(3) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(4) The term “local educational agency” means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a city, county, township, school district, or political subdivision in a State; and includes any State agency which directly operates and maintains public schools.

FEDERAL ADMINISTRATION

SEC. 7. (a) The Commissioner shall collect and disseminate such information on the progress of desegregation in the public schools in the several States as may be useful to educational and other public officials, agencies, and organizations in effecting desegregation in such schools.

(b) The Commissioner shall, upon request, provide information and technical assistance to State or local officials, which will aid them in developing plans and programs for effecting desegregation in public schools, and, upon request of such officials, shall initiate or participate in conferences dealing with the educational aspects of problems arising in connection with efforts to comply with applicable court desegregation decisions or decrees.

(c) The Commissioner may delegate to any officer or employee of the Office of Education any of his powers and duties under this Act, except the promulgation of regulations.

(d) No appropriations may be made pursuant to section 2 for any fiscal year ending after June 30, 1961. Prior to the close of January 1961, the Secretary of Health, Education, and Welfare shall submit to the Congress a full report of the administration of this Act, together with his recommendations as to whether it should be extended and as to any modification of its provisions he deems appropriate.

(e) There are hereby authorized to be appropriated such sums as may be necessary to administer the provisions of this Act.

[S. 959, 86th Cong., 1st sess.]

A BILL To amend Public Laws 815 and 874, Eighty-first Congress, to provide for the education of children of members of the Armed Forces in communities in which the public schools are closed

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (a) of section 6 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress, relating to arrangements for the provision of free public education for children residing on Federal property where local educational agencies are unable to provide such education, is amended by inserting after the first sentence the following new sentence: "Such arrangements to provide free public education may also be made for children of members of the Armed Forces on active duty if the schools in which free public education is usually provided for such children are made unavailable to them as a result of official action by State or local governmental authority and it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children."

(b) (1) The first sentence of subsection (d) of such section 6 is amended by adding before the period at the end thereof: "or, in the case of children to whom the second sentence of subsection (a) applies, with the head of any Federal department or agency having jurisdiction over the parents of some or all of such children".

(2) The second sentence of such subsection (d) is amended by striking out "Arrangements" and inserting in lieu thereof "Except where the Commissioner makes arrangements pursuant to the second sentence of subsection (a), arrangements".

SEC. 2. (a) Section 6(b) (1) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), relating to applications for school construction projects with respect to which Federal aid is requested, is amended by striking out "and" at the end of clause (F), by striking out the period at the end of

clause (G) and inserting in lieu thereof "; and", and by adding after clause (G) the following new clause:

"(H) assurance that such agency will make the school facilities included in any such project, the application for which is approved after enactment of this clause, available to the Commissioner pursuant to section 10(b).” (b) Section 10 of such Act, relating to arrangements for facilities for the provision of free public education for children residing on Federal property where local educational agencies are unable to provide such education, is amended by inserting after the first sentence the following new sentence: "Such arrangements may also be made to provide, on a temporary basis, minimum school facilities for children of members of the Armed Forces on active duty, if the schools in which free public education is usually provided for such children are made unavailable to them as a result of official action by State or local governmental authority and it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children."

(c) Section 10 of such Act is further amended by inserting "(a)" after "SEC. 10.", and by adding at the end thereof the following new subsection. "(b) Whenever the Commissioner determines that

"(1) any school facilities with respect to which payments were made under section 7 of this Act, pursuant to an application approved under section 6 after the enactment of this subsection, are not being used by a local educational agency for the provision of free public education, and

"(2) such facilities are needed in the provision of minimum facilities under subsection (a).

he shall notify such agency of such determination and shall thereupon be entitled to possession of such facilities for purposes of subsection (a), on such terms and conditions as may be prescribed in regulations of the Commissioner. Such regulations shall include provision for payment of rental in an amount which bears the same relationship to what, in the judgment of the Commissioner, is a reasonable rental for such facilities as the non-Federal share of the cost of construction of such facilities bore to the total cost of construction thereof (including the cost of land and off-site improvements), adjusted to take into consideration the depreciation in the value of the facilities and such other factors as the Commissioner deems relevant. Upon application by the local educational agency for the school district in which such facilities are situated and determination by the Commissioner that such agency is able and willing to provide suitable free public education for the children in the school district of such agency to whom section 10 is applicable, or upon determination by the Commissioner that such facilities are no longer needed for purposes of subsection (a), possession of the facilities shall be returned to such agency. Such return shall be effected at such time as, in the judgment of the Commissioner, will be in the best interest of the children who are receiving free public education in such facilities, and in the light of the objectives of this Act and the commitments made to personnel employed in connection with operation of such facilities pursuant to arrangements made by the Commissioner."

[S. 960, 86th Cong., 1st sess.]

