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ter may take no action until 60 days after commencement of proceedings in the appropriate State or local agency (120 days if a new agency). The latter proceeding shall be deemed to have commenced at the time a written statement of the facts is sent to such agency by certified mail.

Section 706 (d).-Comparable to present Section 706 (c).

Section 706 (e).-Comparable to present Section 706 (d). The 90 day filing period is expanded to 180 days, and the 210 day period to 300 days (or 30 days after receiving notice of termination of proceedings, whichever comes earlier). Provision is added requiring that a copy of the charge be served on the respondent as soon as practicable after filing.

Section 706 (f).-Comparable to present Section 706(e). After attempting to secure voluntary compliance under subsection (b), if the Commission determines (which determination is not reviewable in any court) that it is unable to secure from the respondent a conciliation agreement acceptable to the Commission and the person aggrieved, the Commission shall issue and cause to be served upon the respondent a complaint stating the facts upon which the allegation of the unlawful employment practice is based, together with a notice of hearing before the Commission, or a member or agent of it, at a specified place not less than 5 days after service of the complaint and notice. Any member of the Commission who filed a charge in any case shall not participate in a hearing on any complaint arising out of such charge, except as a witness.

Section 706 (g).-New Section. Respondent has the right to file an answer to the complaint and with the Commission's permission, may amend his answer at any time if deemed reasonable. Respondent and the person aggrieved shall be parties and may appear at any stage of the proceedings with or without counsel. The Commission may grant others the right to intervene or file briefs or make oral arguments as amicus curiae, or for other purposes as it considers appropriate. All testimony shall be taken under oath and shall be reduced to writing. Section 706(h).-New Section. If the Commission finds that respondent has engaged in an unlawful employment practice, the Commission shall state its findings of fact and shall issue and cause to be served upon the respondent and aggrieved person an order requiring the respondent to cease and desist from such unlawful employment practice and take such affirmative action (including reinstatement or iring with or without back pay) as will effectuate the policies of the Act. Interim earnings or amounts earnable with reasonable diligence operate to reduce the backpay otherwise allowable. Such order may further require the respondent to make reports from time to time showg the extent to which he has complied with the order. If the Commission finding is that no unlawful employment practice occurred, it shall state its findings of fact and so notify the respondent and complainant of an order dismissing the complaint.

Section 706 (i)-New Section. After a charge has been filed and til the record has been filed in court, the proceedings may at any time be ended by agreement between the Commission and the parties and the Commission may at any time, upon reasonable notice, modify set aside, in whole or in part, any order or finding issued or made by

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it. An agreement approved by the Commission shall be enforceable u der subsection (k).

Section 706(i)-New Section. Findings of fact or orders made d issued under subsection (b) or (i) shall be determined on the recor ·Section 706 (k).-New Section. The Commission may petition an U.S. Court of Appeals wherein whose circuit the unlawful employ ment practice occurred or wherein respondent resides or transacts bus ness, for enforcement of its order and for appropriate temporar relief or restraining order. The Commission shall file in the court th record of its proceedings as provided in section 2112 of title 28 the U.S. Code. Upon serving notice on the parties, the court shall ha jurisdiction and the power to grant such temporary relief, restrai ing order, or other order as it deems just and proper and enter up the record a decree enforcing, modifying, and enforcing as so modifi or setting aside in whole or in part the order of the Commission. objection that has not been urged before the Commission, its membe or its agent shall be considered by the court except under extraordina circumstances. The findings of the Commission with respect to que tions of fact shall be conclusive if supported by substantial evidence the record considered as a whole. The court may order additional ey dence to be taken by the Commission, which may then modify its fa findings. Upon the filing of the record with it, the jurisdiction of t court shall be exclusive and its judgment and decree final, subject on to review by the Supreme Court.

Section 706 (1).-New Section. Any party aggrieved by a final ord of the Commission may obtain review of such order in any U.S. Cou of Appeals in the circuit wherein the unlawful employment practi was alleged to have been engaged in or wherein such person resides transacts business, or in the D.C. Court of Appeals. Upon receivi a copy of such petition, the Commission shall file in the court t record of its proceedings, and the court shall then proceed in the sar manner as in the case of a petition by the Commission under subs tion (k). Commencement of proceedings under this subsection or su section (k) shall not operate as a stay of the Commission's ord Section 706 (m).-New Section. The provisions of 29 U.S.C. 10 115 with respect to preliminary injunctions are made inapplicable judicial proceedings under the Title.

