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I know the statement I am about to make will result in some disappointment on the part of some Members, and perhaps justifiably so, but it is not the intent of the leadership to have the Senate stay in session all night. It is the intent of the leadership to have the Senate take a recess within the next 2 hours.

I hope the membership will trust our judgment in this matter. It may be good, it may be bad, but in view of what we have been able to arrive at in the form of a consensus among ourselves, that is the best we can say at the moment.

SEVERAL SENATORS.

Vote! Vote! The PRESIDING OFFICER. Senator's time has expired.

The

Mr. MUNDT. Mr. President, I yield myself such time as I may require.

I ask that the Senate be in order. I cannot waste my time by attempting to speak when the Senate is in disorder.

The

The PRESIDING OFFICER. Senate will be in order.

Mr. MUNDT. I rise to express the sentiment I share with the distinguished Senator from Iowa, and some concern and some surprise about the turn of events, after 121⁄2 hours of continuous session. Although we were told we would be out of here by 11 p.m., for some reason unbeknown to a great many of us

in the Chamber, who also are Members of the Senate, we are now being told tha: we are expected to stay here for 2 more hours.

Mr. MANSFIELD. Mr. President, will the Senator yield?

Mr. MUNDT. I yield.

Mr. MANSFIELD. The Senator will take my word, I am sure, that the leadership never did say we would take a recess by 11 o'clock. We said, "11 o'clock as a minimum." My first statement was to the effect that it would be 11 o'clock or thereabouts. About 2 hours ago the question came up again; and I said, “li o'clock and some hours afterwards." I believe that is the exact language I used.

Mr. MUNDT. Of course, I take the word of the Senator from Montana. I did not get the addendum.

Mr. MANSFIELD. That was my fault. Mr. MUNDT. I should like to have the leadership take the rest of the Senate into its confidence, so we can find out whether this is to be a test of endurance. If so, I can take it. Normally, I do not go to bed until midnight; and I am just beginning to get underway; and I feel a speech coming on. I have a whole hour to use, and I might as well be doing something. If this session is to be some kind of endurance contest, I wish to be informed. If this session is to serve some useful purpose, I do not wish to throw a monkey wrench into the machinery; but I like to be confided in.

I should like to know what the thinking of the leadership is, and what the purpose of the leadership is in keeping us here in an almost around-the-clock session, which I thought might have been much more appropriately employed about 30 days ago, before we got to the situation of cloture.

Mr. MANSFIELD. The Senator from South Dakota knows that I have always been opposed to the idea of around-theclock sessions. I hope the distinguished Senator from South Dakota and the membership of the Senate as a whole will recognize that the distinguished minority leader and I have attempted, in conjunction with the deputy leaders, to arrive at a consensus which we believe will serve the best interest of the Senate and, we hope we do not know-will be in the best interests of the bill.

We have tried to be very circumspect in our dealings. It is no secret, I suppose, that many times on yesterday and today we could have raised points of order, on the basis of the quorum calls which were being too frequently asked

for. However, we felt that in the interest of harmony, it would be best not to do so.

We feel that the decision we have just arrived at is in the best interest of the Senate and is in the best interest of the consideration of the bill. All I can say to the Senator, on behalf of all of us, is that we hope he will trust us a little longer.

Mr. MUNDT. I am a very trusting soul. I trust everyone. I just did not happen to be included in the polling process by which the consensus was arrived at. So it comes as a surprise. I should like to make one observation, because I have a great deal of time left. Inasmuch as apparently we are not interested in saving time, but are interested in utilizing time, I am very glad to utilize some of my time.

I am now speaking as one who voted for cloture-one of the few times in my life that I reluctantly did. I did it because I believe in majority rule; I believe there comes a time, in a legislative body, when it is quite apparent that either there must be cloture or the majority will be denied the right to vote on a legislative measure, and therefore, in order to avoid rule by a minority, it is necessary to engage in the process called cloture.

However, I should like to say for the record because cloture will be proposed again, some day, that there will be those who will argue that we should tighten rule XXII, to make it easier to get cloture.

We are witnessing one reason why I was opposed to cloture. It tends to make a shambles of the legislative process.

I am sure no one here seriously believes we are giving careful consideration to any of the amendments being proposed. I have voted against most of them, as most other Senators have; and most of us voted against them for the same reason. There has been very little discussion of the amendments, in connection with their presentation. So when there is any doubt, it is usually safe parliamentary procedure to vote “nay.”

If cloture means, as it apparently does, that after cloture is obtained, the majority will try to grind down, by an endurance testing process, any support of amendments by Senators who have legitimate reasons to suggest amendments, or who propose them, that is an additional reason why we should not change rule XXII, and is an additional

reason why we should go slow in voting cloture.

