluntary means. In the case of any action terminating, or refusing to
grant or continue, assistance because of failure to comply with a
requirement imposed pursuant to this section, the head of the federal
department or agency shall file with the committees of the House and
Senate having legislative jurisdiction over the program or activity
involved a full written report of the circumstances and the grounds
for such action. No such action shall become effective until thirty
days have elapsed after the filing of such report.
SEC. 603. Any department or agency action taken pursuant to section
602 shall be subject to such judicial review as may otherwise be
provided by law for similar action taken by such department or agency
on other grounds. In the case of action, not otherwise subject to
judicial review, terminating or refusing to grant or to continue
financial assistance upon a finding of failure to comply with any
requirement imposed pursuant to section 602, any person aggrieved
(including any State or political subdivision thereof and any agency
of either) may obtain judicial review of such action in accordance
with section 10 of the Administrative Procedure Act, and such action
shall not be deemed committed to unreviewable agency discretion within
the meaning of that section.
SEC. 604. Nothing contained in this title shall be construed to
authorize action under this title by any department or agency with
respect to any employment practice of any employer, employment agency,
or labor organization except where a primary objective of the Federal
financial assistance is to provide employment.
SEC. 605. Nothing in this title shall add to or detract from any
existing authority with respect to any program or activity under which
Federal financial assistance is extended by way of a contract of
insurance or guaranty.
TITLE VII--EQUAL EMPLOYMENT OPPORTUNITY
DEFINITIONS
SEC. 701. For the purposes of this title--
(a) The term "person" includes one or more individuals, labor unions,
partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy, or receivers.
(b) The term "employer" means a person engaged in an industry
affecting commerce who has twenty-five or more employees for each
working day in each of twenty or more calendar weeks in the current or
preceding calendar year, and any agent of such a person, but such term
does not include (1) the United States, a corporation wholly owned by
the Government of the United States, an Indian tribe, or a State or
political subdivision thereof, (2) a bona fide private membership club
(other than a labor organization) which is exempt from taxation under
section 501(c) of the Internal Revenue Code of 1954: Provided, That
during the first year after the effective date prescribed in
subsection (a) of section 716, persons having fewer than one hundred
employees (and their agents) shall not be considered employers, and,
during the second year after such date, persons having fewer than
seventy-five employees (and their agents) shall not be considered
employers, and, during the third year after such date, persons having
fewer than fifty employees (and their agents) shall not be considered
employers: Provided further, That it shall be the policy of the United
States to insure equal employment opportunities for Federal employees
without discrimination because of race, color, religion, sex or
national origin and the President shall utilize his existing authority
to effectuate this policy.
(c) The term "employment agency" means any person regularly
undertaking with or without compensation to procure employees for an
employer or to procure for employees opportunities to work for an
employer and includes an agent of such a person; but shall not include
an agency of the United States, or an agency of a State or political
subdivision of a State, except that such term shall include the United
States Employment Service and the system of State and local employment
services receiving Federal assistance.
(d) The term "labor organization" means a labor organization engaged
in an industry affecting commerce, and any agent of such an
organization, and includes any organization of any kind, any agency,
or employee representation committee, group, association, or plan so
engaged in which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours, or other terms
or conditions of employment, and any conference, general committee,
joint or system board, or joint council so engaged which is
subordinate to a national or international labor organization.
(e) A labor organization shall be deemed to be engaged in an industry
affecting commerce if (1) it maintains or operates a hiring hall or
hiring office which procures employees for an employer or procures for
employees opportunities to work for an employer, or (2) the number of
its members (or, where it is a labor organization composed of other
labor organizations or their representatives, if the aggregate number
of the members of such other labor organization) is (A) one hundred or
more during the first year after the effective date prescribed in
subsection (a) of section 716, (B) seventy-five or more during the
second year after such date or fifty or more during the third year, or
(C) twenty-five or more thereafter, and such labor organization--
(1) is the certified representative of employees under the provisions
of the National Labor Relations Act, as amended, or the Railway Labor
Act, as amended;
(2) although not certified, is a national or international labor
organization or a local labor organization recognized or acting as the
representative of employees of an employer or employers engaged in an
industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body which
is representing or actively seeking to represent employees of
employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of
paragraph (1) or (2) as the local or subordinate body through which
such employees may enjoy membership or become affiliated with such
labor organization; or
(5) is a conference, general committee, joint or system board, or
joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an
industry affecting commerce within the meaning of any of the preceding
paragraphs of this subsection.
(f) The term "employee" means an individual employed by an employer.
(g) The term "commerce" means trade, traffic, commerce,
transportation, transmission, or communication among the several
States; or between a State and any place outside thereof; or within
the District of Columbia, or a possession of the United States; or
between points in the same State but through a point outside thereof.
(h) The term "industry affecting commerce" means any activity,
business, or industry in commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow of commerce and includes
any activity or industry "affecting commerce" within the meaning of
the Labor-Management Reporting and Disclosure Act of 1959.
(i) The term "State" includes a State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, American Samoa,
Guam, Wake Island, The Canal Zone, and Outer Continental Shelf lands
defined in the Outer Continental Shelf Lands Act.
