An Act to further promote equal employment opportunities for American workers
PL 92-261 (H.R.1746), enacted 03/24/1972

86 STAT. ] 
PUBLIC LAW 92-261-MAR. 24, 1972 
im 
Public Law 92-261 
- : p ^ 
AN ACT 
TH^R^ m^6i^ 
To further promote equal employment opportunities for American workers. 
L_l ! 
L_ 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Equal Employment Opportunity Act of 1972". 
SEC. 2. Section 701 of the Civil Rights Act of 1964 (78 Stat. 253; 42 
U.S.C. 2000e) is amended as follows: 
(1) In subsection (a) insert "governments, governmental agencies, 
political subdivisions," after the word "individuals". 
(2) Subsection (b) is amended to read as follows: 
"(b) The term 'employer' means a person engaged in an industry 
affecting commerce who has fifteen or more employees for each work-
ing day in each of twenty or more calendar weeks in the current or 
preceding calendar year, and any agent of such a person, but such 
term does not include (1) the United States, a corporation wholly 
owned by the Government of the United States, an Indian tribe, or 
any department or agency of the District of Columbia subject by 
statute to procedures of the competitive service (as defined in section 
2102 of title 5 of the United States Code), or (2) a bona fide private 
membership club (other than a labor organization) which is exempt 
from taxation under section 501(c) of the Internal Revenue Code of 
1954, except that during the first year after the date of enactment of 
the Equal Employment Opportunity Act of 1972, persons having 
fewer than twenty-five employees (and their agents) shall not be 
considered employers." 
(3) In subsection (c) beginning with the semicolon strike out 
through the word "assistance". 
(4) In subsection (e) strike out between " (A)" and "and such labor 
organization", and insert in lieu thereof "twenty-five or more during 
the first year after the date of enactment of the Equal Employment 
Opportunity Act of 1972, or (B) fifteen or more thereafter,". 
(5) In subsection (f), insert before the period a comma and the fol-
lowing : "except that the term 'employee' shall not include any person 
elected to public office in any State or political subdivision of any State 
by the qualified voters thereof, or any person chosen by such officer to 
be on such officer's personal staff, or an appointee on the policy making 
level or an immediate adviser with respect to the exercise of the con-
stitutional or legal powers of the office. Tlie exemption set forth in 
the preceding sentence shall not include employees subject to the civil 
service laws of a State government, governmental agency or political 
subdivision." 
(6) At the end of subsection (h) insert before the period a comma 
and the following: "and further includes any governmental industry, 
business, or activity". 
(7) After subsection (i) insert the following new subsection ( j ) : 
"(j) The term 'religion' includes all aspects of religious observance 
and practice, as well as belief, unless an employer demonstrates that he 
is unable to reasonably accommodate to an employee's or prospective 
employee's religious observance or practice without undue hardship on 
the conduct of the employer's business." 
SEC. 3. Section 702 of the Civil Rights Act of 1964 (78 Stat. 255; 
42 U.S.C. 2000e-l) is amended to read as follows: 
Equal Employ-
iment Opportunity 
Act of 1972. 
80 Stat. 662. 
80 Stat. 408. 
68A Stat. 163. 
26 u s e 501. 
•'Religion. 
82-081 O - 73 - 10 
104 
Enforcement. 
42 u s e 2000e-2, 
2000e-3. 
Charges. 
Penalty. 
State enforce-
ment proceedings, 
deferral period. 
PUBLIC LAW 92-261-MAR. 24, 1972 
"EXEMPTIOX 
[86 STAT. 
"SEC. 702. This title shall not apply to an employer with respect to 
the employment of aliens outside any State, or to a religious corpo-
ration, association, educational institution, or society with respect to 
the employment of individuals of a particular religion to perform work 
connected with the carrying on by such corporation, association, edu-
cational institution, or society of its activities." 
SEC. 4. (a) Subsections (a) through (g) of section 706 of the Civil 
Rights Act of 1964 (78 Stat. 259; 42 U.S.C. 2000e-5(a)-(g)) are 
amended to read as follows: 
"SEC. 706. (a) The Commission is empowered, as hereinafter pro-
vided, to prevent any person from engaging in any unlawful employ-
ment practice as set forth in section 703 or 704 of this title. 
