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testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a hearing to be held outside of the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpenas for the attendance and testimony of witnesses and the production of written or other matter at a hearing held within fifty miles of the place where the witness is found or resides or is domiciled or transacts business or has appointed an agent for receipt of service of process.”
SEC. 502. Section 103 (a) of the Civil Rights Act of 1957 (42 U.S.C. 1975b (a); 71 Stat. 634) is amended to read as follows:
“Sec. 103. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $75 per day for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2; 60 Stat. 808)."
SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975 (b); 71 Stat. 634) is amended to read as follows:
“(b) member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949, as amended (5 U.S.C. 835– 842; 63 Stat. 166).".
SEC. 504. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975c; 71 Stat. 635), as amended, is further amended to read as follows:
"DUTIES OF THE COMMISSION
"SEC. 104. (a) The Commission shall
“(1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirmation, shall set forth the facts upon which such belief or beliefs are based ;
“(2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution;
“(3) appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution; and
“(4) serve as a national clearinghouse for information, and provide advice and technical assistance to Government agencies, communities, industries, organizations, or individuals in respect to equal protection of the laws, including but not limited to the fields of voting, education, housing, employment, the use of public facilities, transportation, and the administra
tion of justice. The Commission may, for such periods as it deems necessary, concentrate the performance of its duties on those specified in either paragraph (1), (2), (3), or (4) and may further concentrate the performance of its duties under any of such paragraphs on one or more aspects of the duties imposed therein.
“(b) The Commission shall submit interim reports to the President and to the Congress at such times as either the Commission or the President shall deem desirable, and shall submit to the President and to the Congress a final and comprehensive report of its activities, findings, and recommendations not later than September 30, 1967.
"(c) Sixty days after the submission of its final report and recommendations the Commission shall cease to exist."
SEC. 505. (a) Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975(d); 71 Stat. 636) is amended by striking out in the last sentence thereof "$50 per diem” and inserting in lieu thereof “$75 per diem”.
SEC. 506. Section 105(g) of the 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 United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said courts as a contempt thereof."
SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d; 71 Stat. 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C. 1975d (h); 74 Stat. 89), is further amended by adding a new subsection at the end to read as follows:
“(i) The Commission shall have the power to make such rules and regulations as it deems necessary to carry out the purposes of this Act.”
TITLE VI–NONDISCRIMINATION IN FEDERALLY
Sec. 601. Nothwithstanding any provision to the contrary in any law of the United States providing or authorizing direct or indirect financial assistance 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 national origin.
TITLE VII–MISCELLANEOUS Sec. 701. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.
SEC. 702. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of the provision to other persons or circumstances shall not be affected thereby.
The CHAIRMAN. Before hearing from the Attorney General, as is customary procedure in this committee, I would like to ask if any of the members have a statement that they would like to make at this time.
Senator Ervin ?
Senator Long. Mr. Chairman, I have a statement. I do not desire to make it. I would like permission to put it into the record.
The CHAIRMAN. It will be placed in the record. (The statement referred to follows:)
STATEMENT OF SENATOR EDWARD V. LONG
Mr. Chairman, it is a rare privilege to be a member of this committee at this time for we meet here this morning to begin an essential phase of the work which is necessary to strengthen our free society. As we start this endeavor, there are a few observations which I would like to make.
A number of people have objected to all civil rights legislative proposals and even to congressional consideration of such measures on the grounds that Congress "cannot legislate morality.” No one can successfully deny the truth of the axiom. However, the Congress does not lack the ability to require by law what is demanded by morality. Our statute books both Federal and State are replete with examples. Most of our criminal laws are fundamentally moral. The minimum wage law, the child labor law, and many others are founded in morality. The civil rights legislation before us today seeks to do no more. In fact, it does not even seek to create any right that does not already exist. It merely seeks ways and means to help make the guarantees of our Constitution, the law of the land, a reality for all Americans.
Discriminatory practices contrary to our Constitution have created a grave danger to our Nation. The time has come when action must be taken and quickly to ease the crisis in race relations.
A portion of our citizenry is being, and has been for the past century, deprived of equal access to and participation in the American experience. This has occurred despite the command to the contrary contained in the U.S. Constitution. That these same people are now demonstrating in the streets and lanes of this country is an understandable result of having learned well, and, yet, not having shared in the tenets of the American democratic system. These expressions of protest are reminiscent of the demonstrations that took place in Boston in the early 1770's.
