RATIONALE FOR THE EXECUTIVE ORDER

The United States Department of Agriculture has manifestly failed in regards to equal employment opportunity and civil rights for it's employees and the public it is supposed to serve.

It is concluded that a fundamental barrier to meeting the intents of equal employment opportunity (EEO) and civil rights (CR) in the U.S. Department of Agriculture (USDA) are the archaic organizational structures and lines of authority that were established more than one hundred years ago.   The structure and lines of authority prevents EEO and CR from becoming a reality.   EEO and CR policy and direction that go from the President to the Secretary of Agriculture seldom, if ever, become a reality at headquarters, regional offices, ground, and remote stations.

The USDA is sometimes described as a being a "Confederacy of Agencies". Such an organizational structure clearly usurps the President's and the Secretary's ability to carry out policy among the "Confederates". Additionally, each "Confederate" agency has it's own manner in which they achieve the "non-coercive will to conform". Such a concept of control has been applied effectively to "mission oriented" functions. However, almost all, if not all of the "Confederate" agencies do not apply that concept to the functions of EEO and CR. Thus, the USDA has become a conglomeration of chaotic and failed "Confederate" agencies in regards to equal employment opportunity and civil rights.

The absolute power of agency officials at all levels and remote offices to determine the level of EEO and CR has deprived employees of EEO and civil rights; subjects them to demeaning, disrespectful treatment; and allows the creation barriers to their standing and opportunity for advancement. Our citizens who are supposed to receive services from the USDA have not only been treated with disrespect, they have also suffered tremendous economic losses due to biased and differential treatment from USDA agency officials.

With the extensive hierarchical management layers and incoherent lines of authority, it is virtually impossible for any President or Secretary of Agriculture to enforce EEO and CR law, policy, and directives.   It is an out of control situation.   I believe that, if we cannot reform those structures and authorities, we will never attain our goal of fairness and respect in the workforce or for the public we serve unless there is strong executive action from the President of the United States.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve equal employment opportunity, civil rights, and equitable services to the public in the United States Department of Agriculture, it is hereby ordered as follows:

Section 1. Goals. It is hereby declared that it is the policy of the President that there shall be equality of treatment and opportunity for all employees and all customers of the Department of Agriculture; that there be organizational structure and lines of authority that ensures this policy is implemented and maintained at all levels; that the Secretary of Agriculture is directed to adopt measures to make this policy a reality, and that all agency officials at all levels be held accountable for the full implementation and maintenance of this policy.

Section 2. President's Advisory Council. There shall be created an Advisory Council to be known as the Council on Equality, Organization, and Accountability in the Department of Agriculture, which shall be composed of twelve members to be designated by the President. The Council shall include members of the public and the federal government who have (1) a history of experience with organizational, civil rights, and accountability issues; (2) are members of civic associations and other organizations representing one or more distinct communities; (3) and have such other experience as the President deems appropriate.

Section 3. Authority. The Council is authorized on behalf of the President to examine the structure, lines of authority, rules, procedures and practices of the Department of Agriculture in order to determine in what respect they may be altered or improved, including the removal of authorities, with a view to carrying out the policy of this order. The Council shall confer and advise the Secretary of Agriculture and shall make such recommendations to the President and to said Secretary as in the judgment of the Council will effectuate the policy hereof.

Section 4. Resources. The Department of Agriculture is authorized and directed to cooperate with the Council in its work, and to furnish the Council such information or the services of such persons as the Council may require in the performance of its duties. When requested by the Council, persons in the Department shall testify before the Council and shall make available for use of the Council such documents and other information as the Council may require.

Section 5. Duration of the Council. The Council shall continue to exist until such time as the President shall terminate its existence by Executive order.

Section 6. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, it's agencies, officers, employees, or any person. 

"PRESIDENT OF THE UNITED STATES"

THE WHITEHOUSE
September, 2000

Whereas it is the policy of the United States to encourage full participation in the national defense program by all citizens of the United States, regardless of race, creed, color, or national origin, in the firm belief that the democratic way of life within the Nation can be defended successfully only with the help and support of all groups within its borders; and Whereas there is evidence that available and needed workers have been barred from employment in industries engaged in defense production solely because of consideration of race, creed, color, or national origin, to the detriment of workers' morale and of national unity:

Now, Therefore, by virtue of the authority vested in me by the Constitution and the statutes, and as a prerequisite to the successful conduct of our national defense production effort, I do hereby reaffirm the policy of the United States that there shall be no discrimination in the employment of workers in defense industries or government because of race, creed, color, or national origin, and I do hereby declare that it is the duty of employers and of labor organizations, in furtherance of said policy and of this Order, to provide for the full and equitable participation of all workers in defense industries, without discrimination because of race, creed, color, or national origin; And it is hereby ordered as follows:

1. All departments and agencies of the Government of the United States concerned with vocational and training programs for defense production shall take special measures appropriate to assure that such programs are administered without discrimination because of race, creed, color, or national origin;

2. All contracting agencies of the Government of the United States shall include in all defense contracts hereafter negotiated by them a provision obligating the contractor not to discriminate against any worker because of race, creed, color, or national origin;

3. There is established in the Office of Production Management a Committee on Fair Employment Practice, which shall consist of a Chairman and four other members to be appointed by the President. The Chairman and members of the Committee shall serve as such without compensation but shall be entitled to actual and necessary transportation, subsistence, and other expenses incidental to performance of their duties. The Committee shall receive and investigate complaints of discrimination in violation of the provisions of this Order and shall take appropriate steps to redress grievances which it finds to be valid. The Committee shall also recommend to the several departments and agencies of the Government of the United States and to the President all measures which may be deemed by it necessary or proper to effectuate the provisions of this Order.

 EXECUTIVE ORDER 9981

Establishing the President's Committee on Equality of Treatment and Opportunity In the Armed Forces.

WHEREAS it is essential that there be maintained in the armed services of the United States the highest standards of democracy, with equality of treatment and opportunity for all those who serve in our country's defense:

NOW THEREFORE, by virtue of the authority vested in me as President of the United States, by the Constitution and the statutes of the United States, and as Commander in Chief of the armed services, it is hereby ordered as follows:

1. It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This policy shall be put into effect as rapidly as possible, having due regard to the time required to effectuate any necessary changes without impairing efficiency or morale.

2. There shall be created in the National Military Establishment an advisory committee to be known as the President's Committee on Equality of Treatment and Opportunity in the Armed Services, which shall be composed of seven members to be designated by the President.

3. The Committee is authorized on behalf of the President to examine into the rules, procedures and practices of the Armed Services in order to determine in what respect such rules, procedures and practices may be altered or improved with a view to carrying out the policy of this order. The Committee shall confer and advise the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, and shall make such recommendations to the President and to said Secretaries as in the judgment of the Committee will effectuate the policy hereof.

4. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Committee in its work, and to furnish the Committee such information or the services of such persons as the Committee may require in the performance of its duties.

5. When requested by the Committee to do so, persons in the armed services or in any of the executive departments and agencies of the Federal Governemt shall testify before the Committee and shall make available for use of the Committee such documents and other information as the Committee may require.

6. The Committee shall continue to exist until such time as the President shall terminate its existence by Executive order.

Harry Truman --- The White House --- July 26, 1948