APPENDIX A

PROGRAM AND PROCEDURES TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY TO EMPLOYEES OF THE FEDERAL POWER COMMISSION

On August 8, 1969, President Nixon issued Executive Order 11478 (attachment 1) reaffirming the policy of the United States Government against discrimination in Federal employment, and directing the head of every department and agency to establish and maintain throughout his Administration an affirmative and continuing program of equal employment opportunity for all Federal employees and applicants for employment. The order specified certain features to be included in all such department and agency programs and assigned responsibility to the US. Civil Service Commission to ensure effective implementation. On September 4 and October 8, 1969, the Civil Service Commission issued regulations thereunder which, as revised from time to time, now appear in 5 CFR Chapter 1, Part 713.

By Administrative Order No. 131, January 26, 1970 (attachment 2), the Federal Power Commission adopted a comprehensive program for equal employment opportunity in all of its Bureaus and Offices. Responsibility for the administration of this program was placed at the top staff level by designating the FPC's Executive Director to serve as the agency's Director of Equal Employment Opportunity. Under its responsibility to ensure implementation, the Civil Service Commission thereafter requested all department and agency heads to develop affirmative Action Plans to implement the Executive order and the agency programs adopted pursuant to the order. A copy of the Federal Power Commission's current EEO Action Plan under which this agency's programs is now being administered is attached hereto (attachment 3).

To strengthen the organization and resources needed for a positive and effective program, the Chairman of the Federal Power Commission, in June 1971, appointed a full-time Equal Employment Opportunity Officer, at the GS-14 level, replacing the then Director, Office of Personnel Programs, who had been serving in that capacity on a part-time basis. The position now is located organizationally in the Office of the Commission's Executive Director. The appointee, an experienced personnel management official, devotes full-time attention to the Commission's equal employment opportunity effort, under the direct supervision of the Director of Equal Employment Opportunity. More recently the Federal Power Commission has appointed an FPC Women's Coordinator to focus on the placement and development of women in responsible positions in this essentially professional agency (Approximately 70% of the FPC staff members are professional or technical employees, e.g., accountants, lawyers, financial analysts, economists, geologists, marine biologists, or petroleum, hydraulic, electrical, and civil engineers.) Copies of the notices of the appointment of the Equal Employment Opportunity Officer and the Women's Coordinator are attached (attachments 4 and 5). Also, additional EEO counselors were appointed in 1971 to complete the Commission's equal employment opportunity staff, and all of the appointees have been provided special training in equal employment opportunity program administration.

The present Federal Power Commission views as a major policy objective the recruitment and career development of minority-group personnel and women for the FPC staff. Under its Administrative Order No. 131, this agency has made an intensive effort to provide true equality of opportunity at the Federal Power Commission, with the result that by November 30, 1970, the Federal Power Commission had risen to first place among the regulatory agencies in minority-group employment. According to figures published by the Civil Service Commission (SM 70-70B), minority-group employment among the six major regulatory agencies on November 30, 1970 was as follows, in terms of percentages of total agency employment:

Corresponding figures for November 30, 1971 will be published presently. They will show that on that date total FPC minority-group employment had increased to 24.2%. Although the Civil Service Commission has not published similar figures with respect to the employment of women, the number of women on the FPC staff who occupy professional and technical positions, as distinguished from clerical and administrative positions, has increased 63% since August 1, 1969, when the present Federal Power Commission Chairman took office.

