expense of the litigation" or that suit by such individual "might result in injury or economic damages to such person or persons, their families or their property." This actually amounts to blanket authority in the Attorney General without the necessity of any proof in any court of the receipt of a complaint nor is there any necessity of the filing of an action by an individual alleging a violation of his civil rights. As to "Title IV-Desegregation of Public Education," blanket authority is given to the Attorney General "to institute for and in the name of the United States, a civil action" under ineffective provisions similar to those mentioned in the last paragraph. This is granted by section 407 of the pending bill. As to "Title VI—Nondiscrimination in Federally Assisted Programs," and "Title VII-Equal Employment Opportunity Commission," section 711(b) obviously will be utilized as a basis of an Executive order, authorizing the Attorney General to act in connection with the provisions of these titles. The blanket authority given the President in section 711(b) is as follows: "The President is authorized to take such actions as may be appropriate to prevent the committing or continuing of an unlawful employment practice by a person in connection with the performance of a contract with an agency or instrumentality of the United States." As herein pointed out, this is not limited to Government contractors and subcontractors but is almost unlimited in scope by the provisions of title VI. As to "Title X-Miscellaneous," section 1001 provides "nothing in this Act shall be construed to deny, compel, or otherwise affect any right or authority of the Attorney General or of the United States or any agency thereof under existing law to institute or intervene in any action or proceeding." This is added in the pending bill and did not appear in the subcommittee proposal. Therefore the omission of title III which appeared in the su committee proposal does not constitute a moderation or waterin down thereof within the broad field covered by the various title The powers desired are granted in each by the use of other languag TITLE III. DESEGREGATION OF PUBLIC FACILITIES In the subcommittee proposal the provisions of this title we combined with the provisions of what now is "Title IV-Desegreg tion of Public Education." Both versions grant new blanket autho ity to the Attorney General "to institute for and in the name of th United States" actions for the desegregation of "any public facili which is owned, operated, or managed by or on behalf of any State subdivision thereof, other than a public school or public college defined in section 401 of title IV hereof." The only requirement, an it is meaningless and ineffective, is that the Attorney General certi suit, he would be unable, either directly or through other interested s or organizations to bear the expense of the litigation, or the of the suit might jeopardize the employment of or result in injury nomic damage to such person or persons, their families or their rty. There is no requirement that an action should be filed by dividual or that any proof in connection with the certification de in any court. pending bill is just as strong and objectionable as the subcomproposal. There is nothing moderate or "watered down" either. Such authority was not asked either by the President torney General either on February 28 or on June 19. It will during an election year, in a rash of suits in those areas where action would appear to be to the political advantage of the istration then in power. TITLE IV. DESEGREGATION OF PUBLIC EDUCATION The full committee substitute contains the same provisions of bcommittee proposal as those provisions relate to desegregation olic education. It does not "water down" or moderate in any he subcommittee's proposals. The same provisions are brought rd and, as pointed out elsewhere in this minority report (in nction with title VI of the bill) these provisions will ultimately in total Federal control of the educational processes in the d States. As heretofore noted, the administration bill contained referto "racial imbalance" in connection with desegregation in public tion. The subcommittee proposal and the pending bill have ed this reference. As heretofore explained, it appears that this is a matter of "public relations" or semantics, devised to prevent eople of the United States from recognizing the bill's true intent urpose. The administration apparently intends to rely upon n construction of "discrimination" as including the lack of racial ce, as distinguished from a statutory reference to "racial imce," as evidenced by the reports of the U.S. Commission on Rights and recent Executive orders and regulations. (TITLE V. SUBCOMMITTEE BILL) (ESTABLISHMENT OF COMMUNITY RELATION SERVICE) This title, incorporated in the subcommittee proposal and the al administration bill, has been deleted from the pending bill he titles of this report will, therefore, hereafter be renumbered. The provisions of the subcommittee proposal established a unity Relation Service in the Department of Commerce without articular authority or function other than to meddle in comy affairs. The subcommittee proposal and the pending bill provide for the priation of $10 million per year as the amount necessary to rt the force of the "Equal Opportunity Employment Commisafter the full title on equal employment opportunity goes into Both include a mandatory requirement that every Federal tment and agency empowered to extend Federal financial assist approximately $100 billion, will be available for the purpose o enforcing this bill. (4) It was apparently considered that ample authority was give elsewhere to effectuate the desires of the proponents of the legislation and hence this title was omitted. TITLE V. COMMISSION ON CIVIL RIGHTS (1) Although the President, in his message submitting the origina legislation to the Congress, did not ask that the U.S. Commission o Civil Rights be made a permanent commission, and the Attorney General testified before this committee that the Commission should not be made permanent, nevertheless both the subcommittee pro posal and the full committee substitute do so by repealing section 104 (c) of the Civil Rights Act of 1957. (2) The bill contains all other provisions of the subcommittee pro posal, with the exception of the express provision concerning advic and technical assistance to government agencies, communities, in dustries, organizations, or individuals. Thus the subcommittee pro posal was strengthened and broadened by the pending bill by adding a material and potent amendment and the removal of an objectionabl provision of less importance. TITLE VI. NONDISCRIMINATION IN FEDEALLY ASSISTED PROGRAMS (1) Of all the harsh and unprecedented proposals contained in the bill this title is the most radical departure from proper governmental policy It constitutes an amendment of every Federal statute which has here tofore been passed instituting or appropriating funds to support ever program or activity of the Federal Government involving Federa financial assistance. It makes a mandatory requirement upon ever Federal department or agency to utilize its resources to carry out th commands of the U.S. Commission on Civil Rights within the scop of the act through action of the President and the