
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2000e-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VI--EQUAL EMPLOYMENT OPPORTUNITIES
 
Sec. 2000e-4. Equal Employment Opportunity Commission


(a) Creation; composition; political representation; appointment; term; 
        vacancies; Chairman and Vice Chairman; duties of Chairman; 
        appointment of personnel; compensation of personnel

    There is hereby created a Commission to be known as the Equal 
Employment Opportunity Commission, which shall be composed of five 
members, not more than three of whom shall be members of the same 
political party. Members of the Commission shall be appointed by the 
President by and with the advice and consent of the Senate for a term of 
five years. Any individual chosen to fill a vacancy shall be appointed 
only for the unexpired term of the member whom he shall succeed, and all 
members of the Commission shall continue to serve until their successors 
are appointed and qualified, except that no such member of the 
Commission shall continue to serve (1) for more than sixty days when the 
Congress is in session unless a nomination to fill such vacancy shall 
have been submitted to the Senate, or (2) after the adjournment sine die 
of the session of the Senate in which such nomination was submitted. The 
President shall designate one member to serve as Chairman of the 
Commission, and one member to serve as Vice Chairman. The Chairman shall 
be responsible on behalf of the Commission for the administrative 
operations of the Commission, and, except as provided in subsection (b) 
of this section, shall appoint, in accordance with the provisions of 
title 5 governing appointments in the competitive service, such 
officers, agents, attorneys, administrative law judges, and employees as 
he deems necessary to assist it in the performance of its functions and 
to fix their compensation in accordance with the provisions of chapter 
51 and subchapter III of chapter 53 of title 5, relating to 
classification and General Schedule pay rates: Provided, That 
assignment, removal, and compensation of administrative law judges shall 
be in accordance with sections 3105, 3344, 5372, and 7521 of title 5.

(b) General Counsel; appointment; term; duties; representation by 
        attorneys and Attorney General

    (1) There shall be a General Counsel of the Commission appointed by 
the President, by and with the advice and consent of the Senate, for a 
term of four years. The General Counsel shall have responsibility for 
the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of 
this title. The General Counsel shall have such other duties as the 
Commission may prescribe or as may be provided by law and shall concur 
with the Chairman of the Commission on the appointment and supervision 
of regional attorneys. The General Counsel of the Commission on the 
effective date of this Act shall continue in such position and perform 
the functions specified in this subsection until a successor is 
appointed and qualified.
    (2) Attorneys appointed under this section may, at the direction of 
the Commission, appear for and represent the Commission in any case in 
court, provided that the Attorney General shall conduct all litigation 
to which the Commission is a party in the Supreme Court pursuant to this 
subchapter.

(c) Exercise of powers during vacancy; quorum

    A vacancy in the Commission shall not impair the right of the 
remaining members to exercise all the powers of the Commission and three 
members thereof shall constitute a quorum.

(d) Seal; judicial notice

    The Commission shall have an official seal which shall be judicially 
noticed.

(e) Reports to Congress and the President

    The Commission shall at the close of each fiscal year report to the 
Congress and to the President concerning the action it has taken and the 
moneys it has disbursed. It shall make such further reports on the cause 
of and means of eliminating discrimination and such recommendations for 
further legislation as may appear desirable.

(f) Principal and other offices

    The principal office of the Commission shall be in or near the 
District of Columbia, but it may meet or exercise any or all its powers 
at any other place. The Commission may establish such regional or State 
offices as it deems necessary to accomplish the purpose of this 
subchapter.

(g) Powers of Commission

    The Commission shall have power--
        (1) to cooperate with and, with their consent, utilize regional, 
    State, local, and other agencies, both public and private, and 
    individuals;
        (2) to pay to witnesses whose depositions are taken or who are 
    summoned before the Commission or any of its agents the same witness 
    and mileage fees as are paid to witnesses in the courts of the 
    United States;
        (3) to furnish to persons subject to this subchapter such 
    technical assistance as they may request to further their compliance 
    with this subchapter or an order issued thereunder;
        (4) upon the request of (i) any employer, whose employees or 
    some of them, or (ii) any labor organization, whose members or some 
    of them, refuse or threaten to refuse to cooperate in effectuating 
    the provisions of this subchapter, to assist in such effectuation by 
    conciliation or such other remedial action as is provided by this 
    subchapter;
        (5) to make such technical studies as are appropriate to 
    effectuate the purposes and policies of this subchapter and to make 
    the results of such studies available to the public;
        (6) to intervene in a civil action brought under section 2000e-5 
    of this title by an aggrieved party against a respondent other than 
    a government, governmental agency or political subdivision.

