valelly task 3: the voting provisions of the 1957 … rightsacts.pdfvalelly task 3: the voting...

VALELLY TASK 3: THE VOTING PROVISIONS OF THE 1957

AND 1960 CIVIL RIGHTS ACTS (1964 also included)

Reference: U.S. LAWS, STATUTES, ETC. CIVIL RIGHTS ACTS OF 1957, 1960, 1964, 1968, & VOTING RIGHTS ACT OF 1965, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, 91ST CONGRESS, 1ST SESSION, 1969 Princeton University Firestone Library Call number: KF4744.1969 THIS PACKET CONTAINS EXCERPTS FROM THE CIVIL RIGHTS ACTS OF 1957, 1960, AND 1964. EACH EXCERPT INCLUDES THE VOTING PROVISIONS OF EACH ACT. THE EXCERPTS FROM EACH ACT ARE SEPARATED AND MARKED, AS SEEN BELOW AND IN THE PACKET ITSELF. CIVIL RIGHTS ACT OF 1957 Packet pages 3-5, Book pages 2, 4-5 CIVIL RIGHTS ACT OF 1960 Packet pages 6-10, Book pages 9-13 CIVIL RIGHTS ACT OF 1964 Packet pages 11-14, Book pages 15-16, 25, 40

COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES

71 Stat . 6

witness' f ees .

Reports t o President and C o n m a s .

Termination or Camnission.

P u b . Law 8 5 - 3 1 5 2 S e p t e m b e r 9 , 1 9 5 7 35.

( i ) Upon payinei?t of the cost thereof, a witness nlny obtain a transcript copy of 111s testiinolly give11 a t >I public session or, if given at an executive session,. when authorized by the Commission.

( j ) A witness attending any session of the Commission shall receive $4 for each da 's attendance and for the time necessarily occupied in goii~g to and returnjng from the same, and 8 cents er mile for noing from and return~nq to his place of nsideace. d t n e s s e s who D attend a t points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an addi- tiollal allowaace of $12 per day for expenses of subsistence, including t]le time necessarll occupied in goin to and returllinu from the place 5, of attendance. d l e a g e payments s all be tendeleif to the witness llpon service of H sub ena issued on behalf of the Commission or any ~ukominit tea the reo l

(k) The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other lnz~tter which would requiie the presence of the party subpenmd a t a hearin to be held outside of the State. wherein the \vitness is found or resi f es or transacts business.

COMI'EXSATION OF MEMI5AHR OF 'I'HE U)>tMISHlON

SEC. 103. (a) Ehch member of the ('ominission who is not otherwise in the service of the Govei*nment of the United States shall receive the sum of $50 per day for each da spent ill the work of tlle Commis- sion, shall be reimbursed for actuarand necessary travel expenses, and shall receive a per diem allowance of $13 in lieu of actual expenses for subsistence when away from his usual place of residence, inclusive of fees or tips to orters and stewards.

(b) Each melnkr of the Commission r h o is otherwise ill the service of the Government of the United States shall serve without compeasa- tion in addition to that received for such other service, but while en aged in the work of tlie Commissioil shall be reinibursed for actual an3 necessary travel expenses, and shall receive n er diem allowance of $12 ill lieu of actual expenses for subsistellee wRen away from liis usual lace of residence, incliisive of fees or tips to porters and stew arf;s.

DLTIES O F THE CO&tMISSlON

SEC. 104. ( a ) The Commission shall- (1) investigate allegations in writing ilnder 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 reli8ion, or national origin; ~vhich writing, under oath or adrmatlon shall set forth the facts up011 u.hich such belief or beliefs are based , -----

(2) study and collect 'information i.oacerning legal develop- lnellts constituting a denial of equal protection of the laws under the Constitution: and

(3) appraise the-iaws alid policies of the Federal Government with respect to equal protection of the laws under the Con- stitution.

(b) The Commission shall submit interim reports to the President to the Congress at such times as either tlie Commissioll or the

President shall deem desirable, and shall submit to the President and fo the Congress a final and comprehensive report of its activities, fiild- In@, and ~o ln rne i~da t ions 11ot later than two years from the date of the enactment of this Act.

(c) Sixty days after the submissioil of its final rejm1.t aiid recoin- mendations the Commission shnll cease to exist.

S e p t e m b e r 9 , 1 9 5 7 3 P u b . L a w 8 5 - 3 1 5 7 1 Stat . 636.

POWERS OF THE CONNISSION

SEC. 105. (a) There sliall be a full-tinle staff director for the Com- Staff director. inission who shall h, appointed by the President by and with the advice and consent of the Sellate and ~vho shall recelve conlpensatlon at a rate, to be fixed by the President, not in excess of $22,500 a year. The President sliall consult with the Commission before submittin the ilonliilatioll of tuly person for appointment to the position of sta P director. Within the l~mitations of its appropri~tions, the Commis- sion nlay appoint such other personnel as ~t deems advisable, in accordance yi th the civil service and clnssificatioll laws, and may procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810: 5 U. S. C . 55a), but at rates for individuals not ill excess of $50 per diem.

(b) The Commission shall not accept or utilize services of volun- tary or uilcompensated personllel, and the term "u-lloever" as used i11 paragraph (g) of section 102 hereof shall be construed to mean a person whose services are compensated by the United States.

(c) The Commission may coilstitute such advlsory committees within States comlsosed of citizens of that State and may consult with governors, attorneys genera1,'and other representatives of State and local governments, and private organizations, as i t deems advisable.

