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78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

241

Public Law 88-352
AN ACT
To enforce the constitutional right to vote, to confer jurisdiction upon the
district courts of the United States to provide injunctive relief against
discrimination in public accommodations, to authorize the Attorney General to
institute suits to protect constitutional rights in public facilities and public
education, to extend the Commission on Civil Rights, to prevent discrimination
in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

Be it enacted hy the Senate and House of Representatives of the
Vnited States of America in Congress assembledy That this Act may
be cited as the "Civil Eights Act of 1964".

July 2, 1964
[H. R. 7152]

Civil Rights
Act of 1964.

T I T L E I—VOTING R I G H T S
SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971),
as amended by section 131 of the Civil Rights Act of 1957 (71 Stat.
637), and as further amended by section 601 of the Civil Rights Act
of 1960 (74 Stat. 90), is further amended as follows:
(a) Insert " 1 " after " ( a ) " in subsection (a) and add at the end of
subsection (a) the following new paragraphs:
" (2) No person acting under color of law shall—
" (A) in determining whether any individual is qualified under
State law or laws to vote in any Federal election, apply any
standard, practice, or procedure different from the standards,
practices, or procedures applied under such law or laws to other
individuals within the same county, parish, or similar political
subdivision who have been found by State officials to be qualified
to vote;
" ( B ) deny the right of any individual to vote in any Federal
election because of an error or omission on any record or paper
relating to any application, registration, or other act requisite
to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote
in such election; or
" ( C ) employ any literacy test as a qualification for voting in
any Federal election unless (i) such test is administered to
each individual and is conducted wholly in writing, and (ii) a
certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which
records and papers are required to be retained and preserved pursuant to title I I I of the Civil-Rights Act of 1960 (42 U.S.C. 197474e; 74 Stat. 88) : Provided^ however, That the Attorney General
may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in
accordance with the provisions of applicable State or local law,
including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are
blind or otherwise physically handicapped, meet the purposes of
this subparagraph and constitute compliance therewith.
" (3) F o r purposes of this subsection—
" ( A ) the term 'vote' shall have the same meaning as in subsection (e) of this section;
" ( B ) the phrase 'literacy test' includes any test of the ability
to read, write, understand, or interpret any matter."
(b) Insert immediately following the period at the end of the first
sentence of subsection (c) the following new sentence: "If in any
such proceeding literacy is a relevant fact there shall be a rebuttable

Operation and
enforcement.

Voting qualifications.

Registration,
etc.

Literacy t e s t s .
Records.

Attorney General.
Agreements
with State and
local authorities.

"Vote."
"Literacy
test."

242

"Federal e l e c tion."

Suits by Attorney
General-

Appeals.

Designation of
judges.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade 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 where instruction
is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal
election."
(c) Add the following subsection " ( f ) " and designate the present
subsection " ( f ) " as subsection " ( g ) " :
" ( f ) When used in subsection (a) or (c) of this section, the words
'Federal election' shall mean any general, speqial, or primary election
held solely or in part for the purpose of electing or selecting any
candidate for the office of President, Vice President, presidential
elector. Member of the Senate, or Member of the House of Representatives."
(d) Add the following subsection " ( h ) " :
" ( h ) I n any proceeding instituted by the United States in any
district court of the United States under this section in which the
Attorney General requests a finding of a pattern or practice of
discrimination pursuant to subsection (e) of this section the Attorney
General, at the time he files the complaint, or any defendant in the
proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of
three judges be convened to hear and determine the entire case. A
copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his
absence, the presiding circuit judge of the circuit) in which the case
is pending. Upon receipt of the copy of such request it shall be the
duty of the chief judge of the circuit or the presiding circuit judge,
as the case may be, to designate immediately three judges in such
circuit, of whora at least one shall be a circuit judge and another of
whom shall be a district judge of the court in which the proceeding
was instituted, to hear and determine such case, and it shall be the
duty of the judges so designated to assign the case for hearing at the
earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in everj^ way expedited. An
appeal from the final judgment of such court will lie to the Supreme
Court.
"In any proceeding brought under subsection (c) of this section
to enforce subsection (b) of this section, or in the event neither the
Attorney General nor any defendant files a request for a three-judge
court in any proceeding authorized by this subsection, it shall be the
duty of the chief judge of the district, (or in his absence, the acting
chief judge) in which the case is pending immediately to designate
a judge in such district to hear and determine the case. I n the event
that no judge in the district is available to hear and determine the
case, the chief judge of the district, or the acting chief judge, as the
case may be, shall certify this fact to the chief judge of the circuit
(or, in his absence, the acting chief judge) who shall then designate a
district or circuit judge of the circuit to hear and determine the case.
" I t shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and
to cause the case to be in every way expedited."

78 STAT. ]

243

PUBLIC LAW 88-352-JULY 2, 1964

T I T L E II—INJUNCTIVE E E L I E F AGAINST DISCRIMINAT I O N I N P L A C E S O F P U B L I C ACCOMMODATION
SEC. 201. (a) All persons shall be entitled to the full and equal
enjoyment of the goods, services, facilities, privileges, advantages,
and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the
ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public
is a place of public accommodation within the meaning of this title
if its operations affect commerce, or if discrimination or segregation
by it is supported by State action :
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment
located within a building which contains not more than five
rooms for rent or hire and which is actually occupied by the
proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda
fountain, or other facility principally engaged in selling food for
consumption on the premises, including, but not limited to, any
such facilitv located on the premises of any retail establishment;
or any gasoline station;
(3) any motion picture house, theater, concert hall, sports
arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A) (i) which is physically located
within the premises of any establishment otherwise covered by
this subsection, or (ii) within the premises of which is physically
located any such covered establishment, and (B) which holds
itself out as serving patrons of such covered establishment.
(c) The operations of an establishment affect commerce within the
meaning of this title if (1) it is one of the establishments described in
paragraph (1) of subsection ( b ) ; (2) in the case of an establishment
described in paragraph (2) of subsection ( b ) , it serves or offers to
serve interstate travelers or a substantial portion of the food which it
serves, or gasoline or other products which it sells, has moved in
commerce; (3) in the case of an establishment described in paragraph
(3) of subsection ( b ) , it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move
in commerce; and (4) in the case of an establishment described in
paragraph (4) of subsection ( b ) , it is physically located within the
premises of, or there is physically located within its premises, an
establishment the operations of w^hich affect commerce within the
meaning of this subsection. F o r purposes of this section, "commerce"
means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and
any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points
in the same State but through any other State or the District of
Columbia or a foreign country.
(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law,
statute, ordinance, or regulation; or (2) is carried on under color of
any custom or usage required or enforced by officials of the State or
political subdivision thereof; or (3) is required by action of the
State or political subdivision thereof.
(e) The provisions of this title shall not apply to a private club
or other establishment not in fact open to the public, except to the
extent that the facilities of such establishment are made available

Equal a c c e s s .

Establishments
affecting interstate commerce.

Lodgings.

Restaurants, etc.

Theaters, stadiums, etc.
Other covered
establishments.

Operations affecting commerce
criteria.

"Commerce."

Support by State
action.

Private establishments.

244

Entitlement.

Interference.

Restraining
orders, etc.

Attorneys* fees.

Notification of
State.

Community Relations Service.

