General

TITLE IVDESEGREGATION OF PUBLIC EDUCATION

Title IV, which is concerned with the desegregation of schools, has two main purposes. First, it would authorize the Commissioner of Education to provide, upon application by local school authorities, technical assistance and financial aid to assist in dealing with problems incident to desegregation. Second, it would authorize the Attorney General to institute suits seeking desegregation of public schools where the students or parents involved are unable to bring suit and where he considers that a suit would materially further the public policy favoring the orderly achievement of desegregation in public education.

Section 401 contains definitions including the definition of "desegregation" as the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin.

Section 402 would direct the Commissioner of Education to conduct. a survey and report to the President and Congress, within 2 years from enactment, concerning the lack of availability of equal educational opportunities by reason of race, color, religion, or national origin in public educational institutions at all levels.

Section 403 would authorize the Commissioner, upon the application of any State or local educational agency, to furnish technical assistance in the preparation, adoption, and implementation of plans for the desegregation of public schools.

Section 404 would authorize the Commissioner to arrange with colleges and universities for the operation of institutes for special training designed to improve the ability of teachers and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by school desegregation. Stipends could be paid to those attending such institutes in amounts specified by the Commissioner.

Section 405(a) would authorize the Commissioner, upon application by a school board, to make a grant to defray the cost of (1) providing inservice training to teachers and other school personnel in dealing with problems incident to desegregation, and (2) employing specialists to advise in respect of such problems.

Section 405(b) would direct that in passing on an application for a grant, the Commissioner take into consideration the total amount available for the grant program, other pending applications, the financial condition and resources of the applicant, and the seriousness of its problems incident to desegregation.

Section 406 would authorize payments pursuant to a grant or contract under title IV to be made by the Commissioner in advance or by way of reimbursement.

Section 407(a) would confer authority upon the Attorney General to institute civil suits in the Federal district courts in order to achieve desegregation in public schools and colleges. He could bring suit when he received a written complaint from parents that the school board in their district had failed to achieve desegregation, or from an individual that he had been denied admission to or continued attendance at a public college by reason of race, color, religion, or national origin. As a prerequisite to suit, the Attorney General would be required to certify that the signers of the complaint were "unable

to initiate and maintain appropriate legal proceedings" for relief, and that the institution of an action would materially further the public policy favoring the orderly achievement of desegregation in public education. It is not intended that determinations on which the certification was based should be reviewable.

Section 407(b) provides that the Attorney General may deem a person "unable to initiate and maintain appropriate legal proceedings" within the meaning of subsection (a) if such person is unable to bear the expense of the litigation or obtain effective legal representation, or when the Attorney General is satisfied that the institution of the litigation by such person may result in injury or economic damage to him or his family.

Section 407 (c) provides that the term "parent" includes any person standing in loco parentis.

Section 408 provides that in any action or proceeding under title IV, the United States is to be liable for costs the same as a private

person.

Section 409 provides that nothing in title IV shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education.

General

TITLE V-CIVIL RIGHTS COMMISSION

Title V, in addition to effecting minor procedural and technical changes, would make the Commission on Civil Rights a permanent body and would give the Commission new authority (1) to serve as a national clearinghouse for information concerning denials of the equal protection of the laws, and (2) to investigate allegations as to patterns or practices of fraud or discrimination in Federal elections.

Section 501 would effect minor amendments to section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a), which sets forth rules of procedure for hearings held by the Civil Rights Commission. The witness fees and allowances authorized by subsection (j) would be modified in accordance with increased amounts generally allowed to witnesses in other proceedings. Subsection (k) would be amended to allow the Commission to subpena a witness to testify within the State in which he has appointed an agent for service of process and to testify outside the State if the hearing is to be held within 50 miles of the place in which he is found, resides or is domiciled, does business, or has appointed an agent for service of process.

Section 502 amends section 103 (a) of the 1957 act. It would ncrease the compensation of members of the Commission not otherwise in Government service from $50 to $75 for each day of service and provide for payment of their travel expenses and per diem in lieu of subsistence expenses in accordance with section 5 of the Administrative Expenses Act of 1946.

Section 503 amends section 103 (b) of the 1957 act. It provides for payment of travel expenses and per diem in lieu of subsistence expenses to Government members of the Commission in accordance with the Travel Expenses Act of 1949.

Section 504 (a) amends section 104 (a) of the 1957 act by adding to the duties of the Commission by providing (1) that it serve as a national clearinghouse for information' in respect of the equal protection of the laws, and (2) that it investigate written and sworn

allegations of patterns of practices of voting frauds or discrimination in Federal elections.

Section 504(b) repeals section 104 (c) of the 1957 act to make the Commission a permanent body.

Section 505 amends section 105(a) of the 1957 act to increase from $50 to $75 a day the maximum amount of compensation payable by the Commission to temporary or intermittent consultants.

Section 506 would amend section 105(g) of the 1957 act by authorizing Federal district courts to order compliance with Commission subpenas by persons domiciled within the jurisdiction of the court or who have appointed an agent for service of process within the jurisdiction.

Section 507 would enact an express grant of rulemaking power to the Commission.

TITLE VINONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS General

This title declares it to be the policy of the United States that discrimination on the ground of race, color, or national origin shall not occur in connection with programs and activities receiving Federal financial assistance and authorizes and directs the appropriate Federal departments and agencies to take action to carry out this policy. This title is not intended to apply to foreign assistance programs.

Section 601.-This section states the general principle that no person in the United States shall be excluded from participation in or otherwise discriminated against on the ground of race, color, or national origin under any program or activity receiving Federal financial assistance.