(h) Cooperation with other departments and agencies in performance of 
        educational or promotional activities; outreach activities

    (1) The Commission shall, in any of its educational or promotional 
activities, cooperate with other departments and agencies in the 
performance of such educational and promotional activities.
    (2) In exercising its powers under this subchapter, the Commission 
shall carry out educational and outreach activities (including 
dissemination of information in languages other than English) targeted 
to--
        (A) individuals who historically have been victims of employment 
    discrimination and have not been equitably served by the Commission; 
    and
        (B) individuals on whose behalf the Commission has authority to 
    enforce any other law prohibiting employment discrimination,

concerning rights and obligations under this subchapter or such law, as 
the case may be.

(i) Personnel subject to political activity restrictions

    All officers, agents, attorneys, and employees of the Commission 
shall be subject to the provisions of section 7324 \1\ of title 5, 
notwithstanding any exemption contained in such section.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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(j) Technical Assistance Training Institute

    (1) The Commission shall establish a Technical Assistance Training 
Institute, through which the Commission shall provide technical 
assistance and training regarding the laws and regulations enforced by 
the Commission.
    (2) An employer or other entity covered under this subchapter shall 
not be excused from compliance with the requirements of this subchapter 
because of any failure to receive technical assistance under this 
subsection.
    (3) There are authorized to be appropriated to carry out this 
subsection such sums as may be necessary for fiscal year 1992.

(k) EEOC Education, Technical Assistance, and Training Revolving Fund

    (1) There is hereby established in the Treasury of the United States 
a revolving fund to be known as the ``EEOC Education, Technical 
Assistance, and Training Revolving Fund'' (hereinafter in this 
subsection referred to as the ``Fund'') and to pay the cost (including 
administrative and personnel expenses) of providing education, technical 
assistance, and training relating to laws administered by the 
Commission. Monies in the Fund shall be available without fiscal year 
limitation to the Commission for such purposes.
    (2)(A) The Commission shall charge fees in accordance with the 
provisions of this paragraph to offset the costs of education, technical 
assistance, and training provided with monies in the Fund. Such fees for 
any education, technical assistance, or training--
        (i) shall be imposed on a uniform basis on persons and entities 
    receiving such education, assistance, or training,
        (ii) shall not exceed the cost of providing such education, 
    assistance, and training, and
        (iii) with respect to each person or entity receiving such 
    education, assistance, or training, shall bear a reasonable 
    relationship to the cost of providing such education, assistance, or 
    training to such person or entity.

    (B) Fees received under subparagraph (A) shall be deposited in the 
Fund by the Commission.
    (C) The Commission shall include in each report made under 
subsection (e) of this section information with respect to the operation 
of the Fund, including information, presented in the aggregate, relating 
to--
        (i) the number of persons and entities to which the Commission 
    provided education, technical assistance, or training with monies in 
    the Fund, in the fiscal year for which such report is prepared,
        (ii) the cost to the Commission to provide such education, 
    technical assistance, or training to such persons and entities, and
        (iii) the amount of any fees received by the Commission from 
    such persons and entities for such education, technical assistance, 
    or training.

    (3) The Secretary of the Treasury shall invest the portion of the 
Fund not required to satisfy current expenditures from the Fund, as 
determined by the Commission, in obligations of the United States or 
obligations guaranteed as to principal by the United States. Investment 
proceeds shall be deposited in the Fund.
    (4) There is hereby transferred to the Fund $1,000,000 from the 
Salaries and Expenses appropriation of the Commission.

(Pub. L. 88-352, title VII, Sec. 705, July 2, 1964, 78 Stat. 258; Pub. 
L. 92-261, Sec. 8(d)-(f), Mar. 24, 1972, 86 Stat. 109, 110; Pub. L. 93-
608, Sec. 3(1), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95-251, 
Sec. 2(a)(11), Mar. 27, 1978, 92 Stat. 183; Pub. L. 102-166, title I, 
Secs. 110(a), 111, Nov. 21, 1991, 105 Stat. 1078; Pub. L. 102-411, 
Sec. 2, Oct. 14, 1992, 106 Stat. 2102; Pub. L. 104-66, title II, 
Sec. 2031, Dec. 21, 1995, 109 Stat. 728.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (a), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    The General Schedule, referred to in subsec. (a), is set out under 
section 5332 of Title 5.
    The effective date of this Act, referred to in subsec. (b)(1), 
probably means the date of enactment of Pub. L. 92-261, which was 
approved Mar. 24, 1972.
    Section 7324 of title 5, referred to in subsec. (i), which related 
to Executive agency employees or District of Columbia government 
employees influencing elections or taking part in political campaigns, 
was omitted in the general revision of subchapter III of chapter 73 of 
Title 5 by Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1003, 
which enacted a new section 7324, relating to prohibition of political 
activities while on duty. See section 7323 of Title 5.