Hearings and
inve stigations.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

to the customers or patrons of an establishment within the scope of
subsection (b).
SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discriniination or segregation of any kind on
the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law,
statute, ordinance, regulation, rule, or order of a State or any agency
or political subdivision thereof.
SEC. 208. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any
right or privilege secured by section 201 or 202, or (b) intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce any
person with the purpose of interfering with any right or privilege
secured by section 201 or 202, or (c) punish or attempt to punish
any person for exercising or attempting to exercise any right or
privilege secured by section 201 or 202.
SEC. 204. (a) Whenever any person has engaged or there are
reasonable grounds to believe that any person is about to engage
in any act or practice prohibited by section 203, a civil action for
preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be
instituted by the person aggrieved and, upon timely application, the
court may, in its discretion, permit the Attorney General to intervene
in such civil action if he certifies that the case is of general public
importance. Upon application by the complainant and in such circumstances as the court may deem just, the court, may appoint an
attorney for such complainant and may authorize the commencement
of the civil action without the payment of fees, costs, or security.
(b) In any action commenced pursuant to this title, the court, in
its discretion, may allow the prevailing party, other than the United
States, a reasonable attorney's fee as part of the costs, and the United
States shall be liable for costs the same as a private person.
(c) In the case of an alleged act or practice prohibited by this title
which occurs in a State, or political subdivision of a State, which has
a State or local law prohibiting such act or practice and establishing
or authorizing a State or local authority to grant or seek relief from
such practice or to institute criminal proceedings with respect thereto
upon receiving notice thereof, no civil action may be brought under
subsection (a) before the expiration of thirty days after written
notice of such alleged act or practice has been given to the appropriate
State or local authority by registered mail or in person, provided that
the court may stay proceedings in such civil action pending the
termination of State or local enforcement proceedings.
(d) In the case of an alleged act or practice prohibited by this
title which occurs in a State, or political subdivision of a State, which
has no State or local law prohibiting such act or practice, a civil action
may be brought under subsection (a) : Provided, That the court may
refer the matter to the Community Relations Service established by
title X of this Act for as long as the court believes there is a reasonable
possibility of obtaining voluntary compliance, but for not more than
sixty days: Provided further, That upon expiration of such sixty-day
period, the court may extend such period for an additional period, not
to exceed a cumulative total of one hundred and twenty days, if it
believes there then exists a reasonable possibility of securing voluntary
compliance.
SEC. 205. The Service is authorized to make a full investigation of
any complaint referred to it by the court under section 204(d) and
may hold such hearings with respect thereto as may be necessary.

78 STAT. J

PUBLIC LAW 88-352-JULY 2, 1964

245

The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given
therein except by agreement of all parties involved in the complaint
with the permission of the court, and the Service shall endeavor to
bring about a voluntary settlement between the parties.
SEC. 206. (a) Whenever the Attorney General has reasonable cause
t

•••

t

a

•

t '

^""® ^^ '^"°'"
ney Cieneral.

to believe that any person or group of persons is engaged in a pattern
or practice of resistance to the full enjoyment of any of the rights
secured by this title, and that the pattern or practice is of such a
nature and is intended to deny the full exercise of the rights herein
described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with i t a complaint
(1) signed bv him (or in his absence the Acting Attorney General),
(2) setting forth facts pertaining to such pattern or practice, and
(3) requesting such preventive relief, including an application for a
permanent or temporary injunction, restraining order or other order
against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights
herein described.
(b) In any such proceeding the Attorney General may file with the
clerk of such court a request that a court of three judges be convened
to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the
case is of general public importance. A copy of the certificate and
request for a three-judge court shall be immediately furnished by
such clerk to the chief judge of the circuit (or in his absence, the
presiding circuit judge of the circuit) in which the case is pending. Designation of
ITpon receipt of the copy of such request i t shall be the duty of the judges.
chief judge of the circuit or the presiding circuit judge, as the case
may be, to designate immediately three judges in such circuit, of
whom at least one shall be a circuit jud^e and another of whom shall
be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of
the judges so designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and determination
thereof, and to cause the case to be in every way expedited. A n Appeals.
appeal from the final judgment of such court will he to the Supreme
Court.
In the event the Attorney General fails to file such a request in
any such proceeding, it shall be the duty of the chief judge of the
district (or in his absence, the acting chiei judge) in which the case is
pending immediately to designate a judge in such district to hear and
aetermme the case. I n the event that no judge in the district is
available to hear and determine the case, the chief judge of the district,
or the acting^ chief judge, as the case may be, shall certify this fact
to the chief judge of the circuit (or in his absence, the acting chief
judge) who shall then designate a district or circuit judge of the circuit
to hear and determine the case.
I t shall be the duty of the judge designated pursuant to this section
to assign the case for hearing at the earliest practicable date and t o
cause the case to be in every way expedited.
SEC. 207. (a) The district courts of the United States shall have .^^^S.Sol'"''^^'
jurisdiction of proceedings instituted pursuant to this title and shall ""'^
exercise the same without regard to whether the aggrieved party shall
have exhausted any administrative or other remedies that may be
provided by law.

246
Enforcement.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT,

(b) The remedies provided in this title shall be the exclusive means
of enforcing the rights based on this title, but nothing in this title
shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent
with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the
vindication or enforcement of such right.
TITLE III—DESEGREGATION OF PUBLIC FACILITIES

Suits by Attorney General.

Costs, fees.

62 Stat. 749.

SEC. 301. (a) Whenever the Attorney General receives a complaint
in writing signed by an individual to the effect that he is being
deprived of or threatened with the loss of his right to the equal
protection of the laws, on account of his race, color, religion, or
national origin, by being denied equal utilization of any public
facility which is owned, operated, or managed by or on behalf of any
State or subdivision thereof, other than a public school or public
college as defined in section 401 of title I V hereof, and the Attorney
General believes the complaint is meritorious and certifies that the
signer or signers of such complaint are unable, in his judgment, to
initiate and maintain appropriate legal proceedings for relief and
that the institution of an action will materially further the orderly
progress of desegregation in public facilities, the Attorney General is
authorized to institute for or in the name of the United States a civil
action in any appropriate district court of the United States against
such parties and for such relief as may be appropriate, and such court
shall have and shall exercise jurisdiction of proceedings instituted
pursuant to this section. The Attorney General may implead as
defendants such additional parties as are or become necessary to the
grant of effective relief hereunder.
(b) The Attorney General may deem a person or persons unable to
initiate and maintain appropriate legal proceedings within the
meaning of subsection (a) of this section when such person or persons
are unable, either directly or through other interested persons or
organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families,
or their property.
SEC. 302. I n any action or proceeding under this title the United
States shall be liable for costs, including a reasonable attorney's fee,
the same as a private person.
SEC. 303. Nothing in this title shall affect adversely the ri^ht of any
person to sue for or obtain relief in any court against discrimination
in any facility covered by this title.
SEC. 304. A complaint as used in this title is a writing or document
within the meaning of section 1001, title 18, United States Code.
TITLE IV—DESEGREGATION OF PUBLIC EDUCATION
DEFINrriONS

••Commissioner."
"Desegre
tion.»»

SEC. 401. As used in this title
(a) "Commissioner" means the Commissioner of Education.
(b) "Desegregation" means the assignment of students to public
schools and within such schools without regard to their race, color,
religion, or national origin, but "desegregation" shall not mean the
assignment of students to public schools in order to overcome racial
imbalance.

78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

(c) "Public school" means any elementary or secondary educational
institution, and "public college" means any institution of higher
education or any technical or vocational school above the secondary
school level, provided that such public school or public college is
oj)erated by a State, subdivision of a State, or governmental agency
within a State, or operated wholly or predominantly from or through
the use of governmental funds or property, or funds or property
derived from a governmental source.
(d) "School board" means any agency or agencies which administer a system of one or more public schools and any other agency
which is responsible for the assignment of students to or within such
system.

247
'•Public
school."

"SCHOOI

board."

SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES
SEC. 402. The Commissioner sha;ll conduct a survey and make a ^^P"'* t° t^e
report to the President and the Congress, within two years of the congress"! ^"'^
enactment of this title, concerning the lack of availability of equal
educational opportunities for individuals hy reason of race, color,
religion, or national origin in public educational institutions at all
levels in the United States, its territories and possessions, and the
District of Columbia.
TECHNICAL ASSISTANCE

SEC. 403. The Commissioner is authorized, upon the application of
any school board. State, municipality, school district, or other governmental unit legally responsible for operating a public school or
schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of
public schools. Such technical assistance may, among other activities,
include making available to such agencies information regarding
effective methods of coping with special educational problems
occasioned by desegregation, and making available to such agencies
personnel of the Office of Education or other persons specially
equipped to advise and assist them in coping with such problems.
TRAINING INSTITUTES

SEC. 404. The Commissioner is authorized to arrange, through
grants or contracts, with institutions of higher education lor the operation of short-term or regular session institutes for special training
designed to improve the ability of teachers, supervisors, counselors,
and other elementary or secondary school personnel to deal effectively
with special educational problems occasioned by desegregation. Indi- stipends, etc.
viduals who attend such an institute on a full-time basis may be paid
stipends for the period of their attendance at such institute in amounts
specified by the Commissioner in regulations, including allowances
for travel to attend such institute.
GRANTS

SEC. 405. (a) The Commissioner is authorized, upon application of
a school board, to make grants to such board to pay, in whole or in
part, the cost of—
(1) giving to teachers and other school personnel inservice
training in dealing with problems incident to desegregation, and
(2) employing specialists to advise in problems incident to
desegregation.
(b) In determining whether to make a grant, and in fixing the
amount thereof and the terms and conditions on which it will be made,
the Commissioner shall take into consideration the amount available
31-667 0-65—19

Conditions.

248

PUBLIC LAW 88-332-JULY 2, 1964

[78 STAT.

for grants under this section and the other applications which are
pending before him; the financial condition of the applicant and the
other resources available to it; the nature, extent, and gravity of its
problems incident to desegregation; and such other factors as he finds
relevant.
PAYMENTS

SEC. 406. Payments pursuant to a grant or contract under this title
may be made (after necessary adjustments on account of previously
made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Commissioner may determine.
S U I T S BY T H E ATTORNEY GENERAL

SEC. 407. (a) Whenever the Attorney General receives a complaint
in writing—
(1) signed by a parent or group of parents to the effect that his
or their minor children, as members of a class of persons similarly
situated, are being deprived by a school board of the equal protection of the laws, or
(2) signed by an individual, or his parent, to the effect that he
has been denied admission to or not permitted to continue in
attendance at a public college by reason of race, color, religion, or
national origin,
and the Attorney General believes the complaint is meritorious and
certifies that the signer or signers of such complaint are unable, in his
judgment, to initiate and maintain appropriate legal proceedings
for relief and that the institution of an action will materially further
the orderly achievement of desegregation in public education, the
Attorney General is authorized, after giving notice of such complaint
to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute
for or in the name of the United States a civil action in any appropriate district court of the LTnited States against such parties and for
such relief as may be appropriate, and such court shall have and
shall exercise jurisdiction of proceedings instituted pursuant to this
section, provided that nothing herein shall empower any official or
court of the United States to issue any order seeking to achieve a
racial balance in any school by requiring the transportation of pupils
or students from one school to another or one school district to another
in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief
hereunder.
to^*u°a't^ unable
Qy) ^^^ AttoTuey General may deem a person or persons unable to
initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are
unable, either directlyor through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal
representation; or whenever he is satisfied that the institution of such
litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their
property.
"Parent."
^^^ 'fj^g term "parent" as used in this section includes any person
"Complaint."
standing in loco parentis. A "complaint" as used in this section is a
writing or document within the meaning of section 1001, title 18,
62 Stat. 749.
United States Code.

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.
T I T L E V—COMMISSION ON C I V 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.

250

Transcript
copies.

Witness fees.

Subpena of
witnesses.

Organization
statement, etc.
Publication in
Federal Register.

Payments to
members.

75 Stat. 339,
340.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

sessions without the consent of the Commission. Whoever releases
or uses in public without the consent of the Commission such evidence
or testimony taken in executive session shall be fined not more than
$1,000, or imprisoned for not more than one year.
" ( h ) I n the discretion of the Commission, witnesses may submit
brief and pertinent sworn statements in writing for inclusion in the
record. The Commission shall determine the pertinency of testimony
and evidence adduced at its hearings.
"(i) Every person who submits data or evidence shall be entitled
to retain or, on payment of lawfully prescribed costs, procure a copy
or transcript thereof, except that a witness in a hearing held in executive session may for good cause be limited to inspection of the official
transcript of his testimony. Transcript copies of public sessions may
be obtained by the public upon the payment of the cost thereof. An
accurate transcript shall be made of the testimony of all witnesses
at all hearings, either public or executive sessions, of the Commission
or of any subcommittee thereof.
" ( j ) A witness attending any session of the Commission shall
receive $6 for each day's attendance and for the time necessarily
occupied in going to and returning from the same, and 10 cents per
mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective
residences as to prohibit return thereto from day to day shall be
entitled to an additional allowance of $10 per day for expenses of
subsistence, including the time necessarily occupied in going to and
returning from the place of attendance. Mileage payments shall be
tendered to the witness upon service of a subpena issued on behalf
of the Commission or any subcommittee thereof.
" ( k ) The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or
other matter which would require the presence of the party subpenaed
at a hearing to be held outside of the State wherein the witness is
found or resides or is domiciled or transacts business, or has appointed
an agent for receipt of service of process except that, in any event,
the Commission may issue subpenas for the attendance and testimony of witnesses and the production of written or other matter at a
hearing held within fifty miles of the place where the witness is found
or resides Or is domiciled or transacts business or has appointed an
agent for receipt of service of process.
"(1) The Commission shall separately state and currently publish
in the Federal Register (1) descriptions of its central and field organization including the established places at which, and methods whereby,
the public may secure information or make requests; (2) statements
of the general course and method by which its functions are channeled
and determined, and (3) rules ad.opted as authorized by law. No
person shall in any .manner be subject to or required to resort to rules,
organization, or procedure not so published."
SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C.
1975b(a); 71 Stat. 634) is amended to read as follows:
"SEC. 103. (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 $75 per day for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his usual place of residence, in
accordance with section 5 of the Administrative Expenses Act of 1946,
as amended (5 U.S.C. 73b-2; 60 Stat. 808)."

78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C.
1975b(b); 71 Stat. 634) is amended to read as follows:
" ( b ) Each member of the Commission who is otherwise i n 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 paid actual travel expenses, and per diem in lieu of subsistence expenses when away from
his usual place of residence, in accordance with the provisions of the
Travel Expenses Act of 1949, as amended (5 U.S.C. 835-42; 63 Stat.
166)."
SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42
U.S.C. 1975c(a) ; 71 Stat. 635), as amended, is further amended to
read as follows:

251

75 Stat. 339,
340.

"DUTIES OF THE COMMISSION

"SEC. 104. (a) The Commission shall—
"(1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived
of their right to vote and have that vote counted by reason of their
color, race, religion, or national origin; which writing, under oath
or affirmation, shall set forth the facts upon which such belief or
beliefs are based;
"(2) study and collect information concerning legal developments constituting a denial of equal protection or the laws under
the Constitution because of race, color, religion or national origin
or in the administration of justice;
" (3) appraise the laws and policies of the Federal Government
with respect to denials of equal protection of the laws under the
Constitution because of race, color, religion or national origin or
in the administration of justice;
"(4) serve as a national clearinghouse for information in
respect to denials of equal protection of the laws because of race,
color, religion or national origin, including but not limited to the
fields of voting, education, housing, employment, the use of
public facilities, and transportation, or in the administration of
justice;
"(5) investigate allegations, made in writing and under oath
or affirmation, that citizens of the United States are unlawfully
being accorded or denied the right to vote, or to have their votes
properly counted, in any election of presidential electors. Members of the United States Senate, or of the House of Representatives, as a result of any patterns or practice of fraud or discrimination in the conduct of such election; and
"(6) Nothing in this or RHJ other Act shall be construed as
authorizing the Commission, its Advisory Committees, or any
person under its supervision or control to inquire into or investigate any membership practices or internal operations of any
fraternal organization, any college or university fraternity or
sorority, any private club or any religious organization."
(b) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C.
1975c ( b ) ; 71 Stat. 635), as amended, is further amended by striking 77 Stat. 271.
out the present subsection " ( b ) " and by substituting therefor:
" (b) The Commission shall submit interim reports to the President „ Repots to the
and to the Congress at such times as the Commission, the Congress or congress.
the President shall deem desirable, and shall submit to the President
and to the Congress a final report of its activities, findings, and recommendations not later than January 31,1968."
SEC. 505. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C.
1975d ( a ) ; 71 Stat. 636) is a m e n d e by striking out in the last sentence
thereof "$50 per diem" and inserting in lieu thereof "$75 per diem."

