71 Stat. 636. POWERS OF THE COMMISSION SEC. 105. (a) There shall be a full-time staff director for the Com- Staff director. mission who shall be appointed by the President by and with the advice and consent of the Senate and who shall receive compensation at a rate, to be fixed by the President, not in excess of $22,500 a year. The President shall consult with the Commission before submitting the nomination of any person for appointment to the position of staff director. Within the limitations of its appropriations, the Commission may appoint such other personnel as it deems advisable, in accordance with the civil service and classification laws, and may procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U. S. C. 55a), but at rates for individuals not in excess of $50 per diem. (b) The Commission shall not accept or utilize services of voluntary or uncompensated personnel, and the term "whoever" as used in paragraph (g) of section 102 hereof shall be construed to mean a person whose services are compensated by the United States. (c) The Commission may constitute such advisory committees within States composed of citizens of that State and may consult with governors, attorneys general, and other representatives of State and local governments, and private organizations, as it deems advisable. (d) Members of the Commission, and members of advisory committees constituted pursuant to subsection (c) of this section, shall be exempt from the operation of sections 281, 283, 284, 434, and 1914 of title 18 of the United States Code, and section 190 of the Revised 62 Stat. 697 Statutes (5 U. S. C. 99). et seq. (e) All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties. (f) The Commission, or on the authorization of the Commission Hearings, eto. 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 Subpenas. (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 transacts business, 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 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. APPROPRIATIONS SEC. 106. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, so much as may be necessary to carry out the provisions of this Act. 71 Stat. 637. 62 Stat. 932. Repeal. PART II-TO PROVIDE FOR AN ADDITIONAL ASSISTANT ATTORNEY GENERAL SEC. 111. There shall be in the Department of Justice one additional Assistant Attorney General, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall assist the Attorney General in the performance of his duties, and who shall receive compensation at the rate prescribed by law for other Assistant Attorneys General. PART III-TO STRENGTHEN THE CIVIL RIGHTS STATUTES, AND FOR SEC. 121. Section 1343 of title 28, United States Code, is amended as follows: (a) Amend the catch line of said section to read, "§ 1343. Civil rights and elective franchise" (b) Delete the period at the end of paragraph (3) and insert in lieu thereof a semicolon. (c) Add a paragraph as follows: "(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote." SEC. 122. Section 1989 of the Revised Statutes (42 U. S. C. 1993) is hereby repealed. PART IV-TO PROVIDE MEANS OF FURTHER SECURING AND PROTECTING SEC. 131. Section 2004 of the Revised Statutes (42 U. S. C. 1971), is amended as follows: (a) Amend the catch line of said section to read, "Voting rights". (b) Designate its present text with the subsection symbol "(a)". (c) Add, immediately following the present text, four new subsections to read as follows: "(b) No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. "(c) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b), the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. In any proceeding hereunder the United States shall be liable for costs the same as a private person. (d) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. 71 Stat. 637. "(e) Any person cited for an alleged contempt under this Act shall71 Stat. 638. be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel.” PART V-TO PROVIDE TRIAL BY JURY FOR PROCEEDINGS TO PUNISH SEC. 151. In all cases of criminal contempt arising under the pro- Criminal convisions of this Act, the accused, upon conviction, shall be punished by tempt. fine or imprisonment or both: Provided however, That in case the Penalties. accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence Nonapplicability. of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court. Nor shall anything herein or in any other provision of law 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. 152. Section 1861, title 28, of the United States Code is hereby 62 Stat. 951. amended to read as follows: " 1861. Qualifications of Federal jurors "Any citizen of the United States who has attained the age of twenty-one years and who has resided for a period of one year within 71 Stat. 638. Short title. the judicial district, is competent to serve as a grand or petit juror unless "(1) He has been convicted in a State or Federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty. "(2) He is unable to read, write, speak, and understand the English language. 66 (3) He is incapable, by reason of mental or physical infirmities to render efficient jury service." SEC. 161. This Act may be cited as the "Civil Rights Act of 1957". Public Law 86-449 86th Congress, H. R. 8601 AN ACT To enforce constitutional rights, and for other purposes. 74 STAT. 86. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1960”. TITLE I OBSTRUCTION OF COURT ORDERS SEC. 101. Chapter 73 of title 18, United States Code, is amended by 62 Stat. 769. adding at the end thereof a new section as follows: "§ 1509. Obstruction of court orders "Whoever, by threats or force, willfully prevents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. "No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime." SEC. 102. The analysis of chapter 73 of such title is amended by adding at the end thereof the following: "1509. Obstruction of court orders." TITLE II FLIGHT TO AVOID PROSECUTION FOR DAMAGING OR DESTROYING ANY BUILD- SEC. 201. Chapter 49 of title 18, United States Code, is amended by 62 Stat. 755. adding at the end thereof a new section as follows: ❝g 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property "(a) Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he flees, for willfully attempting to or damaging or destroying by fire or explosive any building, structure, facility, vehicle, dwelling house, synagogue, church, religious center or educational institution, public or private, or (2) to avoid giving testimony in any criminal proceeding relating to any such offense shall be fined not more than $5,000 or imprisoned not more than five years, or both. "(b) Violations of this section may be prosecuted in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement: Provided, however, That this section shall not be construed as indicating an intent on the part of Congress to prevent any State, Territory, Commonwealth, or possession of the United States of any jurisdiction over any offense over which they would have jurisdiction in the absence of such section." 46-271 O-65-2 7 |