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Title

arious regions of the country there is discrimination against some y groups. Most glaring, however, is the discrimination against s which exists throughout our Nation. Today, more than 100 after their formal emancipation, Negroes, who make up over ent of our population, are by virtue of one or another type of ination not accorded the rights, privileges, and opportunities are considered to be, and must be, the birthright of all citizens. siderable progress has been made in eliminating discrimination y areas because of local initiative either in the form of State d local ordinances or as the result of voluntary action. Neverin the last decade it has become increasingly clear that progress en too slow and that national legislation is required to meet a l need which becomes ever more obvious. That need is ced, on the one hand, by a growing impatience by the victims rimination with its continuance and, on the other hand, by a g recognition on the part of all of our people of the incompatiof such discrimination with our ideals and the principles to this country is dedicated. A number of provisions of the cution of the United States clearly supply the means "to secure ghts," and H.R. 7152, as amended, resting upon this authority, ned as a step toward eradicating significant areas of discriminaa nationwide basis. It is general in application and national in

bill can or should lay claim to eliminating all of the causes and uences of racial and other types of discrimination against ies. There is reason to believe, however, that national leaderovided by the enactment of Federal legislation dealing with the roublesome problems will create an atmosphere conducive to ary or local resolution of other forms of discrimination.

, however, possible and necessary for the Congress to enact ion which prohibits and provides the means of terminating ost serious types of discrimination. This H.R. 7152, as ed, would achieve in a number of related areas. It would discriminatory obstacles to the exercise of the right to vote ovide means of expediting the vindication of that right. It make it possible to remove the daily affront and humiliation ed in discriminatory denials of access to facilities ostensibly o the general public. It would guarantee that there will be no ination among recipients of Federal financial assistance. It prohibit discrimination in employment, and provide means to e termination of discrimination in public education. It would dditional avenues to deal with redress of denials of equal proof the laws on account of race, color, religion, or national origin ce or local authorities.

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7152, as amended, is a constitutional and desirable means of with the injustices and humiliations of racial and other distion. It is a reasonable and responsible bill whose provisions igned effectively to meet an urgent and most serious national

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General

Title I is designed to meet problems encountered in the operati and enforcement of the Civil Rights Acts of 1957 and 1960, by whi the Congress took steps to guarantee to all citizens the right to vo without discrimination as to race or color.

To help meet the problem of lengthy and often unwarranted dela which have occurred in the course of judicial proceedings under t prior acts, title I would require the courts to give priority to voti cases brought by the United States or the Attorney General and wou authorize and direct the appointment of a three-judge court, up request by the Attorney General, in cases brought under the 19 and 1960 acts.

Discriminatory use of literacy tests and other devices by regist tion officials is dealt with by the requirements in title I that su officials apply uniform standards and by the prohibition against th disqualifying an applicant for immaterial errors or omissions in pape requisite to voting in Federal elections. In addition, title I wou require that, with respect to Federal elections, literacy tests be writing (unless the applicant requests and State law authorizes nonwritten test) and would create a rebuttable presumption that individual who has completed the sixth grade possesses sufficie literacy to vote in Federal elections.

Section 101 (a) is designed to insure nondiscriminatory practices the registration of voters for Federal elections. It would ame existing law (42 U.S.C. 1971(a)) by requiring the application of u form standards, practices, and procedures to all persons seeking vote in Federal elections and by prohibiting the disqualification of individual because of immaterial errors or omissions in papers or a relating to such voting. It would also require in Federal electio (1) that any literacy test be administered in writing except where individual requests and State law authorizes a nonwritten test a (2) that a copy of both the test and the answers thereto (wheth they are written or oral) be maintained and given to the applica if requested. These provisions would provide specific protections the right to vote and would reduce opportunities for discriminato application of voting standards without in any way lessening limiting the broad prohibitions against voting discrimination alrea contained in existing law (42 U.S.C. 1971(a)).

Section 101(b) would amend existing law (42 U.S.C. 1971(c)) establishing a rebuttable presumption in voting discrimination su that a person who has completed the sixth grade of school possess sufficient literacy to vote in a Federal election.

Section 101 (c) defines "Federal elections" to mean any "gener special, or primary election held solely or in part" to choose a Federal official.

Section 101 (d) provides that in any voting suits brought under t Civil Rights Acts of 1957 and 1960 in which the United States or t Attorney General is plaintiff, the Attorney General may request, a the chief judge of the circuit shall immediately designate, a thre judge court to hear and determine the case at the earliest practical date. Appeal from final decisions of such courts would lie to t

ourt, une section requires une cnier Juage or une district immediso designate a judge to hear and determine the case. The ted judge would also have the duty of expediting the case in vay. The function of this provision is to expedite determinavoting suits brought under existing law.

TITLE II-PUBLIC ACCOMMODATIONS

II would prohibit discrimination on grounds of race, color, or national origin in specified places of public accommodation 1). Included are hotels and motels, theaters and other places sement presenting sources of entertainment which move in te commerce, and restaurants, lunch counters, and gasoline s which sell food or goods which move in commerce or which terstate travelers (sec. 201 (b) and (c)). It also outlaws distion in such establishments if discrimination therein is supby State action (sec. 201(d)).

prohibitions of title II would be enforced only by civil suits for inction (sec. 204(a)). Neither criminal penalties nor the reof money damages would be involved. Persons violating an ion would, of course, be subject to contempt sanctions, but the ion of such sanctions would be subject to the limitations and ial provisions contained in the Civil Rights Act of 1957 (sec. . În addition to private actions, the title authorizes the ey General to bring suit in important cases (sec. 204 (a) (2)), but local law appears to proscribe the conduct complained of he irst refer the matter to local authorities and afford them a ble time to act before instituting suit (sec. 204 (c)).