252
Powers.

Ante, p. 250.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

SEC. 506. Section 105(f) and section 105(g) of the Civil Rights
Act of 1957 (42 U.S.C. 1975d (f) and ( g ) ; 71 Stat. 636) are amended
to read as follows:
" ( f ) The Commission, or on the authorization of the Commission
any,subcommittee of two or more members, at least one of whom shall
be of each major political party, 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 or the production of written or other matter may be issued
in accordance with the rules of the Commission as contained in section 102 (j) and (k) of this Act, over the signature of the Chairman
of the Commission or of such subcommittee, and may be served by
any person designated by such Chairman. The holding of hearings
by the Commission, or the appointment of a subcommittee to hold
hearings pursuant to this subparagraph, must be approved by a
majority of the Commission, or by a majority of the members present
at a meeting at which at least a quorum of four members is present.
" ( g ) 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 or refusal to obey is found or resides or is domiciled or
transacts business, or has appointed an agent for receipt of service
of process, 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 pertinent, relevant and nonprivileged 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."
SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C.
]975d; 71 Stat. 686), as amended by section 401 of the Civil Rights
Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended
by adding a new subsection at the end to read as follows:
" ( i ) The Commission shall have the power to make such rules and
regulations as are necessary to carry out the purposes of this Act."
T I T L E V I — N O N D I S C R I M I N A T I O N IN F E D E R A L L Y
ASSISTED PROGRAMS

Rules governing
grants, loans, and
contracts.

Approval by
President.

SEC. 601. No person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
SEC. 602. Each Federal department and agency which is empowered
to extend Federal financial assistance to any program or activity, by
way of grant, loan, or contract other than a contract of insurance
or guaranty, is authorized and directed to effectuate the provisions of
section 601 with respect to such program or activity by issuing ru^'^s,
regulations, or orders of general applicability which shall be consistent
with achievement of the objectives of the statute authorizing the
financial assistance in connection with which the action is taken.
No such rule, regulation, or order shall become effective unless and
until approved by the President. Compliance with any requirement
adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program
or activity to any recipient as to whom there has been an express find-

78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

ing on the record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be limited
to the particular political entity, or part thereof, or other recipient
as to whom such a finding has been made and, shall be limited m its
effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized
by law: Provided^ however^ That no such action shall be taken until
the department or agency concerned has advised the appropriate person
or persons of the failure to comply with the requirement and has
determined that compliance cannot be secured by voluntary means.
I n the case of any action terminating, or refusing to grant or continue,
assistance because of failure to comply with a requirement imposed
pursuant to this section, the head of the Federal department or agency
shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written
report of the circumstances and the grounds for such action. No such
action shall become effective until thirty days have elapsed after the
filing of such report.
SEC. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be
provided by law for similar action taken by such department or
agency on other grounds. In the case of action, not otherwise subject
to judicial review, terminating or refusing to grant or to continue
financial assistance upon a finding of failure to comply with any
requirement imposed pursuant to section 602, any person aggrieved
(including any State or political subdivision thereof and any agency
of either) may obtain judicial review of such action in accordance
with section 10 of the Administrative Procedure Act, and such action
shall not be deemed committed to unreviewable agency discretion
within the meaning of that section.
SEC. 604. Nothing contained in this title shall be construed to
authorize action under this title by any department or agency with
respect to any employment practice of any employer, employment
agency, or labor organization except where a primary objective of the
Federal financial assistance is to provide employment.
SEC. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which
Federal financial assistance is extended by way of a contract of insurance or guaranty.
^

253

Termination.

Judicial review.

60 Stat. 243.
5 u s e 1009.

TITLE VII—EQUAL EMPLOYMENT OPPORTUNITY
DEFINITIONS

SEC. 701. For the purposes of this title—
(a) The term "person" includes one or more individuals, labor
unions, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy, or receivers.
(b) The term "employer" means a person engaged in an industry
affecting commerce who has twenty-five or more employees for each
working day in each of twenty or more calendar weeks in the current
or preceding calendar year, and any agent of such a person, but such
term does not include (1) the United States, a corporation wholly
owned by the Government of the United States, an Indian tribe, or a
State or political subdivision thereof, (2) a bona fide private membership club (other than a labor organization) which is exempt from
taxation under section 501(c) of the Internal Revenue Code of 1954:
Provided^ That during the first year after the effective date prescribed
in subsection (a) of section 716, persons having fewer than one hun-

*'Person."

"Employer."

68A Stat. 163;
74 Stat. 534.
26 u s e 501.

254

"Employment
agency."

" L a b o r organization."

61 Stat. 136.
29 u s e 167.
44 Stat. 577;
49 Stat. 1189.
45 u s e 151.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

dred employees (and their agents) shall not be considered employers,
and, during the second year after such date, persons having fewer than
seventy-five employees (and their agents) shall not be considered employers, and, during the third year after such date, persons having
fewer than fifty employees (and their agents) shall not be considered
employers: Provided further^ That it shall be the policy of the United
States to insure equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex or
national origin and the President shall utilize his existing authority to
effectuate this policy.
(c) The term "employment agency" means any person regularly
undertaking with or without compensation to procure employees for
an employer or to procure for employees opportunities to work for
an employer and includes an agent of such a person; but shall not
include an agency of the United States, or an agency of a State or
political subdivision of a State, except that such term shall include
the United States Employment Service and the system of State and
local employment services receiving Federal assistance.
(d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an
organization, and includes any organization of any kind, any agency,
or employee representation committee, group, association, or plan so
engaged in which employees participate and which exists tor the
purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours, or other terms
or conditions of employment, and any conference, general committee,
joint or system board, or joint council so engaged which is subordinate
ito a national or international labor organization,
(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall
or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2)
the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the
aggregate number of the members of such other labor organization)
is (A) one hundred or more during the first year after the effective
date prescribed in subsection (a) of section 716, (B) seventy-five or
more during the second year after such date or fifty or more during
the third year, or (C) twenty-five or more thereafter, and such labor
organization—
(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the
Railway Labor Act, as amended;
(2) although not certified, is a national or international labor
organization or a local labor organization recognized or acting as
the representative of employees of an employer or employers
engaged in an industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body
which is representing or actively seeking to represent employees
of employers within the meaning of paragraph (1) or ( 2 ) ; or
(4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of
paragraph (1) or (2) as the local or subordinate body through
which such employees may enjoy membership or become affiliated
with such labor organization; or
(5) is a conference, general committee, joint or system board,
or joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an

78 STAT.]

PUBLIC LAW 88-352-JULY 2, 1964

255

industry affecting commerce within the meaning of any of the
preceding paragraphs of this subsection.
(f) The term "employee" means an individual employed by an ' E m p l o y e e . "
employer.
(g) The term "commerce" means trade, traffic, commerce, trans- " C o m m e r c e . "
portation, transmission, or communication among the several States;
or between a State and any place outside thereof; or within the
District of Columbia, or a possession of the United States; or between
points in the same State but through a point outside thereof.
(h) The term "industry affecting commerce" means any activity, ing" I nc do umsmt reyr caffecte."
business, or industry in commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow of commerce and
includes any activity or industry "affecting commerce" within the
meaning of the Labor-Management Eeporting and Disclosure Act of
73 Stat. 519.
1959.
u s e 401
(i) The term "State" includes a State of the United States, the n o29
te.
District of Columbia, Puerto Eico, the Virgin Islands, American " S t a t e . "
Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental
67 Stat. 462.
Shelf lands defined in the Outer Continental Shelf Lands Act.
43 u s e 1331
note.
EXEMPTION

SEC. 702. This title shall not apply to an employer with respect to
the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the
carrying on by such corporation, association, or society of its religious
activities or to an educational institution with resjpect to the employment of individuals to perform work connected with the educational
activities of such institution.