There comes to mind quickly the Boston Massacre and the Boston Tea Party. The basic reasons for the demonstrations then and now are the same. However, today, the path from demonstration to freedom, a goal which will be reached, must be different. All Americans are appropriately appalled by the violence and bloodshed which have accompanied the Negro demonstrations and which threaten to grow worse. None of us will ever forget the brutal cowardly ling of Mr. Medgar Evers, the terrifying shameful shooting of six white men in Cambridge, or the tyrannical senseless use of police dogs and nightsticks in Birmingham. Yet far too few have expended the energy necessary to formulate alternative solutions designed to aid in the alleviation of this critical problem. Fortunately in Missouri, men of good will have been working for alternative solutions but even there action by the Federal Government would be of the utmost assistance and welcomed by all but a few who do not understand the full meaning of the Declaration of Independence when it said, “We hold these truths to be self-evident: that all men are created equal; that they are endowed, by their Creator, with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.”
President Kennedy, assuming the mantle of leadership which is a concomitance of his responsibility as Chief Executive, has sent to us in Congress a program, whose aim is not to provide a tailormade solution but to provide steps toward the resolution of the crisis in American race relations. The specific problems with which this program is designed to cope are not new ; rather they are old and almost too familiar. The Supreme Court of the United States, in the last decade, has assumed the ascendant role in the civil rights arena. During the past few years, the executive branch, too, has been a bulwark of assistance. Just a few short weeks ago, President Kennedy reclaimed for the Office of the President moral leadership in achieving true freedom for all Americans. The Congress, now, has the opportunity through the enactment of needed legislation to enter into the thick of the fight for freedom and equality for all Americans.
The committee has before it the seven-point program outlined by President Kennedy on June 19, 1963. The first title of the bill, S. 1731, would provide the additional provisions of law necessary to enforce the constitutional right to vote. Twice before in recent years, Congress has enacted legislation for this purpose but both acts have proved inadequate to achieve this goal.
Title II of the bill prohibits discrimination in public accommodations engaging substantially in interstate commerce. This part of the bill has generated by far the most controversy probably because it affects more people directly. However, it is in this area of life that the Negro is reminded daily that he cannot share equally in our democratic society. His dignity as a man is denied because of the color of his skin. The U.S. Constitution specifically grants to Congress the power to regulate interstate commerce. It is this power that title II utilizes to prohibit discrimination by businesses conducted to accommodate interstate travelers or businesses that handle goods that have moved in interstate commerce.
Title III of the bill is directed toward public school desegregation. It would provide financial and technical assistance to school districts that need help to desegregate. It also would give the Attorney General authority to bring civil suits to end segregation. The process of school desegregation in a number of States has moved as slowly as the proverbial snail. This proposal, hopefully, would speed up the process and make the equal protection clause a functional reality for all of our Nation's youth.
The bill also calls for a much needed Community Relations Service. If established, this Service will provide assistance to communities and private indi. viduals in settling disputes, disagreements, and difficulties arising from local discriminatory practices and desegregation efforts.
Next the bill would extend the life of the Civil Rights Commission 4 years and expand its authority to allow it to serve as a national civil rights clearing. house. The Commission during the past 6 years through its investigations, studies and reports has added immeasurably to our knowledge of the extent of discrimination, the effects of discrimination and possible solutions for the elimination of discrimination and the strengthening of our Nation's freedom.
If this bill is enacted, local communities would be able to turn to the Civil Rights Commission, as well as the Community Relations Service, for information and assistance in resolving racial problems and in making equality a reality. As we all know, the Constitutional Rights Subcommittee by a vote of 5 to i has favorably reported S. 1117 to the full committee. S. 1117 is identical to title V of S. 1731. Hearings had been completed on S. 1117 prior to the introduction of S. 1731 and the subcommittee decided it should approve this measure even though it is a part of the comprehensive bill. This action indicates quite clearly that a majority of this committee's subcommittee assigned jurisdiction in the civil rights area believes additional legislation is necessary.
