Box 17, Folder 14, Document 24

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88TH CONGRESS
lstSession
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HOUSE OF REPRESENTATIVES { DocrnrnNT
No. 124
CIVIL RIGH TS
MESSAGE
F ROM
THE PRESIDENT OF THE UNITED STATES
REL A TIVE T O
CIVIL RI GHTS, AND A DRAFT OF A BILL TO ENFORCE THE CO NSTITUTIONAL RIGHT TO VOTE, T O CON FER JURISDICTION UPON
TI-IE DISTRICT COURTS OF TI-IE UNITED STATES TO PROVIDE
INJUNCTIVE RE LIEF AGAINST DISCRIMINATIO N +N PUBLIC
ACCOMMODATIONS, TO AUTHORIZE TI-IE ATTORNEY GENERAL
TO INSTITUTE SUITS TO PROTECT CONSTITUTIONAL RIGHTS IN
EDUCATION, TO ESTABLISH A CO MMUNITY RELATIONS SERVICE, TO EXTE ND FOR FOUR YEARS THE COM .MISSION ON CIVIL
RIGHTS, TO PREVENT DISCRIMINATIO N IN FEDERALLY ASSISTED PRO GRAMS, TO ESTABLISH A CO MMISSIO N ON EQUAL
EMPLOYMENT OPPORT UNITY, AN D FO R OTH ER P URPOSES
J UNE
19, 1963.- Refer rcd to the Committee on th e J ud iciary and ordered to
be .. printed
To the Congress of the United States :
Last week I addressed to the American people an appeal to conscience-a r equest for their cooperation in meeting the growing moral
crisis in American race r elations. I warned of "a rising tide of
discontent tha t threa tens th e publ_ic safety" in many parts of the
country. I emphasized that "the events in Birmingham and elsewhere have so increased the cri es for equality that no city or State or
legislative body can prudently choose to ignore them. " "It is a time
to act," I said, "in the Congress, in State and local legislative bodies
and, above all, in all of our daily lives."
· In t he days that have followed, the freclictions of increased violence
have been tragically borne out. The ' fires of frustration and discord"
have burned hotter than ever.
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-ill,JGHTS
. At the same in:ie, the response of the Am erican people to this appeal
to their principles and obligations has been Teassuring. Private
progress__:_by merchants and unions and local organizations-has
been marked, if not uniform, in many areas. Many doors long closed
to Negroes, North and South, have been opened. Local biracial
committees, under private and public sponsorship, have mushroomed.
The ma.yors of our major cities, whom I earlier addressed, have
pledged renewed ac tion. But persisting inequalities and tensions
make it clear that Federal action must lead the way, providing both
the N ation's standard and a nationwide solution. In short, the tin1e
has come for the Congress of the United States to join with the executive and judicial branches in making it clear to all that r ace has no
place in American life or law.
On F ebruary 28, I sent to the Congress a message urging the cnnc trn ent this year of three important pieces of civil rights legislat ion:
1. Voting.-Legislation to assure the availability to all of a b as ic
and powerful right-the right to vote in a free American electionby providing for the appointment of temporary Federal v otii:w
referees while votino- suits are proceeding in areas of demonstrated
need; by giving such suits preferential and expedited treatment in
the Federal comts; by prohibiting in Federal elections the application of differ ent tests and standards to different voter applicants;
and by providing that, in voting suits pertaining to such elections,
the completion of the si.-.::th grade by any applicant creates a presumption that he is literate. Armed with the full and equal right
to vote, our Negro citizens can help win other rights through political
channels not now open to them in many areas.
2. 'Civil Rights Oommission.-Legislation to renew and expand the
authority of the Commission on Civil Ri~hts, enablin~ it to serve as a
national civil rights clearinghouse offenng informat10n, advice, and
technical assistance to any public or private agency that so requests.
3. School desegregation.-Legislation to provide Federnl technical
and financial assistance to aid school districts in the process of desegregation in compliance with the Constitution.
Other measures introduced in the Coniress have nlso received the
support of this ad.ministration, including tnose aim.eel at assuring equal
employment opportunity.
Although these r ecommendations were transmitted to the Congress
some time ago, neither House has yet had an opportunity to vote on
any of these essential meas m es. The Negro's drive for justice,
however, has not stood still-nor will it, it is now clear, until full
equali ty is achieved. The growing and understandable dissatisfaction of Negro citizens with the presen t pace of desegregation, and
their increased determination to secme for themselves the equality
of opportunity and treatment to which they are rightfully entitled,
have underscor ed what should already have ·been clear : the necessity
of the Congress enacting this year-not only the measures aJrnady
proposed-but also additional legislation providing legal remedies
for the denial of certain individual rights.
The venerable code of equity law commands "for every wrong, a
remedy." But in too many communities, in too many parts of t he
country, wrongs are inflicted on Negro citizens for which no effective
r emedy at law is clearly and readily available. State and local laws
may even affirmatively seek to den y th e rights to which these citizens
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CIVIL RIGHTS
are fairly entitled-and this cn,n result only in a decreased respect for
the law and increased violations of the law.
In the continued absence of congressional action, too many State and local officials as well as businessmen will remain unwilling to
accord these rights to all citizens. Some local courts and local merchants may well claim to be uncertain of the law, while those merchants who do recognize the justice of the Negro's request (and I
believe these constitute the great majority of merchants, North and
South) will be fearful of being the first to move, in the face of official,
customer, employee, or competitive pressures. Negroes, consequently,
can be expected to continue increasi ngly to seek the vindication of
these rights tlu-ough organized direct action, with all its potentially
explosive consequences, such as we have seen in Birmingham, in
Philadelphia, in Jackson, in Boston, in Cambridge, Md., and in mn,ny
other parts of the country.
In short, the result of continued Federal legislative inaction will
be continued, if not increased, racial strife-causing the leadership
ou both sides to pass from the hands of reasonable and responsible
men to the purveyors of hate and violence, endangering domestic
tranquillity, r et::i.rding our Nation's economic and social progress and
weitkening the r espect with which the rest of the world regards us.
No -American, I feel sure, would prefer this course of tension, disorder,
and diYision- ancl the great majorit~, of our citizens simply cannot
accept it.
For these reasons, I am proposing that the Congress stay in session
this year until it has enacted-preferably as a single omnibus billthe most responsible, reasonable, and urgently needed solutions to
this problem, solutions which should be acceptable to all fair-minded
men. This bill would be known as the Civil Rights Act of 1963,
and would include-in addition to the aforementioned provisions on
voting rights and the Civil Rights Commission-additional titles on
public accommodations, employment, federally assisted programs, a
Community R elations Service, and education, with the latter including
my previous recommendation on this subject. In addition, I am
requesting certain legislative and budget amendments designed to
improve the trainin&', skills, and economic opportunities of the economically distressed. and discontented, white and Negro alike.
Certain executive actions are also reviewed here; but legislative action
is imperative.
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E QUAL A cco MMODATIONS 11-
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FA CILITIES
Events of r ecent weeks have again underlined how deeply om
Negro citizens r esent the injustice of being arbitrarily denied equa.l
access to those facilities and accommodations which are otherwise
open to the general public. That is a daily insult which has no place
in a country proud of its heritage- the heritage of the melt,ing pot, of
equal rights, of one nation and one people. N o one has been barred
on account of bis race from fighting or dying for America-there are
no "white" or "colored" signs on the foxholes or graveyards of battle.
Smely, in 1963, JOO years after emancipation, it should not be necessary for any American citizen to demonstrate in the streets for the
opportunity to stop at a hotel, or to eat at a lunch counter in the very
department store in which he is shopping, or to enter a motion picture
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CIVIL RIGHTS
h~use, on th·e s111ne terms as any other customer. As I stated in my
message to the Congress of February 28, "no action is more contrary
to the spirit of our democracy and Cons titution-or more rightfully
resented by a Negro citizen who seeks only equal treatmen.t-than
the barring of that citizen from restaurants, hotels, theaters, recreational areas, and other public accommodations and facilities."
The U.S. Government has taken action through the courts and by
other means to protect those who are peacefully demonstrating t o
obtain access to these public facilities ; and it has taken action to bring
an end to discrimination in rail, bus, and airline terminals, to open up
restaurants and other public facilities in all buildings leased as well as
owned by the Federal Government, and to assure full equality of
access t-0 all federally owned parks, fores ts, and other recreational
areas. When uncontrolled mob action directly threatened the nondiscriminatory use of transpor tation facilities in Ma.y 1961, F e1eral
ma.rshals were employed to restore order and prevent potentially
widespread personal and proper ty damage. Growing nationwide
concern with this problem, however, makes it clear that further
Federal action is needed now to secure the right of all citizens to the
full enjoyment of all facilities which 11re open to the general public.
Such legisl11tion is clearly consistent with the Constitution and with
om· concepts of both human rights and property rights. The argument that such measmes constitute 11n unconstitutional interference
with property rights has consistently been rejected by the courts in
upholding ll1ws on zoning, collective bargaining, minimum wages,
smoke control, and countless other measures designed to make certain
that the use of private property is consistent with. the public interest.
While the legal situations are not parallel, it is interesting to iiote that
Abraham Lincoln, in issuing the Emancipation Proclamation 100 years
ago, was also accused of violating the property rights of slaveowners.
Indeed, there is an age-old saying that "property has its duties as well
as its rights"; and no property owner who holds those premises for the
purpose of serving at a profit the American public 11t la.rge can claim
11ny inherent right to exclude a part of that public on grounds of race
or color. Just as the law requires common c111Tiers to serve equally
n11 who wish theiT services, so it c11n require public 11ccommodations
to 11ccommod11te equally all segments of the general public. Both
lrn mn,n rights and proper ty rights are found11tions of om society- and
both will flourish as the result of this measure.