                          Codification

    In subsec. (a), reference to section ``5372'' of title 5 substituted 
for reference to section ``5362'' on authority of Pub. L. 95-454, 
Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated 
sections 5361 through 5365 of title 5 as sections 5371 through 5375.
    In subsec. (i), ``section 7324 of title 5'' substituted for 
``section 9 of the Act of August 2, 1939, as amended (the Hatch Act)'' 
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, 
the first section of which enacted Title 5, Government Organization and 
Employees. Prior to the enactment of Title 5, section 9 of the Act of 
August 2, 1939, as amended, was classified to section 118i of Title 5.


                               Amendments

    1995--Subsec. (k)(2)(C). Pub. L. 104-66 substituted ``including 
information, presented in the aggregate, relating to'' for ``including'' 
in introductory provisions, ``the number of persons and entities'' for 
``the identity of each person or entity'' in cl. (i), ``such persons and 
entities'' for ``such person or entity'' in cl. (ii), and ``fees'' for 
``fee'' and ``such persons and entities'' for ``such person or entity'' 
in cl. (iii).
    1992--Subsec. (k). Pub. L. 102-411 added subsec. (k).
    1991--Subsec. (h). Pub. L. 102-166, Sec. 111, designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (j). Pub. L. 102-166, Sec. 110(a), added subsec. (j).
    1978--Subsec. (a). Pub. L. 95-251 substituted ``administrative law 
judges'' for ``hearing examiners'' wherever appearing.
    1975--Subsec. (e). Pub. L. 93-608 struck out reporting requirement 
of names, salaries, and duties of all individuals in employ of 
Commission.
    1972--Subsec. (a). Pub. L. 92-261, Sec. 8(d), struck out provisions 
setting forth length of terms of original members of Commission and 
provisions authorizing Vice Chairman to act as Chairman in certain 
circumstances, inserted provisions relating to continuation in office of 
all members of Commission, and substituted provisions requiring 
appointment of officers, etc., in accordance with provisions of title 5, 
fixing compensation of such officers, etc., in accordance with 
provisions of chapter 51 and subchapter III of chapter 53 of title 5, 
relating to classification and General Schedule pay rates, and requiring 
assignment, removal, and compensation of hearing examiners in accordance 
with specified sections, for provisions requiring appointment of 
officers, etc., in accordance with civil service laws, and fixing 
compensation of such officers, etc., in accordance with the 
Classification Act of 1949, as amended.
    Subsecs. (b) to (e). Pub. L. 92-261, Sec. 8(e), added subsec. (b), 
struck out subsec. (e) which amended sections 2204 and 2205 of former 
Title 5, Executive Departments and Government Officers and Employees, 
and redesignated existing subsecs. (b), (c), and (d) as (c), (d), and 
(e), respectively.
    Subsec. (g)(6). Pub. L. 92-261, Sec. 8(f), substituted provisions 
which authorized Commission to intervene in a civil action brought under 
section 2000e-5 of this title where respondent is other than a 
government, governmental agency, or political subdivision for provisions 
which authorized Commission to refer matters to Attorney General with 
recommendations to intervene or institute civil actions.
    Subsecs. (h) to (j). Pub. L. 92-261, Sec. 8(e)(2), (3), struck out 
subsec. (h) which provided for legal representation for Commission, and 
redesignated subsecs. (i) and (j) as (h) and (i), respectively.


                    Effective Date of 1991 Amendment

    Section 110(b) of Pub. L. 102-166 provided that: ``The amendment 
made by this section [amending this section] shall take effect on the 
date of the enactment of this Act [Nov. 21, 1991].''
    Amendment by section 111 of Pub. L. 102-166 effective Nov. 21, 1991, 
except as otherwise provided, see section 402 of Pub. L. 102-166, set 
out as a note under section 1981 of this title.


Reorganization Plan No. 1 of 1978 Superseded by Civil Service Reform Act 
                                 of 1978

    Section 905 of Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224, 
provided in part that any provision in Reorganization Plan No. 1 of 1978 
[set out below] inconsistent with any provision of that Act [see Tables 
for classification] was superseded thereby.


                    REORGANIZATION PLAN NO. 1 OF 1978

                  43 F.R. 19807, 92 Stat. 3781

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, February 23, 1978, pursuant 
    to the provisions of Chapter 9 of Title 5 of the United States Code.

                  EQUAL EMPLOYMENT OPPORTUNITY


         Section 1. Transfer of Equal Pay Enforcement Functions

    All functions related to enforcing or administering Section 6(d) of 
the Fair Labor Standards Act, as amended, (29 U.S.C. 206(d)) are hereby 
transferred to the Equal Employment Opportunity Commission. Such 
functions include, but shall not be limited to, the functions relating 
to equal pay administration and enforcement now vested in the Secretary 
of Labor, the Administrator of the Wage and Hour Division of the 
Department of Labor, and the Civil Service Commission pursuant to 
Sections 4(d)(1); 4(f); 9; 11(a), (b), and (c); 16(b) and (c) and 17 of 
the Fair Labor Standards Act, as amended, (29 U.S.C. 204(d)(1); 204(f); 
209; 211(a), (b), and (c); 216(b) and (c) and 217) and Section 10(b)(1) 
of the Portal-to-Portal Act of 1947, as amended, (29 U.S.C. 259).


