Government to establish a Department of Urban Affairs, because this field has not been delegated to the National Government.

I have taken a similar position on many other subjects. It is simply a question of whether we are going to follow the Constitution or not. Therefore, when this matter came up in the Senate, I voted against the formation of the Department of Housing and Urban Affairs.

Now that it has been created, however, the question is on the confirmation of the President's appointee. It is generally felt a President is entitled to have his Cabinet appointees confirmed, unless there is a clear showing of lack of capacity or character on the part of the appointee. I have heard of no evidence against the appointee on either of these grounds.

Now next, when an appointee has served in the Government and has made a record for himself in the Government, I think this is an important criterion to be considered. And my information is that Dr. Weaver has made an able Administrator and that he has not shown favoritism.

I had voted originally against Dr. Weaver's confirmation because I had received information about his particular emphasis on racial matters, and I was concerned. But since he has been in office and filled the position in the Government that he has, I have been pleased with the information that has come to me that he has been objective in this regard.

Based on this, I shall support his confirmation.

The CHAIRMAN. The Senator from Oregon.

Senator NEUBERGER. Thank you, Mr. Chairman.

Since mention has been made of the previous time that Mr. Weaver came before this committee, I recall that it was one of the most embarrassing moments I ever spent in the U.S. Senate, and I thought the embarrassing situation was that the questioner was the one who should have had our sympathies, and the embarrassing situation was the sort of questions that were asked, because I remember how well the candidate replied. Since that time I have continued to enjoy a very good friendship and acquaintance with Mr. Weaver.

I would like to comment particularly on Mr. Wood's appointment, which I think is interesting in that too often in our society we have students taking courses in political science in a university and then what do they do? I speak to many of these groups and I ask, "What are you going to do when you graduate?" The reply is, "I am going to teach political science.

This becomes rather incestuous, I think, so it is good to have a political science professor who participates so actively in government, as Mr. Wood has in the past, and as he is going to do now.

I look forward to reading your latest book on government, Mr. Wood, and I presume you will have more after your experience here. Mr. WOOD. Thank you, Senator. I don't think I will be writing quite as frequently now.

Senator NEUBERGER. Thank you.

The CHAIRMAN. The Senator from Iowa.

Senator HICKENLOOPER. Thank you, Mr. Chairman.

The issue before the committee this morning is solely the confirmation of these nominees. And so, as far as I am concerned, I have not the slightest objection to their confirmation.

I think they are able men. I can only say that I still have the same opinion that I had several years ago, although I was not on this committee. So I can't say I voted for or against anything. But I did vote against the establishment of a Department of Urban Affairs in the Government. I don't think it is good for the American system. I think it erodes the State responsibility, and I opposed that because of the bypassing which I think will occur, the bypassing of the State and local authorities by the cities running to the Federal Government for aid and for bounty and for handouts and for assistance, where they should be assuming more of their own responsibility locally.

But, so far as these appointments are concerned, this matter has been settled by the Congress, and it is a question of the confirmation of these appointees, who are honorable and able, and I have no objection to their confirmation, although I may have objected to the formation of the Department which they are heading.

The CHAIRMAN. The Senator from Minnesota.

Senator MONDALE. Mr. Chairman, I was very pleased to be permitted to cosponsor the proposal for the creation of a Department of Housing and Urban Development, and I am delighted with the selection of Dr. Weaver and Dr. Wood by the President.

I think we must do far better than we have in the field of housing, far better than we have in terms of the local communities, to make our cities and suburbs better places in which to live. I think by the creation of this Department, and by the President's nomination of these two outstanding public servants, we have gotten off to a very fine start, and I am delighted to see both of you.

The CHAIRMAN. The Chair has no names of any witnesses who want to be heard. But the notice was short, and the Chair wants to be very fair to the public.

This is an important appointment. If there be any witness here who thinks he has a right to be heard, if he will stand up, I will let him say why he should be heard and then we may be willing to hear him.

[After a pause.] Nobody appears. Senator Sparkman?

Senator SPARKMAN. Just as a matter of getting the record straight, with reference to the point Senator Hickenlooper raised, certainly Í would agree with him-and Senator Thurmond raised it too. But isn't it necessary, under the law, for a city or urban community which wishes to benefit under the program to be authorized to do so by the State?

