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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, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist the Commission in carrying out this title. In furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements and under which no person may bring a civil action under section 706 in any cases or class of cases so specified, 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 agreement no longer serves the interest of effective enforcement of this title.
EDITORS' NOTE: Subsection (b) was revised by the DirksenMansfield substitute in the Senate. Among other things, the revision provided that the Commission may cooperate with state and local agencies as well as use their services on a reimbursable basis. A provision was added to permit the Commission to enter into agreements with such state or local agencies to refrain from processing a charge in any case or class of cases specified in such an agreement. (See pages 3019 and 3007 for explanations of these changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.).)
(c) Except as provided in subsection (d), every employer, employment agency, and labor organization 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 regulations 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 purpose of this title, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received, and shall 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 (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) 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 organ
ization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief.
EDITORS' NOTE: Subsection (c) was in the bill reported by the House Judiciary Committee and adopted by the House. (See page 2030 for a discussion of this subsection in the House Judiciary Committee's Report.) The Senate made no change in Subsection (c), except as it was superseded by a new Subsection (d). (See page 3019 and 3004 for explanations of this change by Senator Dirksen (R., m.) and Senator Humphrey (D., Minn.).)
(d) The provisions of subsection (c) shall not apply to any employer, employment agency, labor organization, or joint labormanagement committee with respect to matters occurring in any State or political subdivision thereof which has a fair employment practice law during any period in which such employer, employment agency, labor organization, or joint labor-management committee is subject to such law, except that the Commission may require such notations on records which such employer, employment agency, labor organization, or joint labor-management committee keeps or is required to keep as are necessary because of differences in coverage or methods of enforcement between the State or local law and the provisions of this title. Where an employer is required by Executive Order 10925, issued March 6, 1961, or by any other Executive order prescribing fair employment practices for Government contractors and subcontractors, or by rules or regulations issued thereunder, to file reports relating to his employment practices with any Federal agency or committee, and he is substantially in compliance with such requirements, the Commission shall not require him to file additional reports pursuant to subsection (c) of this section.
EDITORS' NOTE: Subsection (d) was added by the Dirksen Mans field substitute in the Senate to minimize duplication of record keeping. (See pages 3019 for an explanation of this change by Senator Dirksen (R. III.).)
(e) It shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section prior to the institution of any proceeding under this title involving such information. Any officer or employee of the Commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than one year.
EDITORS' NOTE: Subsection (e) was inserted by the DirksenMansfield substitute in the Senate. (See page 3019 for an explanation of the change by Senator Dirksen (R., Ill.).)
SEC. 710. (a) For the purposes of any investigation of a charge filed under the authority contained in section 706, the Commission
shall have authority to examine witnesses under oath and to require the production of documentary evidence relevant or material to the charge under investigation.
(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709 (a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.
(c) Within twenty days after the service upon any person charged under section 706 of a demand by the Commission for the production of documentary evidence or for permission to examine or to copy evidence in conformity with the provisions of section 709(a), such person may file in the district court of the United States for the judicial district in which he resides, is found, or transacts business, and serve upon the Commission a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person. No objection which is not raised by such a petition may be urged in the defense to a proceeding initiated by the Commission under subsection (b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty-day period, or unless the court determines that the defendant could not reasonably have been aware of the availability of such ground of objection.
(d) In any proceeding brought by the Commission under subsection (b), except as provided in subsection (c) of this section, the defendant may petition the court for an order modifying or setting aside the demand of the Commission.
EDITORS' NOTE: Section 710 was revised substantially by the Dirksen-Mansfield substitute in the Senate. The revision narrowed the investigative powers given to the Commission by the bill passed by the House. (See pages 3019 and 3007 for explanations of the changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.).)
SEC. 711. (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for
employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint.
(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.
EDITORS' NOTE: The notice-posting provisions were modified by the Dirksen-Mansfield substitute in the Senate to specify the contents of the notices to be posted and to reduce the maximum penalty for violation from $500 to $100. (See pages 3020 and 3007 for explanations of these changes by Senator Dirksen (R., Ill.) and Senator Humphrey (D., Minn.).)
SEC. 712. Nothing contained in this title shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.
EDITORS' NOTE: Section 712 was in the bill reported by the House Judiciary Committee and adopted by the House as Section 713. It was renumbered by the Dirksen-Mansfield substitute in the Senate, but was not changed.
RULES AND REGULATIONS
SEC. 713. (a) The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this title. Regulations issued under this section shall be in conformity with the standards and limitations of the Administrative Procedure Act.
(b) In any action or proceeding based on any alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any information required by any provision of this title if he pleads and proves that he failed to publish and file such information in good faith, in conformity with the instructions of the Commission issued under this title regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.
EDITORS' NOTE: Section 713, authorizing the Commission to is sue regulations and providing a good-faith defense for reliance on interpretations or opinions of the Commission, was in the House bill
as Section 714. The Dirksen-Mansfield compromise renumbered the section and limited the authority to issue regulations to "procedural" regulations. (See page 2031 for a discussion of the Section in the report of the House Judiciary Committee.)
FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES
SEC. 714. The provisions of section 111, title 18, United States Code, shall apply to officers, agents, and employees of the Commission in the performance of their official duties.
EDITORS' NOTE: This Section was in the bill reported by the House Judiciary Committee and adopted by the House. The Senate renumbered the Section, but made no changes in its language. The provisions of the United States Code made applicable to the personnel of the Commission make it a crime forcibly to assault, resist, oppose, impede, intimidate, or interfere with certain government employees while engaged in the performance of their official duties. (See page 2031 for a discussion of the Section in the report of the House Judiciary Committee.) Two other sections in the House bill were deleted at this point by the Senate. They dealt with the authorization of appropriations and the separability clause and were repeated in Title
SPECIAL STUDY BY SECRETARY OF LABOR
SEC. 715. The Secretary of Labor shall make a full and complete study of the factors which might tend to result in discrimination in employment because of age and of the consequences of such discrimination on the economy and individuals affected. The Secretary of Labor shall make a report to the Congress not later than June 30, 1965, containing the results of such study and shall include in such report such recommendations for legislation to prevent arbitrary discrimination in employment because of age as he determines advisable.
EDITORS' NOTE: This Section was renumbered by the DirksenMansfield substitute in the Senate, and the final date for the report was changed from June 30, 1964, to June 30, 1965. Otherwise, it is the same as Section 717 in the bill reported by the House Judiciary Committee and adopted by the House.
SEC. 716. (a) This title shall become effective one year after the date of its enactment.
(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately. (c) The President shall, as soon as feasible after the enactment of this title, convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this title to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this title when all of its provisions become effective. The President shall invite the participa