In a society which is increasingly mobile and in an economy which
is increasingly interdependent, bu.sine s establishments which serve
the public- such as hotels, rest11urants, theat ers, stores, and othersserve not only th e members of th eir immediate communities but
travelers from other tates and visitors from abroad. Their goods
come from all over tJ1 e I11,tion. This participation in the :flow of
interstate commerce has given these . business establishments both
increased prosperity and n.n increased responsibility to provide equal
access and service to all citizens.
Some 30 States,1 the District of Columbia, and numerous citiescovering some two-thirds of this country and well over two-thirds of
'Alaska, Onliforn la/ Oolorndo, Connecticut, I dn!Jo, llllnols,_Ind_lnnn, Iowa, Kansas, Main~ Morrlll.)ld,
Massachusetts, Mich gan, Mlnllesota, Montana, Nebraska, New Hompslure, Now Jersey, New Menco,
New York, North Dakota, Ohio, Oregon, P ennsylvania, Rhode Island, South Dakota, Vermont, Washington, Wisconsin, ancl Wyoming. Oltles with pt1bUc nccommoclations ordinances wWch are outside the
above States Include Washington, D.C., Wilmington, Del., Louisville, Ky., E l Paso, Tex., Kansas City,
Mo., and St. Louis, Mo.
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its people-have already enacted laws of varying effectiveness against
discrimination in places of public accommodation, many of them in
response to the recommendation of President Truman's Committee
on Civil Rights in 1947. But while their efforts indicate that legislation in this area is not extraordinary, the failure of more States to
take effective action makes it clear that Federal legislation is necessary.
The State and local approach has been tried. The voluntary approach
has been tried. But these approaches are insufficient to prevent the
free flow of commerce from being arbitrarily and inefficiently restrained
and distorted by discrimination in such establishments.
Clearly the Federal Government has both the power and the obligation to eliminate these discriminatory practices: first, because they
adversely affect the national economy and the flow of interstate commerce; and secondly, because Congress has been specifically empowered under the 14th amendment to enact legislation making certain
that no State law permits or sanctions the unequal protection or
treatment of any of its citizens.
There have been increasing public demonstrations of resentmen t.
directed against this 1..'i.nd of discrimination-demonstr_ations which
too often breed tension and violence. Only the Federal Governmen t,
it is clear, can make these demonstrations unnecessary by providing
peaceful remedies for the grievances which set them off.
For these reasons, I am today proposing, as part of the Civil Rights
Act of 1963, a provision to guarantee all citizens equal access to the
services and facilities of hotels, restaurants, places of amusement, and
retail establishments.
This seems to me to be an elementary right. Its denial is an arbitrary indignity that no American in 1963 should have to endure.
The proposal would give the person aggrieved the right to obtain a
court order against the offending establishment or persons. Upon
receiving a complaint in a case sufficiently important to warran t his
conclusion that a suit would materially further the purposes of the
act, the Attorney General-if he finds that t.he aggrieved party is
unable to undertake or otherwise arrange for a suit on his own (for
lack of financial means or effective representation , or for fe11,r of economic or other injury)- will first r efer the case for voluntary settlement to the Community Relations Service described below, give the
establishment involved time to correct its practices, permit State and
local equal access laws (if any) to Op()rate first, and then , and only
then, initiate a suit for compliance. In short, to the extent that these
unconscionable practices can be corrected by the individual owners,
localities, and States (and r ecent experience demonstrates bow effectively and uneventfully this can be done) , th e Federal Governm ent bas
no desire to intervene.
But an explosive national problem can not await city-by-city
solutions; and t hose who loudly abhor Federal action only in vite it
if they neglect or evade their own obligations.
This provision will open doors in every part of the country which
never should have been closed. It,s enactment will hasten the end to
practices which have no place in a free and united nation, and thus
help move this potentially dangerous problem from the streets to the
courts.
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II.
D ESEGRE GATIO N OF SCHOOLS
In my message of F ebrua.r y 28, while commending the progress
akeady made in achieving desegregation of education at all levels as
foquired by the Constitution, I was compelled to roint out the slowness
of progress toward primary and seconda,r y schoo desegregation. The
Supreme Court has recently voiced the same opinion. M any Negro
children entering segregated grade schools at the time· of the Supreme
Court decision in 1954 will enter segr egated high schools this year,
having suffered a loss which can never be regained. Indeed, discrimination in education is one basic cause of the other inequities and hardships inflicted upon our NegTO citizens. The lack of equal educational
opportunity deprives the individual of equal economic opportunity,
restTicts his contribution as a citizen and community leader, encourages
him to dTOp out of school and imposes a heavy burden on the effott to
elimin ate discrimin atory practices and prejudices from our nation al
life.
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The F ederal courts, pursuant to the 1954 decision of the U .S.
Supreme Court and earlier decisions on institutions of higher learning,
have shown both competence and courage in directing the desegregation of schools on the local level. It is appropriate to keep this
responsibility largely within the judicial arena. But it is unfair and
unrealistic to expect that the burden of initiating such cases can be
wholly borne by private litigants. Too often those ·entitled to bring
suit on behalf of their children lack the economic ineans for instituting
and main taining such cases or the ability to withstand the personal,
physical, and economic harassment which sometimes descends upon
those who do ins titute them. The same is true of students wishing to
attend th e college of their choice but un able t o assume the burden of
litigation.
These difficulties are among the principal reasons for the delay in
carrying out the 1954 decision; and this delay cannot be justified to
those who have been hurt as a result. Rights such as these, as the
Supreme Court r ecently said, are "present rights. They are not
merely h opes to some fu ture enjoyment of some formalistic constitut ional promise. The basic guarantees of our Constitution are warrants for the here and now * * *."
In order to achieve a more ord erly and consistent complia.n ce with
the Supreme Court's school and college desegregation decisions, therefore, I recommend that the Congress assert its specific constitu tional
~u thority to implement the 14th amendment by including in th e Civil
Righ ts Act of 1963 a new title providing the following:
(A) Au thority would be given the Attorney General to initiate in
the Federal district courts appropriate legal proceedings against local
public school boards or public institutions of higher learning-or to
in tervene in existing cases-whenever(1) be has received a written complaint from students or from
the parents of students who are being den ied equal protection of
the laws by a segregated public school or college; and
(2) he certifies that such persons are unable to undertake or
otherwise arrange for the initiation and maintenance of such
legal proceedings for lack of financial means or effective legal
representation or for fear of economic or other injury ; and
(3) he determines that his initiation of or intervention in such
suit will materially further the orderly progress of desegregation
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in public education . For this purpose, the Attorney General
would establish criteria to determine the priority and relative
need for Federal action in those districts from which complaints
have been filed.
(B) As previously recommend ed, technical and financial assistance
would be given to those school districts in all parts of the country
which, voluntarily or as the result of litigation, are engaged in the
process of meetino- the educational problems flowing from desegregation or racial imbJance but which are in need of guidance, experienced
help, or financial assistance in order to train their personnel for this
changeover, cope with new difficulties and complete the job satisfactorily (including in such assistance loans to a distri ct where State or
loral funds have been withdrawn or withheld because of desegregation).
Public institutions already operating without racial discrimination,
of comse, will not be affected by this statute. Local action can always
make Federal action unnecessary. Many school boards have peacefully and voluntarily desegreo-ated in recent years. And while this
act does not include private c~leges and schools, I strongly urge them
to live up to their responsibilities and to recognize no arbitrary bar of
race or color-for such .bars have no place in any institution, least of
all one devoted to the truth and to the improvement of all mankind.
III.
F A IR AND FULL EMPLOYMEN T
Unemployment falls with special cruelty on minority groups. The
unemployment rate of N egro workers is more than twice as high as
that of the working force as a whole. In many of our larger cities,
both North and South, the number of jobless Negro youth-often
20 percent or more-creates an atmosphere of frustration, resentment,
and unrest which does not bode well for the future. Delinquency,
vandalism, gang warfare, disease, slums, and the high cost of public
welfare and crime are all directly related to unemployment among
whites and Negroes alike-and recent labor difficulties in Philadelphia
may well be only the beginning if more jobs are not found in the
larger northern cities in particular.
Employment opportunities, moreover, play a major role in determining whether the rights described above are meaningful. There is
little value in a Negro's obtaining the right to be admitted to hotels
and restaurants if be has no cash in his pocket and no job .
Relief of Negro un employment reqt1ires progress in three major
areas:
(1) More jobs must be created through greater economic growth.The Negro-too often unskilled, too of ten the first to be fired and the
last to be hired- is a primary victim of recessions, depr essed areas,
and unused industrial capacity. Negro unemployment will not be
noticeably diminished in this country until the total demand for labor
is effectively increased and the whole economy is headed toward a
level of full employment. 1Vhen our economy operates below capacity, Negroes are more severely affected than other groups. Conversely, return to full employment yields particular benefits to the
Negro. Recent studies have shown that for every 1 percentagepoint decline in the general unemployment rate there tends to be a
2 percentage-point r eduction in Negro unemployment.
Prompt and substantial tax reduction is a key to achieving the
full employment we need. The promise of the area redevelopment
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CIVIL RIGHTS
program- which ha.m esses local initia tive town.rd the solution of
deep-seated economic distress-mus t no t be stifled for want of
sufficient authorization or adequate finan cing. The accelerated
public works program is now gaining momentum; States, cities, and
local communities should press ahead with the projects financed by
this measure. In addition, I have instructed the Departments of
Labor, Commerce, and Health , Education, and Welfare to examine
how their programs for the relief of unemployment and economic
hardship can be still more intensively fo cused on those areas of hardcoi:e, long-term unemployment, · among both white and nonwhite
workers. Our concern with civil rights must not cause any diversion
or dilution of our efforts for economic pro~E~ss-for without such
progress the Negro's hopes will remain unfu1111led.