(d) hlernbers of the Commission, and members of advisory com- inittees constituted pursuailt to subsectioil (c) of this section, shall be exempt from the operation of sections 281, 283, 284, 434, and 1914 of title 18 of the TTnited States Code, and section 190 of the Revised 62 S t a t . 697 Statutes ( 5 U. S. C. 99). e t 3. -

(e) All Federal agencies shall coo erate fully with the Commis-

duties. f sion to the end that it may effective y carry out its functions and

( f ) The Commission, or on the authorizatioll of the Commission Hearings,eto. any subcommittee of two or illore members, a t 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 a t such times and places as the Commission or such authorized subcommittee may deem advisable. Subpenas for the attendance and testimony of Subpenas. witnesses or the production of written or other matter may be issued in accordtilice \\-it11 tlle rules of the Conlmission as contained in section 102 ( j ) and (k ) of this Act, over the signature of the Chairman of the Commission or of such subcomnlittee, and may be served by any person designated by such Chairman.

(g) I n case of contumacy or refusal to obey a subpena, an district court of the United States or the United States C O U ~ of an Jerritory or possession, or the District Court of the United States $r the Dis- trict of Columbia, within the jurisdictioil of which the inquiry is carried on or within the 'urisdiction of which said person b r i l t y Of contumacy or refusal to o ey is found or resides or transacts usiness, upon application by the Attorney General of the TJnited States shall have jurisdiction to issue to sucli person an order requiring such person to appear before the Commission or n subcommittee thereof, there to produce evidence if so ordered, or there to give testimon touching the matter under iilvestigation; and any failure to obey suc K

I order of the court mny be punished by said court as a contempt thereof.

I -APPROPRIATION8

I SEC. 106. Tllere is hereby authorized to be appro riate.d, out of any nloiley iii the Treasury not otherwise appro riate$ so much as may be necessary to carry out the provisions of t!is Act.

Pub. Law 85-315 4 September 9 , 1957 7 1 S t a t . 637.

PSiR~ II--'l'o YROYIDE FOR AN AULII'TIONAI. .IRSISTANT -\I-~OHREY GENERAL

SEC. 111. There sliall be in the Depnrtmellt of Justice one ndditional dssistant Attorney General, who shall be appointed by the President, by and with the advi~e and consent of the Senate, who shall assist the Attorney General in the performance of his dut~es, and who shall receive coln ensation at the rnte prescribed by law for other Assistant Attorneys Rnerul.

62 stat. 932. SEC. 121. Section 1343 of title 28, United Stntes Code, is amended as follows:

(a) Amend the catch line of said section to read, "$ 1343. Civil rights and elective franchise"

(b) Delete the period at the end of paragraph (3) and insert ill

lieu thereof a semicolon. (c) Add a paragraph as follows: "(4) To recover damages or to secure equitable or other 1-lief under

any Act of Congress providing for the protectioll of civil rights, including tlle right to vote."

Repeal. SEC. 122. Sectioil 1989 of the Revised Statutes (42 r. S. C. 1993) is hereby repealed.

PART IV-To PROVIDE MFANS OF FURTHER SECUBING AND PROTECT~SQ THE RIGHT TO VOTE

SEC. 131. Sectio~l 2004 of the Revised Statntes (42 U. S. C. 197l), is amended as follows :

(a Amend the catch line of said section to read, "Voting rights". (b) Designate its p-nt text with the subsection s nlbol "(a)". 9 (c) Add, immediately following the present text, our new sub-

sectioils to read as follows : "(b) No erson, whether acting under color of law or other\\-iw,

shall intimixate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, 01. of

I causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, residential elector, Member of the Senate, or Member of the House oP~e~resentatives, Delegates , or Commissioners from the Territories or possessions, at any general,

a special, or primary election held solely or in part for tlle pllrpose of selecting or electing any such candidate.

"(c) Whenever any person has engaged or there are reasoiinble grounds to believe that any person is about to engage in any act qr y t i c e which would deprlve any other person of an right or privl- ege secured by subsection (a) or (b), the Attorney Eener.1 may ill-

sfltute f?r the United States, or in the name of the United States, a $1~11 actlon.or other proper proceeding for preventive relief, inclyd- !ng an a ~ ~ l l c a t l o n for a Permanent or tem orar injunction, restrain- lng order, or other order. In any proceegirp {ereunder the United Stntes shall be liable for costs the same ns a private person.

Pub. ~ a w 86-449 8 Mav 6. 1960 - - - -. -. .- * -

74 S A T . 87 'EC.' L. - . le niinl sis of chapter 49 of such title is nmended by

: S i n g E&zt tile foTlon-ing : "1074. Flight to avoid prosecution tor damaging or destroying any building

or other real or personal property."

, 3 SEC. 203. Chapter 39 of title 18 of the United States Code is lllllended by adding a t the end thereof the following new section : *;$837. Explosives; illegal use or possession; and, threats or false

information concerning attempts to damage or destroy real or personal property by fire or explosives

;L (a) As used in this section- '' 'commerce' mealis commerce bets-een any State, Territory,

Common~vealth, District, or possession of the United States, and any place outside thereof; or between points within the same State, Territor or possession, or the District of Columbia, but T through any p ace outside thereof; or within any Territory, or possession of the United States, or the District of Columbia;

" 'explosive' means pnpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers , detonators, and other detonating agents, d smokeless powders, m any chemical compounds or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that

P ition by fire, by friction, by concussion, by percussion, or by etonation.of the compound or mixture or any part thereof may

cause an explosion. Penalities. "(b) Whoever transports or aids and abets anather in trans~orting

in interstate or foreign commerce any explosive, with the knowled5 or intent that it will be used to damage or destroy any bui!ding.or $her real or personal property for the urpose of interfering with 19 .us for educational, religious, charitaile, residential, business, or civic objectives or of intimidating any person pursuing such objectives, shall be subject to imprisonment for not inore than one year, or a fine of not more than $1,000, or both; and if ersonal injury results shdl be subjwt to imprisonment for not more tRan ten years or a fine of not more than $10,000, or both; and if death results shall be subject to imprisonment for any term of years or for life, but the court ma im ose the death penalty if the jury so recommends.

