The legislative clerk read as follows: On page 35, between lines 20 and 21, insert the following new subsection:

"(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice (1) for an employer to hire any individual, or for an employment agency or labor organization to refer for employment, at the request of an employer, any individual, of a particular race, color, religion, sex, or national origin, in those certain instances where the employer involved believes, on the basis of substantial evidence, that the hiring of such an individual of a particular race, color, religion, sex, or national origin will be more beneficial to the normal operation of the particular business or enterprise involved or to the good will thereof than the hiring of an individual without consideration of his race, color, religion, sex, or national origin, or (2) for an employer to fall or refuse to hire any individual in those certain instances where the employer involved believes, on the basis of substantial evidence, that the hiring of such individual would not be in the best interests of the particular business or enterprise involved, or for the good will thereof."

Mr. MCCLELLAN. Mr. President, I ask that the amendment be modified so as to read:

On page 45, between lines 13 and 14, insert the following new subsection: “(k)".

The PRESIDING OFFICER. amendment will be so modified.

Mr. MCCLELLAN. On my amendment, I ask for the yeas and nays.

The yeas and nays were ordered. Mr. MCCLELLAN. Mr. President, I yield myself 2 minutes.

The amendment permits the hiring by an employer, or by an employment agency or labor organization to refer for employment at an employer's request, of any individual of a particular race, color, creed, or religion, when the employer believes, on the basis of substantial evidence, that the hiring of such an individual of a particular race, color, religion, sex, and so forth, would be more beneficial to the normal operations of his particular business or to its good will than the hiring of an individual of another particular race, color, or creed; and it would also permit an employer to fail or refuse to hire any individual under the same circumstances.

The

The provisions of the bill as now written, which this amendment is designed to amend, are destructive of property rights and are confiscatory in their consequences; therefore, these provisions should be eliminated. The present provisions of the bill constitute an infringement on personal liberty, denying to the employer the right to exercise his judgment in his own business affairs as to whom he might employ to help him carry on his business and whom he might employ to make the business more prosperous.

The PRESIDING OFFICER. The time of the Senator from Arkansas has expired.

Mr. MCCLELLAN. Iyield myself half a minute.

Mr. WALTERS (when his name was called). On this vote, I have a pair with the Senator from Maryland [Mr. BREWSTER). If the Senator from Maryland were present and voting, he would vote "nay." If I were at liberty to vote, I would vote "yea." I withhold my vote. The rollcall was concluded.

Mr. HUMPHREY. I announce that the Senator from Maryland [Mr. BREWSTER] is absent on official business.

I also announce that the Senator from California [Mr. ENGLE] is absent because of illness.

I further announce that the Senator from Pennsylvania [Mr. CLARK] and the Senator from Texas [Mr. YARBOROUGH] are necessarily absent.

I further announce that, if present and voting, the Senator from California [Mr. ENGLE] and the Senator from Pennsylvania [Mr. CLARK] would vote "nay."

Mr. KUCHEL. I announce that the Senator from Kentucky [Mr. CooPER] and the Senator from Illinois [Mr. DIRKSEN] are absent on official business.

The Senator from Texas [Mr. Tower] is necessarily absent.

The Senator from Arizona [Mr. GOLDWATER] is detained on official business. If present and voting, the Senator from Kentucky [Mr. COOPER] would vote “nay.”