(2) J..101·e education ancl tmining to raise the level of skills.-A clistressing number of unemployed Negroes are illiterate and unskilled,
r efugees from farm automation, unable to do simple computations or
even to read a help-wanted advertisement. Too many are equipped
to work only in those occupations where technology and other changes
have reduced the need for manpower-as farm labor or manual labor,
in mining or construction. Too many have attended segregated
schools that were so lacking to adequate funds and faculty as to be
unable to produce qualified job applicants. And too many who have
attended nonsegregated schools dropped out for lack of incentive,
guidance, or progress. The unemployment rate for those adults with
less than 5 years of schooling is a.round 10 percent; it has consistently
been double the prevailing rate for high school graduates; and studies
of public welfare recipients show a shockingly high proportion of
parents with less than a primary school education.
Although the proportion of Negroes without adequate education
and training is far higher than the proportion of whites, none of these
pro bl ems is r estricted to Negroes a.Ione. This Nation is in critical
need of a massive upgrading in its education and training effort for all
citizens. In an age of r apiclly changing technology, that effort today
is failin g millions of our youth. It is especially failing Negro youth
in segr egated schools and crowded slums. If we are ever to lift them
from the morass of social and economic degradation, it will be th.rough
the strengthenin~ of our edu cation and trainin g services-by improving the quality of instruction; by enabling our schools to cope
with rapidly e:;,.J)anding enrollm ents;. and by increasing op:portunities
and incentives for all individuals to complete their educat10n and to
con tinue their self-development during adulthood.
I have ther efore reques ted of the Congress and r equest again today
the enactment of legislation to assist education at every level from
grade school through graduate school.
I have also .r equested the enactment of sever al measures which
provide, by various means and for various age and educational groups,
expanded job training and job experience. Today, in the new and
more urgen t context of this message, I wish to renew my request for
these measures, to expand their l?rospective operation and to supplemen t them with additional provisions. The additional $400 million
which will be r equired beyond that contained in the J anuary budget
is more t han offset by the various budget reductions which I have
already sen t to the Congress in the last 4 months. Studies show,
moreover, that the loss of 1 yea1s income clue to unemployment is mo1'e
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(han the total cost of 12 years of education through high school; and, when
. welfare and other social costs are added, it is elem· that failure to take
{hese steps will cost us far more than thefr enactment. There is no more
profitable investment than educa tion, and no greater waste than ill-
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trained youth.
Specifically, I now propose:
(A) That additional funds be provided to broaden the manpower
de velopment ancl tmining program, and that the act be amended, not
only to increase the authorization ceiling and to postpone the effec.:
tive date of State matching r equirements, but also (in keeping with
the recommendations of the President's Committee on Youth Employment) to lower the age for training allowances from 19 to 16, to
allocate funds for literacy training, an d to permit the payment of a
higher proportion of the program's training nllowances to out-of-school
youths, with provisions to assure t.lrnt no on e drops out of school t.o
t ake :idvimtage of this progmm ;
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(B) That additional funds be provided to finnnce the pending
uouth emvloymerit bill, which is designed to channel the energies of
ou t-of-school, out-of-work youth into the constructive outlet offered
by hometown improvement proj ects and conservation work;
(C) That t,h e pending vocational education amendments, which would
greatly update nnd expimd this progmm of teaching job skills to those
in school, be strengthened by the nppropriation of additional funds,
with some of the added money em·marked for those areas with a high
incidence of school dropouts and youth unemploym ent, and by the
addition of a new program of demonstration youth train.ir1g projects
t o be conducted in these ar eas;
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(D) That the vocational education progrnm be furth er amended to
provide a worlc-study vrogram for youth of high school age, with F edernl
funds helping their school or ot,her local public agency employ them
part time in order to ennble and encourage them to coinplete their
training;
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(E) That the ceiling be raised on the adillt basic education provisions in the pending education progrnm, in order to help the States
ten.ch the fund amental tools of li teracy and learning to culturally deprived adults. More than 22 million Americm1S in nll parts of th e
country have less than 8 yenrs of schooling; nnd
(F) That the public welfare worlc-reli~f ancl training program, which
the Congress added last year, be amended to provide Federal fin ancing
of the supervision and equipment costs, and rnore F ederal demonstration and training proj ec ts, thus enco uraging Sta.te and locnl welfare
agencies to put employable but unemployed welfare recipients to work
on local proj ects which do not displace ot,her workers.
To make the above r ecommendations effective, I call upon more
States to adopt enabling legislation covering un employed fathers
under the aid-to-dependent children program, thereby gaining their
services for "work-relief" jobs, and tq moYe ahead more Yigorously
in implementing the manpower deYelopment and tru.ining program.
I am asking the Secretaries of Labor and HEW to make use of th eir
authority to deal directly with communities and yocationa.1 schools
whenever State cooperation or progress is insufficient, particularly in
_those areas where youth unemployment is too high. AboYe all , I urge
the Congress to enact all of these measures with aln.crity and foresight.
H. Doc. 124, 88-1 - 2
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CIVIL RIGHTS
For even the complete elirnination of ra cial discrimination in employment-a goal toward which this Nation mus~ strive (as discussed
below)-will not put a single un employed Negro to work unless he
has the skills required and unl ess more jobs hav'e been created-and
thus the passage of the legislation described above (under bo th secs.
(1) and (2)) is essential if the obj ectives of this message are to be met.
(3) Finally racial discrimination in employment must be eliminated. D enial of the right to work is W1fair, regardless of its victim. It is
doubly unfair to throw its burden on an individual because of his race
or color. . Men who served side by side with each other on the field of
battle should have no difficul ty working side by side on an assembly
l~ne or construction project.
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'fherefore, to combat this evil in all par ts of the country,
(A) The Committee on Equcil Employment Opportunity, under the
chairmanship of the Vice President, should be given a permanent
statutory basis, assuring it of adequate financing and enforcement
procedures. That Committee is now stepping up its efforts to remove
rncial barriers in the hiring practices of Federal depa.r tments, agencies,
and Federal contractors, covering a total of some 20 million employees
and the Nation's major employers. I have requested a company-bycompnny, plant-by-plant, union-by-union 1;eport to assme the implementation of this policy.
(B) I will shortly issue an Executive order extending the authority
of the Committee on Equal Employment Opportunity to include the
construction of buildings and other facili ties undertaken wh olly or in
past as a result of F ederal grant-in-aid programs.
. (C) I have directed that all F ederal construction programs be
review.eel to prevent any racial discrimination in hiring!ractices, either
directly in the rejection of presently available qualifie Negro workers
or indirectly by the exclusion of Negro applicants for apprenticeshi p
training.
(D) I have dil'ected the ecr'etary of Labor, in the conduct of his
duties under the Federal Apprenticeship Act and E xecutive Order
No. 10925, to require that the admission of young workers to apprenti ceship programs be on a completely nondiscriminatory basis.
(E) I have dii-ectecl the Secretary of Labor to make certain that the
job counseling and placement responsibilities of the Federal-State
Employment Service a.r e carried out on a nondiscriminatory basis, a.n d
to help assure that full and equal employment oppor tunity is provided
nil qualified Negro applicants. The selection and referral of applica,nts for employment and for training opportunities, and the administration of the employment offices' other services a.nd facilities,
must be carried on witho ut regaTd to race or color. This will be of
special importance to Negro es graduating from hi gh school or college
this month.
(F) The Departn.1ent of Justice has intervened in a case now pendino- before the NLRB involviug charges ofracinl discrimination on the
part of certain union locals.
(G) As a part of its new policy on Federal em ployee organizations,
this Government ,vill recognize only those that do not discriminate on
grounds of mce or color.
(H) I have called upon t he leaders of organize<l labor to. end discrimination in their membership policies; and some 118 unions1
representing 85 percent of the AFL--CIO membership, have signea
�CML RIGHTS
i
11
nondiscrimination agreements with the Committee on Equal Emplojrme'nt Opportunity. More are expected.
(I) Finally, I renew my support of pending Federal fair employment
practices legislation, applicable to both employers and unions. Approximately two-thirds of the Nation's labor force is already covered by
Federal, State, and local equal employment opportunity measures_.:..__
including those employed in the 22 States and numerous cities which
hav·e enacted such laws as well as those paid directly or indirectly by
Federal funds. But, as the Secretary of Labor testified in Januar)'
1962, Federal legislation is desirable, for it would help set a standarcl
for all the Nation and close existing gaps.
This problem of unequal job opportunity must not be allowed to
grow, as the result of either recession or discrimination. I enlist
every employer, every labor union, and every agency of governmentwhether affected directly by these measures or not-in the task of
seeing . to it that no false lines ar e drawn in assuring equnlity of the
right and opportunity to make a decen t living.
IV.
COMMUNITY RELATIONS SERVICE
I lrnxe rep eatedly ·stressed the fact that progress in race r elations,
while it cannot be delayed, can be more solidly and more peacefully
nccomplished to the extent that legislation can be buttressed by
voluntary action. I have urged each member of the U.S. Conference
of Mayors to establish biracial human relations committees in every
city; and I hope all communities will establish such a group, preferably
through official action. Such a board or committee can provide
invaluable services by identifying community tensions before they
reach the crisis stage, by improving cooperation and communication
between the races, and by advising local officials, merchants, and
organizations on the steps which can be taken to insure prompt
progress.