This brings me to the last two points in the bill. Title VI would authorize the executive department to withhold Federal funds in any program or activity if the participants or beneficiaries are discriminated against on the grounds of race, color, religion, or national origin or if individuals are denied participation or benefits therein on the grounds of race, color, religion or national origin, Further, the President would be authorized to prescribe conditions for inclusion in all contracts made in connection with such programs and activities to
there would be discrimination in employment by contractors or subcontractors. This part of the bill would insure that except in extraordinary circumstances, Federal funds collected from all taxpayers would not be used in a way that discriminates against some taxpayers because of the color of their skin or the religious beliefs which they hold. The Federal Government must stop being a party to actions contrary to the tenets of American democracy.
The final portion of the bill would provide legislative authority for the President's Commission on Equal Employment Opportunities. This Commission under the able leadership of Vice President Johnson has done an outstanding job during the past few years. However, there is much more to be done.
In the field of equal employment opportunities, there are two problems which must be solved. The first is to eliminate discrimination in hiring and firing. Qualifications for the job must be the criteria not the color of the person's skin. The second problem relates to training and education. Because the Negro has been excluded from the mainstream of American life, many lack the experience so essential to good jobs. Ways and means must be found to fill this void. The Negro must be allowed to participate without discrimination in apprenticeship programs and vocational training. He must have an opportunity to learn a skill or trade. As long as the Negro is excluded from education and training, he cannot enjoy equal employment opportunities. The enactment of this provision will help solve these two problems.
This bill is designed to help make freedom a reality for all Americans in the areas of voting, education, public accommodations, and employment. However, even if enacted in toto, it will not provide the coveted panacea. Conscientious and responsible work and actions by all Americans will still be required. As discrimination ends, the Negro will have to apply himself to his newly won freedom. The Congress by legislation can only help to bring to all Americans the rights and opportunities of full citizenship. It is then up to each citizen to determine what he makes of his rights and opportunities. Individual initiative, determination, and hard work will continue to be the requirements for success.
In conclusion, I want to urge upon the committee the need for immediate action. For a century, we have allowed discrimination to flourish. The time for congressional action is now.
While the President's program does not provide the final solution, it will go a long way toward assuaging the troubled circumstances in which the participants in the American experiment find themselves today. I hope the whole program will be enacted quickly into law.
The CHAIRMAN. Senator Hart!
Senator DIRKSEN. Mr. Chairman, I have a long statement, but I doubt very much whether I will make it to the committee. I would rather withhold it until some other appropriate time.
The CHAIRMAN. All right.
Senator JOHNSTON. Mr. Chairman, I have a very extended explanation of the bill, and I will give it at the proper time. I don't think now is the proper time to give it.
The CHAIRMAN. We will be glad to hear from you, Senator Johnston.
Senator DIRKSEN. Mr. Chairman, may I ask Senator Ervin how long his statement is ?
Senator Ervin. I will have to talk very rapidly to finish it in an hour.
Senator DIRKSEN. I wonder, if the suggestion is in order, whether our distinguished friend will sit down front where we can see him better.
Senator ERVIN. Yes.
Senator KEFAUVER. Mr. Chairman, the Attorney General has been scheduled. Can't we hear him first?
The CHAIRMAN. A member of the committee has the first opportunity to testify. That is the procedure. And I have advised the Attorney General that several members wanted to testify. He has gone.
Senator HART. Mr. Chairman, I am glad to reserve the statement which I had intended to make. It will come as no surprise. I wanted simply to indicate my full support for the recommendation of the administration, and suggest this should have very highest priority, indicating that we came closer to disaster in Birmingham than we have in Cuba, in my judgment, and the first order of business from this committee and Congress should be to enact the recommendation for appropriate amendments.
I fear that we will lose time that we should better spend listening to outside witnesses, than if I presented in full my statement. So I withdraw.
The CHAIRMAN. Senator Ervin is recognized.
I wonder if you would indulge me about 5 minutes to set up a little chronology, because I think it is of interest as to what happened in the generation of this program,
and how it got here, in the form of three different bills, one in the Commerce Committee and two before the Judiciary Committee.
Senator ERVIN. Yes, I would be glad to do so.
Well, Mr. Chairman, on June 5, 1963, Senator Hickenlooper and I, together with Congressmen Halleck and Arends of the House, conferred with the President at the President's request for a general discussion of civil rights legislation. At that time no commitments were made, and no commitments were given.