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process complaints and generally keep the issue of equal justice before the
people as a vital part of the life of the community." In dealing with what a conciliator can do, the report distinguishes between mediation, the process of arriving at a compromise solution between two parties, and arbitration, in which the outside agent is given authority to decide upon a solution to the conflict.
Continuing, the report states :
“Voluntary compliance with the law still hos 'compliance as the objective and CRS cannot ‘mediate' away individual rights guaranteed by the law. For CRS, conciliation is the moving of both parties to peaceful, voluntary compliance with the law through (a) presentation of facts and interpretation, (b) suggestion of alternatives and solutions, and (c) liaison between groups.
Concerning the sequence of conciliation, it is pointed out that when conciliators enter a town, they usually have advance knowledge about the town and its problems. Thus, they know the names of elected officials, white business leaders and leaders of the minority protest, and it is imperative that contact be made with all of these by the end of the first day, or confidence in the conciliators will be lost.
The report states further that the conciliator must make it clear to everyone with whom he speaks that (a) his mandate is to help bring voluntary compliance with Federal laws pertaining to discrimination; () he has no power of legal coercion, only the tools of persuasion and reason; and (o) he works in confidence as required by title X. The report notes further that "Our experience has shown that integrated teams of conciliators, especially in the Deep South, tend to give Negroes greater confidence in the commitment of the Federal Government to their problems. It appears that the use of Negro conciliators has a positive effect on the white community, too, confronting them, perhaps for the first time, with the reality of the desegregated society toward which the country is moving."
In general, the sequence followed by a CRS conciliator is (1) to see persons individually; (2) to see groups of like-minded persons ; (3) to bring disputants together privately; and (4) to bring factions together publicly.
Concerning the phases of his work, the report states that the conciliator operates in three phases of a community's life; precrisis, crisis, and postcrisis. In the precrisis phase, he is concerned with factfinding and affirmative actions ; in the crisis phase, he devotes himself to the reduction of tensions and the resolution of conflict; and in the postcrisis phase, he is concerned with reintegration and affirmative action.
In order to demonstrate the manner in which CRS conciliators operate and what they actually do, the report contains case histories of experiences in four towns. In each instance, the discussion is broken down into (1) the setting; (2) the problem ; (3) CRS conciliation activities; and (4) after the crisis ; problems and possibilities.
In the foregoing summary of the activities of the Community Relations Service, an attempt has been made to cover only the highlights of the 59-page report submitted to the Congress by the Service. Complete details will be found in the report itself. Administrative data
Concerning expenditures and personnel, according to the Federal budget for fiscal year 1967, the Community Relations Service expended $815,000 in fiscal year 1965, of which $414,000 represented personnel costs. The estimated expenditure for fiscal year 1966 is $1,300,000, of which $929,000 represents personnel costs; and for fiscal year 1967, $2 million has been requested, of which $1,314,000 represents personnel costs.
The total number of permanent personnel was 67 in 1965; an estimated 67 in 1966; and an estimated 108 in 1967. The average general schedule grade was 10.6 in 1965; an estimated 10.6 in 1966; and an estimated 10.2 in 1967. The average general schedule was $11.150 in 1965; an estimated $11,904 in 1966 ; and is estimated at $11,060 in 1967. (This compares with an average general schedule salary of $7,984 throughout the executive branch.)
LEGISLATIVE HISTORY OF THE COMMUNITY RELATIONS SERVICE
As noted earlier in this memorandum, title X was added as an amendment to the civil rights bill on the floor of the House of Representatives. Although it was contained in the original bill, as transmitted by the President in the 88th Con
gress, and retained by House Judiciary Subcommittee No. 5, it was dropped by the full committee when the bill, H.R. 7152, was reported to the House. Since the bill was not considered at all by the Senate Committee on the Judiciary, but was taken up directly from the Senate Calendar, there is no formal legislative history available. It is therefore necessary to examine the surrounding events to determine the basis for placement of the Community Relations Service in the Department of Commerce.
In his message to the Congress on civil rights, transmitted on June 19, 1963, President Kennedy stressed the urgent need for voluntary action in the solution of racial conflicts. After noting that he had urged the creation of biracial human relations committees in every city, he stated that a similar agency was needed on the Federal level to work with local committees in an effort to ease tensions and suspicions, to help resolve interracial disputes, and to work quietly to improve relations in any community threatened or torn with strife.
President Kennedy noted further that the Department of Justice and its Civil Rights Division had performed yeoman service of this nature in various cities and throughout the country. He continued, stating that:
“* * * the problem has grown beyond the time and energies which a few otherwise burdened officials can make available—and, in some areas, the confidence of all will be greater in an intermediary whose duties are completely separated from departmental functions of investigation or litigation.
"It is my intention, therefore, to establish by Executive order (until such time as it can be created by statute) an independent Community Relations Service to fulfill the functions described above, working through regional, State, and local committees to the extent possible, and offering its services in tension-torn communities either upon its own motion or upon the request of a local official or other party. Authority for such a Service is included in the proposed omnibus bill.
It will work without publicity and hold all information imparted to its officer in strict confidence. * * ** [Emphasis supplied.]
H.R. 7152, as originally introduced in June 1963, provided for the creation of a Community Relations Service in title IV, thereof, as an independent agency, headed by a Director, appointed by the President without Senate confirmation, and with no fixed term.
Senator Robert F. Kennedy, then Attorney General of the United States, testifying with respect to a Community Relations Service before the House Subcommittee on July 26, 1963, noted that the efforts of Assistant Attorney General Burke Marshall and others had contributed to the achievement of at least precarious peace in a number of cities. He continued, stating that:
"The administration's efforts will continue. But they cannot adequately substitute for the work of a regularly constituted organization which could devote its full energies to mediation in seriously troubled areas. (Emphasis supplied.]
"In all, it seems to the administration that there is a real need for a Federal service with a congressional mandate to provide mediation assistance to com. munities where racial tensions are rising or have erupted. Title IV of H.R. 7152 would create such an organization under the name of the Community Relations Service, to be headed by a Director appointed by the President.
“The Service would be able to provide assistance to a troubled community, either upon request or upon its own motion, whenever it concluded that peaceful relations in the community were being threatened. It would seek the cooperation of nonpublic agencies, as well as State or local bodies."
Subcommittee No. 5 of the House Committee on the Judiciary, in recommending an amended version of H.R. 7152 to the full committee, retained as title V, the Community Relations Service, in its original form.
In its report on H.R. 7152, filed on November 20, 1963 (H. Rept. 914, 88th Cong.), the House Committee on the Judiciary adopted an amendment in the nature of a substitute and stated that the “substitute deleted the title establishing a Community Relations Service ** *."
On February 10, 1964, Representative Ashmore of South Carolina offered title X as an amendment to H.R. 7152, and it was adopted by a voice vote. Title X added the Community Relations Service, in a form almost identical to that which had been contained in title IV of the administration's bill, except that it placed the Service in the Department of Commerce and provided for the appointment of the Director by the President, subject to Senate confirmation. In addition, it limited the term of the Director to 4 years, and specified that the Service would be limited to a Director and six employees. The limitation as to the number of employees was eliminated in the Senate.
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 vari. ous 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 po88e88e8 information on a nationwide basis. I recommend, therefore, that the Community Relations Services be transferred to the Attorney General 80 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
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.
ELI E. NOBLEMAN,
Professional Staff Member. Approved :
JAMES R. CALLOWAY,
TITLE II–INJUNCTIVE RELIEF AGAINST DISCRIMINA
TION 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