MEMORANDUM FOR DIRECTOR OF SECURITY FROM JOHN W. COFFEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00780R004900080001-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 14, 2016
• Document Release Date: November 6, 2002
• Sequence Number: 1
• Publication Date: September 14, 1972
• Content Type: MF

STAT
FORM NO. 2 3 7 Use previous editions
1-67 G
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DD/S 72 -3570: Memo dtd 14 Sept 72 for D/Sec fr John W. Coffey re the
Ervin Bill
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14 SEP 1972
MEMORANDUM FOR: Director of Security
Oz:
ey
Deputy Director
for Support
STAT
Your memorandum of 8 September about the Ervin
bill is a helpful analysis of the troublesome provisions from your point of
view, but it is not exactly what I had in mind.
What we need is to be prepared to live with the
Ervin bill if it should pass in its present form. What solutions do you have
for the problems posed in your paragraph 7? What changes must be made
in our polygraph procedures; our review of employees' outside activities;
our overall regulations? What are we going to do to minimize the adverse
effect of the Ervin bill on our personnel security?
These and similar questions should be addressed
by the Directors of Personnel, Medical Services and yourself in conjunction
with the General Counsel to be sure that we are prepared to carry on our
business legally when the bill becomes law, if it does.
Copy to:
Director of Personnel
Director of Medical Services
DDS/SOS kbp (13 Sept 72)
Distribution:
O -Adse
1 - D/OP
1 /MS r1
DDS Subject 1 - DDS Chrono
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STAT
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 oved For Release 2003/04/29 : CIA-RDP84-007"490a
TRANSMITTAL SLIP DATE 13 Sept 72
EXTENSION
1 RM 55 24 I REPLACES FORM 36-8 (47)
FEB WHICH MAY BE USED.
 UNCLASSIFIE[ApprovEFd S e 2003/04/29: CIA-R?84ERWAft IP0080001-2^ SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Ervin Bill - Title II of House Re solution 12652
FROM: EXTENSION
NO. STAT
The Director of Security
DATE
8 S E P 1972
TO: (Officer designation, room number, and
building)
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
Deputy Director for Support
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
3O62M 61 0 USEDITIO PREVIOU
SECRET
11
CONFIDENTIAL
USE ONLY L i UNLLASSItILD
 ApproVZOITATKINTE A-R -0 0 004900080 04 f3' A A.W5 ~ LY
8 SEP 1972
STAT
MEMORANDUM FOR: Deputy Director for Support
SUBJECT : Ervin Bill
Title II of House Resolution 12652
1. This memorandum is submitted for information only.
2. Pursuant to your verbal request we are setting forth
hereinafter our analysis of the "Ervin Bill, " as it pertains to
Agency security, with a conclusion that, in order to maintain
our current standards of personnel security including employee
conduct, an exception for the Agency is necessary.
3. Section 201(b) makes it unlawful for any Agency to state
or intimate to any civilian employee that any notice will be taken of
his attendance at any lecture held or called by any outside parties
or organizations to advise, instruct or indoctrinate the civilian
employee in respect to any matter or subject other than the per-
formance of his official duties. This section could be interpreted
to prohibit the Agency from taking notice of an employee's attendance
at meetings held by a subversive group.
4. Section 201(d) forbids an agency to require or request
any civilian employee to make any report of his activities unless
such activities are related to his official duties or unless there is
reason to believe the employee is engaged in outside activities in
conflict with his official duties. This section would practically
eliminate one of the strongest tools in our security inventory; i. e.
HR II Limitations on Outside Activities. We could not, as a
rule, require security approval prior to outside part-time employ-
ment, operation of an amateur radio station overseas, some private-
Approv
AN J~DoffOOZ8?V04900080001-2
NM UNL I
 Approv AT F M 0 E 004900080001-2
foreign travel, unofficial courses of instruction, contacts with
foreigners, joining clubs and organizations and attending con-
ferences unrelated to official duties.
