Executive Order No. 10925 establishing the President's Committee on Equal Employment Opportunity

(a) The Vice President of the United which should be taken by executive, de- ing, demotion or transfer; recruitment States, who is hereby designated Chair- partments and agencies to realize more or recruitment advertising; layoff or man of the Committee and who shall fully the national policy of nondiscrimi- termination; rates of pay or other forms preside at meetings of the Committee. for train- nation within the executive branch of of compensation; and selection

(b) The Secretary of Labor, who is the Government. ing, including apprenticeship. The con- hereby designated Vice Chairman of the tractor agrees to post in conspicuous Committee and who shall act as Chair- SEC. 202. All executive departments places, available to employees and ap- man in the absence of the Chairman. and agencies are directed to initiate plicants for employment, notices to be The Vice Chairman shall have general forthwith studies of current government provided by the contracting officer set- supervision and direction of the work of employment practices within their re- ting forth the provisions of this non- the Committee and of the execution and sponsibility. The studies shall be in such discrimination clause. implementation of the policies and pur- "(2) The contractor will, in all solici- form as the Committee may prescribe poses of this order. include statistics on current tations or advertisements for employees

(c) The Chairman of the Atomic En- and shall placed by or-on behalf of the contractor, ergy Commission, the Secretary of Com- employment patterns, a review of cur- 1977 1978 THE PRESIDENT state that all qualified applicants will Compliance Reports shall be filed within (b) for standard commercial supplies or raw materials; or (c) involving less than receive consideration for employment such times and shall contain such infor- without regard to race, creed, color, or mation as to the practices, policies, pro- specified amounts of money or specified national origin. grams, and employment statistics of the numbers of workers. "(3) The contractor will send to each contractor and each subcontractor, and SUBPART B-LABOR UNIONS AND REPRESENT- labor union or representative of work- shall be in such form, as the Committee ATIVES OF WORKERS ers with which he has a collective bar- may prescribe. SEC. 304. The Committee shall use gaining agreement or other contract or (b) Bidders or prospective contractors its best efforts, directly and through understanding, a notice, to be provided or subcontractors may be required to contracting agencies, contractors, state by the igency contracting officer, advis- state whether they have participated in and local officials and public and private ing the said labor union or workers' any previous contract subject to the pro- agencies, and all other available instru- representative of the contractor's com- visions of this order, and in that event to mentalities, to -cause any labor union, mitments under this section, and shall submit, on behalf of themselves and recruiting agency or other representative post copies of the notice in conspicuous their proposed subcontractors, Compli- of workers who is or may be engaged in places available to employees and ap- ance Reports prior to or as an initial work under government contracts to co- plicants for employment. part of their bid or negotiation of a operate with, and to comply in the im- "(4) The contractor will comply with contract. plementation of, the purposes of this. all provisions of Executive Order No. (c) Whenever the contractor or sub- order. 10925 of March 6, 1961, and of the rules, contractor has a collective bargaining regulations, and relevant orders of the agreement or other contract or under- SEC. 305. The Committee may, to ef- President's Committee on ]Equal Em- standing with a labor union or other fectuate the purposes of section 304 of ployment Opportunity created thereby. representative of workers, the Compli- this order, hold hearings, public or pri- "(5) The contractor will furnish all ance Report shall include such infor- vate, with respect to the practices and information and reports required by mation as to the labor union's or other policies of any such labor organization. Executive Order No. 10925 of March 6, representative's practices and policies It shall from time to time submit special 1961, and by the rules, regulations, and affecting compliance as the Committee reports to the President concerning dis- orders of the said Committee, or pur- may prescribe: Provided, that to the criminatory practices and policies of any suant thereto, and will permit access to extent such information is within the such labor organization, and may recom- his books, records, and accounts by the exclusive possession of a labor union or mend remedial action if, in its judgment, contracting agency and the Committee other workers' representative and the such action Is necessary or appropriate. for purposes of investigation to ascertain labor union or representative shall refuse It may also notify any Federal, state, or compliance with such rules, regulations, to furnish such information to the con- local agency of its conclusions and rec- and orders. tractor, the contractor shall so certify ommendations with respect to any such "(6) In the event of the contractor's to the contracting agency as part of its labor organization which in its judg- non-compliance with the nondiscrimi- Compliance Report and shall set forth ment has failed to cooperate with the nation clauses of this contract or with what efforts he has made to obtain such Committee, contracting agencies, con- any of the said rules, regulations, or or- information. tractors, or subcontractors in carrying ders, this contract may be cancelled in (d) The Committee may direct that out the purposes of this order. whole or in part and the contractor may' any bidder or prospective contractor be declared ineligible for further gov- or subcontractor shall, submit, as part SUBPART C-POWERS AND DUTIES OF THE ernment contracts in accordance with of his Compliance Report, a statement PRESIDENT'S COMMITTEE ON EQUAL EM- procedures authorized in Executive Or- in writing, signed by an authorized PLOYMENT OPPORTUNITY AND OF CON- der No. 10925 of March 6, 1961, and such officer or agent of