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HARRY R. SHEPPARD, California BEN F. JENSEN, Iowa
ALBERT THOMAS, Texas WALT HORAN, Washington
MICHAEL J. KIRWAN, Ohio GERALD R. FORD, Michigan
JAMIE L. WHITTEN, Mississippi HAROLD C. OSTERTAG, New York
GEORGE W. ANDREWS, Alabama FRANK T. BOW, Ohio
JOHN J. ROONEY, New York CHARLES RAPER JONAS, North Carolina
J. WAUGHAN GARY, Virginia MELVIN R. LAIRD, Wisconsin
JOHN E. FOGARTY, Rhode Island ELFORD A. CEDERBERG, Michigan
ROBERT L. F. SIKES, Florida GLENARD P. LIPSCOMB, California
OTTO E. PASSMAN, Louisiana JOHN J. RHODES, Arizona
JOE L. EWINS, Tennessee JOHN R. PILLION, New York
EDWARD P. BOLAND, Massachusetts WILLIAM E. MINSHALL, Ohio
WILLIAM H. NATCHER, Kentucky ROBERT H. MICHEL, Illinois
DANIEL J. FLOOD, Pennsylvania SILVIO. O. CONTE, Massachusetts
WINFIELD. K. DENTON, Indiana WILLIAM H. MILLIKEN, JR., Pennsylvania
TOM STEED, Oklahoma EARL WILSON, Indiana
JOSEPH M. MONTOYA, New Mexico ODIN LANGEN, Minnesota
GEORGE E. SHIPLEY, Illinois WILLIAM HENRY HARRISON, Wyoming
JOHN M. SLACK, Jr., West Virginia BEN REIFEL, South Dakota
JOHN LESINSKI, Michigan LOUIS C. WYMAN, New Hampshire

JOHN J. FLYNT, JR., Georgia
NEAL SMITH, Iowa
ROBERT N. GIAIMO, Connecticut
JULIA BUTLER HANSEN, Washington
EDWARD R. FINNEGAN, Illinois
CHARLES S. JOELSON, New Jersey
JOSEPH P. ADDABBO, New York
JOHN J. McFALL, California *
W. R. HULL, JR., Missouri

KENNETH SPRANKLE, Clerk and Staff Director

(II)

SUPPLEMENTAL APPROPRIATIONS BILL, 1965

SUBCOMMITTEE ON DEPARTMENTS OF STATE, JUSTICE, AND COM-
MERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRI-
ATIONS
JOHN J. ROONEY, New York, Chairman

ROBERT L. F. SIKES, Florida FRANK T. BOW, Ohio
JOHN M. SLACK, Jr., West Virginia GLENARD P. LIPSCOMB, California
NEAL SMITH, Iowa ELFORD A. CEDERBERG, Michigan

MoNDAY, AUGUST 10, 1964.
DEPARTMENT OF JUSTICE

WITNESSES

BURKE MARSHALL, ASSISTANT ATTORNEY GENERAL, CIVIL RIGHTS DIVISION

JOHN DOAR, FIRST ASSISTANT, CIVIL RIGHTS DIVISION

WILLIAM HOLLORAN, EXECUTIVE ASSISTANT, CIVIL RIGHTS DIVISION

S. A. ANDRETTA, ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL

J. C. BROWN, BUDGET OFFICER

CIVIL RIGHTS ACT of 1964

Mr. RooNEY. The committee will please come to order. We shall this morning commence consideration of a number of appropriation requests to support the programs authorized by the so-called Civil Rights Act of 1964. These are contained in House Document No. 318 under date July 20, 1964.

At the outset we shall insert the entire language of this Civil Rights Act of 1964 known as Public Law 88–352, 88th Congress, H.R. 7152, July 2, 1964, together with House Document No. 318 to which I have just made reference.

(1)

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AN ACT To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”. TITLE I–VOTING RIGHTS

SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows: (a) Insert “1” after “(a)” in subsection (a) and add at the end of subsection (a) the following new paragraphs: “(2) No person acting under color of law shall— “(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; “(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or “(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974–74e; 74 Stat. 88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. “(3) For purposes of this subsection— “(A) the term “vote' shall have the same meaning as in subsection (e) of this section; “(B) the phrase ‘literacy test' includes any test of the ability to read, write, understand, or interpret any matter.” (b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: “If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election.” (c) Add the following subsection “(f)” and designate the present subsection “(f)” as subsection “(g)”;

“(f) When used in subsection (a) or (c) of this section, the words “Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives.”

(d) Add the following subsection “(h)”;

“(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief 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 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, 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.

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