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SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975b(b); 71 Stat. 634) is amended to read as follows: " (b) Each member of the Commission who is otherwise i n the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expenses Act of 1949, as amended (5 U.S.C. 835-42; 63 Stat. 166)." SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(a); 71 Stat. 635), as amended, is further amended to read as follows:

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75 Stat. 339, 340.

"DUTIES OF THE COMMISSION

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

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Ante, p. 250.

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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 — N O N D I S C R I M I N A T I O N IN FEDERAL L Y ASSISTED PROGRAMS

Rules governing grants, loans, and contracts.

Approval by President.

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

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

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Termination.

Judicial review.

60 Stat. 243. 5 USC 1009.

TITLE VII—EQUAL EMPLOYMENT OPPORTUNITY DEFINITIONS

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

 * 'Person."

"Employer."

68A Stat. 163; 74 Stat. 534. 26 USC 501.

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"Employment agency."

" Labor organization."

61 Stat. 136. 29 USC 167. 44 Stat. 577; 49 Stat. 1189. 45 USC 151.

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[78 STAT.

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

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

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

Religious organizations, etc.

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

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

Unlawful practices. Employers.

Employment agency.

Labor organization.

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.^«^"'"^ ^^°' grams.

Exceptions.

50 USC ^^i' note.

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[78 STAT.

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

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

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

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H l'^^ ^^e Indians.

Preferential treatment.

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

Term of office.

Post, o. 400. 5 USC 1071 note.

Reports to the President and Congress.

70 Stat. 736. 5 USC 2201 note.

70 Stat. 737. 5 USC 2205.

Powers.

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

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(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 USC 1 is'i. P R E V E N T I O N OF U N L A W F U 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 ings. or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) by the person aggrieved before the expira-

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Time requirements.

Courts. Jurisdiction.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

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

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 from the doublure of the carapace, but no epistoma is formed. The metastoma is oval in outline, but slightly emarginate in front. The tergites and sternites are more or less bandlike and plain as in other genera; the male opercular appendage is small, with simple median lobe; that of the female long, extending to the third sternite and beyond, consisting of two paired and two single members, the paired members forming two pentagonal basal pieces, and two clawlike terminal pieces. The single imbricating lobes form the long median part. They are produced into lateral points at their posterior extremities. Two curved, interior tubes are connected with the female organ. The postabdominal segments are bandlike rings. The telson is long, spinelike, flat on the dorsal side and carinate on the ventral side.

Several species which have currently been brought under Eurypterus are here shown to belong to Eusarcus and to differ in a number of characters of generic value, viz, the form of the carapace which is triangular, the marginal position of the compound eyes, the decrease backward of the endognathites and the spinosity of all legs, the form of the metastoma, which is subtriangular and the broad and flat preabdomen. The differences of Eurypterus from the other genera are well known and for the most part manifest. They consist principally in the position of the lateral eyes, the absence of distinct facets, the different development of the chelicerae and endognathites, the form of the metastoma, of the opercular appendages and of the telson.

The North American species are given in the following list, those found in New York being distinguished by an asterisk. The list is in ascending order.


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 THE

ECCLESIASTICAL HISTORY

OF

EUSEBIUS PAMPHILUS.

CHAPTER I.

Subject of the present work.

As it is my purpose to record the successions of the holy apostles, together with the times since our Saviour, down to the present, to recount how many and important transactions are said to have occurred in ecclesiastical history, what individuals in the most noted places eminently governed and presided over the church, what men also in their respective generations, whether with or without their writings, proclaimed the divine word; to describe the character, times and number of those who, stimulated by the desire of innovation, and advancing to the greatest errors, announced themselves leaders in the propagation of false opinions, like grievous wolves, unmercifully assaulting the flock of Christ. As it is my intention, also, to describe the calamities that swiftly overwhelmed the whole Jewish nation, in consequence of their plots against our Saviour; how often, by what means and in what times, the word of God has encountered the hostility of the nations; what eminent persons persevered in contending for it through those periods of blood and torture, beside the martyrdoms which have been endured in our own times: and after all, to show the gracious and benign interposition of our Saviour; these being proposed as the subjects of the present work, I shall go back to the very origin and the earliest "introduction of the dispensation of our Lord and Saviour the Christ of God. 13


