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among the compliance agencies is the fact that a mul

tiplicity of congressional appropriations subcommittees

with varying program priorities are involved.


problem of imbalances in resources and enforcement

capability of the various compliance agencies will be

eliminated by the merger and success in maintaining an

adequate overall level in the future should be even

more assured with the involvement of a single appro

priations subconmittee in the House of Representatives

and in the Senate, each of which has employment re

lated programs as a major priority.

The Task Force foresees no major or frequent

confrontations arising from the use of legitimate

contract sanctions in view of its perception that the

procurement system institutionally accepts and ad

ministers EEO compliance decisions in the same manner

as it does determinations regarding the responsiveness

and the responsibility of contractors and prospective

contractors with respect to other contract conditions.

The Task Force finds that EEO compliance and enforce

ment under the Executive Order Program tend to be more

successful under those present structural arrangements

in which the compliance agency and the contracting

agency are separate entities or in other situations

in which compliance officials are not burdened with

Further, it should be noted that the Task Force

also recommends, later in this report, that enforce

ment rulings be made by a Federal Contract Compliance

Appeals Board as a "neutral third party" whose deci

sions would constitute final agency action. .

Thus there

would be a minimum degree of agency discretion (if

any at all) in the processes leading to sanction ac

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bility, and in programs covered by title VI of the

Civil Rights Act of 1964.

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were made to upgrade the stature and level of the

Director to the Executive Schedule.

Under Executive

Order 10925 OFCCP's predecessor organization, the President's Committee on Equal Employment Opportunity,

was headed by the Vice President of the United States

who delegated the day-to-day policy and operational

responsibility to the Executive Vice Chairman.


prestige and influence of the Office of the Vice

President was sufficient to afford the Executive Vice

Chairman personal access to corporate heads, labor

union leadership, the leadership of minority rights organizations, and, equally important, to cabinet

officers and senior level officials of the contract

rigid adherence to the Committee's policies, approaches,

and procedures.

After Vice President Johnson assumed

the presidency in November 1973, the then Executive

Vice Chairman of the President's Committee, Hobart

Taylor, Jr., was elevated to the post of Assistant

Counsel to the President from which even greater in

fluence with the industrial, labor union, and civil

rights leadership could be exercised.

With the issuance of Executive Order 11246,

which assigned policy and leadership responsibility

to the Labor Department, it became important for the

Director, OFCCP, to be given the highest possible

stature since the influence of the Office of the

President or Vice President was no longer available.

To assist in assuring that the implementing agencies

would continue to afford the Executive Order Program

a high degree of priority, the regulations issued

under Executive Order 11246 provided that the top

contract compliance official in each implementing

agency was to be at a level at which he/she reported

directly to the cabinet officer or other agency head.

Ironically, for reasons relating to the absence of

responsibility for the total program (both staff and operations) the U.S. Civil Service Commission assigned

the executive schedule.

However, this reduction in

stature was somewhat counterbalanced by the fact that OFCCP was located in the office of the Secretary of

Labor to whom the first Director reported directly.

OFCCP was merged with the Employment Standards

Administration in 1969 with the appointment of

Arthur A. Fletcher, a Black, as Assistant Secretary. .

As announced in an accompanying news release, the

purpose of the merger was to enable OFCCP to take

advantage of ESA's superior support services--planning,

research, personnel management, program evaluation, public relations, etc.--and investigative resources. 1

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Although use of ESA's planning, research, and

program evaluation capability was contemplated by the

merger, adequate support services in those areas have

not been consistently available.

As highlighted in

the succeeding chapters of this report, OFCCP has

consistently lacked certain fundamental tools neces

sary to discharge its responsibilities fully.


these tools are the following:

(1) a data base which

provides sufficient information to permit the

I news, u.s. Department of Labor--11-345, July 22,

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