'qc) &he poswslon of an explosive in such a manner as to evince nn lntent to use, or the use of, such explosive, to damage or destro any building of other real or personal property used for educations[ religious, charitable, residential, business, or civic objectives or to intimidate any persoil pursuing such objectives, creates rebuttable presumptions that the ex losive was transported in interstate or foreign commerce or cauwfto be transported in interstate or foreign commerce b the person SO possessing or using it, or by a person :tiding or a L t i n g the person so possessing or using it: Provided, lunaever, That no person may be convicted under this section unless there is evidence independent of the presumptions that this section 112 been violated.

(d) Whoever, through the use of .the mai!, telephone, telegraph, Or other instrument of commerce willfully imparts or conveys, or muses to be imparted or conveyed, any threat, or false information h o n i n g the same to be false, concerning an attempt or alleged attempt k i n g made, or to be made, to damage or destroy any buildi? Or other real or personal p ropr ty for the purpose of interfering vnt f

!or $ucntional, relieous, charitable, residential, business, or lVic object lves, or of intimidating any rson pursuin

shall be subject to imprisonment g r not more t m one gear Or fine of not more than $1,000, or both. f Objs-

pub. Law 86-449 7 4 STAT. 88.

"(e) This sectioil shall not be colistrued as indicating an intent on the part of Congress to occu y the field in which this section oper- ates to the exclusion of a law o?any State, Territory, Commonwealth, or possession of the United States, and no law of any State, Territory, Commonwealth, or p~ssession of the United States which would be valid in the absence of the section shall be declared invalid, and no l o k l authorities shall be deprived of any jurisdiction over any offense over which they would have jurisdiction in the absence of this section."

SEC. 204. The analysis of chapter 39 of title 18 is amended by adding thereto the following : "837. Explosives; illegal use or possession; and threats or false information

concerning attempts to damage or destroy real or personal property by fire or explosives."

.TITLE I11

!I FEDERAL E1,ECTION RECORDS

SEC. 301. Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or

caildidates for the office of President, Vice elector, Member of the Senate, Member of the

or Resident Commissioner from the Com- are voted for, all records and papers which

come into his possessioll relating to any application, registration, payment of poll tax, or other act requisite to voting i11 such election, ex- ce t that, when required by law, such records and papers may be deyivered to another officer of election aiid except that, if a State or the Commonwez~lth of Puerto Rico designates a custodian to retain and preserve these records and npers at a specified plsce, then such records and papers may be iePosited with such custodian, and the duty to retain and preserve any record or paper so deposited shall devolve upon such custodian. hy officer of electioil or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or im risoned not more than one year, or both.

SEC. 302. gny erson, whether or not an officer of election or custodian, who will p ully steals, destroys, conceals, mutilates, or alters any record or paper required by section 301 to .be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Sm. 303. Any record or paper required by section 301 to be retained and preserved shall, upon demand in writing by the Attorney Gen- eral or his representative directed to the person having custody, possession, or control of such record or pa er, be made available for R inspection, reproduction, and copying at t e principal office of such custodian by the Attorney General or his representative. This demand shall contain a statement of the basis and the urpose therefor.

SEC. 304. Unless otherwise ordered by a court of t e United States, K neither the Attorne General nor any employee of the Department of K Justice, nor any ot er representative of the Attorney General, shall disclose any record or paper produced pursuant to this title, or any

1 reproduction or copy, except to Congress and any committee thereof, governmental agencies, and in the preselitation of any case or proceeding before any court or grand jury.

SEC. 305. The United States district court for the district in which 11 demand is made pursuant to section 303, or in which a record or paper so demanded is located, shall have jurisdiction by appropriate process to compel the production of such record or pa

Sm. 306. As used in this title, the tenn ''officer of";iectionv m ~ i l i s ~ ~ w f i ~ e r of any person who, under color of nny Federal, State, Commoilwealth, election.''

Pub. Law 8 6 - 4 4 9 10 May 6 , 1 9 6 0 7 4 STAT. 89.

or local lnw, statute, ordi~inuce, regulation, ;~utliority, custom, or usage, performs 01. is a~~thorized to perform ally function, duty, or task in connection with any application, registmtlon, p? ment of poll tax, or other act requisite to voting in any general, s ec13 or primary election at which votes are cast for candidates for &e o& of Presi- dent, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico.

TITLE I V

EXTENSION O F POWERS OF TlIE CIVlI, RIGHTS COItlMISSION

SEC. 401. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. Supp. V 1975d) (71 Stat. 635) is amended by adding the following new subsection a t the end thereof :

"(h) Without limiting the ge-enerality of the foregoing, each member of the Commission shall have the power and authority to administer oaths or take stntements of witnesses under affirmation."

TITLE V

EDUCATION OF CHILDREN OF XEJfBERS OF ARMED FORCES

SEC. 501. (a ) Subsection (a) of sectioii 6 of the Act of September a 4 s t a t . 1107. 30, 1950 (Public Law 874, Eighty-first Congress), as amended, re- 20 USC 241. latin to arrangements for the rovision of free public education

for gi ldren residing on Fedemf property where local educational a encies are unable to provide such education, is amended b inserting rl a&r the first sentence the following new sentence: "Suc arrangements to provide free public education may also be made for children of members of the Armed Forces on active duty, if the schools in which free public education is usually provided for such children are made unavailable to them as a result of official action by State or local governmental authority and it is the judgment of the Com- nlissioner, after he has consulted with the appropriats State educational ency, that no local educational agency is able to provide suitablzree public education for such children.'

(b) (1 The first sentence of subsection (d) of such section 6 is amende d by adding before the period at the end thereof: "or, in the case of children to whom the second sentence of subsection (a) applies, with the head of any Federal de artment or agency having jurisdiction over the parents of some or a 8 of such children".

