SITUATION IN SOUTHEAST ASIA

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CIA-RDP66B00403R000200150032-7
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June 12, 1964
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Approved Fo eleate 2005/01/05 : CIA-RDP66B004044000200150032-7 1964 CONGRESSIONAL RECORD ? SENATE political systth,vwhicIfd?ntributes to its SEC. 3. In all elections to 911 office, the ? Perilla11911-69,11id its dirability, is the candidate receiving the greater number of votes cast shall be declared elected, except training'iri-d4rocra-Zy Which our citizens ,- in a tie vote, for which the bylaws shall ? Undertake_ hi corinec_on ,vi!tFi their? vol provide. _. provide. ? untary Orgari12atiOns. SEC. 4. All elections shall be made by Aus- We are, a 01, f,:16-ye_rn, hig people. _ The tralian secret ballot. - The full text of the signs of our politicalinaturity are shown 'ballot shall be made public in accordance in the minds of our young people from with the bylaws. the grammar 'school through the grad- SEC. 5. Only active members may vote in ASCOC elections or be candidates for _Uate departments Of our great- uniVer- sides. SEC. G. The elections committee shall _ , netpulay,11-tave been given an ?Poor- _ provide for the administering of elections , ttini y to review one of the fruits of this in accordance with this constitution and by- training in citizen-statesmanship, in the laws. - , form of a constitution which has been SEC. 7. Special ASCOC elections may be ?adopted by the As-sociated Students of held in cases of emergency and as prescribed -- elsewhere in this constitution and bylaws. Central OregOn College at Bend, Oreg. 1 _ Wieh. tO commend these students and in ARTICLE V?OFFICERS particular, Mr. J. Vernon Crawford, Pres- SECTION 1. (1) The officers of the ASCOC ident of the Ass'aciated Students of Cen- shall be: (a) President, (b) vice president, , - ? (c) secretary, (d) treasurer, (e) senators. tral Oregon "dallego Who, With his col- (2) The president, vice president, secre- - league; have hammered out on the anvilY, treasurer, and four senators shall be ' Of conscionakle compromise the organic elected at the general election and four law to which ,rhey,wiliingly subject them- additional senators shall be elected from the selves, freshmen at the special fall election. An officer shall hold his ' -Mr. Pre-M.6#,, I -la ithaiiirriotis- con- -SEC. 2. (1) sent that th Onstitation 'fb- --tThiah office from the time of his installation to the q._ _ I installation of his successor in office, unless 'refer ,1114 'be ,printed in the BEcoan at sooner relieved. All installations shall be ' this point In my remarks. - held at least by the end of the term in which There being no Objection the docu- , _ _ . - the election for that office is held. 111911t was or- ered to be printed in the (2) Should the presidency become vacant, nicoaa,' as 'f(3110ws i- - ' ' the order of succession shall be: Vice presi- ?, ....??,.--.. , -----_---? -,? dent, secretary, and treasurer. 1HE CONSTIT......LON or THE A.?oBOCIA.,.r,13 T - , RZN'rq OT ENTiti'L. ORE0OBT COLLEGE (3) An ASCOC officer must retain active .:C- , membership throughout his tenure of office. e; the iCsIOCiefed -Studeriti"?Of - Central- SEC 3. Each officer shall perform re- Oregon College,-to'cleecribe the natitie Of our - ' sponsibly all duties required by his position. ,organization and to provide for its operation. SEC. 4. (1) The president shall faith- do ordain 414 establish this z9rIWPPon:, fully adhere to the constitution and by- , -ARTICLE _177_ 4,,,_ ,, ruits,os, AN slam:pia laws, _ preside over all general assemblies;_ SECTION 1. 1:14.0 name of our organization s rve as ex officio 'chairman of the senate; :the As.5w_lekci, p_tovilts, of oentoil Oregon appoint the following, with the consent of College and may be ibbreviated to AdooC. ` a? Majority vote of the senate: standing SEc. 2. The Purpose of the ASCOC shall committee chairmen, the crier, the assist- be to_prOmote-the intellectual curiosity and ant crier, the student court members, and ' OaPabil*, phr and menta aturitY; ical l ni _ _ . replacements for ASCOC and senate vacan- ? M1 social an _ economic advantages of its cies. inenibers. . ? (2) The vice president shall faithfully SEC. 3, (1) The Central bregOh College perform all the duties of the President in his absence, serve as the elections commit- colors shall be ice-bine; and sliver, ? ?