Religious organizations, etc.

DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL
ORIGIN

SEC. 703. (a) It shall be an unlawful employment practice for an
employer—
(1) to fail or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual with respect
to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or
national origin; or
(2) to limit, segregate, or classify his employees in any way
which would deprive or tend to deprive any individual of
employment opportunities or otherwise adversely affect his
status as an employee, because of such individual's race, color,
religion, sex, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise
to discriminate against, any individual because of his race, color,
religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or
national origin.
(c) It shall be an unlawful employment practice for a labor
organization—
(1) to exclude or to expel from its membership, or otherwise
to discriminate against, any individual because of his race, color,
religion, sex, or national origin;
(2) to limit, segre^te, or classify its membership, or to classify
or fail or refuse to refer for employment any individual, in any

Unlawful practices.
Employers.

Employment
agency.

Labor organization.

256

.^«^"'"^ ^^°'
grams.

Exceptions.

50 use ^^i'
note.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

way which would deprive or tend to deprive any individual of
employment opportunities, or would limit such employment
opportunities or otherwise adversely affect his status as an
employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this section.
(^) ^^ shall be an unlawful employment practice for any employer,
labor organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-job
training programs to discriminate against any individual because of
his race, color, religion, sex, or national origin in admission to, or
employment in, any program established to provide apprenticeship or
other training.
^^^ Notwithstanding any other provision of this title, (1) it shall
not be an unlawful employment practice for an employer to hire and
employ employees, for an employment agency to classify, or refer for
employment any individual, for a labor organization to classify its
membership or to classify or refer for employment any individual, or
for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the
basis of his religion, sex, or national origin in those certain instances
where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular
business or enterprise, and (2) it shall not be an unlawful employment
practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational
institution or institution of learning is, in whole or in substantial part,
owned, supported, controlled, or managed by a particular religion or
by a particular religious corporation, association, or society, or if the
curriculum of such school, college, university, or other educational
institution or institution of learning is directed toward the propagation of a particular religion.
(f) As used in this title, the phrase "unlawful employment practice"
shall not be deemed to include any action or measure taken by an
employer, labor organization, joint labor-management committee, or
employment agency with respect to an individual who is a member
of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front
organization by final order of the Subversive Activities Control Board
pursuant to the Subversive Activities Control Act of 1950.
(g) Notwithstanding any other provision of this title, it shall not
be an unlawful employment practice for an employer to fail or refuse
to hire and employ any individual for any position, for an employer
to discharge any individual from any position, or for an employment
agency to fail or refuse to refer any individual for employment in any
]:)osition, or for a labor organization to fail or refuse to refer any
individual for employment in any position, if—
(1) the occupancy of such position, or access to the premises
in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement
imposed in the interest of the national security of the United
States under any security program in effect pursuant to or administered under any statute of the United States or any Executive
order of the President; and
(2) such individual has not fulfilled or has ceased to fulfill that
requirement.

78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

(h) Notwithstanding any other provision of this title, it shall not
be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or
privileges of employment pursuant to a bona fide seniority or merit
system, or a system which measures earnings by quantity or quality of
production or to employees who work in different locations, provided
that such differences are not the result of an intention to discriminate
because of race, color, religion, sex, or national origin, nor shall it be
an unlawful employment practice for an employer to give and to act
upon the results of any professionally developed ability test provided
that such test, its admmistration or action upon the results is not
designed, intended or used to discriminate because of race, color,
religion, sex or national origin. It shall not be an unlawful employment practice under this title for any employer to differentiate upon
the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such
differentiation is authorized by the provisions of section 6(d) of the
F a i r Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).
(i) Nothing contained in this title shall apply to any business or
enterprise on or near an Indian reservation with respect to any publicly
announced employment practice of such business or enterprise under
which a preferential treatment is given to any individual because he
is an Indian living on or near a reservation.
(j) Nothing contained in this title shall be interpreted to require
any employer, employment agency, labor organization, or joint labormanagement committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of
an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin
employed by any employer, referred or classified for employment by
any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color,
religion, sex, or national origin in any community. State, section, or
other area, or in the available work force in any community, State,
section, or other area.
OTHER UNLAWFUIi EMPLOYMENT PRACTICES

SEC. 704. (a) I t shall be an unlawful employment practice for an
employer to discriminate against any of his employees or applicants
for employment, for an employment agency to discriminate against
q,ny individual, or for a labor organization to discriminate against any
member thereof or applicant for membership, because he has opposed
any practice made an unlawful employment practice by this title, or
because he has made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this title.
(b) I t shall be an unlawful employment practice for an employer,
labor organization, or employment agency to print or publish or
cause to be printed or published any notice or advertisement relating
to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or
relating to any classification or referral for employment by such an
employment agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national
origin, except that such a notice or advertisement may indicate a
preference, limitation, specification, or discrimination based on reli-

257

H l'^^ ^^e
Indians.

Preferential
treatment.

2S8

PUBLIC LAW 88-352-JULY 2, l964

[78 STAT.

gion, sex, or national origin when religion, sex, or national origin is
a bona fide occupational qualification for employment.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Establishment.

Term of office.

Post, o. 400.
5 u s e 1071
note.

Reports to the
President and
Congress.

70 Stat. 736.
5 u s e 2201
note.

70 Stat. 737.
5 u s e 2205.

Powers.

SEC. 705. (a) There is hereby created a Commission to be known as
the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members
of the same political party, who shall be appointed by the President
by and with the advice and consent of the Senate. One of the original
members shall be appointed for a term of one year, one for a term of
two years, one for a term of three years, one for a term of four years,
and one for a term of five years, beginning from the date of enactment of this title, but their successors shall oe appointed for terms of
five years each, except that any individual chosen to fill a vacancy
shall be appointed only for the unexpired term of the member whom
he shall succeed. The President shall designate one member to serve
as Chairman of the Commission, and one member to serve as Vice
Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and
shall appoint, in accordance with the civil service laws, such officers,
agents, attorneys, and employees as it deems necessary to assist it in
the performance of its functions and to fix their compensation in
accordance with the Classification Act of 1949, as amended. 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.
(b) A vacancy in the Commission shall not impair the right of the
remaining members to exercise all the powers of the Commission and
three members thereof shall constitute a quorum.
(c) The Commission shall have an official seal which shall be judicially noticed.
(d) The Commission shall at the close of each fiscal year report to
the Congress and to the President concerning the action it has taken;
the names, salaries, and duties of all individuals in its employ and the
moneys it has disbursed; and shall make such further reports on the
cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.
(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C.
2201-2209), is further amended—
(1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause:
"(32) Chairman, Equal Employment Opportunity Commission" ; and
(2) by adding to clause (45) of section 106(a) thereof (5
U.S.C. 2205(a)) the following: "Equal Employment Opportunity Commission (4)."
(f) The principal office of the Commission shall be in or near the
District of Columbia, but it may meet or exercise any or all its powers
at any other place. The Commission may establish such regional or
State offices as it deems necessary to accomplish the purpose of this
title.
(g) The Commission shall have power—
(1) to cooperate with and, with their consent, utilize regional,
State, local, and other agencies, both public and private, and
individuals;
(2) to pay to witnesses whose depositions are taken or who are
summoned before the Commission or any of its agents the same
witness and mileage fees as are paid to witnesses in the courts
of the United States;

78 STAT. I

PUBLIC LA¥ 88-352-JULY 2, 1964

259

(3) to furnish to persons subject to this title such technical
assistance as they may request to further their compliance with
this title or an order issued thereunder;
(4) upon the request of (i) any employer, whose employees
or some of them, or (ii) any labor organization, whose members
or some of them, refuse or threaten to refuse to cooperate in
effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided
by this title;
(5) to make such technical studies as are appropriate to
effectuate the purposes and policies of this title and to make the
results of such studies available to the public;
(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved
party under section 706, or for the institution of a civil action
by the Attorney General under section 707, and to advise, consult,
and assist the Attorney General on such matters.
(h) Attorneys appointed under this section may, at the direction
of the Commission, appear for and represent the Commission in any
case in court.
(i) The Commission shall, in any of its educational or promotional
activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.
(j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of
August 2, 1939, as amended (the Hatch Act), notwithstanding any 6/5131^*47^*^'
exemption contained in such section.
5 use 1 is'i.
P R E V E N T I O N OF U N L A W F U L E M P L O Y M E N T PRACTICES

