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TITLE
VIII--REGISTRATION AND VOTING STATISTICS
OOOSEC. 801.
The Secretary of Commerce shall promptly conduct a survey to compile
registration and voting statistics in such geographic areas as may be
recommended by the Commission on Civil Rights. Such a survey and
compilation shall, to the extent recommended by the Commission on
Civil Rights, only include a count of persons of voting age by race,
color, and national origin, and determination of the extent to which
such persons are registered to vote, and have voted in any statewide
primary or general election in which the Members of the United States
House of Representatives are nominated or elected, since January 1,
1960. Such information shall also be collected and compiled in
connection with the Nineteenth Decennial Census, and at such other
times as the Congress may prescribe. The provisions of section 9 and
chapter 7 of title 13, United States Code, shall apply to any survey,
collection, or compilation of registration and voting statistics
carried out under this title: Provided, however, That no person shall
be compelled to disclose his race, color, national origin, or
questioned about his political party affiliation, how he voted, or the
reasons therefore, nor shall any penalty be imposed for his failure or
refusal to make such disclosure. Every person interrogated orally, by
written survey or questionnaire or by any other means with respect to
such information shall be fully advised with respect to his right to
fail or refuse to furnish such information.
TITLE IX--INTERVENTION AND PROCEDURE AFTER
REMOVAL IN CIVIL RIGHTS CASES
OOOSEC. 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."
OOOSEC. 902.
Whenever an action has been commenced in any court of the United
States seeking relief from the denial of equal protection of the laws
under the fourteenth amendment to the Constitution on account of race,
color, religion, or national origin, the Attorney General for or in
the name of the United States may intervene in such action upon timely
application if the Attorney General certifies that the case is of
general public importance. In such action the United States shall be
entitled to the same relief as if it had instituted the action.
TITLE X--ESTABLISHMENT OF COMMUNITY RELATIONS
SERVICE
OOOSEC. 1001.
(a) There is hereby established in and as a part of the Department of
Commerce a Community Relations Service (hereinafter referred to as the
"Service"), which shall be headed by a Director who shall be
appointed by the President with the advice and consent of the Senate
for a term of four years. The Director is authorized to appoint,
subject to the civil service laws and regulations, such other
personnel as may be necessary to enable the Service to carry out its
functions and duties, and to fix their compensation in accordance with
the Classification Act of 1949, as amended. The Director is further
authorized to procure services as authorized by section 15 of the Act
of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at rates for
individuals not in excess of $75 per diem.
OOO(b) Section 106(a) of the Federal
Executive Pay Act of 1956, as amended (5 U.S.C. 2205(a)), is further
amended by adding the following clause thereto: "(52) Director,
Community Relations Service."
OOOSEC. 1002.
It shall be the function of the Service to provide assistance to
communities and persons therein in resolving disputes, disagreements,
or difficulties relating to discriminatory practices based on race,
color, or national origin which impair the rights of persons in such
communities under the Constitution or laws of the United States or
which affect or may affect interstate commerce. The Service may offer
its services in cases of such disputes, disagreements, or difficulties
whenever, in its judgment, peaceful relations among the citizens of
the community involved are threatened thereby, and it may offer its
services either upon its own motion or upon the request of an
appropriate State or local official or other interested person.
OOOSEC. 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.
OOO(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.
OOOSEC. 1004.
Subject to the provisions of sections 205 and 1003(b), the Director
shall, on or before January 31 of each year, submit to the Congress a
report of the activities of the Service during the preceding fiscal
year.
TITLE XI--MISCELLANEOUS
OOOSEC. 1101.
In any proceeding for criminal contempt arising under title II, III,
IV, V, VI, or VII of this Act, the accused, upon demand therefor,
shall be entitled to a trial by jury, which shall conform as near as
may be to the practice in criminal cases. Upon conviction, the accused
shall not be fined more than $1,000 or imprisoned for more than six
months. This section shall not apply to contempts committed in the
presence of the court, or so near thereto as to obstruct the
administration of justice, nor to the misbehavior, misconduct, or
disobedience of any officer of the court in respect to writs, orders,
or process of the court. No person shall be convicted of criminal
contempt hereunder unless the act or omission constituting such
contempt shall have been intentional, as required in other cases of
criminal contempt. Nor shall anything herein be construed to deprive
courts of their power, by civil contempt proceedings, without a jury,
to secure compliance with or to prevent obstruction of, as
distinguished from punishment for violations of, any lawful writ,
process, order, rule, decree, or command of the court in accordance
with the prevailing usages of law and equity, including the power of
detention.
OOOSEC. 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.
OOOSEC. 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.
OOOSEC. 1104.
Nothing contained in any title of this Act shall be construed as
indicating an intent on the part of Congress to occupy the field in
which any such title operates to the exclusion of State laws on the
same subject matter, nor shall any provision of this Act be construed
as invalidating any provision of State law unless such provision is
inconsistent with any of the purposes of this Act, or any provision
thereof.
OOOSEC. 1105.
There are hereby authorized to be appropriated such sums as are
necessary to carry out the provisions of this Act.
OOOSEC. 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.
OOOApproved July 2, 1964.
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