EDITORS' NOTE: Congressman Celler (D., N.Y.) introduced an amendment clarifying the provision that states that good-faith failure to publish and file required information in reliance upon EEOC instructions is a valid defense. The change was adopted by voice vote and incorporated in the final bill.

House 2-8-64 p. 2575

AMENDMENT OFFERED BY MR. CELLER

Mr. CELLER. Mr. Chairman, I offer an amendment, which is the last clarifying amendment.

The Clerk read as follows:

Amendment offered by Mr. CELLER: Page 83, line 8, strike out "published and filed" and insert in lieu thereof the following: "failed to publish and file".

Mr. CELLER. Mr. Chairman, this would simply be clarifying language. It would not change the significance what

soever.

Mr. RODINO. Mr. Chairman, will the gentleman yield?

Mr. CELLER. I yield to the gentleman from New Jersey.

Mr. RODINO. We have checked this with various members of the committee. This amendment would merely clarify the intent of this particular section. I support the amendment.

The CHAIRMAN. The question is on the amendment offered by the gentleman from New York [Mr. CELLER]. The amendment was agreed to.

Enforcement and Administration:
Individual Enforcement-Appointment of Attorneys

EDITORS' NOTE: An amendment prohibiting the courts from assigning attorneys to complainants in employment discrimination cases was introduced by Senator Thurmond (D., S.C.). It was rejected in a roll-call vote, 26 to 67.

Senate 6-17-64 p. 14201

Tower
Walters

Williams, Del.

Kennedy
Kuchel

Lausche

Long, Mo.
Magnuson
Mansfield
McCarthy

McGee

McGovern

McIntyre
McNamara
Metcalf

Miller

Monroncy
Morse

Morton

Mr. ERVIN. Mr. President, I call up my amendments Nos. 876 and 894, and ask unanimous consent that the amendments be printed at this point in RECORD, that the reading of the amendments be omitted, and that the Senate vote upon the amendments en bloc.

The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.

Mr. ERVIN'S amendment No. 876 is as follows:

On page 53, line 19, immediately after the word "complaint", insert the words "with the consent of such attorney".

Mr. ERVIN'S amendment No. 894 is as follows:

On page 10, line 10, immediately after the word "complainant", insert the words "with tho consent of such attorney".

Moss
Mundt

Muskle

Nelson

Mr. ERVIN. Mr. President, titles II and VII of the bill provide that the court may appoint attorneys to represent complainants in private suits under those

Neuberger
Pastore

Pearson

Pell
Prouty

Proxmire

Randolph

EDITORS' NOTE: Senator Ervin (D., N.C.) introduced an amendment providing that a court couldn't appoint an attorney to represent a complainant in private litigation under Title VII or Title II without the consent of the attorney. The amendment was defeated by a roll-call vote, 26 to 71.

Smith
Symington
Williams, NJ.
Yarborough
Young, N. Dak.

Ribicoff

Saltonst
Scott

NOT VOTING-7

titles. My amendments would merely specify that the judge could not appoint an attorney to represent a complaining party in private litigation under those two titles without the consent of such attorney.

Mr. President, I ask for the yeas and

nays.

The yeas and nays were ordered.

The PRESIDING OFFICER. The question is on agreeing to the amendments of the Senator from North Carolina (Nos. 876 and 894). On this question the yeas and nays have been ordered, and the clerk will call the roll.

The Chief Clerk called the roll.

Mr. HUMPHREY. I announce that the Senator from Virginia [Mr. ROBERTSON] and the Senator from Ohio [Mr. YOUNG], are absent on official business.

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

On this vote, the Senator from Virginia [Mr. ROBERTSON] is paired with the Senator from Ohio [Mr. YOUNG). If present and voting, the Senator from Virginia would vote "yea," and the Senator from Ohio would vote "nay."