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edition of Eusebius here offered to the public, is the first that has been issued in this country. It had its origin in the want of health, to sustain the ordinary labours of the ministry, and a wish to promote the knowledge, and advance the cause of religion. The nature of the work, and the estimation in which it has usually been held by the learned and pious, sanction the measure the Publisher was induced to adopt, as being well calculated to answer the design. Circumstances attending the rise and early progress of Christianity, in a great measure peculiar to the character, condition, and wants of an infant Institution, established by Divine authority, and protected to its completion by evident tokens of the Divine presence and approbation, highly interesting in their nature, and extremely important to be known, invest the Ecclesiastical History of Eusebius, (especially as it succeeds immediately to the Acts of the Apostles, and is for a considerable period the only work of the kind,) with a degree of value, to subsequent ages, that no other uninspired document is entitled to claim. The undersigned is firmly persuaded that its extensive circulation will, as it furnishes the means in a good degree of comparing modern with primitive times, and of viewing them in contrast with each other, tend to increase useful knowledge, promote soundness and unity in the faith, advance the cause of the Church, and maintain peace and quietness among all Christian people. In the confident opinion, that a general acquaintance with primitive Christianity would effect much for its cause, he has frequently wished to see the more important works of that period accessible to the community at large. The following was selected as an experiment, in the confident expectation of success; and is now at length issued, though the Rh


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iv received will not defray more than half the entire expense of the publication. He trusts, however, that its value as a history, and its merits as a version, together with the pains and expense incurred, to render the volume worthy of public approbation, will secure the success of a laudable enterprize. It is his wish to give that which he is persuaded the Christian community will be gratified to receive—the history of the primitive Church, by Eusebius, accessible to common readers, and executed and finished with fidelity.

Deeming it exceedingly important to the interests of religion, that the eye of Christians, generally, should be directed to primitive times, the undersigned contemplates the publication of some of the choicer works of that period. Should the patronage of Christian denominations, generally, warrant the undertaking, a regular series of the entire works, and parts of works, of primitive Christianity, as nearly in their chronological order as may be, adapted to the use of parish, congregational, and other public libraries, will, as soon as the important arrangements necessary to its being executed in good faith can be made, be commenced. THE PUBLISHER.
 * Philadelphia, March 22d, 1833.


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 {| width="100%"
 * Upper Siluric
 * width="50%" style="padding-left:20px;" | GUELPH DOLOMITE || width="50%" | *E. pustulosus Hall
 * E. (Tylopterus) boylei Whiteaves || style="padding-left:20px;" | MANLIUS LIMESTONE
 * style="padding-left:20px;" | PITTSFORD SHALE || *E. microphthalmus Hall
 * *E. pittsfordensis Sarle || Carbonic
 * style="padding-left:20px;" | SHAWANGUNK GRIT || style="padding-left:20px;" | WAVERLY BEDS
 * *E. maria Clarke || E. approximatus Hall & Clarke
 * style="padding-left:20px;" | BERTIE WATERLIME || style="padding-left:20px;" | COAL MEASURES
 * *E. remipes DeKay || E. mazonensis Meek & Worthen
 * *E. lacustris Harlan || E. mansfieldi C. E. Hall
 * *E. lacustris var. pachychirus Hall || E. pennsylvanicus C. E. Hall
 * *E. dekayi Hall || E. potens Hall
 * || E. stylus Hall
 * }
 * style="padding-left:20px;" | BERTIE WATERLIME || style="padding-left:20px;" | COAL MEASURES
 * *E. remipes DeKay || E. mazonensis Meek & Worthen
 * *E. lacustris Harlan || E. mansfieldi C. E. Hall
 * *E. lacustris var. pachychirus Hall || E. pennsylvanicus C. E. Hall
 * *E. dekayi Hall || E. potens Hall
 * || E. stylus Hall
 * }
 * *E. lacustris var. pachychirus Hall || E. pennsylvanicus C. E. Hall
 * *E. dekayi Hall || E. potens Hall
 * || E. stylus Hall
 * }
 * || E. stylus Hall
 * }

