EFFECT ON STATE LAWS SEC. 708. (a) Nothing in this title shall be deemed to exempt or relieve a person from any liability, duty, penalty, or punishment provided by any pres or future law of any State or political subdivision of a State, other than any su law which purports to require or permit the doing of any act which would an unlawful employment practice under this title. (b) Where there is a State or local agency which has effective power to elimin and prohibit discrimination in employment in cases covered by this title, and Commission determines the agency is effectively exercising such power, the Co mission shall seek written agreements with the State or local agency under wh the Commission shall refrain from bringing a civil action in any cases or class cases referred to in such agreement. No person may bring a civil action un section 707 (c) in any cases or class of cases referred to in such agreement. Commission shall rescind any such agreement when it determines such ager no longer has such power, or is no longer effectively exercising such power. INVESTIGATIONS, INSPECTIONS, RECORDS 1 SEC. 709. (a) In connection with any investigation of a charge filed un section 707, the Commission or its designated representative may gather d regarding the practices of any person and may enter and inspect such places a such records (and make such transcriptions thereof), question such employ and investigate such facts, conditions, practices, or matters as may be appropri to determine whether the respondent has committed or is committing an unlaw employment practice, or which may aid in the enforcement of this title. (b) With the consent and cooperation of State and local agencies charged w the administration of State fair employment practices laws, the Commission m for the purpose of carrying out its functions and duties under this title and wit the limitation of funds appropriated specifically for such purpose, utilize services of State and local agencies and their employees and, notwithstanding a other provision of law, may reimburse such State and local agencies and th employees for services rendered to assist the Commission in carrying out this ti (c) Every employer, employment agency, and labor organization subject this title shall (1) make and keep such records relevant to the determinations whether unlawful employment practices have been or are being committ (2) preserve such records for such periods, and (3) make such reports therefro as the Commission shall prescribe by regulation or order as reasonable, necessa or appropriate for the enforcement of this title or the regulations or orders the under. The Commission shall, by regulation, require each employer, lab organization, and joint labor-management committee subject to this title wh controls an apprenticeship or other training program to maintain such records are reasonably necessary to carry out the purpose of this title, including, but i limited to, a list of applicants who wish to participate in such program, includ the chronological order in which such applications were received, and shall furn to the Commission, upon request, a detailed description of the manner in wh persons are selected to participate in the apprenticeship or other training progra Any employer, employment agency, labor organization, or joint labor-manageme committee which believes that the application to it of any regulation or or issued under this section would result in undue hardship it may (1) apply to Commission for an exemption from the application of such regulation or ord or (2) bring a civil action in the United States district court for the district wh such records are kept. If the Commission or the court, as the case may be, fir that the application of the regulation or order to the employer, employme service, or labor organization in question would impose an undue hardship, Commission or the court, as the case may be, may grant appropriate relief. INVESTIGATORY POWERS SEC. 710. (a) For the purposes of any investigation provided for in this ti the provisions of sections 9 and 10 of the Federal Trade Commission Act of S tember 16, 1914, as amended (15 U.S.C. 49, 50), are hereby made applicable the jurisdiction, powers, and duties of the Commission, except that the provisi of section 307 of the Federal Power Commission Act shall apply with respect utside the State where he is founu, resiues, or transacts business, anu te ion of evidence may not be required outside the State where such evidence he several departments and agencies of the Government, when directed President, shall furnish the Commission, upon its request, all records, and information in their possession relating to any matter before the sion. MENT PRACTICES OF GOVERNMENTAL AGENCIES AND OF CONTRACTORS 11. (a) The President is authorized and directed to take such action as he President is authorized to take such action as may be appropriate to the committing or continuing of an unlawful employment practice by a n connection with the performance of a contract with an agency or intality of the United States. NOTICES TO BE POSTED 712. (a) Every employer, employment agency, and labor organization, VETERANS' PREFERENCE 713. Nothing