level at which it should be enacted. Certainly, a broad and sweeping Federal law would nullify the present State laws and would also bring an end to the enactment of additional laws at the State level. NEED FOR THIS LEGISLATION NOT SHOWN Very real progress is being made in the field of discrimination. Religious prejudices have largely disappeared. Ethnic origin discrimination is no longer existent. Race prejudice is rapidly being stamped out. AFL-CIO President Meany admitted he could not control all locals, but clearly showed many of them had taken action to correct the situation, and more were so doing. This is most encouraging and is itself evidence of the progress in this field. Discrimination on account of age is serious. "Sorry, but company policy prevents our hiring anyone over 40" is a tragic greeting to many millions of able, well-qualified workers. The committee had practically no evidence and no hearings on either side of this age problem. Insurance companies prospering through vast increases in group pension plans might well again reexamine the actuarial bases upon which they have been limiting their contracts. Conceivably, they might well raise their minimums to 50 or even 55. But this, in my opinion, is no matter for legislation. The employer must have authority to say that on job A he prefers a person with mature judgment, whereas on job B he designates physical strength, and on job C he needs youth, who can be trained over a period of years to develop the needed qualities for efficiency. Legislation simply cannot do this. And certainly the Federal Government is not justified in entering into a field where the need or practicability has not been shown. CONCLUSION I hope that this bill with its serious defects and equally serious consequences will be rejected. However, the fact that it has been proposed and has received substantial support should act as a clear warning. Those who do not wish to see even the disappearing discrimination in employment become the excuse for the establishment of still another wide-ranging and control-minded Federal agency should be on notice. Even a dose of discrimination in employment is unnecessary and indefensible. It is a blot upon our good name, but the remedy is not legislation. This is a bad bill. It's enactment is completely unjustifiable. It should be defeated. EDGAR W. HIESTAND. APPENDIX D Public Law 88-352 88th Congress, H. R. 7152 An Act To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. Be it enacted by the Senate and House of Representatives of the 78 STAT. 241. I'nited States of America in Congress assembled, That this Act may Civil Rights Act be cited as the "Civil Rights Act of 1964". of 1964. TITLE I-VOTING RIGHTS SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), Operation and as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. enforcement. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows: (a) Insert "1" after "(a)" in subsection (a) and add at the end of subsection (a) the following new paragraphs: "(2) No person acting under color of law shall— "(A) in determining whether any individual is qualified under voting qualiState law or laws to vote in any Federal election, apply any fications. standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; "(B) deny the right of any individual to vote in any Federal Registration, election because of an error or omission on any record or paper etc. relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determin ing whether such individual is qualified under State law to vote in such election; or "(C) employ any literacy test as a qualification for voting in Literacy tests. any Federal election unless (i) such test is administered to Records. each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 74e; 74 Stat. 88): Provided, however, That the Attorney General Attorney General. "(3) For purposes of this subsection "(A) the term 'vote' shall have the same meaning as in subsec- "Vote." tion (e) of this section; "(B) the phrase 'literacy test' includes any test of the ability "Literacy test." to read, write, understand, or interpret any matter." (b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: "If in any such proceeding literacy is a relevant fact there shall be a rebuttable 78 STAT. 242. "Federal election." Suits by Attorney General. Appeals. Designation of judges. Pub. Law 88-352 - 2 July 2, 1964 presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election." (c) Add the following subsection "(f)" and designate the present subsection "(f)" as subsection "(g)": "(f) When used in subsection (a) or (c) of this section, the words "Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives." (d) Add the following subsection "(h)": "(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. Α copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief 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 any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. "It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited." July 2, 1964. - 3 Pub. Law 88-352 78 STAT. 243. TITLE II-INJUNCTIVE RELIEF AGAINST DISCRIMINA- SEC. 201. (a) All persons shall be entitled to the full and equal Equal access. (b) Each of the following establishments which serves the public Establishments is a place of public accommodation within the meaning of this title affecting inif its operations affect commerce, or if discrimination or segregation terstate comby it is supported by State action: merce. (1) any inn, hotel, motel, or other establishment which pro- Lodgings. vides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda Restaurants, etc. fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports Theaters, staarena, stadium or other place of exhibition or entertainment; and diums, etc. (4) any establishment (A) (i) which is physically located Other covered within the premises of any establishment otherwise covered by establishments. this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) The operations of an establishment affect commerce within the Operations afmeaning of this title if (1) it is one of the establishments described in fecting comparagraph (1) of subsection (b); (2) in the case of an establishment merce criteria. described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, "commerce" "Commerce." means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country. (d) Discrimination or segregation by an establishment is sup- Support by State ported by State action within the meaning of this title if such dis- action. crimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof. (e) The provisions of this title shall not apply to a private club Private establishor other establishment not in fact open to the public, except to the ments. extent that the facilities of such establishment are made available Pub. Law 88-352 4 July 2, 1964 78 STAT. 244. Entitlement. Interference. Restraining orders, etc. Attorneys' fees. Notification of State. Community Relations Service. to the customers or patrons of an establishment within the scope of subsection (b). SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof. SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202. SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security. (b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. (c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. (d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided. That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further. That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance. Hearings and SEC. 205. The Service is authorized to make a full investigation of investigations. any complaint referred to it by the court under section 204(d) and may hold such hearings with respect thereto as may be necessary. |