A similar agency is needed on the Federal level- to work with these
local committees, providing them ,vith advice and assistance- to work
in those commw1ities which lack a local committee-and generally to
help ease tensions and suspicions, to help resolve interracial disputes
and to work quietly to improve r elations in any community tbreatened
or torn with strife. Such an effort is in no way a substitute for effective legislative guarantees of human rights. But conciliation and
cooperation can facilitate the achievement of those rights, enablin g
legislation to operate more smoothly and more effectively.
The D epartment of Justice and its Civil Rights Division have
already performed yeoman service of this nature, in Birmingham, in
J ackson, and throughout the country. But the problem has grown
beyond the time and energies which a few otherwise burdened officirtls
can make available- and, in some areas, the confidence of all will be
greater in an intermediary whose duti es are completely separated
from departmental functions of investigation or litigation.
It is my intention , therefore, to establish by Executive order (until
such time as it can be created by statute) an independent Community
Relations S ervice- to fulfill the fun ctions described above, working
through regional, State, and local committees to the extent possible,
and offering its services in tension-torn communi ties either upon its
own mot.ion or upon the request of a local official or other party.
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CIVIL RIGHTS
Authority for such a Service is included in the proposed omnibus bill.
It will work without publicity and hold all information imparted to
its officers in. strict confidence. Its own resources can be preserved
by its encouraging and assisting the creation of State and local committees, either on a continuing basis or in emergency situations.
Without powers of enforcement or subpena, such a Service is no
substitute for other measures; and it cannot guarantee success. But
dialogue and discussion are always better than violence-and this
agency, by enabling all concerned to sit down and reason together, ,
can plfty a major rol e in achieving peaceful progress in civil rights.
V.
FEDERAL PROGRA.i\lS
Simple justice requires that public funds ,' to which all taxpayers of
all races contribute, not be spent in any fashion which encourages,
entrenches, subsidizes, or results in racial discrimination.' Direct discrimination by F ederal, State, or local governments is prohibited by
the Constituti9n. But indirect discrimination, th.rough the· use of
Federal funds, is just as invidious; and it should not be necessary to
resort to the courts to prevent each individual violation. Congress
and the Executive have their responsibilities to uphold the Constitution also; and, in the 1960's, the executive branch has sou~ht to
fulfill its responsibilities by banning discrimination in federally financed housing, in NDEA and NSF institutes, in federally affected
employment, in the Army and Air Force Reserve, in the training of
civilian defense workers, and in all federally owned and leased facilities.
Many statures providing Federa.l financial assistance however,
define with such precision both the administrator's roie and the
conditions upon which specified amounts shall be given to designated
recipients that the amount of administrative discretion remainingwhich might be used to withhold funds if discrimination were not
ended- is at best questionable. No administrator has the unlimited
authority to invoke the Constitution in opposition to the mandate
of the Congress. Nor would it always be helpful to require unconditionally-as is often proposed-the wi thdrawal of all Federal funds
from programs urgently needed by Negroes as well as whites ; for
this may only penalize those who least deser ve it without ending
discrimination.
Instead of permitting this issue to become a political device often
exploited by those opposed to social or economic progress, it would
be better at this time to pass a single comprehensive provision making
it clear that the Federal Government is not r equired, under any
statute, to furnish any kind of financial assistance-by way of grant,
loan, ?0!1tra_ct, gt~aranty 1 ins~ua1;1c~ or_ otherwise- to ~ny program
or activity ill which racial discrrmU1at10n occurs. This would not
permit the Federal Government to cut off all Federal aid of all kinds
as a means of punishing an area for the discrimination occurring
therein- but it would clarify the authority of any administrator with
respe?t to Federal funds or financial assistance and discriminatory
practices.
CoNcLusro
Many problems remain that cannot be ignored . The enactment of
the legislation I have recommended will not solve all our problems of
race relations. This bill must be supplemented by action in every
�CIVIL RIGHTS
13
branch of government at the F ederal, State, and local level.' It must
be supplemented as well by enlightened private citizens, private
businesses and private labor and civic organizations, by responsible
educators and editors, and cer tainly by r eligious leaders who r ecognize
the conflict between racial bi0 ·otry and the Holy Word.
This is not a sectional prob1em- it is nationwide. It is not a partisan problem. The proposals set forth above arn based on, a careful
consideration of the views of leaders of both par ties in both Houses
of Congress. In 1957 and 1960, members of both parties rallied
behind the civil rights measures of my predecessor; n,nd I am cer tain
that this tradition can be continued, as it has in the case of world
crises. A national domestic crisis also calls for bipartisa.n unity and
solutions.
We will not solve these problems by blaming any group or section
for the legacy which has beerr handed down by past &enerations. But
neither will these problems be solved by clinging to tne patterns of the
past. Nor, finally, can they be solved in the streets, by lawless acts
on either side, or by the physical actions or presence of any private
group or public official, however appealing such melodramatic devices
may seem to some.
Durino- the weeks past, street demonstrations, mass picketing, ana
parades have brought these matters to the Nation's attention in dramatic fashion in many cities throughout the United States. This has
happened because these racial injustices are real and no other remedy
was in sight. But, as feelings have risen in recent days, these demonstrations have increasingly endangered lives and property, inflamed
emotions and unnecessarily divided communities. They are not the
way in which this country should rid itself of r acial discrimination.
Violence is never justified ; and, while peaceful communication,
deliberation, and petitions of pro test con tinue, I want to caution
against demonstrations which can lead to violence.
This problem is now before the Congress. Umuly tactics or pressures will not help and may hinder the effective consideration of
these measures. If they are enacted, there will be legal remedies
available; and, therefore, while the Congress is completing its work,
I urge all community leaders, Negro Emel white, to do their utmost to
lessen tensions and to exercise self-restraint. The Congress should
have an opportunity to freely work its will. M eanwhile, I strongly
support action by local public officials and mer chants to remedy these
grievances on their own.
The lea-al remedies I have proposed are the embodiment of this
Nation's basic posture of commonsense and common justice. They
involve every American's right to vote, to go to school, to get a job
and to be served in a public place without arbitrary discriminationrigh ts which most Americans take for granted.
In short, enactment of the Civil Rights Act of 1963 a t this session
of the Congress- however long it may take and .however troublesome
it may be- is imperative. It will go far toward providing r easonable
men with the r easonable means of meeting these problems; and it will
thus help end the kind of r acial strife whi.ch this Nation can h ardly
afford. R ancor, violence, disunity, and national shame can only
hamper our national standing and security. To par aphrase the
words of Lincoln; "In giving freedom to the Negro, we assure freedom
to the free-honorable alike in what we give and what we preserve."
�14
CIVIL RIGHTS
I therefore ask every Member of Congress to set aside sectional
and political ties, and to look at this issue from the viewpoint of the
Nation. I ask you to look into your hearts-not in search of charity,
for the Negro neither wants nor needs condescension-but for the one
plain, proud, and priceless quality that unites us all as Americans; a
sense of justice. In this year of the emancipation centennial, justice
requires·us to insure the blessings of liberty for all Americans and their
posterity-not merely for reasons of economic efficiency, world
diplomacy, and domes t.ic tranquilit,:v- hut, above all, because it is
right.
JOHX F. KENN EDY.
Trm vVmTE HousE, J nne 19, 1963.
A BlLL 'l'o en force the constitut.ionnl right to vote/ to confer jurisdiction 11pon the district courts of the
'l'nlted States to provide lujunotivc relief aga inst c iscrimination in pu blic accommodations, to authorize
the Attorney General to institute suits to protect constitutional rights in educa tion, to establish a Community Relations Service, to extend for fou r years the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Com mission on Equal Employmm1t Opportu11itr,
nnd for other purposes
Be it enacted by the S enate and l-1011.se of Representatives of the United States of
America in Congress assembled, Th at this Act may be cited as the "Civil Righ ts
Act of 1963."
SEC. 2. (a) Discrimiuation by reason of ra ce, color, religion, or national oriµ;in
is incompatible with the concepts of liberty and equality to which the Government of the United States is dedi cat ed. In recent years substantial steps h ave
been taken toward eliminating such discrimination throughout the Nation.
N everth eless, ma ny citizens of the United States, solely because of their race ,
color, or national origin , are denied rights a nd privileges accorded to other citizens a nd thereby subj ect ed to inconvenien ces, humilia tions, and hardships.
Such discrimination impairs t he general welfare of the United States by . preventing the full est development of the capabilities of th e whole citizenry a nd by
limiting participation in the economic, political, an d cultural life of t h e N a.tio11.
(b) It is hereby declared to be the policy of thi s Act to promote the general
welfare b y eliminating d i crimin ation based on race, color, religion, or national
origin in voting, education, a nd public accommodations through the exercise by
Congress of the po11·ers conferred npon it t o regulate the manner of holding
Federal elections, to enforce t he provisions of t he fourteenth and fifteenth amendments, to regulat e commerce among t he se veral States, and to make laws necessar y
and proper to execute t he power conferred upou it by th e Constitution.
(c) It is a lso desirable t hat clisplltes or disagreements ari. ing in any community
from the discriminatory trea tment of ind ividuals for reasous of race, color, or
national origin shall be resolved on a \·oluutary basis, without hqstility or litigation. Accordingl y , it is t he fur t hf' r pmpo. c of this Act to promote thi s end by
providing mach inery for t he volu ntary settlement of such di spu tes and disagreements.