      Sec. 2. Transfer of Age Discrimination Enforcement Functions

    All functions vested in the Secretary of Labor or in the Civil 
Service Commission pursuant to Sections 2, 4, 7, 8, 9, 10, 11, 12, 13, 
14, and 15 of the Age Discrimination in Employment Act of 1967, as 
amended, (29 U.S.C. 621, 623, 626, 627, 628, 629, 630, 631, 632, 633, 
and 633a) are hereby transferred to the Equal Employment Opportunity 
Commission. All functions related to age discrimination administration 
and enforcement pursuant to Sections 6 and 16 of the Age Discrimination 
in Employment Act of 1967, as amended, (29 U.S.C. 625 and 634) are 
hereby transferred to the Equal Employment Opportunity Commission.


Sec. 3. Transfer of Equal Opportunity in Federal Employment Enforcement 
                                Functions

    (a) All equal opportunity in Federal employment enforcement and 
related functions vested in the Civil Service Commission pursuant to 
Section 717(b) and (c) of the Civil Rights Act of 1964, as amended, (42 
U.S.C. 2000e-16(b) and (c)), are hereby transferred to the Equal 
Employment Opportunity Commission.
    (b) The Equal Employment Opportunity Commission may delegate to the 
Civil Service Commission or its successor the function of making a 
preliminary determination on the issue of discrimination whenever, as a 
part of a complaint or appeal before the Civil Service Commission on 
other grounds, a Federal employee alleges a violation of Section 717 of 
the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-16) provided 
that the Equal Employment Opportunity Commission retains the function of 
making the final determination concerning such issue of discrimination.


   Sec. 4. Transfer of Federal Employment of Handicapped Individuals 
                          Enforcement Functions

    All Federal employment of handicapped individuals enforcement 
functions and related functions vested in the Civil Service Commission 
pursuant to Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791) are hereby transferred to the Equal Employment Opportunity 
Commission. The function of being co-chairman of the Interagency 
Committee on Handicapped Employees now vested in the Chairman of the 
Civil Service Commission pursuant to Section 501 is hereby transferred 
to the Chairman of the Equal Employment Opportunity Commission.


             Sec. 5. Transfer of Public Sector 707 Functions

    Any function of the Equal Employment Opportunity Commission 
concerning initiation of litigation with respect to State or local 
government, or political subdivisions under Section 707 of Title VII of 
the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-6) and all 
necessary functions related thereto, including investigation, findings, 
notice and an opportunity to resolve the matter without contested 
litigation, are hereby transferred to the Attorney General, to be 
exercised by him in accordance with procedures consistent with said 
Title VII. The Attorney General is authorized to delegate any function 
under Section 707 of said Title VII to any officer or employee of the 
Department of Justice.


  Sec. 6. Transfer of Functions and Abolition of the Equal Employment 
                    Opportunity Coordinating Council

    All functions of the Equal Employment Opportunity Coordinating 
Council, which was established pursuant to Section 715 of the Civil 
Rights Act of 1964, as amended, (42 U.S.C. 2000e-14), are hereby 
transferred to the Equal Employment Opportunity Commission. The Equal 
Employment Opportunity Coordinating Council is hereby abolished.


                        Sec. 7. Savings Provision

    Administrative proceedings including administrative appeals from the 
acts of an executive agency (as defined by Section 105 of Title 5 of the 
United States Code) commenced or being conducted by or against such 
executive agency will not abate by reason of the taking effect of this 
Plan. Consistent with the provisions of this Plan, all such proceedings 
shall continue before the Equal Employment Opportunity Commission 
otherwise unaffected by the transfers provided by this Plan. Consistent 
with the provisions of this Plan, the Equal Employment Opportunity 
Commission shall accept appeals from those executive agency actions 
which occurred prior to the effective date of this Plan in accordance 
with law and regulations in effect on such effective date. Nothing 
herein shall affect any right of any person to judicial review under 
applicable law.


                      Sec. 8. Incidental Transfers

    So much of the personnel, property, records and unexpended balances 
of appropriations, allocations and other funds employed, used, held, 
available, or to be made available in connection with the functions 
transferred under this Plan, as the Director of the Office of Management 
and Budget shall determine, shall be transferred to the appropriate 
department, agency, or component at such time or times as the Director 
of the Office of Management and Budget shall provide, except that no 
such unexpended balances transferred shall be used for purposes other 
than those for which the appropriation was originally made. The Director 
of the Office of Management and Budget shall provide for terminating the 
affairs of the Council abolished herein and for such further measures 
and dispositions as such Director deems necessary to effectuate the 
purposes of this Reorganization Plan.


