DEAR MR. DULLES:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A000700050007-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: November 11, 2016
• Document Release Date: December 1, 1998
• Sequence Number: 7
• Publication Date: October 5, 1953
• Content Type: LETTER

Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
TAB
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
C
0
p
y
TKE PRESIDENT'S COMITTEE ON
GOVERNMENT CONTRACTS
Washington 25, D. C.
October 5, 1953
The Honorable
Allen W. Dulles
Director
Central Intelligence Agency
2.30 E Street, N. W.
Washington, D. C.
As you may know, I am currently serving as Chairman of the
Government Contract Committee established by the President under the
provisions of Executive Order 10479. A copy of this Executive Order
and a copy of a letter which I recently received from the President
are enclosed.
I am certain that you mast share my desire to cooperate to the
maximum extent in implementing the President's non-discrimination
policy. You will note that in Section 2 of the aforementioned Execu-
tive Order, the head of each contracting agency is directed to take
appropriate measures, including but not limited to the establishment
of compliance procedures, in carrying out his responsibility for obtain-
ing compliance with the non-discrimination provisions of contracts exe-
cuted by his agency,
In order that the work of the Committee may be most effectively
advanced, I would appreciate your advising me at your earliest conven-
ience, the measures contemplated by you to comply with the Government's
non-discrimination policy. We are particularly interested in being in-
formed of compliance machinery currently in effect or being instituted
to enforce the non-discrimination clause in your contracts.
If you should desire to confer on this matter with the Committee
staff, Ni', Jacob Seidenberg, Executive Director, is available. Mr.
Seidenberg may be reached at Executive 3-2420, extension 1570.
We look forward to hearing from you.
Sincerely yours,
/s/ Richard Nixon
Richard M. Nixon
Chairman
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
The Vice President today read the
following letter from the President
of the United States at the first meeting
of the President's Committee on
Government Contracts:
I am delighted that you will be able to serve as Chairman of the President's
Committee on Government Contracts. Your talents, experience and dedication
and those of your new colleagues, will assure the success of this important
project.
You know the purpose of the Committee: the Executive Order which I have
issued fully describes its official assignment. To that Order, however,
I should like to add two observations:
First: I want to emphasize the broad significance of your Committee's
activities. We as a nation proudly profess our determination to support
everywhere the values of democracy and to combat courageously all threats
to them. We know, however, that there are those in the world who doubt
our fidelity to the ideal of human brotherhood. Both as answer to that
doubt and proof of our own faith, we are called to practice the principles
of equality that we preach.
Second: I want to reiterate that the establishment of this Committee
does not relieve the operating officials of the Executive Branch of the
Government of their own very solemn responsibilities in this field. I
have asked the members of the Cabinet and the heads of the independent
agencies to send to all officials with procurement responsibilities a copy
of our new Executive Order and to explain that they will be expected to
take the initiative in giving daily meaning to the Government's non-dis-
crimination policy.
On no level of our national existence can inequality be justified. Within
the Federal Government itself, however, tolerance of inequality would
be odious. What we cherish as an ideal for our nation as a whole must
today be honestly exemplified by the Federal establishment,
I know that you and your Committee share this resolute purpose. I know
that you will succeed in achieving it.
Sincerly,
(Sgd) DWIGHT D. EISENHOWER"
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
c I EKFCUTIVE ORDER
0
p
y
ESTABLISHING ATE GOVERMENT #10479
CONTRACT CONNITTEE
WHEREAS it is in the interest of the Nation's economy and security to
promote the fullest utilization of all available manpower; and
WHEREAS it is the policy of the United States Government to promote
equal employment opportunity for all qualified persons employed or seeking
employment on government contracts because such persons are entitled to
fair and equitable treatment in all aspects of employment on work paid for
from public funds; and
HEL SAS it is the obligation of the contracting agencies of the United
States Government and government contractors to insure compliance with, and
successful execution of, the equal employment opportunity program. of the
United States Government; and
WHEREAS existing Executive orders require the government contracting
agencies to include in their contracts a provision obligating the government
contractor not to discriminate against any employee or applicant for employ-
ment because of race, creed, color, or national origin and obligating the
government contract to include a similar provision in all subcontracts; and
W=AS a review and analysis of existing practices and procedures of
Government contracting agencies show that the practices and procedures re-
lating to compliance with the nondiscrimination provisions must be revised
and strengthened to eliminate discrimination in all aspects of employment:
NOW, T_ R12ORE, by virtue of the authority vested in me by the Con-
stitution and statutes, and as President of the United States, and pursuant
to the authority conferred by and subject to the provisions of section 214
ai the act of May 3, 1945, 59 Stat. 134, (31 U.S.C. 691), it is ordered as
follows:
Section 1. The head of each contracting agency of the Government of
the United States shall be primarily responsible for obtaining compliance
by any contractor or subcontractor with the said nondiscrimination provisions
of any contract entered into, amended, or modified by his agency and of any
subcontract there-Linder, and shall take appropriate measures to bring about
the said compliance.
