(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 X-ESTABLISHMENT OF COMMUNITY
RELATIONS. SERVICE

SEC. 1001. (a) There is hereby established in and as a part of the Department of Commerce a Community Relations Service (hereinafter referred to as the "Service"), which shall be headed by a Director who shall be appointed by the President with the advice and consent of the Senate for a term of four years. The Director is authorized to appoint, subject to the civil service laws and regulations, such other personnel as may be necessary to enable the Service to carry out its functions and duties, and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Director is further authorized to procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55 (a)), but at rates for individuals not in excess of $75 per diem.

(b) Section 106(a) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2205 (a)), is further amended by adding the following clause thereto :

"(52) Director, Community Relations Service."

SEC. 1002. It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin 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 may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.

SEC. 1003. (a) The Service shall, whenever possible, in performing its functions, seek and utilize the cooperation of appropriate State or

(b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he acted on behalf of the Service. Any officer or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year.

SEC. 1004. Subject to the provisions of sections 205 and 1003(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of the activities of the Service during the preceding fiscal year.

Senator RIBICOFF. Reorganization Plan No. 1 of 1966 provides for the transfer of the Community Relations Service from the Commerce Department to the Justice Department. It was first proposed in a memorandum to the President from the Vice President recommending the reassignment of the civil rights function to several agencies of Government. The President concurred in these recommendations and as part of his revision of civil rights functions submitted Reorganization Plan No. 1 to Congress on February 10, 1966. We will insert at this point a copy of the Vice President's memorandum and the President's reply.

[For release, Sept. 24, 1965, Office of the White House Press Secretary]

THE WHITE HOUSE. MEMORANDUM FOR THE PRESIDENT FROM THE VICE PRESIDENT ON RECOMMENDED REASSIGNMENT OF CIVIL RIGHTS FUNCTIONS

As you will recall, last February and on many occasions since, we discussed the desirability of a careful review of the activities of the various Federal agencies involved in the field of civil rights. It was clear then that there were many functions that might well be consolidated. In every field of governmental activity, it is essential to eliminate duplication or undesirable overlap and that principle is equally applicable to civil rights programs.

I have just completed an intensive review and am pleased to propose a number of changes which, in my view, will strengthen the operation and direction of our civil rights programs and at the same time eliminate confusion and duplication.

A cardinal principle underlying these recommendations is that, whenever possible, operating functions should be performed by departments and agencies with clearly defined responsibilities, as distinguished from interagency committees or other interagency arrangements. That principle is particularly applicable to civil rights programs where it is essential that our objectives be pursued vigorously and without delay that frequently accompanies a proliferation of interagency committees and groups.

Thus, one of the prime considerations running through my study and these recommendations is that each officer and employee of the Federal Government who administers a Federal program recognizes that he is responsible for making certain that the program is administered without discrimination on the basis of race, creed, and color and with full consideration of our objective of equal opportunity for all Americans.

Every employee responsible for the administration of our vast education programs must recognize that he is also responsible for enforcement of equal opportunity and nondiscrimination.

Every individual responsible for the administration of our labor programs must recognize that he is also responsible for compliance with our civil rights laws as they affect his programs.

Every person who contracts on behalf of the Government with private parties must recognize that he is responsible for nondiscrimination in Government contracts.

Every individual who hires any Federal employee must recognize that he is responsible for equal opportunity for all Americans to serve in the Federal Government.

In short, I believe the time has now come when operating functions can and should be performed by departments and agencies with clearly defined responsibility for the basic program, and that interagency committees and other interagency arrangements would now only diffuse responsibility.

The President's Committee on Equal Employment Opportunity, which you served as Chairman during your tenure as Vice President, has made a valuable and lasting contribution to the elimination of discrimination in employment. As Chairman of that Committee, I have had the opportunity to observe its operation and I am convinced that its functions can be even more effectively administered if transferred to existing agencies.

The responsibility for insuring that the Federal Government, in its employment, promotion, and other personnel policies, does not discriminate, can best

be handled by the Civil Service Commission which has overall program responsibility for Federal personnel policies. The record of the Federal Government in this field in the past 41⁄2 years has been one of steady progress, but much remains to be done, and I believe that transferring these functions to the Chairman of the Civil Service Commission will place them in an operating agency where they logically belong.

The Secretary of Labor, as Vice Chairman of the Committee, has had primary responsibility for reviewing complaints and, through the contracting departments and agencies, insuring compliance by Government contractors with nondiscrimination requirements. With all the experience gained over a period of years by the personnel involved in this program, responsibility should now be vested directly in the Department of Labor, and I so recommend.

The plans for progress program, under which hundreds of the Nation's leading business and labor organizations have pledged to promote employment policies free of any racial, religious, or national origins bias, rests on a voluntary basis. Its continued operation on a private voluntary basis is essential to the achievement of the objectives of the equal employment opportunity program of the Federal Government. The support which it has received from our Federal Government should continue.

The reassignment of these functions of the Committee on Equal Employment Opportunity to existing agencies which can be accomplished by Executive order will eliminate the need for the Committee's continuation. I realize the deep personal attachment you have for the work of the Committee because of your long and successful association with it-and, of course, I share this attitudebut nevertheless I am convinced that these changes will result in more effective operation.

The Community Relations Service was located 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 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. Thus, disputes which involve school problems should be handled by the Commissioner of Education and his staff; disputes which involve housing should be dealt with by the Department of Housing and Urban Development; disputes which involve employment should be dealt with by the Equal Employment Opportunity Commission, etc.

The Department of Justice has had deep and broad experience in racial matters and possesses information on a nationwide basis. I recommend, therefore, that the Community Relations Service be transferred to the Attorney General so that when necessary he can call upon the appropriate department with expert knowledge and positive programs to conciliate disputes.

