Senate 6-13-64

pp. 13696, 13697

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 LEGISLATIVE CLERK. On page 68, between lines 19 and 20, it is proposed to insert the following new section: IDENTIFICATION IN PERFOrmance of DUTIES OF COMMISSION

SEC. 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, employment agency, joint labor-management committee, or any person other than a member, officer, agent, attorney, or employee of the Commission.

(b) If any member, officer, agent, attorney, 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 employees of the EEOC to identify themselves at any time they are in an official capacity as investigators, and so forth. It provides that if they do not, there can be no unfair employment practice finding.

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 himself to employers and unions.

This may seem a little elementary to some in the Chamber, but once again I need only cite the Motorola case to show that, in past fair employment investigations, the investigators apparently have not identified themselves, and this has led to employer charges of "entrapment" of witnesses.

The specific allegations in the Motorola case are documented in the material I previously submitted for the record.

Specifically there have been charges that investigators of the President's Equal Employment Commission have not identified themselves and have thus misled witnesses.

This, of course, should not be allowed, and thus my amendment.

This is a simple amendment making certain that simple and wholly reasonable safeguards of legality and courtesy are observed.

This is a very courteous and legal body, and I am 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. ALLOTT. Mr. President, I yield myself 1 minute.

I concur wholeheartedly in the principle 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 Senators and I especially invite the attention 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 penalty could be applied, such as the disemployment 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 disputation of fact as to whether or not the investigator actually did disclose who he was. So we do not want any amendment 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 procedural points on matters that are not related 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 unreasonable. I think it is altogether reasonable that Federal officers should identify themselves to the businessman or employer 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 amendment of the Senator from Texas numbered 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. FULBRIGHT] If he were present and voting, he would vote "yea." If I were at liberty to vote. I would vote "nay." I therefore withhold my vote.

Mr. MANSFIELD (when his name was called). On this vote I have a pair with the distinguished Senator from Virginia [Mr. ROBERTSON). If he were present

and voting, he would vote "yea." If l were at liberty to vote. I would vou "nay." I therefore withhold my vote.

Mrs. NEUBERGER (when her name was called). On this vote I have a par with the Senator from Virginia [Mr. BYRD]. If he were present and voting he would vote "yea." If I were at liberty to vote, I would vote "nay." I therefore withhold my vote.

The rollcall was concluded.

Mr. HUMPHREY. I announce that the Senator from Virginia [Mr. BYRD), the Senator from Arkansas Mr. FULBRIGHT, the Senator from Arizona [Mr. HAYDEN), the Senator from Michigan [Mr. MCNAMARA], the Senator from Tennessee Mr. WALTERS], and the Senator from Virginia Mr. ROBERTSON] are 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 West Virginia Mr. RANDOLPH] 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 Michigan [Mr. MCNAMARA] would each vote "nay."

On this vote, the Senator from West Virginia [Mr. RANDOLPHI] is paired with the Senator from Tennessee [Mr. WALTERS]. If present and voting, the Senator from West Virginia would vote "nay" and the Senator from Tennessee would vote "yea."