necessary to carry out une provisions of une act.

Section 1003 is a general separability clause, providing that the invalidity of any portion of the act shall not affect the validity of the remainder of the act and that the invalidity of its application to any person or circumstances shall not affect its applicability to other persons or circumstances.

CHANGES IN EXISTING LAW

In compliance with clause 3 of rule XIII of the House of Representatives, there is printed below in roman existing law in which no change is proposed by the bill as reported. Matter proposed to be stricken by the bill as reported is enclosed in black brackets. New language proposed by the bill as reported is printed in italic.

SECTION 2004 OF THE REVISED STATUTES (42 U.S.C. 1971), AS AMENDED BY SECTION 131 OF THE CIVIL RIGHTS ACT OF 1957 (71 STAT. 637), AND AS FURTHER AMENDED BY SECTION 601 OF THE CIVIL RIGHTS ACT OF 1960 (74 STAT, 90).

Sec. 2004, Voting Rights.

(a) (1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding.

(2) No person acting under color of law shall

(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election apply any standard practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivison whe have been found by State officials to be qualified to vote;

(B) deny the right of any individual to vote in any Federal election because of an error or omission of such individual on any record o paper relating to any application, registration, payment of pol tax, or other act requisite to voting, if such error or omission is no material in determining whether such individual is qualified unde State law to vote in such election; or

(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individua wholly in writing except where an individual requests and State lav authorizes a test other than in writing, and (ii) a certified copy o the test whether written or oral and of the answers given by the individual is furnished to him within twenty-five days of the sub mission of his request made within the period of time during which

25-610-63- -3

For purposes of this subsection

(A) the term "vote" shall have the same meaning as in subsection e) of this section;

(B) the phrase "literacy test" includes any test of the ability to ead, write, understand, or interpret any matter.

***

Whenever any person has engaged or there are reasonable
ds to believe that any person is about to engage in any act or
ice which would deprive any other person of any right or privilege
ed by subsection (a) or (b) of this section, the Attorney General
institute for the United States, or in the name of the United
3, a civil action or other proper proceeding for preventing relief,
ling an application for a permanent or temporary injunction,
ining order, or other order. If in any such proceeding literacy
elevant fact there shall be a rebuttable presumption that any person
as not been adjudged an incompetent and who has completed the
grade in a public school in, or a private school accredited by, any
or territory or the District of Columbia where instruction is carried
edominantly in the English language, possesses sufficient literacy,
rehension, and intelligence to vote in any Federal election.
In any
eding hereunder the United States shall be liable for costs the
as a private person. Whenever, in a proceeding instituted under
ubsection any official of a State or subdivision thereof is alleged
ve committed any act or practice constituting a deprivation of
ight or privilege secured by subsection (a) of this section, the
practice shall also be deemed that of the State and the State
be joined as a party defendant and, if, prior to the institution
ch proceeding, such official has resigned or has been relieved of
fice and no successor has assumed such office, the proceeding
be instituted against the State.

* * *

* * *

When used in subsections (a) or (c) of this section, the words ral election" shall mean any general, special, or primary election olely or in part for the purpose of electing or selecting any candidate e office of President, Vice President, presidential elector, Member Senate, or Member of the House of Representatives.

of the cop circuit or immediate circuit jud which the

] (g) Any person cited for an alleged contempt under this Act be allowed to make his full defense by counsel learned in the law; he court before which he is cited or tried, or some judge thereof, immediately, upon his request, assign to him such counsel, not ding two, as he may desire, who shall have free access to him reasonable hours. He shall be allowed, in his defense to make roof that he can produce by lawful witnesses, and shall have the rocess of the court to compel his witnesses to appear at his trial aring, as is usually granted to compel witnesses to appear on f of the prosecution. If such person shall be found by the court financially unable to provide for such counsel, it shall be the of the court to provide such counsel.

it shall be
at the earl
tion thereo
from the fi
In the
such proce
in his abse
diately to
case. In
determine
as the case
(or in his
district or

In any proceeding instituted in any district court of the United under this section the Attorney General may file with the clerk of

It shall assign the

case to be i

P.L. 85-31 Stat. 86 271)

