Memorandum on Reassignment of Civil Rights Functions

Note: The memorandum from the Vice President recommending reassignment of civil rights functions, also made public on September 24, follows:

"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 4 1/2 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 attitude--but 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, 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 m 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 more 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 Society--equal opportunity and full freedom for all men."

On September 24, 1965, the President signed two Executive orders on civil rights functions: Executive Order 11246 "Equal Employment Opportunity" (1 Weekly Comp. Pres. Docs., p. 305; 30 F.R. 12319, 12935; 3 CFR, 1965 Supp., p. 167); and Executive Order 11247 "Providing for the Coordination by the Attorney General of Enforcement of Title VI of the Civil Rights Act of 1964" (1 Weekly Comp. Pres. Docs., p. 310; 30 F.R. 12327; 3 CFR, 1965 Supp., p. 177).