"(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 Rights Act of 1964." SEC. 14. The amendments made by this Act to section 706 of the Civil Rights 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.

SUBCOMMITTEE ON EQUAL OPPORTUNITIES COMMITTEE ON EDUCATION AND LABOR

PENDING LEGISLATION WHICH WOULD BROADEN THE JURISDICTION OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION-SEPTEMBER 11, 1974

H.R. 388. Mr. Collier-To amend the equal employment opportunity provisions of the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate in employment because of a person's over-qualification for the job.

H.R. 2141. Mr. Reid-To further promote equal employment opportunities for American workers.

H.R. 2576. Mr. Dellums-To amend the Age Discrimination in Employment Act of 1967 to extend the protection of that Act to employees of States and their political subdivisions.

H.R. 2685. Mr. Hicks-To amend the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against individuals who are physically handicapped because of such handicap.

H.R. 4840. Mr. Pickle-To amend the Age Discrimination in Employment Act of 1967 to provide for the nondiscrimination on account of age in government employment, and in Federal Government employment.

H.R. 5361. Mr. Roybal-To amend title VII of the Civil Rights Act of 1964 to protect the employment rights of the elderly.

H.R. 5882. Mr. Roe-To amend title VII of the Civil Rights Act of 1964 to protect the employment rights of the elderly.

H.R. 7956. Mr. Lehman-To amend the Age Discrimination in Employment Act of 1967 to increase coverage under that Act, and for other purposes.

H.R. 10960. Mr. Tiernan-To prohibit discriminatory employment practices with respect to physically handicapped persons.

H.R. 10970. Mr. Delluums-To amend the Civil Rights Act of 1964 to eliminate employment discrimination on the basis of military discharge status.

H.R. 11583. Mr. Derwinski-To amend the Age Discrimination in Employment Act of 1967 to remove the sixty-five-year age limitation.

H.R. 11986. Mr. Hicks (for himself, Mr. Addabo, Mr. Badillo, Mr. Burgener, Mrs. Chisholm, Mr. Clay, Mrs. Collins of Ill., Mr. Cronin, Mr. Dominick, V. Daniels, Mr. Denholm, Mr. Derwinski, Mr. Eilberg, Mr. Harrington, Mr. Hawkins, Mr. Helstoski, Mr. Lehman, Mr. Litton, Mr. Long of Md., Mr. Mazzoli, Mr. Mitchell of Md., Mr. Moakley, Mr. Murphy of Ill., Mr. Podell, Mr. Robison of N.Y. and Mr. Roe)-To amend the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against individuals who are physically handicapped because of such handicap.

H.R. 12654. Mr. O'Brien-To amend the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against individuals who are physically handicapped because of such handicap.

H.R. 12916. Mr. Moakley-To amend the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against individuals who are physically handicapped because of such handicap.

H.R. 13104. Mr. Dellums (for himself, Mr. Aspin, Mr. Badillo, Mr. Clay, Mr. Conyers, Mr. Drinan, Mr. Edwards of Calfi., Mr. Fraser, Mr. Harrington, Mr. Hawkins, Mr. Leggett, Mr. Lehman, Mr. Mitchell of Md., Mr. Moakley, Mr. Nix, Mr. Pepper, Mr. Rosentha Mr. Stark, Mr. Won Pat, and Mr. Young of Ga.)-To amend the Civil Rights Act of 1964 to eliminate employment discrimination on the basis of military discharge status.

H.R. 13199. Mr. Hicks (for himself, Mr. Addabbo, Mr. Badillo, Mr. Burgener, Mrs. Chisholm, Mr. Clay, Mrs. Collins of Ill., Mr. Cronin, Mr. Dominick V. Daniels, Mr. Denholm, Mr. Derwinski, Mr. Eilberg, Mr. Harrington, Mr. Hawkins, Mr. Helstoski, Mr. Lehman, Mr. Litton, Mr. Long of Md., Mr. Mazzoli, Mr. Mitchell of Md., Mr. Moakley, Mr. Murphy of Ill., Mr. Podell, Mr. Robison of N.Y., and Mr. Roncallo of N.Y.)-To amend the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against individuals who are physically disabled because of such disability.

H.R. 14797. Mr. Biaggi-To amend the Civil Rights Act of 1964 to include as an unlawful employment practice discrimination against an individual by any employer, employment agency, or labor organization because of the individual's prior drug abuse, and for other purposes.

H.R. 15805. Mr. Gilman-To amend the Age Discrimination in Employment Act of 1967 to remove the sixty-five-year age limitation.

42-235-75-18

H.R. 15821. Mr. Cochran-To amend title VII of the Civil Rights Act of 1964 (relating to equal employment opportunity) to make certain changes in the procedures established for determining violations of the provisions of title VII. H.R. 15826. Mr. Findley-To terminate age discrimination in employment.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Washington, D.C., July 10, 1974.