(2) The second sentence of such subsection (d) is amended by striking out "Arrangements" and inserting in lieu thereof "Except where the Commissioner makes arrangements pursuant to the second sentence of subsection (a) , arrangements".

SEC. 502. Section 10 of the Act of Se tember 23, 1950 (Public Law 72 S ta t . 553. 815, E i hty-first Congress)., as amen ed, relating to arran 7 B 2 0 use 64% for faci ities for the provisio~l of free public education for c!$?$:::

I-esiding on Federnl ro erty where locnl educational agencies are unable to provide SUCK exucntion, is amended b inserting after the first sentence the following new sentence: " S U C ~ arrangements may also be made to provide, on n tempornry basis, minimum school facilities for children of members of the Armed Forces on active duty, if the schools in \\-hich free public eclucation is usually provided for

May 6, 1960 11 Pub. Law 8 6 - 4 4 9 74 STAT- 90- . , - - . . - - - - -

1 $uch cliildre~i are lllacle u~lavailable to them as a result of official action by State or local eoveriimental authority and it is the judgment of the ~ornmissioner, aTter he has bollsulted with the appro-riate State

suitable free public education for such children." P educational agency, that no local educational agency 1s ab e to provide

TITLE V I

SEC. 601. Tliat section 2004 of tlie Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), is amended as follows :

( a ) Add tlie following as subsectioil (e) and designate the present subsection (e) RS subsection " (f )" :

"In any proceeding instituted pursuant to subsection (c) in the Voting r l g h t e . event the court finds that any person has been deprived on account of Court race or color of any riglit or privilege secured by subsection (a) , the court shall upon request of the Attorney General and after each party lias been given notice and the opportunity to be heard make a ficding whether such deprivation was or is pursuant to a pattern or practice. I f the court finds such attern or practice, any person of such race or P color resident within t le affected area shall, for one year and there; after until the court subsequently finds that such attern or practice has ceased, be entitled, upon his application therefor, to an order de: claring him qualified to vote, u on proof that at an election or elec-- 1 tions (1) he is qualified under &ate law to vote, and. (2) he has since- such finding by the court been (a) deprived of or denied under color of law the op ortunity to register to vote or otherwise to qualify to vote, or (b) ? ound not qualified to vote by any person acting under color of law. Such order shall be effective as to any election held- within the longest period for which such apphcaxt could have been [ registered or otherwise qualified under State law at which the appli; cant's qualificatioils would under Stnte law entitle him to vote.

"Notwithstanding any i~lconsiste~lt provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. The Attorney Geileral shall cnuse to be transmitted certified copies of such order to the appropriate election officers. The refusal by any such officer with notice of such order to permit any person so declared qualified to vote to vote at an approprinte election shall constitute contempt of court.

&'An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date o: any election at which the applicant would otherwise be enabled to vote.

"The court may appoint one or more persons who are ualified V o t i w r e f e r - voters in the judicial district, to be known as voting referees, w 1 o shall e e s * subscribe to the oath of office required by Tlevisd Statutes, section 1757; (5 U.S.C. 16) to serve for such period as the court shall deter- 23 S t a t . 22. mine, to receive such applications and to take evidence and report I to the court findings as to whether or not at any election . ~ r elections (1) any such applicant is qualified under State law to vote, and (2 he has since the finding by the court heretofore specified been (a deprived of or denied under color of la\\- the opportunity to register to vote or otherwise to qualify to vote, or (b) found not ualified to vote by any person acting under color of law. In a proceeling before a voting referee, the applicnnt shall be heard ex parte at such times and places as the court shn!l direct. His statement under oath shall be primn fncie evidence ns to his nge, residence, and his prior efforts

Pub. Law 86-449 12 May 6 , 1960 74 STAT, 91

to kgister or otl~erw-ise qualify to vote. Where proof of literacy or an Ilnderstandil~g of other subjects is required by valid provisions of

I State la\v, the answer of the applicant, ~f written, sllall be included in such report to the couft; if oral, it shall be taken down stenograph- ically and a transcription included i such report to the court.

Transmittal of ubpon receipt qf such report, the court shall cause the Attorney

and Uelleral to transmit a copy thereof to the State attorney pneral and order. to party to such proceeding together with an order to show

cause witllin ten days, or such shorter time as the court may fix, wh order of the court should not be entered in accordance with sucg

report. U on the expiration of such period, such order shall be entered u n i s prior to that time there has been filed with the court and served upoil all parties a statement of exceptions to such report. Exceptions as to matteis of fact shall be considered only if supported by a duly verified cop of a ublic record or by affidavit of persons having personal know\.Edge o!such facts or by statements or matters contained ill such report; those 1-elating to matters of law shall be supported by ail a propriate memoraildum of law. The issues of fact and l r r raise! by such exceptions shall be determined b y the court or, if the due and speedy admillistration of justice requires, the may be referred to the voting referee to determine in accordance wit{ procedures rescribed by the court. A hearing as to an issue of fact shall be h z d only in the event that the proof in support of the exceptioi~ disclose the existence of a genuine issue of material fact. The applicant's literac and understanding of other sub'ects shall be detarm~ned solely 011 tKe basis of aluwers included in t i e report of the voting referee.

"The court, or at its direction the voting referee, shall issue to each applicant so declared qualified a certificate ideiitifying the holder thdreof as a person so qualified.

"Any voting referee appointed by the court pursuant to this subsection shall to the extent not inconsistent herewith have all the powers conferred upor. a master by rule 53(c) of the Federal Rules

28 usc app. of Civil P m d u r e . The compensation to be allowed to any ersons appointed b the court pursuant to this subsection shall be [xed by the court anishall be payable by the United States.