                         Sec. 9. Effective Date

    This Reorganization Plan shall become effective at such time or 
times, on or before October 1, 1979, as the President shall specify, but 
not sooner than the earliest time allowable under Section 906 of Title 5 
of the United States Code.
    [Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, the 
transfer to the Equal Employment Opportunity Commission of certain 
functions of the Civil Service Commission relating to enforcement of 
equal employment opportunity programs as provided by sections 1 to 4 of 
this Reorg. Plan is effective Jan. 1, 1979.]
    [Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, 
sections 1 and 2 of this Reorg. Plan are effective July 1, 1979, except 
for transfer of functions already effective Jan. 1, 1979, under Ex. Ord. 
No. 12106 above.]
    [Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, 
section 5 of this Reorg. Plan is effective July 1, 1978.]
    [Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, 
section 6 of this Reorg. Plan is effective July 1, 1978.]


                        Message of the President

To the Congress of the United States:
    I am submitting to you today Reorganization Plan No. 1 of 1978. This 
Plan makes the Equal Employment Opportunity Commission the principal 
Federal agency in fair employment enforcement. Together with actions I 
shall take by Executive Order, it consolidates Federal equal employment 
opportunity activities and lays, for the first time, the foundation of a 
unified, coherent Federal structure to combat job discrimination in all 
its forms.
    In 1940 President Roosevelt issued the first Executive Order 
forbidding discrimination in employment by the Federal government. Since 
that time the Congress, the courts and the Executive Branch--spurred by 
the courage and sacrifice of many people and organizations--have taken 
historic steps to extend equal employment opportunity protection 
throughout the private as well as public sector. But each new 
prohibition against discrimination unfortunately has brought with it a 
further dispersal of Federal equal employment opportunity 
responsibility. This fragmentation of authority among a number of 
Federal agencies has meant confusion and ineffective enforcement for 
employees, regulatory duplication and needless expense for employers.
    Fair employment is too vital for haphazard enforcement. My 
Administration will aggressively enforce our civil rights laws. Although 
discrimination in any area has severe consequences, limiting economic 
opportunity affects access to education, housing and health care. I, 
therefore, ask you to join with me to reorganize administration of the 
civil rights laws and to begin that effort by reorganizing the 
enforcement of those laws which ensure an equal opportunity to a job.
    Eighteen government units now exercise important responsibilities 
under statutes, Executive Orders and regulations relating to equal 
employment opportunity:
    The Equal Employment Opportunity Commission (EEOC) enforces Title 
VII of the Civil Rights Act of 1964, [section 2000e et seq. of this 
title] which bans employment discrimination based on race, national 
origin, sex or religion. The EEOC acts on individual complaints and also 
initiates private sector cases involving a ``pattern or practice'' of 
discrimination.
    The Department of Labor and 11 other agencies enforce Executive 
Order 11246 [set out as a note under section 2000e of this title]. This 
prohibits discrimination in employment on the basis of race, national 
origin, sex, or religion and requires affirmative action by government 
contractors. While the Department now coordinates enforcement of this 
``contract compliance'' program, it is actually administered by eleven 
other departments and agencies. The Department also administers those 
statutes requiring contractors to take affirmative action to employ 
handicapped people, disabled veterans and Vietnam veterans.
    In addition, the Labor Department enforces the Equal Pay Act of 1963 
[section 206(d) of Title 29, Labor], which prohibits employers from 
paying unequal wages based on sex, and the Age Discrimination in 
Employment Act of 1967 [section 621 et seq. of Title 29], which forbids 
age discrimination against persons between the ages of 40 and 65.
    The Department of Justice litigates Title VII cases involving public 
sector employers--State and local governments. The Department also 
represents the Federal government in lawsuits against Federal 
contractors and grant recipients who are in violation of Federal 
nondiscrimination prohibitions.
    The Civil Service Commission (CSC) enforces Title VII and all other 
nondiscrimination and affirmative action requirements for Federal 
employment. The CSC rules on complaints filed by individuals and 
monitors affirmative action plans submitted annually by other Federal 
agencies.
    The Equal Employment Opportunity Coordinating Council includes 
representatives from EEOC, Labor, Justice, CSC and the Civil Rights 
Commission. It is charged with coordinating the Federal equal employment 
opportunity enforcement effort and with eliminating overlap and 
inconsistent standards.
    In addition to these major government units, other agencies enforce 
various equal employment opportunity requirements which apply to 
specific grant programs. The Department of the Treasury, for example, 
