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Congress: The Context
March 1964
The material in this notebook with respect to the several titles of H.R. 7152 is based, unless otherwise stated, on the provisions of the bill as it passed the House. In general, each section of the notebook describes the need for the title it covers, summarizes the provisions of the title, examines any pertinent legal issues and presents answers to questions which may be asked concerning the title.
It is the purpose of this memorandum to present a brief history of H.R. 7152 as background for the material which follows.
Presidential Action
On June 19, 1963, President Kennedy sent a special message on civil rights to the Congress (H. Doc. 124, 88th Cong., 1st sess.) and transmitted for its consideration a proposed Civil Rights Act of 1963 dealing with the following subjects:Title I - Voting rights
Title II - Public accommodations
Title III - Desegregation of public schools
Title IV - Establishment of a Community Relations Service
Title V - Continuation of the Civil Rights Commission
Title VI - Nondiscrimination in federally assisted programs
Title VII - Establishment of statutory Commission on Equal Employment Opportunity
The bill submitted by the President was introduced in the House as H.R. 7152 and in the Senate as S. 1731. In addition, Title II of the bill, dealing with public accommodations, was introduced in the Senate, with minor changes, as a separate bill designated S. 1732.
H.R. 7152 was referred to the House Judiciary Committee, S. 1731 to the Senate Judiciary Committee, and S. 1732 to the Senate Commerce Committee.
Hearings and Other Action in the House
Subcommittee No. 5 of the House Judiciary Committee held 22 days of hearings on H.R. 7152 and other civil rights bills during the period beginning May 8 and ending August 2, 1963 (Hearings on Civil Rights before Subcommittee No. 5, House Committee on the Judiciary, 88th Cong., 1st sess., serial No. 4).After completion of the hearings, the Subcommittee recommended to the Full Committee an amended version of H.R. 7152 which, in general, added the following to the bill:
Authorization to the Attorney General to institute civil suits to protect individuals against the deprivation of any rights secured by the Constitution or laws of the United States.
Provisions for the desegregation of publicly owned or operated facilities in addition to public schools.
A fair employment practices provision in lieu of Title VII, as introduced.
Provisions for the compilation of voting statistics by race, religion and national origin.
Provisions allowing an appeal to be taken from federal court orders remanding civil rights cases to State courts from which removed.
Provisions expanding the coverage of Title II re public accommodations to include any business operated under "State or local authorization, permission or license."
The full Judiciary Committee heard testimony from the Attorney General on October 15-16, 1963, regarding the Subcommittee's bill. As finally reported by the Committee, the bill did not include provisions to create a Community Relations Service and did not contain the above-mentioned provisions expanding the public accommodations title to include all "State-licensed" businesses. Moreover, the bill did not grant the Attorney General authority to institute suits to protect against any deprivation of civil rights. However, it did retain provisions authorizing him to institute suits to desegregate publicly owned, operated or managed facilities in addition to schools. It also authorized him to intervene in a suit previously filed by any person to obtain relief from discriminatory practices denying equal protection of the 1aws on account of race, color, religion, or national origin.
House debate on H.R. 7152 began on January 31 of this year and continued each day, except Sunday, until passage of the bill on February 10 by a vote of 290 to 130. Among the amendments adopted by the House was the restoration of a title (now Title X) creating a Community Relations Service to attempt to resolve disputes over discriminatory practices by voluntary procedures. Another major amendment extended the prohibitions of Title VII to job discrimination against women because of their sex.
Action in the Senate
A comparison of Title II of H.R. 7152, as it passed the House, and S. 1732, as reported to the Senate, is contained in the material on Title II, H.R. 7152.
The Senate Judiciary Committee held a number of hearings between July 16 and September 11, 1963, on S. 1731, the bill submitted by President Kennedy with his special message of June 19, 1963. However, the hearings have not been printed, and the Committee has not taken any action to report the bill.