"A~plications pursuant to this subsection shall be determined expe itiously. I n the case of any ap lication filed twenty or more days-prior to an election which is unktermined by the time of such election, the court shall issue an order authorizing the applicant to vote rovisionally : Provided, however, That such applicant shall be

Fi quali ed to vote under State law. I n the case of an application filed within twenty days prior to an election, the court, in its discretion, m y make such an order. I n either case the order shall make ap ro-

rlate provision for the im ounding of the applicant's ballot pen&ng b~rmlnation of the appication. The court may take any other wt?on, and ma authorize such referee or such other person as it may

ate to h i e an other action, appropriate or necessary to c a r y ";: out t provisions or this subsection a d to enforce its decrees. This section shall in no way be construe? as a limitation upon the exist- 1" owers of the court.

'&hen used in the subsmtion, the word 'vote' includes all actiol~ necessary to make a vote effective includin , but not limited to, regis- tmtloll or other action required by State f a r prerequisite to voting, casting a ballot, and having such ballot counted and included in the a propriate totals of votes cast with respect to candidates for p b l i c okce and propositions for which votes are received in an election: the words affected area' shall mean any subdivision of t l ~ e State in which the lams of the State relating to voting are or have been to

May 6, 1960 13 . Pub. Law 86-449 I

74 STAT. 92.

any extent admii~istered by persoil foulid in tlle >roceediilg to l~ave violated subsection (a ) ; and the words qunlitied under State lawy sliall mean ualified according to the laws, customs, or usages of the State, and s 71 all not, in any event, imply qualifications more stringent than those used by the persons fouild in the proceeding to have violated subsection (a) in qualifying persons other than those of the race or coior against which t l ~ e patter11 or practice of discrimination was found to exist."

office, the proceeding ]nay be instituted against the State."

TITLE V I I

SEPARABILITY

SEC. 701. I f ally provision of this Act is held invnlid, the remainder of this Act shall not be affected thereby.

Approved May 6 , 1960.

CIVIL RIGHTS ACT OF 1964 Public Law 88-352

88th Congress, H. R. 7152 July 2, 1964

. gn get 78 STAT. 241.

T o enforce the conntitutionai right to vote, to confer .iurisdiction upon the dlstrlct courts of the United States to provide injunctive relief against discriminatioc in public accommodations, to authorize the Attorney General to institute suits to protect conatitutionai rights in public facilities and sublic education, to extend the Commission on Civil Rights, to prevent discrimination

-in federally assisted programs, to establish a Commisniou on Equal Employ- ment Oppqrtunltg, and for other purpoaes.

Be it enr~cied by the Senate and H w e of Reyresentatiues of the 7'nIted States of Amekcu in L'ongress o~sen~bled, That this Act.mqy be cited as the "Civil Rights Act of 1964".

TITLE I-VOTING RIGHTS

SEC. 101. Section 2004 of the Revised Statutes (k2 U.S.C. 1971), Operat ion and cis amended b section 131 of the Civil Rights Act of 1957 (71 Stat. enforcement- 637), and as Lrther amended by seetion 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follo\vs:

(ti) Insert "1" after "(a)" in subsection (a) and add at the end of sabseet ion (a ) the following new 4nrugraphs :

''(9) No person acting under co or of law shall- " (A) in determining whether any individual is qualiiied under Voting quali-

State law or laws to vote in any Federal election, apply any f i c a t i o n s . 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 beel. found by State officials tc be qualified to vote;

"(B) deny the right of any iildividunl to vote in any Federal Regis t ra t ion , election because of an error or omission on any record or paper eta. relating to ally application, registration, or other act mquisite 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 votin in Li te racy t e s t s . any Federal election unless ( i ) such test is adn~iniste ref to Records. each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the nnsrersgiven by the individual is furnished to him within twenty-five ays of the submis- sion of his request made within the period of time during which records and pn ers are required to be retained and preserved pursuant to title 1f1 of the Clvil Rights Act of 1960 (42 U.S.C. 1974- 74e; '74 Stat. 88) : Provided, however, That the Attorney General Attorney General. may enter into agreements with appropriate State or local author- Agreements w l t h ities that preparation, conduct, and maintenance of such tests in S t a t e and l o c a l accordance with the revisions of applicable State or local law, authOdtias* Including sucll speciarprovisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handica ped, mmt the purposes of this subparagraph an2 constitute m p & a n c e therewith.

"(3) For purposes of this subsection- "(A) the term 'vote' shall have the same meaning as in subsec- 1lvote.ll

tion (e) of this section ; "(B the phrase 'literacy test' includes any test o: the ability " K t e r a o y test." d to rea , write, understand, or inter ret any mattsr."

(b) Insert immediate1 folloain tRe period a t the end of the fird sentence of a u k t i o n 6) the folfowing new sentence: '&If in any aiich nm-dins litorsow ;e n -1n"nnt Innt +La- ~ h n l l ha n -h..ttnMa

78 STAT. 242.

"Federal eleotion."

Suits tly Attor- ney General.

Appeals.

Pub. Law 88-352 16 ---- - J d y 2, 1964

presunl ti011 tht~t nny pelgo11 \vho has not beell adjudged an incompe- tent answllo has m~ll]~leted the sixth gmde in n publ~c school in, or n private school crccdlted by, ally Stnte or territory, the Distr~ct of Columbia, or the C'o~nmont~enlth of Pucrto Rico where instruction is carried 011 predonlillnntly in the En lisli langunge, possesses suffi- cient literacy, comprel~ei~sion, and intelfigence to vote in any Federal electio11.l."

(c) Add the follo~r-ing subsection "(f)" a ~ ~ d designate the prese~lt sr~bsection "(f)" as subsection "(g)" :

"(f) When used in subsection (a) or (c) of this section, the words 'Federal election' shall mean m y general, special, or priml~ry election held solely or in pnrt for the purpose of electing or selecting m y candidate for the office of President, Vice President, presidential electol; Member of the Sennte, or Member of the House of Repre- sentatives."