Section 2. The head of each contracting agency shall take appropriate
measures, including but not limited to the establishment of compliance pro-
cedures, to carry out the responsibility set forth in section 1 hereof,
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
Executive Order
Page 2
Section 3. There is hereby established the Government Contract
Committee, hereinafter referred to as the Committee. The Committee shall
be composed of fourteen members as follows:
(a) One representative of the following-named agencies
to be designated by the respective heads of such agencies:
the Atomic Energy Commission, the Department of Commerce, the
Department of Defense, the Department of Justice, the Depart-
ment of Labor, and the General Services Administration.
(b) Eight other members to be appointed by the President,
The Chairman and Vice Chairman shall be designated by the
President.
Section 4. The Committee shall make recommendations to the contract-
ing agencies for improving and making more effective the nondiscrimination
provisions of government contracts. All contracting agencies of the Govern-
ment are directed and authorized to cooperate with the Committee and, to the
extent permitted by law, to furnish the Committee such information and assist-
ance as it may require in the performance of its functions under this order.
The Committee shall establish such rules as may be necessary for the performance of its functions under this order, and shall make annual or semiannual
reports on its progress to the President.
Section 5. The Committee may receive complaints of alleged violations
of the nondiscrimination provisions of government contracts. Complaints re-
ceived shall be transmitted by the Committee to the appropriate contracting
agencies to be processed in accordance with the agencies' procedure for hand-
ling such complaints. Each contracting agency shall report to the Committee
the action taken with respect to all complaints received by the agency, in-
cluding those transmitted by the Committee. The Committee shall review and
analyze the reports submitted to it by the contracting agencies.
Section 6. The Committee shall encourage the furtherance of an educa-
tional program by employer, labor, civic, educational, religious, and other
voluntary non-governmental groups in order to eliminate or reduce the basic
causes and costs of discrimination in employment.
Section 7. The Committee is authorized to establish and maintain co-
operative relationships with agencies of state and local governments, as well
as with non-governmental bodies, to assist in achieving the purposes of this
order.
Section S. The government agencies (except the Department of Justice)
designated in section 3 (a) of this order shall defray such necessary expenses
of the Committee as may be authorized by law, including section 214 of the
act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691); provided that no agency shall
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 CIA-RDP78-04718A000700050007-4
Executive Order
Page 3
supply more than 50% of the funds necessary to carry out the purposes of
this order. The Department of Labor shall provide necessary space and
facilities for the Committee. In the case of the Department of Justice the
contribution shall be limited to the rendering of legal services.
Section 9. Executive Order No. 10308 of December 5, 1951 (16 F.R.
12303) is hereby revoked and the Committee on Government Contract Compliance
established thereby is abolished. All records and property of the said Com-
mittee are transferred to the Government Contract Committee. The latter
Committee shall wind up any outstanding affairs of the abolished Committee.
August 13, 1953.
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
TAB
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
23 October 1953
SUBJECT: Conference with Executive Director of
President's Committee on Government Contracts
1. A meeting was held at the Department of Labor on 22 October 1953
between Mr. Jacob Seidenberg, Executive Director of the President's Committee
on Government Contracts, and Mr. Rucker, Deputy Executive Director, and the
undersigned.
2. We opened the meeting by saying that we had been asked to confer
with Mr. Seidenberg following the suggestion made in the Vice President's
letter of October 5, 1953, and that we were anxious to get the benefit of
the Committee's views in preparing Agency procedures to comply with the
Executive Order.
3. Seidenberg stated very forcefully that the full weight of the Admin-
istration was behind the non-discrimination policy and the work of the Commit-
tee, and that there was no "window dressing" involved. He said the Committee's
work stemmed from the work of the previous committee to some extent; however,
the previous committee had accomplished little because it failed to insist that
each agency establish enforcement machinery of its own. The present Committee,
on the other hand, he said, would require each agency to have enforcement pro-
cedures and the Committee would review these procedures.
