# Office of Federal Contract Compliance Programs *U.S. Department of Labor office named in the project's claim:link record as the federal regulator of contractor compliance.* The **Office of Federal Contract Compliance Programs** (OFCCP) is the Department of Labor office that three of the project's claim:link rows name as the federal regulator of contractor compliance, under the project's [[Title VII]], [[Title VI]] and 42 U.S.C. §1981 theories.[^1][^2][^3] The Title VII row describes it as "the federal compliance regulator MN agencies certified to for two decades".[^1] The other two rows call it the "federal contracting compliance regulator" and the office for "federal contractor compliance".[^2][^3] The record assembled here does not include the certifications, their dates, or the [[Minnesota]] agencies that made them. The two-decade figure therefore rests on the claim row alone and is not independently established. The presidential instruments in the record document how federal contractor compliance came to sit with the Secretary of Labor. [[Executive Order 10925]], signed by President John F. Kennedy on March 6, 1961, required a nondiscrimination clause in government contracts. It created the President's Committee on Equal Employment Opportunity, chaired by the [[Vice President of the United States]] with the Secretary of Labor as vice chairman.[^4] On September 24, 1965, the Vice President recommended that contractor-compliance responsibility "be vested directly in the Department of Labor".[^5] The Vice President at that time was [[Hubert Humphrey]] of Minnesota.[^6] The same day, President Lyndon B. Johnson signed [[Executive Order 11246]]. That order made the Secretary of Labor responsible for administering and enforcing its contractor provisions and abolished the Committee.[^5][^7] None of the sources cited here names the OFCCP in connection with these orders, so the record does not itself establish the office's link to Executive Order 11246. The orders state their own purposes, and the record also shows what they produced. The 1961 order called equal opportunity on government contracts "the plain and positive obligation of the United States Government". It then put that obligation into contract clauses, Compliance Reports, investigation powers and sanctions that extended to contract termination and debarment.[^4] The 1965 recommendation predicted that consolidation would "result in substantial savings". The record carries no figure for those savings, and no count of investigations, cancellations or debarments under either order.[^5][^7] ## Who Under Executive Order 10925, the Vice President chaired the Committee. The Secretary of Labor, as vice chairman, held "general supervision and direction of the work of the Committee". The other members included the Attorney General, the Secretary of Defense, the Secretary of Commerce and the Administrator of General Services.[^4] [[Executive Order 11197]] of February 5, 1965 created the [[President's Council on Equal Opportunity]], also chaired by the Vice President. Its members included the Secretary of Labor and the Chairman of the President's Committee on Equal Employment Opportunity.[^8] Humphrey represented Minnesota in the Senate from 1949 to 1964 and served as vice president from 1965 to 1969, according to the Senate Historical Office. He returned to the Senate in 1971. He was floor manager for the [[Civil Rights Act of 1964]] and worked with his Republican counterpart, Thomas Kuchel, to pass it.[^6] In the 1964 election, Johnson [D] and Humphrey each received 486 electoral votes, including Minnesota's 10.[^9] In his September 1965 memorandum, the Vice President wrote that he had served "As Chairman of that Committee".[^5] Under Executive Order 11246, the Secretary of Labor holds responsibility for "the administration and enforcement of Parts II and III of this Order" (§201). Under §401, the Secretary may delegate any of those functions to another officer, agency or employee in the executive branch.[^7] ## What The 1961 contract clause reads: "The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[^4] This is the [[Affirmative action]] obligation as the instrument first states it for contractors. Executive Order 11246, as codified, requires contractors not to discriminate "because of race, color, religion, sex, or national origin". It also carries the same affirmative-action undertaking.[^7] The Codification records that §202 was amended by [[Executive Order 11375]] of October 13, 1967 and by Executive Order 12086 of October 5, 1978. It does not state which amendment added the codified bases that the 1961 order did not name.[^7] Part III of Executive Order 11246 extends the clause to federally assisted construction contracts. Any applicant for federal assistance must incorporate the clause and cooperate with the Secretary of Labor on compliance.[^7] Also on September 24, 1965, Johnson signed [[Executive Order 11247]], which provided for coordination by the Attorney General of enforcement of Title VI of the Civil Rights Act of 1964.[^5] ## When - March 6, 1961: Executive Order 10925 signed. It took effect thirty days after execution.[^4] - 1964: Johnson and Humphrey were elected with 486 electoral votes each.[^9] - February 5, 1965: Executive Order 11197 established the President's Council on Equal Opportunity.[^8] - September 24, 1965: The Vice President's reassignment memorandum and Johnson's concurrence were issued. Executive Orders 11246 (30 FR 12319, 12935) and 11247 were signed.[^5][^7] - October 13, 1967: Executive Order 11375 amended §§202–203 of Executive Order 11246.[^7] - August 8, 1969: Executive Order 11478 superseded Part I of Executive Order 11246.[^7] - October 5, 1978: Executive Order 12086 amended §201 and other sections of Executive Order 11246.