TITLE I- VOTL
RI GHTS
~a
/
SEC. 101. Section 200-1- of t he Revised , 'tat utes (J2 U .S. C. J071), as amended
by section 131 of th e Civi l R ights Act of 1957 (il Stat. 637), and as furth er
amended by section 60 1 of t he Civi l R igh t Act of l!J60 (74 Stat . 90), is furth er
amended as follows :
(a) Inser t "l" after "(a)" in subsection (a) and add at th e end of subsection (a)
th e following new paragraph s:
"(2) No p erson acting under color of la\1· shall"(A) in det er1:~ining whether a ny i1idividual is qu alified under St ate law
t0 vote in an y 1' ederal election appl y any standard , practice, or proced ure
d ifferent from th e , tanrla rrls, prncticPs, or procerl11res appli ed to inclivicl11nls
similal'ly sltuaLed who have lwi, n fo1111d b.r Htnte officials to be qualified to
•p t e .
"( B) dony t ho ri ght of an y indi vid unl t o vole in any F eQ/ll'[l l r.lco f.i on ]ic:
ca u e of an error or omission· of ~uch individual on a nv 'record or pa per relatin g to u. 11 y uppll cu;Liou, r cg iAt 1't.l. Li o 11 , JJ lty 111 0 11 t, o f p o ll °Lu.x, or o t,her u ol, re qqi -
RiLe to voting, if such P1Tor or omission iR not mate rial in de termining whether
such ludivldua l I. qua lified undPr Hl nt e la\\' to vote in such election; or
�CIVIL RIGHTS
15
" (C) employ any literacy t est as a qua lification for vot ing in any Federal
elect ion unless (i) such test is a dministered t o each individual wholly in
,yr iting and (ii) a certified copy of the test and of t he answers given by the
in dividual is fu rnished t o him within twenty-five days of the submission of
his written request made wit hin t he period of t ime during which records and
papers are required to be retained and preserved pursuant to t it le III of t he
. Civil Rights Act of 1960 (42 U.S.C. 1974- 74e; 74 Stat. 88) .
" (3) For purposes of this subsection"(A) the term 'vote' sha ll ha ve t he same meaning as in subsection (e) of
t his section;
"(B) t he words 'Federal election ' sha ll have t he same meaning as in subsection (f) of t his section; and
."(C)" t he phrase 'literacy t est' includes a ny t est of t he ability to read,
write, understand, or interpret any matter."
(b) Insert immediately following t he period at t he end of the first sentence of
subsection (c) t he following new sentence : " If in any such proceeding literacy is a
relevant fact it shall be presumed t hat any p erson who has not been adjudged an
incompetent and who has completed the sixth grade in a p ublic school in, or a
private school accredited by, any State or t erri tory or the District of Columbia
where instruction is carried on predominantly in t he E nglish language, possesses
sufficient literacy, comprehension, and intelligence to vote in any Federal elect ion
as defi ned in subsection (f) of t his section."
(c) Add t he following subsection "(f) " and designate the present subsect ion
"(f) " as subsect ion "(g)";
" (f) Whenever in any proceeding instituted pursuant t o subsection (c) t he
complaint requests a finding of a pattern or practice pursuant to subsect ion (e) ,
and such complaint, or a motion filed within twenty days after t he effective date
.of this Act in t he case of any proceeding which is pending before a district court
on such effective date, (1) is signed by t he Attorney General (or in his absence
t he Acting Attorney General) , and (2) alleges that in t he affected area fewer t han
15 per centum of t he tot al n umber of voting age persons of the same race as t he
p ersons alleged in the complaint to have been discriminated against ar e registered
(or otherwise recorded as qualified to vote) , any person resident within t he
affected a rea who is of the same race as t he persons alleged to have been discriminated against shall be entitled, upon bis applicat ion t herefor, to an ··order
declaring him qualified to vote, upon proof tha t at any election or elect ions (1) he
is qualified under State law t o vote, and (2) he bas since the filin g of the proceeding
under subsection (c) been (A) deprived of or denied under color of law t he
.opportunity t o register t o vote or ot herwise to q1,ialify to vote, or (B) found not
qualified to vote by any person act ing under color of law. Such order shall be
effective as to any F ederal or State election held within t he longest p eriod for
which such applicant could have been registered or otherwise q ualified under
State law at which the applicant's qualificat.ions would under State law ent itle
him to vote : P rovided, That in the event it is determined upon final disposition
of the proceeding, including any review, that no pattern or practice of deprivat ion
of any right secured by subsection (a) exists, t he order shall thereafter no longer
qualify t he applicant to vote in any subsequent election.
" Not withst anding an y inconsistent p rovi1;ion of State law or t he action of any
State officer or court, an applicant so declared qualified to vote shall be permitted t o vote as provided herein . T he Attorn ey General shall cause to be
transmitted cer tified copies of any order declar ing a person quali.fied t o vote to
the appropriate elect ion officers. The refusal by anv such offi cer with not ice of
such order t o p ermit an y person so qu alified to vote at an appropriate election
shall constitute con tempt of court.
"An ap plication for an order pursuant t o t his subsccLion shall be hear d within
t en days, and the execut ion of any order disposing of such application shall not
biystayed if the effect of such stay would be to delay t he effectiveness of the_ order
beyond t he date of any election at which the applicant would otherwise be
enabled to vote.
" The court may appoint one or more persons, t o be known as t emporar y vot ing
referees, t o receive applications pur ua nt t o this subsection and to take evidencr. and
report t o the court fin dings as to whether at an y election or elections (1) any
applicant entitled under t his subsection to apply for an order declaring him
qualified to vote is qualified under State Jaw to vote, and (2) he has since t he
filing of the p roceeding under subsection (c) been (A) deprived of or denied under
color of law t he opp ortunity t o registei· t o vote or ot herwise t o qualify t o vote, or
(B) found not qualified t o vote by any person acting under color oi law. T he
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CIVIL RIGHTS ·
procedure for processing applications under this subsect ion .and· for the -entry of
orders shall be the same as that pro vided for in the fourth and fifth paragraphs of
subsection (e).
.
.
"In appointing a temporary voti ng referee the court shall make its selection
from a panel provided by the Judicial Conference of the circui t. Any temporar y
voting referee shall be a resident a nd a qualified voter of the State in which he is
to serve. He shall subscribe to the oath of office required by section 17 57 of the
Revised Statutes (5 U.S.C. 16) , and shall to the extent not inconsistent herewith
have all the powers conferred upon a master by rule 53(c) of the Federal Rules
of Civil Procedure. The compensation to be allowed any persons appointe d by
the district court pursuant to this subsection shall be fixed by the court and shall
be payable by the United States. In the eve nt that the district court shall appoint
a retired officer or employee of the United States to serve as a temporary voting
refere e, such officer or employee shall continue to receive, in addition to an y
compensation for services rend ered purs uant to t his subsection, all retirement
benefits to which he may otherwise be entitled.
·
" The court or temporary voting referee shall ente rtain applications and the
court shall issue orders pursuant to this subsection until final disposition of the
proceeding under subsection (c), including any review, or until the finding of a
pattern or practice pursuant to subsection (e), whichever shall first occur. App lications pursuant to this subsection shall be determined expeditiously, a nd this
subsection shall in no way be construed as a limitation upon the existing powers
of the court.
" When used in this subsection, 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 Repre·sentativcs; the words 'State election' shall mean ai1y other general, special, or
primary election held solely or in 1)art for the purpose of electing or selec ting any
candidate for public office; the words 'affected area' shall mean that county,
parish, or similar subdivision of the State in which the la ws of the State relating
to voting are or have been admin ist ered by a person who is a defend ant in the
proceeding instituted under subsection (c) on the elate th e original complaint is
filed; and the words 'voting age persons' shall mean those persons who meet the
1
age requirements of State law for voting."
(cl) Adel the followin g subsection " (h) ":
"(h) In any civil action brought in any district court of the Un ited States
under this section or title III of the Civil Rights Act of 1960 (42 U.S. C. l974-74e ;
74 Stat. 88) wherein the United States or the Attorney General is plaintiff, 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 immediat ely to designat e a judge in such
district to hear and determine the case. In the event that no judge in the district
is available to hear an d det ermine 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 a nd det ermine the case .
"It shall be the duty of the judge designated pursuant to this section to assign
t he case for hearing a t the earliest practic able d a te a nd to cause the case to be in
every way expedited ."
..
TITLE II- INJUKCTIVE RELIEF AGAINST DIS CRIMI KATIO N IN
PUBLIC ACCOMMODATIOKS
F I ND I NGS
SEC. 201. (a) The America n people have become increasingly mobile dming
tho last generation, a nd millions of Ameri can citi zens travel each year from State
to S-tat e by rail, a ir, bus, automobile, and other mea ns. A substanti al number of
such travelers are members of mi nority racial an d religious groups. These citizens, parti cul arly Negroes, a rc subj ec ted in ma ny places to discrimin ation a nd
segregation, and they are frequently un able to obtain the goods a nd services
availa ble to other interstate travelers.
(b) Negroes an d members of other minority groups who travel interstate are
frequently una ble to obtain adequate lodging acco mmod ations during their
travels, with the res ul t that they may be compelled to stay a.t hotels or motels of
poor and inferior quality, travel great distances from their norm al routes to find
adequ at e accommodations, or make det ailed arrangements for lodging far in
adva nce of scheduled interst at e travel.
�CIVIL RIGHTS
17
(c) Negroes aud members of other minority groups who travel interst at e are
frequentlf unable to obtaiu adequat e food service at convenient places along their
routes, with the result that many are dissuaded from traveling interstate, while
others must travel considerable distances from their intended routes in order to
obtain adequat e food service.
(dJ Goods, ser vices, and persons in the amusement and entertainment indu. tries commonly move in interstate commerce, and t he entire American p eople
benefit from the increased cult ural and recreational opport unities afforded thereby. Practices of audience discrimination and segregation artificially r estrict the
number of persons to whom the interst ate amusement and entertainment indust ries may offer t heir goods and services. The burdens imposed on interstat e commer ce by such practices and the obstructions to the free flow of commerce wh ich
r esult therefrom are serious and substantial.
