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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. .
would be a minimum degree of agency discretion (if
any at all) in the processes leading to sanction ac
bility, and in programs covered by title VI of the
Civil Rights Act of 1964.
were made to upgrade the stature and level of the
Director to the Executive Schedule.
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,
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
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,