- (2) The athletic symbol shalt be a silver tee chairman, serve as an ex officio member letter "0." - of all other committees, and coordinate the , (3) The mascot shall be the Bobcat.' ? ? actions of all committees. ? _.(3) The secretary shall keep an up-to- -. ,AwrAci-z,n-MEMBERSNIP - date journal of all general assemblies and Szorroti 1, Active membership in the senate, meetings, and shall maintain an ASOOQ pall Jae granted to any _person who the correspondence and records of the ? ia properly_ enroll a CentralOregon ,o - ASCOC, except the financial records. lege. ' - , , (4) The treasurer shall collect and dis- ? SEC. 2. Associate inexiibershiP - In the burse all ASCOC funds in accordance With ASCOC shall lie granted to all former active the constitution and bylaws, shall main- members. ?, .., taml). accurate, up-to-date ASCOC financial - Szo,-3., Bono-4u mernberahip may be con:- records, and shall serve as the budget corn- !erred upon any person for distinguished at- mittee chairman. teihraerit or e9atrIlilltiPPA,,,ettOtereet to the (5) The senators shall perform those ae- ASCOO by a'inajority vote of the Senate. tivities which are expeditious to the func- SEC. 4. No ., nOmber ;shall The discriM.,-thafeecl. tioning of the ASCOC and senate. against 'because of his race, cieed, 9r color. r , 5. xs ? ,F-,./-.,et,..?-, / env? fr, ,?-,,- . ? r Sec. 5. (1) ASCOC activities requiring ,.IPS,,,- .,,, ,, public notification shall, in accordance with Sscrmusric (Unera_1:_asseinWieg, _of the en-,,, the Fonstltution and bylaws, be Publicly. ? tire ASO60 May be held whenever deemed announced by the Crier. The president may desirable by the A800o president. - agsign 'additional duties to the crier. mc.nri ft:irt-Lp.?.,4,,niva,e;:ttte-teinreoltitei,? ni,a:y____,be : (2) e crier and assistant crier's tenure , ? ' - : of office is subject to the discretion of the nornma pci for,? ofiice, by filin_g a completed president. petitton, as required in the bylaws, with the ARTICLE VI---74ECALL AS000 -ejections committee chairman at SECTION 1. (1) Any ASCOC officer is sub- !leait 2 weeks prior to the election for that ject to recall from office by the active mem- office..,? bers. ?_,S,Ec, 2_ The?? general election shall be (2) A? recall election may be demanded held on the second Tues-day and Wednesday only by a petition signed by its sponsors after the first Mo?ay in May eachyear. and at least 10 percent of the active mem- (2) The special fall election shag be held bars. That tiialfAll Acp?fgra,., krialto on the first 'D?esdav an4PPlie-tflErReliita4em4 lieWM-aroP the first`Mondayln ovember each year. demand. (3) The recall election shall be held within 2 weeks of the day the completed re- call petition is filed with the elections com- mittee chairman, which shall be done in accordance with the bylaws. (4) If two-thirds of a majority of the ac- tive members in the recall election vote in favor of recall, the officer is recalled and his office is vacant. SEC. 2. The reasons for demanding re- call shall be printed, in not more than 200 words, on the recall ballot. The officer whose recall is demanded shall have the privilege of including on the recall ballot, in not more than 209 words, his juatifica- tion for his course of action. ARTICLE VH?LEGISLATIVE BODY SECTION 1. (1) The name of the ASCOC legislative body is the student senate, which may be referred to as the senate. (2) The legislative power of the ASCOC, except for the initiative and referendum powers reserved to the active members, is vested in the senate. (3) Changes in and/or additions to the bylaws may be made by approval of a ma- jority of the senate. (4) No action by the senate may have effect unless the motion for action and the vote by which the motion is approved or rejected take place at proceedings open to the active members. SEC. 2. (1) The voting members of the senate are the president, vice president, secretary, treasurer, and -Senators. (2) The nonvoting members of the sen- ate are the crier and assistant crier, editor of the ASCOC newspaper, editor of the ASCOC annual, and faculty adviser(s). (3) Only active members shall be selected for the senate, except the faculty adviser(s). (4) Any member of the senate may be temporarily suspended for disorderly be- havior by a majority vote. SEC. 3. (1) The senate shall adopt rules for the government of its members and meetings in accordance with the constitu- tion and bylaws. (2) The senate shall,. meet regularly and publicly at least twice