any labor union or TRACTING AGENCIES 'ther sanctions may be imposed and other workers' representative with which SEC. 306. The Committee shall adopt remedies invoked as provided in the said the bidder or prospective contractor such rules and regulations and issue such Executive order or by rule, regulation, deals, together with supporting infor- orders as it deems necessary and appro- or order of the President's Committee on mation, to the effect that the said labor priate to achieve the purposes of this Equal Employment Opportunity, or as union's or representative's practices and order, including the purposes of Part II otherwise provided by law. policies do not discriminate on the hereof relating to discrimination in gov- "(7) The contractor will include the grounds of race, color, creed, or national ernment employment. provisions of the foregoing paragraphs origin, and that the labor union or rep- (1) through (6) in every subcontract or resentative either will affirmatively co- SEC. 307. Each contracting agency purchase order unless exempted by rules, operate, within the limits of his legal shall be primarily responsible for obtain- regulations, or orders of the President's and contractual authority, in the imple- ing compliance with the rules, regula- Committee on Equal Employment Op- mentation of the policy and provisions tions, and orders of the Committee with portunity issued pursuant to section 303 of this order or that it consents and respect to contracts entered into by such of Executive Order No. 10925 of March agrees that recruitment, employment, agency or its contractors, or affecting 6, 1961, so that such provisions will be and the terms and conditions of employ- its own employment practices. All con- binding upon each subcontractor or ment under the proposed contract shall tracting agencies shall comply with the vendor. The contractor will take such be in accordance with the purposes and Committee's rules in discharging their action with respect to any subcontract provisions of the order. In the event primary responsibility for securing or purchase order as the contracting that the union or representative shall compliance with the provisions of con- agency may direct as a means of en- refuse to execute such a statement, the tracts and otherwise with the terms of forcing such provisions, including sanc- Compliance Report shall so certify and this Executive order and of the rules, tions for non-compliance: Provided, set forth what efforts have been made regulations, and orders of the Committee however, that in the event the contrac- to secure such a statement. pursuant hereto. They are directed to tor becomes involved in, or is threatened cooperate with the Committee, and to SEC. 303. The Committee may, when furnish the Committee such informa- with, litigation with a subcontractor or special circumstances In vendor as a result of such direction by It deems that tion and assistance as it may require in the contracting agency, the contractor the national interest so require, exempt the performance of Its functions under may request the United States to enter a contracting agency from the require- this order. They are further directed to into such litigation to protect the inter- ment of Including the provisions of sec- appoint or designate, from among the ests of the United States." tion 301 of this order in any specific agency's personnel, compliance officers. contract, subcontract, or purchase order. It shall be the duty of such officers to SEC. 302. (a) Each contractor having The Committee may, by rule or regula- seek compliance with the objectives of a contract containing the provisions pre- tion, also exempt certain classes of con- scribed in section 301 shall file, and shall tracts, subcontracts, or purchase orders this order by conference, conciliation, mediation, or persuasion. cause each of its subcontractors to file, (a) where work is to be or has been Compliance Reports with the contracting performed outside the United States and SEC. 308. The Committee Is authorized agency, which will be subject to review no recruitment of workers within the to delegate to any officer, agency, or em- by the Committee upon Its request. limits of the United States is involved; ployee in the executive branch of the Wednesday, March 8, 1961 FEDERAL REGISTER Government any function of the Com- uals or groups who prevent directly or SUBPART E--CERTIFICATES OF MERIT mittee under this order, except the au- indirectly, or seek to prevent directly or SEC. 316. The Committee may provide thority to promulgate rules and regula- indirectly, compliance with the aforesaid for issuance of a United States Govern- tions of a general nature. provisions. ment Certificate of Merit to employers (c) Recommend to the Department of or employee organizations which are or SEC. 309. (a) The Committee may it- Justice that criminal proceedings be self investigate the employment prac- may hereafter be engaged in work un- brought for the furnishing of false in- der government contracts, if the Com- tices of any government contractor or formation to any contracting agency or subcontractor, or initiate such investiga- mittee is satisfied that the personnel to the Committee. as the case may be. and employment practices of the em- tion by the appropriate contracting (d) Terminate, or cause to be termi- agency or through the Secretary of ployer, or that the personnel, training, nated, any contract, or any portion or apprenticeship, membership, grievance Labor, to determine whether or not the portions thereof, for failure of the con- contractual provisions specified in sec- and representation, upgrading and other tractor or subcontractor to comply with practices and policies of the employee tion 301 of this order have been violated. the nondiscrimination provisions of the Such investigation shall be conducted organization, conform to the purposes contract. Contracts may be terminated and provisions of this order. in accordance with the procedures es- absolutely or continuance of contracts tablished by the Commitee, and the in- may be conditioned upon a program for SEC. 317. Any Certificate of Merit vestigating agency shall report to future compliance approved by the con- may at any time be suspended or re- the Committee any action taken or tracting agency. voked by the Committee if the holder recommended. (e) Provide that