or the Commonwealth of Puerto Rico, shall have fulfilled all literary, education, knowledge, or intelligence requirements. The Federal registrar shall disregard any poll tax as a prerequisite to vote.

"Applications to vote shall be received by a Federal registrar upon any working day of the week up to thirty days prior to any election and he shall forthwith determine whether an applicant is qualified to vote. If a Federal registrar determines that an applicant is qualified to vote, he shall issue to the applicant a certificate identifying the holder thereof as a person so qualified. The certificate of qualification to vote shall be effective within the longest period for which such applicant could have been registered or otherwise qualified to vote under State law, but no less than one year or until the court finds that a pattern or practice of discrimination has ceased, whichever is greater. Copies of the certificate shall also be submitted to the court, to the Attorney General or his designated representative, and to the appropriate election officers.

"Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any appropriate election. Federal registrars shall, until the court finds that a pattern or practice of discrimination has ceased, oversee all elections conducted by State and local officials within the affected area, make tallies, and report to the court and the Attorney General or his designated representative, any person, holding certificates of qualification to vote, who have been refused the right to vote. The refusal by any such officer with notice of such certificate of qualification to permit any person to vote shall constitute contempt of court where the court has made a finding of a pattern or practice of discrimination. In addition, thereto, the court where it has made such finding, shall void any election, except an election for the office of President, Vice President, or presidential elector, where it finds that fifty or more persons, possessing certificates of qualification to vote, have been refused the right to vote in such election. If the court fails to void an election, as so required, the Attorney General shall seek the issuance of a writ of mandamus from the Supreme Court of the United States to require the court to take such action.

"Where the President, instead of the court, has found a pattern or practice of discrimination, and has appointed Federal registrars, the President shall declare such election void under the same conditions that the court is empowered to do, and shall request the Attorney General to institute the necessary legal action to have such declaration of voidance enforced.

"When used in the subsection, the word 'vote' includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and .ncluded in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words 'affected area' shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words 'qualified under State law' shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) of this section in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist.

"Unless stayed by an order of the Supreme Court, the action of the court or the Federal registrars pursuant to subsection (e) shall remain in full force and effect pending appeal.”

SEC. 4. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 5. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

[H.R. 5409, 89th Cong., 1st sess.]

A BILL To provide for the implementation of voting rights, the appointment of Federal registrars, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 42, sections 1971 (a)(2) and (c),

United States Code, are amended by striking out the word "Federal" wherever it appears therein.

SEC. 2. Title 42, section 1971 (f), United States Code, is deleted and the following subsections shall be renumbered accordingly.

SEC. 3. Title 42, section 1971 (e), United States Code, is amended to read as follows:

"(e) In any proceeding instituted pursuant to subsection (c) of this section in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a) of this section, the court shall, upon request of the Attorney General and after each party has been given notice and the opportunity to be heard, make a finding forthwith whether such deprivation was or is pursuant to a pattern or practice. If the court finds that fifty or more persons of such race or color resident within the affected area are qualified to vote under State law and have been, within one year from the date the proceeding was commenced pursuant to subsection (c), (1) deprived of or denied under color of law the opportunity to register to vote within two days of making application thereof or otherwise qualified to vote, or (2) found not qualified to vote by any person acting under color of law, it shall immediately make a finding that a pattern or practice of discrimination exists.

"Upon such a finding of a pattern or practice, the court shall appoint one or more Federal registrars from a panel of no less than ten persons so designated by the President of the United States. A Federal registrar shall be appointed by the court for one year and thereafter until the court subsequently finds that such pattern or practice has ceased.

"If the court, within forty days after the request of the Attorney General for a finding of a pattern or practice, fails to determine whether such pattern or practice exists, the President shall appoint Federal registrars in the same manner as the court is empowered to do, if the President receives statements under oath from at least fifty persons within the affected area that they have been, because of their race or color, (1) deprived of or denied under color of law the opportunity to register to vote within two days of making application thereof or otherwise qualified to vote, or (2) found not qualified to vote by any person acting under color of law.