each month at times and places designated in the rules governing senate meetings. (3) A quorum, which shall be a majority of the voting members, shall be required for the transaction of business at senate meetings. SEC. 4. (1) The standing committees shall be as follows: The elections commit- tee, the student activities committee, and the budget committee. Only voting mem- bers shall be selected as standing commit- tee chairmen. (2) Only active members may serve on committees. (3) All actions of committees shall be in accordance with the constitution and by- laws. SEC. 5. (1) The elections committee shall administer and publicize all ASCOC elections and nominations. (2) The student activity committee shall be responsible for the coordination of in- tramural and social activities. ? (3)- The budget committee shall propose a budget which, if approved by a majority vote of the senate, shall be published in the ? fipprOved form. ? ARTICLE VITI-2-INITIATIVE AND REF0RENDUM SECTION 1, (1) The active members reserve to themselves the initiative power, which is to propose bylaws, resolutions, or amend- menta to the conititutfon and enact or reject them at an electron. - (2) An initiative' may be prOpesed-only by a petition signed by at least 10 percent of the active members. alitidgM24143130=all include the , resolution, or amendment to tire constitution. Approved Fehelease 2005/01/05 : CIA-RDP66B001103_ 000200150032-7 CONGRESSIONAL RECORD ? SENATE (4) A proposed initiative shall embody one subject only and subjects properly Mimeo-led the.sewith - Bliff.2 (l) The active members reserve to: theinselvei the-refefendlini povier, which is to approve Or reject at an election any act, apart thereof, or the-senate: - - (2) A referendurit iriaxy be orderedonly by a petition signed by at least 10 percent of the active members. Sac. 3. (1) An election on a referendum or initiative,. except a proposed constitutional amendment, shall be held between 15 and 80 days. following the fflingOf the completed with the eleetrons committee chair- . rn (2) A referendum or initiative measure, except a proposed ccinstitutional amendment, becomes effective lintnediately upon approval by a majority of the vacs cast thereon. (8) A referendum effects only that part of the act to which it ref*. ARTICLE rz--Asszirefha?iT AND azvisiow fizonon 1. Proposeciamendments to or revi- sions pf the constant-1bn shall be submitted to the active members a the' general election. Sac. 2. The senate may propose amend- ments to or revisions of all or a part of the constitution by majority approval. Sac. 3. An amendment the constitu- tion proposed by the senate shall shall embody one subject only and subjeCte properly con- nected therewith. Sac. 4. A revision may include more than \ one subject and may be voted upon as &whole. Sac. 5. A projSosed? amendment to or re- Vision of the constitition ,mtist be pub- lished at?least 30 days prior to the election thereon. S. ff. An amendment to or,revision of the contititution proposed by the senate or an initiative measure 8141 bRoine effective 30 days after the election thereon if approved by two-thirds of the votes cast. SECTION 1. (1) The 'naiad power of the ASCOC shall be vested...in a",,atudent court. - (2) The student court has general juris- diction in all cases arising under this con- stitution and bylaws, and duly established, regulations. Sze. 2. (1) The student court shall con- sist of a presiding juUe and two associate judges. Their terms shall be concurrent with that of the appointing `president. (2) In the absence of a judge or judges, the president shall male temporary appoint- .menta to serve during' Such absences. (8) Only active members are eligible to receive suciappointments. Sac. 3. aaes Must be heard by the court*: within 30 days following a citation. siTzcix Itf?Ilatincsriow SEC S. Bylaws may be enacted to in-. sure an orderly transition from the former WOO constitution to this constitution by S. majority of the senate. -Mr. MORSE. Mr. President, so long as our young citizens practice, preach, and are concerned with the rule of law to which they gli,e their 1".7ee adherence, our institutions will endure. The PRESIDING OFFICER. (Mr. iNQUYE in the chair) . The 30 minutes for the morning hour have expired. Mr. LAUSCHE. Mr. President. I ask unanimous consent to extend the morn- ing hour for 5 minutes. The rearsrtawa orrxcgR. With- out objection, it is so ordered. Sacnow 1. The ratitUation of this