which contains not more than five rooms for rent or bire and which is actua occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunch room, lunch counter, soda fountain, other facility principally engaged in selling food for consumption on premises, including, but not limited to, any such facility located on the pre ises, of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadiu or other place of exhibition or entertainment; and (4) any establishment (A) which is physically located within the premi of any establishment otherwise covered by this subsection, or within t premises of which is physically located any such covered establishment, a (B) which holds itself out as serving patrons of such covered establishme: (c) The operations of an establishment affect commerce within the meaning this title if (1) it is one of the establishments described in paragraph (1) of su section (b); (2) in the case of an establishment described in paragraph (2) subsection (b), it serves or offers to serve interstate travelers or a substant portion of the food which it serves, or gasoline or other products which it se has moved in commerce; (3) in the case of an establishment described in par graph (3) of subsection (b), it customarily presents films, performances, athle teams, exhibitions, or other sources of entertainment which move in commer and (4) in the case of an establishment described in paragraph (4) of subsecti (b), it is physically located within the premises of, or there is physically locat within its premises, an establishment the operations of which affect commer within the meaning of this subsection. For purposes of this section, "commerc means travel, trade, traffic, commerce, transportation or communication amo the several States, or between the District of Columbia and any State, or betwe any foreign country or any territory or possession and any State or the Distr of Columbia, or between points in the same State but through any other Sta or the District of Columbia or a foreign country. (d) Discrimination or segregation by an establishment is supported by Sta action within the meaning of this title if such discrimination or segregation (1) carried on under color of any law, statute, ordinance, regulation, custom, or usag or (2) is required, fostered, or encouraged by action of a State or a political su division thereof. (e) The provisions of this title shall not apply to a bona fide private club other establishment not open to the public, except to the extent that the faciliti of such establishment are made available to the customers or patrons of an esta lishment within the scope of subsection (b). SEC. 202. All persons shall be entitled to be free, at any establishment or pla from discrimination or segregation of any kind on the ground of race, color, religio or national origin, if such discrimination or segregation is or purports to be quired by any law, statute, ordinance, regulation, rule or order, of a State or a agency or political subdivision thereof. SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or den or deprive or attempt to deprive, any person of any right or privilege secured section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidat threaten, or coerce any person with the purpose of interfering with any right privilege secured by section 201 or 202, or (c) punish or attempt to punish a person for exercising or attempting to exercise any right or privilege secured section 201 or 202, or (d) incite or aid or abet any person to do any of the foregoin SEC. 204. (a) Whenever any person has engaged or there are reasonab grounds to believe that any person is about to engage in any act or practi prohibited by section 203, a civil action for preventive relief, including an app cation for a permanent or temporary injunction, restraining order, or other orde may be instituted (1) by the person aggrieved, or (2) by the Attorney General f or in the name of the United States if he satisfies himself that the purposes of th title will be materially furthered by the filing of an action. (b) In any action commenced pursuant to this title, the court, in its discretio may allow the prevailing party, other than the United States, a reasonable a torney's fee as part of the costs, and the United States shall be liable for costs t same as a private person. (c) In case of any complaint received by the Attorney General alleging a viol tion or threatened violation of section 203 in a place where State or local laws co under such state or local laws of regulations peiore e istitutes an the case of any complaint received by the Attorney General alleging a or threatened violation of section 203, the Attorney General, before an action, may utilize the services of any Federal, State, or local agency entality which may be available to attempt to secure compliance with ions of this title by voluntary procedures. apliance with the foregoing provisions of subsection (c) shall not be f the Attorney General shall file with the court a certificate that the sequent upon compliance with such provisions in the particular case versely affect the interests of the United States, or that in the particular liance with such provisions would prove ineffective. 