ESTABLISHMENT OF THE COMMISSION ON CIVIL RIGHTS SECTION 1. (a) There is created in the executive branch of the Government a Commission on Civil Rights (hereinafter called the "Commission"). (b) The Commission shall be composed of six members who shall be appointed by the President by and with the advice and consent of the Senate. Not more than three of the members shall at any one time be of the same political party. (c) The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman, or in the event of a vacancy in that office. (d) Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner, and subject to the same limitation with respect to party affiliation, as the original appointment was made. (e) Four members of the Commission shall constitute a quorum. COMPENSATION OF MEMBERS OF THE COMMISSION SEC. 2. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $50 per day for each day spent in the work of the Commission, shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12 in lieu of actual expenses for subsistence, inclusive of fees or tips to porters and stewards. (b) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12 in lieu of actual expenses for subsistence, inclusive of fees or tips to porters and stewards. DUTIES OF THE COMMISSION SEC. 3. (a) The Commission shall (1) investigate the allegations that certain citizens of the United States are being deprived of their right to vote or are being subjected to unwarranted economic pressures by reason of their color, race, religion, or national origin; (2) study and collect information concerning economic, social, and legal developments constituting a denial of equal protection of the laws under the Constitution; and (3) appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution. (b) The Commission shall submit interim reports to the President at such times as either the Commission or the President shall deem desirable, and shall submit to the President a final and comprehensive report of its activities, findings, and recommendation not later than two years from the date of the enactment of this statute. (c) Sixty days after the submission of its final report and recommendations the Commission shall cease to exist. POWERS OF THE COMMISSION SEC. 4. (a) Within the limitation of its appropriations, the Commission may appoint a full-time staff director and such other personnel as it deems advisable, in accordance with the civil service and classification laws, and may procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U. S. C. 55a) but at rates for individuals not in excess of $50 per diem. (b) The Commission may accept and utilize services of voluntary and uncompensated personnel and pay any such personnel actual and necessary traveling and subsistence expenses incurred while engaged in the work of the Commission (or, in lieu of subsistence, a per diem allowance at a rate not in excess of $12). (c) The Commission may constitute such advisory committees and may consult with such representatives of State and local governments, and private organizations, as it deems advisable. (d) All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties. (e) The Commission, or on the authorization of the Commission any subcommittee of two or more members, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpenas for the attendance and testimony of witnesses and/or the production of written or other matter may be issued over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman. (f) In case of contumacy or refusal to obey a subpena, any district court of the United States or the United States Court of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy of refusal to obey is found or resides or transacts business, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. APPROPRIATIONS SEC. 5. There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, so much as may be necessary to carry out the provisions of this Act. Mr. YOUNG. H. R. 5205, a bill to extend to members of the Armed Forces the same protection against bodily attack as is now granted to personnel of the Coast Guard. Presented to the Senate on January 17, 1956. Referred to Constitutional Rights Subcommittee on January 18, 1956. Reported favorably from the subcommittee to the full committee on February 23, 1956, with a correction date as of subcommittee action to be placed in the record when available. I offer that bill H. R. 5205 as an exhibit in the record. Senator JOHNSTON. It may be so included. (H. R. 5205 is as follows:) [H. R. 5205, 84th Cong., 2d sess.] AN ACT To extend to members of the Armed Forces the same protection against bodily attack as is now granted to personnel of the Coast Guard Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 114 of title 18, United States Code, is amended by striking out the words "man of the Coast Guard," and inserting in lieu thereof the words "member of the Army, Navy, Air Force, Marine Corps, or Coast Guard,". Passed the House of Representatives January 16, 1956. RALPH R. ROBERTS, Clerk. Mr. YOUNG. I have before me a subcommittee print, Senate, 84th Congress, 2d session, entitled, "Extending protection against bodily attack to members of the Armed Forces," a report to accompany H. R. 5205. I offer that print at the present time as an exhibit to the record. Senator JOHNSTON. It may become an exhibit, hearing no objection. The report referred to is reprinted herewith. [Senate subcommittee print] EXTENDING