SEC. 706. (a) Whenever it is charged in writing under oath by a
person claiming to be aggrieved, or a written charge has been filed
by a member of the Commission where he has reasonable cause to
believe a violation of this title has occurred (and such charge sets
forth the facts upon which it is based) that an employer, employment
agency, or labor organization has engaged in an unlawful employment
practice, the Commission shall furnish such employer, employment
agency, or labor organization (hereinafter referred to as the "respondent") with a copy of such charge and shall make an investigation of
such charge, provided that such charge shall not be made public by the
Commission. If the Commission shall determine, after such investigation, that there is reasonable cause to believe that the charge is true,
the Commission shall endeavor to eliminate any such alleged unlawful
employment practice by informal methods of conference, conciliation,
and persuasion. Nothing said or done during and as a part of such
endeavors may be made public by the Commission without the written
consent of the parties, or used as evidence in a subsequent proceeding.
Any officer or employee of the Commission, who shall make public
in any manner whatever any information in violation of this subsection
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not more than $1,000 or imprisoned not more than one
year.
(b) In the case of an alleged unlawful employment practice occur- j„^^^^^ proceedring in a State, or political subdivision of a State, which has a State ings.
or local law prohibiting the unlawful employment practice alleged
and establishing or authorizing a State or local authority to grant or
seek relief from such practice or to institute criminal proceedings
with respect thereto upon receiving notice thereof, no charge may be
filed under subsection (a) by the person aggrieved before the expira-

260

Time requirements.

Courts.
Jurisdiction.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

tion of sixty days after proceedings have been commenced under the
State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one
hundred and twenty days during the first year after the effective
date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed
statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of
this subsection at the time such statement is sent by registered mail
to the appropriate State or local authority.
(c) In the case of any charge filed by a member of the Commission
alleging an unlawful employment practice occurring in a State or
political subdivision of a State, which has a State or local law prohibiting the practice alleged and establishing or authorizing a State
or local authority to grant or seek relief from such practice or to
institute criminal proceedings with respect thereto upon receiving
notice thereof, the Commission shall, before taking any action with
resnect to such charge, notify the appropriate State or local officials
and, upon request, afford them a reasonable time, but not less than
sixty days (provided that such sixty-day period shall be extended
to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is
requested, to act under such State or local law to remedy the practice
alleged.
(d) A charge under subsection (a) shall be filed within ninety days
after the alleged unlawful employment practice occurred, except that
in the case of an unlawful employment practice with respect to which
the person aggrieved has followed the procedure set out in subsection
(b), such charge shall be filed by the person aggrieved within two
hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the
State or local agency has terminated the proceedings under the State
or local law, whichever is earlier, and a copy of such charge shall be
filed by the Commission with the State or local agency.
(e) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference
under subsection (c) (except that in either case such period may be
extended to not more than sixty days upon a determination by the
Commission that further efforts to secure voluntary compliance are
warranted), the Commission has been unable to obtain voluntary
compliance with this title, the Commission shall so notify the person
aggrieved and a civil action may, within thirty days thereafter, be
brought against the respondent named in the charge (1) by the person
claiming to be aggrieved, or (2) if such charge was filed by a member
of the Commission, by any person whom the charge alleges was
aggrieved by the alleged unlawful employment practice. Upon
application by the complainant and in such circumstances as the court
may deem ;iust, the court may appoint an attorney for such complainant and may authorize the commencement of the action without
the payment of fees, costs, or security. Upon timely application, the
court may, in its discretion, permit the Attorney General to intervene
in such civil action if he certifies that the case is of general public
importance. T^pon request, the court may, in its discretion, stay
further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (b) or the
efforts of the Commission to obtain voluntary compliance.
(f) Each Ignited States district court and each United States
court of a place subject to the jurisdiction of the United States shall

78 STAT. ]

PtIBOC LA¥ 88-352-JULY 2. 1964

261

have jurisdiction of actions brought under this title. Such an action
may be brought in any judicial district in the State in. which the
unlawful employment practice is alleged to have been committed, in
the judicial district in which the employment records relevant to such
practice are maintained and administered, or in the judicial district in
which the plaintiff would have worked but for the alleged unlawful
employment practice, but if the respondent is not found within any
such district, such an action may be brought within the judicial district
in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial 5J ^;^*; H]:
district in which the respondent has his principal office shall in all 76A stat.* 699.'
cases be considered a district in which the action might have been
brought.
(g) If the court finds that the respondent has intentionally engaged
in or is intentionally engaging in an unlawful employment practice
charged in the complaint, the court may enjoin the respondent from
engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include reinstatement
or hiring of employees, with or without back pay (payable by the
employer, employment agency, or labor organization, as the case may
be, responsible for the unlawful employment practice). Interim
earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back
pay otherwise allowable. No order of the court shall require the
admission or reinstatement of an individual as a member of a union
or the hiring, reinstatement, or promotion of an individual as an
employee, or the payment to him of any back pay, if such individual
was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex
or national origin or in violation of section 704 (a).
(h) The provisions of the Act entitled "An Act to amend the
\
Judicial Code and to define and limit the jurisdiction of courts sitting
in equity, and for other purposes," approved March 23, 1932 (29
U.S.C. 101-115), shall not apply with respect to civil actions brought 4 7 stat. 70,
under this section.
(i) In any case in which an employer, employment agency, or labor
organization fails to comply with an order of a court issued in a civil
action brought under subsection (e), the Commission may commence
proceedings to compel compliance with such order.
(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, ITnited States Code.
^l |J^*- ^^l:
(k) I n any action or proceeding under this title the court, m its 72 stat. 348,
discretion, may allow the prevailing party, other than the Commission ^^^osts fees.
or the United States, a reasonable attorney's fee as part of the costs,
and the Commission and the United States shall be liable for costs
the same as a private person.
SEC. 707. (a) Whenever the Attorney General has reasonable cause ^"^^^ ^y A""""
to believe that any person or group of persons is engaged m a pattern ney General.
or practice of resistance to tiie full enjoyment of any of the rights
secured by this title, and that the pattern or practice is of such a nature
and is intended to deny the full exercise of the rights herein described,
the Attorney General may bring a civil action in the appropriate
district court of the United States by filing with it a complaint
(1) signed by him (or in his absence the Acting Attorney General),
(2) setting forth facts pertaining to such pattern or practice, and
(3) requesting such relief, including an application for a permanent
or temporary injunction, restraining order or other order against the

,262

PUBLIC LAW 88-a52-JULY 2, 1964

[78 STAT.

person or persons responsible for such pattern or practice, as he deems
necessary to insure the full enjoyment of the rights herein described.
(b) The district courts of the United States shall have and shall
exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with
the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney
General shall be accompanied by a certificate that, in his opinion, the
case is of general public importance. A copy of the certificate and
request for a three-judge court shall be immediately furnished by such
clerk to the chief judge of the circuit (or in his absence, the presiding
circuit judge of the circuit) in which the case is pending. Upon receipt
of such request it shall be the duty of the chief judge of the circuit or
the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a
circuit judge and another of whom shall be a district judge of the court
in which the proceeding was instituted, to hear and determine such
case, and it shall be the duty of the judges so designated to a s s i ^ the
case for hearing at the earliest practicable date, to participate m the
liearing and determination thereof, and to cause the case to be in every
way expedited. An appeal from the final judgment of such court
will lie to the Supreme Court.
I n the event the Attorney General fails to file such a request in any
such proceeding, it shall be the duty of the chief judge of the district
(or in his absence, the acting chief judge) in which the case is pending
immediately to designate a judge in such district to hear and determine the case. I n the event that no judge in the district is available
to hear and determine the case, the chief judge of the district, or the
acting chief judge, as the case may be, shall certify this fact to the
chief judge of the circuit (or in his absence, the acting chief judge)
who shall then designate a district or circuit judge of the circuit to
hear and detertnine the case.
I t shall be the duty of the judge designated pursuant to this section
to assign the case for hearing at the earliest practicable date and to
cause the case to be in every way expedited.
E F F E C T ON STATE L A W S