The FPC effort has been carried forward on a variety of fronts. For example, a complete inventory of the unused but potentially usable skills of the agency's total work force has been compiled by the Equal Employment Officer and is being used by the Office of Personnel Programs and the EEO staff to make upward mobility a reality in this agency. A formal and continuing program of supervisor training in equal employment opportunity is in progress. Each week, the equal employment opportunity staff receives a complete report of all vacancies existing in every one of the Commission's Bureaus and Offices. Continuing referral arrangements have been effected with the NAACP, the Washington Urban League, (an affiliate of the National Urban League) the U.S. Civil Service Commission, Change, Inc. (a unit of the United Planning Organization), the District of Columbia Manpower Division of the Labor Department's Manpower Administration, some State Government organizations, and universities and colleges with substantial Negro, Spanish-Surnamed, and American Indian enrollments. There has been substantial participation in the Department of Labor Work Incentive Program (the WIN Program) for providing work training for welfare recipients, and the Equal Employment Opportunity Officer is actively participating in community programs to enhance employability generally and stimulate interest in FPC employment particularly, by giving talks to civic groups in disadvantaged areas on the subject of Federal employment.

For the past two years, the Federal Power Commission has greatly expanded its summer employment program to provide minority-group high school and college students temporary employment and an interesting work experience with this vital agency.

As a result of the encouraging success reflected in the steadily increasing FPC minority-group employment figures, a true spirit of equal employment opporttunity now pervades all elements of this agency, at all staff levels. The present Commission has succeeded in developing an atmosphere in relation to this effort which now provides real hope of continuing and expanded progress in both female and minority-group employment objectives at the Federal Power Commission.

Respectifully submitted.

WEBSTER P. MAXSON,
Executive Director,

ATTACHMENT 1

Executive Order 11478

EQUAL EMPLOYMENT OPPORTUNITY IN THE FEDERAL GOVERNMENT

It has long been the policy of the United States Government to provide equal opportunity in Federal employment on the basis of merit and fitness and without discrimination because of race, color, religion, sex, or national origin. All recent Presidents have fully supported this policy, and have directed department and agency heads to adopt measures to make it a reality.

As a result, much has been accomplished through positive agency programs to assure equality of opportunity. Additional steps, however, are called for in order to strengthen and assure fully equal employment opportunity in the Federal Government.

Now Therefore, under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows:

SECTION 1. It is the policy of the Government of the United States to provide equal opportunity in Federal employment for all persons, to prohibit discrimination in employment because of race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a continuing affirmative program in each executive department and agency. This policy of equal opportunity applies to and must be an integral part of every aspect of personnel policy and practice in the employment, develoment, advancement, and treatment of civilian employees of the Federal Government.

SEC. 2. The head of each executive department and agency shall establisu and maintain an affirmative program of equal employment opportunity for all civilian employees and applicants for employment within his jurisdiction in accordance with the policy set forth in section 1. It is the responsibility of each department and agency head, to the maximum extent possible, to provide sufficient resources to administer such a program in a positive and effective manner; assure that recruitment activities reach all sources of job candidates; utilize to the fullest extent the present skills of each employee; provide the maximum feasible opportunity to employees to enhance their skills so they may perform at their highest potential and advance in accordance with their abilities; provide training and advice to managers and supervisors to assure their understanding and implementation of the policy expressed in this Order; assure participation at the local level with other employers, schools, and public or private groups in cooperative efforts to improve community conditions which affect employability; and provide for a system within the department or agency for periodically evaluating the effectiveness with which the policy of this Order is being carried out.

SEC. 3. The Civil Service Commission shall provide leadership and guidance to departments and agencies in the conduct of equal employment opportunity programs for the civilian employees of and applicants for employment within the executive departments and agencies in order to assure that personnel operations in Government departments and agencies carry out the objective of equal opportunity for all persons. The Commission shall review and evaluate agency program operations periodically, obtain such reports from departments and agencies as it deems necessay, and report to the President as appropriate on overall progress. The Commission will consult from time to time with such individuals, groups, or organizations as may be of assistance in improving the Federal program and realizing the objective of this Order.

SEC. 4. The Civil Service Commission shall provide for the prompt, fair, and impartial consideration of all complaints of discrimination in Federal employment on the basis of race, color, religion, sex, or national origin. Agency systems shall provide access to counseling for employees who feel aggrieved and shall encourage the resolution of employee problems on an informal basis. Procedures for the consideration of complaints shall include at least one impartial review within the executive department or agency and shall provide for appeal to the Civil Service Commission.