A BILL To amend the Civil Rights Act of 1957 to afford the Civil Rights Commission an additional two years within which to submit its final report, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 104(b) of the Civil Rights Act of 1957 (71 Stat. 635; 42 U.S.C., Supp. V 1975c (b)) is amended to read as follows:

(b) The Commission shall submit an interim report to the President and to the Congress not later than September 1, 1959, and at such other times as either the Commission or the President shall deem desirable. It shall submit to the President and to the Congress a final and comprehensive report of its activities, findings, and recommendations not later than four years from the date of enactment of this Act."

[S. 1848, 86th Cong., 1st sess.]

A BILL To declare certain rights of all persons within the jurisdiction of the United States, and for the protection of such persons from lynching, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asembled, That this Act may be cited as the "Federal Antilynching Act".

PURPOSES

SEC. 2. The Congress finds that the succeeding provisions of this Act are necessary in order to accomplish the following purposes:

(a) To insure the most complete and full enjoyment by all persons of the rights, privileges, and immunities secured and protected by the Constitution of the United States, and to enforce the provisions of the Constitution.

(b) To safeguard the republican form of government of the several States from the lawless conduct of persons threatening to destroy the systems of public criminal justice therein and threatening to frustrate the functioning thereof through duly constituted officials.

RIGHT TO BE FREE OF LYNCHING

SEC. 3. It is hereby declared that the right to be free from lynching is a right of all persons, whether or not citizens of the United States, who are within the jurisdiction of the United States. As to all such persons, such right accrues by virtue of the provisions of the Constitution of the United States. As to citizens of the United States, such right additionally accrues by virtue of such citizenship. Such right is in addition to the same or any similar right or rights they may have as persons within the jurisdiction of, or as citizens of, the several States, the District of Columbia, the Territories, possessions, or other areas within the exclusive jurisdiction of the United States.

DEFINITIONS

SEC. 4. (a) Whenever two or more persons shall knowing in concert (1) kill or attempt to kill or commit or attempt to commit serious physical injury upon any person or persons because of his or their race, creed, color, or national origin, or (2) exercise or attempt to exercise any power of correction or punishment over any person or persons in the custody of any governmental officer or employee or suspected of, charged with, or convicted of the commission of any criminal offense, by killing or committing serious physical injury upon or attempting to kill or commit serious physical injury upon such person or persons, with the purpose or consequence of preventing the apprehension or trial or punishment by law of such person or persons, or of imposing a punishment not authorized by law, such persons acting knowingly in concert shall constitute a lynch mob within the meaning of this Act. Any such action, or attempt at such action, by a lynch mob shall constitute lynching within the meaning of this Act.

(b) The term "governmental officer or employee", as used in this Act, shall mean any officer or employee of a State or any governmental subdivision thereof, or any officer or employee of the United States, the District of Columbia, or any Territory, possession, or other area within the exclusive jurisdiction of the United States.

PUNISHMENT FOR LYNCHING

SEC. 5. Any person, whether or not a governmental officer or employee, (a) who is a member of a lynch mob or (b) who knowingly instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever, shall, upon conviction, be fined not more than $1.000, or imprisoned not more than one year, or both: Provided, however, That where such lynching results in death or maiming or other serious physical or mental injury, constituting a felony under applicable State, District of Columbia, Territorial, or similar law, any such person shall, upon conviction, be fined not more than $10,000, or imprisoned not more than twenty years, or both. A felony, for purposes of this section, shall be deemed an offense which, under applicable State, District of Columbia, Territorial, or similar law, is punishable by imprisonment for more than one year.

PUNISHMENT FOR KNOWING FAILURE TO PREVENT OR PUNISH LYNCHING

SEC. 6. Whenever a lynching shall occur, (a) any governmental officer or employee who shall have been charged with the duty or shall have possessed the authority as such officer or employee to prevent the lynching, but shall have neglected, refused, or knowingly failed to make all diligent efforts to prevent the lynching, and (b) any governmental officer or employee who shall have had custody of a person or persons lynched and shall have neglected, refused, or knowingly failed to make all diligent efforts to protect such person or persons from lynching, and (c) any governmental officer or employee who, in violation of his duty as such officer or employee, shall neglect, refuse, or knowingly fail to make all diligent efforts to apprehend, keep in custody, or prosecute any person who is a member of the lynch mob or who knowingly instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever, shall be guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding $5,000 or by imprisonment not exceeding five years, or by both.

DUTY OF ATTORNEY GENERAL OF THE UNITED STATES

SEC. 7. The Attorney General of the United States shall cause an investigation to be made to determine whether there has been any violation of this Act, whenever information on oath is submitted to him that a lynching has occurred, and (a) that any governmental officer or employee who shall have been charged with the duty or shall have possessed the authority as such officer or employee to prevent such lynching, has neglected, refused, or knowingly failed to make all diligent efforts to prevent such lynching, or (b) that any governmental officer or employee who shall have had custody of a person or persons lynched and has neglected, refused, or knowingly failed to make all diligent efforts to protect such person or persons from lynching, or (c) that any governmental officer or employee, in violation of his duty as such officer or employee, has neglected, refused, or knowingly failed to make all diligent efforts to apprehend, keep in custody, or prosecute any person who is a member of the lynch mob or who knowingly instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever.

