1963-11-22 Legislative Report

CONGRESSMAN
CONGRESSMAN
Reports
DONALD RUMSFELD
DONALD ROMSFELD
13TH
CONGRESSIONALDISTRICT1
DISTRICT, ILLINOIS
ILLlNOI~
13TH CONGRESSIONAL
~"
PRINTED AT
AT GOVERNMENT
GOVERNMENTEXPENSE
EXPENSE
NOT PRINTED
Room
241, Cannon
Room 241,
Connon House
House Office Building
Building
Washington 25,
25, D.
Washington
D. C.
c.
1, No.
Vol. 1,
No.4
CIVIL RIGHTS
November 22,
22.
1963
1963
The House Judiciary
has approved a compromise,
compromise, bi-partisan,
bi-partisan, omnibus
omnibus Civil
Civil
Judiciary Committee has
pending in
bill. Now pending
in the Rules Committee,
Committee, it
it will
will go
go to
to the
the House
House of
of RepreRepreRights bill.
sentatives for
for consideration
consideration and
and amendment
amendment before going to
sentatives
to the Senate,
Senate, where it
it faces
faces
a
During the first
first two
of this
Administration, no
a filibuster early
early next
next year.
year. During
two years
years of
this Administration,
no. new
In January
January 1963,
Civil Rights
Rights legislation
Civil
legislation was requested
requested by
by the
the President.
President.
In
1963, Republicans
Republ icans
introduced
introduced aa comprehensive bill
bill which was ignored
ignored by
by the
the Administration
Administration until
unti I June,
June, two
two
months
Congress was
to adjourn and
and after numerous
numerous demonstrations
demonstrations had
had rocked
rocked
months before Congress
was due to
the nation. The bill
bill then
then hurriedly recommended
recommended by
by the
the President
President was expanded
expanded by
by the
the
to the point where the
the President
President urged
urged that
that aa compromise
compromise bill
bill be
be
Judiciary subcommittee to
substituted. A
A 56-page
56-page bill
bill was
was then
then quickly
quickly drafted
drafted and
and del
del ivered
ivered to
to selected members
of the Committee late
late in
in the evening the
the night
night before
before it
it was approved
approved by
by the
the full
full CommitCommitof
tee
tee by a close
close margin.
margin.
Because of my interest,
interest, I attempted to
to attend
attend aa session
session of
of the
the Committee
Committee to
to see
see first
first
hand
But the Committee
iberations were
were so
so secret
hand what was developing.
developing. But
Committee del
del iberations
secret that I was
denied this privilege.
privilege. Unfortunately, the
the Committee
Committee report
report on
on this
this bill
bill is
not
is still
still not
available, and,
it ~
¡s available,
available, we
we cannot
cannot know
know what
what the
the intent
of the
the Committee
Committee
and, until
until i!
intent of
is
respect to
to the various titles.
titles. However,
of my deep
deep interest
interest in
in this
this legislegisis with
with respect
However, because of
lation, the
the fact
lation,
fact that
that much of
of the
the mail
mail I receive
receive erroneously refers
refers to
to previous
previous bills
bills no
no
longer being
being considered
considered or
or to
longer
to issues
issues in
in question
question only
only at
at the
the State
State or
or local
local level,
level, and
to clarify the details
it now stands, I am
to
details of
of the
the bill
bill as
~ i!
am devoting this
this newsletter to
to aa
title-by-title
bill which will
before the
the House for
for amendment
title-by-title analysis
analysis of
of the
the final
final bill
will go before
and cons
consideration:
iderat ion:
I
I
I
I
TITLE I--VOTING
I--VOT ING RIGHTS:
RIGHTS: Seeks to outlaw voting
voting discrimination
discrimination ¡n
in Federal
Federal elections
elections by
by
requiring officials
registration requirements,
requirements, disregard minor
minor nonmaterial
nonmaterial
requiring
officials to
to apply
apply equal
equal registration
errors in
in registrations,
registrations, and
and administer
administer literacy
tests in
writing; by
making aa 6th grade
I iteracy tests
in writing;
by making
grade
edUcation aa rebuttable
presumption of
of literacy;
education
rebuttable presumption
I iteracy; and
and by authorizing the
the Attorney General
General
expedite voting
voting cases
cases by
by requesting
tto
o expedite
requesting a hearing
hearing by a special
special 3-judge District
District Court.