" (b) Whenever a charge is filed by or on behalf of a person claiming 
to be aggrieved, or by a member of the Commission, alleging that an 
employer, employment agency, labor organization, or joint labor-
management committee controlling apprenticeship or other training 
or retraining, including on-the-job training programs, has engaged in 
an unlawful employment practice, the Commission shall serve a notice 
of the charge (including the date, place and circumstances of the 
alleged unlawful employment practice) on such employer, employ-
ment agency, labor organization, or joint labor-management com-
mittee (hereinafter referred to as the 'respondent') within ten days, 
and shall make an investigation thereof. Charges shall be in writing 
under oath or affirmation and shall contain such information and be 
in such form as the Commission requires. Charges shall not be made 
public by the Commission. If the Commission determines after such 
investigation that there is not reasonable cause to believe that the 
charge is true, it shall dismiss the charge and promptly notify the 
person claiming to be aggrieved and the respondent of its action. 
In determining whether reasonable cause exists, the Commission shall 
accord substantial weight to final findings and orders made by State 
or local authorities in proceedings commenced under State or local 
law pursuant to the requirements of subsections (c) and (d). If the 
Commission determines after such investigation that there is reason-
able cause to believe that the charge is true, the Commission shall 
endeavor to eliminate any such alleged unlawful employment practice 
by informal methods of conference, conciliation, and persuasion. 
Nothing said or done during and as a part of such informal endeavors 
may be made public by the Commission, its officers or employees, or 
used as evidence in a subsequent proceeding without the written con-
sent of the persons concerned. Any person who makes public informa-
tion in violation of this subsection shall be fined not more than $1,000 
or imprisoned for not more than one year, or both. The Commission 
shall make its determination on reasonable cause as promptly as pos-
sible and, so far as practicable, not later than one hundred and twenty 
days from the filing of the charge or, where applicable under subsec-
tion (c) or (d), from the date upon w'hich the Commission is author-
ized to take action wnth respect to the charge. 
"(c) In the case of an alleged unlaw^ful employment practice 
occurring in a State, or political subdivision of a State, which has a 
State or local law prohibiting the unlaw^ful employment practice 
alleged and establishing or authorizing a State or local authority to 
grant or seek relief from such practice or to institute criminal pro-
ceedings with respect thereto upon receiving notice thereof, no charge 
may be filed under subsection (a) by the person aggrieved before the 
expiration of sixty days after proceedings have been commenced under 
the State or local law, unless such proceedings have been earlier termi-
86 STAT. ] 
PUBLIC LAW 92-261-MAR. 24, 1972 
105 
nated, provided that such sixty-day period shall be extended to one 
hundred and twenty days during the first year after the effective date 
of such State or local law. If any requirement for the commencement 
of such proceedings is imposed by a State or local authority other 
than a requirement of the filing of a written and signed statement of 
the facts upon which the proceeding is based, the proceeding shall be 
deemed to have been commenced for the purposes of this subsection at 
the time such statement is sent by registered mail to the appropriate 
State or local authority. 
" (d) In the case of any charge filed by a member of the Commission 
alleging an unlawful employment practice occurring in a State or 
political subdivision of a State which has a State or local law pro-
hibiting the practice alleged and establishing or authorizing a State 
or local authority to grant or seek relief from such practice or to insti-
tute criminal proceedings with respect thereto upon receiving notice 
thereof, the Commission shall, before taking any action with respect 
to such charge, notify the appropriate State or local officials and, upon 
request, afford them a reasonable time, but not less than sixty days 
(provided that such sixty-day period shall be extended to one hundred 
and twenty days during the first year after the effective day of such 
State or local law), unless a shorter period is requested, to act under 
such State or local law to remedy the practice alleged. 
''(e) A charge under this section shall be filed within one hundred 
Filing. 
and eighty days after the alleged unlawful employment practice 
occurred and notice of the charge (including the date, place and cir-
cumstances of the alleged unlawful employment practice) shall be 
served upon the person against whom such charge is made within ten 
days thereafter, except that in a case of an unlawful employment prac-
tice with respect to which the person aggrieved has initially instituted 
proceedings with a State or local agency with authority to grant or 
seek relief from such practice or to institute criminal proceedings 
with respect thereto upon receiving notice thereof, such charge shall 
be filed by or on behalf of the })erson aggrieved within three hundred 
days after the alleged unlawful employment practice occurred, or 
within thirty days after receiving notice that the State or local agency 
has terminated the proceedings under the State or local law, which-
ever is earlier, and a copy of such charge shall be filed by the Com-
mission with the State or local agency. 