Section 706(n)-New Section. The general counsel of the Co mission shall conduct all litigation affecting it, or to which it is a par except that the Attorney General shall conduct all litigation to whi the Commission is a party in the Supreme Court.

Section 706 (o).-New Section. When after the filling of a char the Commission concludes on the basis of a preliminary investigati that prompt judicial action is necessary to preserve the power of t Commission to grant effective relief, it may bring an action for app priate temporary or preliminary relief in the district court for district where the unlawful employment practice is alleged to ha been committed, or in the district where the aggrieved person wo have been employed, or if the respondent cannot be found in these d tricts, in the district where the respondent has his principal office. U the bringing of such action, the district court may grant such inju tive relief or temporary restraining order as it deems just and prop as governed by Rule 65 of the Federal Rules of Civil Procedures.

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Section 5. Records Required To Be Kept and Investigations

Section 707 (c).-New Section. Any record or paper required by section 709 (c) shall be made available to the Commission on written. demand, for purposes of inspection and copying, but unless otherwise ordered by a court of the United States, the Commission shall not disclose any information thus obtained except to Congress or any committee thereof, a governmental agency, or in the presentation of any case or preceding before any court or grand jury. The appropriate district court may compel the production of such records or papers. Section 707(d).-Transfers the function of the Attorney General with respect to patterns or practice of resistance to the full enjoyment of the rights secured by Title VII, together with personnel, property, records and funds, to the Commission.

Section 707 (e).-Provides for continuation by the Commission of pending proceedings brought by the Attorney General under Section

707.

Section 707 (f).-Assimilates procedures for new proceedings brought under Section 707 to those now provided for under Section 706 so that the Commission may provide an administrative procedure to be the counterpart of the present Section 707 action.

Section G. State and Local Agencies, Recordkeeping

Section 709(b).-Comparable to present Section 709 (b). The contracts to State and local agencies language is enlarged to include Commission contributions to research and other projects of mutual interest, and payment to State and local agencies may be made in advance as well as in reimbursement. The provisions concerning agreements whereby no civil actions may be brought is omitted. The power of the Commission to rescind any agreement no longer serving the interest of effective enforcement is retained.

Section 709 (c).-The Section 709 (d) reporting exemption is deleted, and the hardship language is changed to require that persons or organizations alleging hardship must exhaust the relief processes provided by the Commission before applying for relief in the district

Court.

Section 709 (d).-Deletes the present subsection, and in its place proides that the Commission shall consult with other interested State and Federal agencies and shall endeavor to coordinate its requirements. with those of such other agencies. The Commission shall furnish information obtained pursuant to subsection (c) of this section without st to any State or local FEPC on request, except that public dislosure of such information provided on the part of such State or incal agency prior to the institution of a proceeding under State or local law shall be grounds for declining to honor subsequent requests pursuant to this subsection.

Section 7. Commission Investigations

Section 710.-Comparable to present Section 710. Incorporates the provisions of section 11 of the NLRA (29 U.S.C. 161). The CommisSon shall have access to and the right to copy evidence of a person beg investigated or proceeded against that relates to the matter under investigation or in question. It shall issue subpenas to parties on application requiring the presence and testimony of witnesses and the

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production of evidence as specified in such application. Within 5 days of service, the person served may petition the Commission to revoke its subpena on grounds that the evidence sought is not relevant to the matter in question. Attendance of witnesses and the production of evidence may be required from any place in the United States or its possessions, and any Federal court with jurisdiction may enforce such subpenas by order. Witnesses may not refuse to answer questions on grounds of self incrimination, but may not be subsequently proceeded against on the basis of information thus gained. Complaints, orders and other processes may be served personally or by registered mail or telegraph, or by leaving a copy at the principal office of the person to be served. No subpena shall be issued to any party to a proceeding before the Commission until after the respondent has been served a copy of the complaint and notice of hearing under section 706 (f). Witnesses and persons making depositions shall receive the same mileage and fees as witnesses and persons making depositions in the district

courts.

Section 8. Selection Procedures, Apprenticeship Programs,

Commission Organization

Section 703(a) (2).—Comparable to present Section 703 (a)(2). Adds "or applicants for employment" after "employees."