EXEMPTION
SEC. 702. This title shall not apply to an employer with respect to
the employment of aliens outside any State, or to a religious
corporation, association, or society with respect to the employment of
individuals of a particular religion to perform work connected with
the carrying on by such corporation, association, or society of its
religious activities or to an educational institution with respect to
the employment of individuals to perform work connected with the
educational activities of such institution.
DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL
ORIGIN
SEC. 703. (a) It shall be an unlawful employment practice for an
employer--
(1) to fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because
of such individual's race, color, religion, sex, or national origin;
or
(2) to limit, segregate, or classify his employees in any way which
would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect his status as an employee,
because of such individual's race, color, religion, sex, or national
origin.
(b) It shall be an unlawful employment practice for an employment
agency to fail or refuse to refer for employment, or otherwise to
discriminate against, any individual because of his race, color,
religion, sex, or national origin, or to classify or refer for
employment any individual on the basis of his race, color, religion,
sex, or national origin.
(c) It shall be an unlawful employment practice for a labor
organization--
(1) to exclude or to expel from its membership, or otherwise to
discriminate against, any individual because of his race, color,
religion, sex, or national origin;
(2) to limit, segregate, or classify its membership, or to classify or
fail or refuse to refer for employment any individual, in any way
which would deprive or tend to deprive any individual of employment
opportunities, or would limit such employment opportunities or
otherwise adversely affect his status as an employee or as an
applicant for employment, because of such individual's race, color,
religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate against
an individual in violation of this section.
(d) It shall be an unlawful employment practice for any employer,
labor organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-job
training programs to discriminate against any individual because of
his race, color, religion, sex, or national origin in admission to, or
employment in, any program established to provide apprenticeship or
other training.
(e) Notwithstanding any other provision of this title, (1) it shall
not be an unlawful employment practice for an employer to hire and
employ employees, for an employment agency to classify, or refer for
employment any individual, for a labor organization to classify its
membership or to classify or refer for employment any individual, or
for an employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training or retraining
programs to admit or employ any individual in any such program, on the
basis of his religion, sex, or national origin in those certain
instances where religion, sex, or national origin is a bona fide
occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise, and (2) it shall
not be an unlawful employment practice for a school, college,
university, or other educational institution or institution of
learning to hire and employ employees of a particular religion if such
school, college, university, or other educational institution or
institution of learning is, in whole or in substantial part, owned,
supported, controlled, or managed by a particular religion or by a
particular religious corporation, association, or society, or if the
curriculum of such school, college, university, or other educational
institution or institution of learning is directed toward the
propagation of a particular religion.
(f) As used in this title, the phrase "unlawful employment practice"
shall not be deemed to include any action or measure taken by an
employer, labor organization, joint labor-management committee, or
employment agency with respect to an individual who is a member of the
Communist Party of the United States or of any other organization
required to register as a Communist-action or Communist-front
organization by final order of the Subversive Activities Control Board
pursuant to the Subversive Activities Control Act of 1950.
(g) Notwithstanding any other provision of this title, it shall not be
an unlawful employment practice for an employer to fail or refuse to
hire and employ any individual for any position, for an employer to
discharge any individual from any position, or for an employment
agency to fail or refuse to refer any individual for employment in any
position, or for a labor organization to fail or refuse to refer any
individual for employment in any position, if--
(1) the occupancy of such position, or access to the premises in or
upon which any part of the duties of such position is performed or is
to be performed, is subject to any requirement imposed in the interest
of the national security of the United States under any security
program in effect pursuant to or administered under any statute of the
United States or any Executive order of the President; and
(2) such individual has not fulfilled or has ceased to fulfill that
requirement.
(h) Notwithstanding any other provision of this title, it shall not be
an unlawful employment practice for an employer to apply different
standards of compensation, or different terms, conditions, or
privileges of employment pursuant to a bona fide seniority or merit
system, or a system which measures earnings by quantity or quality of
production or to employees who work in different locations, provided
that such differences are not the result of an intention to
discriminate because of race, color, religion, sex, or national
origin, nor shall it be an unlawful employment practice for an
employer to give and to act upon the results of any professionally
developed ability test provided that such test, its administration or
action upon the results is not designed, intended or used to
discriminate because of race, color, religion, sex or national origin.
It shall not be an unlawful employment practice under this title for
any employer to differentiate upon the basis of sex in determining the
amount of the wages or compensation paid or to be paid to employees of
such employer if such differentiation is authorized by the provisions
of section 6(d) of the Fair Labor Standards Act of 1938, as amended
(29 U.S.C. 206(d)).
(i) Nothing contained in this title shall apply to any business or
enterprise on or near an Indian reservation with respect to any
publicly announced employment practice of such business or enterprise
under which a preferential treatment is given to any individual
because he is an Indian living on or near a reservation.
(j) Nothing contained in this title shall be interpreted to require
any employer, employment agency, labor organization, or joint labor-
management committee subject to this title to grant preferential
treatment to any individual or to any group because of the race,
color, religion, sex, or national origin of such individual or group
on account of an imbalance which may exist with respect to the total
number or percentage of persons of any race, color, religion, sex, or
national origin employed by any employer, referred or classified for
employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to, or
employed in, any apprenticeship or other training program, in
comparison with the total number or percentage of persons of such
race, color, religion, sex, or national origin in any community,
State, section, or other area, or in the available work force in any
community, State, section, or other area.
