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Civil Rights Act - Title 5:
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) 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.
"(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 subpena.
"(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.
"(d)
The Chairman or Acting Chairman may punish
breaches of order and decorum 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. 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
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 shall determine the pertinency
of testimony and evidence adduced at its
hearings.
"(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 thereof.
"(j)
A witness attending any session of the Commission
shall receive $6 for each day's attendance
and for the time necessarily ccupied 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.
"(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 published."
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. 1975b(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 Expenses Act of 1949, as amended
(5 U.S.C. 835 -- 42; 63 Stat. 166)."
Sec.
504. (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 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 because of race, color, religion
or national origin or in the administration
of justice;
"(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;
"(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;
"(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
"(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."
(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."
Sec.
505. 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."
Sec.
506. 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 follows:
"(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. Subpenas 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.
"(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 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."
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 are necessary
to carry out the purposes of this Act."
Bact
to Civil Rights Act
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