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in the construction of defense public works and equipment therefor and applications for contributions to such agencies for the maintenance and operation of defense public works shall be in such form and include such data as may be required by the Director of the Defense Public Works Division. Applications for the construction by the Federal Works Administrator of defense public works to be owned by the United States may be received from departments, agencies and instrumentalities of the United States, including constituent units of the Federal Works Agency, or from any non-Federal public or private agency, and shall be in such form and include such data as may be required by the Director of the Defense Public Works Division.*

§ 1251.3 Consideration of applications.-In the consideration of all applications consultation shall be had, as may appear appropriate, with the Federal Security Agency and its constituent units, the War and Navy Departments and any other departments, agencies and instrumentalities of the United States familiar with special defense needs and situations. Proposed findings pursuant to Section 202 of said Act of October 14, 1940, as amended, shall, when submitted to the President, be supported by an appropriate certificate that in the specified area or locality an acute shortage of public works or equipment therefor exists or impends which would impede national defense activities, which certificate shall be obtained by the Federal Works Administrator from the department, agency or instrumentality of the United States carrying on or having supervision or control of a national defense activity which would be so impeded. In determining the projects to be submitted to the President for approval full consideration shall be given by the Federal Works Administrator to the total need for public works and equipment in national defense activities.* § 1251.4. Private agency applications.-A private agency otherwise eligible as an applicant shall not be considered ineligible by reason of the fact that a profit is earned in its operations if such profit accrues to the benefit of or promotes the general welfare of the community.*

$1251.5. Grants and loans.-No fixed relation between the amount of grant and the cost of the project is prescribed for projects to be financed by way of grant or loan and grant to non-Federal public or private agencies and the amount of grant shall be determined for each project on the basis of the pertinent facts and with due regard to the ability of the applicant to participate in the financing of such project. Loans shall be on a 3% interest basis and all bonds or other obligations shall be purchased at a price of par plus accrued interest.*

In testimony whereof, I have hereunto set my hand and official seal at the city of Washington this 16th day of July, 1941. [SEAL]

JOHN M. CARMODY, Federal Works Administrator.

[F. R. Doc. 41-5848; Filed, August 9, 1941; 10: 57 a. m.]

(b) REGULATIONS PROVIDING AGAINST DISCRIMINATION IN WORK ON DEFENSE HOUSING AND DEFENSE PUBLIC WORKS

(1) January 6, 1941

REGULATION PROVIDING AGAINST DISCRIMINATION IN WORK ON DEFENSE

HOUSING

2

Pursuant to the authority vested in the Federal Works Administrator by Section 11 of the Act of October 14, 1940 (Public No. 849, 76th Congress) the following regulation is hereby made:

There shall be no discrimination by reason of race, creed, color or political affiliations in the employment of persons, qualified by training and experience, for work in the development of defense housing at the sites thereof.

In testimony whereof, I have hereunto set my hand and official seal at the city of Washington this 6th day of January 1941. [SEAL]

JOHN M. CARMODY, Federal Works Administrator.

[F. R. Doc. 41-159; Filed, January 8, 1941; 10: 33 a. m.]

(2) March 19, 1941

SPECIAL REGULATION PROVIDING AGAINST DISCRIMINATION IN WORK ON DEFENSE HOUSING 3

Pursuant to the authority vested in the Federal Works Administrator by section 11 of the Act of October 14, 1940 (Public No. 849, 76th Congress) the following regulation is hereby made:

In order to ascertain compliance, in respect to Negro labor, with the Regulation providing against discrimination in work on defense housing, dated January 6, 1941 (6 F. R. 196), it is requested that contracting officers in charge of the development of defense housing undertaken pursuant to said Act of October 14, 1940, shall after the effective date of this Special Regulation:

(1) Submit to each contractor engaged in constructing any such defense housing, the percentages of Negro skilled and unskilled labor in the locality of the project, as reflected by the Federal census and other relevant data.

(2) Require each contractor engaged in constructing any such defense housing to indicate by notation (W for Non-Negro, N for Negro) on payroll forms required to be submitted to the Government, the race of each laborer, skilled or unskilled, listed on such payrolĺ forms; and

(3) Ascertain and report to the Federal Works Administrator at the end of each 4-week period of such construction, the respective amounts paid by each such contractor during such period as wages, for work in the development of defense housing at the sites thereof to (i) Non-Negro skilled labor (irrespective of individual trades):

26 F. R. 196. 36 F. R. 1533.

(ii) Negro skilled labor (irrespective of individual trades); (iii) Non-Negro unskilled labor; and (iv) Negro unskilled labor.

If the percentages, of the total amounts so paid for all skilled labor and for all unskilled labor, that are paid, respectively, to Negro skilled and unskilled labor approximate the respective percentages of Negro skilled and unskilled laborers in the locality (as submitted to the contractor by the contracting officer), there shall be deemed to be prima facie evidence that the contractor is not discriminating against Negro labor. Otherwise, or if any contractor shall fail or refuse to make the payroll notations hereinabove referred to, the contracting officer shall investigate and report the reasons therefor to the Federal Works Administrator.