OTHER UNLAWFUL EMPLOYMENT PRACTICES
SEC. 704. (a) It shall be an unlawful employment practice for an
employer to discriminate against any of his employees or applicants
for employment, for an employment agency to discriminate against any
individual, or for a labor organization to discriminate against any
member thereof or applicant for membership, because he has opposed,
any practice made an unlawful employment practice by this title, or
because he has made a charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or hearing under this
title.
(b) It shall be an unlawful employment practice for an employer, labor
organization, or employment agency to print or publish or cause to be
printed or published any notice or advertisement relating to
employment by such an employer or membership in or any classification
or referral for employment by such a labor organization, or relating
to any classification or referral for employment by such an employment
agency, indicating any preference, limitation, specification, or
discrimination, based on race, color, religion, sex, or national
origin, except that such a notice or advertisement may indicate a
preference, limitation, specification, or discrimination based on
religion, sex, or national origin when religion, sex, or national
origin is a bona fide occupational qualification for employment.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SEC. 705. (a) There is hereby created a Commission to be known as the
Equal Employment Opportunity Commission, which shall be composed of
five members, not more than three of whom shall be members of the same
political party, who shall be appointed by the President by and with
the advice and consent of the Senate. One of the original members
shall be appointed for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years,
and one for a term of five years, beginning from the date of enactment
of this title, but their successors shall be appointed for terms of
five years each, except that any individual chosen to fill a vacancy
shall be appointed only for the unexpired term of the member whom he
shall succeed. The President shall designate one member to serve as
Chairman of the Commission, and one member to serve as Vice Chairman.
The Chairman shall be responsible on behalf of the Commission for the
administrative operations of the Commission, and shall appoint, in
accordance with the civil service laws, such officers, agents,
attorneys, and employees as it deems necessary to assist it in the
performance of its functions and to fix their compensation in
accordance with the Classification Act of 1949, as amended. The Vice
Chairman shall act as Chairman in the absence or disability of the
Chairman or in the event of a vacancy in that office.
(b) A vacancy in the Commission shall not impair the right of the
remaining members to exercise all the powers of the Commission and
three members thereof shall constitute a quorum.
(c) The Commission shall have an official seal which shall be
judicially noticed.
(d) The Commission shall at the close of each fiscal year report to
the Congress and to the President concerning the action it has taken;
the names, salaries, and duties of all individuals in its employ and
the moneys it has disbursed; and shall make such further reports on
the cause of and means of eliminating discrimination and such
recommendations for further legislation as may appear desirable.
(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C.
2201-2209), is further amended--
(1) by adding to section 105 thereof (5 U.S.C. 2204) the following
clause:
"(32) Chairman, Equal Employment Opportunity Commission"; and
(2) by adding to clause (45) of section 106(a) thereof (5 U.S.C.
2205(a)) the following: "Equal Employment Opportunity Commission
(4)."
(f) The principal office of the Commission shall be in or near the
District of Columbia, but it may meet or exercise any or all its
powers at any other place. The Commission may establish such regional
or State offices as it deems necessary to accomplish the purpose of
this title.
(g) The Commission shall have power--
(1) to cooperate with and, with their consent, utilize regional,
State, local, and other agencies, both public and private, and
individuals;
(2) to pay to witnesses whose depositions are taken or who are
summoned before the Commission or any of its agents the same witness
and mileage fees as are paid to witnesses in the courts of the United
States;
(3) to furnish to persons subject to this title such technical
assistance as they may request to further their compliance with this
title or an order issued thereunder;
(4) upon the request of (i) any employer, whose employees or some of
them, or (ii) any labor organization, whose members or some of them,
refuse or threaten to refuse to cooperate in effectuating the
provisions of this title, to assist in such effectuation by
conciliation or such other remedial action as is provided by this
title;
(5) to make such technical studies as are appropriate to effectuate
the purposes and policies of this title and to make the results of
such studies available to the public;
(6) to refer matters to the Attorney General with recommendations for
intervention in a civil action brought by an aggrieved party under
section 706, or for the institution of a civil action by the Attorney
General under section 707, and to advise, consult, and assist the
Attorney General on such matters.
(h) Attorneys appointed under this section may, at the direction of
the Commission, appear for and represent the Commission in any case in
court.
(i) The Commission shall, in any of its educational or promotional
activities, cooperate with other departments and agencies in the
performance of such educational and promotional activities.
(j) All officers, agents, attorneys, and employees of the Commission
shall be subject to the provisions of section 9 of the Act of August
2, 1939, as amended (the Hatch Act), notwithstanding any exemption
contained in such section.
PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES
SEC. 706. (a) Whenever it is charged in writing under oath by a person
claiming to be aggrieved, or a written charge has been filed by a
member of the Commission where he has reasonable cause to believe a
violation of this title has occurred (and such charge sets forth the
facts upon which it is based) that an employer, employment agency, or
labor organization has engaged in an unlawful employment practice, the
Commission shall furnish such employer, employment agency, or labor
organization (hereinafter referred to as the "respondent") with a copy
of such charge and shall make an investigation of such charge,
provided that such charge shall not be made public by the Commission.