"(f) (1) If within thirty days after a charge is filed with the Com- 
^'""'^ action. 
mission or within thirty days after expiration of any period of 
reference under subsection (c) or (d),tlie Commission has been unable 
to secure from the respondent a conciliation agreement acceptable to 
the Commission, the Commission may bring a civil action against any 
respondent not a government, governmental agency, or political sub-
division named in the charge. In the case of a respondent which is a 
government, governmental agency, or political subdivision, if the 
Commission has been unable to secure from the respondent a concilia-
tion agreement acceptable to the Commission, the Commission shall 
take no further action and shall refer the case to the Attorney Gen-
eral who may bring a civil action against such respondent in the 
appropriate t'nited States district court. The person or persons 
aggrieved shall have the right to intervene in a civil action brought 
by the Commission or the Attorney General in a case involving a 
government, governmental agency, or political subdivision. If a charge 
filed with the Commission pursuant to subsection (b) is dismissed by 
the Commission, or if within one hundred and eighty days from the 
filing of such charge or the expiration of any period of reference under 
subsection (c) or (d), w^hichever is later, the Commission has not filed 
a civil action under this section or the Attorney General has not filed 
106 
PUBLIC LAW 92-261-MAR. 24, 1972 
[86 STAT. 
a civil action in a case involving a government, governmental agency, 
or political subdivision, or the Commission has not entered into a con-
ciliation agreement to which the person aggrieved is a party, the 
Commission, or the Attorney General in a case involving a govern-
ment, governmental agency, or political subdivision, shall so notify 
the person aggrieved and within ninety days after the giving of such 
notice a civil action may be brought against the respondent named in 
the charge (A) by the person claiming to be aggrieved or (B) if such 
charge was filed by a member of the Commission, by any person whom 
the charge alleges was aggrieved by the alleged unlawful employment 
practice. Upon application by the complainant and in such circum-
stances as the court may deem just, the court may appoint an attorney 
for such complainant and may authorize the commencement of the 
action without the payment of fees, costs, or security. Upon timely 
application, the court may, in its discretion, permit the Commission, 
or the Attorney General in a case involving a government, govern-
mental agency, or political subdivision, to intervene in such civil 
action upon certification that the case is of general public importance. 
Upon request, the court may, in its discretion, stay further proceedings 
for not more than sixty days pending the termination of State or local 
proceedings described in subsections (c) or (d) of this section or 
further efforts of the Commission to obtain voluntary compliance. 
"(2) Whenever a charge is filed with the Commission and the Com-
mission concludes on the basis of a preliminary investigation that 
prompt judicial action is necessary to carry out the purposes of this 
Act, the Commission, or the Attorney General in a case involving a 
government, governmental agency, or political subdivision, may bring 
. 
an action for appropriate temporary or preliminary relief pending 
final disposition of such charge. Any temporary restraining order or 
other order granting preliminary or temporary relief shall be issued in 
28 use app. 
accordance with rule 65 of the Federal Rules of Civil Procedure. It 
shall be the duty of a court having jurisdiction over proceedings under 
this section to assign cases for hearing at the earliest practicable date 
and to cause such cases to be in every way expedited. 
Jurisdiction. 
" (3) Each United States district court and each United States court 
of a place subject to the jurisdiction of the United States shall have 
jurisdiction of actions brought under this title. Such an action may be 
brought in any judicial district in the State in which the unlawful 
''" 
employment practice is alleged to have been committed, in the judicial 
district in which the employment records relevant to such practice are 
maintained and administered, or in the judicial district in which the 
aggrieved person would have worked but for the alleged unlawful 
employment practice, but if the respondent is not found within any 
such district, such an action may be brought within the judicial dis-
trict in which the respondent has his principal office. For purposes of 
74ltlT9nV'' 
sections 1404 and 1406 of title 28 of the United States Code, the judi-
7
6
A Stat. 699. 
cial district in which the respondent has his principal office shall in all 
cases be considered a district in which the action might have been 
brought. 
Judge, designa- 
«(4) j ^ shall be the duty of the chief judge of the district (or in his 
absence, the acting chief judge) in which the case is pending imme-
diately to designate a judge in such district to hear and determine 
the case. In the event that no judge in the district is available to hear 
and determine the case, the chief judge of the district, or the acting 
chief judge, as the case may be, shall certify this fact to the chief judge 
of the circuit (or in his absence, the acting chief judge) who shall then 
designate a district or circuit judge of the circuit to hear and determine 
the case. 