Mr. WEAVER. In practically every program, in fact every program we have which involves financial assistance to a local government or to a city, it is necessary for the State to pass what we call enabling legislation, either to authorize specifically the city to participate, or to have such legislation as would give that city that authority.

The city cannot come to the Federal Government unless it is so authorized by the State, either in the Constitution or by specific legislation.

Senator SPARKMAN. I thought it would be well for the record to show that.

Senator THURMOND. Mr. Chairman, I have a few questions I wish to propound to Dr. Wood.

The CHAIRMAN. You may proceed.

Senator THURMOND. Dr. Wood, you are acquainted, I presume, with Mr. Harold R. Isaacs, who is also at the Massachusetts Institute of Technology?

Mr. WOOD. Yes, sir. He is a professor in my department.

Senator THURMOND. Are you familiar with Mr. Isaacs' book "The New World of Negro Americans"?

Mr. Wood. Yes, sir.

Senator THURMOND. To what extent, if any, did you assist in or contribute to the writing of this book by Mr. Isaacs?

Mr. WOOD. I didn't assist at all, sir. Mr. Isaacs is an independent scholar and so am I.

Senator THURMOND. Have you recently participated in the preparation of the task force study on the problems of the big cities? Mr. WOOD. Yes, sir; I had that pleasure.

Senator THURMOND. What is the status of this task force report? Mr. Wood. The report has been available to the President, and is under consideration.

Senator THURMOND. What are your views on the establishment of a separate Department of Transportation, rather than leaving the mass transit problems in the Department of Urban Affairs?

I am not

Mr. WOOD. Senator, I have not arrived at any views on this point. I am not familiar with any specific proposal on transportation beyond that outlined in the President's state of the Union message. familiar with the details of the broad outlines he stated there. So I think, until more information is available, I have no judgment at the present time.

Senator THURMOND. I wish to ask you a question which I am very much interested in, and always have been since in public life, and that is pertaining to the States.

I am a great believer in the States. We have 51 governments in this country, and the 50 States are sovereign in every respect, except for those matters delegated in the Constitution to the Central Government. The States have all of the powers any sovereign nation could have, except for certain limited restricted powers that have been delegated by the States in the Constitution.

I guess you agree with that?

Mr. WOOD. Yes, sir.

Senator THURMOND. Do you favor abolishing or substantially changing in any way the status of State governments?

Mr. WOOD. The only hope I would have, as far as State governments are concerned, Senator, is that they become stronger, more vigorous, and more effective. If you look back over the last 10 or 15 years, you will find that State and local governments represent the most rapidly growing sector of our economy. I think State governments have within the last 10 years moved very vigorously in a series of areas to respond to the needs of their citizens. I expect them to continue.

I think the battery of aids and the kinds of programs that this Department and other departments and agencies of the National Government now undertake are designed to make that energy flow increase.

I began my service in the government as a staff assistant for the Florida Legislature, and associate director of the Florida Legislative Reference Bureau. At that time I came to know the capacity and

the ability of State governments; I became respectful and responsive to the people who served there; and I have continued to hold that view ever since.

Senator THURMOND. I am a strong believer in the States remaining strong with their powers. I am convinced if we delegate many more powers to the Central Government, that we will have a concentration of power at the national level that will be dangerous to the freedom of the people of this Nation.

History shows that wherever there has been a strong concentration of power at any one level of government, that the people have suffered terribly. We don't want that to happen in America. So that is the reason I wanted to ask you about that particular question.

Mr. Chairman, based on the witness' answer to those questions, I shall be pleased to support his confirmation.

The CHAIRMAN. Are there any further questions?

We will excuse the nominees now in order that we may go into executive session.

(Whereupon, at 10:50 a.m., the committee went into executive session.)

(The public law and other material relating to the establishment of the Department of Housing and Urban Development, previously referred to, follow:)

[Public Law 89–174, 89th Cong., H.R. 6927, September 9, 1965.]

AN ACT To establish a Department of Housing and Urban Development, 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 “Department of Housing and Urban Development Act".

DECLARATION OF PURPOSE

SEC. 2. The Congress hereby declares that the general welfare and security of the Nation and the health and living standards of our people require, as a matter of national purpose, sound development of the Nation's communities and metropolitan areas in which the vast majority of its people live and work.