If the Commission shall determine, after such investigation, that
there is reasonable cause to believe that the charge is true, the
Commission shall endeavor to eliminate any such alleged unlawful
employment practice by informal methods of conference, conciliation,
and persuasion. Nothing said or done during and as a part of such
endeavors may be made public by the Commission without the written
consent of the parties, or used as evidence in a subsequent
proceeding. Any officer or employee of the Commission, who shall make
public in any manner whatever any information in violation of this
subsection shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $1,000 or imprisoned not more
than one year.
(b) In the case of an alleged unlawful employment practice occurring
in a State, or political subdivision of a State, which has a State or
local law prohibiting the unlawful employment practice alleged and
establishing or authorizing a State or local authority to grant or
seek relief from such practice or to institute criminal proceedings
with respect thereto upon receiving notice thereof, no charge may be
filed under subsection (a) by the person aggrieved before the
expiration of sixty days after proceedings have been commenced under
the State or local law, unless such proceedings have been earlier
terminated, provided that such sixty-day period shall be extended to
one hundred and twenty days during the first year after the effective
date of such State or local law. If any requirement for the
commencement of such proceedings is imposed by a State or local
authority other than a requirement of the filing of a written and
signed statement of the facts upon which the proceeding is based, the
proceeding shall be deemed to have been commenced for the purposes of
this subsection at the time such statement is sent by registered mail
to the appropriate State or local authority.
(c) In the case of any charge filed by a member of the Commission
alleging an unlawful employment practice occurring in a State or
political subdivision of a State, which has a State or local law
prohibiting the practice alleged and establishing or authorizing a
State or local authority to grant or seek relief from such practice or
to institute criminal proceedings with respect thereto upon receiving
notice thereof, the Commission shall, before taking any action with
respect to such charge, notify the appropriate State or local
officials and, upon request, afford them a reasonable time, but not
less than sixty days (provided that such sixty-day period shall be
extended to one hundred and twenty days during the first year after
the effective day of such State or local law), unless a shorter period
is requested, to act under such State or local law to remedy the
practice alleged.
(d) A charge under subsection (a) shall be filed within ninety days
after the alleged unlawful employment practice occurred, except that
in the case of an unlawful employment practice with respect to which
the person aggrieved has followed the procedure set out in subsection
(b), such charge shall be filed by the person aggrieved within two
hundred and ten days after the alleged unlawful employment practice
occurred, or within thirty days after receiving notice that the State
or local agency has terminated the proceedings under the State or
local, law, whichever is earlier, and a copy of such charge shall be
filed by the Commission with the State or local agency.
(e) If within thirty days after a charge is filed with the Commission
or within thirty days after expiration of any period of reference
under subsection (c) (except that in either case such period may be
extended to not more than sixty days upon a determination by the
Commission that further efforts to secure voluntary compliance are
warranted), the Commission has been unable to obtain voluntary
compliance with this title, the Commission shall so notify the person
aggrieved and a civil action may, within thirty days thereafter, be
brought against the respondent named in the charge (1) by the person
claiming to be aggrieved, or (2) if such charge was filed by a member
of the Commission, by any person whom the charge alleges was aggrieved
by the alleged unlawful employment practice. Upon application by the
complainant and in such circumstances as the court may deem just, the
court may appoint an attorney for such complainant and may authorize
the commencement of the action without the payment of fees, costs, or
security. Upon timely application, the court may, in its discretion,
permit the Attorney General to intervene in such civil action if he
certifies that the case is of general public importance. Upon request,
the court may, in its discretion, stay further proceedings for not
more than sixty days pending the termination of State or local
proceedings described in subsection (b) or the efforts of the
Commission to obtain voluntary compliance.
(f) Each United States district court and each United States court of
a place subject to the jurisdiction of the United States shall have
jurisdiction of actions brought under this title. Such an action may
be brought in any judicial district in the State in which the unlawful
employment practice is alleged to have been committed, in the judicial
district in which the employment records relevant to such practice are
maintained and administered, or in the judicial district in which the
plaintiff would have worked but for the alleged unlawful employment
practice, but if the respondent is not found within any such district,
such an action may be brought within the judicial district in which
the respondent has his principal office. For purposes of sections 1404
and 1406 of title 28 of the United States Code, the judicial district
in which the respondent has his principal office shall in all cases be
considered a district in which the action might have been brought.
(g) If the court finds that the respondent has intentionally engaged
in or is intentionally engaging in an unlawful employment practice
charged in the complaint, the court may enjoin the respondent from
engaging in such unlawful employment practice, and order such
affirmative action as may be appropriate, which may include
reinstatement or hiring of employees, with or without back pay
(payable by the employer, employment agency, or labor organization, as
the case may be, responsible for the unlawful employment practice).