Court .
ied to
to all
all e.lections
elections (including
bill appl
appl ied
(including State
State and
and local).
local). lt
It is
The previous bill
is unthinkable
that
that any
any American,
American, otherwise
otherwise qual
qualified,
ified, should be denied the
the right
right to
to vote because
because of the
the
color
color of his
his skin,
skin. Certainly, there
there is
is an
an urgent
urgent Federal
Federal responsibil
responsibil ity
ity in
in Federal
Federal elecelections to
to correct
correct abuses
tions
abuses of this
this most
most important
important fundamental
fundamental right.
right.
TITLE II--PUBLIC
TITLE
I I--PUBLIC ACCOMMODATIONS:
ACCOMMOPATIONS: This much discussed
discussed section
section has
has been
been modified
modified to
to bar
bar
discrimination
in places
lodging and amusement,
amusement, eating establishments
establ ishments and gasoline
gasol ine
discrimination in
places of
of lodging
stations. Other
Other types
types of
not covered,
covered, except
except where
where State
State or
or local
local laws
of businesses are not
requ
i re .£.!:.
i on or
eat i ng establishments
estab Ii shments are located
located in
in retail
reta i I
require
2L encourage
encouraqe segregat
seqreqation
or where eating
stores. Anyone denied
denied access
access to
to such
such accommodations
accommodations may
may sue
sue iii
in court
court for
for preventive
preventive
relief,
bring suit
suit if
it would ''materially
"materially further''
further" the
the
rei ief,and
and the
the Attorney
Attorney' General
General may bring
if it
purpose of
of the
thebibill,
Federal, State,
State,
purpose
I
but ffirst
i rstmust
must seek
seek voluntary
voluntary compl iance
iance through Federal
or
local agencies.
agencies. The prevailing
prevail ing party
party in
in such
such aa suit
suit would
would be
be entitled
entitled to
to costs
costs and
and
or local
fees.
fees. This title,
title, based
based on both
both the
the l-th
14th Amendment
Amendment and
and the
the Commerce
Commerce Clause,
Clause, has
has been
been
It
principallyaimedat
modifiedfromearlier
modified
from earlier bills.
bills.
It is
is principally
aimed at assuring
assuring travelersof
travelers of access
access
to
places to
and sleep
to places
to eat
eat and
sleep and
and appears to
t o be
be founded on
on the
the concept
concept that
that when
when businesses
businesses
1i icensed
in interstate
interstate commerce
commerce open
open their
theirdoors
doorstotothe
thepubl
public,
ie,
icensed by
by the
the State
State or
or trafficking
trafficking in
they assume an
igation to
to serve the
ic without
without regard to
an obI
obI igation
the publ
publ ic
to race
race or
or color.
color. The conconthe constitutional
constitutionality
ity of
of the
thebibil1 I has
has centered largely
largely on this
this title
title and
cern about the
give much attention to
Over 30 states,
certainly
the Floor
Floor debate
debatewiwill
give
to this
this question.
question. Over
states,
certainly the
1
including Illinois,
Illinois, now
now have
have publ
public
It
including
ic accommodation laws,
laws, some
some for
for over
over 80
80 years.
years.
It
should
or
should be noted that
that this
this bill
bill has
has nothinq
nothing toto dodo with
withso-called
so-cal led''Open
"Open Occupancy''
Occupancy" or
''Fair
Housing''proposals,
proposals,which
which have
have been
been widely
widely discussed at
"Fair Housing"
at the
the State
State and
and local
local levels.
I
1
1
its upon
TITLE
I I I--DESEGREGATION OF
OF PUBLIC
PUBLIC FACILITIES:
FACILITIES: Permits Justice
Justice Department
Department susuits
upon
TITLE Ill--DESEGREGATION
written
by individuals
or,
written request
request by
individuals denied,
denied, because
because of race,
race, color,
colo r , or
or creed,
c reed, access
access to
to or
public
facilities
ut \ \\za t ion 0f
oT pub!
icfacil
ities (except
(except schools),
schools) , owned,
own e d, operated,
op e rated, or
or managed
managed by State
St at e
utiizatoo
is financiall
financially
unable to
to ini
initate
o ma ' n'-a\n
or local
local governments,
governments, if
if the individual
individual is
y unable
ti at e or
or
legal
legal proceedings.
