for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member or applicant for membership, because he has made a charge, testified, assisted, or participated in any manner in the enforcement of the title.

Section 705(b) makes it an unlawful employment practice for an employer, labor organization, or employment agency to be responsible for the publishing of any notice or advertisement indicating a preference, limitation, specification, or discrimination based on race, color, religion, or national origin, except where such preference, limitation, specification, or discrimination is based on religion when religion is a bona fide qualification for employment. The prohibitions of this section do not require newspapers and other publications to exercise any control or supervision over, or to do any screening of, the advertisements and notices published by them.

Section 706 creates an Equal Employment Opportunity Commission of five members appointed by the President subject to Senate confirmation. The Commission will be bipartisan in character. Members of the Commission will receive the usual salaries of members of independent regulatory agencies. The members of the Commission will have staggered terms of 5 years each, and will have the usual powers and duties with respect to employment of personnel, quorum, right to act while vacancies exist, use of official seal, reports to Congress and the President.

The Commission will have power to cooperate with and utilize regional, State, and other agencies, both public and private, and individuals. It will also be authorized to furnish technical assistance to persons subject to this title who request it to further their compliance therewith or with an order issued thereunder. If the employees of an employer refuse or threaten to refuse to cooperate in effectuating the provisions of the title, the employer may request assistance from the Commission in effectuating such provisions by conciliation or other remedial action. The Commission may make such technical studies as may be appropriate to effectuate the purposes of the title and may make the results of its studies available to interested agencies. It is also empowered to pay witness fees in the usual amounts (sec. 706 (g)).

Attorneys appointed under this section will be permitted, at the direction of the Commission, to appear for and represent the Commission in any case in court (sec. 706 (h)). The Commission is directed to cooperate with other departments and agencies in the performance of its educational and promotional activities (sec. 706 (i)). Section 707 contains the provisions relating to enforcement of the title. The first stage in the enforcement process is the filing of a charge in writing under oath by or on behalf of a person claiming to be aggrieved or the filing of a written charge by a member of the Commission, alleging that an employer, employment agency, or labor organization has engaged in an unlawful employment practice. When the Commission receives such a charge, it will furnish the employer, employment agency, or labor organization against whom the charge is made a copy of the charge and shall make an investigation of that charge. If two or more members of the Commission believe after such investigation that reasonable cause exists for crediting the charge, the Commission must endeavor to eliminate any such unlawful employment practice by informal methods of conference, con

ciliation, and persuasion and, if appropriate, to obtain from the charged party a written agreement describing particular practices which he agrees to refrain from committing. Nothing said or done during and as a part of these endeavors may be used as evidence in a subsequent proceeding (sec. 707(a)).

Section 707(b) provides that if, through these informal methods, the Commission has failed to effect the elimination of an unlawful employment practice (or in advance thereof if circumstances warrant), it shall, if it determines there is reasonable cause to believe that the charged party has engaged in or is engaging in an unlawful employment practice, bring a civil action within 90 days to prevent the charged party from engaging in such unlawful employment practice, except that the Commission is to be relieved of any obligation to bring a civil action in any case in which it has by affirmative vote determined that the bringing of such action would not serve the public interest.

Section 707 (c) provides that if the Commission has failed or declined to bring a civil action within the time required, the person claiming to be aggrieved may, if one member of the Commission gives his permission in writing, bring a civil action himself to obtain relief.

Section 707(d) provides that the district courts of the United States (including each U.S. court of places subject to the jurisiction of the United States) are given jurisdiction of actions brought under this title. These actions will be brought either in the judicial district where the unlawful employment practice is alleged to have been committed or in the judicial district in which the charged party has his principal office. No civil action may be based on an unlawful employment practice occurring more than 6 months prior to the filing of a charge with the Commission, except in cases in which the party aggrieved was prevented from filing the charge within the prescribed time by reason of service in the Armed Forces.

Section 707 (e) provides that if the court finds that the charged party has engaged or is engaging in an unlawful employment practice as charged in the complaint, it may enjoin him from engaging in such practice and shall order him to take such affirmative action as may be appropriate. This affirmative action may include the reinstatement or the 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). In a case in which the payment of back pay is ordered interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against will reduce the back pay otherwise allowable. No order of the court may require the admission or reinstatement of an individual as a member of the union or the hiring, reinstatement, or promotion of an individual as an employee or payment of any back pay if the individual was refused admission, suspended, or separated, or was refused employment or advancement, or was suspended or discharged for cause.

Section 707(f) permits the court to appoint masters to hear the evidence in these cases. The court may require the master to submit a recommended order together with his findings of fact. The court must also expedite these cases.

Section 707(g) provides that the provisions of the Norris-LaGuardia Act are waived in the case of these civil actions.

Section 707(h) makes the Commission liable for costs in any action brought under the title.

Section 708 (a) provides that nothing in the title shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided under State law, unless the State law would require or permit the doing of an act which would be an unlawful employment practice under the title.

Section 708(b) provides that where there is a State or local agency which has effective power to eliminate and to prohibit discrimination in employment in cases covered by this title and the Commission determines that the agency is effectively exercising such power, the Commission must seek written agreements with that agency under which it will refrain from bringing civil action in any cases or class of cases referred to in the agreement. No individual may bring a civil action under section 707 (c) in any such cases or class of cases. The Commission must rescind any such agreement when it determines the agency no longer has such power or is no longer effectively exercising it. Section 709(a) authorizes the Commission, when it is investigating a charge, to gather such data and inspect such places and such records and otherwise make such investigation as may be appropriate to determine whether the person charged has committed or is committing an unlawful employment practice, or which may aid in the enforcement of the title.