Li.. Seidenberg said that the Committee had no direct enforcement authority
of its own, but that its functions were to make certain that each agency estab-
lishes enforcement machinery, to review this machinery, and to advise on carry-
ing out the non-discrimination policy,
5. Throughout the discussion both Seidenberg and Rucker emphasized that
the Administration policy was to put pressure on each agency to devise compli-
ance machinery, but not to coerce the contractors. Enfm cement as far as the
contractors are concerned is to be by persuasion, or the veiled threat of with-
holding future business, rather than by more drastic means which might involve
a court test of the constitutionality of the non-discrimination clause. Spe-
cifically, Seidenberg said that he did not recommend termination of an existing
contract on the grounds of breach of the non-discrimination clause, or even the
requiring of a certificate of compliance at the termination of the contract.
Such a certificate, he said, would be too strong a measure in view of the pen-
alties for making a false certificate to a Government official.
6. -5e then outlined briefly our procurement activity. We said that ap-
proximately 50 per cent of the Agency's purchases, in dollar value, were made
through other agencies of the Government; also, that in numerous instances con-
tractors with the Agency have contracts of much greater size with other
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
Government agencies. We also said that, as we had informed the predecessor
committee, we did not believe that the size of the procurement program of the
Agency justified an inspection and policing staff devoted exclusively to en-
forcing non-discrimination clauses. Seidenberg, after emphasizing that he did
not want to commit himself or the Committee, indicated that he would not expect
us to have such an inspection and policing staff. He then outlined the follow-
ing steps which he thought might constitute compliance with the Presidential
Order (again he emphasized that these were merely suggestions, and that it was
up to each agency to develop its own enforcement machinery):
a. A high official of the Agency be made responsible for all
matters of compliance with non-discrimination clauses, to whom all
complaints would be immediately routed.
b. Instructions be issued that all contract negotiators emphasize
the importance of the non-discrimination clause at pre-contract discus-
sions with the contractor.
c. A letter, signed by a higher official than the contracting
officer, be addressed to the president or other responsible officer
of each contractor, emphasizing the importance of compliance with the
policy.
7. We suggested that if we received any complaints, our first action
would be to notify the Committee and ask them for their advice. Seidenberg
agreed with that, but again emphasized that the Committee would give advice
only.
8. Seidenberg said that there were many state and municipal committees
on non-discrimination, some of which were good and some bad, and that the good
local committees would be extremely helpful in informing an agency wra they or
not a given contractor was, in fact, discriminating. He said his Committee
could give us advice on which committees were reliable.
9. Seidenberg suggested that we should confer with the Atomic Energy
Commission and General Services Administration, as they had had a wide experi-
ence in this field. He also said that the Atomic Energy Commission had employed
a consultant, Joseph Loman, Professor of Sociology at Chicago, when they were
setting up their compliance procedures and regulations.
10. Seidenberg suggested that we should answer the Vice President's letter
by an interim reply, and that the Committee did not expect our Agency to have a
fully worked out set of regulations and procedures on non-discrimination at this
time. He further said that he would be pleased to go over a draft of our regu-
lations and procedures before they were finally adopted and give us any recom-
mendations which he might have on them.
25X1A9a
25X1A9a
Approved For Release 1999/08/27 : CIA- A s s e MeMs
-2-
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
TAB
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
 Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4
CENTRAL INTELLIGENCE AGENCY
WASHINGTON 25, D. C.
OFFICE OF THE DIRECTOR
The Honorable Richard M. Nixon
Vice President of the United States
Washington, D, CO
Dear Mr. Vice President:
This will acknowle e receipt of your letter of October 5, 1953,
concerning the President Executive Order 10479 which sets forth the
Government's non-discrimi tion emploient policy and the responsibili-
ties of each agency in ca ying out 's policy.
As suggested in your 1 tter two members of my staff recently dis-
cussed the whole question at le th with Mr. Seidenberg and Mr. Rucker
who made many helpful sugges ' ns. Regulations and procedures are being
prepared along the lines dis sed.
Of course, all contr is entered into by this Agency contain the
standard government non- scri tort' clause except in instances which
make its use inadvisabl for sec ity considerations.
4b
As soon as I hav reviewed my taff's final recommendations devel-
oped as a result of e above-cited onference, I shall advise you of
the measures we pro se to take in o er to carry out this Agency's
responsibilities un er the President' Executive Order.
Slcerely yours,
Approved For Release 1999/08/27 : CIA-RDP78-04718A000700050007-4