TITLE 42 - THE PUBLIC
HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
42 U.S.C. Section
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 of title
5,
notwithstanding any exemption contained in such section.
(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.
-SOURCE-
(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.)