5. Section 201(f) forbids any polygraph test designed to
elicit from an applicant or employee information concerning his
personal relationship with any person connected with him by blood
or marriage, or concerning his religious beliefs or practices or
concerning his attitude or conduct with respect to sexual matters
unless the DCI or his designee makes a personal finding with regard
to each individual that such a test or information is required to pro-
tect the national security. Although the DCI could designate the
Director of Security and the Chief, Personnel Security Division as
his designees, and these latter two officials could authorize poly-
graph tests designed to cover the proscribed areas (as a matter of
fact, we do not elicit information concerning religious beliefs or
practices) for almost all applicants, we run the risk that a disappointed
applicant could bring civil suit and the court (Section 204) or the Board
(Section 205) could rule that since the Agency is requiring a poly-
graph examination (including the proscribed fields) in practically
all applicant cases it has not complied with the intent of the law and
in effect is not making a personal finding in each individual case.
This, then, could result in the DCI's designees being subject to civil
penalties including suspension without pay or removal from position.
6. Section 201(k) protects an employee from being interro-
gated concerning alleged misconduct, which could lead to disciplinary
action, without the presence of counsel or another person of his
choice. However, a CIA employee can be accompanied only by either
a fellow employee of his choice or by counsel who has been approved
by the Agency for access to the information involved. This section
does not define interrogation. If a supervisor calls in an employee
for being consistently late for work does the employee have the right
(admittedly an extreme case) to nominate a radical lawyer as his
counsel and defy the Agency not to clear him for access to any
classified information which may be involved? If no classified data
are involved, clearance presumably would not be a factor.
7. The weaknesses of this bill from a security viewpoint
are so substantial that only an exemption for the Agency will per-
mit us to maintain our present standards of personnel security
including employee conduct. If the bill does pass we will be faced
with the following problems:
Approve o 0~4~ ON1*49
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U
MAN
4ftOY4900080001-2
(a) Continue our current polygraph examination
and face the risk of civil suit or amend and thus
weaken our security standards.
(b) Recognize that we would have less control
over our employees' outside activities.
(c) Define "interrogation" to eliminate day-by-
day supervisor/employee relationship. In case of
serious misconduct rely more heavily upon the DCI's
power to terminate employment, particularly where
classified data may be involved.
(d) Establish a panel of cleared attorneys and
require an employee to chose an attorney from the
panel if he wants to be so represented.
8. Please advise if any additional information is desired.
nUwcLru9 Ohourn
Director Security
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3
STAT
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STAT
FROM:
EXTENSION
NO.
O
SL
L C
DATE
7 August 1972
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
The Senate approved the
2.
Ervin Bill as a rider to
H. R.
extends the
i
e
e of th
f
Commissio
o
o
C
l
l
i
n
n
n
ivi
Rights. The bill is now in
o
f
Eff
t
b
i
c
n
erence.
or
s are
e
ng
4.
made to (a) have the Ervin
amendment struck on a point of
order by the House Post Office
5.
and Civil Service Committee, or
if this fails to (b) secure a total
ti
f
h
A
i
exemp
on
or t
e
gency
n
a
conference.
ST
7.
8.
of,
unse
9
attachment
cc: Security
10.
1 1'.
12.
13.
14.
y`a
4
n
15.
MIYAL
SECRET ^ CONFIDENTIAL IT USE 0jjLy
AT
AT
 t~~5 Approved For Rel a 2003/04/29: CIA-RDP84-00780R00
all'tha'i
VT re
the dikes are about.
ognize Communist propaganda,
Paris of
are not
it originates in Stockholm or
the United States. These dams
that some ac
to the dikes.
f which has been major.
the dikes. I gat
relevant and extrankous as a political
convention can be; d to carry that
politics on the floor of t e Senate is clear-
ly irrelevant and extran us.
I simply make this p 'nt to indicate
that it is about time we de ated the gen-
uine issues which affect the United
States in foreign policy and ' domestic
policy and stop this extraneo s and in-
ane nonsense whereby Americ ns allege
that the American Governmenkis doing
what an American President ha : forbid-
den to be done and which is not being
done.
Th
pore.
ator
ACTING PRESIDENT pro tem-
nder the previous order, the Sen-
remarks that Mr. SCHWEIKER
en he introduced S. 3880, the
Diabetic Education and Detec-
are printed in the Routine
usiness section of the RECORD
NG PRESIDENT pro tem-
the previous order, the dis-
ate Resolution 42 dealing with bombing
of dikes in Not th Vietnam and the re-
RECORD under Su
tion.)
ect are printed in the
Business section of the
his time to the able
chusetts?
delegates seemed to
were against lettuce
Senator from Massach
NEDY).
own right.
submission of an amendment t
Approved Fo
tivities or undertakings are related to the per-
formance of official duties to which he is or
may be assigned in the department or agency.
or to the development of skills, knowledge,
or abilities which qualify him for the per-
formance of such duties.