Section 602 directs each Federal agency administering a program of Federal financial assistance by way of grant, contract, or loan to take action pursuant to rule, regulation, or order of general applicability to effectuate the principle of section 601 in a manner consistent with the achievement of the objectives of the statute authorizing the assistance. In seeking to effect compliance with its requirements imposed under this section, an agency is authorized to terminate or to refuse to grant or to continue assistance under a program to any recipient as to whom there has been an express finding pursuant to a hearing of a failure to comply with the requirements under that program, and it may also employ any other means authorized by law. However, each agency is directed first to seek compliance with its requirements by voluntary means.

Section 608 provides that any agency action taken pursuant to section 602 shall be subject to such judicial review as would be available for similar actions by that agency on other grounds. Where the agency action consists of terminating or refusing to grant or to continue financial assistance because of a finding of a failure of the recipient to comply with the agency's requirements imposed under section 602, and the agency action would not otherwise be subject to judicial review under existing law, judicial review shall nevertheless be available to any person aggrieved as provided in section 10 of the Administrative Procedure Act (5 U.S.C. 1009). The section also states explicitly that in the latter situation such agency action shall not be deemed committed to unreviewable agency discretion within the meaning of section 10. The purpose of this provision is to

obviate the possible argument that although section 603 provides for review in accordance with section 10, section 10 itself has an exception for action "committed to agency discretion," which might otherwise be carried over into section 603. It is not the purpose of this provision of section 603, however, otherwise to alter the scope of judicial review as presently provided in section 10(e) of the Administrative Procedure Act.

The purpose of this title is to eliminate, through the utilization of formal and informal remedial procedures, discrimination in employment based on race, color, religion, or national origin. The title authorizes the establishment of a Federal Equal Employment Opportunity Commission and delegates to it the primary responsibility for preventing and eliminating unlawful employment practices as defined in the title.

Section 701 (a) sets forth a congressional declaration that all persons within the jurisdiction of the United States have a right to the opportunity for employment without discrimination on account of race, color, religion, or national origin. It is also declared to be the national policy to protect the right of persons to be free from such discrimination.

Section 701(b) states that the title is necessary to remove obstructions to the free flow of interstate and foreign commerce and to insure the complete and full enjoyment by all persons of the rights, privileges, and immunities secured and protected by the Constitution.

Section 702 contains definitions of a number of the terms used in the title.

"Employer" is defined to mean a person engaged in an industry affecting commerce who has 25 or more employees, except that during the first year after the date the enforcement provisions of the title become operative employers having fewer than 100 employees will not be covered, and during the second year after such date, employers with fewer than 50 will not be covered. The definition excludes from the term "employer" all Federal, State, and local government agencies, and bona fide membership clubs (other than labor organizations) which are tax exempt under the Internal Revenue Code (sec. 702(b)). "Employment agency" is defined to mean any person who regularly undertakes to procure employees for an employer or to procure, for employees, opportunities to work. The U.S. Employment Service and the system of State and local employment services receiving Federal assistance are specifically included. Other governmental agencies are not included (sec. 702(c)).

"Labor organization" is defined in substantially the same way that the term is defined in the Labor-Management Reporting and Disclosure Act of 1959, except that State and local central bodies will be treated as are other labor organizations (sec. 702 (d)).

Labor organizations will be covered only if they are engaged in an industry affecting commerce within the meaning of the title, and subsection (e) of section 702 describes the labor organizations which are so engaged. This provision is the same as the comparable provision in the Labor-Management Reporting and Disclosure Act of

1959, except that it excludes any labor organization having fewer than 25 members. Also, during the first year after the date on which the enforcement provisions of the title become operative, a labor organization having fewer than 100 members will be excluded from coverage, and during the second year after such date, those having fewer than 50 members will be so excluded (sec. 702(e)).

The terms "person," "employee," "commerce," "industry affecting commerce," and "State" are defined for the purposes of the title in the manner common for Federal statutes (secs. 702 (a), (f), (g), (h), and (i)).

Section 703 provides that the requirements of the title will not apply with respect to the employment of aliens outside a State, or to religious corporations, associations, or societies.

Section 704(a) describes a number of activities which, if engaged in by employers, will constitute unlawful employment practices. It will be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of race, color, religion, or national origin. It will also be an unlawful employment practice for an employer to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his status as an employee because of his race, color, religion, or national origin.

Section 704(b) provides that it will be an unlawful employment practice for an employment agency to fail or refuse to refer an individual for employment or otherwise to discriminate against him. because of race, color, religion, or national origin, or for such an agency to classify or refer any person for employment on the basis of race, color, religion, or national origin.

Section 704(c) describes a number of unlawful employment practices of labor organizations. Under this subsection it will be an unlawful employment practice for a labor organization to exclude or expel or otherwise discriminate against any person from membership because of race, color, religion, or national origin. It will be an unlawful employment practice for.a labor organization to limit, segregate, or classify its membership so as to deprive or tend to deprive any person of employment opportunities or to limit such opportunities, or otherwise adversely affect his status as an employee or as a job applicant because of his race, color, religion, or national origin. It will also be an unlawful employment practice for a labor organization to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

Section 704(d) makes it an unlawful employment practice for persons controlling apprenticeship or other training programs to discriminate because of race, color, religion, or national origin in admission to, or employment in, such a program.

Section 704(e) provides for a very limited exception to the provisions of the title. Notwithstanding any other provisions, it shall not be an unlawful employment practice for an employer to employ persons of a particular religion or national origin in those rare situations where religion or national origin is a bona fide occupational qualification.

Section 705(a) makes it an unlawful employment practice for an employer to discriminate against any of his employees or applicants