• 
tion 
86 STAT. ] 
PUBLIC LAW 92-261-MAR. 24, 1972 
107 
"(5) It shall be the duty of the judge designated pursuant to this 
subsection to assign the case for hearing at the earliest practicable date 
and to .cause the case to be in every way expedited. If such judge has 
,: 
not scheduled the case for trial within one hundred and twenty days 
after issue has been joined, that judge may appoint a master pursuant 
to rule 53 of the Federal Eules of 
"Civil Procedure. 
28 use app. 
"(g) If the court finds that the respondent has intentionally 
^*^*^^-
engaged in or is intentionally engaging in an unlawful employment 
practice charged in the complaint, the court may enjoin the respondent 
from engaging in such unlawful employment practice, and order such 
affirmative action as may be appropriate, which may include, but is not 
limited to, reinstatement or hiring of employees, with or without back 
pay (payable by the employer, employment agency, or labor organiza-
tion, as the case may be, responsible for the unlawful employment 
practice), or any other equitable relief as the court deems appropriate. 
Back pay liability shall not accrue from a date more than two years 
Back pay 
prior to the filing of a charge with the Commission. Interim earnings ^
^ ^ ''^' 
or amounts earnable with reasonable diligence by the person or persons 
discriminated against shall operate to reduce the back pay otherwise 
allowable. No order of the court shall require the admission or rein-
statement of an individual as a member of a union, or the hiring, 
reinstatement, or promotion of an individual as an employee, or the 
,., 
j 
payment to him of any back pay, if such individual was refused 
- T
-
*
-
admission, suspended, or expelled, or was refused employment or 
advancement or was suspended or discharged for any reason other 
than discrimination on account of race, color, religion, sex, or national 
origin or in violation of section 704(a)." 
Post, p. io9. 
(b) (1) Subsection (i) of section 706 of such Act is amended by 
^^ u*sc*2ooo*e-5 
striking out "subsection (e)" and inserting in lieu thereof "this 
section". 
(2) Subsection (j) of such section is amended by striking out 
"subsection (e)" and inserting in lieu thereof "this section". 
SEC. 5. Section 707 of the Civil Rights Act of 1964 is amended by 
adding at the end thereof the following new subsection: 
"(c) Effective two years after the date of enactment of the Equal 
Employment Opportunity Act of 1972, the functions of the Attorney 
General under this section shall be transferred to the Commission, 
together with such personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds employed, used, 
held, available, or to be made available in connection with such func-
tions unless the President submits, and neither House of Congress 
vetoes, a reorganization plan pursuant to chapter 9 of title 5, United 
States Code, inconsistent with the provisions of this subsection. The 85^star574^^' 
Commission shall carry out such functions in accordance with sub- 
s use 901*. 
sections (d) and (e) of this section. 
"(d) Upon the transfer of functions provided for in subsection (c) 
of this section, in all suits commenced pursuant to this section prior to 
the date of such transfer, proceedings shall continue without abate-
ment, all court orders and decrees shall remain in effect, and the 
Commission shall be substituted as a party for the United States of 
America, the Attorney General, or the Acting Attorney General, as 
appropriate. 
" (e) Subsequent to the date of enactment of the Equal Employment 
Authority. 
Opportunity Act of 1972, the Commission shall have authority to 
investigate and act on a charge of a pattern or practice of discrimina-
tion, whether filed by or on behalf of a person claiming to be aggrieved 
or by a member of the Commission. All such actions shall be conducted 
in accordance with the procedures set forth in section 706 of this Act." 
"*"'^' P- ^°''' 
SEC. 6. Subsections (b), (c), and (d) of section 709 of the Civil 
42 use 2000e-6. 
Transfer of 
functions. 
State and local 
agencies, coopera 
Recordkeeping; 
reports. 
108 
PUBLIC LAW 92-261-MAR. 24, 1972 
[86 STAT. 
