Placement in the Department of Commerce

From the foregoing legislative history, it appears that President Kennedy originally intended the Community Relations Service to be an independent agency. The first indication that it was to be a part of the Department of Commerce is found in the language of the first section of title X, offered by Representative Ashmore, as an amendment to title X on February 10, 1964, referred to above. In a previous version, offered by Representative Ashmore on February 6, as a substitute for title III of H.R. 7152, which was rejected as nongermane on a point of order, no mention was made of the Department of Commerce.

In February 1964, following passage of H.R. 7152 by the House of Representatives, the Department of Justice made available to Members of Congress and congressional staffs a volume entitled "Proposed Civil Rights Act of 1964" (H.R. 7152). It contained a detailed analysis of each title of the act, together with questions and answers relating thereto. In the discussion of title X, it was pointed out that the solution of racial problems through persuasion and voluntary negotiation is preferable to prolonged litigation or public demonstrations and that discussion is vital to a reasonable solution of many racial issues and can play a major role in achieving peaceful progress in civil rights.

It is then stated that:

“*** in many communities experiencing racial tensions a lack of communication between white and Negro leaders precludes even a start toward solutions. In those communities it is necessary that third parties attempt to bring these leaders to the conference table. Thus, officials of the Department of Justice, acting informally on a situation-by-situation basis, have been able in a number of situations to aid in resolving disputes by conferring with the parties and helping to establish lines of communication. However, it is apparent that neither the Department of Justice nor any other existing Government organization can accomplish what is needed in the field of mediation. This task can best be carried on by a congressionally constituted agency concerned solely with mediation assistance. [Emphasis supplied.]

"Title X would establish such an agency in the Department of Commerce under the name of the 'Community Relations Service.' It would be authorized to help in the resolution of racial disputes on a voluntary basis and in cooperation with State and local agencies. The disputes which the Service would seek to conciliate are those relating to racially discriminatory practices '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 would have no powers of compulsion or law enforcement functions and would treat as confidential any information it received as such."

In the question-and-answer portion of the discussion of title X, the following appears:

"Q. Why not leave these duties (those of the Community Relations Service) up to the Justice Department?

"A. The Department has, in individual cases, attempted to work along this line, as necessary on an emergency basis. But a mediating agency, separate from the Department of Justice whose duties are chiefly investigation and litigation, would be preferable. In fact, the bill specifically provides that the Service is not to be involved in any investigative or prosecutive functions. The disputes which the Service would seek to conciliate are those relating to racially discriminatory practices '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.' It is therefore logical that the Service be establishsed in the Department of Commerce." [Emphasis supplied.]

The Vice President's recommendations

On September 24, 1965, following an intensive review of the activities of various Federal agencies in the field of civil rights, Vice President Humphrey made a series of recommendations to the President with respect to proposed reassignment of civil rights functions. Concerning the Community Relations Service, the Vice President stated that it had been placed in the Department of Commerce by the Congress when it enacted the Civil Rights Act of 1964 on the assumption that the primary role of the Service would be the conciliation of disputes arising out of the public accommodations title of the act.

The Vice President stated further that:

"The acceptance of the public accommodations provisions by businesses— even in those areas of the country where they constituted a reversal of generations of custom and practice exceeded our most optimistic predictions. I believe, therefore, that the basis for the original decision to place this program in the Department of Commerce, which, while appropriate at the time, no longer exists.

"With the disappearance of its primary function, the conciliation service has undertaken a number of productive efforts in the field of race relations. Many of these should be continued. But the Secretary of Commerce agrees with me that they could be more effectively and efficiently carried on within agencies which have responsibility for substantive programs which can help eliminate racial disputes and bias **

"The Department of Justice has had deep and broad experience in racial matters and possesses information on a nationwide basis. I recommend, therefore, that the Community Relations Services be transferred to the Attorney General so that when necessary he can call upon the appropriate department with expert knowledge and positive programs to conciliate disputes. [Emphasis supplied.] SUMMARY OF ADMINISTRATION'S REASONS FOR PLACEMENT IN THE DEPARTMENT OF JUSTICE

1. In an exchange of memorandums on September 24, 1965, the Vice President recommended and the President concurred in the transfer to prevent inefficiency, duplication, and delay.

2. The Attorney General has primary overall responsibility in civil rights matters and in the implementation of the 1957, 1960, and 1964 Civil Rights Acts, as well as the 1965 Voting Rights Act.

3. The Attorney General and his staff have developed broad experience in the conciliation of civil rights disputes in school, employment, and other fields. 4. The Attorney General is the principal Cabinet officer to whom the President and agencies of Government look for advice and judgment on civil rights issues.

5. By Executive Order No. 11247, dated September 24, 1965, the Attorney General has already been designated coordinator for the enforcement of title VI of the Civil Rights Act of 1964, relating to nondiscrimination in federally assisted programs.

6. The Community Relations Service will be an integral part of the Cabinet department whose functions are paramount in the civil rights field. It will be a separate unit in the organizational structure on a par with the other divisions, bureaus, and services.

Approved:

JAMES R. CALLOWAY,

Chief Clerk and Staff Director.

ELI E. NOBLEMAN, Professional Staff Member.

60-816 0-66-2

TITLE II—INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION

SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available

to the customers or patrons of an establishment within the scope of subsection (b). SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof.

SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202.

SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided. That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day períod, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

SEC. 205. The Service is authorized to make a full investigation of any complaint referred to it by the court under section 204 (d) and may hold such hearings with respect thereto as may be necessary.

The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

SEC. 206. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. pon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

SEC. 207. (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.