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The Civil Rights Act of 1964 |
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Lyndon B. Johnson, 36th U.S. President of The United States
signing the Civil Rights Act of 1964
Signs Civil Rights Act of 1964
"We believe that all men are created equal, yet many are denied equal treatment."
(White House, Washington, D.C., July 2, 1964)
On July 2, 1964, in a nationally televised address, President Lyndon B. Johnson spoke of the significance of the civil rights act that he was about to sign into law. The Civil Rights Act of 1964, which was the most sweeping civil rights legislation passed by Congress since Reconstruction, prohibited racial discrimination in employment and education, and outlawed segregation in public facilities. The landmark legislation came ten years after the U.S. Supreme Court ruled in Brown v. Board of Education that racial segregation in public educational facilities was unconstitutional. In the decade that followed the historic decision, the African-American civil rights movement made great strides in winning federal support for integration, and in 1960, John F. Kennedy made passage of a new civil rights bill one of the platforms of his successful presidential campaign. Vice President Lyndon Johnson served as chairman of the President's Committee on Equal Employment Opportunities, and after the president was assassinated on November 22, 1963, Johnson vowed to carry out Kennedy's proposals for civil rights reform. On July 2, 1964, after lobbying hard for its passage, President Johnson signed the Civil Rights Act of 1964 into law.
The Civil Rights Act of 1964
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 c opy 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.
(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 or 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 closure filed in Senate.
June 9: Considered in Senate.
June 10: Senate adopted motion for closure.
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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The U. S. Constitution