Interim earnings or amounts earnable with reasonable diligence by the
person or persons discriminated against shall operate to reduce the
back pay otherwise allowable. No order of the court shall require the
admission or reinstatement of an individual as a member of a union or
the hiring, reinstatement, or promotion of an individual as an
employee, or the payment to him of any back pay, if such individual
was refused admission, suspended, or expelled or was refused
employment or advancement or was suspended or discharged for any
reason other than discrimination on account of race, color, religion,
sex or national origin or in violation of section 704(a).
(h) The provisions of the Act entitled "An Act to amend the Judicial
Code and to define and limit the jurisdiction of courts sitting in
equity, and for other purposes," approved March 23, 1932 (29 U.S.C.
101-115), shall not apply with respect to civil actions brought under
this section.
(i) In any case in which an employer, employment agency, or labor
organization fails to comply with an order of a court issued in a
civil action brought under subsection (e), the Commission may commence
proceedings to compel compliance with such order.
(j) Any civil action brought under subsection (e) and any proceedings
brought under subsection (i) shall be subject to appeal as provided in
sections 1291 and 1292, title 28, United States Code.
(k) In any action or proceeding under this title the court, in its
discretion, may allow the prevailing party, other than the Commission
or the United States, a reasonable attorney's fee as part of the
costs, and the Commission and the United States shall be liable for
costs the same as a private person.
SEC. 707. (a) Whenever the Attorney General has reasonable cause to
believe that any person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the rights
secured by this title, and that the pattern or practice is of such a
nature and is intended to deny the full exercise of the rights herein
described, the Attorney General may bring a civil action in the
appropriate district court of the United States by filing with it a
complaint (1) signed by him (or in his absence the Acting Attorney
General), (2) setting forth facts pertaining to such pattern or
practice, and (3) requesting such relief, including an application for
a permanent or temporary injunction, restraining order or other order
against the person or persons responsible for such pattern or
practice, as he deems necessary to insure the full enjoyment of the
rights herein described.
(b) The district courts of the United States shall have and shall
exercise jurisdiction of proceedings instituted pursuant to this
section, and in any such proceeding the Attorney General may file with
the clerk of such court a request that a court of three judges be
convened to hear and determine the case. Such request by the Attorney
General shall be accompanied by a certificate that, in his opinion,
the case is of general public importance. A copy of the certificate
and request for a three-judge court shall be immediately furnished by
such clerk to the chief judge of the circuit (or in his absence, the
presiding circuit judge of the circuit) in which the case is pending.
Upon receipt of such request it shall be the duty of the chief judge
of the circuit or the presiding circuit judge, as the case may be, to
designate immediately three judges in such circuit, of whom at least
one shall be a circuit judge and another of whom shall be a district
judge of the court in which the proceeding was instituted, to hear and
determine such case, and it shall be the duty of the judges so
designated to assign the case for hearing at the earliest practicable
date, to participate in the hearing and determination thereof, and to
cause the case to be in every way expedited. An appeal from the final
judgment of such court will lie to the Supreme Court.
In the event the Attorney General fails to file such a request in any
such proceeding, it shall be the duty of the chief judge of the
district (or in his absence, the acting chief judge) in which the case
is pending immediately to designate a judge in such district to hear
and determine the case. In the event that no judge in the district is
available to hear and determine the case, the chief judge of the
district, or the acting chief judge, as the case may be, shall certify
this fact to the chief judge of the circuit (or in his absence, the
acting chief judge) who shall then designate a district or circuit
judge of the circuit to hear and determine the case.
It shall be the duty of the judge designated pursuant to this section
to assign the case for hearing at the earliest practicable date and to
cause the case to be in every way expedited.
EFFECT ON STATE LAWS
SEC. 708. Nothing in this title shall be deemed to exempt or relieve
any person from any liability, duty, penalty, or punishment provided
by any present or future law of any State or political subdivision of
a State, other than any such law which purports to require or permit
the doing of any act which would be an unlawful employment practice
under this title.
INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES
SEC. 709. (a) In connection with any investigation of a charge filed
under section 706, the Commission or its designated representative
shall at all reasonable times have access to, for the purposes of
examination, and the right to copy any evidence of any person being
investigated or proceeded against that relates to unlawful employment
practices covered by this title and is relevant to the charge under
investigation.
(b) The Commission may cooperate with State and local agencies charged
with the administration of State fair employment practices laws and,
with the consent of such agencies, may for the purpose of carrying out
its functions and duties under this title and within the limitation of
funds appropriated specifically for such purpose, utilize the services
of such agencies and their employees and, notwithstanding any other
provision of law, may reimburse such agencies and their employees for
services rendered to assist the Commission in carrying out this title.
In furtherance of such cooperative efforts, the Commission may enter
into written agreements with such State or local agencies and such
agreements may include provisions under which the Commission shall
refrain from processing a charge in any cases or class of cases
specified in such agreements and under which no person may bring a
civil action under section 706 in any cases or class of cases so
specified, or under which the Commission shall relieve any person or
class of persons in such State or locality from requirements imposed
under this section. The Commission shall rescind any such agreement
whenever it determines that the agreement no longer serves the
interest of effective enforcement of this title.