administers the anti-discrimination prohibitions applicable to 
recipients of revenue sharing funds.
    These programs have had only limited success. Some of the past 
deficiencies include:
  --inconsistent standards of compliance;
  --duplicative, inconsistent paperwork requirements and investigative 
        efforts;
  --conflicts within agencies between their program responsibilities and 
        their responsibility to enforce the civil rights laws;
  --confusion on the part of workers about how and where to seek 
        redress;
  --lack of accountability.
    I am proposing today a series of steps to bring coherence to the 
equal employment enforcement effort. These steps, to be accomplished by 
the Reorganization Plan and Executive Orders, constitute an important 
step toward consolidation of equal employment opportunity enforcement. 
They will be implemented over the next two years, so that the agencies 
involved may continue their internal reform.
    Its experience and broad scope make the EEOC suitable for the role 
of principal Federal agency in fair employment enforcement. Located in 
the Executive Branch and responsible to the President, the EEOC has 
developed considerable expertise in the field of employment 
discrimination since Congress created it by the Civil Rights Act of 1964 
[section 2000e-4 of this title]. The Commission has played a pioneer 
role in defining both employment discrimination and its appropriate 
remedies.
    While it has had management problems in past administrations, the 
EEOC's new leadership is making substantial progress in correcting them. 
In the last seven months the Commission has redesigned its internal 
structures and adopted proven management techniques. Early experience 
with these procedures indicates a high degree of success in reducing and 
expediting new cases. At my direction, the Office of Management and 
Budget is actively assisting the EEOC to ensure that these reforms 
continue.
    The Reorganization Plan I am submitting will accomplish the 
following:
    On July 1, 1978, abolish the Equal Employment Opportunity 
Coordinating Council (42 U.S.C. 2000e-14) and transfer its duties to the 
EEOC (no positions or funds shifted).
    On October 1, 1978, shift enforcement of equal employment 
opportunity for Federal employees from the CSC to the EEOC (100 
positions and $6.5 million shifted).
    On July 1, 1979, shift responsibility for enforcing both the Equal 
Pay Act and the Age Discrimination in Employment Act from the Labor 
Department to the EEOC (198 positions and $5.3 million shifted for Equal 
Pay; 119 positions and $3.5 million for Age Discrimination).
    Clarify the Attorney General's authority to initiate ``pattern or 
practice'' suits under Title VII in the public sector.
    In addition, I will issue an Executive Order on October 1, 1978, to 
consolidate the contract compliance program--now the responsibility of 
Labor and eleven ``compliance agencies''--into the Labor Department 
(1,517 positions and $33.1 million shifted).
    These proposed transfers and consolidations reduce from fifteen to 
three the number of Federal agencies having important equal employment 
opportunity responsibilities under Title VII of the Civil Rights Act of 
1964 and Federal contract compliance provisions.
    Each element of my Plan is important to the success of the entire 
proposal.
    By abolishing the Equal Employment Opportunity Coordinating Council 
and transferring its responsibilities to the EEOC, this plan places the 
Commission at the center of equal employment opportunity enforcement. 
With these new responsibilities, the EEOC can give coherence and 
direction to the government's efforts by developing strong uniform 
enforcement standards to apply throughout the government: standardized 
data collection procedures, joint training programs, programs to ensure 
the sharing of enforcement related data among agencies, and methods and 
priorities for complaint and compliance reviews. Such direction has been 
absent in the Equal Employment Opportunity Coordinating Council.
    It should be stressed, however, that affected agencies will be 
consulted before EEOC takes any action. When the Plan has been approved, 
I intend to issue an Executive Order which will provide for 
consultation, as well as a procedure for reviewing major disputed issues 
within the Executive Office of the President. The Attorney General's 
responsibility to advise the Executive Branch on legal issues will also 
be preserved.
    Transfer of the Civil Service Commission's equal employment 
opportunity responsibilities to EEOC is needed to ensure that: (1) 
Federal employees have the same rights and remedies as those in the 
private sector and in State and local government; (2) Federal agencies 
meet the same standards as are required of other employers; and (3) 
potential conflicts between an agency's equal employment opportunity and 
personnel management functions are minimized. The Federal government 
must not fall below the standard of performance it expects of private 
employers.
    The Civil Service Commission has in the past been lethargic in 
enforcing fair employment requirements within the Federal government. 
While the Chairman and other Commissioners I have appointed have already 
demonstrated their personal commitment to expanding equal employment 
opportunity, responsibility for ensuring fair employment for Federal 