Section 703(c) (2).-Comparable to present Section 703 (c) (2). Adds "or applicants for membership" after "membership."

Section 703 (h).-Comparable to present Section 703 (h). Retains the seniority and merit system language, but changes the testing provisions to stipulate that such tests must be directly related to the determination of bona fide occupational qualifications reasonably necessary to perform the normal duties of the particular position concerned. The provision prohibiting tests designed or used to discriminate on the basis of race, color, religion, national origin, or sex is retained.

Section 704(a) and (b).-Comparable to present Section 704(a) and (b). Adds 'or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs"; after "employment agency."

Section 705 (a).-Comparable to present Section 705 (a). Amends the Section to include "members of the Commission shall continue to serve until their successors are appointed and qualified," provided that no such member shall continue to serve for more than 60 days when the Congress is in session unless a nomination to fill the vacancy has been submitted to the Senate, or after the adjournment sine die of the session of the Senate in which such nomination was submitted. The section also adds "hearing examiners" to the appointments the Chairman may make in accordance with title 5, U.S.C. on behalf of the Commission, and provides that assignment, removal and compensation of such hearing examiners shall be in accordance with sections 3105, 3344, 5362, and 7521 of title 5, U.S.C. Section 3105 provides for the appointment of the necessary number of hearing examiners, requires that they be assigned to cases in rotation, and stipulates that they may not be assigned duties that are inconsistent with their position as hearing examiners. Section 3344 authorizes an agency's use of hearing examiners from other agencies as selected by the Civil Service Commission if the borrowing agency is short staffed. Section 5362 states

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that such hearing examiners are entitled to the pay prescribed by the Civil Service Commission for them independently of agency recommendations or ratings, in accordance with subchapter III and chapter 51 of title 5, U.S.C. Section 7521 allows removal of hearing examiners only for good cause established and determined by the Civil Service Commission on the record after hearing.

Section 705 (g) (1).-Comparable to present Section 705 (g) (1). Adds "and to accept voluntary and uncompensated services, notwithstanding that provisions of section 3679 (b) of the Revised Statutes" after the word "individuals."

Section 705 (g) (6).—Comparable to present Section 706 (g) (6). Substitutes Section "715" for Section "706."

Section 713(c) and (d).-New subsections. Authorizes the Commission to delegate its powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting to such persons as the Commission may designate by regulation, with certain exceptions. The exceptions concern the power to issue cease and desist orders, the power to modify or set aside findings under subsections (i) and (k) of Section 706, certain aspects of the rulemaking powers, and the power to enter into or rescind agreements with State and local agencies as provided in subsection (b) of Section 709. The Commission is specifically not authorized to provide for persons other than those referred to in section 556, subsection (b), clauses (2) and (3) of title 5, U.S.C. to conduct any hearing to which that section applies. New subsection (d) authorizes the Commission to delegate to any group of three or more of its members any or all of the powers which it may itself exercise.

Section 714.-Comparable to present Section 714. Adds section 1114 of title 18, U.S.C. (murder of Commission employees).

Section 715.-New Section, comparable in part to present Section 706. Deletes the provisions of the present Section 715, which called for a 1965 study of discrimination because of age, provides that if the Commission dismisses a charge after a preliminary investigation indicates no cause, or on grounds of lack of jurisdiction, or if after 180 days from the filing of a charge the Commission has not made a finding of no reasonable cause or entered into a conciliation agreement acceptable to the Commission and to the person aggrieved, the Commission shall notify the aggrieved party, and within 60 days of such notification such party may bring a civil action against the respondent named in the charge. The court may upon application appoint an attorney for such complainant, and may dispense with the payment of fees, costs, or security. It may also permit the Commission to intervene if it certifies that the cause is of general public importance. Upon the commencement of such action the Commission is divested of jurisdiction over the proceeding and may take no further action, except that the court may in its discretion stay further proceedings for not longer than 60 days pending termination of State or local proceedings, or the efforts of the Commission to obtain voluntary compliance. Subsections (b) and (c) retain the procedural provisions of present Section 706, subsections (f) and (g), while subsections (d), (e), and (f) duplicate Section 706, subsections (i), (j) and (k), the latter subsection modified to delete the exceptions of the Commission and the

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