SEC. 708. Nothing in this title shall be deemed to exempt or
relieve any person from any liability, duty, penalty, or punishment
provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require
or permit the doing of any act which would be an unlawful employment practice under this title.
I N V E S T I G A T I O N S , I N S P E C T I O N S , RECORDS, STATE AGENCIES

stSTlndTolai
agenciTs. °'^^

SEC. 709. (a) I n connection with any investigation of a charge filed
under section 706, the Commission or its designated representative
shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment
practices covered by this title and is relevant to the charge under
investigation.
(^) '^^® Commission may cooperate with State and local agencies
charged with the administration of State fair employment practices
laws and, with the consent of such agencies, may for the purpose of
carrying out its functions and duties under this title and within the
limitation of funds appropriated specifically for such purpose, utilize
the services of such agencies and their employees and, notwithstand-

78 STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

265

ing any other provision of law, may reimburse such agencies and their
employees for services rendered to assist the Commission.in carrying
out this title. I n furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local
agencies and such agreements may include provisions under which
the Commission shall refrain from processing a charge in any cases
or class of cases specified in such agreements and under which no
person may bring a civil action under section 706 in any cases or class
of cases so specified, or under which the Commission shall relieve
any person or class of persons in such State or locality from requirements imposed under this section. The Commission shall rescind
any such agreement whenever it determines that the agreement no
longer serves the interest of effective enforcement of this title.
(c) Except as provided in subsection ( d ) , every employer, employ- Records.
ment agency, and labor organization subject to this title shall (1)
make and keep such records relevant to the determinations of whether
unlawful employment practices have been or are being committed, (2)
preserve such records for such periods, and (3) make such reports
therefrom, as the Commission shall prescribe by regulation or order,
after public hearing, as reasonable, necessary, or appropriate for the
enforcement of this title or the regulations or orders thereunder.
The Commission shall, by regulation, require each employer, labor
organization, and joint labor-management committee subject to this
title which controls an apprenticeship or other training program to
maintain such records as are reasonably necessary to carry out the
purpose of this title, including, but not limited to, a list of applicants
who wish to participate in such program, including the chronological
order in which such applications were received, and shall furnish to
the Commission, upon request, a detailed description of the manner in
which persons are selected to participate in the apprenticeship or
other training program. Any employer, employment agency, labor
organization, or joint labor-management committee which believes
that the application to it of any regulation or order issued under this
section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or
order, or (2) bring a civil action in the United States district court
for the district where such records are kept. If the Commission or
the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission
or the court, as the case may be, may grant appropriate relief.
(d) The provisions of subsection (c) shall not apply to any Exceptions.
employer, employment agency, labor organization, or joint labormanagement committee with respect to matters occurring in any
State or political subdivision thereof which has a fair employment
practice law during any period in which such employer, employment
agency, labor organization, or joint labor-management committee is
subject to such law, except that the Commission may require such notations on records which such employer, employment agency, labor
organization, or joint labor-management committee keeps or is
required to keep as are necessary because of differences in coverage
or methods of enforcement between the State or local law and the
provisions of this title. Wliere an employer is required by Executive
Order 10925, issued March 6, 1961, or by any other Executive order supp^fp.'se.^^
prescribing fair employment practices tor Government contractors s use 631 note.
and subcontractors, or by rules or regulations issued thereunder, to
file reports relating to his employment practices with any Federal
agency or committee, and he is substantially in compliance with such
requirements, the Commission shall not require him to file additional
reports pursuant to subsection (c) of this section.
31-667 0-65—20

264
Prohibited d i s closures.

PUBLIC LAW 88-a52-JULY 2, 1964

[78 STAT.

(e) I t shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained
by the Commission pursuant to its authority under this section prior
to the institution of any proceeding under this title involving such
information. Any officer or employee of the Commission who shall
make public in any manner whatever any information in violation of
this subsection shall be guilty of a misdemeanor and upon conviction
thereof, shall be fined not more than $1,000, or imprisoned not more
than one year.
INVESTIGATORY POWERS

Petitions.

SEC. 710, (a) For the purposes of any investigation of a charge
filed under the authority contained in section 706, the Commission
shall have authority to examine witnesses under oath and to require
the production of documentary evidence relevant or material to the
charge under investigation.
(b) If the respondent named in a charge filed under section 706
fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709(a), or if any person required to comply with
the provisions of section 709 (c) or (d) fails or refuses to do so, or
if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court
for the district in which such person is found, resides, or transacts
business, shall, upon application of the Commission, have jurisdiction
to issue to such person an order requiring him to comply with the
provisions of section 709 (c) or (d) or to comply with the demand
of the Commission, but the attendance of a witness may not be
required outside the State where he is found, resides, or transacts
business and the production of evidence may not be required outside
the State where such evidence is kept.
(c) Within twenty days after the service upon any person charged
under section 706 of a demand by the Commission for the production
of documentary evidence or for permission to examine or to copy
evidence in conformity with the provisions of section 709(a), such
person may file in the district court of the United States for the judicial district in which he resides, is found, or transacts business, and
serve upon the Commission a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance
with the demand in whole or in part as deemed proper and ordered
by the court shall not run during the pendency of such petition in the
court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure
of such demand to comply with the provisions of this title or with the
limitations generally applicable to compulsory process or upon any
constitutional or other legal right or privilege of such person. No
objection which is not raised by such a petition may be urged in the
defense to a proceeding initiated by the Commission under subsection
(b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty-day
period, or unless the court determines that the defendant could not
reasonably have been aware of the availability of such ground of
objection.
(d) In any proceeding brought by the Cbmmission under subsection
(b), except as provided m subsection (c) of this section, the defendant
may petition the court for an order modifying or setting aside the
demand of the Commission.

78 STAT. ]

265

PUBLIC LAW 88-3i52-JULY 2, 1964
NOTICES TO BE POSTED

SEC. 711. (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous
places upon its premises where notices to employees, applicants for
employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or,
summaries of, the pertinent provisions of this title and information
pertinent to the filing of a complaint.
(b) A willful violation of this section shall be punishable by a fine of
not more than $100 for each separate offense.
VETERANS

PREFERENCE

SEC. 712. Nothing contained in this title shall be construed to repeal
or modify any Federal, State, territorial, or local law creating special
rights or preference for veterans.
RULES AND REGULATIONS

SEC. 713. (a) The Commission shall have authority from time to
time to issue, amend, or rescind suitable procedural regulations to
carry out the provisions of this title. Regulations issued under this
section shall be in conformity with the standards and limitations of the
Administrative Procedure Act.
5°usc*'iooi*
(b) In any action or proceeding based on any alleged unlawful note.
employment practice, no person shall be subject to any liability or
punishment for or on account of (1) the commission by such person
of an unlawful employment practice if he pleads and proves that the
act or omission complained of was in good faith, in conformity with,
and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any
information required by any provision of this title if he pleads and
proves that he failed to publish and file such information in good faith,
in conformity with the instructions of the Commission issued under
this title regarding the filing of such information. Such a defense,
if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or
opinion is modified or rescinded or is determined by judicial authority
to be invalid or of no legal effect, or (B) after publishing or filing the
description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.
FORCIBLY R E S I S T I N G T H E COMMISSION OR ITS REPRESENTATIVES

SEC. 714. The provisions of section 111, title 18, United States
Code, shall apply to officers, agents, and employees of the Commission in the performance of their official duties.