Rights Act of 1964 (78 Stat. 263; 42 U.S.C. 2000e-8(b)-(d)) are 
amended to read as follows: 
"(b) The Commission may cooperate with State and local agencies 
charged with the administration of State fair employment practices 
laws and, with the consent of such agencies, may, for the purpose of 
carrying out its functions and duties under this title and within the 
limitation of funds appropriated specifically for such purpose, engage 
in and contribute to the cost of research and other projects of mutual 
interest undertaken by such agencies, and utilize the services of such 
agencies and their employees, and, notwithstanding any other provi-
sion of law, pay by advance or reimbursement such agencies and their 
employees for services rendered to assist the Commission in carrying 
out this title. In furtherance of such cooperative efforts, the Commis-
sion may enter into written agreements with such State or local 
agencies and such agreements may include provisions under w^hich the 
Commission shall refrain from processing a charge in any cases or class 
of cases specified in such agreements or under which the Commission 
shall relieve any person or class of persons in such State or locality 
from requirements imposed under this section. The Commission shall 
rescind any such agreement whenever it determines that the agree-
ment no longer serves the interest of effective enforcement of this 
title. 
"(c) Every employer, employment agency, and labor organiza-
tion subject to this title shall (1) make and keep such records relevant 
to the determinations of whether unlawful employment practices have 
been or are being committed, (2) preserve such records for such 
periods, and (3) make such reports therefrom as the Commission shall 
prescribe by regulation or order, after public hearing, as reasonable, 
necessary, or appropriate for the enforcement of this title or the regu-
lations or orders thereunder. The Commission shall, by regulation, 
require each employer, labor organization, and joint labor-management 
committee subject to this title which controls an apprenticeship or 
other training program to maintain such records as are reasonably 
necessary to carry out the purposes of this title, including, but not 
limited to, a list of applicants who wish to participate in such pro-
gram, including the cnronological order in which applications were 
received, and to furnish to the Commission upon request, a detailed 
description of the manner in which persons are selected to participate 
in the apprenticeship or other training program. Any employer, 
employment agency, labor organization, or joint labor-management 
committee which believes that the application to it of any regulation or 
order issued under this section would result in undue hardship may 
apply to the Commission for an exemption from the application of 
such regulation or order, and, if such application for an exemption is 
denied, bring a civil action in the United States district court for the 
district where such records are kept. If the Commission or the court, 
as the case may be, finds that the application of the regulation or order 
to the employer, employment agency, or labor organization in ques-
tion would impose an undue hardship, the Commission or the court, as 
the case may be, may grant appropriate relief. If any person required 
to comply with the provisions of this subsection fails or refuses 
to do so, the United States district court for the district in which 
such person is found, resides, or transacts business, shall, upon applica-
tion of the Commission, or the Attorney General in a case involving 
a government, governmental agency or political subdivision, have 
jurisdiction to issue to such person an order requiring him to comply. 
"(d) In prescribing requirements pursuant to subsection (c) of this 
c'o'Vrd^a'tionr' 
sectlon, the Commission shall consult with other interested State and 
Federal agencies and shall endeavor to coordinate its requirements 
State and Fed-
eral agencies, 
86 STAT. 
PUBLIC LAW 92-261-MAR. 24, 1972 
109 
with those adopted by such agencies. The Commission shall furnish 
upon request and without cost to any State or local agency charged 
with the administration of a fair employment practice law informa-
tion obtained pursuant to subsection (c) of this section from any 
employer, employment agency, labor organization, or joint labor-man-
agement committee subject to the jurisdiction of such agency. Such 
information shall be furnished on condition that it not be made pub-
lic by the recipient agency prior to the institution of a proceeding 
under State or local law involving such information. If this condition 
is violated by a recipient agency, the Commission may decline to 
honor subsequent requests pursuant to this subsection." 
SEC. 7. Section 710 of the Civil Rights Act of 1964 (78 Stat. 264; 
42 L'^.S.C. 2000e-9) is amended to read as follows: 
Information, 
Jvailability. 
"INVESTIGATORY POWERS 
'*SEC. 710. For the purpose of all hearings and investigations con-
ducted by the Commission or its duly authorized agents or agencies, 
section 11 of the National Labor Relations Act (49 Stat. 455; 29 
U.S.C. 161) shall apply."' 
SEC. 8. (a) Section 703(a)(2) of the Civil Rights Act of 1964 
(78 Stat. 255; 42 U.S.C. 2000e-2(a) (2)) is amended by inserting 
the words "or applicants for employment'' after the words "his 
employees". 
(b) Section 703 (c) (2) of such Act is amended by inserting the words 
"or applicants for membership" after the word "membership". 
(c) (1) Section 704(a) of such Act is amended by inserting a comma 
and the following: "or joint labor-management committee controlling 
apprenticeship or other training or retraining, including on-the-job 
training programs," after "employment agency". 