DeKay. Ann. N. Y. Lyc. Nat. Hist. 1825. 1:375, pl. 29

DeKay. Ibid. 1828. 2:273

Harlan. Geol. Soc. Penn. Trans. 1832. 1: 96, pl. 5

Bronn. Lethaea Geognostica. 1: 109, v. 9, fig. 1

Hall. Palaeontology of New York. 1859. 3: 404*, pl. 80, fig. 1–12; pl. 80A, fig. 1–6; pl. 83B, fig. 2

Clarke. Zittel's Text-book of Palaeontology, Eastman Translation. 1900. v. 1, pt II, p. 676, fig. 1420, 1421 Not

Eichwald. Soc. Imp. des Naturalistes de Moscou. Bul. 1854. 1: 49, 100, pl. 1

Nieszkowski. Arch. für Liv-, Est- u. Kurland. 1859. Ser. 1, Bd. 2, p. 299–344, T. 1, 2

Logan. Geology of Canada. 1863. p. 354, fig. 464 F. Roemer. Lethaea Palaeozoica. 1876. pl. 18, fig. 4

Gerstäcker. Klassen und Ordnungen des Thierreichs. pl. 35, fig. 13–16; pl. 43, fig. 1, 2

McMurrich. Text-book of Invertebrate Morphology. 1894. p. 433, fig. 198


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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, United States Code. ^l |J^*- ^^l: (k) I n any action or proceeding under this title the court, m its 72 Stat. 348, discretion, may allow the prevailing party, other than the Commission ^^^osts fees. or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person. SEC. 707. (a) Whenever the Attorney General has reasonable cause ^"^^^ ^y A"""" to believe that any person or group of persons is engaged m a pattern ney General. or practice of resistance to 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 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

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

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

stSTlndTolai agenciTs. °'^^

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

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

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

Petitions.

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

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 Description. Body of small size, ovate-lanceolate in form, four times as long as wide, relatively wide in front and broadest at one third of its length; moderately convex.

Cephalothorax relatively small. The carapace occupies one sixth or less of the total length of the body, is typically trapezoidal in outline, length to width as 3 : 4 or more frequently as 4 : 5; its lateral margins nearly straight, slightly converging forward, forming an obtuse, slightly rounded angle, with the nearly straight frontal margin. The posterior margin is broadly concave, the postlateral angles truncated, the truncated portion forming a distinct angle with the extremities of the concave part. The surface is moderately convex, highest in the middle near the posterior margin, where it is about one fourth as high as long. The carapace is bordered by a steeply inclined smooth marginal rim, broadest in front and narrowing toward the postlateral angles. The outer edge of the carapace is sharp; its underside is formed by the narrow doublure to which the connecting membrane is attached. The latter is frequently cleft along the anterior median line. Its width and natural position are shown in plates 5 and 6, figure 2. The compound eyes are situated a little in front of the middle, twice as far apart as distant from the lateral margin, one fifth, or less, as long as the carapace, bean-shaped, prominent, the kidneyshaped visual area entirely smooth. The two ocelli are situated on separate tubercles in a line connecting the centers of the compound eyes. Along the posterior half of the middle line a broad flat ridge (glabella) is delimited by two parallel furrows. Another pair of broader and deeper furrows passes in front and outside of the lateral eyes. These can be traced to the posterior margin, toward which they converge and become fainter. The part of the carapace outside of this furrow is very smooth. Frequently a small triangular area or a median furrow is observed on the mediofrontal part of the carapace.

The preabdomen occupies one fourth of the length of the body, and is a little wider than long. It attains its greatest width at about the fourth tergite. In the best preserved specimens it is almost evenly convex


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

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

PREFERENCE

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

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

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EFFECTIVE DATE

Presidential conferences.

