******************************************************************************
CIVIL RIGHTS ACT OF 1964.
******************************************************************************
Document Number: PL 88-352
Date: 02 JUL 64
88th Congress, H. R. 7152
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 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.
_
Database PNET_OPM Law/Reg Lib - OPM+Agency Regs 05-Jun-96
User IHS_BATEMAN 10:28 AM
PL PL 88-352 02JUL64 CIVIL RIGHTS ACT OF 1964. Page 7
(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 o
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 cloture filed in Senate.
June 9: Considered in Senate.
June 10: Senate adopted motion for cloture.
June 11-13, 15-18: Considered in Senate.
June 19: Considered and passed Senate, amended.
July 2: House concurred in Senate amendments.
------------------- Bottom of Document ----------------
Document courtesy of RBP Associates, Inc.
HTTP://rbp.eeomas.com/
-- Page Revised: August 13, 1996
