(ii) the voting district is in a State where less than 50 per centum of the total number of all persons of voting age residing in the entire State voted in the November 1964 election.

(d) Upon the establishment of an office of Federal registrar in any voting district, the President shall appoint a sufficient number of Federal registrars for such voting district to achieve the purpose of this title from among officers or employees of the United States who receive basic compensation at a rate of basic salary which is equivalent to at least grade 12 of the General Schedule of the Classification Act of 1949. Each individual, so appointed as a Federal registrar, shall serve without compensation in addition to that received for his regular office or employment, but while engaged in the performance of the duties of a registrar shall be allowed travel and subsistence expenses while away from his home or regular post of duty in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations.

(e) Each individual who is appointed a Federal registrar for a voting district shall perform the duties required by this Act, as may be designated by the President, until such time as he is relieved of such duties by the President, or until the office of Federal registrar for such voting district is terminated by the President as provided in subsection (f).

(f) Whenever the President determines that denial of the right to vote has cased in any voting district for which he has established an office of Federal registrar, he shall terminate the office of Federal registrar for such voting district.

(g) If, after the termination of the office of Federal registrar for a voting district, the President determines in accordance with subsection (b) or (c) that it is necessary and appropriate to reestablish the office for such voting district in order to enforce the provisions of this Act, he shall do so and appoint one or more Federal registrars for such area as provided in subsection (d).

REGISTRATION BY FEDERAL REGISTRARS

SEC. 202. The Congress hereby finds

(a) the qualifications and other conditions prescribed by State laws for voting, or registering to vote, in Federal and State elections, other than qualifications based upon age, residence, citizenship, mental competency, and absence of conviction for a felony, are susceptible of use, and have been used, to deny persons the right to vote, because of their race or color; and (b) the application of qualifications and other conditions by Federal registrars appointed under this title, other than those excepted in subsection (a), would impede and obstruct Federal registrars in the performance of their duties.

SEC. 203. (a) The Federal registrar or registrars for any voting district shall, upon application therefor, register to vote in elections held in such voting district any individual whom the Federal registrar finds to have the requisite qualifications as to citizenship, age, residence, mental competency, and absence of conviction for a felony under the laws of the State in which such voting district is located. An individual so registered by a Federal registrar shall receive a certificate identifying him as a person so qualified to vote in such elections.

(b) If a State imposes or has imposed qualifications with respect to citizenship, age, residence, mental competency, or absence of conviction for a felony more restrictive than those in effect on May 17, 1954, the Federal registrar or registrars in that State shall apply the State law in effect on May 17, 1954.

(c) The Federal registrar or registrars for any voting district shall conform to regulations promulgated by the President wth respect to the time, place, and manner of the performance of the duties prescribed by this Act.

(d) The Federal registrar or registrars of any voting district shall, from time to time, transmit certifications to the proper State and local officials of the individuals who have been registered by them. Such certifications shall be final and not subject to judicial review except as provided in section 205.

(e) All persons certified for registration by Federal registrars in a voting district shall continue to be entitled to vote in any election held in such voting district during the period of service of a Federal registrar in such district, notwithstanding the requirement of reregistration or any other requirement by the State in which such voting district is located. After the office of Federal registrar for any voting district is terminated, all persons certified for registration by Federal registrars in such voting district shall continue to be entitled

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to vote in any election held in such voting district, if reregistration is required under the laws of the State in which such voting district is located, until they have reasonable opportunity to reregister without discrimination on account of their race or color.

VOTING IN ELECTIONS

SEC. 204. Each individual who is registered by a Federal registrar pursuant to section 203 shall have the right to vote, and to have such vote counted, in any election held in the voting district where he resides during the effective period of his registration, unless after his registration and prior to any such election the Federal registrar determines that by reason of any of the qualifications specified in section 203 (a) of this Act he has become ineligible to vote in such elections.

ENFORCEMENT

SEC. 205. (a) Any challenge to the eligibility to vote of persons registered under section 203 of this Act, or any review of the denial of registration by a Federal registrar under section 203 shall be within the sole jurisdiction of the United States circuit court of appeals for the circuit in which the voting district is located. Each person registered under this Act shall be permitted to cast his vote and have it counted pending the determination by the reviewing court of the validity of such challenge or challenges. Any challenge to the eligibility of a person to register under this Act shall be made within five days following such registration, except that challenges shall be in order in any case of fraud or ineligibility arising after registration.

(b) The provisions of this Act shall be enforceable by appropriate civil actions instituted in the district courts of the United States by the Attorney General, for or in the name of the United States. When necessary to assure persons registered under this Act of the right to vote and to have their votes counted, the district court concerned shall issue permanent or temporary injunctions or other orders directed to appropriate State or local voting officials, requiring them to permit persons so registered to cast their votes and have them counted and staying the certification of the results of such election pending the determination by the court in the case involved.

(c) The provisions of section 2004 of the Revised Statutes (42 U.S.C. 1971) shall be applicable with respect to all cases of criminal contempt arising under the provisions of this Act.