SEVERABILITY CLAUSE

SEC. 8. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

Mr. SLAYMAN. And Mr. Chairman, we have a two-page letter accompanying a statement from the Japanese American Citizens League to go in the record of the civil rights hearings.

Senator ERVIN. That will be admitted in the record at this point. (The documents referred to are as follows:)

Mr. CHARLES SLAYMAN,

WASHINGTON OFFICE, JAPANESE AMERICAN CITIZENS LEAGUE, Washington, D.C., May 14, 1959.

Chief Counsel, Subcommittee on Constitutional Rights, Committee on the Judiciary, U.S. Senate, Washington, D.C.

DEAR CHARLES: Enclosed for inclusion in the record of the current hearings on civil rights are three copies of a letter to the chairman, Senator Hennings, expressing JACL's concern for the speedy enactment of this legislation because of international consequences which may result from our failure to act immediately.

Following our telephone discussion of over a week ago, I have done some research into the subject and have come up with a conclusion that the Japanese militarists and nationalists deliberately used the deprivation of civil rights and discrimination against persons of Japanese ancestry on the west coast as one of the contributory factors to World War II.

I have not had a chance to try the statement on some of my colleagues in the JACL or my friends in the Japanese Embassy, but I believe that what we have to submit may be a contribution to the general consideration of this problem.

We would appreciate it if you would call our letter to the attention of your chairman, and that when it is printed in the record, you would be good enough to send me two copies and send a copy to the following:

Shigeo Wakamatsu, national president, Japanese American Citizens League, 6231 South Ellis Street, Chicago, Ill.

Toru Sakahara, national vice president, Japanese American Citizens League, 316 Maynard Avenue, Seattle, Wash.

Harold Gordon, chairman, National Legislative-Legal Committee, JACL, Suite 2200 Metropolitan Building, 134 North La Salle Street, Chicago, Ill.

Masao Satow, National Director, Japanese American Citizens League, 1634 Post
Street, San Francisco, Calif.
Kindest personal regards,

Sincerely,

MIKE M. MASAOKA, Washington Representative.

JAPANESE AMERICAN CITIZENS LEAGUE,

WASHINGTON OFFICE, Washington, D.C., May 14, 1959.

Hon. THOMAS C. HENNINGS, Jr., Chairman, Subcommittee on Constitutional Rights, Committee on the Judiciary, Senate of the Congress of the United States, Washington, D.C. DEAR MR. CHAIRMAN: During the past several months, your subcommittee has listened to scores of witnesses on the subject of civil rights legislation.

Among those who have testified for speedy enactment of meaningful civil rights have been the spokesmen for the Leadership Conference on Civil Rights, of which the Japanese American Citizens League (JACL) is proud to be a charter member. Along with most other members of that organization-to enable your subcommittee to conclude these hearings as soon as possible and to report legislation for congressional consideration this session-JACL authorized spokesmen for the leadership conference to present our general views on this vital subject, since the thinking and the objectives of all national organizations concerned with the multitudinous implications of civil rights are

as one.

JACL, too, is concerned with the growing lawlessness in our country and agrees that the enactment of effective, enforced civil rights statutes is necessary not only to protect the lives and rights of individual Americans without regard to race or religion but also to promote the general welfare of our Nation, as well as our international relations.

By no means do we minimize the importance of this legislation to our domestic, internal well-being. We do feel, however, that many more eloquent and expert than we have already expressed our thoughts on this aspect. On the other hand, since the international implications have only been mentioned briefly and in passing, as the only national organization of Americans of Japanese ancestry-indeed, of Asian ancestry-in this country, we feel obliged to make some contribution in this respect.

Today, when we, as a Nation dedicated to the democratic ideal, are engaged in a life-and-death struggle with what has come to be known as Communist imperialism, many of us who are members of the JACL feel very strongly that, perhaps, most Americans do not appreciate the crucial significance of our internal race relations to the winning of the cold war-and possible survival.

Out of our experience and knowledge, we Americans of Japanese ancestry sincerely believe that one of the tragic consequences of the now historic antioriental agitation, particularly against the Japanese, on the west coast, and especially California, was World War II in the Pacific.

We do not, of course, suggest that the racial persecution and discrimination of persons of Japanese ancestry in our Pacific Coast States alone caused the Pacific war. But we do submit that this bigotry and prejudice was a substantial contributory factor. And, historians, political scientists, sociologists, diplomats, and even Government and congressional officials have admitted this fact.

Bradford Smith, who wrote "Americans From Japan," in 1948, third in the J. B. Lippincott Co.'s "The Peoples of America" series, under a Guggenheim fellowship, documents much of the case. Other writers of the wartime mistreatment of