(d) To require or request, or to attempt
to require or request, any civilian employee
of the United States serving in the depart-
ment or agency to make any report concern-
ing any of his activities or undertakings un-
less such activities or undertakings are re-
lated to the performance of official duties to
which he Is or may be assigned In the de-
partment or agency, or to the development of
skills, knowledge, or abilities which qualify
him for the performance of such duties, or
unless there is reason to believe that the
civilian employee is engaged in outside ac-
tivities or employment in conflict with his
offical dutes.
(e) To require or request, or to attempt to
require or request, any civilian employee of
the United States serving in the department
or agency, or any person applying for employ-
ment as a civilian employee in the executive
branch of the United States Government, to
submit to any Interrogation or examination
or to take any psychological test which is
designed to elicit from him information con-
cerning his personal relationship with any
person connected with him by blood or mar-
riage, or concerning his religious beliefs or
practices, or concerning his attitude or con-
duct with respect to sexual matters: Pro-
vided, however, That nothing contained in
this subsection shall be construed to prevent
a physician from eliciting such information
or authorizing such tests in the diagnosis or
treatment of any civilian employee or appli-
cant where such physician deems such in-
formation necessary to enable him to deter-
mine whether or not such individual is suf-
fering from mental illness: Provided further,
however, That this determination shall be
made in individual cases and not pursuant
to general practice or regulation governing
the examination of employees or applicants
according to grade, agency, or duties: Pro-
vided further, however, That nothing con-
tained in this subsection shall be construed
to prohibit an officer of the department or
agency from advising any civilian employee
or applicant of a specific charge of sexual
misconduct made against that person, and
affording him an opportunity to refute the
charge.
(f) To require or request, or attempt to re-
quire or request, any civilian employee of
the United States serving in the department
or agency, or any person applying for em-
ployment as a civilian employee in the execu-
tive branch of the United States Government.
to tabu any
oly.....,
t
t d
i
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p
.
es
el
ned
tine Morning Busi-
?.ECORD under Gun
~-nt.)
EXTENSION OF THE COMMISSION
ON" CIVIL RIGHTS
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Sen-
ate proceed to the consideration of Cal-
endar No. 955, H.R. 12652.
The ACTING PRESIDENT pro tem-
pore (Mr. METCALF). The bill will be
stated by title.
The legislative clerk read as follows:
A bill (H.R. 12652) to extend the life of
this Commission on Civil Rights, to expand
the jurisdiction of the Commission to include
discrimination because of sex, to authorize
appropriations for the Commission, and for
other purposes.
the United States serving In the department
or agency that any notice will be taken of
his attendance or lack of attendance at any
assemblage, discussion, or lecture held or
called by any officer of the executive branch
of the United States Government, or by any
person acting or purporting to act under
his authority, or by any outside parties or
organizations to advise, instruct, or indoc-
trinate any civilian employee of the United
States serving in the department or agency
In respect to any matter or subject other
than the performance of official duties to
which he is or may be assigned in the de-
partment or agency, or the development of
skills, knowledge, or abilities which qualify
him for the performance of such duties:
Provided, however, That nothing contained
in this subsection shall be construed to pro-
hibit taking notice of the participation of a
civilian employee in the activities of any pro-
fessonal group or association.
