
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2000g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VIII--COMMUNITY RELATIONS SERVICE
 
Sec. 2000g. Establishment of Service; Director of Service: 
        appointment, term; personnel
        
    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 chapter 51 and subchapter III of 
chapter 53 of title 5.

(Pub. L. 88-352, title X, Sec. 1001(a), July 2, 1964, 78 Stat. 267; Pub. 
L. 95-624, Sec. 5, Nov. 9, 1978, 92 Stat. 3462.)

                       References in Text

    The civil service laws, referred to in text, are set forth in Title 
5, Government Organization and Employees. See, particularly, section 
3301 et seq. of Title 5.

                          Codification

    References to ``chapter 51 and subchapter III of chapter 53 of title 
5'' and ``section 3109 of title 5'' substituted in text for ``the 
Classification Act of 1949, as amended'' and ``section 15 of the Act of 
August 2, 1946 (60 Stat. 810; 5 U.S.C. 55a)'', respectively, on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5, Government Organization and 
Employees.


                               Amendments

    1978--Pub. L. 95-624 struck out provision authorizing the Director 
to procure the services of experts and consultants at rates for 
individuals not in excess of $75 per diem.


                    REORGANIZATION PLAN NO. 1 OF 1966

         Eff. Apr. 22, 1966, 31 F.R. 6187, 80 Stat. 1607

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, February 10, 1966, pursuant 
    to the provisions of the Reorganization Act of 1949, 63 Stat. 203, 
    as amended [see 5 U.S.C. 901 et seq.].

                   COMMUNITY RELATIONS SERVICE


                     Section 1. Transfer of Service

    Subject to the provisions of this reorganization plan, the Community 
Relations Service now existing in the Department of Commerce under the 
Civil Rights Act of 1964 (Pub. L. No. 88-352, July 2, 1964) [see Short 
Title note under 42 U.S.C. 2000a], including the office of Director 
there of, is hereby transferred to the Department of Justice.


                      Sec. 2. Transfer of Functions

    All functions of the Community Relations Service, and all functions 
of the Director of the Community Relations Service, together with all 
functions of the Secretary of Commerce and the Department of Commerce 
with respect thereto, are hereby transferred to the Attorney General.


                      Sec. 3. Incidental Transfers

    (a) Section 1 hereof shall be deemed to transfer to the Department 
of Justice the personnel, property, and records of the Community 
Relations Service and the unexpended balances of appropriations, 
allocations, and other funds available or to be made available to the 
Service.
    (b) Such further measures and dispositions as the Director of the 
Bureau of the Budget shall deem to be necessary in order to effectuate 
the transfers referred to in subsection (a) of this section shall be 
carried out in such manner as he shall direct and by such agencies as he 
shall designate.


