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. 

July 2, 1964 

[H. R. 7152] 

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". 

TITLE I—VOTING RIGHTS 

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 II I of the Civil-Rights Act of 1960 (42 U.S.C. 1974-

74e; 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) For 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 

Civil Rights 

Act of 1964. 

Operation and 

enforcement. 

Voting qualifications. 

Registration, 

etc. 

Literacy tests. 

Records. 

Attorney General. 

Agreements 

with State and 

local authorities. 

"Vote." 

"Literacy 

test." 
242 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT. 

"Federal election." 

Suits by Attorney 

GeneralAppeals. 

Designation of 

judges. 

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) In 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. In 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. 

"It 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. ] PUBLIC LAW 88-352-JULY 2, 1964 243 

TITLE II—INJUNCTIVE EELIE F AGAINST DISCRIMINATION I N PLACES O F PUBLIC 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. For 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 access. 

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 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT. 

Entitlement. 

Interference. 

Restraining 

orders, etc. 

Attorneys* fees. 

Notification of 

State. 

Community Relations Service. 

Hearings and 

inve stigations. 

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 it 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. 

ITpon 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 

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. An 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. In 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. 

It 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. 

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. 

Designation of 

judges. 
246 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT, 

Enforcement. 

Suits by Attorney General. 

Costs, fees. 

62 Stat. 749. 

(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 

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 IV 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. In 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 247 

'•Public 

school." (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 admin- "SCHOOI board." 

ister 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. 

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. 

SUITS BY TH 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. In 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. 

TITLE V—COMMISSION ON CIVIL EIGHTS 

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 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT. 

Transcript 

copies. 

Witness fees. 

Subpena of 

witnesses. 

Organization 

statement, etc. 

Publication in 

Federal Register. 

Payments to 

members. 

75 Stat. 339, 

340. 

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) In 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)." 
75 Stat. 339, 

340. 

78 STAT. ] PUBLIC LAW 88-352-JULY 2, 1964 251 

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 in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while 

engaged in the work of the Commission shall be 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: 

"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 

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 amend e by striking out in the last sentence 

thereof "$50 per diem" and inserting in lieu thereof "$75 per diem." 

77 Stat. 271. 
252 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT. 

Powers. 

Ante, p. 250. 

Rules governing 

grants, loans, and 

contracts. 

Approval by 

President. 

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." 

TITLE VI—NONDISCRIMINATION IN FEDERALLY 

ASSISTED PROGRAMS 

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 253 

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. 

In 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. 

^ TITLE VII—EQUAL EMPLOYMENT OPPORTUNITY 

Termination. 

Judicial review. 

60 Stat. 243. 

5 us e 1009. 

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 us e 501. 
254 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT. 

"Employment 

agency. " 

"Labo r organization. " 

61 Stat. 136. 

29 us e 167. 

44 Stat. 577; 

49 Stat. 1189. 

45 us e 151. 

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 

employer. 

(g) The term "commerce" means trade, traffic, commerce, transportation, 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, 

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 

1959. 

(i) The term "State" includes a State of the United States, the 

District of Columbia, Puerto Eico, the Virgin Islands, American 

Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental 

Shelf lands defined in the Outer Continental Shelf Lands Act. 

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. 

'Employee. " 

"Commerce. " 

"Industry affecting commerce. " 

73 Stat. 519. 

29 us e 401 

note . 

"State. " 

67 Stat. 462. 

43 us e 1331 

note. 

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. 
grams. 

256 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. 

Exceptions. ^^^ 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 

50 use ^^i' pursuant to the Subversive Activities Control Act of 1950. 

note. (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. 
Preferential 

treatment. 

78 STAT. ] PUBLIC LAW 88-352-JULY 2, 1964 257 

(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 

Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)). H l'^^ ^^e 

(i) Nothing contained in this title shall apply to any business or Indians. 

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) It 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) It 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-
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. 

Establishment. 

Term of office. 

Post, o. 400. 

5 us e 1071 

note. 

Reports to the 

President and 

Congress. 

70 Stat. 736. 

5 us e 2201 

note. 

70 Stat. 737. 

5 us e 2205. 

Powers. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

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. 

PREVENTION OF UNLAWFU L EMPLOYMENT 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 

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 expiraings. 
260 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT. 

Time requirements. 

Courts. 

Jurisdiction. 

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) In 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 

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 

ney General. 
,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 assi ^ 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. 

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 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. 

It 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. 

EFFECT ON STATE LAWS 

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. 

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES 

SEC. 709. (a) In 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. 

stSTlndTolai (^) '^^® Commission may cooperate with State and local agencies 

agenciTs. °'^^ 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. In 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 PUBLIC LAW 88-a52-JULY 2, 1964 [78 STAT. 

Prohibited disclosures. 

Petitions. 

(e) It 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 

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. ] PUBLIC LAW 88-3i52-JULY 2, 1964 265 

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 RESISTIN G 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. 

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. 

Presidential 

conferences. 

Membership. 

Survey. 

68 Stat. 1013, 

1022; 76 Stat. 922. 

13 us e 9, 211-

241. 

EFFECTIVE DATE 

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 

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. 

TITLE IX—INTERVENTION AND PROCEDURE AFTER 

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. 

TITLE X—ESTABLISHMENT OF 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 fur- fus'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. 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 70 stat. 737. 

following clause thereto: 

" (52) Director, Community Relations Service." 

SEC. 1002. It 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 

the Congress a report of the activities of the Service during the 

preceding fiscal year. 

Congress. 
268 PUBLIC LAW 88-a52-JULY 2. 1964 [78 STAT. 

TITLE XI—MISCELLANEOUS 

Trial by jury. 

Exceptions. 

Double jeopardy. 

Attorney General, etc., authority. 

States' 

ity. 

authorAppropriation. 

Separability 

clause. 

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 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. 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 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.