(c) To require or request, or to attempt to
require or request, any civilian employee of
The ACTING PRESIDENT pro tem- /the United States serving in the department
pore. Is there objection to the present-/ or agency to participate in any way in any
consideration of the bill? v activities or undertakings unless such ac-
There being no objection, the Senate
proceeded to consider the bill, which had
been reported from the Committee on the
Judiciary with amendments on page 1,
after the enacting clause, insert:
TITLE I-EXTENSION OF LIFE OF COM-
MISSION ON CIVIL RIGHTS
At the beginning of line 5, strike out
"That section" and insert "Sec. 101. Sec-
tion "; on page 2, at the beginning of line
3, change the section number from "2" to
"102"; at the beginning of line 12, change
the section number from "3" to "103"; at
the beginning of line 19, change the sec-
tion number from "4" to "104"; at the
beginning of line 23, change the section
number from "5" to "105"; on page 3,
at the beginning of line 10, change the
section number from "6" to "106"; in
line 15, after the word "of", strike out
"$6,500,000" and insert "$5,500,000"; in
line 17, after the word "of", strike out
"$8,500,000" and insert "$7,000,000";
and, after line 17, insert a new title, as
follows:
TITLE II-PROTECTION OF CONSTITU-
TIONAL RIGHTS OF GOVERNMENT EM-
PLOYEES
Sac. 201. It shall be unlawful for any officer
of any executive department or any executive
agency of the United States Government, or
for any person acting or purporting to act
under his authority, to do any of the follow-
ing things:
(a) To require or request, or to attempt to
require or request, any civilian employee of
the United States serving in the department
or agency, or any person seeking employment
in the executive branch of the United States
Government, to disclose his race, religion, or
national origin, or the race, religion, or na-
tional origin of any of his forebears: Pro-
vided, however, That nothing contained in
this subsection shall be construed to prohibit
inquiry concerning the citizenship of any
employee or person if his citizenship is a
statutory condition of his obtaining or re-
taining his employment: Provided further,
That nothing contained in this subsection
shall be construed to prohibit inquiry con-
cerning the national origin or citizenship of
any such employee or person or of his fore-
bears, when such inquiry is deemed neces-
sary or advisable to determine suitability for
assignment to activities or undertakings re-
lated to the national security within the
United States or to activiies or undertakings
of any nature outside the United States.
(b) To state or intimate, or to attempt to
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sonai%relationship with any person connected
with him by blood or marriage, or concern-
ing his religious beliefs or practices, or con-.
cerning his attitude or conduct with respect
to sexual matters.
(g} To require or request, or to attempt to
require or request, any civilian employee
of the United States serving In the depart-
ment or agency to support by personal endea-
vor or contribution of money or any other
thing of value the nomination or the elec-
tion of any person or group of persons to
Vpublic Office in the Government of the United
St
t
f
St
di
t
i
t C
t
a
es or o
any
a
e
r
c
ommon-
s
,,wealth, territory, or possession of the United
ings of any political party of the United
States or of any State, district, Common-
wealth, territory, or possession of the United
States.
(h) To coerce or attempt to coerce any ci-
vilian employee of the United States serving
in the department or agency to invest his
earnings in bonds or other obligations or
securities issued by the United States or any
/ of its departments or agencies, or to make do-
nations to any institution or cause of any
kind: Provided, however, That nothing con-
tained in this subsection shall be construed
to prohibit any officer of any executive de-
partment or any executive agency of the
United States Government, or any person act-
ing or purporting to act under his
author- ity, from calling meetings and taking any
action appropriate to afford any civilian em-
ployee of the United States the opportunity
voluntarily to invest his earnings in bonds
or other obligations or securities issued by
the United States or any of its departments
or agencies, or voluntarily to make dona-
tions to any institution or cause.
(I) To require or request, or to attempt
to require or request, any civilian employee
of the United States serving in the depart-
ment or agency to disclose any items of his
property, income, or other assets, source of
income or liabilities, or his personal or
9omest ic expenditures or those of any mem-
er of his family or household: Provided
employee serves, or by counsel who has been
approved by the agency for access to the in-
formation involved.
(1) To discharge, discipline, demote, deny
promotion to, relocate, reassign, or otherwise
discriminate in regard to any term or condi-
tion of employment of, any civilian employee
of the United States serving in the depart-
ment or agency, or to threaten to commit any
of such acts, by reason of the refusal or fail-
iu?e of such employee to submit to or comply
with any requirement, request, or action
made unlawful by this Act, or by reason of
the exercise by such civilian employee of
Any right granted or secured by this Act.