(e) Retail establishments in all States of the Union purchase a wide variety and
a large volume of goods from business concerns located in other States and in
foreign n ations. Discriminatory practices in such est ablishments, which in some
instances have led to the withholding of patronage by those affected by such
practices, inhibit and restrict the normal distribution of goods in the interst ate
market.
(f) Fraternal, religious, scientific, and other organizat ions engaged in interst at e operations are frequently dissuaded from holding conventions in cit ies which
they would otherwise select beca.use t he public facilities in such cities are either
not open to all m embers of racial or religious minority groups or are available
on a segregated basis.
(g) Business organizations are frequently hampered in obtaining t he servi ce·
of skilled workers and persons in the professions who are likely to encount er discrimination based on race, creed, color, or national origin in rest aurant s, ret ail
stores, and places of amusement in t he area where t heir services are needed.
Business organizat ions which seek t o avoid subjecting t heir employees t o such
discrimination and to avoid the strife resulting therefrom are restrict ed in t he
choice of location for their offices and plants. Such discriminat ion thus r educes
the mobility of the national labor force and prevents the most effective aJlocation
of national resources, including the interstate movement of indust ries, p articularly
in some of the areas of the Nation most in need of indust rial and commer cial
expansion and development.
(h) The discriminatory pract ices described aboYe are in all cases encouraged,
fost ered, or tolerated in some degree by the government al aut horities of the
Stat es in which t hey occur, which license or protect the businesses involved by
means of laws and ordinances and the activit ies of their executive and judicial
officers. Such discriminatory practices, part icularly when their cumulative effect
throughout t he Nation is considered, t ake on t he character of act ion by t he States
and t herefore fall wit hin t he ambit of the equal protection clause of the fo urteent h
amendment to t he Constitut ion of t he Unit ed States.
(i) The burdens on and obst ruct ions t o commerce which are described above
can best be removed by invoking t he powers of Congress under the fo urteent h
amendment and the commer ce clause of t he Constitut ion of t he United States
to prohibit discrimination based on race, color, religion, or national origin in
certain public est ablishment s.
R I GHT TO NOND I SCRUJI N A'l' IO N I X PLM ' E S O l•' P URLI C ACCO MMO DATI O N
SEc. 202. (a) All persons shall be ent itled, without discrimination or segregation on account of race, color, religion, or national origin, to t he full and equal
enjoyment of the goods, services, fac ilit ies, privileges, advantages and accommodations of the following public establishments :
(1) any hotel, motel, or ot her public place engaged in furnishing lodging
to transient guests, including guests from ot her States or traveling in interstate commerce;
(2) any motion picture house, theater, sport 11rena, stadium, exhibit ion
hall, or other p ublic place of amusement or entertainmen t which customarily
p resents mot ion pictur s, perfo1:ming groups, athletic team , exhibit ions, or
other sources of entertainment which move in interstate commerce; and
(3) any retail shop, department store, mar ket, dru g store, gasolin e station, or other public place which keeps goods for sale, any restaurant , lunch
room, lunch counter , soda fo untain, or other public p lace engaged in selling
food for consumpt ion on t he premises, and an y other e tablishment where
goods, services, facilities, privileges, advantages, or accommodations are
held out t o t he public for sale, use, rent, or hire, if-
�18
CIVIL RIGHTS
(i) the goods, services , facilities, privileges, advantages, or accommoda tions offered by any such place or establishment are provided to a
substantial degree to interstate travelers,
(ii) a substantial portion of a ny goods held out to the public b y any
such place or establishment for sale, use, rent, or hire has moved in
interstate commerce,
(iii) the activities or operations of such place or est ablishment otherwise substantially affect interstate trave l or the interstate movement of
goods in commerce, or
(iv) such place or establishment is a n integral p art of an establishment included under this subsection.
For the purpose of this subsection, t he t erm " integral p art" means physically
located on the premises occupied by a n establishment, or located contiguous to
such premises an d owned , operated, or controlled, directly or indirectly, b y or for
the benefit of, or leased from the persons or business ent it ies which own, operate,
or control an establishment.
(b) The provisions of this title shall not a pply t o a bona fid e priva te club or
other establishment not open to the public, except to the extent that the facilities
of such establishm ent are made available to the cus tomers or pa t rons of an
establishm en t within the scope of subsection (a).
PROHIBITION AGAINST DE NI AL OF OR IN TERFERE NCE WIT H THE RIGH T TO NON D ISC RIMIN ATION
SEc . 203. No p erson, whet her acting under color of law or otherwise, shall
(a) wit hhold, d eny, or attempt to wit hholrl or deny, or d eprive or attempt to deprive, any person of a ny righ t or privilege secured by section 202, or (b) interfere
or attemp t to interfere wi t h any right, or privilege secured by section 202, or
(c) intimidate, t hreaten, or coerc e any p erson wi t h a purpose of interfering with
any ri ght or privilege secured by section 202, or (cl) punish or attempt to punish
any p erson fo r exercising or attempting to exercise any right or privilege secured
by section 202, or (e) incite or aid or abet any p erson t o do any of the foregoing.
CI VIL ACTION FO R PREVENTIVE R ELIEF
SEc. 204. (a) Whenever a ny p erson h as engaged or th ere are reasonable grounds
to believe that any p erson is a bout to engage in a ny act or practice prohibited by
section 203, a civil action for preYent iYe relief, including a n application for a p ermanent or t empora ry injunct ion, restra ining ord er, or oth er order, may b e instituted (1) b y the p erson aggri eved , or (2) by th e Attorney General for or in the
name of th e United Sta.tes if he cer t ifies th a t he has received a written compla int
from the p erson aggrieved a nd that in his judgment (i) th e p erson agg rieved is
un ab le to initiate a nd maintain appropria te legal pro ceedin gs a nd (ii) t h e purposes
of this title will be materially fur t hered by t he filin g of a n action .
(b) In an y a ct ion commenced p ursua nt to t his t itle by the p erson aggrieved ,
he sh all if he prevai ls be a llowed a reason ab le a ttorn ey's fee as part of t he costs.
(c) A p erson shall be deemed una ble to ini t iate a nd mainta in appropriate legal
pro ceedings within t he mea nin g of subsection (a) of this sect ion wh en such p erso n
is unable, eith er d irectly or through ot her interes ted p ersons or orga ni zations, to
bear the expense of the li t igation or to obta in effect ive legal representation; or
wh en there is reason to bP!ieve tha t th e institution of such li t iga tion by him would
jeopardize the emp loy ment or eco nomi c sta ndin g of, or mig ht result in in jury or
economic da mage to, su ch p erson , h is fa mily , or his property .
(cl ) In case of a ny compla in t rece ive d by t he Attorney General allegin g a vio la t ion of section 203 in an y jurisdi ction where Stat e or loca l laws or regulations
a p pear t o him to forbid t he act or pra ct ice in vo lved, the Attorney Genera l sha ll
sha ll no t ify the appropriat e State a nd loca l officia ls a nd, upon re quest, a fford them
a rea sonable time to act un der such Stat e or local la ws o.r regulat ions before he
inst it u tes a n a ction. In the case of an y ot her compla int a lleging a violat io n of
sect ion 203, the Attorney Ge nera l sha ll, before instit u t in g a n ac t ion , refer t he
ma t te r t o t he Community R ela t ions Ser vice established by t itle IV of t his Act,
which sha ll endeavor to secm c complia nce by volu ntary procedures. N o actio n
sha ll be institu te d by the At t orney Genera l le s than thj rty da ys a fter such referra l unless t he Comm u ni ty R ela ti ons Ser v ice notifies him that its e ffor ts ha ve
been un successful. Co mplia nce wit h t he for egoing provisions of t his subsection
shall not be re quired if the Attorney Genera l sha ll file with t he court a cert ificate
that the dela y conse quent upon complia nce wit h such provisions in t he pa rticular
case wou ld adversely a ffect t he interests of t he Unite d States, or t ha t , in the particular case , complian ce wit h such provisio ns wo uld be fruitless.
�CIVIL RIGHTS
19
J lJRI SDI CTI ON
SEC. 205. (a) The district courts of the United States shall have 'jurisdiction
·o f proceedings instituted pursuant to t his 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.
.
(b) This title shall not preclude any individual or any State or local agency
from pursuing any remedy that may be availabJe·under any Federal or State Jaw,
including any State statute or ordinance requiring nondiscrimination in public
establishments or accommodations.
TITLE III- DESEGREGATION OF PUBLIC EDUCATION
DEFINITIONS
SEc. 301. As used in this title(a) "Commissioner" means the Commissioner of Education.
(b) "Desegregation" mea,ns the assignment of students to public schools and
within such schools witho_u t regard to their race, color, religion, or national origin.
(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, 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 administ er 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.
A SSI STAN CE 'l'O FACILITATE DES EGREGA'l'ION
SEc. 302. The Commissioner shall conduct investigations and make a report
to the President and the Congress, within two years of the enactment of this title,
upon the extent to which equal educational opportunities are denied to 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 .
SEC. 303. (a) The Commissioner is authorized, upon the application of any
school board, State, municipality, school district, or other governmental unit , to
render technical assistance in the preparation, adoption, and implementation of
plans for the desegregation of public schools or other plans designed to deal with
problems arising from racial imbalance in public school systems. 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 or racial imbalance, and making available
to such agencies personnel of the Office of Education or other persons specially
equipped to advise and assist them in coping wit h such problems.
(b) The Commissioner is authorized to arrange, through grants or contracts,
with inst it utions of higher education for the operation of short-term or regular
session institutes for special training designed to improve the ability of t eachers,
supervisors, counselors, and other elementar y or secondary school personnel to
deal effectively with special educational problems occasioned by desegregation
or measures to adjust racial imbalance in public chool syst ems. Individuals
·who attend such an institute may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations,
including allowances for dep endents and including allo~rnn ces for travel to att end
such inst itute.