any contracting thereof, in the judgment of the Com- (b) The Committee may receive and agency shall refrain from entering into mittee, has failed to comply with the cause to be investigated complaints by further contracts, or extensions or other provisions of this order. employees or prospective employees of modifications of existing contracts, with SEC. 318. The Committee may provide a government contractor or subcontrac- any non-complying contractor, until tor which allege discrimination contrary for the exemption of any employer or such contractor has satisfied the Com- employee organization from any require- to the contractual provisions specified in mittee that he has established and will section 301 of this Order. The appro- ment for furnishing information as to carry out personnel and employment compliance if such employer or employee priate contracting agency or the Secre- policies in compliance with the provi- tary of Labor, as the case may be, shall organization has been awarded a Certifi- sions of this order. cate of Merit which has not been sus- report to the Committee what action has (f) Under rules and regulations pre- pended or revoked. been taken or is recommended with re- scribed by the committee, each contract- gard to such complaints. ing agency shall make reasonable efforts PART IV-MISCELLANEOUS SEC. 310. (a) The Committee, or any within a reasonable time limitation to SECTION 401. Each contracting agency agency or officer of the United States secure compliance with the contract pro- (except the Department of Justice) shall designated by rule, regulation, or order visions of this order by methods of con- defray such necessary expenses of the of the Committee, may hold such hear- ference, conciliation, mediation, and per-Committee as may be authorized by ings, public or private, as the Committee suasion before proceedings shall be in- law, including section 214 of the Act of may deem advisable for compliance, en- stituted under paragraph (b) of this May 3, 1945, 59 Stat. 134 (31 U.S.C. 691) : forcement, or educational purposes. section, or before a contract shall be Provided, that no agency shall supply (b) The Committee may hold, or cause terminated in whole or in part under more than fifty per cent of the funds to be held, hearings in accordance with paragraph (d) of this section for failure necessary to carry out the purposes of subsection (a) of this section prior to of a contractor or subcontractor to com- this order. The Department of Labor imposing, ordering, or recommending the ply with the contract provisions of this shall provide necessary space and facili- imposition of penalties and sanctions order. ties for the Committee. In the case of under this order, except that no order SEC. 313. Any contracting agendy tak- the Department of Justice, the contribu- for debarment of any contractor from ing any action authorized by this sec- tion shall be limited to furnishing legal further government contracts shall be tion, whether on its own motion, or as services. made without a hearing. directed by the Committee, or under the SEC. 402, This order shall become SEC. 311. The Committee shall en- Committee's rules and regulations, shall effective thirty days after Its execution, courage the furtherance of an educa- promptly notify the Committee of such The General Services Administration tional program by employer, labor, civic, action or reasons for not acting. Where shall take appropriate action to revise educational, religious, and other non- the Committee itself makes a determina- the standard Government contract governmental groups in order to elimi- tion under this section, It shall promptly forms to accord with the provisions of nate or reduce the basic causes of dis- notify the appropriate contracting this order and of the rules and regula- crimination in employment on the agency of the action recommended. The tions of the Committee. ground of race, creed, color, or national agency shall take such action and shall SEC. 403. Executive Order No. 10479 of origin. report the results thereof to the Commit- August 13, 1953 (18 F.R. 4899), together tee within such time as the Committee SUBPART D-SANCTIONS AND PENALTIES shall provide. with Executive Orders Nos. 10482 of SEC. 312. In accordance with such August 15, 1953 (18 F.R. 4944), and 10733 rules, regulations or orders as the Com- SEC. 314. If the Committee sliall so of October 10, 1957 (22 F.R. 8135), mittee may issue or adopt, the Commit- direct, contracting agencies shall not amending that order, and Executive enter into contracts with any bidder or Order No. 10557 of September 3, 1954 tee or the appropriate contracting agency may: prospective contractor unless the bidder (19 F.R. 5655), are hereby revoked, and (a) Publish, or cause to be published, or prospective contractor has satisfac- the Government Contract Committee the names of contractors or unions torily complied with the provisions of established by Executive Order No. which it has concluded have complied or this order or submits a program for 10479 is abolished. All records and prop- have failed to comply with the provisions compliance acceptable to the Committee erty of or in the custody of the said of this order or of the rules, regulations, or, if the Committee so authorizes, to Committee are hereby transferred to the and orders of the Committee. the contracting agency. President's Committee on Equal Employ- (b) Recommend to the Department of SEC. 315. Whenever a contracting ment Opportunity, which shall wind up Justice that, in cases where there is sub- agency terminates a contract, or when- the outstanding affairs of the Govern- stantial or material violation or the ever a contractor has been debarred threat of substantial or material viola- from further government contracts, be- ment Contract Committee. tion of the contractual provisions set cause of noncompliance with the con- JOHN F. KENNEDY forth in section 301 of this order, ap- tractor provisions with regard to non- THE WHITE HOUSE, propriate proceedings be brought to en- discrimination, the Committee, or the force those provisions, including the en- contracting agency involved, shall March 6,1961. joining, within the limitations of promptly notify the Comptroller Gen- [F.R. Doc. 61-2093; Filed, Mar. 7, 1961; applicable law, of organizations, individ- eral of the United States. 10:06 a.m.]