Section 709(b) provides that, with the consent and cooperation of State and local agencies charged with the administration of State fair employment practices law, the Commission may, for the purpose of carrying out its functions under this title, and within limitations of appropriated funds, utilize State and local agencies and their employees and reimburse them for services so rendered.

Section 709 (c) provides that every employer, employment agency, and labor organization subiect to the act must keep and preserve such records and make such reports therefrom as the Commission shall prescribe by regulation or order as reasonable, necessary, or appropriate for the enforcement of the title or regulations or orders thereunder. The Commission is directed to 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 purposes 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 to 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 programs. Where any employer, employment agency, labor organization, or joint labor management committee believes that the application to it of a regulation or order issued under this section would result in undue hardship, it may apply to the Commission for an exemption or bring a civil action in the district court for the district where such records are kept. If either the Commission or the court finds the application of such regulations or order would indeed impose an undue hardship, it may grant appropriate relief.

Section 710 makes the provisions of sections 9 and 10 of the Federal Trade Commission Act applicable to the Commission for the purposes of any investigation provided for in the title, except that the provisions of section 307 of the Federal Power Commission Act shall apply regarding grants of immunity and the attendance of witnesses may not

be required outside the State where the witness is found, resides, or transacts business, and the production of evidence may not be required outside the State where the evidence is kept (sec. 710(a)). Federal agencies are required, when directed by the President, to furnish the Commission upon its request all records, papers, and information in their possession relating to any matter before the Commission (sec. 710(b)).

Section 711 directs the President to take necessary action within the Federal Establishment to insure equal employment opportunities for Federal employees in accordance with the policies of the title (sec. 711(a)). He is also authorized to take such action as may be appropriate to prevent the committing or continuing of unlawful employment practices by persons in connection with the performance of contracts with Federal agencies (sec. 711(b)).

Section 712 requires employers, employment agencies, and labor organizations subject to this title to post in conspicuous places notices to be prepared or approved by the Commission setting forth excerpts of the title and other relevant information (sec. 712(a)). Willful failure to comply will result in a fine of not less than $100 or more than $500 for each offense (sec. 712(b)).

Section 713 provides that this title will not repeal or modify any Federal, State, territorial, or local law creating special rights for

veterans.

Section 714(a) empowers the Commission from time to time to issue, amend, or rescind suitable regulations to carry out the provisions of the title. These regulations must be in conformity with standards and limitations of the Administrative Procedure Act.

Section 714(b) provides that in any action or proceeding based on an alleged unlawful employment practice, no person will be subject to any liability or punishment because of the commission of an unlawful employment practice if he shows that the act complained of is in good faith, in conformity with and reliance on a written interpretation or opinion of the Commission. No such person will be subject to any liability or punishment because of his failure to publish or file any information required by the title if he shows that he published or filed such information in good faith, in conformity with the instructions of the Commission issued under the title regarding the filing of such information. When such defense is established it will be a bar to the action or proceeding even though the interpretation or opinion in question is modified or rescinded or is determined by judicial authority to be invalid, and even though, 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 provisions of the title.

Section 715 makes the provisions of section 111, title 18, United States Code, applicable to the personnel of the Commission. This section makes it a crime forcibly to assault, resist, oppose, impede, intimidate, or interfere with certain governmental employees while engaged in or on account of the performance of their official duties. The penalty provided is a fine of not more than $5,000 or imprisonment for not more than 3 years, or both, except that if a deadly or dangerous weapon is used, the maximum fine is not more than $10,000 and the maximum imprisonment is not more than 10 years.

Section 716 authorizes the appropriation of not to exceed $2,500,000 for the administration of the title by the Commission during the

first year after its enactment and not to exceed $10 million for such purpose during the second year after such date.

Section 717 contains the usual type of separability provision.

Section 718 directs the Secretary of Labor to make a study of the factors tending to result in discrimination in employment on account of age and of the consequences of such discrimination. The Secretary must report to Congress thereon not later than June 30, 1964, and is to include in his report such legislative recommendations as he deems advisable.

Section 719 provides the effective date of the title. The bulk of the provisions of this title will become effective on the date of its enactment (sec. 719(a)). However, the provisions which describe the acts constituting unlawful employment practices and the section. which deals with the enforcement of the title will not become effective until 1 year after the date of its enactment (sec. 719(b)).

The President is directed as soon as possible to convene one or more conferences for the purpose of enabling leaders of groups whose members will be affected by this title to become familiar with the rights afforded and obligations imposed by it and for the purpose of making plans which will result in the fair and effective administration of the title when all of its provisions become effective. The President is asked to invite the participation in the conferences of the President's Committee on Equal Employment Opportunity, the Commission on Civil Rights, and representatives of appropriate State and private organizations (sec. 719(c)).

TITLE VIII-REGISTRATION AND VOTING STATISTICS

This title (sec. 801) directs the Secretary of Commerce promptly to conduct a survey to compile registration and voting statistics in such geographic areas as may be recommended by the Commission on Civil Rights. The statistics would, to the extent recommended by the Commission, include a count of persons of voting age by race, color, and national origin, and a determination of the extent to which such persons are registered to vote and have voted in statewide primaries or general elections in which Members of the U.S. House of Representatives are nominated or elected, since 1960. The section also provides for compilation of similar information in connection with the Nineteenth Decennial Census and at such other times as Congress may prescribe.

TITLE IX-PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CASES

Section 901 amends 28 U.S.C. 1447 (d) (which specifies procedure after removal to Federal courts), to permit appeal from a Federal court order remanding to the State court from which it was removed any civil rights case removed pursuant to 28 U.S.C. 1443.

TITLE X-MISCELLANEOUS

This title contains three provisions.

Section 1001 provides that nothing in the act should be construed to deny, impair, or otherwise affect any authority which the Attorney General of the United States or any of its agencies or officers may