(d) Add the folio\\-ingsubsection "(h)": "(h) In any proceeding instituted by the Cnited States in any

district court of the Vnited States under this section in which the Attorney Crenernl requests a finding of a pattern or practice of discrimmation pursuant to subsection (e) of this section the Attorney General, a t the time he files the complaint, or m y defendnnt 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

j u d r be convened to hear and determine the entire case. A

copy of t e request for a three-'ud court'shnll be immediately furnished by such clerk to the cbieEud of the circuit (or m his ~bsence, the presiding circuit judge of t% circuit) in \vhic11 the case is pending. ITpon receipt of the copy of such request it shsll be the duty of the chief judge of the circuit or the presiding circuit judge, rs the case may be, to designrte in~mediately three j u d p in such circuit, of whom nt least one shall be r circuit judge and another of \vhom shall be a district judge of the court in whiich the roceeding \-as institutad. to hear and determine such case, and it sfall be the clut of the jud so designated to assign the case for hearing nt the MrEest pmctica% date, to participate in the hearing and determina- tion thereof, and to cause the cam to be in every way expedited. An it peal from the finrl judgment of such court will lie to the Supreme &urt .

"In any proceeding brougl~t under subsection '(c) of this section to ellforce subsection (b) of this section, or in the event neither the Attorney Geneml nor m y defendant files a request for a three-judge court in any proceeding al l thorid by this subsection, it shall be the duty of the chief 'ud of the district (or in his absence. the acting chief judge) in wiicf ihe case is riding immediately to designate n judge in such district to hear anfietennine the case. In the event that no judp in the district is available to hear and determine the cttse, the chef judge of the district, or the acting chief judge, as the case may be, shnll certify this fact to the chief judge of the circuit (or, in his nbsence, the nctin chief judge) who shall then designate 8 district or circuit judge of t ff e circuit to hear and determine the case.

"It shall be the duty of the judge designated pursunnt to this section to sssign the cnse for heanng st the earliest prncticable date and to cause the case to be in every way expedited."

July 2, 1964 17 Pub. Law 88-352 293. ' TITLE 11-INJUNCTIVE RELIEF AGAINST DISCRIMINA- TION IN PLACES O F PUBLIC ACCOMMODATION

SEC. 201. (a) All &rsons shall be entitled to .the full and equal Equal acoess. enjoyment of the goods, services, facilities, priv~leges, advantages, nnd accommodations of any place of public accommodatjon, as de- fined in this section, wifhput discrimination or segregat~on on the p u n d of race, color, relig~on, or national origin.

(b) Each of the following establishments \\-llich serves the public Establishnents is a place of public nccommodntion \\-ithi11 the meanlng of this title affeoting in- if its operations nffect commerce, or if discriminntion or segreption terstate 0-

by it is suppofied by Stnte action : meme.

(1) any inn, hotel, motel, or other est~blishment which pro- Lodgings. vides lodging to tmnsient guests; other thnn nn estnbl~shment located within a building which contnins not more. than five rooms for rent or hire and which is nctunlly occup~ed by the proprietor of such estnblishment as his residence; -

! (2) rny restaumnt, cafeterin, lunchroom, lunch counter, sods Restaurants, eto. fountnin, or other facility principnlly engaged in selling food for consumpt,ion on the premises, including, but not limited to, any such fncilitv locnted on tile premises of nny retail estnblishment; or any gasoline station ;

(3) any motion picture house, thenter, coilcert hall, sports Theaters, s ta-

1 arena, stadium or other plnce of exhibition or entertn~nment ; and dims, etce (4) any establishment (A) (i) which is physically locnted Other oovered

within the premises of nny estnblishment otherwise covered by establishnents* this subsection, or (ii) within the premises of which is p!lysicall

itself out RS serving pntrons of such covered estnblishment. 2 located any such covelsed establisl~ment, and (R) w h ~ ~ h hol s

(c) The o rations of nn establishmellt affect commerce within the operatiom af- meaning of tEs title if (1) it is one of tlle estnblisl~ments described in fect lng om-

p a r a p h (1) of subsection (b) ; (8) in the case of an establishment meroe Oriteria0

desorlb2 in pnragm h (8) of subsection (b), it serves or offers tp serve interstate trave f em or a substantial portion of the food wh~ch ~t serves, or gasoline or other products which it sells, hns moved in commerce; (3) in the case of an estnblishment described in pamgraph (3) of subsection (b), it customarily presents films, performances, ath- letic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of MI establishment described m paragraph (4) of subsection (b), it is physicnll located within the premises of, or there is physicnlly located \\-it r lin its premises, nn establishment the operations of .\rhic11 nffect commerce within the menning of this subsection. For purposes of this +ion, "commerce" 'ICanmeme." means travel, trade, traffic, commerce, tnnsportnt~o~i, or communicn- tion among the several Stnt&q. or between the District of qolumbia and my State, or between m y foreign country or any terr~tory or possession and any State or the District of Coh~mbia, or between points in the same State but through' any other State or t.he District of Columbia or a foreign country.

(d) Discrimination or segregation by an estnblishment is .sup- support by State ported by State rction within the mmnnlg of this title if such dis- ~ t i o n . crimination or segregation (1) is carried on under color of any la\\-, statute, ordinance, or regulation; or (2) is carried on under color of an custom or urn@ required or enforced by officials of the State or pogtical subdivision thereof; or (3) is required by act.ion of the State or litical subdivision thereof. R" (0) T e provisions of this title shall not apply to a private club Private establish- or other establishment not in fact open to the public, except to the ments. extent that the fncilities of such establishment are made available

Pub. Law 88-352 24 r -

July 2,' 1964 78 STAT* 250.

sessions without the consent of the Cornmision. moeve r mleases or uses in public without the consent of t.lle Commissio~l such evidence or teseimo~~y taken in executive session shall he tined not nlom than $1,000, or im risoned for not more than one year.