....-
.
-2Requires U.
TITLE ¡V--DESEGREGAT1ON
IV--DESEGREGATION OF
OF PuBLIC
PU8LIC EDUCATION:
EDUCATION: Requires
U. S.
S. urice
urficeofofEducation
Education to
to report
report
on
proqress of
CFdesegregation
desegregationand
andgive
givetechnical
technical and
andfinancial
financiaì as5istance,
on progress
assistance, if
requested, to
if requested,
local schools
of desegregation;
authorizesAttorney
AttorneyGenera
General
file suit
local
schools ¡n
i n the
the process
process of
desegregation; authorizes
l to tofile
for
desegregation of
schools and
he receives
for desegiegation
of schools
and colleges
colleges if Pic
receives signed
signed complaints
complaints and
andcertifies
certiFies
that
aggrieved persons
persons are
maintain legal
legal proceedings.
proceedings. This
This title
titleexc]udes
excludes
that aggrieved
are unable
unable to
to maintain
Constitutionally
for Federa
Federal assistance
assistance with
respect to so-called
so-cal led
COnStitLItiOflaÌl'/ questionable
questionable provisions
provisions for
with respect
"racial
balancing"asasopposed
opposed to
to''neighborhood
"n e ighborhood schools'.
sc hoo ls'i. There
There is
no assurance
assurance that
"racial balincinq''
is no
that all
all
Americans wi',iili
I I achieve
achieve the
the same
same material
rewards, but through
through equal
equal educational
educational opportuopportuAmericans
material rewards,
nity,
enjoya arelatively
relatively equal
opportunity
to try.
try.
nity, all
allAmericans
Americans should
should enjoy
equal opportu
nity to
the Commission
Commissionpermanent
permanent
national clearing
clearing
V--CIVIL
RIGHTSCOMMISSION:
COMMISSION: Makes
Mak es the
andand
a a
national
TITLE V--CIVIL
RIGHTS
house
Civil Rights
Rights in
information,
to investigate
hOll se ononCivil
formation, including
in c luding jower
pml/er to
investigate vote
vote frauds.
f rauds. EarIir
Earlier
¡shed during
this year,
yeclr, I voted
voted to
to continue
continuethe
th eCommission,
Commission, establ
established
during the
theEisenhower
Eisenhower AdniiniAdministration,
be
l
ieving
that
it
will
find
a
continuing
role
in
our
nation.
¡t
will
find
a
continuing
role
in
our
nation.
stration, believing that
I
TITLE
VI--CUT-OFFOF
OF FEDERAL
FEDERAL AID: Requires
Requires each
each Federal
Federal Department
Department or agency
agency extending
extending
TITLE VI--CUl-OFF
grants,
grants, contracts,
contracts, or
orloans
loan s totopre\/ent
preventsuch
suc h projects
projectsfrom
fromexcluding
excluding persons
persons from
from benefits
benefits
Agenciesmust
mustfirst
first seek
because ofofrace
, color,
origin. Agencies
seek voluntary
voluntarycompliance
compl iance
because
race,
color, or
or national
national origin.
but, ifi f this
t hisfails,
f a i Is,
ma ycut
cutoff0 fFaderai
f Fed era Ifunds
fun d s to
todiscriminatory
dis c rim i il a tor y projects.
p r oj e c t s . I hhave
a v e vvoted
0 ted
but,
may
for the
the substance
substance of
of this
thistitle
title
numerous
times
amendments to specific
specificprograms.
programs. The
numcrous
times
as as
amendments
question
supportedby
byFede
Federal
taxes, can
can be
be permitted
permitted to he
tion is
i s whether
whether Federal
Federal programs,
programs, supported
ral taxes,
be
ques
administered
Clcarly.
administered in aa discriminatory
discriminatorymanner.
manner. Clear
l y, the
the answer
answer is
is No.
No.
I
Esta
blishes aa Commission
Commission with
power to
pievent
Establishes
with power
to prevent
andeliminate
eliminate discrimina
discrimination
based
race,
religion,orornational
national or
origin.
and
t ion in employment
employment based
on on
race,
religion,
i gin,
S. Government.
Coverageininthe
thefirst
first
on the
the part of
of employers,
employers, labor
labor unions,
unions, or
or the
the U.