Membership.

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

Survey.

68 Stat. 1013, 1022; 76 Stat. 922. 13 USC 9, 211241.

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

63 Stat. 102.

62 Stat. 938.

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

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

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PUBLIC LAW 88-a52-JULY 2. 1964

[78 STAT.

TITLE XI—MISCELLANEOUS Trial by jury.

Exceptions.

Double jeopardy.

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

Appropriation. Separability clause.

SEC. 1101. I n any proceeding for criminal contempt arising under title 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 any 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.

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 PUBLIC LA¥ 88-354-JULY 3, 1964

78 STAT. 1

269

Public Law 88-353 AN ACT To amend the Federal Credit Union Act to allow Federal credit unions greater flexibility in their organization and operations.

July 2, 1964 [H. R. 8459]

Be it enacted by the Senate and House of Representatives of the Fed ral United States of America in Congress assembled, That paragraph Unione Act, Credit amend(7) of section 8 of the Federal Credit Union Act (12 U.S.C. 1757) ment. is amended (1) by striking out "or" immediately before " (D) ", and 73 Stat. 630. (2) by adding at the end thereof "or (E) in obligations issued by banks for cooperatives, Federal land banks, Federal intermediate credit banks, Federal home loan banks, the Federal Home Loan Bank Board, or any corporation designated in section 101 of the Government Corporation Control Act as a wholly owned Government 7559 Stat. 59 7; Stat. 774. corporation;". 31 USC 846. SEC. 2, The first sentence of section 12 of the Federal Credit Union Act (12 U.S.C. 1761) is amended by striking out "supervisory committee of three members" and inserting "supervisory committee of not less than three members nor more than five memoers". SEC. 3. The third sentence of section 14 of the Federal Credit Union Act (12 U.S.C. I761b) is amended by striking out "December 31 in proportion to the interest paid h^ them during that year" and inserting "the last day of any dividend period in proportion to the interest paid by them during that dividend period". SEC. 4. The last sentence of section 15 of the Federal Credit Union Act (12 U.S.C. l761c) is amended by inserting before the period: "and, subject to such regulations as the Director may prescribe, insur12 u ance obtained under title I of the National Housing Act shall be 1706d. s e 1702deemed adequate security". SEC. 5. Section 1014 of Title 18 of the United States Code is 73 Stat. 387. amended by striking out "or of a Federal Keserve bank, or of a small business investment company," and inserting "a Federal Reserve bank, a small business investment company, or a Federal credit union,". Approved July 2, 1964. Public Law 88-354 JOINT RESOLUTION To establish a National Commission on Food Marketing to study the food industry from the producer to the consumer.

July 3, 1964 [S. J. R e s. 71]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That there is hereby estab- ^,^^li°"^i P°'!^ T

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lished a bipartisan National Commission on J^ood Marketing (herein- Marketing. Organization. after referred to as the "Commission"). SEC. 2. ORGANIZATION or THE COMMISSION.—(a) The Commission shall be composed of fifteen members, including (1) five Members of the Senate, to be appointed by the President of the Senate; (2) five Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; and (3) five members to be appointed by the President from outside the Federal Government. (b) Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original position. (c) Eight members of the Commission shall constitute a quorum. e o m p e n s a t i o n SEC. 3. COMPENSATION OF MEMBERS.—(a) Members of Congress who members.

are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other neces-

of

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 270

60 Stat. 808. Duties.

Reports to President and Congress. Powers of the Commission.

Reports.

Oaths. Subpenas.

Aid of district court.

Testimony by deposition.

Payment of witnesses. Compliance order.