on 201 (a) declares the basic right to equal access to places of accommodation, as defined, without discrimination or segregathe ground of race, color, religion, or national origin.

on 201(b) defines certain establishments to be places of public nodation if their operations affect commerce, or if discrimination egation in such establishments is supported by State action. establishments are (1) hotels, motels, and similar establishserving transient guests, except those located in a building has not more than five rooms for rent and which is actually ed by the proprietor thereof; (2) restaurants, lunch counters, nilar establishments, including those located in a retail store; soline stations; (3) motion picture houses, theaters, and other of exhibition or entertainment; and (4) establishments which contain, or are located within the premises of, any establishtherwise covered, and which are held out as serving patrons of overed establishment. This last group of establishments ry (4)) would include, for example, retail stores which contain lunch counters otherwise covered by title II, and other public shments contained within a covered hotel and intended for use rons of the hotel.

on 201 (c) provides the criteria for determining whether the ons of an establishment affect commerce. Hotels, motels, and establishments, which serve transient guests, are declared to f they are included within the description contained in section (1). Restaurants, lunch counters, and similar establishments,

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present films or other sources of entertainment which move in inte state commerce. Finally, establishments within the description co tained in subsection 201(b) (4) are declared to affect commerce.

Section 201(d) delineates the circumstances under which discrim nation or segregation by an establishment is supported by State actio within the meaning of title II. Discriminatory practices are treate as so supported if carried on under color of any law, statute, ordinanc regulation, custom, or usage, or if they are required, fostered, encouraged by action of a State or any of its political subdivisions. Section 201(e) exempts bona fide private clubs or other places no open to the public, except to the extent that their facilities are mad available to customers or patrons of a covered establishment.

Section 202 requires nondiscrimination in all establishments an places, whether or not within the categories described in section 20 if segregation or discrimination therein is required or purports to b required by any State law or ordinance.

Section 203 lays the foundation for suits by providing that ro on shall deprive or attempt to deprive any person of any right or priv lege secured by section 201 or 202, or interfere or attempt to interfer with the exercise of any such right or privilege.

Section 204(a) authorizes any person aggrieved or the Attorney Ge eral, if he is satisfied that the purposes of the title will be materiall furthered, to institute an action for injunctive relief for violations section 203.

Section 204(b) permits the court in any action commenced pursua to this title to allow the prevailing party, other than the United State a reasonable attorney's fee as part of the costs and provides that th United States shall be liable for costs the same as a private person.

Section 204 (c) requires that if State or local law prohibits a practi as to which the Attorney General has received a complaint, th Attorney General must notify the State or local officials and, c request, allow them a reasonable time to act under such laws befo bringing suit himself.

Section 204(d) authorizes the Attorney General, in case of ar complaint, to use the services of any available Federal, State, or loc agencies to secure voluntary compliance with the provisions of th title.

Section 204(e) permits the Attorney General to sue without fir complying with section 204 (c) if he certifies to the court that th delay would adversely affect the interests of the United States, or th compliance would prove ineffective.

Section 205(a) grants Federal district courts jurisdiction over pr ceedings instituted pursuant to title II, without regard to whether th party aggrieved has exhausted any other remedies.

Section 205(b) declares that the remedies provided in title II sha be the exclusive means of enforcing the rights created by title II, b that individuals or State or local agencies are not precluded fro seeking other available State or Federal remedies to indicate righ otherwise created. Thus, State antidiscrimination laws not inco sistent with title II would not be preempted.

7 applicable to contempt proceedings under title II. By incorng the provisions of section 151 of the 1957 act, this section shes that if the accused in a proceeding for criminal contempt is y tried without a jury and convicted and sentenced to a fine in of $300 or imprisonment in excess of 45 days, he may obtain, lemand, and as of right, a trial de novo before a jury.

TITLE III-DESEGREGATION OF PUBLIC FACILITIES

title would authorize the Attorney General under certain stances to bring suit to desegregate public facilities (other than 3) which are owned or operated by State or local governmental sec. 301 (a)). It would also authorize the Attorney General to ene in pending actions in the Federal courts seeking relief from inatory practices by State and local governmental units or - (sec. 301 (b)).

on 301 (a) provides that when the Attorney General receives a complaint regarding a denial of equal protection of the laws ount of race, color, religion, or national origin, through denial riction of the right to use public facilities (other than schools) are owned, operated, or managed by or on behalf of any State 1 governmental unit, he may institute suit in the Federal court ek appropriate relief if he certifies that the signers of the comare unable to initiate legal proceedings for relief and that the on of a suit by the United States will further the national policy favoring progress in desegregation of public facilities. t intended that determinations on which the Attorney General's ation is based should be reviewable. Public schools and colleges luded from the class of public facilities covered by this section; re covered by title IV.

on 301 (b) provides that the Attorney General may deem a per-
able to initiate and maintain legal proceedings within the
g of subdivision (a) when such person is unable to bear the
e of litigation or to obtain effective legal representation, or
he institution of such litigation might jeopardize his employ-
or otherwise result in injury or economic damage to himself,
aily, or his property.

on 302 would authorize the Attorney General to intervene for
he name of the United States in any pending suit in a Federal
seeking relief from a denial of equal protection of the laws on
t of race, color, religion, or national origin. The United States,
rvenor, would be entitled to the same relief in such an action
ould have been entitled to had it been an original plaintiff.
Con 303 provides that in any action or proceeding under this
e United States shall be liable for costs the same as a private

on 304 provides that nothing in this title shall affect adversely
ht of any person to obtain relief in any court against discrimina-
any facility covered by the title.

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