PROTECTION AGAINST BODILY ATTACK TO MEMBERS OF THE ARMED FORCES The Committee on the Judiciary, to which was referred the bill (H. R. 5205) to extend to members of the Armed Forces the same protection against bodily attack as is now granted to personnel of the Coast Guard, having considered the same, reports favorably thereon, without amendment, and recommends that the bill do pass. PURPOSE The purpose of the proposed legislation is to extend to all members of the Armed Forces the same protection afforded to personnel of the Coast Guard and to certain civilian officers and employees of the United States enumerated in title 18 United States Code, section 1114. STATEMENT Under section 1114 of title 18, certain Federal employees are granted protection against assault, manslaughter, and murder while engaged in, or on account of, the performance of official duties. Officers and employees presently protected include: 1. Officers and enlisted men of the Coast Guard; 2. Judges of the United States; 3. United States attorneys and their assistants; 4. United States marshals and their deputies; 5. Post-office inspectors; 6. Officers and employees of United States penal and correctional institutions; 7. Secret Service personnel; 8. Customs personnel; 9. Internal-revenue personnel; 10. Immigration officers; 11. United States game wardens; 12. Bureaus of Narcotics personnel; 13. Personnel of the Federal Bureau of Investigation in the Department of Justice; 14. National Park Service personnel; 15. Bureau of Land Management personnel; 16. Employees of the Bureau of Animal Industry of the Department of Agriculture; and 17. Personnel of the Indian field service of the United States. If any of these persons are killed while engaged in, or on account of, the performance of their official duties, the killer is liable to prosecution under sections 1111 and 1112 of title 18 of the United States Code. These two sections punish murder and manslaughter. Furthermore section 111 of title 18 of the United States Code punishes any who assault, resist, or impede any of the above persons while engaged in or on account of the performance of their official duties. Members of the armed services are protected by Federal criminal laws while they are within the special maritime and territorial jurisdiction of the United States as defined in section 7 of title 18 of the United States Code. This includes United States military bases, installations, vessels, etc. However, the duties of members of the armed services often take them away from these places. This legislation is necessary to give these highly deserving persons complete Federal criminal-law protection. The Department of Defense recommended, and the House of Representatives approved, an amendment to this legislation which would make this protection of law available to servicemen whether or not they are in uniform. The companion Senate bill, as introduced, did not contain this amendment and the subcommittee is submitting the legislation to the full committee, leaving to the committee's determination whether such an amendment should be included. Reports on this legislation were received from the Departments of Defense, Justice, and Treasury. The Department of Defense favors the enactment of this legislation. The Departments of Justice and Treasury make no comment on the advisability of enacting this legislation but raise a question as to the appropriateness of including members of the armed services in this section. They suggest that section 1114 is designed to protect law-enforcement officers exclusively. The subcommittee considered this question and concluded that members of the armed services are fully entitled to this protection, and that it is perfectly appropriate that they be included in this section. In addition, the duties of members of the armed services are often as closely related to law enforcement as many of the now protected officers and employees and certainly their duties are equally if not more valuable to the protection of the country. Attached hereto and made a part hereof are the reports of the Departments of Air Force, Justice, and Treasury, made in connection with this legislation. THOMAS C. HENNINGS, Jr. JOSEPH C. O'MAHONEY. DEPARTMENT OF THE AIR FORCE, Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. CHAIRMAN: Reference is made to your request for the views of the Department of Defense on H. R. 5205, 84th Congress, a bill to extend to uniformed members of the Armed Forces the same protection against bodily attack as is now granted to personnel of the Coast Guard. The Secretary of Defense has delegated to this Department the responsibility for expressing the views of the Department of Defense on this matter. The purpose of the proposed legislation is to extend to all members of the Armed Forces the same protection afforded to certain civilian officers and employees of the United States, and personnel of the Coast Guard, as enumerated in title 18, United States Code, section 1114. To accomplish this the bill would amend title 18, United States Code, section 1114, by substituting the words "uniformed members of the Army, Navy, Air Force, Marine Corps, or Coast Guard", in lieu of the words "man of the Coast Guard" as they now appear in the statute. It is the view of the Department of Defense that the protection afforded other Government personnel by sections 1111 and 1114 of title 18 United States Code, should be