(c) Except as provided in subsection (d), every employer, employment
agency, and labor organization subject to this title shall (1) make
and keep such records relevant to the determinations of whether
unlawful employment practices have been or are being committed, (2)
preserve such records for such periods, and (3) make such reports
therefrom, as the Commission shall prescribe by regulation or order,
after public hearing, as reasonable, necessary, or appropriate for the
enforcement of this title or the regulations or orders thereunder. The
Commission shall, by regulation, require each employer, labor
organization, and joint labor-management committee subject to this
title which controls an apprenticeship or other training program to
maintain such records as are reasonably necessary to carry out the
purpose of this title, including, but not limited to, a list of
applicants who wish to participate in such program, including the
chronological order in which such applications were received, and
shall furnish to the Commission, upon request, a detailed description
of the manner in which persons are selected to participate in the
apprenticeship or other training program. Any employer, employment
agency, labor organization, or joint labor-management committee which
believes that the application to it of any regulation or order issued
under this section would result in undue hardship may (1) apply to the
Commission for an exemption from the application of such regulation or
order, or (2) bring a civil action in the United States district court
for the district where such records are kept. If the Commission or the
court, as the case may be, finds that the application of the
regulation or order to the employer, employment agency, or labor
organization in question would impose an undue hardship, the
Commission or the court, as the case may be, may grant appropriate
relief.
(d) The provisions of subsection (c) shall not apply to any employer,
employment agency, labor organization, or joint labor-management
committee with respect to matters occurring in any State or political
subdivision thereof which has a fair employment practice law during
any period in which such employer, employment agency, labor
organization, or joint labor-management committee is subject to such
law, except that the Commission may require such notations on records
which such employer, employment agency, labor organization, or joint
labor-management committee keeps or is required to keep as are
necessary because of differences in coverage or methods of enforcement
between the State or local law and the provisions of this title. Where
an employer is required by Executive Order 10925, issued March 6,
1961, or by any other Executive order prescribing fair employment
practices for Government contractors and subcontractors, or by rules
or regulations issued thereunder, to file reports relating to his
employment practices with any Federal agency or committee, and he is
substantially in compliance with such requirements, the Commission
shall not require him to file additional reports pursuant to
subsection (c) of this section.
(e) It shall be unlawful for any officer or employee of the Commission
to make public in any manner whatever any information obtained by the
Commission pursuant to its authority under this section prior to the
institution of any proceeding under this title involving such
information. Any officer or employee of the Commission who shall make
public in any manner whatever any information in violation of this
subsection shall be guilty of a misdemeanor and upon conviction
thereof, shall be fined not more than $1,000, or imprisoned not more
than one year.
INVESTIGATORY POWERS
SEC. 710. (a) For the purposes of any investigation of a charge filed
under the authority contained in section 706, the Commission shall
have authority to examine witnesses under oath and to require the
production of documentary evidence relevant or material to the charge
under investigation.
(b) If the respondent named in a charge filed under section 706 fails
or refuses to comply with a demand of the Commission for permission to
examine or to copy evidence in conformity with the provisions of
section 709(a), or if any person required to comply with the
provisions of section 709 (c) or (d) fails or refuses to do so, or if
any person fails or refuses to comply with a demand by the Commission
to give testimony under oath, the United States district court for the
district in which such person is found, resides, or transacts
business, shall, upon application of the Commission, have jurisdiction
to issue to such person an order requiring him to comply with the
provisions of section 709 (c) or (d) or to comply with the demand of
the Commission, but the attendance of a witness may not be required
outside the State where he is found, resides, or transacts business
and the production of evidence may not be required outside the State
where such evidence is kept.
(c) Within twenty days after the service upon any person charged under
section 706 of a demand by the Commission for the production of
documentary evidence or for permission to examine or to copy evidence
in conformity with the provisions of section 709(a), such person may
file in the district court of the United States for the judicial
district in which he resides, is found, or transacts business, and
serve upon the Commission a petition for an order of such court
modifying or setting aside such demand. The time allowed for
compliance with the demand in whole or in part as deemed proper and
ordered by the court shall not run during the pendency of such
petition in the court. Such petition shall specify each ground upon
which the petitioner relies in seeking such relief, and may be based
upon any failure of such demand to comply with the provisions of this
title or with the limitations generally applicable to compulsory
process or upon any constitutional or other legal right or privilege
of such person. No objection which is not raised by such a petition
may be urged in the defense to a proceeding initiated by the
Commission under subsection (b) for enforcement of such a demand
unless such proceeding is commenced by the Commission prior to the
expiration of the twenty-day period, or unless the court determines
that the defendant could not reasonably have been aware of the
availability of such ground of objection.
(d) In any proceeding brought by the Commission under subsection (b),
except as provided in subsection (c) of this section, the defendant
may petition the court for an order modifying or setting aside the
demand of the Commission.
SEC. 711. (a) Every employer, employment agency, and labor
organization, as the case may be, shall post and keep posted in
conspicuous places upon its premises where notices to employees,
applicants for employment, and members are customarily posted a notice
to be prepared or approved by the Commission setting forth excerpts
from or, summaries of, the pertinent provisions of this title and
information pertinent to the filing of a complaint.
(b) A willful violation of this section shall be punishable by a fine
of not more than $100 for each separate offense.