consti- tution by a majority Of the votes cast by the AS000 shall be suftleknt for the immediate establishment of thht constitution. . , 4 .6z4rict4 litirlantsrrromAx. SECTION -1..111R Purje"se Of this article is to insure an orderly n'aition from the former Af3000 constitAon Jo this constitution. When, that putpose*is accomplished and all provisions of this Arable cease to have any continuing effect, thesenate shall so declare by a majority vote, and thereafter this article "ell not be retained aspart of this constl- , Sic. 2. Except as otherwise provided in this constitution, a person now holding any ? elective or appointive ASCOC office shall con- tinue to hold that office and exercise the , functions of t4ist dike until that office is ` abolished or altered or his successor is se- lected anti finallfir Akviraftivvejapre conatitution or thereto. PAY INCR,EAf3E8 FOR GOVERNMENT EMPLOYEES -Mr. LAUSCHE. Mr. President, a few days ago, the House of Representatives passed the pay increase bill which, if finally adopted,, will give Members of Congress a salary of $30,000 a year, be- ing a 140-percent increase over that re- ceived in 1955. The salary in 1955 was $12,500, and in that year it was raised to $22,500, or 80 percent. It is now contemplated to raise the salary from $22,500 to $30,000, and similar increases will be made in the case of board members and judges. The passage of the bill in the House itself I cannot understand, but I am completely mystified by an amendment which was offered to the bill; namely, a provision that whenever the salaries of the employees of the Pederal Govern- ment are raised generally, that general increase will automatically become ap- plicable to Congress. That means that Members of Congress will not be required to express their views, and that their salaries will be au- tomatically increased when a salary in- crease is voted for employees generally. Mention was made today of im- morality. I begin to wonder whether sound ethics are involved in the philos- ophy that we tie ourselves like a caboose to a train, so that wherever that train ..goes In dealing. with employees gen- golly, we become a part of it TIlel5 rel amtiler aspect P4i.CauSes me L 4,0 Ponder. To grant pay increases will become ah induceinent, because we shall benefit by every pay increase that is granted. If we grant a 10-percent pay increase to the general enplOyees, auto- matically we shall receive the same pay increaSe. This is a matter which is worthy of serious attention in analyzing many foreboding aspects of what is proposed. I have spoken my view that we are mak- ing a serious mistake in setting an ex- ample in the Congress which will enable thp proponents of increased costs to say that Members of Congress voted them- selves a 140-percent pay raise in ()years, and that such demandants should not be denied an 8-percent, 15-percent, or 10-percent pay raise, or whatever is asked IiSiAbROR6 6 Beepi0 template continuing the fight against June 13 this proposal. I cannot stand idly by, knowing that the advisers on economics to the President have said that a 3.2- percent increase should be the guideline. This year, we shall grant ourselves 3336 percent over $22,500 which is in addition to the 80 percent we enjoyed when in 1955 we raised our salaries from $12,500 to $22,500. It is a travesty on justice, an exploita- tion of the taxpayer, a theft of the sav- ings, pensions, and annuities of our. cit- izenry, and the beginning of a real move Into inflation. I not only will not approve the pro- \) posal but I vigorously condemn it. N3 SITUATION IN SOUTHEAST ASIA The PRESIDING Ole'rWhit. The morning hour has now ended. The Senator from Alaska? Mr. GRUENING. Mr. President, I ask unanimous consent to extend the morning hour an additional 2 minutes. The PRESIDING OFFICER. With- out objection, it is so ordered. Mr. GRLTENING. Mr. President, I support the eloquent, continued, and un- answerable pleas of the senior Senator from Oregon [Mr. Moan] for a policy of peace rather than a policy of war in southeast Asia. It is difficult to understand why the administration, which inherited the mess In southeast Asia, which was not of its making, cannot see that by not reversing that inherited policy, it is being wholly inconsistent with its professions of seek- ing peace on earth, inconsistent with its actions in other parts of the world where It has sought peaceful solutions, and called in the United Nations, and that it mitt pursue, a