INFORMATION AND STATISTICS

SEC. 306. (a) The Secretary shall collect and disseminate such information on the progress of desegregation in the public schools in the several States as may be useful to educational and other public officials, agencies, and organizations in effecting desegregation in such schools.

(b) The Secretary shall, upon request, provide information and technical assistance to State or local officials, which will aid them in developing plans and programs for effecting desegregation in public schools, and, upon request of such officials, shall initiate or participate in conferences dealing with the educational aspects of problems arising in connection with efforts to comply with applicable court desegregation decision or decrees.

(c) The Secretary may delegate to any officer or employee of the Department of Health, Education, and Welfare any of his powers and duties under this title, except the promulgation of regulations.

(d) No appropriations may be made pursuant to section 301 for any fiscal year ending after June 30, 1965. Prior to the close of January 1964, the Secretary shall submit to the Congress a full report of the administration of this section, together with his recommendations as to whether it should be extended and as to any modification of its provisions he deems appropriate.

TITLE IV-LITERACY TESTS

PRESUMPTION OF LITERACY IN FEDERAL ELECTIONS

SEC. 401. Subsection (c) of section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971 (c)), is amended by inserting immediately following the period at the end of the first sentence thereof the following new sentence: "In the case of any such proceeding there is hereby created a presumption that any citizen who has not been adjudged an incompetent and who has completed the sixth grade in a school accredited by any State or the District of Columbia where instruction is carried on predominantly in the English language, possesses suffiicent literacy, comprehension, and intelligence to vote in any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from any territory or possession of the United States."

[H.R. 3140, 88th Cong., 1st sess.]

A BILL To amend the Civil Rights Act of 1957, 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 1963".

TITLE I-MAKING CIVIL RIGHTS COMMISSION A PERMANENT AGENCY; STRENGTHENING EQUAL PROTECTION OF THE LAWS

CIVIL RIGHTS COMMISSION A PERMANENT AGENCY

SEC. 101. (a) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975c) is amended to read as follows:

"(b) The Commission shall, not later than January 31 of each year, submit a report to the President and the Congress setting forth its activities and findings during the preceding calendar year and its recommendations with respect thereto. The Commission may submit such other reports to the President and to the Congress at such times as the Commission and the Presdent deem advisable."

(b) Section 104 (c) of the Civil Rights Act of 1957 is repealed.

INVESTIGATIONS BY COMMISSION

SEC. 102. Section 104 (a) of the Civil Rights Act of 1957 is amended by striking out “and” at the end of paragraph (2); by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and by adding at the end thereof the following:

"(4) investigate allegations in writing, under oath or affirmation, that certain citizens of the United States are being unlawfully accorded or denied the right to vote, or to have that vote counted, in any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from any territory or possession of the United States, as a result of any pattern or practice of fraud or discrimination relating to the conduct of such election."

REGISTRATION AND VOTING STATISTICS

SEC. 103. The Bureau of the Census shall promptly conduct a nationwide compilation of registration and voting statistics, which shall include a count of persions of voting age in every State by race, color, and national origin, who are registered to vote, and a determination of the extent to which such persons have roted 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.

STRENGTHENING EQUAL PROTECTION OF THE LAWS

SEC. 104. Part III of the Civil Rights Act of 1957 (71 Stat. 637) is amended by adding at the end thereof the following new section:

"SEC. 123. (a) The Attorney General is authorized, upon written complaint on oath or affirmation of any person who has been denied admission, or whose child or ward has been denied admission, to any public school on account of race or color, to institute for or in the name of the United States, a civil action or other proceeding for preventive relief, including an application for an injunction or other order against any person or persons who, acting under color of any statute, ordinance, regulation, custom or usage of any State, or subdivision, or instrumentality thereof, has denied to such complainant, or the child or ward of such complainant, admission to any public school on account of race or color. "(b) The courts of the United States shall not entertain proceedings instituted under this section with respect to a public school in any State unless

"(1) the complainant has exhausted the remedies available to him under the laws of such State; or

"(2) the laws of such State do not provide the complainant with a plain, speedy, and efficient remedy.

"(c) The courts of the United States, having jurisdiction of proceedings instituted under this section, shall not enjoin, suspend or restrain any person or persons, named as defendants in such proceedings, if the public school to which admission is sought has enacted upon a plan to desegregate its facilities with all deliberate speed.

"(d) Nothing in this section shall impair any right secured by the Constitution and laws of the United States, or any remedies already existing for their protection and enforcement.

"(e) Public school', as used in this section, means any elementary or secondary institution operated by a State, subdivision of a State, or governmental agency within a State, or operated principally or substantially from our through the use of governmental funds, or funds derived from a governmental service."

TITLE II-EQUAL EMPLOYMENT OPPORTUNITY

PART A-ESTABLISHMENT OF COMMISSION

THE COMMISSION ON EQUALITY OF OPPORTUNITY IN EMPLOYMENT

SEC. 201. (a) There is hereby created a Commission to be known as the Commission on Equality of Opportunity in Employment, which shall be composed of seven members who shall be appointed by the President by and with the advice and consent of the Senate. Not more than four of such members may be of the same political party. 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, one for a term of five years, one for a term of six years, and one for a term of seven years, but their successors shall be appointed for terms of seven 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. Any member of the Commission may be removed by the President upon notice and hearing for neglect of duty of malfeasance in office, but for no other cause.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and four members thereof shall constitute quorum.

(e) The Commission shall have an official seal which shall be judicially noted. (d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the cases it has heard; the decisions it has rendered; 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) Each member of the Commission shall receive compensation at the rate of $20,000 a year.

