Hearings, Reports and Prints of the Senate Committee on Labor and Public Welfare

1 shall have been submitted to the Senate, or (2) after the

2 adjournment sine die of the session of the Senate in which

4 (2) The fourth sentence of section 705 (a) of such Act

5 is amended to read as follows: "The Chairman shall be re

sponsible on behalf of the Commission for the administrative 7 operations of the Commission, and shall appoint, in accord

ance with the provisions of title 5, United States Code, gov

erning appointments in the competitive service, such officers,

agents, attorneys, hearing examiners, and employees as he 11 deems necessary to assist it in the performance of its func

tions and to fix their compensation in accordance with the

provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification and General Schedule pay rates: Provided, That assignment,

removal, and compensation of hearing examiners shall be in accordance with sections 3105, 3344, 5362, and 7521 of title 5, United States Code."

(f) Section 705 (g) (1) of such Act (78 Stat. 258; 42 U.S.C. 2000e-4 (g) (1)) is amended by inserting before the semicolon at the end thereof the following: "and to accept

voluntary and uncompensated services, notwithstanding the provisions of section 3679 (b) of the Revised Statutes (31 U.S.C. 665 (b))".

(g) Section 705 (g) (6) of such Act (78 Stat. 259;

1 42 U.S.C. 2000e-4(g) (6)) is amended by striking out 2 "section 706" and inserting in lieu thereof "section 715". 3 (h) Section 713 of such Act (78 Stat. 265; 42 U.S.C. 4 2000e-12) is amended by adding at the end thereof the 5 following new subsections:

6 "(c) Except for the powers granted to the Commission 7 under subsection (h) of section 706, the power to modify or 8 set aside its findings, or make new findings, under subsec9 tions (i) and (k) of section 706, the rulemaking power as 10 defined in subchapter II of chapter 5 of title 5, United States 11 Code, with reference to general rules as distinguished from 12 rules of specific applicability, and the power to enter into or 13 rescind agreements with State and local agencies, as pro14 vided in subsection (b) of section 709, under which the 15 Commission agrees to refrain from processing a charge in

any cases or class of cases or under which the Commission 17 agrees to relieve any person or class of persons in such State 18 or locality from requirements imposed by section 709, the 19 Commission may delegate any of its functions, duties, and 20 powers to such person or persons as the Commission may 21 designate by regulation, including functions, duties, and pow22 ers with respect to investigating, conciliating, hearing, deter23 mining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter: Provided, That nothing 25 in this subsection authorizes the Commission to provide

1 for persons other than those referred to in clauses (2) and 2 (3) of subsection (b) of section 556 of title 5 of the United 3 States Code to conduct any hearing to which that section 4 applies.

5 "(d) The Commission is authorized to delegate to any 6 group of three or more members of the Commission any or 7 all of the powers which it may itself exercise."

8 (i) Section 714 of such Act (78 Stat. 265; 42 U.S.C. 9 2000e-13) is amended by striking out "section 111" and 10 inserting in lieu thereof "sections 111 and 1114". 11 (j) Section 715 of such Act (78 Stat. 265; 42 U.S.C.

12 2000e-14) is amended to read as follows:

"CIVIL ACTIONS BY PERSONS AGGRIEVED

"SEC. 715. (a) If (1) the Commission determines that

15 there is no reasonable cause to believe the charge is true 16 and dismisses the charge in accordance with section 706 (b), 17 (2) finds no probable jurisdiction and dismisses the charge, 18 or (3) within one hundred and eighty days after a charge is 19 filed with the Commission, or within one hundred and eighty 20 days after expiration of any period of reference under section 21 706 (c) or (d), the Commission has not either (i) issued 22 a complaint in accordance with section 706 (f), (ii) deter23 mined that there is not reasonable cause to believe the charge 24 is true and dismissed the charge in accordance with section 25 706 (b) or found no probable jurisdiction and dismissed the

1 charge, or (iii) entered into a conciliation agreement accept2 able to the Commission and to the person aggrieved in 3 accordance with section 706 (f) or an agreement with the 4 parties in accordance with section 706 (i), the Commission 5 shall so notify the person aggrieved and within sixty days 6 after the giving of such notice a civil action may be brought 7 against the respondent named in the charge (1) by the per8 son claiming to be aggrieved, or (2) if such charge was filed 9 by a member of the Commission, by any person whom the 10 charge alleges was aggrieved by the alleged unlawful em11 ployment practice. Upon application by the complainant and 12 in such circumstances as the court may deem just, the court 13 may appoint an attorney for such complainant and may 14 authorize the commencement of the action without the pay15 ment of fees, costs, or security. Upon timely application, the 16 court may, in its discretion, permit the Commission to inter

vene in such civil action if it certifies that the case is of 18 general public importance. Upon the commencement of such 19 civil action, the Commission shall be divested of jurisdiction 20 over the proceeding and shall take no further action with 21 respect thereto: Provided, That, upon request, the court

may, in its discretion, stay further proceedings for not more

than sixty days pending termination of State or local pro

ceedings described in subsection (c) or (d) or the efforts of

25 the Commission to obtain voluntary compliance.

1 "(b) Each United States district court and each United 2 States court of a place subject to the jurisdiction of the 3 United States shall have jurisdiction of actions brought under 4 this section. Such an action may be brought in any judicial 5 district in the State in which the unlawful employment prac6 tice is alleged to have been committed, or in the judicial 7 district in which the plaintiff would have been employed but 8 for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an 10 action may be brought within the judicial district in which 11 the respondent has his principal office. For purposes of sec12 tions 1404 and 1406 of title 28 of the United States Code, 13 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. Upon the bringing of any

such action, the district court shall have jurisdiction to grant such temporary or preliminary relief as it deems just and

proper.

"(c) 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 backpay (payable by

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