U. S.
Government. Coverage
on
labor unions
year includes
year
includes employers
employers with
with100
100orormore
moreemployees
employees arid
and labor
union s with
with100
100orormore
moremcmmemReh-libers; the
more
bers;
the second
seco nd year,
year, 50;
50;and
andsubsequent
subsequent years.
years,2525oror
moreemployees
employeesorormembers.
members. Re
The Commission
gious
groups and
governments and
subdivisions arc
areexempted.
exempted. The
Commission
gious groups
and State
State governments
andtheir
their subdivisions
required to
to seek
seek compliance
compl iance through
methods ofof conference
1 iation",
is required
through"informal
'informai methods
conferenceand
andconci
conciliation",
mois, with
with aa State
if this
bring suit
suit in
but if
thisFai
fa iIs,
Is, may
may bring
in District
DistrictCourt.
Court.
I II1inois,
State F.E.P.
F.E.P.
Commission,
~vould,
not he
be affected.
affe cted. Fede
ral legislation
in this
this area
area
Commission,
would,forforthe
themost
mostpart,
part, not
Federal
hegisation in
cannot easi
easily
whyone
onepe:'son
personisis selected
selected or
or rejectis
best. Outsiders
Outsiders cannot
l y judge
judge why
rejectis difficult
difficult atat best.
it is¡s essential
ed
in an
an employment
employment situat
ion . Further, it
essentia l that
thateach
each business
business have
have the
the widest
widest
ed ¡n
situation.
This
titlewas
improved
by
a
requirement
irr
selection
of
personnel.
possible
la
titude
in
selection
of
personnel.
This
title
was
improved
by
a
requirement
possible latitude
t hat aa charge
charge by
by the
the F.E.P.C.
F.E.P.C. must
must be
be proved
proved ¡n
in court
court by
by aa''preponderance
"preponderance of the
theevidence''
evidence"
that
This bill
bill
and
imination of
Federal authority to
toissue
issuecease
cease and
and desist
des i st orders.
orders. This
and the
the elelimination
of Federal
excludes
the
controversial
".9uotall
system
.
Job
s
must
be
fi
lIed
on
the
basis
of
qual
ificaJobs
must
be
filled
orr
the
basis
of
qualificaexcludes the
''quota'' system.
tion,
not preference
preference based
based on
on quotas.
quotas.
t ion, not
TITLE VIi---EQUAL
VII--EQUAL
EMPLOYMENT OPPORTUNITY:
OPPORTUNITY:
TITLE
EMPLOYMENT
-
i
1
TITLES
0F CIVIL
TITLES VIII
VI I&I IX---REGISTRATION
& IX--REGISTRATIONAND
AND'JOTING
VOTING STATISTICS,
STATISTICS, AND
A~iD REVIEW
REVIEW OF
CIVILRIGHTS
RIGHTS CASES:
CASES:
Requires
the Cens
Census
Bureau
gather
registrationand
andvoting
votingsstatistics
Requires the
us Bureau
to to
gather
registration
tatistics based
based on
on race,
race,
and national
national origin. The
ormation could,
could, if
if additional
additional legislation
legislation isissubsesubsecolor, and
The inf
information
quently passed,
passed, be
reducing representation
representat ion in
in the
theU.S.
U.S. House
House of
of
quently
be used
usedasasthe
thebasis
basis for
for reducing
states that
that discriminate
of color.
states
discriminate against
against votHg
voti'1g applicants
applicants on
on the
the basis
basis of
co l or. Title
TitleIXIXmakes
makes
reviewable
in higher
re viewab l e in
higher Federal
Federal Court
Cour t the
th e action
action01:
of aa Federal
Federa l Court
Court in
rEmanding aaCivi
in remandincr
CivilI
Rights
to State
Rights case
case to
State courts.
courts.
FederalCivil
Civil Rights
Federal
Rights legislation
legislation will
willhelp
helpsolve
solvesome
some of
of the
the Federal
Federal Civil
Civi 1Rights
Ri ghtsquesquestians, but
in race
relations..