VETERANS' PREFERENCE
SEC. 712. Nothing contained in this title shall be construed to repeal
or modify any Federal, State, territorial, or local law creating
special rights or preference for veterans.
RULES AND REGULATIONS
SEC. 713. (a) The Commission shall have authority from time to time to
issue, amend, or rescind suitable procedural regulations to carry out
the provisions of this title. Regulations issued under this section
shall be in conformity with the standards and limitations of the
Administrative Procedure Act.
(b) In any action or proceeding based on any alleged unlawful
employment practice, no person shall be subject to any liability or
punishment for or on account of (1) the commission by such person of
an unlawful employment practice if he pleads and proves that the act
or omission complained of was in good faith, in conformity with, and
in reliance on any written interpretation or opinion of the
Commission, or (2) the failure of such person to publish and file any
information required by any provision of this title if he pleads and
proves that he failed to publish and file such information in good
faith, in conformity with the instructions of the Commission issued
under this title regarding the filing of such information. Such a
defense, if established, shall be a bar to the action or proceeding,
notwithstanding that (A) after such act or omission, such
interpretation or opinion is modified or rescinded or is determined by
judicial authority to be invalid or of no legal effect, or (B) after
publishing or filing the description and annual reports, such
publication or filing is determined by judicial authority not to be in
conformity with the requirements of this title.
FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES
SEC. 714. The provisions of section 111, title 18, United States Code,
shall apply to officers, agents, and employees of the Commission in
the performance of their official duties.
SPECIAL STUDY BY SECRETARY OF LABOR
SEC. 715. The Secretary of Labor shall make a full and complete study
of the factors which might tend to result in discrimination in
employment because of age and of the consequences of such
discrimination on the economy and individuals affected. The Secretary
of Labor shall make a report to the Congress not later than June 30,
1965, containing the results of such study and shall include in such
report such recommendations for legislation to prevent arbitrary
discrimination in employment because of age as he determines
advisable.
EFFECTIVE DATE
SEC. 716. (a) This title shall become effective one year after the
date of its enactment.
(b) Notwithstanding subsection (a), sections of this title other than
sections 703, 704, 706, and 707 shall become effective immediately.
(c) The President shall, as soon as feasible after the enactment of
this title, convene one or more conferences for the purpose of
enabling the leaders of groups whose members will be affected by this
title to become familiar with the rights afforded and obligations
imposed by its provisions, and for the purpose of making plans which
will result in the fair and effective administration of this title
when all of its provisions become effective. The President shall
invite the participation in such conference or conferences of (1) the
members of the President's Committee on Equal Employment Opportunity,
(2) the members of the Commission on Civil Rights, (3) representatives
of State and local agencies engaged in furthering equal employment
opportunity, (4) representatives of private agencies engaged in
furthering equal employment opportunity, and (5) representatives of
employers, labor organizations, and employment agencies who will be
subject to this title.
TITLE VIII--REGISTRATION AND VOTING STATISTICS
SEC. 801. The Secretary of Commerce shall promptly conduct a survey to
compile registration and voting statistics in such geographic areas as
may be recommended by the Commission on Civil Rights. Such a survey
and compilation shall, to the extent recommended by the Commission on
Civil Rights, only include a count of persons of voting age by race,
color, and national origin, and determination of the extent to which
such persons are registered to vote, and have voted in any statewide
primary or general election in which the Members of the United States
House of Representatives are nominated or elected, since January 1,
1960. Such information shall also be collected and compiled in
connection with the Nineteenth Decennial Census, and at such other
times as the Congress may prescribe. The provisions of section 9 and
chapter 7 of title 13, United States Code, shall apply to any survey,
collection, or compilation of registration and voting statistics
carried out under this title: Provided, however, That no person shall
be compelled to disclose his race, color, national origin, or
questioned about his political party affiliation, how he voted, or the
reasons therefore, nor shall any penalty be imposed for his failure or
refusal to make such disclosure. Every person interrogated orally, by
written survey or questionnaire or by any other means with respect to
such information shall be fully advised with respect to his right to
fail or refuse to furnish such information.
TITLE IX--INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS
CASES
SEC. 901. Title 28 of the United States Code, section 1447(d), is
amended to read as follows:
"An order remanding a case to the State court from which it was
removed is not reviewable on appeal or otherwise, except that an order
remanding a case to the State court from which it was removed pursuant
to section 1443 of this title shall be reviewable by appeal or
otherwise."
SEC. 902. Whenever an action has been commenced in any court of the
United States seeking relief from the denial of equal protection of
the laws under the fourteenth amendment to the Constitution on account
of race, color, religion, or national origin, the Attorney General for
or in the name of the United States may intervene in such action upon
timely application if the Attorney General certifies that the case is
of general public importance. In such action the United States shall
be entitled to the same relief as if it had instituted the action.
TITLE X--ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE
SEC. 1001. (a) There is hereby established in and as a part of the
Department of Commerce a Community Relations Service (hereinafter
referred to as the "Service"), which shall be headed by a Director who
shall be appointed by the President with the advice and consent of the
Senate for a term of four years. The Director is authorized to
appoint, subject to the civil service laws and regulations, such other
personnel as may be necessary to enable the Service to carry out its
functions and duties, and to fix their compensation in accordance with
the Classification Act of 1949, as amended. The Director is further
authorized to procure services as authorized by section 15 of the Act
of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at rates for
individuals not in excess of $75 per diem.
