might have adequate hearings and possibly bring a bill to the floor covering just this title in the event the Judiciary Committee fails to make a prompt report of the omnibus bill.

With the enactment of title VII of the Civil Rights Act of 1964, the Congress committed itself for the first time to the goal of equal opportunity in employment. The Federal Equal Employment Opportunity Commission was created by that legislation to carry out the national policy of abolishing discrimination in the job market.

Obviously it is essential that the Commission be provided with powers adequate to its task. The administration, in the pending bill, is proposing that the enforcement powers of the Commission be augmented by the addition of the power to issue cease-and-desist orders. This morning we shall hear testimony from the Attorney General, the Secretary of Labor, and the Chairman of the Equal Employment Opportunity Commission. After a recess for lunch, we shall reconvene to take testimony from a panel of distinguished representatives of organizations active in the field of civil rights.

Tomorrow morning we shall receive testimony from representatives of other interested groups, and tomorrow afternoon we shall hear the comments of a panel of State and local fair employment administrators.

The subject of equal employment opportunity is not new to this subcommittee. Four years ago we held hearings on this subject and unanimously reported a bill introduced by the then Senator, and now Vice President, Hubert H. Humphrey. That bill was subsequently reported by the full Committee on Labor and Public Welfare, but was never acted upon by the Senate, which chose instead to take up and pass the omnibus civil rights bill approved by the House of Representatives.

In opening those hearings 4 years ago, I said:

It is a commonplace that unemployment falls most heavily on minority groups. More than any other Americans, Negroes know what it means to look for work and not find it. The unemployment rate among Negroes is more than twice as high as that for the country as a whole.

Regrettably that statement is as true today as it was 4 years ago. I make this observation, not to belittle the efforts which have been made in the intervening period, but rather to underline the plain need to make it possible for our future efforts to be more effective than our past efforts have been.

It is my hope that this subcommittee, upon careful consideration of the testimony which we are about to receive, will act to provide the means to achieve true equality of opportunity in employment.

Yesterday Senator Javits introduced into the Senate on behalf of himself and Senators Case and Kuchel a bill to amend the equal employment opportunity provisions of the Civil Rights Act of 1964 in a manner substantially different from the proposals of the admin

istration.

I would like to have printed in the record at this point the text of S. 1308 to be followed by the text of Senator Javits' bill, which is S. 1667. Obviously, since the Javits bill was only introduced yesterday, our witnesses would not have had an opportunity to comment on it. I would also ask to have printed in the record at this point the statement beginning on page S6226 of the Congressional Record for May 3, which Senator Javits made in sup bill, along with any departmental reports we have receive (The materials referred to follow :)

90TH CONGRESS 1ST SESSION

S. 1308

IN THE SENATE OF THE UNITED STATES

MARCH 16, 1967

Mr. CLARK (for himself and Mr. Javres) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare

A BILL

To further promote equal employment opportunities of American

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workers.

Be it enacted by the Senate and House of Representa2 tires of the United States of America in Congress assembled, 3 That this Act may be cited as the "Equal Employment 4 Opportunities Enforcement Act".

5 SEC. 2. Section 706 of the Civil Rights Act of 1964 6 (78 Stat. 259; 42 U.S.C. 2000e-5) is amended to read 7 as follows:

8 "(a) The Commission is empowered, as hereinafter 9 provided, to prevent any person from engaging in any 10 unlawful employment practice as set forth in section 703 11 or 704 of this title.

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"(b) Whenever it is charged by a person claiming

2 to be aggrieved, or a charge has been filed by a member of 3 the Commission where he has reasonable cause to believe 4 a violation of this title has occurred, that an employer, em5 ployment agency, or labor organization has engaged in an 6 unlawful employment practice, the Commission shall notify 7 such employer, employment agency, or labor organization 8 (hereinafter referred to as the "respondent") of such charge 9 and shall make an investigation thereof. Charges shall be 10 in writing and shall contain such information and be in such 11 form as the Commission requires. Charges shall not be made 12 public by the Commission. If the Commission determines 13 after such investigation that there is reasonable cause to be14 lieve that the charge is true, the Commission shall endeavor 15 to eliminate any such alleged unlawful employment practice 16 by informal methods of conference, conciliation, and persua17 sion. Nothing said or done during and as a part of such 18 informal endeavors may be made public by the Commission 19 or used as evidence in a subsequent proceeding without the 20 written consent of the persons concerned. Any officer or 21 employee of the Commission who shall make public in any 22 manner whatever any information in violation of this subsec23 tion shall be deemed guilty of a misdemeanor and upon con24 viction thereof shall be fined not more than $1,000 or im25 prisoned not more than one year.

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(c) In the case of an alleged unlawful employment

2 practice occurring in a State, or political subdivision of a 3 State, which has a State or local law prohibiting the unlaw4 ful employment practice alleged and establishing or author5 izing a State or local authority to grant or seek relief from 6 such practice or to institute criminal proceedings with respect 7 thereto upon receiving notice thereof, no charge may be filed 8 under subsection (b) by the person aggrieved before the 9 expiration of sixty days after proceedings have been com10 menced under the State or local law, provided that such 11 sixty-day period shall be extended to one hundred and 12 twenty days during the first year after the effective date 13 of such State or local law. If any requirement for the com14 mencement of such proceedings is imposed by a State or 15 local authority other than a requirement of the filing of a 16 written and signed statement of the facts upon which the 17 proceeding is based, the proceeding shall be deemed to have 18 been commenced for the purposes of this subsection at the 19 time such statement is sent by registered mail to the appro20 priate State or local authority.

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"(d) In the case of any charge filed by a member of 22 the Commission alleging an unlawful employment practice 23 occurring in a State or political subdivision of a State which 24 has a State or local law prohibiting the practice alleged and 25 establishing or authorizing a State or local authority to grant

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1 or seek relief from such practice or to institute criminal pro2 ceedings with respect thereto upon receiving notice thereof 3 the Commission shall, before taking any action with respect 4 to such charge, notify the appropriate State or local officials 5 and, upon request, afford them a reasonable time, but not less 6 than sixty days (provided that such sixty-day period shall be 7 extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless 9 a shorter period is requested, to act under such State or local 10 law to remedy the practice alleged.

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"(e) A charge under subsection (b) shall be filed with12 in one hundred and eighty days after the alleged unlawful 13 employment practice occurred, except that in the case of an 14 unlawful employment practice with respect to which the per15 son aggrieved has followed the procedure set out in subsec16 tion (e), such charge shall be filed by the person aggrieved 17 within two hundred and ten days after the alleged unlawful 18 employment practice occurred, or within thirty days after re19 ceiving notice that the State or local agency has terminated 20 the proceedings under the State or local law, whichever is 21 earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

"() If the Commission determines after attempting to secure voluntary compliance under subsection (b) that fur95 ther efforts are unwarranted, which determination shall not