Reorganization Plan.

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92 STAT. 3781 REORGANIZATION PLAN NO. 1 OF 1978 *Prepared by the President and transmitted to the Senate and the House of Representatives m Congress assembled, February 23, 1978, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code*. Equal Employment Opportunity[5 USC app](/us/usc/t5/sapp); [42 USC 2000e–4](/us/usc/t42/s2000e/4) note.Effective date for Secs. 1–4, Jan. 1, 1979.••As provided for by Executive Order 12106 (Vol. 14. Weekly Compilation of Presidential Documents, p. 2290; 3 CFR I975 Comp., p. 263; 42 USC 2000e–4 note).

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(1); 9; 11 (a), (b), and (c); 16

(b)and

(c)and 17 of the Fair Labor Labor Standards Act, as amended, (29 U.S.C. 204(d)(1); 204(1); 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). Section 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. Section 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. Section 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. Section 5. *Transfer of Public Sector 707 Functions* Any function of the Equal Employment Opportunity Commission concerning initiation of litigation with respect to Slate or local government, or political subdivi-92 STAT. 3782sions 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. Section 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. Section 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 dale. Nothing herein shall affect any right of any person to judicial review under applicable law. Section 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 limes 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. Section 9. *Effective Date* The requirements under 5 USC 906 were met on May 6, 1978.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. LEGISLATIVE HISTORY: WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

(1978)Vol. 14. No. 8: Feb. 23. Presidential message transmitting Reorganization Plan No. I of 1978 to Congress. HOUSE REPORT No. [95–1069](/us/hrpt/95/1069) accompanying [H. Res. 1049](/us/bill/95/hres/1049) (Comm. on Government Operations). SENATE REPORT No. [95–750](/us/srpt/95/750) accompanying [S. Res. 404](/us/bill/95/sres/1049) (Comm. on Governmental Affairs). CONGRESSIONAL RECORD. Vol. 124 (1978):. Feb. 24. [H. Res. 1049](/us/bill/95/hres/1049), resolution of disapproval, introduced in House and referred Io Committee on Government Operations. [S. Res. 404](/us/bill/95/sres/1049). resolution of disapproval, introduced in Senate and referred to Committee on Governmental Affairs. Apr. 25, [H. Res. 1049](/us/bill/95/hres/1049), rejected by House.

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