10.

Contractor certifies to FMC Corporation that it does not and will
not maintain or provide for its employees any segregated facilities
at any of its establishments and that it does not and will not
permit its employees to perform services at any location, under
its control, where segregated facilities are maintained. Contractor
understands and agrees that a breach of this certification is a
violation of the Equal Opportunity clause required by Executive
Order 11246 of September 24, 1965.

As used in this certification the term "segregated facilities" means any waiting rooms, work areas, restaurants and other eating areas, time clocks, rest rooms, wash rooms, locker rooms, and other storage or dressing areas parking lots, drinking fountains, recreation or entertainment areas, transportation or housing facilities provided for employees which are segregated by written or oral policies or are in fact segregated on the basis of race, religion, color, sex, or national origin because of custom or otherwise.

Contractor further agrees that, except where it has obtained certifications from proposed subcontractors for specific time periods it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, that it will retain such certifications in its files and that it will forward the following notice to such proposed subcontractors, identical certifications for such time periods: NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certification of Non-Segregated Facilities, as required by the May 9, 1967, order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, May 19, 1967), must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. This certification may be submitted either for each subcontract or for all subcontracts during a period (i.e. quarterly, semiannually, or annually).

NOTE: Whoever knowingly and willfully makes any false, fictitious, or fraudulent representation may be liable to criminal prosecution under 18 U.S. Code Sec. 1001.

E.O. 11625 - MINORITY BUSINESS ENTERPRISE

(a)

(b)

It is the policy of the Government that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of Government contracts.

The Contractor agrees to use his best efforts to carry out this policy
in the award of his subcontracts to the fullest extent consistent with
the efficient performance of the contract. As used in the contract, the
term "Minority Business Enterprise" means a business, at least 50 percent
of which is owned by minority group members or, in the case of publicly
owned businesses, at least 51 percent of the stock of which is owned by
minority group members. For the purposes of this definition, minority
group members are Negroes, Spanish-speaking American persons, American
Orientals, American-Indians, American Eskimos, and American Aleuts.
Contractors may rely on written representations by subcontractors regard-
ing their status as minority business enterprises in lieu of an inde-
pendent investigation.

E.O. 11701 - EMPLOYMENT OF VETERANS

1. As provided by 41 CFR 50-250, the contractor agrees that all employment openings of the contractor which exist at the time of execution of this contract and those which occur during the performance of this contract, including those not generated by the contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those if independently operated corporate affiliates, shall, to the maximum extent feasible, be offered for listing at an approporate local office of the Federal-State Employment Service system wherein the opening occurs and to provide such hires as may be required; provided, that this provision shall not apply to openings which the contractor fills from within the contractor's organization or are filled pursuant to a customary and traditional employer-union hiring arrangement and that the listing of employment openings shall involve only the normal obligations which attach to the placing of job orders.

2. The contractor agrees further to place the above provision in any subcontract directly under this contract.

E.O. 11758 EMPLOYMENT OF HANDICAPPED PERSONS

It is further agreed that the following provision, set forth in Section 503
of the Rehabilitation Act of 1973, is made a part of any existing or future
contract between the contractor and FMC Corporation.

The contractor certifies that, in employing persons to carry out contracts
entered into with FMC Corporation, it will take affirmative action to
employ and advance in employment qualified handicapped individuals, defined
as "any person who (a) has a physical or mental impairment which substantially
limits one or more of such person's major life activities, (b) has a record of
such impairment, or (c) is regarded as having such an impairment.
Contractor further certifies that it will obtain identical certifications
from proposed subcontractors prior to the award of subcontracts exceeding
$2,500 covering the procurement of personal property and non-personal
services (including construction.)

Pursuant to the Rules and Regulations of Executive Order 11246 we are exempt from the requirement of the equal employment clause.

From:

Re:

Congressman Elliott H. Levitas

Geoffrey S. Stewart, Harvard Legislative Research
Bureau, Harvard Law School

H.R. 3658, 94th Congress, 1st Session

Date: November 24, 1975

TABLE OF CONTENTS

I.

II.

III.

IV.

v.

Conclusions

H.R. 3658

The Nature of Congressional Action under H.R. 3658

Constitutionality of Legislative Action under H. R. 3658

A.

B.

Constitutional Problems of Effecting the Veto by

Means of a Resolution of a Single House

Constitutionality of the Negative Affirmance

Procedure under Article I § 7.

Constitutionality of H.R. 3658 from the Standpoint of

Separation of Powers

H.R. 3658 encounters a number of constitutional problems, the most significant being those attendant to the requirements that both Houses of Congress act concurrently in passing legislation, and all legislation be submitted to the President for approval or veto, and to the principle of separation of powers. The impact of these issues depends to a large degree on the characterization given to Congress'a action in vetoing administrative rules under

the bill. If Congress is seen as engaging in a mode of are legislation, the problems raised by Article I § 7 of the Constitution and the constitutional requirement that the Senate and House of Representatives act concurrently. On the other hand, if Congress is thought of as exercising some form of non-legislative authority over the executive, the chief constitutional issue becomes whether H.R. 3658

is an undue intrusion upon the domain of the executive branch. The proper characterization of the H. R. 3658 veto is probably between these two extremes. Because of the unique legal status of administrative rules that bear criminal sanctions, however, it would be more to the advantage of the bill to view it largely as a measure that allows