extended to members of the Armed Forces. However, the use of the words "uniformed members" in this bill invites the interpretation that the amended section would not be applicable to enlisted members of the Armed Forces who are performing official duties, but who are not in uniform. There is no such limitation on the protection given enlisted members of the Coast Guard under existing law, nor does it appear that the wearing of the uniform should be a necessary requisite for the protection which would be afforded under the proposed legislation. The courts have held that, to be amenable to punishment under such a statute, a killer need not know that he is killing an officer, agent, or employee of the United States (McNabb v. U. S., C. C. A. Tenn. 1941, 123 F. (2d) 848; cert. den., 316 U. S. 658). It is therefore recommended that the word. "uniformed" be stricken from the title of the proposed legislation, and that the word "member" be inserted in lieu of the words "uniformed members" in the fifth line of the bill. Subject to amendment in the foregoing manner, the Department of Defense would favor enactment of H. R. 5205. The Department of Defense is unable to estimate the fiscal effects of such legislation. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that there is no objection to the submission of this report. Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN: This is in response to your request for the views, of the Department of Justice relative to the bill (H. R. 5205) to extend to uniformed members of the Armed Forces the same protection against bodily attack as is now granted to personnel of the Coast Guard. Section 1114 of title 18, United States Code, now provides that whoever kills any of certain designated officers or employees of the United States while engaged in the performance of their official duties, or on account of the performance of such duties, shall be punished as provided in sections 1111 and 1112, which relate, respectively, to murder and manslaughter. Section 111 of title 18 makes it a felony forcibly to assault, resist, oppose, impede, intimidate, or interfere with any of the persons designated in section 1114 while such persons are engaged in or on account of the performance of their official duties. The bill would amend section 1114 by striking from the list therein contained the words "man of the Coast Guard" and inserting in place thereof the words "uniformed members of the Army, Navy, Air Force, Marine Corps, or Coast Guard." Its effect would be to extend coverage of sections 1114 and 111 to all members of the Armed Forces while in uniform. The committee's attention is called to the fact that this statute which was formerly section 253 of title 18, though amended from time to time, has included within its protection only persons whose duties involve potential risks or hazards in connection with law enforcement. Coast Guard personnel appear to have been within the protection of the section by reason of their function in protecting the revenue under section 52 of title 14 of the United States Code. Another consideration is the possible effect which this enactment would have upon the workload of the Federal courts and Federal prosecutive staffs, for it may well be anticipated that numerous minor skirmishes involving members of the Armed Forces would call for the exercise of Federal prosecutive measures. Whether or not the bill should be enacted constitutes a question of policy concerning which the Department of Justice prefers to make no comment. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely, WILLIAM P. ROGERS, Deputy Attorney General. DEPARTMENT OF THE TREASURY, April 15, 1955. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Reference is made to the request of your committee for the views of the Treasury Department on H. R. 5205, to extend to uniformed members of the Armed Forces the same protection against bodily attack as is now granted to personnel of the Coast Guard. The purpose of H. R. 5205 is to extend to uniformed members of the other Armed Forces the protection afforded officers and enlisted men of the Coast Guard by section 1114 of title 18, United States Code. Section 1114, inter alia, makes it a Federal crime to kill an officer or enlisted man of the Coast Guard, while engaged in the performance of official duties. Enactment of the bill would have the effect of also extending to members of the other Armed Forces the protection afforded by section 111 of title 18, United States Code, which makes it a Federal crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with any person designated in section 1114 while engaged in or on account of his official duties. It would appear that the primary purpose of sections 111 and 1114 of title 18, United States Code, is to protect Federal law enforcement officers while engaged in their duties. The affording to Coast Guard personnel of the protection provided by these sections would seem to be due to the law enforcement functions performed by the Coast Guard. Whether such protection should be extended to all military personnel would appear not to be of primary concern to the Treasury Department, and for that reason no comments are submitted relative to the merits of the bill. Very truly yours, CHANGES IN EXISTING LAW DAVID W. KENDALL, In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, certain changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): |