policy of peace-seeking if it wishes to save us from a great dis- aster; if it wishes to be responsive to the clear wishes of the American people, as my mail, which runs 100 to 1 in favor of a peaceful settlement in southeast Asia demonstrates, and if it does not take this inlitter to the United Nations. A week ago, on the floor of the Senate, I called for a cease-fire in southeast Asia to be initiated by the United Nations. That plea, which was made for the first time on the floor of the Senate?so far as I know for the first time any- where?was ignored by the press al- though it was carried by the wire serv- ices. Not a line was published in the New York Times or in the Washington Post. I believe that we should make every effort to stop the killing, not merely of American boys but also of South Viet- namese as well, that we should stop the bombing of villages with napalm and the burning of innocent civilians, men, women, and children, who have no part in this conflict except as its victims. / shall repeat this plea again and again, until we cease and desist from our war-making and begin waging peace instead. The PRESIDING OFFICER. The time extended for the morning hour has expired. 3 R000200M032 . President, I sug- gest the absence of a quorum. 1964 Approved %rRelease 2005/01/05 : CIA-RDP66Bo011edR00020015003217 CONGRESSIONAL RECORD -- SENATE , The _ thING OFFICER. The , clerk will calf the roll. The-Chief-Clerk called the roll, and the following -Senators-- answered to their names: - [No. 320 Leg.] Gore - Miller Gruening Monroney Hart Morse Eartke -Moss Hayden Mundt Hickenlooper Muskie Nelson Neuberger Pastore Pearson Aiken Allott Anderson Bartlett Bayh Beall Bennett Bible Boggs Brewster Burdick Byrd, W. Va. Cannon Carlson Case Church Clark Cooper Cotton ? Curtis Dirksen Dodd Dominick Douglas ? Eastland Edmondson Ellender Ervin ? Fong Goldwater 'Holland Eruska Humphrey Inouye Pell Jackson Prouty Javits Proxmire Johnston Ribicoff Jordan, N.C. Russell Jordan, Idaho Saltonstall Keating Scott Kennedy Simpson Kuchel Smathers Lausche Smith Long, Mo. Sparkman Long, La. Stennis Magnuson Symington Mansfield Talmadge Thurmond Tower Williams, N.J. Williams, Del. Young, Ohio McCarthy McClellan McGee McGovern McIntyre Metcalf Mr. HUMPHREY. I announce that the Senator from Virginia [Mr. Ryan], the Senator from Michigan [Mr. Mc- NAmAaA] , the Senator from Virginia [Mr. ROBERTSON], the Senator from Arkansas [Mr. FummiranT] , and the Senator from ? Tennessee [Mr. WALTERS] are absent on official business. I also announce that the Senator from West Virginia [Mr. RANDOLPH], and the Senator from Texas [Mr. YARBOROUGH ] are necessarily absent. I further announce that the Senator from California [Mr. ENGLE] is absent because of illness. Mr. MICHEL. I announce that the Senator from New Mexico [Mr. MECHEM] and the Senator from Kentucky [Mr. Moirmuc] are necessarily absent. The Senator from North Dakota [Mr. YouNc] is absent on official business. The PRESIDING OFFICER. A quo- ruin is present. CIVIL RIGHTS ACT OF 1963 The Senate resumed the consideration of the bill (arc 7152) to enforce the con- stitutional right to vote, to confer juris- diction upon the district courts of the United States to provide injunctive relief against discrimnation in public accom- modations, to authorize the Attorney General to institute suits to protect con- stitutional rights in public facilities and public education, to extend the Com- mission on Civil Rights, to prevent dis- crimination in federally assisted pro- grams, to establish a Commission on Equal Employment Opportunity, and for other purposes. The PRESIDING OFFICER. The question is on agreeing to the Dirksen- Mansfield substitute amendment, as amended. It is open to further amend- ment. Mr. JOHNSTON. Mr. President, I call The PRESIDING OFFICER. The amendment will be stated. The LEGISLATIVE CLERK. On page 35, between lines 9 and 10 of amendment No. 1052, it is proposed to insert the following new section: SEC. 605. Nothing contained in this title shall apply to any agency or organization providing child welfare, foster home, or adoption services with respect to the func- tion of such agency or organization in placing children in homes, foster family care, group care, or institutional care. Mr. JOHNSTON. Mr. President, mine is a very simple amendment. It springs from my concern about the giant bu- reaucracy this bill would impose over the activities of the American people. The PRESIDING