"The panel of persons from which Federal registrars are to be chosen shall be existing Federal officers or employees who are qualified voters in the judicial district in which the proceeding has been instituted. Federal registrars, so appointed, shall subscribe to the oath of office required by section 16 of title 5. United States Code. Such registrars shall serve without compensation in addition to that received for such other service, but while engaged in the work as registrars shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from their usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949, as amended.

"Federal registrars shall, notwithstanding a registration deadline or other such time limitations as may be established under State or local law, receive applications to register to vote of any person who is resident within the affected area and is of the same race or color as those persons who were found to be deprived of the right to vote. Federal registrars shall, in determining whether an applicant is qualified to vote, apply State law, except that, any applicant who has completed the six grades of education in a public school in, or private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico, shall have fulfilled all literary, education, knowledge, or intelligence requirements. The Federal registrar shall disregard any poll tax as a prerequisite to vote.

"Appications to vote shall be received by a Federal registrar upon any working day of the week up to thirty days prior to any election and he shall forthwith determine whether an applicant is qualified to vote. If a Federal registrar determines that an applicant is qualified to vote, he shall issue to the applicant a certificate identifying the holder thereof as a person so qualified. The cer tificate of qualification to vote shall be effective within the longest period for which such applicant could have been registered or otherwise qualified to vote under State law, but no less than one year or until the court finds that a pattern or practice of discrimination has ceased, whichever is greater. Copies of the certificate shall also be submitted to the court, to the Attorney General or his designated representative, and to the appropriate election officers. "Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any appropriate election. Federal registrars shall, until the

court finds that a pattern or practice of discrimination has ceased, oversee all elections conducted by State and local officials within the affected area, make tallies, and report to the court and the Attorney General or his designated representative, any person, holding certificates of qualification to vote, who have been refused the right to vote. The refusal by any such officer with notice of such certificate of qualification to permit any person to vote shall constitute contempt of court where the court has made a finding of a pattern or practice of discrimination.

"When used in the subsection, the word 'vote' includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words 'affected area' shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words 'qualified under State law' shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) of this section in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist.

"Unless stayed by an order of the Supreme Court, the action of the court or the Federal registrars pursuant to subsection (e) shall remain in full force and effect pending appeal."

SEC. 4. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 5. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

[H.R. 5419, 89th Cong., 1st sess.]

A BILL Providing for the reduction of the basis of representation of States denying or abridging the right of its citizens to vote, 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 "Congressional Representation Act of 1965".

ESTABLISHMENT OF A JOINT COMMITTEE ON CONGRESSIONAL REPRESENTATION

SEC. 2. There is hereby established a Joint Committee on Congressional Representation (hereinafter in this part referred to as the joint committee) to be composed of nine Members of the Senate to be appointed by the President of the Senate, and nine Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. In each instance not more than five members shall be members of the same political party.

FUNCTIONS OF THE JOINT COMMITTEE

SEC. 3. (a) The joint committee shall, as soon as practicable following the date of each biennial election for Representatives in Congress in the several States as established by section 25 of the Revised Statutes, but not later than May 1 of the year following such election

(1) determine whether any State has, in violation of section 2 of the fourteenth amendment to the Constitution, denied or abridged the right of inhabitants of such State to vote as prescribed in such section since the preceding biennial election for Representatives in Congress;

(2) calculate, in the manner prescribed in section 2 of the fourteenth amendment to the Constitution, the number (if any) of Representatives in Congress which each State shall be then entitled as the result of any such denial or abridgment; and

(3) utilize such services of the United States Commission on Civil Rights and the United States Census Bureau as are necessary to achieve the required determinations and calculations.

(b) The joint committee shall, on or before May 1 of the year following each biennial election for Representatives in Congress, submit to the Congress a statement indicating, with respect to each State, the number (if any) by which such State's Representatives in Congress shall be decreased or increased under section 11(a) for the Congress which commences after the date of such statement. The joint committee shall submit with such statement a full and complete report of the facts upon which such statement is based. A copy of such statement shall be transmitted to the Clerk of the House of Representatives.