PART I

SEC. 101

RU SEC. 102 Chairman opening sta (b) A co the witness (c) Witn counsel for

tional right (d) The order and d by censure (e) If the any hearing Lit shall (1)

(2) afford s

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of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a reguest in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

CIVIL RIGHTS ACT OF 1957

P.L. 85-315 (71 Stat. 634 et seq.), as amended by P.L. 86-449 (74 Stat. 86 et seq.) and as further amended by P.L. 88-152 (77 Stat. 271)

PART I-ESTABLISHMENT OF THE COMMISSION ON CIVIL RIGHTS SEC. 101. **

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 of testimony at any hearing may tend to defame, degrade, or incriminate any person, [it shall (1) receive such evidence or testimony in executive session; (2) afford such person an opportunity voluntarily to appear as a

mmary of such evidence or testimony in executive session. In the the Commission determines that such evidence or testimony shall be at a public session, it shall afford such person an opportunity tarily to appear as a witness and receive and dispose of requests from person to subpoena additional witnesses.

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

No evidence or testimony or summary of evidence or testimony n in executive session may be released or used in public sessions out the consent of the Commission. Whoever releases or uses ublic without the consent of the Commission such evidence or mony taken in executive session shall be fined not more than 00, or imprisoned for not more than one year.

O In the discretion of the Commission, witnesses may submit and pertinent sworn statements in writing for inclusion in the d. The Commission is the sole judge of the pertinency of nony and evidence adduced at its hearings.

Upon payment of the cost thereof, a witness may obtain a script copy of his testimony given at a public session or, if given à executive session, when authorized by the Commission.

[A witness attending any session of the Commission shall ve $4 for each day's attendance and for the time necessarily pied in going to and returning from the same, and 8 cents per for going from and returning to his place of residence. Witnesses attend at points so far removed from their respective residences prohibit return thereto from day to day shall be entitled to an ional allowance of $12 per day for expenses of subsistence, ding the time necessarily occupied in going to and returning from lace of attendance. Mileage payments shall be tendered to the ess upon service of a subpoena issued on behalf of the Commission y subcommittee thereof.

in the ser

sum of mission, and shall for subsis of fees or per diem of residen Act of 19 (b) Ea of the Go tion in a engaged actual an allowance from his and stewa sistence ex ance with (5 U.S.C.

witness attending any session of the Commission shall receive $6
ach day's attendance and for the time necessarily occupied in going
d returning from the same, and 10 cents per mile for going from
returning to his place of residence. Witnesses who attend at points
er removed from their respective residences as to prohibit return
to from day to day shall be entitled to an additional allowance of
per day for expenses of subsistence, including the time necessarily
ied in going to and returning from the place of attendance. Mileage
ents shall be tendered to the witness upon service of a subpena
d on behalf of the Commission or any subcommittee thereof.
O The Commission shall not issue any subpena for the attend-
and testimony of witnesses or for the production of written or
- matter which would require the presence of the party sub-
ed at a hearing to be held outside of the State [,] wherein the
ess is found or resides or is domiciled or transacts business [.],
is appointed an agent for receipt of service of process except that,
y event, the Commission may issue subpenas for the attendance
estimony of witnesses and the production of written or other matter
earing held within fifty miles of the place where the witness is found
sides or is domiciled or transacts business or has appointed an
for receipt of service of process.

Cucusou VI ava anu at bay voi caponses,

and shall receive a per diem allowance of $12 in lieu of actual expenses for subsistence when away from his usual place of residence, inclusive of fees or tips to porters and stewards.] 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. 736-2; 60 Stat. 808).

(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 [reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12 in lieu of actual expenses for subsistence when away from his usual place of residence, inclusive of fees or tips to porters and stewards.] paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expenses Act of 1949, as amended (5 U.S.C. 835-42; 63 Stat. 166).

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; [and]

(3) Appraise the laws and policies of the Federal Government. with respect to equal protection of the laws under the Constitution [.];

(4) Serve as a national clearing house for information 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; and

(5) Investigate allegations, made in writing and under oath or affirmation, that citizens of the United States are unlawfully being accorded or denied the right to vote, or to have their votes properly counted, in any election of presidential electors, Members of the United States Senate, or the House of Representatives, as a result of any patterns or practice of fraud or discrimination in the conduct of such election.

(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, 1964] January 31 of each year.