Attorney General regardless of the purpose of the individual program or activity and the funds provided in support thereof. (2) The amendments to this title set forth in the reported bill a compared to the subcommittee proposal constitute a masterpiece in deception and a patent attempt to mislead Members of Congress and the citizens of the United States concerning the scope and effect of th bill. (3) The subcommittee proposal, after subjecting every program o activity receiving Federal financial assistance to manipulation i connection with discrimination on the basis of race, color, or nationa origin, provided that "each Federal department and agency which i empowered to extend Federal financial assistance to any program o activity, by way of grant, contract, loan, insurance, guarantee, o otherwise, shall take action by or pursuant to rule, regulation, or orde to effectuate the purposes of the act." The reported bill contain identical provisions with the exception that the words "by way o grant, contract, loan, insurance, guarantee, or otherwise" are changed to the words "by way of grant, contract, or loan." Every instance o es a contract. The authors of this minority report have not able to ascertain any program or activity receiving Federal ial assistance in which a contract is not involved. Hence, the on of the words "insurance, guarantee, or otherwise" apparently • effect. The broad objection of citizens to the improper use of Federal as a club over every person or entity participating in such proor activities has resulted in the erection of a smokescreen. is no substantial change in the pending bill as compared to the nmittee proposal. The grossly objectionable words of the nmittee proposal have simply been eliminated on the theory hey are already covered by the general words retained in the bill. oes not constitute a moderation or watering down of the bill; it does ute a deliberate attempt to mislead those who would be affected a) Section 602 of the pending bill contains the following: Compliance with any requirement adopted pursuant to is section may be effected (1) by the termination of or resal to grant or to continue assistance under such program activity to any recipient as to whom there has been an exress finding of a failure to comply with such requirement, (2) by any other means authorized by law. 5: equivalent language in the subcommittee proposal was as Compliance with any requirement adopted pursuant to is section may be effected (1) by suit under section 703 of is title, (2) by the termination of or refusal to grant or to ontinue assistance upon an express finding that there has een a failure to comply with such requirement, or (3) by by other means authorized by law. The pending bill omitted what was section 703 of the subcomproposal affirmatively providing for enforcement by civil or other proceeding of any rules, regulations, orders, agreeetc., entered into under this title. It can be readily seen that the pending bill retained the enforcement provision that the night be done by "any other means authorized by law," it would e the right to bring a suit to enforce a rule, regulation, order, or ent, including temporary restraining orders and injunctions. urported "moderation" or "watering down" of the substitute al is neither a “moderation" nor a "watering down." To the ry, it is a patent attempt to bemuse the opposition and to mise citizens of the United States and Members of Congress. TITLE VII. EQUAL EMPLOYMENT OPPORTUNITY The pending bill and the subcommittee proposal both authorize here be appropriated "not to exceed $2,500,000 for the adminon of this title by the Commission during the first year after ctment, and not to exceed $10,000,000 for such purpose during ond year after such date." This indicates the extent of policing loyers, labor unions, and employment agencies planned by the stration. The difference in amount apparently arises because proposal a cr proposal the Admini The mental This would (b) With applying to way of gra method of Judicial pro in those exc or the empl with any P Cancellation withdrawal blacklisting tions, empl to be consi since they w (supported into full eff partment a tices" by employers, labor unions, and employment agencies and authorizing the Commission to bring proceedings for enforcement thereof. In (2) There is no material change in the substantive provisions of this title and its predecessor title defining "unlawful employment prac tices." Hence the general coverage of both versions is the same. defining the basis of discrimination, the subcommittee proposal contained the words "to discriminate against any individual because of his race, color, religion, national origin, or ancestry." The pending bill omits the words "or ancestry." (3) The major difference between this bill and the subcommittee proposal as it applies to this title is distinct. The subcommittee proposal created an "Equal Employment Opportunity Commission' consisting of an "Equal Employment Opportunity Board" and an "Office of the Administrator of the Equal Employment Opportunity Commission." This bill sets up an "Equal Employment Opportunity Commission" but does not divide it into a "Board" and an "Office of the Administrator." (a) The subcommittee bill called for procedures before the newly created board, followed by judicial review by the district courts of the United States. The full committee substitute calls for proceedings by the Commission in the U.S. district courts under section 707. In lieu of hearings before the Board as set forth in the subcommittee proposal, the full committee substitute authorizes the court to appoint a master to hear issues of fact. The pending bill has strengthened and broadened the enforcement provisions by giving the President blanket and unlimited authority (sec. 711(b)), which was not contained in the subcommittee proposal. The President is authorized to take such action as may be appropriate to prevent the committing or continuing of an unlawful employment practice by a person in connection with the performance of a contract with an agency or instrumentality of the United States." This would encourage unlimited issuance of Executive orders. (b) With the broad and extensive powers granted under title VI applying to any program or activity receiving Federal assistance by way of grant, contract, or loan, it was apparently decided that this method of enforcement renders unnecessary the creation of a board Judicial proceedings with facts heard by a master will be required only in those exceptional cases where the employer, the labor organization or the employment agency does not enter into contracts in connection with any program or activity receiving Federal financial assistance Cancellation of contracts, calling of loans, withdrawal of credit withdrawal of the right of representation by labor organizations blacklisting for undetermined periods of contractors, labor organiza tions, employment agencies, banks, realtors, or other persons appear to be considered as sufficient enforcement procedures, particularly since they will be policed through both the resources of the Commission (supported by $10 million per year for the first year that the title goes into full effect) and the resources and facilities of "each Federal department and agency which is empowered to lend Federal financial |