Civil Rights Act 1964******************************************************************************
CIVIL RIGHTS ACT OF 1964.
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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.
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(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.
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