SEC. 5. The Civil Service Commission shall issue such regulations, orders, and instructions as it deems necessary and appropriate to carry out this Order and assure that the executive branch of the Government leads the way as an equal opportunity employer, and the head of each executive department and agency shall comply with the regulations, orders, and instructions issued by the Commission under this Order.

SEC. 6. This Order applies (a) to military departments as defined in section 102 of title 5, United States Code, and executive agencies (other than the General Accounting Office) as defined in section 105 of title 5, United States Code, and to the employees thereof (including employees paid from nonappropriated funds), and (b) to those portions of the legislative and judicial branches of the Federal Government and of the Government of the District of Columbia having positions in the competitive service and to the employees in those positions. This Order does not apply to aliens employed outside the limits of the United States. SEC. 7. Part I of Executive Order No. 11246 of September 24, 1965, and those parts of Executive Order No. 11375 of October 13, 1967, which apply to Federal employment, are hereby superseded.

RICHARD NIXON.

THE WHITE HOUSE,

August 8, 1969.

ATTACHMENT 2

UNITED STATES OF AMERICA FEDERAL POWER COMMISSION

Administrative Order No. 131

EQUAL EMPLOYMENT OPPORTUNITY

(January 26, 1970)

Before Commissioners: John N. Nassikas, Chairman; Lawrence J. O'Connor, Jr., Carl E. Bagge, John A. Carver, Jr., and Albert B. Brooke, Jr.

1. Purpose and Scope. The purpose of this order is to establish Commission policies and procedures, pursuant to and in accordance with the laws of the United States, the implementing orders of the President, and the regulations of the Civil Service Commission, designed to ensure equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex, national origin, marital status, physical handicap, or political affiliation. Applicants for Commission employment and Commission employees shall not be subjected in any manner, directly or indirectly, to discrimination in selection for appointment, in training, in position changes, in promotion, in termination of service, or in respect to any other terms or conditions of employment, because of, or on the basis of, race, color, religion, sex, national origin, marital status, physical handicap with respect to any position the duties of which may be performed efficiently by a person with the physical handicap, or political affiliations.

2. Supersession and Effective Date. This order supersedes Administrative Order No. 120, dated May 3, 1966, and shall be effective on date of issuance.

3. Federal Power Commission Program. In order to promote equal opportunity for all qualified persons in all aspects of its employment policies and practices, the Commission adopts the following program:

A. A continuing campaign to eradicate every form of prejudice or discrimination based upon race, religion, color, sex, marital status, political affiliation, physical handicap, or national origin from the personnel policies and practices and the working conditions of the Commission, including disciplinary action against employees who engage in discriminatory practices, and development and adoption of plans, procedures, and regulations necessary to achieve this goal.

B. Review, evaluation, and control of managerial and supervisory performance to ensure continuing affirmative application and vigorous enforcement of the Commission's policy and program of equal opportunity, and provide orientation, training, and advice to managers and supervisors to assure their understanding and implementation of the equal employment opportunity policy and program.

C. Utilize to the fullest extent the present skills of employees, including the redesigning of jobs where feasible to that tasks not requiring the full utilization of skills of incumbents are concentrated in jobs (which can be performed by employees) with lower skill qualifications.

D. Provide the maximum feasible opportunity to employees to enhance their skills through on-the-job training, work-study programs, and other training measures so that they may perform at their highest potential and advance in accordance with their abilities.

E. Inform applicants for Commission employment, Commission employees, and recognized employee organizations of the Commission's affirmative equal employment opportunity policy and program and enlist their cooperation and support. Each employee shall be provided with a copy of all FPC regulations issued to implement this program and will be kept advised of the names and locations of the Director of Equal Employment Opportunity, the Equal Employment Opportunity Officer, and the Equal Employment Opportunity Counselors designated by the Commission.

F. Provide for the prompt, fair, impartial, and considerate review and disposition of complaints involving issues of discrimination.

