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. TITLE IX-INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CASES 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 account 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 RELATIONS SERVICE 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 further 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 individuals not in excess of $75 per 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 following clause thereto : "(52) Director, Community Relations Service." SEC. 1002. It shall be the function of the Service to provide assistance 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 a 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), the Director shall, on or before January 31 of each year, submit to the Congress a report of the activities of the Service during the preceding fiscal year. 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 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 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, 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 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. LEGISLATIVE HISTORY House Reports: Nos. 914, 914, pt. 2 (Comm. on the Judiciary). Congressional Record, vol. 110 (1964): 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 11-13, 15-18: Considered in Senate. June 19: Considered and passed Senate, amended. June 2: House concurred in Senate amendments. [H. Doc. 318, 88th Cong., 2d sess.] COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING PROPOSED SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR 1965 IN THE AMOUNT OF $13,088,000 TO SUPPORT PROGRAMS AUTHORIZED BY THE CIVIL RIGHTS ACT OF 1964 The SPEAKER OF THE HOUSE OF REPRESENTATIVES. THE WHITE HOUSE, Washington, July 20, 1964. SIR: I have the honor to transmit herewith for the consideration of the Congress proposed supplemental appropriations for the fiscal year 1965 in the amount of $13,088,000 to support programs authorized by the Civil Rights Act of 1964. The details of these proposed appropriations are set forth in the attached letter from the Director of the Bureau of the Budget, with whose comments and observations thereon I concur. Passage of the Civil Rights Act will earn for the 88th Congress a place of honor among those who have fought for human dignity in our history. By enacting this charter, the Congress has assured that we shall achieve ultimate victory in the long struggle to guarantee the fundamental rights of every American citizen. I am sure that the Congress which enacted this charter will wish promptly to provide the funds necessary to implement it. Though some activities can and will be started immediately without additional financing, money is needed to support programs to increase popular understanding of the law, to provide help in coping with the problems caused by its initial impact, and to increase the Federal Government's capacity to enforce it. The modest request I make today will allow use to begin these vital tasks. I wish to emphasive the importance I attach to early action on this request. The more promptly we are able to make effective the act's protections, the sooner justice will be provided to all our citizens in the manner prescribed by the Constitution. To delay that justice would be to deny it. Respectfully yours, LYNDON B. JOHNSON. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET. Washington, D.C., July 16, 1964. THE PRESIDENT, The White House. SIR: I have the honor to submit herewith for your consideration proposed supplemental appropriations for the fiscal year 1965 in the amount of $13,088,000 to begin functions authorized by the Civil Rights Act of 1964 as follows: DEPARTMENT OF COMMERCE COMMUNITY RELATIONS SERVICE SALARIES AND EXPENSES For necessary expenses of the Community Relations Service established by Title X of the Civil Rights Act of 1964, $1,100,000. This proposed appropriation is necessary to establish the Community Relations Service, which will conciliate disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin. In addition, the Service will hold hearings and otherwise act upon court referrals as provided in title II of the act. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF EDUCATION CIVIL RIGHTS EDUCATION AL ACTIVITIES For carrying out the provisions of Title IV of the Civil Rights Act of 1964 relating to functions of the Commissioner of Education, $8,000,000, of which not to exceed $2,000,000 shall be for salaries and expenses, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). This appropriation will provide funds for the Department of Health, Education, and Welfare activities authorized under title IV of the Civil Rights Act of 1964 relating to desegregation of public education. Grants will be made for operation of institutes to train school staff, for support of specialized personnel, and for local in-service training programs to meet problems occasioned by desegregation. The Office of Education will provide technical assistance upon request of local schools and will prepare a report on the availability of equal educational opportunities in public educational institutions in the United States. DEPARTMENT OF JUSTICE LEGAL ACTIVITIES AND GENERAL ADMINISTRATION SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES For an additional amount for "Salaries and expenses, general legal activities", $1,093,000. This supplemental appropriation is to enable the Department of Justice to begin enforcement of the provisions contained in the Civil Rights Act of 1964 for which it is responsible. The funds will provide for 49 additional attorneys, 60 additional clerical employees, and related costs for the Civil Rights Division. In addition to normal clerical supporting duties, the clerical staff will be employed to collect and collate the data that will be necessary to ascertain whether or not there exist patterns of discrimination under the act. COMMISSION ON CIVIL RIGHTS SALARIES AND EXPENSES For an additional amount for "Salaries and expenses", $295,000. Additional funds are needed to enable the Commission on Civil Rights to carry out two new functions assigned under title V of the Civil Rights Act of 1964: (a) to serve as a national clearinghouse for civil rights information; and (b) to investigate allegations of violation of voting rights. Of the amount requested, $205,000 will be used to provide 20 additional positions for a Technical Information Center and related field activity. The Center will collect and disseminate information with respect to denials of equal protection of the laws because of race, religion, or national origin. The remaining $90,000 will be used to provide five additional positions to enable the Commission to conduct investigations and hearings in response to specific complaints that individuals or groups are being unlawfully accorded or denied the right to vote. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission established by Title VII of the Civil Rights Act of 1964, $2,500,000. This proposed appropriation is to finance the establishment and first-year operating costs of the Equal Employment Opportunity Commission. The Commission is created to implement title VII of the Civil Rights Act which establishes the national policy that it is an unlawful employment practice for employers, employment agencies, or unions, in an industry affecting commerce, to discriminate against individuals because of race, color, religion, sex, or national origin. During the first year of operation, the Commission will be engaged in general educational efforts and technical assistance programs; enforcement activities are not authorized to begin until 1 year after passage of the act. DEPARTMENT OF LABOR MANPOWER ADMINISTRATION SPECIAL STUDY ON DISCRIMINATION IN EMPLOYMENT For expenses necessary to conduct a study of the factors which This appropriation will provide funds to the Department of Labor to cover the expenses of making a study on discrimination in employment because of age, as provided in section 715 of the Civil Rights Act of 1964. The act directs the Secretary of Labor to make a study of discrimination in employment because of age and requires a report to the Congress before June 30, 1965, on the findings of that study. A substantial amount of data has already been collected on the subject, and studies already planned as a part of the manpower research program of the Department will provide additional information which will be analyzed and used in the preparation of the report. Funds are not needed at this time but may be required later for certain other activities authorized by the Civil Rights Act of 1964, such as the surveys of registration and voting statistics. The amounts requested herein, when added to amounts previously requested, will not raise total requests above the totals proposed in the 1965 budget. I recommend the transmission of these proposed supplementals to the Congress in the amounts specified. Respectfully yours, KERMIT GORDON, Director of the Bureau of the Budget. Mr. ROONEY. The total of the amounts for the various agencies concerned with the implementation of this civil rights law is $13,088,000. SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES |