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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 cir. cumstances 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 shals
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.
(b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.
TITLE X-ESTABLISHMENT OF COMMUNITY
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 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.
(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.” Sec. 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.
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), 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.
Senator RIBICOFF. Reorganization Plan No. 1 of 1966 provides for the transfer of the Community Relations Service from the Commerce Department to the Justice Department. It was first proposed in a memorandum to the President from the Vice President recommending the reassignment of the civil rights function to several agencies of Government. The President concurred in these recommendations and as part of his revision of civil rights functions submitted Reorganization Plan No. 1 to Congress on February 10, 1966. We will insert at this point a copy of the Vice President's memorandum and the President's reply.
[For release, Sept. 24, 19165, Office of the White House Press Secretary]
THE WHITE HOUSE.
MEMORANDUM FOR THE PRESIDENT FROM THE VICE PRESIDENT ON RECOMMENDED
REASSIGNMENT OF CIVIL RIGHTS FUNCTIONS As you will recall, last February and on many occasions since, we discussed the desirability of a careful review of the activities of the various Federal agencies involved in the field of civil rights. It was clear then that there were many functions that might well be consolidated. In every field of governmental activity, it is essential to eliminate duplication or undesirable overlap—and that principle is equally applicable to civil rights programs.
I have just completed an intensive review and am pleased to propose a number of changes which, in my view, will strengthen the operation and direction of our civil rights programs and at the same time eliminate confusion and duplication.
A cardinal principle underlying these recommendations is that, whenever possible, operating functions should be performed by departments and agencies with clearly defined responsibilities, as distinguished from interagency committees or other interagency arrangements. That principle is particularly applicable to civil rights programs where it is essential that our objectives be pursued vigorously and without delay that frequently accompanies a proliferation of interagency committees and groups.
Thus, one of the prime considerations running through my study and these recommendations is that each officer and employee of the Federal Government who administers a Federal program recognizes that he is responsible for making certain that the program is administered without discrimination on the basis of race, creed, and color and with full consideration of our objective of equal opportunity for all Americans.
Every employee responsible for the administration of our vast education pro grams must recognize that he is also responsible for enforcement of equal opportunity and nondiscrimination.
Every individual responsible for the administration of our labor programs must recognize that he is also responsible for compliance with our civil rights laws as they affect his programs.
Every person who contracts on behalf of the Government with private parties must recognize that he is responsible for nondiscrimination in Government contracts.
Every individual who hires any Federal employee must recognize that he is responsible for equal opportunity for all Americans to serve in the Federal Government.
In short, I believe the time has now come when operating functions can and should be performed by departments and agencies with clearly defined responsibility for the basic program, and that interagency committees and other interagency arrangements would now only diffuse responsibility.
The President's Committee on Equal Employment Opportunity, which you served as Chairman during your tenure as Vice President, has made a valuable and lasting contribution to the elimination of discrimination in employment. As Chairman of that Committee, I have had the opportunity to observe its operation and I am convinced that its functions can be even more effectively administered if transferred to existing agencies.
The responsibility for insuring that the Federal Government, in its employment, promotion, and other personnel policies, does not discriminate, can best be handled by the Civil Service Commission which has overall program responsibility for Federal personnel policies. The record of the Federal Government in this field in the past 442 years has been one of steady progress, but much remains to be done, and I believe that transferring these functions to the Chairman of the Civil Service Commission will place them in an operating agency where they logically belong.
The Secretary of Labor, as Vice Chairman of the Committee, has had primary responsibility for reviewing complaints and, through the contracting departments and agencies, insuring compliance by Government contractors with nondiscrimination requirements. With all the experience gained over a period of years by the personnel involved in this program, responsibility should now be vested directly in the Department of Labor, and I so recommend.
The plans for progress program, under which hundreds of the Nation's leading business and labor organizations have pledged to promote employment policies free of any racial, religious, or national origins bias, rests on a voluntary basis. Its continued operation on a private voluntary basis is essential to the achievement of the objectives of the equal employment opportunity program of the Federal Government. The support which it has received from our Federal Government should continue.
The reassignment of these functions of the Committee on Equal Employment Opportunity to existing agencies which can be accomplished by Executive order will eliminate the need for the Committee's continuation. I realize the deep personal attachment you have for the work of the Committee because of your long and successful association with it-and, of course, I share this attitude but nevertheless I am convinced that these changes will result in more effective operation.
The Community Relations Service was located 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 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. Thus, disputes which involve school problems should be handled by the Commissioner of Education and his staff; disputes which involve housing should be dealt with by the Department of Housing and Urban Development; disputes which involve employment should be dealt with by the Equal Employment Opportunity Commission, etc.
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 Service 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.
The clearinghouse and data gathering functions which are currently being performed by the Community Relations Service should be undertaken by the Civil Rights Commission, which already has similar responsibilities.
I understand that the changes proposed above will require a reorganization plan, and I urge such a plan be prepared for submission at the commencement of the next session of Congress, I believe that such a plan will not only prevent duplication of effort, make civil rights responsibilities an integral part of operating responsibilities; it will also result in substantial savings.
During this period of evaluation and adjustment to the Civil Rights Act of 1964, it has been essential to have had the Council on Equal Opportunity which was established by Executive order earlier this year. In line with our goal of reducing the number of governmental bodies in this field, I have examined the role of the Council and have concluded that the reasons for creating the Council no longer exist, and I recommend, therefore, that it be terminated. I am satisfied that the working relationships between departments and agencies have advanced to the point where the formal organizational structure of the Council is no longer essential, and should be terminated by