(2) Section 704(b) of such Act is amended by (A) striking out "or 
employment agency" and inserting in lieu thereof "employment agency, 
or joint labor-management committee controlling apprenticeship or 
other training or retraining, including on-the-job training programs,", 
and (B) inserting a comma and the words "or relating to admission to, 
or employment in, any program established to provide apprenticeship 
or other training by such a joint labor-management committee" before 
the word "indicating". 
(d) Section 705(a) of the Civil Rights Act of 1964 (78 Stat. 258; 
42 U.S.C. 2000e-4(a)) is amended to read as follows: 
"SEC. 705. (a) 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 mem-
ber 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 respon-
sible on behalf of the Commission for the administrative operations 
of the Commission, and, except as provided in subsection (b), shall 
appoint, in accordance with the provisions of title 5, United States 
61 Stat. 150; 
84 Stat. 930. 
78 Stat. 257. 
42 u s e 2000e-3. 
Equal Employ-
ment Opportunity 
Commission. 
Term. 
110 
PUBLIC LAW 92-261-MAR. 24, 1972 
[86 STAT. 
5 u s e 101 et 
seq. 
5 u s e 5101, 
5331. 
80 Stat. 415, 
425, 473, 528. 
78 Stat. 258. 
42 u s e 2000e-4. 
General eoun-
sel, appointment. 
Ante, p. 104. 
Ante, p. 107. 
Repeal. 
42 u s e 2000e. 
13. 
Code, governing appointments in the competitive service, such officers, 
agents, attorneys, hearing examiners, 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 
subcnapter I I I of chapter 53 of title 5, United States Code, relating 
to classification and General Schedule pay rates: Provided, 
That 
assignment, removal, and compensation of hearing examiners shall be 
in accordance with sections 3105,3344, 5362, and 7521 of title 5, United 
States Code." 
(e) (1) Section 705 of such Act is amended by inserting after sub-
section (a) the following new subsection (b) : 
"(b)(1) There shall oe 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 706 
ana 707 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 appoint-
ment 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 
litigatioh to which the Commission is a party in the Supreme Court 
pursuant to this title." 
(2) Subsections (e) and (h) of such section 705 are rej)ealed. 
(3) Subsections (b), (c), (d), (i), and (j) of such section 705, and 
all references thereto^ are redesignated as subsections (c), (d), (e), 
(h), and (i), respectively. 
(f) Section 705(g) (6) of such Act, is amended to read as follows: 
"(6) to intervene in a civil action brought under section 706 by an 
aggrieved party against a respondent other than a government, gov-
ernmental agency or political subdivision." 
(g) Section 714 of such Act is amended to read as follows: 
62 Stat. 688; 
65 Stat. 721. 
80 Stat. 460; 
85 Stat. 625. 
Repeal. 
84 Stat. 968; 
Ante, p. 69. 
"FORCIBLY RESISTING T H E COMMISSION 
OR ITS 
REPRESENTATIVES 
"SEC. 714. The provisions of sections 111 and 1114, title 18, United 
States Code, shall apply to officers, agents, and employees of the 
Commission in the performance of their official duties. Notwithstand-
ing the provisions of sections 111 and 1114 of title 18, United States 
Code, whoever in violation of the provisions of section 1114 of such 
title kills a person while engaged in or on account of the performance 
of his official functions under this Act shall be punished by imprison-
ment for any term of years or for life." 
SEC. 9. (a) Section 5314 of title 5 of the United States Code is 
amended by adding at the end thereof the following new clause: 
"(58) Chairman, Equal Employment Opportunity Commission." 
(b) Clause (72) of section 5315 of such title is amended to read as 
follows: 
"(72) Members, Equal Employment Opportunity Commission 
(4)." 
(c) Clause (111) of section 5316 of such title is repealed. 
(a) Section 5316 of such title is amended by adding at the end 
thereof the following new clause: 
" (131) General Counsel of the Equal Employment Opportunity 
Commission." 
86 STAT.] 
PUBLIC LAW 92-261-MAR. 24, 1972 
111 
SEC. 10. Section 715 of the Civil Rights Act of 1964 is amended to 
42.usc 2ooo'e.i4 
read as follows: 
note. 
"EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL 
"SEC. 715, There shall be established an Equal Employment Oppor-
tunity Coordinating Council (hereinafter referred to in this section 
as the Council) composed of the Secretary of Labor, the Chairman of 
the Equal Employment Opportunity Commission, the Attorney Gen-
eral, the Chairman of the United States Civil Service Commission, and 
the Chairman of the United States Civil Rights Commission, or their 
respective delegates. The Council shall have the responsibility for 
developing and implementing agreements, policies and practices 
designed to maximize effort, promote efficiency, and eliminate conflict, 
competition, duplication and inconsistency among the operations, func-
tions and jurisdictions of the various departments, agencies and 
branches of the Federal Government responsible for the implementa-
tion and enforcement of equal employment opportunity legislation, 
orders, and policies. On or before July 1 of each year, the Council shall •^^^'^^a%on-^' 
transmit to the President and to the Congress a report of its activities, gress.^" 
together with such recommendations for legislative or administrative 
changes as it concludes are desirable to further promote the purposes 
of this section." 
SEC. 11. Title VII of the Civil Rights Act of 1964 (78 Stat. 253; 42 
U.S.C. 2000e et seq.) is amended by adding at the end thereof the 
^"'e, p. 103. 
following new section: 
"NONDISCRIMINATION IN FEDERAL GOVERNMENT EMPLOYMENT 
"SEC. 717. (a) All personnel actions affecting employees or appli-
cants for employment (except with regard to aliens employed outside 
the limits of the United States) in military departments as defined in 
section 102 of title 5, United States Code, in executive agencies (other 
^° ^*^*' ^^®' 
than the General Accounting Office) as defined in section 105 of title 5, 
LTnited States Code (including employees and applicants for employ-
ment who are paid from nonappropriated funds), in the United States 
Postal Service and the Postal Rate Commission, in those units of the 
Government of the District of Columbia having positions in the com-
petitive service, and in those units of the legislative and judicial 
branches of the Federal Government having positions in the competi-
tive service, and in the Library of Congress shall be made free from 
any discrimination based on race, color, religion, sex, or national 
'* ^ 
origin. 
" (b) Except as otherwise provided in this subsection, the Civil Serv- rufe^^^nd TeguL-
ice Commission shall have authority to enforce the provisions of sub- tions. 
section (a) through appropriate remedies, including reinstatement 
or hiring of employees with or without back pay, as will effectuate the 
policies of this section, and shall issue such rules, regulations, orders 
and instructions as it deems necessary and appropriate to carry out 
' 
' "
^ • 
its responsibilities under this section. The Civil Service Commission 
shall— 
"(1) be responsible for the annual review and approval of a ^J^^^^l'^^\^^'^ 
national and regional equal employment opportunity plan which ann^urfreview. 
each department and agency and each appropriate unit referred to 
in subsection (a) of this section shall submit in order to maintain 
an affirmative program of equal employment opportunity for all 
such employees and applicants for employment; 
112 
PUBLIC LAW 92-261-MAR. 24, 1972 
[86 STAT. 
Librarian of 
Congress, author-
ity. 
Progress re- 
t</£) be respoHsible for the review and evaluation of the opera-
ports, publication. 
x- 
:c 
n 
i 
i 
A. 
i^ 
• ^ 
• 
tion 01 all agency equal employment opportunity programs, peri-
odically obtaining and publishing (on at least a semiannual iDasis) 
progress reports from each such department, agency, or unit; and 
" (3) consult with and solicit the recommendations of interested 
individuals, groups, and organizations relating to equal employ-
ment opportunity. 
The head of each such department, agency, or unit shall comply with 
such rules, regulations, orders, and instructions which shall include a 
provision that an employee or applicant for employment shall be 
notified of any final action taken on any complaint o'f discrimination 
filed by him thereunder. The plan submitted by each department, 
agency, and unit shall include, but not be limited to— 
" (1) provision for the establishment of training and education 
programs designed to provide a maximum opportunity 
for 
employees to advance so as to perform at their highest potential; 
and 
" (2) a description of the qualifications in terms of training and 
experience relating to equal employment opportunity for the 
principal and operating officials of each such department, agency, 
or unit responsible for carrying out the equal employment oppor-
tunity program and of the allocation of personnel and resources 
proposed by such department, agency, or unit to carry out its 
equal employment opportunity program. 
"With respect to employment in the Library of Congress, authorities 
granted in this subsection to the Civil Service Commission shall be 
exercised by the Librarian of Congress. 
