Page:United States Statutes at Large Volume 92 Part 3.djvu/1150

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3782

REORGANIZATION PLAN NO. 1 sions 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 date. 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 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 effettuate the purposes of this Reorganization Plan. SECTION 9. Effective Date

This Reorganization Plan shall become effective at such time or times, on or The requirements under 5 USC 906 before October 1, 1979, as the President shall specify, but not sooner than the were met on May earliest time allowable under Section 906 of Title 5 of the United States Code. 6, 1978. LEGISLATIVE HISTORY: WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS (1978): Vol. 14, No. 8: Feb. 23, Presidential message transmitting Reorganization Plan No. 1 of 1978 to Congress. HOUSE REPORT No. 95-1069 accompanying H. Res. 1049 (Comm. on Government Operations). SENATE REPORT No. 95-7.50 accompanying S. Res. 404 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Feb. 24, H. Res. 1049, resolution of disapproval, introduced in House and referred to Committee on Government Operations. S. Res. 404, resolution of disapproval, introduced in Senate and referred to Committee on Governmental Affairs. Apr. 25, H. Res. 1049, rejected by House.