OFFICER. The Senator will suspend until the Senate is in order. Senators will extend the usual courtesy to the Senator from South Carolina to discuss a very important amendment. Senators will cease con- versations. The Senator may proceed. Mr. JOHNSTON. While most of the sections contained in this bill cover the activities of businessmen, labor unions, commercial enterprises, and so forth, title V! is so broad it will affect virtually every citizen in the United States. Of particular concern to me is the effect of an adverse ruling by some bureaucrat that the use of racial criteria in the placing of little children for adoption or in foster homes is discrimination and therefore, requires the cutting off of all Federal funds used to assist in these child welfare programs. The efforts on the part of the Federal Government to assist the States and lo- calities in caring for orphan children or children from broken homes has really just begun and is only now beginning to bear fruit. Over $25 million of Fed- eral funds have been expended each year to help our 50 States, the three terri- tories, and the District of Columbia in carrying out these child welfare services. Mr. President, there is not one of the 50 States that does not use racial criteria as one of many factors in placing these children for adoption in foster homes. They even go so far, in setting up their criteria, to take into consideration the religion of the child. In almost every instance that is done. But we can imag- ine what some bureaucrats might do in the future under the bill we are now considering. Indeed, not only racial cri- teria are used, but in many instances such matters as skin coloring and vary- ing degrees of skin coloring are taken into consideration. Since the experience of every State welfare agency has led to the very prac- tical use of racial criteria in placing children in new homes, no Federal bu- reaucrat, on the strength of the civil rights bill, should be allowed to overrule the experienced judgment of the social workers in all the States and require local welfare agencies to place children In homes regardless of race, creed, or color. I ask every Senator in determining his vote on this amendment to search his 13217 the unanirn.ous verdict of the welfare agencies of the 50 States that racial cri- teria in this instance are, indeed, a valid basis upon which to place a child in a particular home. I am sure that every Senator is deeply interested in the welfare of the children who are placed in foster homes. The children cannot look out for themselves; they can be cared for only by the various welfare bureaus throughout the United States. My amendment would merely throw protection around the children and make certain that in the future they will be cared for as they have been in the past, in the best interests of our great Nation. Mr. MAGNUSON. Mr. President, I yield myself 1 minute of my time. How much does the Federal Govern- ment contribute to this program? Mr. JOHNSTON. It has been about $25 million for several years. I am re- liably informed that by 1969 the amount will be increased to $50 million. Mr. MAGNUSON. As I recall, when this program was inaugurated, Congress placed it on the same basis as the pro- grams that provide aid to the blind and the handicapped. Mr. JOHNSTON. That is true. Mr. MAGNUSON.- I think that was the justification, if the Senator will ex- amine the record, because of the condi- tion existing all over the United States. Mr. JOHNSTON. That is true. I am only asking that the children be given protection in this particular field. I can- not see why anyone should object to an amendment such as this at this particu- lar time, because it merely assures the fathers and mothers who have to give up their children, perhaps because of broken homes or because of a death in the fam- ily, necessitating intervention by the government, that the child will be placed in the proper way, similar to the way the program has been handled in the past. I think it should be handled in the same way in the future. Mr. President, while a large number of Senators are in the Chamber, I ask for the yeas and nays on my amendment. The yeas and nays were ordered. Mr. PASTORE. Mr. President, I seri- ously hope that the amendment will be defeated. It is not necessary at all. To some extent it would straitjacket title VI. Much of what'the distinguished Senator from South Carolina is concerned about will never happen. After all, the