"(c) Within thirty days of receipt of notice of final action taken by 
a department, agency, or unit referred to in subsection 717(a), or by 
the Civil Service Commission upon an appeal from a decision or order 
of such department, agency, or unit on a complaint of discrimination 
based on race, color, religion, sex or national origin, brought pursuant 
to subsection (a) of this section, Executive Order 11478 or any suc-
ceeding Executive orders, or after one hundred and eighty days from 
the filing of the initial charge with the department, agency, or unit 
or with the Civil Service Commission on appeal from a decision or 
order of such department, agency, or unit until such time as final 
action may be taken by a department, agency, or unit, an employee or 
applicant for employment, if aggrieved by the final disposition of his 
complaint, or by the failure to take final action on his complaint, may 
file a civil action as provided in section 706, in which civil action the 
head of the department, agency, or unit, as appropriate, shall be the 
defendant. 
"(d) The provisions of section 706 (f) through (k), as applicable, 
shall govern civil actions brought hereunder. 
"(e) Nothing contained in this Act shall relieve any Government 
agency or official of its or his primary responsibility to assure non-
use prec. title i. discrimination in employment as required by the Constitution and 
statutes or of its or his responsibilities under Executive Order 11478 
relating to equal employment opportunity in the Federal Government." 
SEC. 12. Section 5108(c) of title 5, United States Code, is amended 
by— 
(1) striking out the word "and" at the end of paragraph (9) ; 
(2) striking out the period at the end of paragraph (10) and 
inserting in lieu thereof a semicolon and the word "and"; and 
(3) by adding immediately after paragraph (10) the last time 
it appears therein in the following new paragraph: 
42 u s e 2000e 
note. 
Ante, p. 104. 
78 Stat. 259. 
42 u s e 2000e-5. 
80 Stat. 453 
84 Stat. 1955. 
86 STAT. ] 
PUBLIC LAW 92-263-IVIAR. 24, 1972 
113 
"(11) the Chairman of the Equal Employment Opportunity 
Commission, subject to the standards and procedures prescribed 
by this chapter, may place an additional ten positions in the Equal 
Employment Opportunity Commission in GS-16, GS-17, and 
GS-18 for the purposes of carrying out title VII of the Civil 
Eights Act of 1964." 
SEC. 13. Title VII of the Civil Eights Act of 1964 (78 Stat. 253; 
42 U.S.C. 2000e et seq.) is further amended by adding at the end 
thereof the following new section: 
Ante, p. I l l , 
80 Stat, 384, 
"SPECIAL PROVISION WITH RESPECT TO DENIAL, TERMINATION, AND 
SUSPENSION OF GOVERNMENT CONTRACTS 
"SEC. 718. No Government contract, or portion thereof, with any 
employer, shall be denied, withheld, terminated, or suspended, by any 
agency or officer of the United States under any equal employment 
opportunity law or order, where such employer has an affirmative 
action plan which has previously been accepted by the Government 
for the same facility within the past twelve months without first 
according such employer full hearing and adjudication under the 
provisions of title 5, United States Code, section 554, and the following 
pertinent sections: Provided, 
That if such employer has deviated 
substantially from such previously agreed to affirmative action plan, 
this section shall not apply: Provided further, That for the purposes 
of this section an affirmative action plan shall be deemed to have been 
accepted by the Government at the time the appropriate compliance 
agency has accepted such plan unless within forty-five days thereafter 
the Office of Federal Contract Compliance has disapproved such 
plan." 
SEC. 14. The amendments made by this Act to section 706 of the 
Effective date. 
Civil Eights Act of 1964 shall be applicable with respect to charges 
^"'^' "• ^°'*-
pending with the Commission on the date of enactment of this Act 
and all charges filed thereafter. 
Approved March 24, 1972. 
Public Law 92-262 
AN ACT 
March 24,1972 
To continue until the close of September 30, 1973, the International Coffee 
[H. R. 8293] 
Agreement Act of 1968. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 302 of 
the International Coffee Agreement Act of 1968 (19 U.S.C. 1366f) is 84*stat!'2077!^' 
amended by striking out "July 1, 1971'' and inserting in lieu thereof 
"October 1,1973". 
Approved March 24, 1972. 
Public Law 92-263 
AN ACT 
March 24, 1972 
To authorize the Commissioner of the District of Columbia to enter into contracts 
[s. 1362] 
for the payment of the District's equitable portions of the costs of reservoirs 
on the Potomac River and its tributaries, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Commis-
sioner of the District of Columbia is hereby authorized to contract, 
D.C. 
Non-Federal 
reservoir costs, 
contract authority.