5. (a) The district courts of the United States shall have jurisdiction ings instituted pursuant to this title and shall exercise the same without whether the aggrieved party shall have exhausted any administrative emedies that may be provided by law. e remedies provided in this title shall be the exclusive means of enforcing hereby created, but nothing in this title shall preclude any individual te or local agency from asserting any right created by any other Federal aw not inconsistent with this title, including any statute or ordinance nondiscrimination in public establishments or accommodations, or from any remedy, civil or criminal, which may be available for the vindication ment of such right. ceedings for contempt arising under the provisions of this title shall be t to the provisions of section 151 of the Civil Rights Act of 1957 (71 ITLE III-DESEGREGATION OF PUBLIC FACILITIES 1. (a) Whenever the Attorney General receives a complaint signed by ual to the effect that he is being deprived of or threatened with the loss ht to the equal protection of the laws, on account of his race, color, r national origin, by being denied access to or full and complete utilizay public facility which is owned, operated, or managed by or on behalf ate or subdivision thereof, other than a public school or public college in section 401 of title IV hereof, and the Attorney General certifies that or signers of such complaint are unable, in his judgment, to initiate and appropriate legal proceedings for relief and that the institution of an 1 materially further the public policy of the United States favoring the rogress of desegregation in public facilities, the Attorney General is d to institute for or in the name of the United States a civil action in any te district court of the United States against such parties and for such may be appropriate, and such court shall have and shall exercise jurisf proceedings instituted pursuant to this section. The Attorney nay implead as defendants such additional parties as are or become to the grant of effective relief hereunder. e Attorney General may deem a person or persons unable to initiate 2. Whenever an action has been commenced in any court of the United 4. Nothing in this title shall affect adversely the right of any person (a) "Commissioner" means the Commissioner of Education. (b) "Desegregation" means the assignment of students to public schools a within such schools without regard to their race, color, religion, or national orig (c) "Public school" means any clementary or secondary educational instituti and "public college" means any institution of higher education or any technic or vocational school above the secondary school level, operated by a Sta subdivision of a State, or governmental agency within a State, or operated who or predominantly from or through the use of governmental funds or property, funds or property derived from a governmental source. (d) "School board" means any agency or agencies which administer a syste of one or more public schools and any other agency which is responsible for t assignment of students to or within such system. SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES SEC. 402. The Commissioner shall conduct a survey and make a report to t President and the Congress, within two years of the enactment of this title, co cerning the lack of availability of equal educational opportunities for individu by reason of race, color, religion, or national origin in public educational ins tutions at all levels in the United States, its territories and possessions, and t District of Columbia. TECHNICAL ASSISTANCE SEC. 403. The Commissioner is authorized, upon the application of a school board, State, municipality, school district, or other governmental un to render technical assistance to such applicant in the preparation, adoption, a implementation of plans for the desegregation of public schools. Such techni assistance may, among other activities, include making available to such agenc information regarding effective methods of coping with special educational pro lems occasioned by desegregation, and making available to such agencies person of the Office of Education or other persons specially equipped to advise and ass them in coping with such problems. TRAINING INSTITUTES SEC. 404. The Commissioner is authorized to arrange, through grants or cc tracts, with institutions of higher education for the operation of short-term regular session institutes for special training designed to improve the ability teachers, supervisors, counselors, and other elementary or secondary school p sonnel to deal effectively with special educational problems occasioned by deseg gation. Individuals who attend such an institute may be paid stipends for t period of their attendance at such institute in amounts specified by the Comm sioner in regulations, including allowances for dependents and including allo ances for travel to attend such institute. GRANTS SEC. 405. (a) The Commissioner is authorized, upon application of a s ch board, to make grants to such board to pay, in whole or in part, the cost of (1) giving to teachers and other school personnel inservice training dealing with problems incident to desegregation, and (2) employing specialists to advise in problems incident to desegregati (b) In determining whether to make a grant, and in fixing the amount ther and the terms and conditions on which it will be made, the Commissioner sh take into consideration the amount available for grants under this section and other applications which are pending before him; the financial condition of applicant and the other resources available to it; the nature, extent, and gravity its problems incident to desegregation; and such other factors as he finds releva PAYMENTS SEC. 406. Payments pursuant to a grant or contract under this title may made (after necessary adjustments on account of previously made overpayme or underpayments) in advance or by way of reimbursement, and in such insta ments, as the Commissioner may determine. 07. (a) Whenever the Attorney General receives a complaint O signed by a parent or group of parents to the effect that his or their O signed by an individual, or his parent, to the effect that he has been e term "parent" as used in this section includes any person standing in ntis. 08. In any action or proceeding under this title the United States shall for costs the same as a private person. 