Page:United States Statutes at Large Volume 92 Part 3.djvu/1149

 REORGANIZATION PLAN NO. 1

92 STAT. 3781

REORGANIZATION PLAN NO. 1 OF 1978 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 3 of the United States Code. 5 USC app; 42 u s e 2000e-4 note. SECTION 1. Transfer of Equal Pay Enforcement Functions Effective date for All functions related to enforcing or administering Section 6(d) of the Fair Secs. 1-4, Jan. 1, Labor Standards Act, as amended, (29 U.S.C. 206(d)) are hereby transferred to the 1979.* 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 Labor Standards Act, as amended, (29 U.S.C. 204(d)(1); 204(0; 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). Equal Employment Opportunity

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 State or local government, or political subdivi*As provided for by Executive Order 12106 (Vol. 14, Weekly Compilalion of Presidential Documents, p. 2290; 3 CFR 1978 Comp., p. 263; 42 USC 2000e-4 note).