"(h) In t fe discretion of the Commission, witn-s may submit brief and rtinent sworn statements in writing for incllision in the record. TR ~ommis ion shall determine tlie pertinency of twtimony and evidence adduced at its hearings.

Transcript "(i) Every person who submits data or evidence shall be entitled oopies . to retain or, on payment of lawfully prescri'bed costs, procure a copy

or transcript thereof, except that a witness in a hearing held in executive session may for g d cause be limited to ins tion of the official transcript of his test~lnony. Transcript copies o $" public sessions may be obtained by the public lipon the payment of the cost thereof. An accurate transcript shaH .be made of the testimony of all witnesses at a11 hearings, either public o r executive sessions, of the Commission or of nny subcommittee thereof.

Witness fees . ' 'L(j) A witness attending any session of the Commission shall receive $6 for each day's attendance and for the time necearily occupied in going to and returning from the same, and 10 cents mile for going from and i-etunliny to his place of residence. liesses who attend at ints so far removed from their res residences as to prohit% return thereto from day to day s pive nll be entit!ed to an additional allowance of $10 per da for expenses of subsistence, including the time necessarily -upid in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a sub ena issued on hehalf of the Commission or any subcommittee thereof!

subperia of "(k) The Commission shall not issue any sub ~ i a for the attend- Iritnesres. nnce and te..timouy of witn-s or for the pmd%ion of written or

other matter which would rquire the presence of the party subpenaed at a hearing to be held outside of the State \vherein the witness is found or res~des or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that. in n ~ ~ y event, the Commission may issue subpenas for the attendance and testimony of witnesses and the productioli of written or other matter at a hearin held within fifty miles of the place where the witness is found or resiies or is domiciled or transacts hsiness or has appointed m agent for receipt of service of process.

~rganirat ion "(1) The Commission shall separately state and currently publish statement, eta. in the Federal Re 'ster (1) demnptions of its central and field organi- p~bliOat"n i n zation including tfe established places at which, and methods whereby,

the public may secure information or make requests; (2) statements of the general m u m and method by which its functions are channeled and determined, and (3) ~ l e s adopted as anthorizd by law. NO person shall in any ma~lner be subject to or required to resort to rules, or nization, or procedure not so ublished."

rm. 502. Section 103(a) of the civil Ri hts .4ct of 1957 (42 U.S.C. 1975b(a) ; 71 Stat. 634) is amended to r e d a s follows:

P w e n t s t o "SEC. 103. (a) Each lnembor of the Commission who is not otherwise members. 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 Com- mission, shall be paid actual travel ex nses, and per diem in lieu of subsistence expenses when away from K" is usual lace of residence, in accordance with section 5 of the Administrative gxpenses Act of 1946,

75 Stat . 339, as amended (5 U.S.C. 73b-2; 80 Stat. 808) ." 340.

July 2, 1964 25 Pub. Law 88-352 78 STAT. 251.

SEC. 5M. Section l M (b) of the Civil Rights Act of 1957 (a U.S.C. ld76b(b ; 71 Stat. 634) is amendod to read as followe:

"(b) k ach member of the Commission who is otherwise in the sew- ice 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 ex-

ses, and per diem in lieu of subsistence expenses when away from c u s u a l place of reaidenee, in accordance with the provisions of the Travel Expenses -4ct of 1949, as amended (5 U.S.C. 83-2; 63 Stat. 166) ." 75 Stat. 339,

SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42 340.

U.S.C. 1975c(a) ; 71 Stat. 635), as amended, is further amended to lead as follows :

' L ~ b i T I ~ OF THE COBfBflSSION

"SEC. 104. (a) The Commission shall- 'L(l), investipte allegations in writin under oath or affirma-

tion t at h n citizens of the United ga tes are being deprived of their right to vote and have that vote counted by reason of their color, race, religion or national ori in ; which writing, under oath or &mat ion, shall set forth the kc ts upon whicl such belief or beliefs are b d ;

'L(2) study and collect information concernill legnl develop- ments constituting a denial of equal protection o f 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

roperly counted, in any election of residential electors, Mem- of the United States Senate, or o f' the House of Representa-

tives, as a result of any patterns or practic~ of fraud or discrimination in the conduct of such election; and

"(6). Nothing in this or any other Act shall be construed as authorizin the Commission, its Advisory Committees, or any person un d er its su rvision or control to inquire into or investi- p t e any members~p practices or internal operations of any nrternal organization, any colle or university frnternity or

sorority, any private club or any re y igious orgnnization." (b) Section 104(b) of the Civil Rights Act of 1957 (42 1J.S.C.

1975c(b) ; 71 Stat. 635), as amended, is further amended by striking 77 Stat . 271. out the present subsection "(b)" and by substituting therefor:

" (b) The Commission shall submit interim reports to the President Reports t o t h and to the Con at such times as the Commission, the Congress or President the President s E d e e m desirable, and shall submit to the President c o w - a *

and to the Congress a h a 1 re rt of its activities, findings, and rec- ommendations not later than x u a 7 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 'W per diem" and inserting'in lieu thereof '$75 per diem."

F'residential conferences.

.68 Stat. 1013, 1022. 76 Stat . 922. 13 16C 9. 211-

63 Stat . 102.

62 Stat. 938.

-. --. ----

Pub. Law 88-352 40 July 2. 1944 78 STAT. 266.

EFFECTIVE DATE

SEC. 716. (a) This title shnll become effective one year after the date of its enact~ment.

(b) Not\\-ithstanding subseetioil (a) sections of this title other thnn sectioils 70.7,704,706, and 707 shallbeeome effective immediately.