(d) The provisions of section 2004 of the Revised Statutes (42 U.S.C. 1971) shall be applicable with respect to all threats of intimidation or coercion of persons seeking to register and vote under the provisions of this Act.

CONTINUED EFFECT PENDING JUDICIAL REVIEW

SEC. 206. In any case in which a challenge is made to the constitutionality of this Act, the appropriate reviewing court shall issue an order authorizing the provisions of this Act and the authority granted therefrom to continue in effect pending determination of the validity of such challenge.

TITLE III-PROHIBITION OF POLL TAXES

SEC. 301. The Congress hereby finds

(a) that the requirement of the payment of a poll tax as a prerequisite to voting has historically been one of the methods used to circumvent the fourteenth and fifteenth amendments, and that the passage of laws establishing such a requirement in the States still retaining this requirement was for the purpose, in whole or in part, of denying persons the right to vote because of race or color, and that this requirement has been and is being applied discriminatorily so as to deprive persons of the right to vote because of race or color;

(b) that the requirement of the payment of a poll tax as a condition upon or a prerequisite to voting is not a bona fide qualification of an elector, but an arbitrary and unreasonable restriction upon the right to vote in violation of the fourteenth and fifteenth amendments.

SEC. 302. No State shall require the payment of a poll tax as a condition upon or a prerequisite to voting in any election conducted under its authority.

TITLE IV-MISCELLANEOUS

SEC. 401. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

SECTION 2004 OF THE REVISED STATUTES

SEC. 402. Section 2004 of the Revised Statutes (42 U.S.C. 1971) is amended as follows:

(a) In subsections (a)(2) and (c), strike out "Federal", immediately preceding "election", wherever it appears in such subsections.

(b) Strike out subsection (f) thereof.

EXERCISE OF FUNCTIONS CONFERRED UPON PRESIDENT

SEC. 403. (a) The President may delegate authority to exercise any of the functions conferred upon him by this Act to such officer of the United States Government as he shall direct.

(b) In making numerical determinations required under this Act, the President may make such determinations on the best statistical information available to him.

[H.R. 6340, 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 Preseident 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 a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico, shall have fulfilled all literacy, 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 has 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 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. 6341, 89th Cong., 1st sess.]

A BILL To implement the provisions of section 2 of article XIV of the Constitution of the United States and section 22 of the Revised Statutes (2 U.S.C. 6) which require that the basis of representation of each of the several States in the House of Repre sentatives shall be reduced in proportion to the number of adult citizen inhabitants of such State whose right to vote is denied or abridged

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

AMENDMENT TO TITLE 13, UNITED STATES CODE

SECTION 1. Section 141 of title 13, United States Code, relating to decennial censuses of population, is amended to read as follows:

"§ 141. Population, unemployment, housing

“(a) (1) The Secretary shall, in the year 1970 and every ten years thereafter, take a census of population, unemployment, and housing (including utilities and equipment) as of the first day of April, which shall be known as the census date. "(2) In taking the censuses prescribed by this section, the Secretary shall“(A) ascertain and determine the total population of each State: "(B) ascertain and determine the total number of inhabitants of each State twenty-one years or more of age and citizens of the United States, and, with respect to each such individual, the number of his years of formal education and whether or not he is registered to vote as of the census date;

"(C) ascertain and determine for the entire Nation, the percentage which the number of registered voters twenty-one years or more of age is of the total number of citizens twenty-one years or more of age in each of the following classifications:

"(i) individuals with eight or fewer years of formal education, "(ii) individuals with more than eight and up to and including twelve years of formal education, and

"(iii) individuals with more than twelve years of formal education; "(D) ascertain and determine for each State, the total number of individuals which would be produced if the number of citizens twenty-one years or more of age in each of the educational classifications specified in paragraph (C) were multiplied by the national percentages for such classification as determined under paragraph (C);

"(E) if the number computed under paragraph (D) for any State exceeds the actual number of registered voters twenty-one years or more of age in such State, ascertain and determine the difference between the number of individuals computed under paragraph (D) for such State and the actual number of registered voters twenty-one years or more of age in such State. The right to vote of the number of persons in such State represented by such difference shall be considered to have been denied or abridged within the meaning of section 2 of article XIV of the Constitution of the United States and section 22 of the Revised Statutes (2 U.S.C. 6); ̧

"(F) ascertain and determine for each State to which paragraph (E) applies the proportion which the number of individuals determined under paragraph (E) is of the total number of inhabitants twenty-one years or more of age and citizens of the United States.

The Secretary is authorized to inspect voting registration records in any State for purposes of this section.

"(b) The Secretary shall complete, within eight months following the census date, and report to the President of the United States the tabulation (as required for the apportionment of Representatives in Congress) of—

"(A) the total population of each State.

"(B) the proportion, if any, described in paragraph (F) of subsection (a) (2) of this section with respect to each State to which paragraph (E) of such subsection (a) (2) applies, and

"(C) the total population of each State to which paragraph (E) of subsection (a) (2) of this section applies as reduced in any such proportion described in paragraph (F) of such subsection (a) (2) with respect to such State.".