added that nothing said or done during the conciliation endeavors may be made public by the Commission without consent of the parties. There is a criminal penalty for any officer or employee of the Commission who violates this requirement. (See pages 3018 and 3003 for explanations of these changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.))

(b) In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings 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 terminated, 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.

(c) 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_prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute 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.

(d) A charge under subsection (a) shall be filed within ninety days. after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten 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, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

(e) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) (except that in either case such period may be extended to not more than sixty days upon a determination by the Commission that further efforts to secure voluntary compliance are

warranted), the Commission has been unable to obtain voluntary compliance with this title, the Commission shall so notify the person aggrieved and a civil action may, within thirty days thereafter, be brought against the respondent named in the charge (1) by the person claiming to be aggrieved, or (2) 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 circumstances 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 Attorney General to intervene in such civil action if he certifies 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 subsection (b) or the efforts of the Commission to obtain voluntary compliance.

EDITORS' NOTE: Subsections (b) and (c) in the House bill were substantially modified by the Dirksen-Mansfield substitute in the Senate and were replaced by Subsections (b), (c), (d), and (e). The modifications, it was pointed out, took into account the many States which have State or local FEP laws. Subsections (b) and (c) provide for deferral to state or local agencies for 60 or 120 days; Subsection (d) specifies time limits for filing charges where (1) there is no State or local law and (2) where there is such a law. Subsection (e) provides for filing of a court action by a person aggrieved after efforts by the Commission to obtain voluntary compliance have failed. (See pages 3003 and 3018 for explanations of these changes by Senator Humphrey (D., Minn.) and Senator Dirksen (R., Ill.))

(f) 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 plaintiff 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 district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial 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.

EDITORS' NOTE: The Dirksen Mansfield substitute in the Senate revised the venue provisions in the bill passed by the House. The House bill provided for suit either in the district in which the unlawful employment practice occurred or in the district in which the res pondent's principal office is located. (See pages 3006 and 3018 for explanations of this change by Senator Humphrey (D., Minn.) and Senator Dirksen (R., Ill.))

(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 reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice). 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 reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused 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).

EDITORS' NOTE: The Dirksen-Mansfield substitute in the Senate modified this Section to require a showing of "intentional" violation. in order to obtain relief. This was described as a "clarifying" change. The Section also was amended to add ''sex' to the forbidden bases of discrimination and thus correct an oversight in the House bill. See pages 3019 and 3006 for explanations of these changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.)

(h) The provisions of the Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes," approved March 23, 1932 (29 U.S.C. 101-115), shall not apply with respect to civil actions brought under this section.

EDITORS' NOTE: This Section exempting proceedings under Title VII from the Norris-LaGuardia Anti-Injunction Act was in the bill reported by the House Judiciary Committee and was not changed in the House or Senate. See page 2012.

(i) In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under subsection (e), the Commission may commence proceedings to compel compliance with such order.

EDITORS' NOTE: The Dirksen-Mansfield substitute in the Senate added this Section to give the Commission authority to go to court to seek compliance with a court order previously issued under Title VII. A Section in the House bill relating to the use of masters was deleted, leaving the provisions of the Federal Rules of Civil Procedure governing the use of masters as controlling. (See pages 3019 and 3007 for explanations of these changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.).)

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

EDITORS' NOTE: Subsection (j) was added by the DirksenMansfield substitute in the Senate. Subsection (k) was expanded by the substitute to permit a court to award the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs and to make both the Commission and the United States liable for costs. (See pages 3019 and 3007 for explanations of these changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.))

SEC. 707. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it 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 immediately 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.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

EDITORS' NOTE: Section 707 was a new section added by the Dirksen-Mansfield substitute in the Senate authorizing suits by the Attorney General where there is a "pattern or practice of resistance” to full enjoyment of rights guaranteed by Title VII. (See pages 3019 and 3004 for explanations of this change by Senator Dirksen (R., Ill) and Senator Humphrey (D., Minn.).)

EFFECT ON STATE LAWS

SEC. 708. Nothing in this title shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this title.

EDITORS' NOTE: As passed by the House, Section 708 contained Subsections (a) and (b), the Dirksen Mansfield in the Senate, however, deleted Subsection (b), which provided for the ceding of federal jurisdiction to state or local agencies This was replaced by Section 706, which gives state or local agencies exclusive jurisdiction for a limited period of time. (See pages 3018 and 3006 for explanations of this change by Senator Dirksen (R. Ill) and Senator Humphrey (D., Minn.).)

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES

SEC. 709. (a) In connection with any investigation of a charge filed under section 706, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this title and is relevant to the charge under investigation.

EDITORS' NOTE: The broad inspection and investigation provision in the bill passed by the House was narrowed by the DirksenMansfield substitute in the Senate to limit the authority to the examination and copying of evidence that relates to unlawful employment practices covered by Title VII and that is revelant to the charge under investigation. (See pages 3019 and 3006 for explanation s of this change by Senator Dirksen (R., Ill.) and Senator Humphrey (D.,, Minn.).)

(b) The Commission may cooperate with State and local agencies charged with the administration of State fair employment practices