people who administer these programs are fair- minded. No one will compel a person' to adopt a child; the individual must have the heart to do so. We hear much discussion about the category of foster homes. If we begin to write such provisions into the bill, this title will become impossible of adminis- tration. I hope the situation will not be confused. A history has been made. I feel sure that the program will be administered sensibly and realistically, taking into ac- count everything that involves the sensi- tivity of people. I do not believe any danger is involved. I hope the amend- up my atneridnient NO. lq:ciMIOrove_d For Rereabeng0Witilli051MAIIMP861"6604VENtibMoij8V62-7 Approved For Releese 2005/01/05 : CIA-RDP66B00400100200150032-7 13218 CONGRESSIONAL RECORD ? SENATE The .PRESIDING OIWICEIL The question lj on. ageeatag A.a?areeiaarlant No. 05 eter4d hy the &nator frstat South Carolina LagrwIeSiverozil. The yeas and Days have been ordered, and the clerk will call the roa. _ The Chief Clerk Proceeded to call the roll. Mr. MANSFIELD cwhen his name was called). _Q this voteI have a Pair with the ed 'Senator from Virginia [Mr. Roaxamoril. If he were present and voting, he would vote "yea." If I were permitted to vote, / would vote "nay." Therefore, I withhold my vote. Mrs. NE13/3ERGEXt. (when her name was called). On this vote I have a pair With the Senator from Virginia [Mr. BYRD'. If he were present and voting, be 'would vote "yea." If I were permit- ted to vote/ would vote "nay." There- fore, I withhold my vote. The rolaCall was concluded. Mr. IIIMPIIREY. I announce that the Senator from Virginia [Mr. Ezae], the Senator from Arkansaa [Mr. Fin.- agouzl, the Senator from Michigan [Mr. McNastaeAl. the 8enAtor from Virginia [Mr. Rogzezsosil, and the Senator from Tenessee [Mr. %kraus] are absent on offlcial business. I also announce that the Senator from California.[Mr. Etter,e1 is absent because of illness. / further announce that the Senator fa= Tnellana [Mr. /Ilya], the Senator friX12- West Yrifkillta [Mr. RANDOLPH], and the Senator fropx Texas [Mr. Yak- s:matron" are necessarily absent. I further announce that, if present and voting, the Senator from Indiana [Mr. BaYik,l, the Senator from California [Mr. , ItognLE1, and the Senator from Michigan [Mr. Mc-Nara/mai would each vote "nay." On this vote, the Senator from West Virginia [Mr. RANDOLPH] is paired with the Senator from, AO:areal% [Mr. Foe- naletal . If present and voting, the Sen- ator from West Virginia would vote "nay," and the Senator from Arkansas would vote "yea." Mr. EUCEEL. I announce that the Senator from New Mexico [Mr. Mxcazet 1 and the Senator from Ilf.entucky [Mr. MORTON] are necessarily absent. , The Senator from North Dakota [Mr. Yourie3 is absent on official business. The Senator from Arizona [Mr. Goes- WATER] 13 detained on official business. The result was announced?yeas 29, nays 56, as follows: [No. 821 Leg 1 TEAS-29 Bartlett Hayden Monroney Byrd, W. Va. nickenlooper Russell Cannon Hill Smothers Cooper Holland Sparkman Cotton lituska -13teaula Curtis Johnston Symington atatland Jordan, N.C. Talmadge Slender Long, La. Thurmond. Ervin Magnuson /Mims. Del. Oore McClellan NAYS-56 Aiken Church lalott Clark ^Anderson. Dirksen Beall Dodd 'nett Dominick Bible Douglas Boggs Edmoodint Brewster Fong pr Burdick ()mooing Carlson Hart Cafe . Hartice Humphrey Inouye Jackman Javlis Jordan. Idall0 Keating or Rel Deutsche Long, Mo. McCarthy McGee McGovern McIntyre Metcalf Miller Morse Af0811 Mundt naYh Byrd. Va. Engle PuIbright Goldwater hiuskle Saltonstall Nelson Scott Pastore Simpson I? earsou Smith Pell Tower Prouty Williams, N.J. Proxmire Young, Ohio Ribicoff NOT VOTING-15 Mansfield Randolph McNamara Robertson Mechem. Walt= Morton Yarbcrough Neuberger Young. N. Dak. So Mr. JOHNSTON'S amendment was rejected. Mr. PASTORE. Mr. President, I Move to reconsider the vote by which the amendment was rejected. Mr. ALLOTT. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. TOWER. Mr. ,President. I call up my amendment No. 963 and ask that, it be stated. The PRESIDING OFFICER. The amendment of the Senator from Texas will be stated. The 1.,Eoisearive Ceram. On page 68, between lyines 19 and 20, it is proposed to insert the following new section: IINLINTINICATIONIN PZBY ORMAN= 07 orrice 07 COUNLINSION Sac. 717. (a) Each member, officer, agent, attorney, or employee of the Commission shall, in the performance of his official duties. Identify himself as such a member, officer, agent, attorney, or employee in any relations with any employer, labor organization, em- ployment agency, joint labor-manigement committee, or any person other than a mem- ber. officer, agent, attorney, or employee of the ?prom lastim (b) If any member, officer, agent, attor- ney, or employee of the Commission fails to comply with the provisions of subsection (a), no determination shall be made by the Commission, and no civil action may be filed under section 706 or 707, with respect to the unlawful employment practice alleged In the charge concerning which such failure to comply occurred. Mr. TOWER. Mr. President, I ask for the yeas and nays. The yeas and nays were ordered. The PRESIDING OFFICER. .How much time does the Senator from Texas Yield himself? Mr. TOWER. I yield myself 2 minutes. The amendment would require em- ployees of the EEOC to identify them- selves at any time they are in an official capacity as investigators, and so forth. It provides that if they do net, there can be no unfair employment practice find- ing. The amendment is a simple safeguard with which I hope the Senate will agree. It spells out that any employee of the title VII EEOC must fully identify him- self to employers and unions. This may seem a little elementary to sone in the Chamber, but once again I need only cite the Motorola case to show that, in past fair employment investi- gations, the investigators apparently have not identified themselves, and this has led to employer charges of "entrap- merit" eame 4 ' 0' III 111 I tg9a.ticilekfiRg %RV- 4 ola case are documented in the material I previously submitted for the record. --June- 18 Specifically there have been charges that investigators of the President's Equal Employment Commission have not identified themselves and have thus mis- led witnesses. This, of course, should not be allowed, and thus my amendment. This is a simple amendment making certain that simple and wholly reason- able safeguards of legality and courtesy are observed. This is a very _courteous and legal body, and I ant confident that it wishes to give full attention and adequate effect to law. Therefore I hope that the Senate will concur in my amendment. Mr. ALLOTT. Mr. President, I yield myself 30 seconds. The PRESIDING OFFICER. Will the Senator suspend until the Senate is in order? The Senator may proceed. Mr. ALLUIT. Mr. President, I yield myself I minute. I concur wholeheartedly in the princi- ple that the distinguished Senator from Texas is trying to adopt, which is that the members of the Commission should Identify themselves. However, I should like to point out for the benefit of Sena- tors?and I especially invite the atten- tion of the Senator from Texas?that his amendment would permit every case to go off on a side question and proof as to whether or not the investigator actually did identify himself. If some other pen- alty could be applied, such as the disem- ployment of the person who failed to identify himself or something of that sort, that would be all right. But, if a case should come into court the whole question could be decided upon a dis- putation of fact as to whether or not the investigator actually did disclose who he was. So we do not want any amend- ment of the sort proposed. Mr. TOWER. Mr. President. I yield myself 30 seconds. I point out that cases In courts of law very often fail on proce- dural points on matters that are not re- lated to the substantive issue before the court. For example, a faulty indictment may result in the negation of a criminal charge. I think that is not unreason- able. I think it is altogether reasonable that Federal officers should identify themselves to the businessman or em- ployer so that the employer would not be placed at an unfair advantage. I therefore urge the adoption of the amendment. The PRESIDING OFFICER. The question is on agreeing to the amend- ment of the Senator from Texas num- bered 963. On this question the yeas and nays have been ordered, and the clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. COOPER (when his name was called). On this vote I have a pair with the Senator from Arkansas [Mr. Fee- /MIGHT] If he were present and voting, he would vote "yea." If I were at liberty to vote, I would vote "nay." I there- fore withhold my vote. Mr. MANSFIELD (when his name was ? ...t I II ;lit Illsorehave a pair with for from Virginia [Mr. ROBERTSON] . If he were present and voting, he would vote "yea." If I