contained in this title shall be construed to repeal or modify leral, State, territorial, or local law creating special rights or preference for 3. RULES AND REGULATIONS 714. (a) The Commission shall have authority from time to time to issue, or rescind suitable regulations to carry out the provisions of this title. ions issued under this section shall be in conformity with the standards tations of the Administrative Procedure Act. any action or proceeding based on any alleged unlawful employment no person shall be subject to any liability or punishment for or on account he commission by such person of an unlawful employment practice if he and proves that the act or omission complained of was in good faith, in ity with, and in reliance on any written interpretation or opinion of the ssion, or (2) the failure of such person to publish and file any information 1 by any provision of this title if he pleads and proves that he published d such information in good faith, in conformity with the instructions of mission issued under this title regarding the filing of such information. defense, if established, shall be a bar to the action or proceeding, notwiththat (A) after such act or omission, such interpretation or opinion is or rescinded or is determined by judicial authority to be invalid or of no ect, or (B) after publishing or filing the description and annual reports, blication or filing is determined by judicial authority not to be in conwith the requirements of this title. FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES 15. The provisions of section 111, title 18, United States Code, shall apply rs, agents, and employees of the Commission in the performance of their duties. APPROPRIATIONS AUTHORIZED 716. There is hereby authorized to be appropriated not to exceed 000 for the administration of this title by the Commission during the SEC. 717. If any provision of this title or the application of such provision any person or circumstance shall be held invalid, the remainder of this title the application of such provision to persons or circumstances other than the to which it is held invalid shall not be affected thereby. SPECIAL STUDY BY SECRETARY OF LABOR SEC. 718. The Secretary of Labor shall make a full and complete study of t factors which might tend to result in discrimination in employment because age and of the consequences of such discrimination on the economy and individu affected. The Secretary of Labor shall make a report to the Congress not la than June 30, 1964, containing the results of such study and shall include in su report such recommendations for legislation to prevent arbitrary discriminati in employment because of age as he determines advisable. EFFECTIVE DATE SEC. 719. (a) This title shall become effective one year after the date of enactment. (b) Notwithstanding subsection (a), sections of this title other than sectio 704, 705, and 707 shall become effective immediately. (c) The President shall, as soon as feasible after the enactment of this ti convene one or more conferences for the purpose of enabling the leaders of grou whose members will be affected by this title to become familiar with the rig afforded and obligations imposed by its provisions, and for the purpose of maki plans which will result in the fair and effective administration of this title when of its provisions become effective. The President shall invite the participati in such conference or conferences of (1) the members of the President's Commit on Equal Employment Opportunity, (2) the members of the Commission on Ci Rights, (3) representatives of State and local agencies engaged in furthering eq employment opportunity, (4) representatives of private agencies engaged furthering equal employment opportunity, and (5) representatives of employe labor organizations, and empolyment agencies who will be subject to this title TITLE VIII REGISTRATION AND VOTING STATISTICS SEC. 801. The Secretary of Commerce shall promptly conduct a survey compile registration and voting statistics in such geographic areas as may recommended by the Commission on Civil Rights. Such a survey and compi tion shall, to the extent recommended by the Commission on Civil Rights, inclu a count of persons of voting age by race, color, and national origin, and a deter nation of the extent to which such persons are registered to vote, and have vot in any statewide primary or general election in which the Members of the Uni States House of Representatives are nominated or elected, since January 1, 19 Such information shall also be collected and compiled in connection with Nineteenth Decennial Census, and at such other times as the Congress m prescribe. TITLE IX-PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CAS SEC. 901. Title 28 of the United States Code, section 1447 (d), is amended read as follows: "An order remanding a case to the State court from which it was removed not reviewable on appeal or otherwise, except that an order remanding a case the State court from which it was removed pursuant to section 1443 of this ti shall be reviewable by appeal or otherwise." TITLE X-MISCELLANEOUS SEC. 1001. Nothing in this Act shall be construed to deny, impair, or otherw affect any right or authority of the Attorney General or of the United States any agency or officer thereof under existing law to institute or intervene in a action or proceeding. 003. If any provision of this Act or the application thereof to any person mstance is held invalid, the remainder of the Act and the application of ision to other persons or circumstances shall not be affected thereby. ndment No. 2: Amend the title so as to read: to enforce the constitutional right to vote, to confer jurisdiction upon the courts of the United States to provide injunctive relief against discriminapublic accommodations, to authorize the Attorney General to institute protect constitutional rights in public facilities and public education, to he Commission on Civil Rights, to prevent discrimination in federally programs, to establish a Commission on Equal Employment Opportunity, other purposes. PURPOSE AND CONTENT OF THE LEGISLATION bill, as amended, is designed primarily to protect and provide ffective means to enforce the civil rights of persons within sdiction of the United States. In furtherance of these objectives 1: (1) provides for the appointment of a three-judge district n voting suits and for the expeditious determination of such and also provides against the discriminatory use of literacy Federal elections; (2) prohibits discrimination in enumerated establishments; (3) authorizes the Attorney General to initiate o desegregate public facilities, other than public schools, and vene in suits charging deprivation of equal protection of the 1) authorizes the Attorney General to initiate suits to desegreblic schools; (5) makes the Civil Rights Commission a permagency; (6) prohibits discrimination in any Federal financial ce program; (7) establishes a Federal Equal Employment ssion designed to eliminate discriminatory employment pracv business, labor unions, or employment agencies; (8) provides compilation of registration and voting statistics by race, nd national origin; (9) makes a remand of a civil rights case Federal court back to a State court reviewable on appeal. HISTORY OF THE LEGISLATION 7 in the 88th Congress a substantial number of broad civil diciary subcommittee conducted hearings on 172 bills which July 10 rights b Judicia No. 4). Duri subjects congress of Cong Health, Commis Opportu represen this legis a reason Those w submit Upon session a subcomm ing claus substitu Judiciar The s Commit During the course of these hearings, the testimony related to all t subjects of the legislative proposals. The witnesses included t congressional authors of the proposals; other Members of both Hous of Congress; the Attorney General; the Secretaries of Labor and Health, Education, and Welfare; representatives of the Civil Righ Commission; and of the President's Committee on Equal Employme Opportunity, State and local officials, private citizens, as well representatives of various organizations specifically concerned wi this legislation. The subcommittee afforded to all who were interest a reasonable opportunity to present their views on the proposa Those who did not appear personally were given an opportunity submit any relevant matter for the record. Upon conclusion of the hearings, the subcommittee met in executi session a total of 17 days to consider the legislation. Thereafter t subcommittee struck out of H.R. 7152, as amended, all after the ena ing clause and inserted in lieu thereof an amendment in the nature o substitute. The amended version was recommended to the f Judiciary Committee. The substitute version of the legislation before the full Judicia Committee contained 11 titles. Briefly, these were: (I) Voting rights; (II) Injunctive relief against discrimination in public acco modations; (III) Authorization to the Attorney General to institute ci proceedings to protect against the deprivation of rights; (IV) Desegregation of public education and other pub facilities; (V) Establishment of a Community Relations Service; (VI) Permanent extension of the Civil Rights Commission; (VII) Nondiscrimination in federally assisted programs; (VIII) Creation of a Federal Equal Employment Opportuni Commission; (IX) Provision for the compilation of registration and voti statistics according to race, color, and national origin; (X) Provision for review of an order remanding a civil righ case from a Federal court back to a State court; and (XI) A general separability provision and a general appropr tions authorization. The full Judiciary Committee in its deliberation and considerati of the bill, H.R. 7152, adopted an amendment in the nature of substitute. This substitute retained amended titles on voting right public accommodations; authorization to the Attorney General intervene in or initiate certain civil rights suits; desegregation of pub education; permanent extension of the Civil Rights Commissio nondiscrimination in federally assisted programs; creation of a Feder Equal Employment Opportunity Commission; compilation of reg tration and voting statistics according to race, color, and nation origin; a separability provision; and general appropriation_authoriz tion. The substitute deleted the title establishing a Communi 25-610-63-2 |