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tendance 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 procccding 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 Commission under subsection (b), except as provided in subsection (c) of this section, the defendant may petition the court for an order modifying or setting aside the demand of the Commission.

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. [and such other relevant information which the commission deems appropriate to effectuate the purposes of this title.]

(b) A willful violation of this section shall be punishable by a fine of not [less] more than $100 [or more than $500] 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.

(b) In any action or proceeding based on any alleged unlawful 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 Commission in the performance of their official duties.


[SEC. 715. There is hereby authorized to be appropriated not to exceed $2,500,000 for the administration of this title by the Commission during the first year after its enactment, and not to exceed $10,000,000 for such purpose during the second year after such date.] [SEPARABILITY CLAUSE]

[SEC. 716. If any provision of this title or the application of such provision to any person or circumstance shall be held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.]

Special study by Secretary of Labor

SEC. [717.] 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 [1964], containing the results of such study and shall include in such report

removal in civil rights cases

such recommendations for legislation to pre- Title IX-Intervention and procedure after vent arbitrary discrimination in employment because of age as he determines advisable. Effective date

SEC. 716 [718]. (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 [704, 704], 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, include a count of persons of voting age by race, color, and national origin, and [a] 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 infor

mation 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, 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.

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, 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.


SEC. 1001. (a) There is hereby established in 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 shall receive compensation at a rate of $20,000 per year.] The Director is authorized to appoint, subject to the Civil Service laws and regulations, such other personnel [not to exceed six in number,] as may be necesfunctions and duties, and to fix their comsary to enable the Service to carry out its cation Act of 1949, as amended. pensation in accordance with the Classifrector is further authorized to procure servThe Diices 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 106a of the Federal Executive Pay Act of 1956, as amended (5 U.S.O.

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 disagreements, or difficulties relating to disand persons therein in resolving disputes, criminatory 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 appropri

ate State or local official or other interested persons.

SEC. 1003. (a) The Service shall, whenever possible, in performing its functions [under this title], seek and utilize the cooperation of the 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 [T]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 [D]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 publio 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), 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.


Sec. 1101. (a) In all cases of criminal contempt arising under the provisions of this Act, the accused, upon conviction, shall be punished by fine or imprisonment or both: Provided, however, That in case the accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, how

ever, That in the event such proceeding for criminal contempt be tried before a judge without a jury the aggregate fine shall not exceed the sum of $300 nor any cumulative imprisonment exceed thirty days. If the trial is by a jury, the procedure shall conform as near as may be to that in other criminal


(b) Section 151 of the Civil Rights Act of 1957 (41 Stat. 638) is amended by striking out the third proviso to the first paragraph thereof, and inserting in lieu thereof the following: "Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury the aggregate fine shall not exceed the sum of $300 nor any cumulative imprisonment exceed thirty days. If the trial is by a jury, the procedure shall conform as near as may be to that in other criminal cases."

SEC. [1101] 1102. 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. [1102] 1103. 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. [1103] 1104. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. [1104] 1105. 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.


Comparison of Bills

EDITORS' NOTE: Senator Holland (D., Fla.) explained the jury-trial and double-jeopardy amendments incorporated by the Senate in the House-passed bill and discussed changes made by the Dirks en-Mansfield substitute.



pp. 14219-14220

Mr. HOLLAND. Mr. President, when the House-passed civil rights bill came to the Senate, statements were made by the proponents, both in the Senate and elsewhere, that the Senate should pass the House-passed bill without change.

The Senate has refused to go along with that approach, and during the course of debate has made substantial changes in the House-passed bill.

I shall mention 65 of such changes made by the Senate during its consideration of the bill-changes which are regarded by the professional staff of the Judiciary Committee as being most substantial amendments.

Two major floor amendments have already been incorporated in the billnamely, the Morton jury trial amendment and the Ervin double Jeopardy amendment.

The Morton amendment provides jury trial in criminal contempt cases arising otherwise than from voting provisions of the bill.

This amendment would guarantee the right to a trial by jury at the option of the accused in all criminal contempt proceedings under titles II through VII of the act. It restricts the punishment to not more than 6 months imprisonment or a fine of not more than $1,000. The grant of right to jury trial in all cases and the limitation of the power of the court to impose sentence are both substantial amendments of the House version of the bill.

The revised Ervin double Jeopardy amendment provides that, in the Federal courts, no person shall 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. This amendment brings the law as to criminal contempts and as to crimes into harmony with the constitutional provision that no man shall be twice put in jeopardy for the same offense.

It is too bad that the decisions of the Supreme Court heretofore have not already accomplished that very salutary result.

The other changes largely come from the provisions of the Dirksen-Mansfield substitute.


I should like to remark that in title VII, as in title II, emphasis is laid on remedial State action or voluntary action before the forces of the Federal Government are called into play. The Dirksen-Mansfield substitute strikes section 701 in toto and delimits the number of employers covered by the bill by adding after the phrase "who has 25 or more employees" the words "for cach working day in cach of 20 or more calendar wecks in the current or preceding calendar year."

The Dirksen-Mansfield substitute amends section 701(e) which describes the kinds of labor organization deemed to be engaged in industry affecting commerce by adding a labor organization which "maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for

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