[^7] - December 28, 1978: Executive Order 12107 amended §403.[^7] Section 403 of Executive Order 11246 superseded Executive Orders 10590, 10722, 10925, 11114 and 11162.[^7] The Codification dates Executive Order 10590 January 19, 1955, while the text of Executive Order 10925 gives January 18, 1955.[^7][^4] The cited sources do not name the presidents who signed the 1969 and 1978 instruments.[^7] ## Why The 1961 preamble says a review of existing orders and procedures had found "an urgent need for expansion and strengthening of efforts to promote full equality of employment opportunity". It concluded that a single committee should carry that responsibility.[^4] In February 1965, Executive Order 11197 cited a need "for a single body to review and assist in coordinating" federal civil-rights activity.[^8] Seven months later, the Vice President's memorandum argued that interagency bodies "would now only diffuse responsibility". It stated that "the reasons for creating the Council no longer exist", recommended terminating the Council, and recommended moving the Committee's functions to existing agencies.[^5] Johnson replied, "I concur in your recommendations to streamline and strengthen the civil rights effort of this Administration."[^5] ## How Under both orders, contractors had to file Compliance Reports and could be investigated on complaint or on the government's own initiative.[^4][^7] Executive Order 11246 lets the Secretary of Labor take several kinds of action: - publish the names of complying and non-complying contractors; - recommend that the Department of Justice bring proceedings; - recommend proceedings under Title VII of the Civil Rights Act of 1964; - direct contracting agencies to cancel, terminate or suspend contracts; - bar agencies from further contracts with a non-complying contractor (§209).[^7] Before proceedings or cancellation, the Secretary must seek compliance by "conference, conciliation, mediation, and persuasion". No debarment may be ordered without an opportunity for a hearing (§208(b)).[^7] If a contracting agency fails to act within thirty days of a directive, the Secretary may act directly (§210).[^7] Under §404, the General Services Administration was to revise standard contract forms to match the order.[^7] Under the 1961 order, the Department of Labor provided space and facilities for the Committee (§401).[^4] ## In the Minnesota record ### Who - Hubert Humphrey of Minnesota was vice president from 1965 to 1969. As vice president, he chaired the Committee and the Council and wrote the September 1965 memorandum recommending that contractor compliance move to the Department of Labor.[^4][^5][^6][^8] ### What - Claim row CL-Theory1TitleVIIDisparate-18 states that Minnesota agencies certified to the OFCCP for two decades. The record does not include those certifications.[^1] - Claim rows CL-Theory2TitleVIRaceDiscri-85 and CL-Theory542USC1981EqualRig-39 name the office as the federal contractor-compliance regulator.[^2][^3] ### When - The reassignment of contractor compliance to the Department of Labor is dated September 24, 1965, during Humphrey's vice presidency.[^5][^6] ## Notes [^1]: U.S. Department of Labor, *Office of Federal Contract Compliance Programs* (agency page, undated) — cited by project claim:link row CL-Theory1TitleVIIDisparate-18 (Theory 1, Title VII) for its statement that Minnesota agencies certified to the OFCCP. https://www.dol.gov/agencies/ofccp [^2]: U.S. Department of Labor, *Office of Federal Contract Compliance Programs* (agency page, undated) — cited by project claim:link row CL-Theory2TitleVIRaceDiscri-85 (Theory 2, Title VI). https://www.dol.gov/agencies/ofccp [^3]: U.S. Department of Labor, *Office of Federal Contract Compliance Programs* (agency page, undated) — cited by project claim:link row CL-Theory542USC1981EqualRig-39 (Theory 5, 42 U.S.C. §1981). https://www.dol.gov/agencies/ofccp [^4]: President John F. Kennedy, *Executive Order 10925—Establishing the President's Committee on Equal Employment Opportunity* (March 6, 1961), via The American Presidency Project — text of the order, its preamble, contract clause, Committee composition, enforcement and sanctions. https://www.presidency.ucsb.edu/documents/executive-order-10925-establishing-the-presidents-committee-equal-employment-opportunity [^5]: President Lyndon B. Johnson, *Memorandum on Reassignment of Civil Rights Functions* (September 24, 1965), via The American Presidency Project — the Vice President's recommendations, Johnson's concurrence, and the signing of Executive Orders 11246 and 11247. https://www.presidency.ucsb.edu/documents/memorandum-reassignment-civil-rights-functions [^6]: U.S. Senate Historical Office, *Hubert Humphrey: A Featured Biography* (undated) — Humphrey's Senate and vice-presidential terms and his role as floor manager of the Civil Rights Act of 1964. https://www.senate.gov/senators/FeaturedBios/Featured_Bio_HumphreyHubert.htm [^7]: National Archives, Office of the Federal Register, *Executive Order 11246—Equal employment opportunity* (Codification; order of September 24, 1965, 30 FR 12319, 12935) — codified text with amendment and supersession notes. https://www.archives.gov/federal-register/codification/executive-order/11246.html [^8]: President Lyndon B. Johnson, *Executive Order 11197—Establishing the President's Council on Equal Opportunity* (February 5, 1965), via The American Presidency Project — the Council's establishment, membership and functions. https://www.presidency.ucsb.edu/documents/executive-order-11197-establishing-the-presidents-council-equal-opportunity [^9]: National Archives, Office of the Federal Register, *1964 Electoral College Results* (undated) — 486 electoral votes for Johnson and for Humphrey, including Minnesota's 10. https://www.archives.gov/electoral-college/1964