Portion of Civil Rights Act of 1974
US CODE Title 42,2000e�4_ Equal Employment Opportunity Commission.htm
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Portion of Civil Rights Act of 1974
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US CODE: Title 42,2000e–4. Equal Employment Opportunity Commission
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[1] See References in Text note below.
§ 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.
(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;
(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.
(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.
(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—
(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,
(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.
[1] See References in Text note below.
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