SEC. 403. (a) The Service shall whenever possible in performing its functions under this title seek and utilize the cooperation of the appropriate State or local agencies and may seek and utilize the cooperation of any nonpublic agency which it believes may be helpful.

(b) The activities of all officers and employees of the Service in providing assistance under this title shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions for any department or agency in any litigation 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 the activities of the Service during the preceding fiscal year. Such report shall also contain information with respect to the internal administration of the Service and may contain recommendations for legislation necessary for improvements in such internal administration.

TITLE V-COMMISSION ON CIVIL RIGHTS

SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71 Stat. 634) is amended to read as follows:

"RULES OF PROCEDURE OF THE COMMISSION, HEARINGS"

"SEC. 102. (a) The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing.

"(b) A copy of the Commission's rules shall be made available to the witness before the Commission.

"(c) Witnesses at the hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights.

"(d) The Chairman or Acting Chairman may punish breaches of order and decorum and unprofessional ethics on the part of counsel, by censure and exclusion from the hearings.

"(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence or testimony in executive session. In the event the Commission determines that such evidence or testimony shall be given at a public session, it shall afford such person an opportunity voluntarily to appear as a witness and receive and dispose of requests from such person to subpena additional witnesses.

"(f) Except as provided in sections 102 and 105 (f) of this Act, the Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses.

"(g) No evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission. Whoever releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for not more than one year.

"(h) In the discretion of the Commission, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Commission is the sole judge of the pertinency of testimony and evidence adduced at its hearings.

"(i) Upon payment of the cost thereof, a witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the Commission.

"(j) A witness attending any session of the Commission shall receive $6 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 10 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $10 per day for expenses of subsistence, including the time necessarily occupied in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a subpena issued on behalf of the Commission or any subcommittee thereof. "(k) The Commission shall not issue any subpena for the attendance and

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) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949, as amended (5 U.S.C. 835842; 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 administration 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
ASSISTED PROGRAMS

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?

Who else desires to make a statement?

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 killing 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 individuals 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 clearinghouse. 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 1 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 assure there would be no 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. dividual initiative, determination, and hard work will continue to be the requirements for success.

In

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.