I reserve the remainder of my time. Mr. HICKENHOOPER. I yield myself 1 minute.

The PRESIDING OFFICER. The Senator from Iowa is recognized for 1 minute.

Mr. HICKENLOOPER. I fully understand that the majority leader and the minority leader did not formally announce that the session would come to an end at 11 o'clock. But I distinctly remember conversations, at about 8 o'clock, on the floor of the Senate, in which it was stated to me that the majority leader and the minority leader had put themselves in a position in which 11 o'clock would probably be about the time for us to recess, and that they did not want to be embarrassed by being requested to take a recess earlier than that time. Of course I realize their responsibilities.

I rose to ask why this change of rules when we are between second and third base. I still do not understand it. If something constructive is to be accomplished, that is one thing.

The

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

Mr. HICKENLOOPER. I yield myself half a minute more.

The PRESIDING OFFICER. The Senator is recognized for half a minute.

Mr. HICKENLOOPER. I am like the Senator from South Dakota: I have left plenty of time in which to speak. If a constructive purpose is to be accomplished at this hour, I do not know what it is, and I have been unable to find on this side of the aisle any Senator who knows what that constructive purpose, if any, is. I am only looking for light and for some explanation.

Mr. LONG of Louisiana. Mr. President, I call up my amendment numbered

The PRESIDING OFFICER. An amendment is pending now. The question is on agreeing to the amendment (No. 846) submitted by the Senator from South Carolina [Mr. THURMOND].

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. DIRKEN (when his name was called). I have a pair with the senior Senator from Mississippi | Mr. EASTLAND). If present, and voting, he would vote

"yea." If I were at liberty to vote, I would vote "nay." I withhold my vote.

Mr. MANSFIELD (when his name was called). On this vote, I have a pair with the senior Senator from Georgia [Mr. RUSSELL]. If present and voting, he would vote "yea." If I were at liberty to vote, I would vote "nay." I withhold my vote.

The rollcall was concluded.

Mr. HUMPHREY. I announce that the Senator from Virginia [Mr. BYRD], the Senator from Mississippi [Mr. EASTLAND], the Senator from Arkansas [Mr. FULBRIGHT), the Senator from Alaska [Mr. GRUENING], the Senator from Arizona [Mr. HAYDEN], the Senator from Massachusetts [Mr. KENNEDY], the Senator from Ohio (Mr. LAUSCHE], the Senator from Michigan [Mr. MCNAMARA], the Senator from Virginia [Mr. ROBERTSON], the Senator from Georgia (Mr. Russell), and the Senator from Tennessee [Mr. WALTERS], are absent on official business.

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

I further announce that, if present and voting, the Senator from Tennessee [Mr. WALTERS], Would vote "yea."

On this vote, the Senator from Arkansas [Mr. FULBRIGHT] is paired with the Senator from Massachusetts [Mr. KENNEDY].

If present and voting, the Senator from Arkansas would vote "yea" and the Senator from Massachusetts would vote

“nay.”

On this vote, the Senator from Virginia [Mr. ROBERTSON] is paired with the Senator from California [Mr. ENGLE].

If present and voting, the Senator from Virginia would vote "yea" and the Senator from California would vote "nay."

On this vote, the Senator from Virginia [Mr. BYRD] is paired with the Senator from Michigan [Mr. MCNAMARA].

If present and voting, the Senator from Virginia would vote "yea" and the Senator from Michigan would vote "nay.”

Mr. KUCHEL. I announce that the Senator from Arizona [Mr. GOLDWATER] and the Senator from Texas [Mr. TOWER] are necessarily absent.

The Senator from Massachusetts [Mr. SALTONSTALL] is detained on official busi

ness.

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Enforcement and Administration:
EEOC-Appropriation

EDITORS' NOTE: Estimates of the cost of enforcing the law, including Title VII, were placed in the record by Congressman McCulloch (R., Ohio), and Congressman Celler (D., N.Y.).

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tain of the figures. As corrected, the total estimated cost for the Equal Employment Opportunity Commission in title VII $3,800,000, rather than $5,760,000 and the estimated cost for the Department of Justice for titles I, II, III, IV and VI is $1,595,140. rather than $1,690.140. Further, the esti mated cost for title V (Civil Rights Commis sion) has been rev from $1,425,000 to $500,000 so that it reflects only the additional estimated cost expected to result from passage of title V. rather than the total estimated cost of the Commission.

Broken down by title, the corrected preliminary cost estimates are as follows:

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