TIME CHANGES BECOME EFFECTIVE

SEC. 4. The changes prescribed in such statement shall become effective, with respect to the Congress which commences after the date of submission of such statement, upon the expiration of the first period of thirty calendar days of continuous session of the Congress following the date of submission of such statement, but only if between the date of submission and the expiration of such thirty-day period the Congress has not passed a concurrent resolution stating in substance that the Congress does not approve the statement. For the purposes of this section, continuity of session shall be considered as broken only by an adjournment of the Congress sine die, but, in the computation of the thirtyday period, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain.

DISAPPROVAL OF JOINT COMMITTEE'S ACTION

SEC. 5. (a) This section is enacted by the Congress

(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it shall be considered as part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in such House in the case of resolutions (as defined in subsection (b)); and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.

(b) As used in this subsection, the term "resolution" means only a concurrent resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: "That the Congress does not approve the statement relating to representation in the Congress submitted to the Congress by

the Joint Committee on Congressional Representation on blank spaces therein being appropriately filled.

19", the

(c) A resolution with respect to a statement shall be referred to a committee (and all resolutions with respect to the same statement shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be.

(d) (1) If the committee to which has been referred a resolution with respect to a statement has not reported it before the expiration of ten calendar days after its introduction (or, in the case of a resolution received from the other House, ten calendar days after its receipt), it shall then (but not before) be in order to move either to discharge the committee from further consideration of such resolution, or to discharge the committee from further consideration of any other resolution with respect to such statement which has been referred to the committee.

(2) Such motion may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to such statement), and debate hereon shall be limited to not to exceed one hour, to be equally divided between those favoring and those opposing the resolution. No amendment to such motion shall be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(3) If the motion to discharge is agreed to or disagreed to, such motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to such statement.

(e) (1) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to a statement, it shall be at any time thereafter be in order (even though a previous motion to the same effect

has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(2) Debate on the resolution shall be limited to not to exceed ten hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the reslution is agreed to or disagreed to.

(f) (1) All motions to postpone, made with respect to the discharge from the committee, or the consideration of a resolution with respect to a statement, and all motions to proceed to the consideration of other business, shall be decided without debate.

(2) All appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a statement shall be decided without debate.

(g) If, prior to the passage by one House of a resolution of that House with respect to a statement, such House receives from the other House a resolution with respect to such statement, then

(1) if no resolution of the first House with respect to such statement has been referred to committee, no other resolution with respect to such statement may be reported or (despite the provisions of paragraph (d)(1)) be made the subject of a motion to discharge; and

(2) if a resolution of the first House with respect to such statement has been referred to committee

(A) the procedure with respect to that or other resolutions of such House with respect to such statement which have been referred to committee shall be the same as if no resolution from the other House with respect to such statement had been received; but

(B) on any vote on final passage of a resolution of the first House with respect to such statement the resolution from the other House with respect to such statement shall be automatically substituted for the resolution of the first House.

VACANCIES; SELECTION OF CHAIRMAN AND VICE CHAIRMAN

SEC. 6. (a) Vacancies in the membership of the joint committee shall not, except as provided in section 8, affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as in the case of the original selection.

(b) The joint committee shall select a chairman and vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. The chairmanship shall alternate between the Senate and the House of Representatives with each Congress, and the chairman shall be selected by the members from that House entitled to the chairmanship. The vice chairman shall be chosen from the House other than that of the chairman by the members from that House.

POWERS OF THE JOINT COMMITTEE

SEC. 7. (a) In carrying out its functions, the joint committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings and investigations, to sit and act at such places and times, to require by subpena or otherwise, the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable.

(b) Subpenas may be issued over the signature of the chairman of the joint committee or by any member designated by him or by the joint committee, and may be served by such person or persons as may be designated by such chairman or member. The chairman of the joint committee or any member thereof may administer oaths to witnesses.

(c) The provisions of sections 102 to 104, inclusive, of the Revised Statutes, as amended, shall apply in the case of the failure of any witness to comply with a subpena or to testify when summoned under authority of this section.