V--COMMISSION ON CIVIL RIGHTS
Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71 Stat.
634) is amended to read as follows:
OOO"RULES OF PROCEDURE OF THE
COMMISSION HEARINGS "
OOOSEC. 102. (a) At least thirty days
prior to the commencement of any hearing, the Commission shall cause
to be published in the Federal Register notice of the date on which
such hearing is to commence, the place at which it is to be held and
the subject of the hearing. 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. "
OOO(b) A copy of the Commission's rules
shall be made available to any witness before the Commission, and a
witness compelled to appear before the Commission or required to
produce written or other matter shall be served with a copy of the
Commission's rules at the time of service of the subpoena. "
OOO(c) Any person compelled to appear in
person before the Commission shall be accorded the right to be
accompanied and advised by counsel, who shall have the right to
subject his client to reasonable examination, and to make objections
on the record and to argue briefly the basis for such objections. The
Commission shall proceed with reasonable dispatch to conclude any
hearing in which it is engaged. Due regard shall be had for the
convenience and necessity of witnesses. "
OOO(d) The Chairman or Acting Chairman
may punish breaches of order and decorum by censure and exclusion from
the hearings. "
OOO(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 o testimony in executive session. The
Commission shall afford any person defamed, degraded, or incriminated
by such evidence or testimony an opportunity to appear and be heard in
executive session, with a reasonable number of additional witnesses
requested by him, before deciding to use such evidence or testimony.
In the event the Commission determines to release or use such evidence
or testimony in such manner as to reveal publicly the identity of the
person defamed, degraded, or incriminated, such evidence or testimony,
prior to such public release or use, shall be given at a public
session, and the Commission shall afford such person an opportunity to
appear as a voluntary witness or to file a sworn statement in his
behalf and to submit brief and pertinent sworn statements of others.
The Commission shall receive and dispose of requests from such person
to subpoena additional witnesses. "
OOO(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 subpoena additional witnesses.
OOO(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. "
OOO(h) In the discretion of the
Commission, witnesses may submit brief and pertinent sworn statements
in writing for inclusion in the record. The Commission shall determine
the pertinency of testimony and evidence adduced at its hearings. "
OOO(i) Every person who submits data or
evidence shall be entitled to retain or, on payment of lawfully
prescribed costs, procure a copy or transcript thereof, except that a
witness in a hearing held in executive session may for good cause be
limited to inspection of the official transcript of his testimony.
Transcript copies of public sessions may be obtained by the public
upon the payment of the cost thereof. An accurate transcript shall be
made of the testimony of all witnesses at all hearings, either public
or executive sessions, of the Commission or of any subcommittee
OOO(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 subpoena issued on
behalf of the Commission or any subcommittee thereof. "
OOO(k) The Commission shall not issue
any subpoena for the attendance and testimony of witnesses or for the
production of written or other matter which would require the presence
of the party subpoenaed 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 subpoenas 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. "
OOO(l) The Commission shall separately
state and currently publish in the Federal Register (1) descriptions
of its central and field organization including the established places
at which, and methods whereby, the public may secure information or
make requests; (2) statements of the general course and method by
which its functions are channeled and determined, and (3) rules
adopted as authorized by law. No person shall in any manner be subject
to or required to resort to rules, organization, or procedure not so
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:
OOO"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
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:
OOO"(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 Expenses Act of 1949,
as amended (5 U.S.C. 835--42; 63 Stat. 166)."
(a) Section 104(a) of the Civil Rights Act of 1957 (42 U.S.C.
1975c(a); 71 Stat. 635), as amended, is further amended to read as
OOO"DUTIES OF THE COMMISSION "SEC.
104. (a) The Commission shall-- "
OOOOO(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; "
OOOOO(2) study and collect information
concerning legal developments constituting a denial of equal
protection of the laws under the Constitution because of race, color,
religion or national origin or in the administration of justice; "
OOOOO(3) appraise the laws and policies
of the Federal Government with respect to denials of equal protection
of the laws under the Constitution because of race, color, religion or
national origin or in the administration of justice; "
OOOOO(4) serve as a national
clearinghouse for information in respect to denials of equal
protection of the laws because of race, color, religion or national
origin, including but not limited to the fields of voting, education,
housing, employment, the use of public facilities, and transportation,
or in the administration of justice; "
OOOOO(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 of the House of
Representatives, as a result of any patterns or practice of fraud or
discrimination in the conduct of such election; and "
OOOOO(6) Nothing in this or any other
Act shall be construed as authorizing the Commission, its Advisory
Committees, or any person under its supervision or control to inquire
into or investigate any membership practices or internal operations of
any fraternal organization, any college or university fraternity or
sorority, any private club or any religious organization."
OOO(b) Section 104(b) of the Civil
Rights Act of 1957 (42 U.S.C. 1975c(b); 71 Stat. 635), as amended, is
further amended by striking out the present subsection "(b)"
and by substituting therefor: "(b) The Commission shall submit
interim reports to the President and to the Congress at such times as
the Commission, the Congress or the President shall deem desirable,
and shall submit to the President and to the Congress a final report
of its activities, findings, and recommendations not later than
January 31, 1968."
Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975d(a); 71
Stat. 636) is amended by striking out in the last sentence thereof "$50
per diem" and inserting in lieu thereof "$75 per diem."
Section 105(f) and section 105(g) of the Civil Rights Act of 1957 (42
U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended to read as
OOO"(f) The Commission, or on the
authorization of the Commission any subcommittee of two or more
members, at least one of whom shall be of each major political party,
may, for the purpose of carrying out the provisions of this Act, hold
such hearings and act at such times and places as the Commission or
such authorized subcommittee may deem advisable. Subpoenas for the
attendance and testimony of witnesses or the production of written or
other matter may be issued in accordance with the rules of the
Commission as contained in section 102 (j) and (k) of this Act, over
the signature of the Chairman of the Commission or of such
subcommittee, and may be served by any person designated by such
Chairman. The holding of hearings by the Commission, or the
appointment of a subcommittee to hold hearings pursuant to this
subparagraph, must be approved by a majority of the Commission, or by
a majority of the members present at a meeting at which at least a
quorum of four members is present. "
OOO(g) In case of contumacy or refusal
to obey a subpoena, 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
pertinent, relevant and nonprivileged 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 court
as a contempt thereof."
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:
OOO "(i) The Commission shall have
the power to make such rules and regulations as are necessary to carry
out the purposes of this Act."