CIVIL RIGHTS ACT OF 1963

NOVEMBER 20, 1963.—Committed to the Committee of the Whole House on t
State of the Union and ordered to be printed

U.S. Congress, House.

Mr. RODINO, from the Committee on the Judiciary, submitted th following

REPORT

[To accompany H.R. 7152]

The Committee on the Judiciary, to whom was referred the bi (H.R. 7152) to enforce the constitutional right to vote, to confe jurisdiction upon the district courts of the United States to provid injunctive relief against discrimination in public accommodations, t authorize the Attorney General to institute suits to protect constitu tional rights in education, to establish a Community Relation Service, to extend for 4 years the Commission on Civil Rights, t prevent discrimination in federally assisted programs, to establish Commission on Equal Employment Opportunity, and for other pur poses, having considered the same, report favorably thereon wit amendments and recommend that the bill do pass.

The amendments are as follows:

Amendment No. 1: Strike all after the enacting clause and inser in lieu thereof the following:

That this Act may be cited as "The Civil Rights Act of 1963."

TITLE I-VOTING RIGHTS

SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amende by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as furthe amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is furthe amended as follows:

(a) Insert "1" after "(a)" in subsection (a) ard 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 lay or laws to vote in any Federal election, apply any standard, practice, procedure different from the standards, practices, or procedures applie 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 b qualified to vote;

Pསj

Pཔས པསཝད

isite to voting, if such error or omission is not material in determining her 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 ion unless (i) such test is administered to each individual wholly in ng except where an individual requests and State law authorizes a test than in writing, and (ii) a certified copy of the test whether written or and of the answers given by the individual is furnished to him within ty-five days of the submission of his request made within the period of during which records and papers are required to be retained and preed pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 197474 Stat. 88).

or purposes of this subsection

A) the term 'vote' shall have the same meaning as in subsection (e) of section;

B) the phrase 'literacy test' includes any test of the ability to read, e, understand, or interpret any matter."

sert immediately following the period at the end of the first sentence of n (c) the following new sentence: "If in any such proceeding literacy is a fact there shall be a rebuttable presumption that any person who has adjudged an incompetent and who has completed the sixth grade in a nool in, or a private school accredited by, any State or territory or the of Columbia where instruction is carried on predominantly in the English possesses sufficient literacy, comprehension, and intelligence to vote ederal election."

d the following subsection “(f)" and designate the present subsection subsection "(g)":

hen used in subsections (a) or (c) of this section, the words ‘Federal shall mean any general, special, or primary election held solely or in ne purpose of electing or selecting any candidate for the office of President, sident, presidential elector, Member of the Senate, or Member of the Representatives."

d the following subsection "(h)":

any proceeding instituted in any district court of the United States s section the Attorney General may file with the clerk of such court a hat a court of three judges be convened to hear and determine the case. f the request shall be immediately furnished by such clerk to the chief the circuit (or in his absence, the presiding circuit judge) of the circuit in e case is pending. Upon receipt of the copy of such request it shall be of the chief judge of the circuit or the presiding circuit judge, as the case o designate immediately three judges in such circuit, of whom at least one circuit judge and another of whom shall be a district judge of the court the proceeding was instituted, to hear and determine such case, and it he duty of the judges so designated to assign the case for hearing at the racticable date, to participate in the hearing and determination thereof, use the case to be in every way expedited. An appeal from the final of such court will lie to the Supreme Court.

e event the Attorney General fails to file such a request in any such pro-
t shall be the duty of the chief judge of the district (or in his absence,
g chief judge) in which the case is pending immediately to designate a
such district to hear and determine the case. In the event that no judge
trict is available to hear and determine the case, the chief judge of the
r the acting chief judge, as the case may be, shall certify this fact to the
ge of the circuit (or in his absence, the acting chief judge) who shall then
a district or circuit judge of the circuit to hear and determine the case.
ll be the duty of the judge designated pursuant to this section to assign
or hearing at the earliest practicable date and to cause the case to be in
y expedited."

II—INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN
PLACES OF PUBLIC ACCOMMODATION

1. (a) All persons shall be entitled to the full and equal enjoyment of the
rvices, facilities, privileges, advantages, and accommodations of any
public accommodation, as defined in this section, without discrimination
ation on the ground of race, color, religion, or national origin.

means tra

the severa any foreig of Colum or the Di

(d) Dis
action wi
carried or

or (2) is r
division t
(e) The
other esta
of such es
lishment
SEC. 201
from discr
or nationa
quired by
agency or
SEC. 20-

or deprive
section 20
threaten, c
privilege s

person for

section 201
SEC. 204
grounds to
prohibited
cation for a
may be ins
or in the na
title will be
(b) In ar
torney's fee
same as a P
(c) In ca
tion or thre

may allow