July 2, 1964 - 25 Pub. Law 88-352 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. 60 Stat. 237. note. (b) In any action or proceeding based on any alleged unlawful 5 USC 1001 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or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such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 RESISTING THE 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 Com- 62 Stat. 688. mission in the performance of their official duties. 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 discrimi nation on the economy and individuals affected. The Secretary of Report to Labor shall make a report to the Congress not later than June 30, Congress. 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. Presidential conferences. Membership. Survey. Pub. Law 88-352 - 26 EFFECTIVE DATE July 2, 1964 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 afforded 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 invite 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 will be subject to this title. TITLE VIII-REGISTRATION AND VOTING STATISTICS 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 68 Stat. 1013, provisions of section 9 and chapter 7 of title 13, United States Code, 1022. 76 Stat. 922. 13 USC 9, 211241. 63 Stat. 102. 62 Stat. 938. shall apply to any survey, collection, or compilation of registration TITLE IX-INTERVENTION AND PROCEDURE AFTER 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 pursuant 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 EQUAL EMPLOYMENT OPPORTUNITY, 1965 July 2, 1964 - 27 Pub. Law 88-352 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. In such action the United States shall be entitled to the same relief as if it had instituted the action. TITLE X-ESTABLISHMENT OF COMMUNITY 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 fur- 63 Stat. 954; ther authorized to procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55 (a)), but at rates for 5 USC 1071 individuals not in excess of $75 diem. (b) Section 106(a) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2205 (a)), is further amended by adding the 70 Stat. 737. following clause thereto : 66 per "(52) Director, Community Relations Service." 76 Stat. 843. note. SEC. 1002. It shall be the function of the Service to provide assist- Functions. 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 private 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 Congress. the Congress a report of the activities of the Service during the preceding fiscal year. Pub. Law 88-352 - 28 July 2, 1964 78 STAT. 268. Trial by jury. Exceptions. Double jeopardy. Attorney General, TITLE XI-MISCELLANEOUS SEC. 1101. In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII 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 împrisoned 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 disobedience 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. For 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, etc., authority. 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. States' authority. Appropriation. Separability clause. SEC. 1104. Nothing contained in any title of this Act shall be construed as indicating an intent on the part 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 any provision of this Act be construed as invalidating any provision of 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. (OVER) EQUAL EMPLOYMENT OPPORTUNITY, 1965 July 2, 1964 - 29 Pub. Law 88-352 LEGISLATIVE HISTORY: HOUSE REPORTS: Nos. 914, 914 pt. 2 (Comm. on the Judiciary). Jan. 31; Feb. 1, 3-8: Considered in House. Feb. 10: Considered and passed House. Feb. 26: Senate placed bill on calendar. Mar. 9-14, 16-21, 23-25: Senate debated motion to consider bill. Mar. 26: Senate agreed to motion to consider bill. Mar. 30, 31; Apr. 1-3, 6-11, 13-18, 20-25, 27-30; May 1, 2, 4-8, 11-16, 18-22, 25-28; June 1-6: Considered in Senate. June 8: Motion for cloture filed in Senate. June 9: Considered in Senate. June 10: Senate adopted motion for cloture. June 19: Considered and passed Senate, amended. |