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 1 of 1966, prepared in 
accordance with the Reorganization Act of 1949, as amended, and 
providing for reorganization of community relations functions in the 
area of civil rights.
    After a careful review of the activities of the Federal agencies 
involved in the field of civil rights, it became clear that the 
elimination of duplication and undesirable overlap required the 
consolidation of certain functions.
    As a first step, I issued Executive Orders 11246 and 11247 on 
September 24, 1965.
    Executive Order 11246 simplified and clarified executive branch 
assignments of responsibility for enforcing civil rights policies and 
placed responsibility for the Government-wide coordination of the 
enforcement activities of executive agencies in the Secretary of Labor 
with respect to employment by Federal contractors and in the Civil 
Service Commission with respect to employment by Federal agencies.
    Executive Order 11247 directed the Attorney General to assist 
Federal agencies in coordinating their enforcement activities with 
respect to title VI of the Civil Rights Act of 1964, which prohibits 
discrimination in federally assisted programs.
    As a further step for strengthening the operation and coordination 
of our civil rights programs, I now recommend transfer of the functions 
of the Community Relations Service, established in the Department of 
Commerce under title X of the Civil Rights Act of 1964, to the Attorney 
General and transfer of the Service, including the Office of Director, 
to the Department of Justice.
    The Community Relations Service was located in the Department of 
Commerce by the Congress on the assumption that a primary need would be 
the conciliation of disputes arising out of the public accommodations 
title of the act. That decision was appropriate on the basis of 
information available at that time. The need for conciliation in this 
area has not been as great as anticipated because of the voluntary 
progress that has been made by businessmen and business organizations.
    To be effective, assistance to communities in the identification and 
conciliation of disputes should be closely and tightly coordinated. 
Thus, in any particular situation that arises within a community, 
representatives of Federal agencies whose programs are involved should 
coordinate their efforts through a single agency. In recent years, the 
Civil Rights Division of the Justice Department has played such a 
coordinating role in many situations, and has done so with great 
effectiveness.
    Placing the Community Relations Service within the Justice 
Department will enhance the ability of the Justice Department to mediate 
and conciliate and will insure that the Federal Government speaks with a 
unified voice in those tense situations where the good offices of the 
Federal Government are called upon to assist.
    In this, as in other areas of Federal operations, we will move more 
surely and rapidly toward our objectives if we improve Federal 
organization and the arrangements for interagency coordination. The 
accompanying reorganization plan has that purpose.
    The present distribution of Federal civil rights responsibilities 
clearly indicates that the activities of the Community Relations Service 
will fit most appropriately in the Department of Justice.
    The Department of Justice has primary program responsibilities in 
civil rights matters and deep and broad experience in the conciliation 
of civil rights disputes. Congress has assigned it a major role in the 
implementation of the Civil Rights Act of 1957, 1960, and 1964, and the 
Voting Rights Act of 1965. The Department of Justice performs related 
functions under other acts of Congress. Most of these responsibilities 
require not only litigation, but also efforts at persuasion, 
negotiation, and explanation, especially with local governments and law 
enforcement authorities. In addition, under the Law Enforcement 
Assistance Act the Department will be supporting local programs in the 
area of police-community relations.
    The test of the effectiveness of an enforcement agency is not how 
many legal actions are initiated and won, but whether there is 
compliance with the law. Thus, every such agency necessarily engages in 
extensive efforts to obtain compliance with the law and the avoidance of 
disputes. In fact, title VI of the Civil Rights Act of 1964 requires 
each agency concerned to attempt to obtain compliance by voluntary means 
before taking further action.
    Among the heads of Cabinet departments the President looks 
principally to the Attorney General for advice and judgment on civil 
rights issues. The latter is expected to be familiar with civil rights 
problems in all parts of the Nation and to make recommendations for 
executive and legislative action.
    The Attorney General already has responsibility with respect to a 
major portion of Federal conciliation efforts in the civil rights field. 
Under Executive Order 11247, he coordinates the Government-wide 
enforcement of title VI of the Civil Rights Act of 1964, which relies 
heavily on the achievement of compliance through persuasion and 
negotiation.
    In the light of these facts, the accompanying reorganization plan 
would transfer the functions of the Community Relations Service and of 
its Director to the Attorney General. In so providing, the plan, of 
course, follows the established pattern of Federal organization by 
vesting all the transferred powers in the head of the department. The 
Attorney General will provide for the organization of the Community 
Relations Service as a separate unit within the Department of Justice.
    The functions transferred by the reorganization plan would be 
carried out with full regard for the provisions of section 1003 of title 
X of the Civil Rights Act of 1964 relating to (1) cooperation with 
appropriate State or local, public, or private agencies; (2) the 
confidentiality of information acquired with the understanding that it 
would be so held; and (3) the limitation on the performance of 
investigative or prosecutive functions by personnel of the Service.
    This transfer will benefit both the Department of Justice and the 
Community Relations Service in the fulfillment of their existing 
functions.
    The Attorney General will benefit in his role as the President's 
adviser by obtaining an opportunity to anticipate and meet problems 
before the need for legal action arises.
    The Community Relations Service, brought into closer relationship 
with the Attorney General and the Civil Rights Division of the 
Department of Justice, will gain by becoming a primary resource in a 
coordinated effort in civil rights under the leadership of the Attorney 
General. The Community Relations Service will have direct access to the 
extensive information, experience, staff, and facilities within the 
Department and in other Federal agencies.
    Finally, the responsibility for coordinating major Government 
activities under the Civil Rights Act aimed at voluntary and peaceful 
resolution of discriminatory practices will be centered in one 
department. Thus, the reorganization will permit the most efficient and 
effective utilization of resources in this field. Together the Service 
and the Department will have a larger capacity for accomplishment than 
they do apart.
    Although the reorganizations provided for in the reorganization plan 
will not of themselves result in immediate savings, the improvement 
achieved in administration will permit a fuller and more effective 
utilization of manpower and will in the future allow the performance of 
the affected functions at lower costs than would otherwise be possible.
    After investigation I have found and hereby declare that each 
organization included in Reorganization Plan No. 1 of 1966 is necessary 
to accomplish one or more of the purposes set forth in section 2(a) of 
the Reorganization Act of 1949, as amended.
    I recommend that the Congress allow the reorganization plan to 
become effective.
                                                      Lyndon B. Johnson.
    The White House, February 10, 1966.