The clearinghouse and data gathering functions which are currently being performed by the Community Relations Service should be undertaken by the Civil Rights Commission, which already has similar responsibilities.

I understand that the changes proposed above will require a reorganization plan, and I urge such a plan be prepared for submission at the commencement of the next session of Congress. I believe that such a plan will not only prevent duplication of effort, make civil rights responsibilities an integral part of operating responsibilities; it will also result in substantial savings.

During this period of evaluation and adjustment to the Civil Rights Act of 1964, it has been essential to have had the Council on Equal Opportunity which was established by Executive order earlier this year. In line with our goal of reducing the number of governmental bodies in this field, I have examined the role of the Council and have concluded that the reasons for creating the Council no longer exist, and I recommend, therefore, that it be terminated. I am satisfied that the working relationships between departments and agencies have advanced to the point where the formal organizational structure of the Council is no longer essential, and should be terminated by

Executive order. The coordination of title VI policies and practices within the Federal agencies has been most encouraging. Now that this significant program of insuring that Federal funds are not used to support State and local programs administered on a discriminatory basis has moved to the phase in which hearings and possible judicial action is involved, the Justice Department which has the ultimate responsibility for enforcing title VI should be assigned the task of coordinating the Federal Government's enforcement policies in this area.

Those of us who have seen new agencies come into being throughout the years recognize how difficult it is to bring them to a close even when the need for them no longer exists. I am especially pleased and proud, therefore, to recommend these consolidations and terminations to you. If you should act favorably upon these recommendations, I hope it will be perfectly clear to all that they do not represent a determination that civil rights problems in this country are resolved or eliminated, for indeed, the most difficult and complicated part of the journey to our national goal of a prejudice-free society lies ahead of us. Rather our effort has been to eliminate separate agencies where possible and to locate essential functions where they can be performed properly and most efficiently.

Under your leadership as President, the executive branch of the Federal Government-in a partnership with the Congress that is essential to progress in this field-and the American people have made greater strides in the area of civil rights than ever before in our history. I believe that the actions I have recommended will continue the tremendous steps forward and bring us closer to fulfillment of one of the most important objectives of the Great Societyequal opportunity and full freedom for all men.

[For release Sept. 24, 1965, Office of the White House Press Secretary]

THE WHITE HOUSE.

MEMORANDUM FROM THE PRESIDENT TO THE VICE PRESIDENT

I concur in your recommendations to streamline and strengthen the civil rights effort of this administration.

I share your conviction that it is of paramount importance to attach responsibility for effective civil rights programs to each and every official of the Federal Government.

Those who are responsible for our programs in education, in the development of our cities, in employment-indeed, in every area-must also bear the responsibility for administering those programs without discrimination on the basis of race, creed, or color. Each official of the Government must understand that every program for which he is responsible must be administered to insure equal opportunity for all Americans.

I know that there is no cause to which you have been more devoted than the cause of equal opportunity. The energy and dedication which you have brought to this difficult problem of governmental organization will make even more effective our important civil rights program.

Our first witness is the Attorney General of the United States, Nicholas de B. Katzenbach.

Senator JAVITS. Mr. Chairman, I would like to make a brief statement.

STATEMENT BY SENATOR JAVITS

Senator JAVITS. Mr. Chairman, when the President sent Reorganization Plan No. 1 to the Congress, I introduced the resolution upon which these hearings are based, and I made it clear that the purpose of my objection was to make the Government prove its case.

I felt then, as now, that with the great weight of legislative history against such a transfer, it should not be undertaken lightly or simply by default of the Congress, unless circumstances have changed so much

since June 1964 as to warrant this departure from the expressed intent of the Congress.

The exact language of section 1003 of the Civil Rights Act of 1964 providing for the Community Relations Service seems to provide a persuasive argument against this transfer to the Department of Justice though that is by no means conclusive in my mind. I am very pleased that we are having these hearings and that the Attorney General is the first witness.

Specifically, section 1003 requires that conciliation services be conducted in confidence and without publicity. Any information which the Service receives or which individual conciliators receive in their capacity as peacemakers must be held confidential. In fact, disclosure of information obtained under the conditions which I have described is punishable by a fine of not more than a thousand dollars or imprisonment of not more than 1 year.

Without these restrictions, it is doubtful that the Service could operate effectively.

While the Service could conceivably isolate its conciliation functions from the prosecuting functions of the Department of Justice, the possibility that this would not be done would seriously hamper the conciliation function, which necessarily is based on gaining the confidence of those to be conciliated.

President Kennedy, in his civil rights message of June 1963, emphasized this problem when he said, and I quote:

The Department of Justice and its Civil Rights Division has already performed yeoman service of this nature [to wit, conciliation] in Birmingham and Jackson and throughout the country. But 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.

Vice President Humphrey, who was then the majority whip in the Senate, and the floor manager of the Civil Rights Act of 1964, emphasized that the Service, and again I quote—

would have no law enforcement responsibilities and no powers of compulsion. It would preserve the confidentiality of information it receives, as such, in the course of its duties.

Clearly, then, this proposed transfer is directly contrary, as I read it, to the intent for which this Service was created by the Congress. It may nonetheless be both wise and necessary in the light of new circumstances, and that is what I hope to join my colleagues in finding out. In conclusion, let me say also that there has been considerable controversy within the civil rights movement about the transfer. Opposition was initially expressed by prominent members of the Leadership Conference on Civil Rights and by a Special Subcommittee of the Leadership Conference set up to study the movement. The Leadership Conference is an organization of the major civil rights organizations in the country.

Now, these parties, that is the Leadership Conference on Civil Rights and its components, may have changed their minds, and now find the transfer acceptable. That's another reason why I am very willing to listen to the argument which convinced them and approach this hearing with an open mind.