62 Stat. 688.

SPECIAL STUDY BY SECRETARY OF LABOR

SEC. 715. The Secretary of Labor shall make a full and complete
study of the factors which might tend to result in discrimination in
employment because of age and of the consequences of such discrimination on the economy and individuals affected. The Secretary of
Labor shall make a report to the Congress not later than June 30,
1965, containing the results of such study and shall include in such
report such recommendations for legislation to prevent arbitrary discrimination in employment because of age as he determines advisable.

Report to
Congress.

266

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

EFFECTIVE DATE

Presidential
conferences.

Membership.

SEC. 716. (a) This title shall become effective one year after the
date of its enactment.
(b) Notwithstanding subsection ( a ) , sections of this title other
than sections 703, 704, 706, and 707 shall become effective immediately.
(c) The President shall, as soon as feasible after the enactment of
this title, convene one or more conferences for the purpose of enabling
the leaders of groups whose members will be affected by this title to
become familiar with the rights aft'orded and obligations imposed by
its provisions, and for the purpose of making plans which will result
in the fair and effective administration of this title when all of its
provisions become effective. The President shall invit/e the participation in such conference or conferences of (1) the members of the
President's Committee on Equal Employment Opportunity, (2) the
members of the Commission on Civil Rights, (3) representatives of
State and local agencies engaged in furthering equal employment
opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of
employers, labor organizations, and employment agencies who wdll be
subject to this title.
TITLE VIII—REGISTRATION AND VOTING STATISTICS

Survey.

68 Stat. 1013,
1022; 76 Stat. 922.
13 u s e 9, 211241.

SEC. 801. The Secretary of Commerce shall promptly conduct a survey to compile registration and voting statistics in such geographic
areas as may be recommended by the Commission on Civil Rights.
Such a survey and compilation shall, to the extent recommended by
the Commission on Civil Rights, only include a count of persons of
voting age by race, color, and national origin, and determination of
the extent to which such persons are registered to vote, and have voted
in any statewide primary or general election in which the Members
of the United States House of Representatives are nominated or
elected, since January 1, 1960. Such information shall also be collected and compiled in connection with the Nineteenth Decennial
Census, and at such other times as the Congress may prescribe. The
provisions of section 9 and chapter 7 of title 13, United States Code,
shall apply to any survey, collection, or compilation of registration
and voting statistics carried out under this title: Provided^ however^
That no person shall be compelled to disclose his race, color, national
origin, or questioned about his political party affiliation, how he voted,
or the reasons therefore, nor shall any penalty be imposed for his
failure or refusal to make such disclosure. Every person interrogated
orally, by written survey or questionnaire or by any other means with
respect to such information shall be fully advised with respect to
his right to fail or refuse to furnish such information.
T I T L E IX—INTERVENTION AND PROCEDURE A F T E R
REMOVAL IN CIVIL RIGHTS CASES

63 Stat. 102.

62 Stat. 938.

SEC. 901. Title 28 of the United States Code, section 1447(d), is
amended to read as follows:
"An order remanding a case to the State court from which it was
removed is not reviewable on appeal or otherwise, except that an
order remanding a case to the State court from which it was removed
])ursuant to section 1443 of this title shall be reviewable by appeal
or otherwise."
SEC. 902. Whenever an action has been commenced in any court of
the United States seeking relief from the denial of equal protection of
the laws under the fourteenth amendment to the Constitution on ac-

7B STAT. ]

PUBLIC LAW 88-352-JULY 2, 1964

26?

count of race, color, religion, or national origin, the Attorney General
for or in the name of the United States may intervene in such action
upon timely application if the Attorney General certifies that the case
is of general public importance. I n such action the United States
shall be entitled to the same relief as if it had instituted the action.
T I T L E X—ESTABLISHMENT O F COMMUNITY
KELATIONS SEKVICE
SEC. 1001. (a) There is hereby established in and as a part of the
Department of Commerce a Community Relations Service (hereinafter referred to as the "Service"), which shall be headed by a Director who shall be appointed by the President with the advice and consent of the Senate for a term of four years. The Director is authorized to appoint, subject to the civil service laws and regulations, such
other personnel as may be necessary to enable the Service to carry out
its functions and duties, and to fix their compensation in accordance
with the Classification Act of 1949, as amended. The Director is furfus'c^107*1"'
ther authorized to procure services as authorized by section 15 of the note.
Act of August 2,1946 (60 Stat. 810; 5 U.S.C. 5 5 ( a ) ) , but at rates for
individuals not in excess of $75 per diem.
(b) Section 106(a) of the Federal Executive P a y Act of 1956, as
amended (5 U.S.C. 2205(a)), is further amended by adding the 70 stat. 737.
following clause thereto:
" (52) Director, Community Relations Service."
SEC. 1002. I t shall be the function of the Service to provide assist- Func"°ns.
ance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race,
color, or national origin which impair the rights of persons in such
communities under the Constitution or laws of the United States or
which affect or may affect interstate commerce. The Service may offer
its services in cases of such disputes, disagreements, or difficulties
whenever, in its judgment, peaceful relations among the citizens of
the community involved are threatened thereby, and it may offer
its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.
SEC. 1003. (a) The Service shall, whenever possible, in performing
its functions, seek and utilize the cooperation of appropriate State or
local, public, or j)rivate agencies.
(b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and
without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the
understanding that it would be so held. No officer or employee of the
Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising
out of a dispute in which he acted on behalf of the Service. Any officer
or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be fined not more than $1,000 or imprisoned not more than one year.
SEC. 1004. Subject to the provisions of sections 205 and 1003(b), ^Report to
the Director shall, on or before January 31 of each year, submit to C o n g r e s s .
the Congress a report of the activities of the Service during the
preceding fiscal year.

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PUBLIC LAW 88-a52-JULY 2. 1964

[78 STAT.

TITLE XI—MISCELLANEOUS
Trial by jury.

Exceptions.

Double jeopardy.

Attorney General, etc., authority.
States' authority.

Appropriation.
Separability
clause.

SEC. 1101. I n any proceeding for criminal contempt arising under
title I I , I I I , IV, V, V I , or V I I of this Act, the accused, upon demand
therefor, shall be entitled to a trial by jury, which shall conform
as near as may be to the practice in criminal cases. Upon conviction,
the accused shall not be fined more than $1,000 or imprisoned for
more than six months.
This section shall not apply to contempts committed in the presence
of the court, or so near thereto as to obstruct the administration of
justice, nor to the misbehavior, misconduct, or disolwdience of any
officer of the court in respect to writs, orders, or process of the court.
No person shall be convicted of criminal contempt hereunder unless
the act or omission constituting such contempt shall have been intentional, as required in other cases of criminal contempt.
Nor shall anything herein be construed to deprive courts of their
power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from
punishment for violations of, any lawful writ, process, order, rule,
decree, or command of the court in accordance with the prevailing
usages of law and equity, including the power of detention.
SEC. 1102. No person should be put twice in jeopardy under the
laws of the United States for the same act or omission. F o r this
reason, an acquittal or conviction in a prosecution for a specific crime
under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and
which arises under the provisions of this Act; and an acquittal or
conviction in a proceeding for criminal contempt, which arises under
the provisions of this Act, shall bar a prosecution for a specific crime
under the laws of the United States based upon the same act or
omission.
SEC. 1103. Nothing in this Act shall be construed to deny, impair,
or otherwise affect any right or authority of the Attorney General or
of the United States or any agency or officer thereof under existing
law to institute or intervene in any action or proceeding.
SEC. 1104. Nothing contained in any title of this Act shall be
construed as indicating an intent on the p a r t of Congress to occupy
the field in which any such title operates to the exclusion of State laws
on the same subject matter, nor shall anv provision of this Act be
construed as invalidating any provision oi State law unless such provision is inconsistent with any of the purposes of this Act, or any
provision thereof.
SEC. 1105. There are hereby authorized to be appropriated such
sums as are necessary to carry out the provisions of this Act.
SEC. 1106. 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 provision to other persons not similarly
situated or to other circumstances shall not be affected thereby.
Approved July 2, 1964.


Federal Reserve Bank of St. Louis, One Federal Reserve Bank Plaza, St. Louis, MO 63102