PUBLIC LAW 88-354-jULY 3, 1964

178 STAT.

sary expenses incurred by them in the performance of the duties vested in the Commission. (b) Each member of the Commission who is appointed by the President may receive compensation at the rate of $100 for each day such member is engaged upon work of the Commission, and shall be reimbursed for travel expenses, including per diem in lieu of subsistence as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. SEC. 4. DUTIES OF THE COMMISSION.—^(a) The Commission shall study and appraise the marketing structure of the food industry, including the following: (1) The actual changes, principally in the past two decades, in the various segments of the food industry; (2) The changes likely to materialize if present trends continue; (3) The kind of food industry that would assure efficiency of production, assembly, processing, and distribution, provide appropriate services to consumers, and yet maintain acceptable competitive alternatives of procurement and sale in all segments of the industry from producer to consumer; (4) The changes in statutes or public policy, the organization of farming and of food assembly, processing, and distribution, and the interrelationships between segments of the food industry which would be appropriate to achieve a desired distribution of power as well as desired levels of efficiency; (5) The effectiveness of the services, including the dissemination of market news, and regulatory activities of the Federal Government in terms of present and probable developments in the industry; and (6) The effect of imported food on United States producers, processors and consumers. (b) The Commission shall make such interim reports as it deems advisable, and it shall make a final report of its findings and conclusions to the President and to the Congress by July 1, 1965. SEC. 5. POWERS OF THE COMMISSION.—(a) The Commission, or any three members thereof as authorized by the Commission, may conduct hearing^ anywhere in the United States or otherwise secure data and expressions of opinions pertinent to the study. I n connection therewith the Commission is authorized by majority vote— (1) to require, by special or general orders, corporations, business firms, and individuals to submit in writing such reports and answers to questions as the Commission may prescribe; such submission shall be made within such reasonable period and under oath or otherwise as the Commission may determine; ^2) to administer oaths; (3) to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (4) in the case of disobedience to a subpena or order issued under paragraph (a) of this section to invoke the aid of any district court of the United States in requiring compliance with such subpena or order; (5) in any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths, and in such instances to compel testimony and the production of evidence in the same manner as authorized under subparagraph (3) and (4) above; and (6) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (b) Any district court of the United States within the jurisdiction of which an inquiry is carried on may, in case of refusal to obey a

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 78 STAT. T

PUBLIC LAW 88-354-JULY 3, 1964

subpena or order of the Commission issued under paragraph (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) The Commission is authorized to require directly from the head of any Federal executive department or independent agency avail-' able information deemed useful in the discharge of its duties. All departments and independent agencies of the Government are hereby authorized and directed to cooperate with the Commission and to furnish all information requested by the Commission to the extent permitted by law. (d) The Commission is authorized to enter into contracts with Federal or State agencies, private firms, institutions, and individuals for the conducting of research or surveys, the preparation of reports^ and other activities necessary to the discharge of its duties. (e) When the Commission finds that publication of any information obtained by it is in the public interest and would not give an unfair competitive advantage to any person, it is authorized to publish such information in the form and manner deemed best adapted for public use, except that data and information which would separately disclose the business transactions of any person, trade secrets, or names of customers shall be held confidential and shall not be disclosed by the Commission or its staff: Provided, however, That the Commission shall permit business firms or individuals reasonable access to documents furnished by them for the purpose of obtaining or copying such documents as need may arise. (f) The Commission is authorized to delegate any of its functions to individual members of the Commission or to designated individuals on its staff and to make such rules and regulations as are necessary for the conduct of its business, except as herein otherwise provided. SEC. 6. ADMINISTRATIVE ARRANGEMENTS.—(a) The Commission is authorized, without regard to the civil service laws and regulations or the Classification Act of 1949, as amended, to appoint and fix the compensation of an executive director and the executive director, with the approval of the Commission, shall employ and fix the compensation of such additional personnel as may be necessary to carry out the functions of the Commission, but no individual so appointed shall receive compensation in excess of the rate authorized for GS-18 under the Classification Act of 1949, as amended. (b) The executive director, with the approval of the Commission, is authorized to obtain services in accordance with the provisions of section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not to exceed $100 per diem. (c) The head of any executive department or independent agency of the Federal Government is authorized to detail, on a reimbursable basis, any of its personnel to assist the Commission in carrying out its work. (d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services; Provided, That the regulations

271

Executive departments and agencies, cooperation.