(c) The President sl~all, as soon as feasible after the enactment of this title, convene one or more conferences for the pu se of enabling the leaders of group a.hoss members r i l l be a f f e c t s y this title to become fninilinr \\.it11 the rights afforded and obligations imposed b its profwions, and for the urpose of makin plans which \vi11 resu r t ia the fair nild effective n~miiiistntioa of 81s title when all of its provisions become effective. The President sllall invita thqnrticipa- tion in such confei.ence or conferences of (1) t4e members of the President's Committee oil Equal Em l o p e n t 0 portunity, (9) the 11iembe9 of the Commission on ~ i v i f ~ i ~ h t s , (3f representatives of State and local agencies enpged in furthering equal employment o portunity, (4) represeiltatmes of private ngencies engaged in fur- t /' lering equul employment oppoi-tunity, and (5) representatives of employers, lnbor orgtnhtioils, and employment ugencies \rho \rill be subject to this title.

TITLE VIII-REGISTRATION AND VOTING STATISTICS

SEC. 801. The Seciaetaly of Commerce sllall promptly coilduct a survey to rnlpile registintion m d voting statistics in such g e o r p h i c wens ns may be recoinmeilded b the Commision on Civil iglats. SwL a survey nild com ilation A l l , to the extent recommended by the Commission 011 Cir8 Rights, oily include a co~mt of p r sy l s of voting age by rnce, color, and natioilal origin, and determinntion of the extent to which s~icll persons nre registered to vote, and hnve voted in ally stntewide primni or gellend electioil in \rhicll the Membem of the United States douse of Re resenttttives are nomiimted or elected, since January 1, 1980. SUCK information shnll also be col- lected and compiled ill connectioil with the Nineteenth Decennial Census, and at SUCII other times ns the Con reas mny prescribe. The provisioir of section 9 nnd cha ter 7 of t i tk 13 United Statea Code, shall npply to nil). surrey, colLion, 01, cornpiintion of registrntion clnd voting statistics cttrried out under this title: Prouided, hotoeuet, That no pelson sllcrll be compelled to disclose his rclce, color, national origin, or questioned nbout his political party &lintion, how lle voted, or the recrsons tllerefore, nor sllnll ally peilrlty be imposed for his failure or refusal to mnke such disclosure. Every person internopted ornlly, by written survey or questionnnire or by nily other means with respect to such informntion shall be fully ndvised with respect to his right to fnil or refuse to furnish such informntion.

TITLE IX-INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CASES

SEC. 901. Title 28 of the United States Code, sectioil 1447(d), is nmended to read as follows:

'LAn order remanding a case to the State court from which it wns renloved is not reviewable on nppenl or otherwise, except that nn order remanding n case to the State court from \rhicll it was removed pursuant to section 1443 of this title sllnll be ~evie\rable by appeal or otherwise." '

Sm. 902. Whenever nn action 1111s been commeilced in any court of the IJnited States seeking relief from tlle denial of equal protection of the Ian-s under the fourteenth nmeildmeilt to the Constitution on ac-

1 J d y 2 , 1964 41 . Pub. 78 Law STAT, 88-352 267.

1

count 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 applicabon 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-ESTADTAISHMENT O F COMMUNITY RELATIONS SERVICE

SEC. 1001. (a) There is hereby estnblislled in nnd as n part of the Department of Commerce a Cornmullit Relntiol~s Service (herein- irfter referred to ns the LLSerrice"), whicg shall be headed by n Direc- tor who sllnll be np ointed by the President with the ndvice and consent of the Senate !' or a term of four years. The Director is authorized to nppoint, subject to the civil service lnws nnd regulntions, sucl~ other personnel ns mny be necessary to enable the Service to car 7 Out its functions and duties, and to fix their compel~sntion in nccor nnce with the Classification Act of 1949, ns nmended. The Director is fur- 63 Stat . 954; ther nutllorized to procui'e services ns nuthorized by section 15 of the 76 S t a t . 843. Act of .41igust 2,1946 (60 Stnt. 810; 5 U.S.C. 55(a)), but nt rates for 5 E C 1°71 individuals not in excess of $75 per diem. note.

(b) Section 106(n) of the Federal Executive Pay Act of 1956, as nmended (5 1T.S.C. 2205(n) ), is further ameilded by ndding the 70 Stat. 737. followin clnuse thereto:

''f32) Director, Community Relntions Servim" SEC. 1W2. I t shnll be the f~iilction of the Seryice to provide nssist- m ~ t i o m .

ance to communities nnd persons therein in resolving disputes, disagreements, or difficulties relntin to discriminatory practices based on race, f color, or national origin w lich impair the rights of ersons in such

I communities under the Constitution or laws of the 1 ? nited States or \vllich affect or may affect interstate commerce. The Service may offer its services in cnses of sucll disputes, disagreements, or difficulties whenever, in its jud ment, peaceful relations nmong the citizens of f the community invo ved nre tl~rentened thereby, nnd it may offer its services either u on its own motion or upon the request of an appro- f priate State or Ioca officinl or other interested person.

SEC. 1003. (a) The Service shall, whenever possible, in performing its functions, seek and utilize the cooperation of npproprinte State or local public, or private a Yes. (b) The activities of n 1 officers nild employees of the Service in providing conciliation nssistnnce sllnll be conducted in confidence and without publicity, and the Service shall hold confidential any information ac uired in the regular performance of its duties upon the understanling that it would be so b ld . No officer or employee of the Service sllall en ge in the performance of investigative or prosecut- ing functions o P" my department or agency in nn litigation arising out of a dispute in which he n d d on behalf of the &Nice. Any officer or other employee of the Service, \vl~o shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, u n conviction thereof, shall be fund not more than $1,000 or imprism&ot more than one year.

SEC. 1004. Sub'ect to the provisions of sections 205 and 1003(b), Report t o the Dimtor shad, on or before January 31 of each year, submit to C O W ~ S . . the Congress a report of the aotivities of the Service during the preceding fiscal year.

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