117 Shipley, Carl, chairman, Republican Committee for the District of Sparkman, Hon. John, U.S. Senator from the State of Alabama.. Williams, Hon. Harrison A., U.S. Senator from the State of New Letters and telegrams: Biemiller, Andrew J., director, Department of Legislation, AFL-CIO. Masaoka, Mike, Washington representative of the Japanese-American 188 229 224 223 224 Mitchell, Clarence, director, Washington Bureau of the National Association for the Advancement of Colored People.. Smith, McNeil, letter addressed to Senator Hart__ 225 Article: "Human Relations Goes to Washington," Committee Reporter, by Senator Philip A. Hart; submitted at the request of Roy H. Millenson Survey of opinions of State attorneys general: (1) Letter of Subcommittee Chairman Sam J. Ervin, requesting (1) Letter of Chairman Ervin to Assistant Attorney General Marshall (2) Reply from the Assistant Attorney General Marshall_ Statute establishing the Commission on Civil Rights-42 U.S.C. 1975 Report of National Conference of State Advisory Committees, 1959-- Interim report (on Mississippi) of the U.S. Commission on Civil Background information-Continued Comparison of functions of the U.S. Commission on Civil Rights with functions of Civil Rights Division of Department of Justice.---. Comparison of budget of the U.S. Commission on Civil Rights with budget of Civil Rights Division of Department of Justice__ Activities of Civil Rights Division of Justice Department as reported in Annual Report of the Attorney General, 1962. Complaints received by the U.S. Commission on Civil Rights.. Willner v. Committee on Character and Fitness (summary). Article: "Our Community: Seven Critical Problems Facing Us," by Francis A. Kornegay, executive director, Detroit Urban League; sub- mitted at the request of Senator Philip A. Hart.. Editorials: "Civil Rights Pilot," Washington Post, "Prolong the Civil Rights Commission," Greensboro Daily News, "Civil Rights Commis- sion," New York Times; submitted at the request of Senator Philip A. CIVIL RIGHTS COMMISSION TUESDAY, MAY 21, 1963 U. S. SENATE, SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS Washington, D.C. The subcommittee met, pursuant to notice, at 10:40 a.m., in room 2228, New Senate Office Building, Senator Sam J. Ervin, Jr. (chairman of the subcommittee) presiding. Present: Senators Ervin, Bayh, Keating, and Fong. Also present: William A. Creech, chief counsel and staff director; and Bernard Waters, minority counsel. Senator ERVIN. The subcommittee will come to order. Today the Subcommittee on Constitutional Rights begins several days of hearings on two bills, S. 1117 and S. 1219, which would extend the life and expand the powers of the U.S. Commission on Civil Rights. The text of the bills, an analysis of each, prepared by the Library of Congress, and a comparison between the two, also prepared by the Library of Congress, will be printed at this point in the record. (S. 1117 and S. 1219, referred to, follow :) [S. 1117, 88th Cong., 1st sess.] A BILL To extend for four years the Commission on Civil Rights as an agency in the executive branch of the Government, to broaden the scope of the duties of the Commission, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Commission on Civil Rights Amendments Act of 1963". SEC. 2. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a) is amended to read as follows: "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 or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall (1) receive such evidence or testimony or summary of such evidence or testimony in executive session; and in the event the Commission determines that such evidence or testimony shall be given at a public session, then it shall (2) afford such person an opportunity voluntarily to appear as a witness; and (3) receive and dispose of requests from such person to subpena additional witnesses. 1 "(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 is the sole judge of the pertinency of testimony and evidence adduced at its hearings. "(i) Upon payment of the cost thereof, a witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the Commission. “(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 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." SEC. 3. Section 103 (a) of the Civil Rights Act of 1957 (42 U.S.C. 1975b(a)) 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).” SEC. 4. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975b (b)) 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 Expense Act of 1949, as amended (5 U.S.C. 835-42).” SEC. 5. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975) is 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; "(3) appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution, and "(4) serve as a national clearinghouse for information, and provide advice and technical assistance to Government agencies, communities, industries, |