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American Civil Rights Review 
AN ACT
To enforce the constitutional right to vote, to confer jurisdiction upon
the district courts of the United States to provide
injunctive relief against discrimination in public accommodations, to authorize
the Attorney General to institute suits to protect
constitutional rights in public facilities and public education, to extend
the Commission on Civil Rights, to prevent discrimination
in federally assisted programs, to establish a Commission on Equal Employment
Opportunity, and for other purposes.
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 "\cf2 Civil Rights Act of 1964\cf0 ".
TITLE I -- VOTING RIGHTS
Sec. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended
by section 131 of the Civil Rights Act of 1957
(71 Stat. 637), and as further amended by section 601 of the Civil Rights
Act of 1960 (74 Stat. 90), is further amended as
follows:
(a) Insert "1" after "(a)" in subsection (a) and add at the end of subsection (a) the following new paragraphs:
"(2) No person acting under color of law shall --
"(A) in determining whether any individual is qualified under State
law or laws to vote in any Federal election, apply any
standard, practice, or procedure different from the standards, practices,
or procedures applied under such law or laws to other
individuals within the same county, parish, or similar political subdivision
who have been found by State officials to be qualified
to vote;
"(B) deny the right of any individual to vote in any Federal election
because of an error or omission on any record or paper
relating to any application, registration, or other act requisite to voting,
if such error or omission is not material in determining
whether such individual is qualified under State law to vote in such election;
or
"(C) employ any literacy test as a qualification for voting in any
Federal election unless (i) such test is administered to each
individual and is conducted wholly in writing, and (ii) a certified copy
of the test and of the answers given by the individual is
furnished to him within twenty-five days of the submission of his request
made within the period of time during which records
and papers are required to be retained and preserved pursuant to title III
of the Civil Rights Act of 1960 (42 U.S.C. 1974 --
74e; 74 Stat. 88): Provided, however, That the Attorney General may enter
into agreements with appropriate State or local
authorities that preparation, conduct, and maintenance of such tests in
accordance with the provisions of applicable State or
local law, including such special provisions as are necessary in the preparation,
conduct, and maintenance of such tests for
persons who are blind or otherwise physically handicapped, meet the purposes
of this subparagraph and constitute compliance
therewith.
"(3) For purposes of this subsection --
"(A) the term 'vote' shall have the same meaning as in subsection (e) of this section;
"(B) the phrase 'literacy test' includes any test of the ability to read, write, understand, or interpret any matter."
(b) Insert immediately following the period at the end of the first sentence
of subsection (c) the following new sentence: "If in
any such proceeding literacy is a relevant fact there shall be a rebuttable
presumption that any person who has not been
adjudged an incompetent and who has completed the sixth grade in a public
school in, or a private school accredited by, any
State or territory, the District of Columbia, or the Commonwealth of Puerto
Rico where instruction is carried on predominantly
in the English language, possesses sufficient literacy, comprehension, and
intelligence to vote in any Federal election."
(c) Add the following subsection "(f)" and designate the present subsection "(f)" as subsection "(g)":
"(f) When used in subsection (a) or (c) of this section, the words
'Federal election' shall mean any general, special, or primary
election held solely or in part for the purpose of electing or selecting
any candidate for the office of President, Vice President,
presidential elector, Member of the Senate, or Member of the House of Representatives."
(d) Add the following subsection "(h)":
"(h) In any proceeding instituted by the United States in any district
court of the United States under this section in which the
Attorney General requests a finding of a pattern or practice of discrimination
pursuant to subsection (e) of this section the
Attorney General, at the time he files the complaint, or any defendant in
the proceeding, within twenty days after service upon
him of the complaint, may file with the clerk of such court a request that
a court of three judges be convened to hear and
determine the entire case. A copy of the 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. Upon 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 any proceeding brought under subsection (c) of this section
to enforce subsection (b) of this section, or in the event neither
the Attorney General nor any defendant files a request for a three-judge
court in any proceeding authorized by this subsection,
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."
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 the 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 sixtyday period, 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. Upon 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.
(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 III -- DESEGREGATION OF PUBLIC FACILITIES
Sec. 301. (a) Whenever the Attorney General receives a complaint in writing
signed by an individual to the effect that he is
being deprived of or threatened with the loss of his right to the equal
protection of the laws, on account of his race, color,
religion, or national origin, by being denied equal utilization of any public
facility which is owned, operated, or managed by or
on behalf of any State or subdivision thereof, other than a public school
or public college as defined in section 401 of title IV
hereof, and the Attorney General believes the complaint is meritorious and
certifies that the signer or signers of such complaint
are unable, in his judgment, to initiate and maintain appropriate legal
proceedings for relief and that the institution of an action
will materially further the orderly progress of desegregation in public
facilities, the Attorney General is authorized to institute for
or in the name of the United States a civil action in any appropriate district
court of the United States against such parties and
for such relief as may be appropriate, and such court shall have and shall
exercise jurisdiction of proceedings instituted pursuant
to this section. The Attorney General may implead as defendants such additional
parties as are or become necessary to the
grant of effective relief hereunder.
(b) The Attorney General may deem a person or persons unable to initiate
and maintain appropriate legal proceedings within
the meaning of subsection (a) of this section when such person or persons
are unable, either directly or through other interested
persons or organizations, to bear the expense of the litigation or to obtain
effective legal representation; or whenever he is
satisfied that the institution of such litigation would jeopardize the personal
safety, employment, or economic standing of such
person or persons, their families, or their property.
Sec. 302. In any action or proceeding under this title the United States
shall be liable for costs, including a reasonable attorney's
fee, the same as a private person.
Sec. 303. Nothing in this title shall affect adversely the right of any
person to sue for or obtain relief in any court against
discrimination in any facility covered by this title.
Sec. 304. A complaint as used in this title is a writing or document
within the meaning of section 1001, title 18, United States
Code.
TITLE IV -- DESEGREGATION OF PUBLIC EDUCATION
Definitions
Sec. 401. As used in this title --
(a) "Commissioner" means the Commissioner of Education.
(b) "Desegregation" means the assignment of students to public
schools and within such schools without regard to their race,
color, religion, or national origin, but "desegregation" shall
not mean the assignment of students to public schools in order to
American Civil Rights Review