Page:United States Statutes at Large Volume 78.djvu/291

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[78 STAT. 249]
PUBLIC LAW 88-000—MMMM. DD, 1964
[78 STAT. 249]

78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

249

SEC. 408. I n any action or proceeding under this title the United States shall be liable for costs the same as a private person. SEC. 409. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination m public education. SEC. 410. Nothing in this title shall prohibit classification and assignment for reasons other than race, color, religion, or national origin. TITLE V—COMMISSION ON C IV I L E I G H T S SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71 Stat. 634) is amended to read as follows: "RULES o r PROCEDURE OF THE COMMISSION HEARINGS

"SEC. 102. (a) At least thirty days prior to the commencement of any hearing, the Commission shall cause to be published in the Federal Register notice of the date on which such hearing is to commence, the place at which it is to be held and the subject of the hearing. The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing. " (b) A copy of the Commission's rules shall be made available to any witness before the Commission, and a witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the Commission's rules at the time of service of the subpena. " (c) Any person compelled to appear in person before the Commission shall be accorded the right to be accompanied and advised by counsel, who shall have the right to subject his client to reasonable examination, and to make objections on the record and to argue briefly the basis for such objections. The Commission shall proceed with reasonable dispatch to conclude any hearing in which it is engaged. Due regard shall be had for the convenience and necessity of witnesses. " (d) The Chairman or Acting Chairman may punish breaches of order and decorum by censure and exclusion from the hearings. "(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence or testimony in executive session. The Commission shall afford any person defamed, degraded, or incriminated by such evidence or testimony an opportunity to appear and be heard in executive session, with a reasonable number of additional witnesses re?nested by him, before deciding to use such evidence or testimony, n the event the Commission determines to release or use such evidence or testimony in such manner as to reveal publicly the identity of the person defamed, degraded, or incriminated, such evidence or testimony, prior to such public release or use, shall be given at a public session, and the Commission shall afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others. The Commission shall receive and dispose of requests from such person to subpena additional witnesses. " (f) Except as provided in sections 102 and 105(f) of this Act, the Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses. " (g) No evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public

Publication in Federal Register.

Right of counsel.

Executive ses" sions.

Testimony, release restrictions.