employees should rest ultimately with the EEOC.
    We must ensure that the transfer in no way undermines the important 
objectives of the comprehensive civil service reorganization which will 
be submitted to Congress in the near future. When the two plans take 
effect; I will direct the EEOC and the CSC to coordinate their 
procedures to prevent any duplication and overlap.
    The Equal Pay Act now administered by the Labor Department, 
prohibits employers from paying unequal wages based on sex. Title VII of 
the Civil Rights Act, which is enforced by EEOC, contains a broader ban 
on sex discrimination. The transfer of Equal Pay responsibility from the 
Labor Department to the EEOC will minimize overlap and centralize 
enforcement of statutory prohibitions against sex discrimination in 
employment.
    The transfer will strengthen efforts to combat sex discrimination. 
Such efforts would be enhanced still further by passage of the 
legislation pending before you, which I support, that would prohibit 
employers from excluding women disabled by pregnancy from participating 
in disability programs.
    There is now virtually complete overlap in the employers, labor 
organizations, and employment agencies covered by Title VII and by the 
Age Discrimination in Employment Act. This overlap is burdensome to 
employers and confusing to victims of discrimination. The proposed 
transfer of the age discrimination program from the Labor Department to 
the EEOC will eliminate the duplication.
    The Plan I am proposing will not affect the Attorney General's 
responsibility to enforce Title VII against State or local governments 
or to represent the Federal government in suits against Federal 
contractors and grant recipients. In 1972, the Congress determined that 
the Attorney General should be involved in suits against State and local 
governments. This proposal reinforces that judgment and clarifies the 
Attorney General's authority to initiate litigation against State or 
local governments engaged in a ``pattern or practice'' of 
discrimination. This in no way diminishes the EEOC's existing authority 
to investigate complaints filed against State or local governments and, 
where appropriate, to refer them to the Attorney General. The Justice 
Department and the EEOC will cooperate so that the Department sues on 
valid referrals, as well as on its own ``pattern or practice'' cases.
    A critical element of my proposals will be accomplished by Executive 
Order rather than by the Reorganization Plan. This involves 
consolidation in the Labor Department of the responsibility to ensure 
that Federal contractors comply with Executive Order 11246. 
Consolidation will achieve the following: promote consistent standards, 
procedures, and reporting requirements; remove contractors from the 
jurisdiction of multiple agencies; prevent an agency's equal employment 
objectives from being outweighed by its procurement and construction 
objectives; and produce more effective law enforcement through 
unification of planning, training and sanctions. By 1981, after I have 
had an opportunity to review the manner in which both the EEOC and the 
Labor Department are exercising their new responsibilities, I will 
determine whether further action is appropriate.
    Finally, the responsibility for enforcing grant-related equal 
employment provisions will remain with the agencies administering the 
grant programs. With the EEOC acting as coordinator of Federal equal 
employment programs, we will be able to bring overlap and duplication to 
a minimum. We will be able, for example, to see that a university's 
employment practices are not subject to duplicative investigations under 
both Title IX of the Education Amendments of 1972 [section 1681 et seq. 
of Title 20, Education] and the contract compliance program. Because of 
the similarities between the Executive Order program and those statutes 
requiring Federal contractors to take affirmative action to employ 
handicapped individuals and disabled and Vietnam veterans, I have 
determined that enforcement of these statues should remain in the Labor 
Department.
    Each of the changes set forth in the Reorganization Plan 
accompanying this message is necessary to accomplish one or more of the 
purposes set forth in Section 901(a) of Title 5 of the United States 
Code. I have taken care to determine that all functions abolished by the 
Plan are done only under the statutory authority provided by Section 
903(b) of Title 5 of the United States Code.
    I do not anticipate that the reorganizations contained in this Plan 
will result in any significant change in expenditures. They will result 
in a more efficient and manageable enforcement program.
    The Plan I am submitting is moderate and measured. It gives the 
Equal Employment Opportunity Commission--an agency dedicated solely to 
this purpose--the primary Federal responsibility in the area of job 
discrimination, but it is designed to give this agency sufficient time 
to absorb its new responsibilities. This reorganization will produce 
consistent agency standards, as well as increased accountability. 
Combined with the intense commitment of those charged with these 
responsibilities, it will become possible for us to accelerate this 
nation's progress in ensuring equal job opportunities for all our 
people.
                                                           Jimmy Carter.
The White House, February 23, 1978.