SEC. 304. (a) A school board which has failed to achieve desegregation in all
public schools within its jurisdiction, or a scho.ol board which is confronted wit h
problems arising from racial imbalance in the public schools within its jurisdiction!
may apply to the Commissioner, either directly or t hrough another governmenta
unit, for a grant or loan, as hereinafter provided, for the purpose of aiding such
school board in carrying out desegregation or in dealing with problems of racial
imbalance.
�20
CIVIL RIGH'l'S
(b) The Commissioner may ma ke a grant und er this section, upon application
therefor, for(1) the cost of giving to t eachers and other school personnel inservice
training in dealing with problems incide nt t o desegregation or racial imbalance in public schools ; and
(2) the cost of employing specialists in prolJ!Pms incident to desegregat.ion
or racial imbalance and of providing other ass is tance to develop understanding
of these problems by parents, schoolchildren, a nd the general public.
(c) Each application made for a gran t und er t his section shall provide s uch
detailed infor mation and be in such forrn as the Commissioner may req uire. Each
grant under this section shall be made in such a moun ts a nd on such terms and
conditions as t he Commissioner shall prescribe, which may include a condition
that the applica nt expend certain of it.s own funds in specified amounts for the
purpose for which t he grant is made. In determining whether to make a gra1tt,
and in fixing the amount th ereof and the t erms and conditions on which it will
be made, the Commissioner shall take int o considerat ion th e amount available
for gran ts under this section and the other applications wh ich are pending before
him ; the financial condition of the applicant and t he ot her resources available to
it ; the nature, extent, and gravity of its problems incident to desegregation or
racial imbalance, a nd such other factors as he find s relevant.
(d) The Commissioner may ma ke a loan under this section, upon application,
to any school board or to any local government wit hin the jurisdiction of which
any school board operates if the Commissioner find s that(1) part or all of the funds whi ch wou ld otherwise be available to any
s uch school board, either directly or through t he local government within
whose jurisdiction it operates, have been withheld or withdrawn by State
or local governmental act ion because of the act ual or prospect ive desegregat ion, in whole or in part, of one or more schools under the jurisdiction of suc h
school board;
(2) such school boa rd has authority to receive and e xpend, or such local
government has authority to receive and make availa ble for the use of such
board, the proceeds of such loan; and
(3) the proceeds of such loan 'ldll be used for t he same purposes for which
the fund s withheld or withdrawn would otherwise have bee n used.
.
(e) Each application made for a loan under th is section sha ll provide such
detai led information and be in such form as t he Commissioner may require. Any
loan under this section shall be made upon such t erms a nd conditions as the
Commissioner shall prescribe.
(f) The Commissioner may suspend or terminate assistance under this sect.ion
to any school board which, in his judgment, is failin g to comply in good faith with
the t erms a nd conditions upon which the assist a nce was extended.
SEc. 305. P a yments pursua nt to a grant or contract under this t itle may bo
made (after necessary adjustments on account of previously made overpayments
or underpa yments) in adva nce or by way of reimbursement, and in such installme nts, and on such conditions, as the Commissioner ma y determine.
SEc. 306. The Commission er shall prescribe rules and reg ul ations to carry out
the pro visions of sec tions 301 throu gh 305 of this title.
SU ITS BY THE ~ TTOR~E Y GE~E RAL
SEC . 307. (a) Whenever t he Attorney G eneral receives a co mplaint(! ) 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 s ituat ed, are being
deprived of the equal prot ection of th e laws by reason of th e fa ilure of a
school board to achieve desegregation, or
(2) signed by an individual, or his p arent , to th e effect th at he has been
deni ed adm ission to or not p ermitted t o co ntinue in attendance at a public
college by reason of r ace, color, religion or nation al origin,
and the Atto rney Ge neral certifi es that ill his judgment the s igner or signers of
such complaint are una ble to initiate and m aintain appropriate legal proceedings
ma t eri ally fur t her the orderly
for relief a nd that the institu t ion of an action
progress of desegrega tion in public education, th e Attorney General is authorized
to institute for or in the na me of the United States a civil action in a district
court of the United State against s uch parties and for s uch relief as m ay be
appropri at e, a nd s uch court s hall have a nd shall exercise jurisdiction of proceedings
instituted purs uant to this section. The Attorney General may implead as
defendants s uch additional parties as are or become necessary to the grant of
effective relief hereunder .
,,·ill
�CIVIL RIGHTS
·21
(b)" A perso1i or persons shall be deemed unable to initiate and maintain appropriate legal proceedings \Yithin the meaning of subsection (a) of this· section
when such p erson or persons are unable, eit her directly or through other interested
p ersons or organizations, to bear t he expense of the litigation or to·obt'ain effective
legal representation; or when there is reason to believe t hat t he institution of such
litigat ion would jeopardize t he employmen t or economic standing of, or might
result in injury or economic damage to, such person or persons, their families, or
t hei1· property.
·
(c) Whenever nn action has been commenced in any Court of t he United States
seeking relief from t he denial of equal protection of t he laws by reason of the failure
of a school board to achieve desegregation, or of a public college t o admit or permit
t he continued att endance of an individual, the Attorney General for or in t he name
of the United States may intervene in such action if he certifies that, in his judg. ment, the plaintiffs are unable to maintain t he act ion for any of the reasons set
f,;irth in subsection (b) of this section, and t hat such intervention will materially
Jmther the orderly progress of desegregat ion in public education. In such an
action the United States shall be ent itled to t he same relief as if it had instituted
the action under subsection (a) of this section.
(cl) The term "parent" as used in t his section includes other legal representat ives.
SEC. 308. Nothing in this title shall be construed to deny, impair, or ot herwise
affect any right or authority of the Attorney General or of the United States under
existing law to institute or intervene in any action or proceeding.
S_EC. 309. In any action or proceeding under this t itle t he United States shall be
liable for costs the same as a private person.
· SEc. 310. Nothing in this t itle shall affect adversely the right of any person to
sue for or obtain relief in any court against discrimination in public education .
TITLE I V-ESTABLISH ME T OF COlVIMUNITY RELATIONS SERVICE
SEc. 401. There is hereby established a Community R elations Service (hereinafter referred to as t he "Service") , which shall be headed by a Director who
shall be appointed by the President. The Dil'ector shall receive compensation
at a r ate of $20,000 per year. The Director is authori zed to appoint such addi.tional officers and employees as he deems necessary to carry out the purposes of
this title.
·
SEc. 402. It shall be the function of the Service to provide assistance to communit ies and persons t herein in resolving disputes, disagreements, or difficulties
r elating to discriminatory practices based on race, color, or national origin which
impair t he rights of persons in such communities under the Constitution or laws
of the United States or which affect or may affect interstate commerce. The
Servi ce 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 t hereby, and it may offer its services either
upon its own motion or upon the request of an appropriate local official or other
interest ed person.
SEc. 403. (a) The Ser vice shall whenever pas ible in performing its functions
under this t itle seek and u tilize t he cQoperation of t he appropriate State or local
agencies and may seek and ut,ilize t he cooperation of any nonpublic agency which
it believes may be helpful.
(b) The activities of all officers and employees of t he Ser vice in providing assistance under t his t itle shall be conducted in confidence and without pu blicity,
and the Service shall hold confident ial any information acquired in t he regular
p erformance of its du ties upon t he understanding t hat it would be so held. No
officer or employee of the Service shall engage in t he performance of investigative
or prosecuting functions for any department or agency in any litiµation arising
out of a dispute in which he acted on behalf of the Service.
SEC. 404. Subject to the provisions of. section 403(b), the Director shall, on
or before January 31 of each year, submit to the Congress a report of t he activities
of the Service d uring the preceding fiscal year. Such report shall also contain
information ~1·ith respect to the internal administration of the Ser vice and may
contain recommendations for legislat ion necessary for improvements in such
·internal administration .
�22
CIVIL RIGHTS
TITLE V-COMMISSION ON CI VIL RIGHTS
SEc. 501. Section 102 of the Civil Right s Act of 1957 (42 U.S.C. 197511; 71
Stat. 634) is amended to read as follows :
"RU LES OF PRO CED U RE OF THE COMMI SSIO N, HEARINGS
"SEC. 102. (a) 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 mad e available to the witness
before the Commission.
" (c) Witnesses a t th e hearings may be acco mp ani ed by their own counsel for
th e purlJ,ose of ad vising them concerning th eir constitutional rights.
"(d) The Chairman or Acting Cha irma n may punish breaches of order a nd
decorum a nd unprofessional ethi cs on the part of counsel, by censure a nd exclusion
from th e hearings.
"(e) If the Commission det ermines that evidence or t estimony a t a ny hearing
may t end to defam e, degrade, or incriminate any p erson, it shall receive such
evidence or t estimony or summary of such evidence or t estimony in executive
session . In the event the Commission determines that such evidence or t estimony
shall be given a t a public session, it sha ll afford such p erso n an opportunity volun t a rily to appear as a witness a nd receive a nd dispose of requ ests from such p erson
to subpena additional witnesses.
"(f) Except as provided in sections 102 a nd 105(f) of this Act, the Cha irma n
shall receive and th e Commission shall dispose of requests to subp ena addition a l
witnesses.
" (g) N o evidence or tes timony or sum mary of eYiclence or t est imony t a ken in
executive session may be releas ed or used in public sessions wi thout t he consent
of the Commission . Whoever releases or uses in public wit hout the conse nt of
the Commission such evidence or testimony taken in exec utive session shall be
fin ed not more than $1,000 or imprisoned for not more tha n one year.
