13

1 governmental agencies, and in the presentation of any case 2 or proceeding before any court or grand jury. The United 3 States district court for the district in which a demand is 4 made or in which a record or paper so demanded is located, 5 shall have jurisdiction by appropriate process to compel the 6 production of such record or paper.

7 SEC. 4. Section 708 of the Civil Rights Act of 1964 8 (78 Stat. 262: 42 U.S.C. 2000e-7) is amended by desig9 nating all of the present text of such section 708 as subsec10 tion "(a)" thereof and adding new subsections "(b)" and 11 "(c)" as follows:

12

"(b) Neither the Commission nor any court acting pur13 suant to this title shall dismiss or stay proceedings on the 14 ground that a charge has been filed with the National Labor 15 Relations Board arising from the same matters.

16 "(c) Nothing in this title shall preclude any person from 17 pursuing any other available remedy for the enforcement of

18

any law prohibiting discrimination in employment on account

19 of race, color, religion, sex, or national origin."

20

SEC. 5. Sections 709 (b), (c), and (d) of the Civil 21 Rights Act of 1964 (78 Stat. 263; 42 U.S.C. 2000e−8 (b) – 22 (d)) are amended to read as follows:

23

"(b) The Commission may cooperate with State and 24 local agencies charged with the administration of State fair

14

1 employment practices laws and, with the consent of such 2 agencies, may for the purpose of carrying out its functions 3 and duties under this title and within the limitation of funds 4 appropriated specifically for such purpose, engage in and 5 contribute to the cost of research and other projects of mutual 6 interest undertaken by such agencies, and utilize the services 7 of such agencies and their employees and, notwithstanding 8 any other provision of law, may pay by advance or reim9 bursement such agencies and their employees for services 10 rendered to assist the Commission in carrying out this title. 11 In furtherance of such cooperative efforts, the Commission 12 may enter into written agreements with such State or local 13 agencies and such agreements may include provisions under 14 which the Commission shall refrain from processing a charge 15 in any cases or class of cases specified in such agreements 16 and under which no person may bring a civil action under 17 section 706 in any cases or class of cases so specified, or under 18 which the Commission shall relieve any person or class of 19 persons in such State or locality from requirements imposed 20 under this section. The Commission shall rescind any such 21 agreement whenever it determines that the agreement no 22 longer serves the interest of effective enforcement of this 23 title.

24 "(c) Every employer, employment agency, and la25 bor organization subject to this title shall (1) make and

15

1 keep such records relevant to the determinations of 2 whether unlawful employment practices have been or are 3 being committed, (2) preserve such records for such 4 periods, and (3) make such reports therefrom, as the 5 Commission shall prescribe by regulation or order, after 6 public hearing, as reasonable, necessary, or appropriate 7 for the enforcement of this title or the regulation of orders 8 thereunder. The Commission shall, by regulation, re9 quire each employer, labor organization, and joint labor

10

11

management committee subject to this title which controls

an apprenticeship or other training program to maintain 12 such records as are reasonably necessary to carry out the

13

purpose of this title, including, but not limited to, a list of 14 applicants who wish to participate in such program, includ15 ing the chronological order in which such applicants were 16 received, and to furnish to the Commission upon request, 17 a detailed description of the manner in which persons 18 are selected to participate in the apprenticeship or other 19 training program. Any employer, employment agency, la20 bor organization, or joint labor-management committee 21 which believes that the application to it of any regulation or 22 order issued under this section would result in undue hard

23

ship may apply to the Commission for an exemption from 24 the application of such regulation or order, and, if such ap

25 plication for an exemption is denied, bring a civil action in

16

1 the United States district court for the district where such

2 records are kept. If the Commission or the court, as the

3

case may be, finds that the application of the regulation or 4 order to the employer, employment agency, or labor organi5 zation in question would impose an undue hardship, the 6 Commission or the court, as the case may be, may grant 7 appropriate relief.

8 "(d) In prescribing requirements pursuant to subsec9 tion (c) of this section, the Commission shall consult with 10 other interested State and Federal agencies and shall en11 deavor to coordinate its requirements with those adopted by 12 such agencies. The Commission shall furnish upon request 13 and without cost to any State or local agency charged with 14 the administration of a fair employment practice law in15 formation obtained pursuant to subsection (c) of this section 16 from any employer, employment agency, labor organization, or joint labor-management committee subject to the jurisdic18 tion of such agency. Such information shall be furnished on 19 condition that it not be made public by the recipient agency 20 prior to the institution of a proceeding under State or local 21 law involving such information. If this condition is violated 22 by a recipient agency, the Commission may decline to honor 23 subsequent requests pursuant to this subsection."

17

24

SEC. 6. Section 710 of the Civil Rights Act of 1964 (78

17

1 Stat. 264; 42 U.S.C. 2000e-9) is amended to read as

2 follows:

3

4

"INVESTIGATORY POWERS

"SEC. 710. (a) In conducting an investigation the

5 Commission shall have access at all reasonable times to 6 premises, records, documents, individuals, and other evidence 7 or possible sources of evidence and may examine, record, and 8 copy such materials and take and record the testimony or 9 statements of such persons as are reasonably necessary for 10 the furtherance of the investigation. The Commission may 11 issue subpenas to compel access to or the production of such 12 materials, or the appearance of such persons, and may issue 13 interrogatories to a respondent, to the same extent and sub14 ject to the same limitations as would apply if the subpenas or interrogatories were issued or served in aid of a civil action 16 in the United States district court for the district in which

15

17 the investigation is taking place. The Commission may 18 administer oaths.

19 "(b) Upon written application to the Commission, a

220

respondent shall be entitled to the issuance of a reasonable 21 number of subpenas by and in the name of the Commission

2 23

24

to the same extent and subject to the same limitations as

subpenas issued by the Commission. Subpenas issued at the

request of a respondent shall show on their face the name