G. Participate, where feasible and possible, at the community level with other employers, schools, and other public and private groups in cooperative action to improve employment opportunities and community conditions that affect employability.

H. With respect to minority groups and women:

(1) Reappraise job structure and employment practices and adopt positive and special recruitment, training, job design, and other measures needed in order to ensure genuine equality of opportunity for members of minority groups and for women to participate fully in all organizational units, occupations, and levels of responsibility in the Commission.

(2) Communicate the Commission's equal employment opportunity program and its employment needs to all sources of job candidates on a continuing basis.

I. Provide recognition to employees, supervisors, and organizational units demonstrating superior accomplishment in equal employment opportunity.

J. Periodically evaluate the effectiveness of the Commission's overall equal employment opportunity program.

4. Equal Employment-Specific Prohibitions.

A. Appointment and Position Changes. An appointing or selecting officer of the Commission shall not discriminate: (1) because of marital status or for political reasons, except when required by statute or (2) because of race, color, religion, or national origin, or (3) for physical handicap with respect to any position the duties of which may be performed efficiently by a person with the physical handicap, or (4) except as provided in paragraph (B) of this section, because of a person's sex in determining the merit and fitness of a person for a competitive appointment or appointment by noncompetitive action to a position in the competitive service.

B. Restriction of Consideration to One Sex. Except in unusual circumstances when the Civil Service Commission finds the action justified, an appointing or selecting officer of the Commission may not restrict his consideration of eligible candidates for competitive appointment or appointment by noncompetitive action to a position in the competitive service to one sex.

C. Training. Except in unusual circumstances and when the Civil Service Commission finds the action justified, there shall be no discrimination against or restriction of consideration of candidates because of sex in selection for training under Part 410 of the Civil Service Regulations.

D. Reduction in Force. Except for those positions for which the Civil Service Commission has found restrictions of certification of eligibles by sex to be justified, sex shall not be used as a basis of assigning the incumbent of a position to a competitive level under Part 351 of the Civil Service Regulations, or considered as a factor in determining an employee's qualification for a position under Part 351 of the Civil Service Regulations.

E. Adverse Actions. Except when required by statute, the Federal Power Commission shall not take adverse action against an employee covered by Part 752 of the Civil Service Regulations, or effect the termination of a probationer under Part 315 of the Civil Service Regulations:

(1) Because of marital status;

(2) For political reasons;

(3) Based on discrimination because of race, color, religion, sex, national origin, or for physical handicap with respect to any position the duties of which may be efficiently performed by a person with the physical handicap. 5. Designation and Duties of Director of Equal Employment Opportunity, Equal Employment Opportunity Officer, and Equal Employment Opportunity Counselors. A. Director of Equal Employment Opportunity. The Executive Director is hereby designated to serve as the Commission's Director of Equal Employment Opportunity, and in this capacity shall be directly responsible to the Chairman and shall:

(1) Advise the Chairman with respect to the preparation of plans, procedures, regulations, reports, and other matters pertaining to the Commission's Equal Employment Opportunity Program.

(2) Evaluate once a year, or more frequently if requested by the Chairman or the Commission, the Commission's program for equal employment opportunity and report thereon to the Chairman. This report may include recommendations for needed improvements or corrections, including remedial or disciplinary action with respect to managerial or supervisory employees who have failed in their responsibilities.

(3) Make changes in other personnel programs and procedures in order to eliminate discriminatory practices and improve the Commission's program for equal employment opportunity.

(4) Provide for counseling, by an Equal Employment Opportunity Counselor, of any aggrieved employee or applicant for employment who believes that he has been discriminated against on any basis prescribed by Commission policy.

(5) Provide for the receipt, investigation, and disposition of general allegations by organizations or other third parties of discrimination in personnel matters within the agency which are unrelated to an individual complaint of discrimination.

(6) In regard to expeditious processing:

(a) receive, investigate and process complaints of discrimination in personnel matters within the Commission.