  Ex. Ord. No. 12106. Transfer of Certain Equal Employment Enforcement 
                                Functions

    Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, provided:
    By the authority vested in me as President of the United States of 
America by Section 9 of Reorganization Plan No. 1 of 1978 (43 FR 19807) 
[set out above], in order to effectuate the transfer of certain 
functions relating to the enforcement of equal employment programs, and 
in order to make certain technical amendments in other Orders to reflect 
this transfer of functions, it is hereby ordered as follows:
    1-101. The transfer to the Equal Employment Opportunity Commission 
of certain functions of the Civil Service Commission, relating to 
enforcement of equal employment opportunity programs as provided by 
Sections 1, 2, 3 and 4 of Reorganization Plan No. 1 of 1978 (43 FR 
19807) shall be effective on January 1, 1979.
    1-102. Executive Order No. 11478, as amended [set out as a note 
under section 2000e of this title], is further amended by deleting the 
preamble, by substituting ``national origin, handicap, or age'' for ``or 
national origin'' in the first sentence of Section 1, and revising 
Sections 3, 4, and 5 to read as follows:
    ``Sec. 3. The Equal Employment Opportunity Commission shall be 
responsible for directing and furthering the implementation of the 
policy of the Government of the United States to provide equal 
opportunity in Federal employment for all employees or applicants for 
employment (except with regard to aliens employed outside the limits of 
the United States) and to prohibit discrimination in employment because 
of race, color, religion, sex, national origin, handicap, or age.
    ``Sec. 4. The Equal Employment Opportunity Commission, after 
consultation with all affected departments and agencies, shall issue 
such rules, regulations, orders, and instructions and request such 
information from the affected departments and agencies as it deems 
necessary and appropriate to carry out this Order.
    ``Sec. 5. All departments and agencies shall cooperate with and 
assist the Equal Employment Opportunity Commission in the performance of 
its functions under this Order and shall furnish the Commission such 
reports and information as it may request. The head of each department 
or agency shall comply with rules, regulations, orders and instructions 
issued by the Equal Employment Opportunity Commission pursuant to 
Section 4 of this Order.''
    1-103. Executive Order No. 11022, as amended [set out as a note 
under section 3001 of this title], is further amended by revising 
Section 1(b) to read as follows:
    ``(b) The Council shall be composed of the Secretary of Health, 
Education, and Welfare [now Health and Human Services], who shall be 
Chairman, the Secretary of the Treasury, the Secretary of Agriculture, 
the Secretary of Commerce, the Secretary of Labor, the Secretary of 
Housing and Urban Development, the Secretary of Transportation, the 
Administrator of Veterans Affairs, the Director of the Office of 
Personnel Management, the Director of the Community Services 
Administration, and the Chairman of the Equal Employment Opportunity 
Commission.''
    1-104. Executive Order No. 11480 of September 9, 1969 [set out as a 
note under section 791 of Title 29, Labor], is amended by deleting ``and 
the Chairman of the United States Civil Service Commission'' in Section 
4 and substituting therefor ``Director of the Office of Personnel 
Management, and the Chairman of the Equal Employment Opportunity 
Commission''.
    1-105. Executive Order No. 11830 of January 9, 1975 [set out as a 
note under section 791 of Title 29, Labor], is amended by deleting 
Section 2 and revising Section 1 to read as follows:
    ``In accord with Section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791) and Section 4 of Reorganization Plan No. 1 of 1978 (43 FR 
19808) the Interagency Committee on Handicapped Employees is enlarged 
and composed of the following, or their designees whose positions are 
Executive level IV or higher:
    ``(1) Secretary of Defense.
    ``(2) Secretary of Labor.
    ``(3) Secretary of Health, Education, and Welfare [now Health and 
Human Services], Co-Chairman.
    ``(4) Director of the Office of Personnel Management.
    ``(5) Administrator of Veterans Affairs.
    ``(6) Administrator of General Services.
    ``(7) Chairman of the Federal Communications Commission.
    ``(8) Chairman of the Equal Employment Opportunity Commission, Co-
Chairman.
    ``(9) Such other members as the President may designate.''
    1-106. This Order shall be effective on January 1, 1979.
                                                           Jimmy Carter.

Ex. Ord. No. 12144. Transfer of Certain Equal Pay and Age Discrimination 
                   in Employment Enforcement Functions

    Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, provided:
    By the authority vested in me as President of the United States of 
America by the Constitution and laws of the United States, including 
Section 9 of Reorganization Plan No. 1 of 1978 (43 FR 19807) [set out 
above], in order to effectuate the transfer of certain functions 
relating to the enforcement of equal pay and age discrimination in 
employment programs from the Department of Labor to the Equal Employment 
Opportunity Commission, it is hereby ordered as follows:
    1-101. Sections 1 and 2 of Reorganization Plan No. 1 of 1978 (43 FR 
19807) [set out as a note above] shall become effective on July 1, 1979, 
with the exception of the transfer of functions from the Civil Service 
Commission, already effective January 1, 1979 (Executive Order No. 12106 
[set out above]).
    1-102. The records, property, personnel and positions, and 
unexpended balances of appropriations or funds, available or to be made 
available, which relate to the functions transferred as provided in this 
Order are hereby transferred from the Department of Labor to the Equal 
Employment Opportunity Commission.
    1-103. The Director of the Office of Management and Budget shall 
make such determinations, issue such Orders, and take all actions 
necessary or appropriate to effectuate the transfers provided in this 
Order, including the transfer of funds, records, property, and 
personnel.
    1-104. This Order shall be effective July 1, 1979.
                                                           Jimmy Carter.


                            Cross References

    Per diem and mileage of witnesses, see section 1821 et seq. of Title 
28, Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 12111, 12117 of this title.