Hon. AUGUSTUS F. HAWKINS,
Chairman, Subcommittee on Equal Opportunities, Committee on Education
and Labor, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Chairman Powell has asked me to send to you the enclosed copy of his report dated February 1, 1974, to Senator Harrison A. Williams, Chairman of the Senate Committee on Labor and Public Welfare. We regret that this enclosure was inadvertently omitted from the Chairman's communication to you of July 1.

Sincerely,

Enclosure.

SIDNEY A. WEXLER,

Deputy Director of Congressional Affairs.

FEBRUARY 1, 1974.

Hon. HARRISON A. WILLIAMS, Jr.,

Chairman, Committee on Labor and Public Welfare, U.S. Senate, Washington,
D.C.

Chairman, Committee on Labor and Public Welfare,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This is with further reference to your letter to me of December 10, 1973, and more particularly to question Number 2 therein, concerning my plans to reduce the Commission's backlog of charges.

We recognize that a large backlog delays justice to individual complaintants and impairs the daily operating efficiency of all Commission activities. Accordingly, since taking office on January 3, I have begun an intensive study of the Commission's backlog.

What follows is a preliminary report on the present status of the backlog and my plans to reduce the Commission's backlog of charges.

Attachment A shows the size, regional location, and processing stage of the backlog as of December 31, 1973. Despite substantial increases in compliance productivity during Fiscal 1973 and the first two quarters of Fiscal 1974, the best we have been able to do to date is to reduce the rate of increase in backlog from month to month and quarter to quarter. The decrease in rate of backlog growth is illustrated in Attachment B.

This rate of progress is not adequate. I have directed, therefore, that a number of actions be taken immediately.

First, since reliability and timeliness of information on the backlog are major factors affecting our ability to plan and execute corrective action, I have requested a number of additional computer runs during the next several weeks to provide additional detail, answer specific questions which have been developed during this first 30 days, and to verify the accuracy of our present data.

Second, there appear to be several key areas in the compliance process where we can begin rapidly to effect a start in backlog reduction. These include:

(1) The charge intake and screening function (pre-investigation analysis carried out in the District Office), which at this early stage of my review and analysis does not appear adequately staffed and controlled:

(2) Accurate and timely reporting of charge numbers and their status in the administrative process:

(3) Training-identification of training requirements and the employment of mechanisms designed to satisfy such requirements:

(4) Improvements in the efficiency of our investigative process so as to strengthen its quality and responsiveness to litigation requirements: and (5) The design of specific solutions for those offices with the largest and oldest backlog.

Third, I have tentatively concluded that while there certainly is potential for compliance improvement in meeting and overcoming the backlog problem, it also appears that totally new approaches and systems must be developed to assist

both in the elimination of this problem over the longer term and in the prevention of its recurrence.

Such new approaches and systems might include preventive mechanisms developed and operated by the Commission Office of Voluntary Programs which could "head off" charges before they get into the compliance process. Other possible approaches include:

Resolution of large numbers of new charges under pre-existing conciliation agreements and decrees or through newly-developed grievance machinery;

Large numbers of completions and resolutions achieved either through (a) State deferrals or (b) improved coordination with other Federal agencies; and Pre-investigation settlement where the facts are stipulated.

These potential alternatives would, of course, be developed and employed in a manner consistent with the rights afforded to charging parties under Title VII. Through the Executive Director, I have established a priority effort in each of the Commission's program offices charging them with the responsibility to design and implement short term programs to bring about immediate impact in our backlog situation as well as to study, recommend, and implement longer term solutions to the backlog problem. Internal Commission resources will be reprogrammed where necessary so that this problem continues to receive the highest priority. The Executive Director will provide me with periodic reports on progress and results.

Finally, we are taking steps toward improving and developing the Commission's information systems. This is a prerequisite to the achievement of the many goals of mutual concern to you, Senator Javits and the other members of your Committee, as well as to this Commission.

I will be happy to discuss this report with you or members of the Committee staff.

Sincerely,

Charges received jumped significantly (3,353 charges) in the third quarter, far outstripping charges resolved which only increased by 1207 charges. Charges received have hovered around third quarter levels since then, while charges resolved have continued to increase thus reducing the size of the increase in backlog.

Finally, we are taking steps toward improving and developing the Commission's information systems. This is a prerequisite to the achievement of the many goals of mutual concern to you, Senator Javits and the other members of your Committee as well as to this Commision.

I will be happy to discuss this report with you or members of the Committee staff.

Sincerely,

JOHN H. POWELL, Jr., Chairman.

JUNE 28, 1974.

Hon. HARRISON A. WILLIAMS, Jr.,

Chairman, Committee on Labor and Public Welfare,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: In your letter to me of December 10, 1973, you requested that I outline my plans to eliminate or reduce the Commission's backlog of