" (h) In the discretion of t he Commission, witnesses may submit brief a nd pertinent sworn statements in writ ing for inclusion in the record . The Commission
is the sole judge of the p ertinency of testimony a nd evidence aclducecl at its
hearings.
" (i) Upon p ayment of t he cost th ereof, a 11·it ness may ob t ain a t ransc rip t cop y
of his test imony given at a public session or, if give n at a n exec ut ive session, when
a ut horized by t he Commission.
" (j) A wi tness attending any session of the Commission shall receive $6 for
each clay 's at tend ance and for t he time necessarily occupied in going t o a nd
ret urning from t he same, and 10 cents per mile for going from a nd returning to
his place of residence. Witnesses who attend a t points so far removed from their
respective residences as t o prohibit return t hereto fro m day t o day shall be enti tled t o a n addit ional allowance of $10 per clay for expenses of subsistence, including th e t ime necessarily occupied in going t o and ret urnin g from the pl ace of
attend ance. Mileage pay ments shall be t endered t o t he wit ness upon se rvice of
a subp ena iss ued on beha lf of t he Commission or a ny sub committ ee t hereof.
" (k) The Commission shall not ·issue any subpena for the attendan ce and
t estimony of wit nesses or for the production of written or other matter whi ch
would require t he presence of the party subp enaed a t a hearing to be held outside
of t he Stat e wherein th e wit ness is found or resides or is domi ciled or transacts
business, or has appoin t ed an agent for receipt of ser vice of process except th at,
in any event , t he Commission may issue subpenas for th e attend ance a nd t est imony of wit nesses a nd th e prod ucti on of written or other matter at a heari ng held
wit hi n fif t y miles of t he p lac e where t he witn ess is fo un d or resides or is domicilied
or t ransacts business or has ap poin t ed an a gent for r eceipt of service of process."
SEc. 502. Section 103(a) of th e Civil Ri ghts Act of 1957 (42 U.S.C. 1975b (a) ;
71 Stat. 634) is amended to read as fo llows :
"SEc. 103. (a) Eac h mem ber of t he Commission who is not otherwise in the
service of the Go vernm ent of t he United States shall receive th e smn of $75 p er
clay for each day spent in th e work of th e Com mission, shall be paid actu al t ravel
exp enses, and per di em in lieu of subsist ence expenses when away from his usual
place of residence, in accordance with secti on 5 of the Admi nistrati ve E xp enses
Act of 1946, as a mended (5 U.S.C. 73b-2 ; 60 Stat. 808)."
SEc. 503. Section 103(b) of the Civil Rights Ac t of 1957 (42 U.S.C. 1975 (b);
71 St at . 634) is a mended t o read as follows :
�CIVIL RIGHTS
23
"(b) Each member of the Commission who is ot herwise in the service of the
Government of t he 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 di em in lieu of subsistenc e
expenses when away from his usual place of residence, in accordance with the
provisions of the Travel Expense Act of 1949,· as· amended (5 U.S.C. 835-42;
63 Stat. 166) ."
.
. SEc. 504. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975c ; 71
Stat. 635) , a,s amend ed, is fur ther amended to read as follows:
11
D UTIE S O~' THE CO~!MISSION
" Sec. 104. (a) The Commission shall" (1) investiga te allegations in writing under oath or affirmation that
certain citizens of the United States are being deprived of their right to vote
and have t hat vote counted by reason of their color, race, religion, or national
origin; which writing, under oa t h or aflirmation, shall set forth the facts upon
which such belief or beliefs a re based;
"(2) study and collect information concerning legal developments co nstituting a denial of equal protection of the laws under t he Constitution ;
"(3) appraise t he laws and policies of the Federal Government with respect
to equal protection of the laws under the Constitut ion; a nd
"(4) serve as a national cleari nghouse for information, and provide advice
and technical assist ance to Government agencies, communities, industries,
organizations, or individuals in respect t o equal protection of the laws,
including but not limited to t he fi elds of voting, education, housing, employment, the use of public facilities, transportatio n, a nd the administration
of justice.
The Commission may, for s uch periods as it deems necessary, concentrate t he
performance of its duti es on those specified in either paragraph (1), (2), (3), or
(4) and may further ..concentrate the performan ce of its duti es under any of such
paragraphs on one or more aspects of the duti es imposed therein.
" (b) The Commission shall submit interim repor t.5 to .the President and to
the Congress at such times as either the Commission or the President shall deem
desirable, and shall submi t to the President and to t he Congress a fin al and
comprehensive report of its activities, findings, an d recommendations not later
th an September 30, 1967.
"(c) Sixty days after the s ubmission of its final report an d recommendations
the Commission shall cease to e:,..ist."
SEc. 505. (a) Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975(d) ;
71 Stat. 636) is amended b y strikin g out in the last sentence thereof " $50 per
di em" and inserting in lieu thereof " $75 per di em."
SEc. 506. Section 105(g) of t he Civil Rights Act of 1957 (42 U.S.C. 1975d(g);
71 Stat. 636) is amended to read as follows:
"(g) In case of contumacy or refusal to obey a subpena, any district court of
the Unit ed States or the United Stat es court of a ny t erritory or possession, or the
District Court of the United States for th e Dist ri ct of Columbia, within the jurisdiction of which th e 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 domi ciled
or transacts business, or has appointed an agent for receipt of servi ce of process,
upon application by the Attorney General of the United States shall h ave jurisdiction to iss ue to s uch person an order requiring such p erson to appear befo re th e
Commission or a subcommittee thereof, there to produce evidence if so ordered,
or there to give t estimony 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 add ing a new subsection at the end
t o read as follows:
"(i) The Commission shall have the power to make such rul es and regulat(ons
as it deems necessary to carry out the purposes of this Act."
�24
TITLE
CIVIL RIGHTS
VI-NONDISCRIMINATIOK I K
PROGRAMS ·
FE,DERA~LY
ASSISTED
SEc. 601. Notwithstanding any provision to th e contrary in any law of the
United States providing or authorizing direct or indirect financi al assistauce for
or in connection with any program or activity by way of grant, contract, loan,
insurance, guaranty, or otherwise, no such law shall be interpreted as requiring
that such financial assistance shall be furnished in circumstances under which
individuals participating in or benefiting from the program or activity are discriminated against on the ground of race, color, religion, or national origin or are
denied participation or benefits therein on the ground of race, color, religion, or
national origin . All contracts made in connection with any such program or
activity shall contain such conditions as the President may prescribe for the
purpose of assuring that there shall be no discrimination in employment by any
contractor or subcontractor on the ground of race, color, religion, or na tional
origi11 .
TTTLE VII- COMMISSION ON EQUAL EMPLOYivIENT ·oPPORTUNITY
Si,;c. 701. The President is authorized to establish a Commission to be known
as t he " Commission on Equal Employment Opportunity," hereinafter referr ed
to as the Commission . It shall be the function of the Commission to preven t
discrimination agai\}St employees or applicants for employment because .of rac e ,
color, religion, or national origin by Government contractors and subcontractors ,
and by contractors and subcontractors participating in programs or activities in
which direct or indirect financial assistance by the United States Government is
provided by way of grant, contract, loan, insurance, guaranty, or otherwise. The
Commission shall have such powers to effectuate t he purposes qf this title as
may be conferred upon it by the President. The President may also confer upon
t h e Commission such powers as he deems appropriate to· prevent discrimination
on t he ground of race, color, religion, or nat ional origin in government employment.
SEc. 702. The Commission shall consis t of the Vice President, who shall serve
as Chairman, tlie Secretary of Labor, who shall serve as Vice Chairman, and not
more than fifteen other members appointed by and serving at the pleasure o(
the President. Members of the Commission, whi le attending meetings or conferences of the Commission or otherwise serving at the request of the Commission,
shall be entitled to receive compensation a t a rate to be· fixed by it but not
exceeding $75 per diem, including tra vel time, and whi le away from their homes
or regular places of business they may be allowed travel expenses, including per
diem in lieu of subsistence, as au t hori zed by section 73b-2 of title 5 of the United
States Code for persons in the Government service employed intermittently . .
SEC. 703 . (a) There shall be an Executive Vice Chairman of the Commission
who sha ll be appointed by t.11e Pres ident and who shall be ex officio a member of
the Commi s ion . The E xecut ive Vi ce Chairman shall assist the Chairm an, the
Vice Chairm an, and tho members of t ho Commission and shall be respons ible for
carrying out the orders a nd recommend ations of the Commission and for performin g s uch other fun ctions as t he Commission may dir ect.
(b) Section 106(a) of th e Federal Executive Pay Act of 1956, as amended (5
U.S .C. 2205(a)), is fur ther a mende·d by adding t he following clause thereto:
"(52) E xecuti ve Vice Chairm an, Commission on Equal Employment
Opportunity ."
(c) The Commission is au thori zed to a ppoin t, subj ect to the civil service laws
and regulations, such ot her personnel as may be necessary to enable it to carry
out it,s function s and duties, and to fi x th eir compensation in accordance with the
Classification Ac t of 1949, and is a ut hori zed to procure services as authorized by
section 14 of t he Act of Au gust 2, 1946 (60 Stat. 810 ; 5 U.S.C. 55a), but at r ates
for indi vidual · no t in excess of $50 a day.
TITLE VIII- MISCELLA TEOUS
SEC . 801. There arc hereby au t horized t o be appropriated such sums as are
necessary to carr y ou t t ho provisions of this Act .
SEc . 802. If any pro vi ion of this Act or the application thereof to any person
or circumstance is held invalid, the r ema inder of the Act and the application of
the provis ion to other persons or circumstances s hall not be affected thereby.
0
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