Copies of this Special Regulation shall be distributed to all contractors engaged in the development of defense housing under the aforesaid Act of October 14, 1940.

As used in this Special Regulation, the term "contractor" includes subcontractors.

In testimony whereof, I have hereunto set my hand and official seal at the city of Washington this 19th day of March, 1941.

[SEAL]

JOHN M. CARMODY, Federal Works Administrator.

[F. R. Doc. 41-2033; Filed, March 20, 1941; 9: 20 a. m.]

(3) September 11, 1941

AMENDMENT TO REGULATION, DATED JANUARY 6, 1941, PROVIDING AGAINST DISCRIMINATION IN WORK ON DEFENSE HOUSING, TO PROVIDE AGAINST DISCRIMINATION IN WORK ON DEFENSE PUBLIC WORKS

4

The Regulation providing against discrimination in work on defense housing, dated January 6, 1941 (6 F. R. 196), is hereby amended to read as follows:

§ 1201.1. Prohibiting discrimination in employment.-There shall be no discrimination by reason of race, creed, color, national origin or political affiliations in the employment of persons, qualified by training and experience, for work in the development of defense housing or defense public works at the sites thereof. (Sec. 308, Public No. 849 76th Congress, as amended by Public No. 42 and Public No. 137, 77th Congress.)

In testimony whereof, I have hereunto set my hand and official seal in the city of Washington this 11th day of September 1941. [SEAL]

JOHN N. EDY, Acting Administrator.

[F. R. Doc. 41-6880; Filed, September 15, 1941; 9: 34 a. m.]

'6 F. R. 4737.

(4) September 11, 1941

SUPPLEMENT TO REGULATION, DATED MARCH 4, 1941,5 PROVIDING AGAINST DISCRIMINATION IN WORK ON DEFENSE HOUSING, TO PROVIDE AGAINST DISCRIMINATION IN WORK ON DEFENSE PUBLIC WORKS

6

Part 1201 is amended by adding the following new_section:

§ 1201.3 Negro labor and defense public works. In order to ascertain compliance, in respect to Negro labor, with § 1201.1, providing against discrimination in work on defense housing or defense public works, it is requested that:

(a) Contracting officers in charge of the development of defense public works undertaken, and public and private agencies to which loans or grants are made for defense public works, pursuant to the Act of October 14, 1940 (Public No. 849, 76th Congress), as amended by the Act of April 29, 1941 (Public No. 42, 77th Congress) and by the Act of June 28, 1941 (Public No. 137, 77th Congress), shall after the effective date of this section:

(1) Submit to each contractor engaged in constructing any such defense public works, the percentage of Negro skilled and unskilled labor in the locality of the project, as reflected by the Federal census and other relevant data, as determined by the Director of the Defense Public Works Division.

(2) Require each contractor engaged in constructing any such defense public works to indicate by notation (W for Non-Negro, N for Negro) on pay-roll forms required to be submitted to the Government, or to such public or private agencies, the race of each laborer, skilled or unskilled, listed on such payroll forms; and

(3) Ascertain and report to the Director of the Defense Public Works Division at the end of each 4-week period of such construction, the respective amounts paid by each such contractor during such period as wages, for work in the development of defense public works at the sites thereof to (i) Non-Negro skilled labor (irrespective of individual trades); (ii) Negro skilled labor (irrespective of individual trades); (iii) Non-Negro unskilled labor; and (iv) Negro unskilled labor.

(b) If the percentages, of the total amounts so paid for all skilled labor and for all unskilled labor, that are paid, respectively, to Negro skilled and unskilled labor approximate the respective percentages of Negro skilled and unskilled laborers in the locality (as submitted to the contractor by the contracting officer or by the public or private agency), there shall be deemed to be prima facie evidence that the contractor is not discriminating against Negro labor. Otherwise, or if any contractor shall fail or refuse to makes the payroll notations hereinabove referred to, the contracting officer (as to defense public works constructed pursuant to subparagraph (b) of section 202 of said Act of October 14, 1940, as amended) or the public or private agency (as to defense public works for which loans or grants have been made pursuant to subparagraph (c) of section 202 of said Act of October 14, 1940, as amended) shall investigate and report the reasons therefor to the Director of the Defense Public Works Division.

5 Date should read "March 19, 1941."

66 F. R. 4737.

(c) Copies of this section shall be distributed to all contractors engaged in the development of defense public works under the aforesaid Act of October 14, 1940, as amended by said Act of April 29, 1941, and by said Act of June 28, 1941.

(d) As used in this section, the term "contractor" includes subcontractors. (Sec. 308, Public No. 849, 76th Congress, as amended by Public No. 42 and Public No. 137, 77th Congress.)

In testimony whereof, I have hereunto set my hand and official seal in the city of Washington this 11th day of September 1941. [SEAL]

JOHN N. EDY, Acting Administrator.

[F. R. Doc. 41–6881; Filed, September 15, 1941; 9:34 a. m.]

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