(f) The office of the Commission shall be in the District of Columbia, but it may meet or exercise any or all of its powers at any other place. The Commission may, by one or more of its members or by such agents as it may designate, conduct any investigation, proceeding, or hearing necessary to its functions in any part of the United States. Any such agent, other than a member of the Commission, designated to conduct a proceeding or a hearing shall be a resident of the judicial circuit, as defined in section 41 of title 28, United States Code, within which the alleged unlawful employment practice occurred. (g) The Commission shall consider and adopt rules and regulations consistent with this title to govern its proceedings.

(h) The Commission shall consider reports as to progress under this title.

RULES OF PROCEDURE OF THE COMMISSION

SEC. 202. (a) The Chairman or one member of the Commission 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 the witness before the Commission.

(c) Witnesses at the hearings may be accompanied by their own counsel. (d) The Chairman or Acting Chairman may punish breaches of order and decorum and unprofessional ethics on the part of counsel, 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 (1) receive such evidence or testimony in executive session; (2) afford such person an opportunity voluntarily to appear as a witness; and (3) receive and dispose of requests from such person to subpena additional witnesses.

(f) The Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses.

(g) No 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 evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for one 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 is the sole judge of the pertinency of testimony and evidence adduced at its hearings.

(i) Upon payment of the cost thereof, a witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the Commission.

(1) A witness attending any session of the Commission shall receive $4 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 8 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 $12 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 subpena issued on behalf of the Commission or any subcommittee thereof.

(k) The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a hearing to be held outside of the State wherein the witness is found or resides or transacts business.

POWERS OF THE COMMISSION

SEC. 203. (a) The Commission shall have power

(1) to appoint, in accordance with the Civil Service Act, rules, and regulations, such officers, agents, 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; attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court;

(2) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or any order issued thereunder;

(3) 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 interested governmental and nongovernmental agencies. (b) All departments, agencies, and independent establishments in the executive branch of the Government shall cooperate with the Commission and shall carry out the orders of the Commission relating to the termination of contracts and subcontracts, the refusal to enter into or permit the entering into of such contracts and subcontracts, and the withholding of Federal funds from employment agencies.

INVESTIGATORY POWERS

SEC. 204. (a) For the purpose of all investigations, proceedings, or hearings which the Commission deems necessary, the Commission, or any member thereof, shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any investigation, proceedings, or hearing before the Commission, its member, or agent conducting such investigation, proceeding, or hearing.

(b) In case of contumacy or refusal to obey a subpena issued to any person under person under this title, any district court within the jurisdiction of which the investigation, proceeding, or hearing is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring him to appear before the Commission, its member, or agent, there to produce evidence if so ordered, or there to give testimony relating to the investigation, proceeding, or hearing.

(e) Complaints, orders, and other process and papers of the Commission, its member, agent, or agency, may be served either personally or by registered mail or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt therefor when registered and mailed as aforesaid shall be proof of service of the same.

PART B-PROVISIONS RELATING TO GOVERNMENT CONTRACTORS

PROVISIONS TO BE INCLUDED IN CONTRACTS

SEC. 210. (a) There shall be included in every contract entered into by any department, agency, or independent establishment in the executive branch of the Government a provision in such form and containing such terms as the Commission may prescribe (including compliance reports), designed to insure that in the employment practices (including but not limited to upgrading, demotion, transfer, recruitment or advertising therefor, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship) of the contractor, and of each person with whom the contractor enters into a subcontract of such contract, such contractor or subcontractor, as the case may be, will not discriminate against any person because of his race, creed, color, or national origin.

(b) The discriminatory practices covered by subsection (a) shall include, but not be limited to, any practice whereby an employer shall

(1) discharge, layoff, or fail or refuse to hire any individual, or otherwise shall discriminate against any individual with respect to his compensation. terms, conditions, or privileges of employment, because of such individual's race, color, or national origin; or

(2) 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, creed, color, or national origin.

(c) The Commission may exempt any contract or class of contracts from the operation of this title.

ENFORCEMENT OF CONTRACT PROVISIONS ·

SEC. 211. (a) Whenever a charge has been filed by or on behalf of any person claiming to be aggrieved by reason of a discriminatory employment practice covered by section 210 (a) of this title the Commission shall investigate such charge and if it shall determine after such preliminary investigation that prob able cause exists for crediting such charge, it shall issue and cause to be served upon the contractor or subcontractor involved, as the case may be (hereinafter called the "respondent"), a complaint stating the charges in that respect together with a notice of hearing before the Commission, or a member thereof, or before a designated agent, at a place therein fixed, not less than ten days after the service of such complaint. No complaint shall issue based upon any practice occurring more than six months prior to the filing of the charge with the Commission and the service of a copy thereof upon the respondent.

(b) The respondent shall have the right to file a verified answer to such complaint and to appear at such hearing in person or otherwise, with or without counsel, to present evidence and to examine and cross-examine witnesses.

(c) The Commission or the member or designated agent conducting such hearing shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend its answer.

(d) All testimony shall be taken under oath.

(e) At the conclusion of a hearing before a member or designated agent of the Commission, such member or agent shall transfer the entire record thereof to the Commission, together with his recommended decision and copies thereof shall be served upon the parties. The Commission shall afford the parties an opportunity to be heard on such record at a time and place to be specified upon reasonable notice. In its discretion, the Commission upon notice may take further testimony.

(f) With the approval of the member or designated agent conducting the hearing, a case may be ended at any time prior to the transfer of the record thereof to the Commission by agreement between the parties for the elimination of the practice complained of on mutually satisfactory terms.

(g) If, upon the preponderance of the evidence, including all the testimony taken, the Commission shall find that the respondent has violated the provision included in the contract pursuant to section 210 of this title, the Commission shall state its findings of fact and shall notify the contractor or subcontractor involved that it intends to issue an order to the contracting agency requiring that such agency terminate the contract or, where a subcontractor is involved, make