Costs and Personnel
Attached are copies of two letters dated February 6, 1964, from Deputy Attorney General Nicholas deB. Katzenbach to Congressman Emanuel Celler that set forth preliminary estimates of the costs and numbers of persons necessary to the enforcement and administration of H.R. 7152.
UNITED STATES DEPARTMENT OF JUSTICE
OFFICE OF THE DEPUTY ATTORNEY GENERAL
WASHINGTON, D. C.
February 6, 1964
Honorable Emanuel Celler
Chairman, Judiciary Committee
House of Representatives
Washington, D. C.Dear Mr. Chairman:
This is in reference to the letter of December 2, 1963, concerning the cost to the United States of the various provisions of H.R. 7152.
Further examination of the preliminary cost estimates contained in that letter have disclosed several errors in computation. In addition, information now available allows more precise estimates with regard to certain of the figures. As corrected, the total estimated costs for the Equal Employment Opportunity Commission in Title VII is $3,800,000, rather than $5,760,000 and the estimated cost for the Department of Justice for Titles I, II, III, IV and VI is $1,595,140, rather than $1,690,140. Further, the estimated cost for Title V (Civil Rights Commission) has been revised from $1,425,000 to $500,000 so that it reflects only the additional estimated cost expected to result from passage of Title V, rather than the total estimated cost of the Commission.
Broken down by Title, the corrected preliminary cost estimates are as follows:
Title I - Voting Department of Justice
$120,000 Title II - Public Accommodations Department of Justice $442,540 Title III - Public Facilities Department of Justice $312,530 Title IV - School Desegregation Department of Health, Education and Welfare $10,095,000 Department of Justice $657,560 Total $10,752,560 Title V - Civil Rights Commission Civil Rights Commission $500,000 Title VI - Nondiscrimination in Federally-Assisted Programs Department of Justice $62,510 Title VII - Equal Employment Opportunity Equal Employment Opportunity Commission $3,800,000 Department of Labor $75,000 (Special Study) Title VIII - Special Voting Census Department of Commerce $1,800,000 Estimated Annual Cost (Avg. -- first 5 yrs.) $15,990,140 (plus $1,875,000 for special one-year study and census)
Sincerely,
Nicholas deB. Katzenbach
Deputy Attorney General
UNITED STATES DEPARTMENT OF JUSTICE
OFFICE OF THE DEPUTY ATTORNEY GENERAL
WASHINGTON, D. C.
February 6, 1964
Honorable Emanuel Celler
Chairman, Judiciary Committee
House of Representatives
Washington, D. C.Dear Mr. Chairman:
This is in response to your request for information concerning the number of persons who would be employed in connection with the administration and enforcement of the various provisions of H.R. 7152.
For your convenience these preliminary estimates have been broken down by Title and represent the expected average employment over a five-year period.
Two of the items represent employment which will not recur after the first year. These are the special study by the Department of Labor (Title VII) and the special voting census (Title VIII). It should also be noted that the persons to be employed in connection with the Special Voting Census (Title VIII) will be temporary employees, generally recruited on a local basis and that the number of employees of the Civil Rights Commission listed under Title V represents the number of new employees expected to be hired if Title V is enacted.
Title I - Voting No. of employees Department of Justice 6 Title II - Public Accommodations Department of Justice 26 Title III - Public Facilities Department of Justice 20 Title IV - School Desegregation Department of Health, Education and Welfare 100 Department of Justice 50 Total 150 Title V -- Civil Rights Commission Civil Rights Commission 20 Title VI - Nondiscrimination in Federally-Assisted Programs Department of Justice 3 Title VII - Equal Employment Opportunity Equal Employment Opportunity Commission 150 Department of Labor 5 (Special Study) Total 155 Title VIII - Special Voting Census Department of Commerce 2300 (1 mo.) 200 (2-3 mos.) 2500 (temporary) Total Estimated (Average over first five years) 380 (plus 2500 temporary employees for Special Voting Census)
Sincerely,
Nicholas deB. Katzenbach
Deputy Attorney General