To carry out such purpose, and in recognition of the increasing importance of housing and urban development in our national life, the Congress finds that establishment of an executive department is desirable to achieve the best administration of the principal programs of the Federal Government which provide assistance for housing and for the development of the Nation's communities; to assist the President in achieving maximum coordination of the various Federal activities which have a major effect upon urban community, suburban, or metropolitan development; to encourage the solution of problems of housing, urban development, and mass transportation through State, county, town, village, or other local and private action, including promotion of interstate, regional, and metropolitan cooperation; to encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries to housing, urban development, and the national economy; and to provide for full and appropriate consideration, at the national level, of the needs and interests of the Nation's communities and of the people who live and work in them.

ESTABLISHMENT OF DEPARTMENT

SEC. 3. (a) There is hereby established at the seat of government an executive department to be known as the Department of Housing and Urban Development (hereinafter referred to as the "Department"). There shall be at the head of the Department a Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary”), who shall be appointed by the President by and with the advice and consent of the Senate. The Department shall be administered under the supervision and direction of the Secretary. The Secretary shall receive compensation at the rate now or hereafter prescribed by law for the heads of executive departments.

(b) The Secretary shall, among his responsibilities, advise the President with respect to Federal programs and activities relating to housing and urban development; develop and recommend to the President policies for fostering the orderly growth and development of the Nation's urban areas; exercise leadership at the direction of the President in coordinating Federal activities affecting housing and urban development; provide technical assistance and information, including a clearinghouse service to aid State, county, town, village, or other local governments in developing solutions to community and metropolitan development problems; consult and cooperate with State Governors and State agencies including, when appropriate, holding informal public hearings, with respect to Federal and State programs for assisting communities in developing solutions to community and metropolitan development problems and for encouraging effective regional cooperation in the planning and conduct of community and metropolitan development programs and projects; encourage comprehensive planning by the State and local governments with a view to coordinating Federal, State, and local urban and community development activities; encourage private enterprise to serve as large a part of the Nation's total housing and urban development needs as it can and develop the fullest cooperation with private enterprise in achieving the objectives of the Department; and conduct continuing comprehensive studies, and make available findings, with respect to the problems of housing and urban development.

(c) Nothing in this Act shall be construed to deny or limit the benefits of any program, function, or activity assigned to the Department by this or any other Act to any community on the basis of its population or corporate status, except as may be expressly provided by law.

UNDER SECRETARY AND OTHER OFFICERS AND OFFICES

SEC. 4. (a) There shall be in the Department an Under Secretary, four Assistant Secretaries, and a General Counsel, who shall be appointed by the President by and with the advice and consent of the Senate, who shall receive compensation at the rate now or hereafter provided by law for under secretaries, assistant secretaries, and general counsels, respectively, of executive departments, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. There shall be in the Department a Federal Housing Commissioner, who shall be one of the Assistant Secretaries, who shall head a Federal Housing Administration within the Department, who shall have such duties and powers as may be prescribed by the Secretary, and who shall administer, under the supervision and direction of the Secretary, departmental programs relating to the private mortgage market.

(b) There shall be in the Department an Assistant Secretary for Administration, who shall be appointed, with the approval of the President, by the Secretary under the classified civil service, who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time, and whose annual rate of compensation shall be the same as that now or hereafter provided by or pursuant to law for assistant secretaries for administration of executive departments.

(c) There shall be in the Department a Director of Urban Program Coordination, who shall be designated by the Secretary. He shall assist the Secretary in carrying out his responsibilities to the President with respect to achieving maximum coordination of the programs of the various departments and agencies of the Government which have a major impact on community development. In providing such assistance, the Director shall make such studies of urban and community problems as the Secretary shall request, and shall develop recommendations relating to the administration of Federal programs affecting such problems, particularly with respect to achieving effective cooperation among the Federal, State, and local agencies concerned. Subject to the direction of the Secretary, the Director shall, in carrying out his responsibilities, (1) establish and maintain close liaison with the Federal departments and agencies concerned, and (2) consult with State, local, and regional officials, and consider their recommendations with respect to such programs.

TRANSFERS TO DEPARTMENT

SEC. 5. (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to and vested in the Secretary all of the functions, powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration in that Agency, and of the heads and other officers and offices of said agencies.