09. Nothing in this title shall affect adversely the right of any person to · obtain relief in any court against discrimination in public education or cility covered by this title. TITLE V-COMMISSION ON CIVIL RIGHTS 01. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71 ) is amended to read as follows: "RULES OF PROCEDURE OF THE COMMISSION HEARINGS 102. (a) The Chairman, or one designated by him to act as Chairman ing of the Commission, shall announce in an opening statement the sube hearing. Commission's rules shall be made available tness before the Commission. copy of the Witnesses at the hearings may be accompanied by their own counsel for the Commission determines that evidence or testimony at any hearing xcept as provided in sections 102 and 105(f) of this Act, the Chairman ive and the Commission shall dispose of requests to subpena additional mission i o evidence or testimony or summary of evidence or testimony taken in session may be released or used in public sessions without the consent of nission. Whoever releases or uses in public without the consent of the on such evidence or testimony taken in executive session shall be fined than $1,000, or imprisoned for not more than one year. "(i) U of his te when aut "(j) A each day returning his place respectiv entitled 1 including of attend of a subp "(k) 1 testimony would re of the St business, in any ev mony of held with domiciled of process SEC. 50 71 Stat. "SEC. service of day for es expenses, place of r Act of 19 SEC. 50 71 Stat. 6 "(b) E Governme to that re Commissi sistence e with the 835-42; 6 SEC. 50 71 Stat. 6 po pay UI vio ՆՍՕՍ ՍԱՆԵՍ, Wines may va a v་ ikëv1IPཔ ཅ of his testimony given at a public session or, if given at an executive sessi when authorized by the Commission. "(j) A witness attending any session of the Commission shall receive $6 each day's attendance and for the time necessarily occupied in going to a returning from the same, and 10 cents per mile for going from and returning his place of residence. Witnesses who attend at points so far removed from th respective residences as to prohibit return thereto from day to day shall entitled to an additional allowance of $10 per day for expenses of subsisten including the time necessarily occupied in going to and returning from the pl of attendance. Mileage payments shall be tendered to the witness upon serv of a subpena issued on behalf of the Commission or any subcommittee thereof "(k) The Commission shall not issue any subpena for the attendance a testimony of witnesses or for the production of written or other matter wh would require the presence of the party subpenaed at a hearing to be held outs of the State wherein the witness is found or resides or is domiciled or transa business, or has appointed an agent for receipt of service of process except th in any event, the Commission may issue subpenas for the attendance and te mony of witnesses and the production of written or other matter at a hear held within fifty miles of the place where the witness is found or resides or domiciled or transacts business or has appointed an agent for receipt of serv of process. SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975b 71 Stat. 634) is amended to read as follows: "SEC. 103. (a) Each member of the Commission who is not otherwise in service of the Government of the United States shall receive the sum of $75 day for each day spent in the work of the Commission, shall be paid actual tra expenses, and per diem in lieu of subsistence expenses when away from his us place of residence, in accordance with section 5 of the Administrative Expen Act of 1946, as amended (5 U.S.C. 73b-2; 60 Stat. 808)." SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975b( 71 Stat. 634) is amended to read as follows: "(b) Each member of the Commission who is otherwise in the service of Government of the United States shall serve without compensation in addit to that received for such other service, but while engaged in the work of Commission shall be paid actual travel expenses, and per diem in lieu of s sistence expenses when away from his usual place of residence, in accorda with the provisions of the Travel Expenses Act of 1949, as amended (5 U.S 835-42; 63 Stat. 166)." SEC. 504. (a) Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 197 71 Stat. 635), as amended, is further amended to read as follows: "DUTIES OF THE COMMISSION "SEC. 104. (a) The Commission shall "(1) investigate allegations in writing under oath or affirmation t certain citizens of the United States are being deprived of their right to v and have that vote counted by reason of their color, race, religion, or natio origin; which writing, under oath or affirmation, shall set forth the fa upon which such belief or beliefs are based; "(2) study and collect information concerning legal developments c stituting a denial of equal protection of the laws under the Constitution; "(3) appraise the laws and policies of the Federal Government with resp to equal protection of the laws under the Constitution; "(4) serve as a national clearinghouse for information in respect to eq protection of the laws, including but not limited to the fields of voting, edu tion, housing, employment, the use of public facilities, transportation, a the administration of justice; and "(5) investigate allegiations, made in writing and under oath or affirm tion, that citizens of the United States are unlawfully being accorded or den the right to vote, or to have their votes properly counted, in any election presidential electors, Members of the United States Senate, or of the Ho of Representatives, as a result of any patterns or practice of fraud or discri nation in the conduct of such election. |