Bytrying
trying to
tions,
but will
will not
notsolve,
solve, nor
nor can
can IL
it solve,
solve, problems
problems in
race relations
.• By
to
solve
by stretching
stretching the
so lve race
race relation
relation problems
prob l ems by
the Constitution
Constitution and
and extending
extending Federal
Federal controls.
controls,
we
run the
the risk
risk of
the inindividual
we run
of damaging
damagin g the
dividual rights
rights of
ofall
al Arriericans,
I Amer icans, white
whiteand
a nd colored
colored
alike.
most important
important goals
goals in
al
i ke. Some
Some ofoftthe
he most
in II if
e-- acceptance, respect,
resp ect , friendship--must
friendship--must
ife-acceptaice,
be
be earned:
earned: they cannot
cannot be
be legislated
I eq i slatedor£.!:.
confer red
anyonebybyany
anyGovernr,'ent.
Government.
conferred
onon
anyone
To
thosewho
whofear
Fear
Civil
Rightslegislation,
legislation, let
To those
Civi
1 Rights
letme
Ple say
say that I, too,
too, see
see the
the potential
danger
irrdividul right
willI weigh
this bili
danger ofofststifling
ifl in9 one
one individual
righttotoextend
extend another,
another, and
and wil
we i gh this
bil Iand
and
all amendments
with
towardour
our Constitution
Constitution and
and the
tIre rights
rights of
amendments totoitit wi
th an
an eye
eye toward
of all
allAmericans.
Amer i cans.
To
thosewho
whoanticipate
anticipatethat
that this
this or
To those
o r any
any Clvi
CivilI Rights
Rights hi
bi III wi I11i mark
mark the
d of
discrimithe en
end
of discrimi-.
I
nation, racism,
or or
other
human
nation,
racism, bigotry,
bigotry,
other
humanweaknesses,
weaknesses, I suggest,
task is
is
suggest,rather,
rather,that
that this
this task
still
stillahead.
ahead. These
These prob
lems--human by by
definition--must
n only
lved final
l y by
by
problems--human
definition--mustand
andcacan
onlybehesosolved
finally
human
beings--not governments
governmentsoror law
laws,
human beings--not
s, but
but in
the churches,
churches, clubs,
clubs, schools,
schoo l s, businesses,
businesses,
in the
and homes.
I the
cf the
District, let me
homes . To
To al
~
the residents
r es i dents of
the 13th
13tJ]. District,
me say
sa y that
that..!.. .~~
am hopeful
hopeful that,
through
the proper
properfunctioninq
funcl.ioHnqofofour
ourgover
government,
a trulyeffect
effective
andconstitutionally
constitutionally
through the
nm ent, ~ ~
iv e and
sound
Civi I R
Richts
i I \tih
wliich
J ref
sound ~
i qhts bi
~,
i eh ..!.. can
can support
support and
and which
\tlh i eh wi
~
1ect the
t hebest
besthopes
hopes and
and
reflect
1ow- lTla-n--w
desi
res
of
the
Amer
¡can
people
foi
a
better
I
¡fe
for
thei
r
desires
of
the
.I\merican
people
fOI'
a
life
fo
r
their
fel
iTlbe
enacted
I be enacted.
tel
low-man,
wi
I
~~~~ - ----- ---- -- ---, --- -I
I
1
.
FOR
THERECORD
RECORD:
My 2nd
newsletter,
deal
with~ethetax
taxcut
cut bi
FOR TilE
: My 2nd
newsletter,
deal
ing¡ng
with
bi III , concluded
concluded with
quotawith a quota1
,
tiorr
tion titled
tit led''Jisdoni'',
'Il-Ii sdOlll l1 ,beginning:
beg inning:''You
"You cannot
ca nnot bring
bring about
about prosperity
prosperity by
by discouraging
disco uraging
thrift
thrift. . ... etc»'
e te. JI At
J\t the
the end
end of
ofthe
t hequotation
quotationwas
\vasthe
t heword
word''Al'lON.'',
'IANON. II, the
abbreviation
the abbreviation
for "anonymous",
indicating
was
for
" an o n ymou s " , ind
ic ating that
t hatthe
theauthor
author
~vasunknown.
unkn own. Several
Several people
peo pl e have
havewritten
written
saying
Lincoln
say
in g that Abraham
Abraham Linc
oln authored
authored these
these words.
words. For
For the
the record,
record, before
beforesending
sendingmy
my
newsletter I generally check
check all
al IFacts
facts and
and quotations
quotations totoassure
assureaccuracy.
accuracy. On
On i nquiry
nqury to
the U.S.
the
U.S. Librac'1
Lib(a[~ of
of Congress,
Congress, I was
lu s ivel y that
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