(b) Section 106(a) of the Federal Executive Pay Act of 1956, as
amended (5 U.S.C. 2205(a)), is further amended by adding the following
clause thereto:
"(52) Director, Community Relations Service."
SEC. 1002. It shall be the function of the Service to provide
assistance to communities and persons therein in resolving disputes,
disagreements, or difficulties relating to discriminatory practices
based on race, color, or national origin which impair the rights of
persons in such communities under the Constitution or laws of the
United States or which affect or may affect interstate commerce. The
Service may offer its services in cases of such disputes,
disagreements, or difficulties whenever, in its judgment, peaceful
relations among the citizens of the community involved are threatened
thereby, and it may offer its services either upon its own motion or
upon the request of an appropriate State or local official or other
interested person.
SEC. 1003. (a) The Service shall, whenever possible, in performing its
functions, seek and utilize the cooperation of appropriate State or
local, public, or private agencies.
(b) The activities of all officers and employees of the Service in
providing conciliation assistance shall be conducted in confidence and
without publicity, and the Service shall hold confidential any
information acquired in the regular performance of its duties upon the
understanding that it would be so held. No officer or employee of the
Service shall engage in the performance of investigative or
prosecuting functions of any department or agency in any litigation
arising out of a dispute in which he acted on behalf of the Service.
Any officer or other employee of the Service, who shall make public in
any manner whatever any information in violation of this subsection,
shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than $1,000 or imprisoned not more than one
year.
SEC. 1004. Subject to the provisions of sections 205 and 1003(b), the
Director shall, on or before January 31 of each year, submit to the
Congress a report of the activities of the Service during the
preceding fiscal year.
TITLE XI--MISCELLANEOUS
SEC. 1101. In any proceeding for criminal contempt arising under title
II, III, IV, V, VI, or VII of this Act, the accused, upon demand
therefor, shall be entitled to a trial by jury, which shall conform as
near as may be to the practice in criminal cases. Upon conviction, the
accused shall not be fined more than $1,000 or imprisoned for more
than six months.
This section shall not apply to contempts committed in the presence of
the court, or so near thereto as to obstruct the administration of
justice, nor to the misbehavior, misconduct, or disobedience of any
officer of the court in respect to writs, orders, or process of the
court. No person shall be convicted of criminal contempt hereunder
unless the act or omission constituting such contempt shall have been
intentional, as required in other cases of criminal contempt.
Nor shall anything herein be construed to deprive courts of their
power, by civil contempt proceedings, without a jury, to secure
compliance with or to prevent obstruction of, as distinguished from
punishment for violations of, any lawful writ, process, order, rule,
decree, or command of the court in accordance with the prevailing
usages of law and equity, including the power of detention.
SEC. 1102. No person should be put twice in jeopardy under the laws of
the United States for the same act or omission. For this reason, an
acquittal or conviction in a prosecution for a specific crime under
the laws of the United States shall bar a proceeding for criminal
contempt, which is based upon the same act or omission and which
arises under the provisions of this Act; and an acquittal or
conviction in a proceeding for criminal contempt, which arises under
the provisions of this Act, shall bar a prosecution for a specific
crime under the laws of the United States based upon the same act or
omission.
SEC. 1103. Nothing in this Act shall be construed to deny, impair, or
otherwise affect any right or authority of the Attorney General or of
the United States or any agency or officer thereof under existing law
to institute or intervene in any action or proceeding.
SEC. 1104. Nothing contained in any title of this Act shall be
construed as indicating an intent on the part of Congress to occupy
the field in which any such title operates to the exclusion of State
laws on the same subject matter, nor shall any provision of this Act
be construed as invalidating any provision of State law unless such
provision is inconsistent with any of the purposes of this Act, or any
provision thereof.
SEC. 1105. There are hereby authorized to be appropriated such sums as
are necessary to carry out the provisions of this Act.
SEC. 1106. If any provision of this Act or the application thereof to
any person or circumstances is held invalid, the remainder of the Act
and the application of the provision to other persons not similarly
situated or to other circumstances shall not be affected thereby.
Approved July 2, 1964.
LEGISLATIVE HISTORY:
HOUSE REPORTS: Nos. 914, 914 pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 110 (1964):
Jan. 31; Feb. 1, 3-8: Considered in House.
Feb. 10: Considered and passed House.
Feb. 26: Senate placed bill on calendar.
Mar. 9-14, 16-21, 23-25: Senate debated motion to consider bill.
Mar. 26: Senate agreed to motion to consider bill.
Mar. 30, 31; Apr. 1-3, 6-11, 13-18, 20-25, 27-30; May 1,
2, 4-8, 11-16, 18-22, 25-28; June 1-6: Considered in Senate.
June 8: Motion for cloture filed in Senate.
June 9: Considered in Senate.
June 10: Senate adopted motion for cloture.
June 11-13, 15-18: Considered in Senate.
June 19: Considered and passed Senate, amended.
July 2: House concurred in Senate amendments.
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