Contract authority.

Publication of information.

Delegation of functions.

Personnel and compensation provisions. 63 Stat. 954. 5 USC 1071 note.

Post, p. 400. 5 USC 1113. Employment of experts or consultants. 60 Stat. 810. Detail of personnel to eommission. Financial and administrative services furnished by GSA.

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66 Stat. 6 6 1.

Termination. Appropriation.

PUBLIC LAW 88-355-JULY 7, 1964

I78 STAT.

of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C. 46c) shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Administrator for the administrative control of funds (31 U.S.C. 665(g)) shall.apply to appropriations of the Commission: Provided further, That the Commission shall not be required to prescribe such regulations. (e) Ninety days after submission of its final report, as provided in section 4(b), the Commission shall cease to exist. SEC. Y. AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated such sums not in excess of $1,500,000 as may be necessary to carry out the provisions of this joint resolution. Any money appropriated pursuant hereto shall remain available to the Commission until the date of its expiration, as fixed by section 6(e). Approved July 3, 1964.

Public Law 88-355 July 7, 1964 [H. R. 6920]

Veterans. Disability income insurance provisions. 72 Stat. 1151.

65 Stat. 36.

60 Stat. 786.

AN ACT To amend section 71.T of title 38. United States Code, to authorize, under certain conditions, the issuance of total disability income provisions for inclusion in National Service Life Insurance policies to provide coverage to age sixty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective January 1, 1965, section 715 of title 38, United States Code, is amended to read as follows: "The Administrator shall, except as hereinafter provided, upon application by the insured and proof of good health satisfactory to the Administrator and payment of such extra premium as the Administrator shall prescribe, include in any National Service Life Insurance policy on the life of the insured (except a policy issued under section 620 of the National Service Life Insurance Act of 1940, or section 722 of this title) provisions whereby an insured who is shown to have become totally disabled for a period of six consecutive months or more commencing after the date of such application and before attaining the age of sixty-five and while the payment of any premium is not in default, shall be paid monthly disability benefits from the first day of the seventh consecutive month of and during the continuance of such total disability of $10 for each $1,000 of such insurance in effect when such benefits become payable. The total disability provision authorized under this section shall not be issued unless application therefor is made either prior to the insured's fifty-fifth birthday, or before the insured's sixtieth birthday and prior to January 1, 1966. The total disability provision authorized under this section shall not be added to a policy containing the total disability coverage heretofore issued under section 602(v) of the National Service Life Insurance Act of 1940, or the provisions of this section as in effect before January 1, 1965, except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Administrator, and payment of such extra premium as the Administrator shall determine is required in such cases. Participating policies containing additional provisions for the payment of disability benefits may be separately classified for the purpose of dividend distribution from otherwise similar policies not containing such benefits." Approved July 7, 1964.

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 78 STAT. J

PDBLIC LAW 88-356-JULY 7, 1964

273

Public Law 88-356 AN ACT Making appropriations for the Department of the Interior and related agencies for thefiscalyear ending June 30, 1965, and for other purposes. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending June 30, 1965, and for other purposes, namely:

July 7, 1964 [H. R. 10433]

Department of the Interior and Related Agencies Appropriation Act, 1965.

TITLE I—DEPARTMENT OF THE INTERIOR PUBLIC LAND MANAGEMENT BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $45,372,000. CONSTRUCTION

For acquisition and construction of buildings, appurtenant facilities, and other improvements, $1,100,000, to remain available until expended. P U B L I C LANDS DEVELOPMENT ROADS A N D TRAILS ( L I Q U I D A T I O N O F CONTRACT AUTHORIZATION)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $2,000,000, to remain available until expended.

72 Stat. 906; 76 Stat. 1147.

OREGON A N D CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-^rant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: Provided, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided further, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Bureau of Public Roads, Department of Commerce: Provided further, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land-grant fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 ^50 Stat. 876).

43 USC 118 If.

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