SEC. 202. It shall be unlawful for any officer
of the United States Civil Service Commis-
sion, or for any person acting or purporting
to act under his authority, to do any of the
following things:
(a) To require or request, or to attempt
to require or request, any executive depart-
ment or any executive agency of the United
States Government, or any officer or employee
serving in such department or agency, to
violate any of the provisions of section 1 of
this Act. '
(b) To require or request, or to attempt
to require or request, any person seeking to
establish civil service status or eligibility for
employment in the executive branch of the
United States Government, or any person
applying for employment in the executive
branch of the United States Government, or
any civilian employee of the United States
serving in any department or agency of the
United States Government, to submit to any
interrogation or examination or to take any
psychological test which is designed to elicit
from him information concerning his per-
sonal relationship with any person connected
with him by blood or marriage, or concern-
ing his religious beliefs or practices, or con-
cerning his attitude or conduct with respect
to sexual matters: Provided, however, That
nothing contained in this subsection shall be
construed to prevent a physician from elicit-
ing such information or authorizing such
tests in the diagnosis or treatment of any
however, That this subsection shall not ap- civilian employee or applicant where such
ply to any. civilian employee who has au- physician deems such information necessary
thority to make any final determination
with respect to the tax or other liability of,
any person, corporation, or other legal en-
tity to the United States, or claims which
require expenditure of moneys of the United
States: Provided further, however, That
nothing contained in this subsection shall
prohibit the Department of the Treasury or
any other executive department or agency of
the United States Government from requir-
ing any civilian employee of the United States
to make such reports as may be necessary
or appropriate for the determination of his
liability for taxes, tariffs, custom duties, or
other obligations imposed by law.
(j) To require or request, or to attempt to
require or request, any civilian employee of
the United States embraced within the terms
of the proviso in subsection (1) to disclose
any items of his property, income, or other
V assets, source of income, or liabilities, or his
to enable him to determine whether or not
such individual is suffering from mental ill-
ness: Provided further, however, That this
determination shall be made in individual
cases and not pursuant to general practice
or regulation governing the examination of
employees or applicants according to grade,
agency, or duties: Provided further, however,
That nothing contained in this subsection
shall be construed to prohibit an officer of
the Civil Service Commission from advising
any civilian employee or applicant on a
specific charge of sexual misconduct made
against that person, and affording him an
opportunity to refute the charge.
(c) To require or request, or to attempt
to require or request, any person seeking to
establish civil service status or eligibility for
employment in the executive branch of the
United States Government, or any person ap-
plying for employment in the executive
of any member of his family or household any civilian employee of the United States
other than specific items tending to indicate serving in any department or agency of the
a conflict of interest in respect to the per- United States Government, to take any poly-
formance of any of the official duties to which graph test designed to elicit from him in-
he is or may be assigned. formation concerning his personal relation-
(k) To require or request, or to attempt ship with any person connected with him by
to require or request, any civilian employee: blood or marriage, or concerning his religious
of the United States serving in the depart- beliefs or practices, or concerning his attitude
ment or agency, who is under investigation or conduct with respect to sexual matters.
for misconduct, to submit to interrogation SEC. 203. It shall be unlawful for any com-
?which could lead to disciplinary action with-. missioned officer, as defined in section 101 of
out the presence of counsel or other person title 10, United States Code, or any member
of his choice, if he so requests: Provided, of the Armed Forces acting or purporting to
however, That a civilian employee of the_ act under his authority, to require or request,
United States serving in the Central Intelli- or to attempt to require or request, any
gene Agency or the National Security Agency civilian employee of the executive branch of
may be accompanied only by a person of his, the United States Government under his his redecessor was a inted shall be ap-
choice who serves in the aednep vM- Ref o$~ 4JZ9 ru a~ $ -OO 8 RUO4gG 0 0 - such term.
requirements made unlawful by section 1 of
this Act.
SEC. 204. Whenever any officer of any ex-
ecutive department or any executive agency
of the United States Government, or any
person acting or purporting to act under his
authority, or any commissioned officer as de-
fined in section 101 of title 10, United States
Code, or any member of the Armed Forces
acting or purporting to act under his au-
thority, violates or threatens to violate any
of the provisions of section 1, 2, or 3 of this
Act, any civilian employee of the United
States serving in any department or agency
of the United States Government, or any
person applying for employment in the ex-
ecutive branch of the United States Gov-
ernment, or any person seeking to establish
civil service status or eligibility for employ-
ment in the executive branch of the United
States Government, affected or aggrieved by
the violation or threatened violation, may
bring a civil action in his own behalf or In
behalf of himself and others similarly situ-
ated, against the offending officer or person in
the United States district court for the dis-
trict in which the violation occurs or is
threatened, or the district in which the of-
fending officer or person is found, or in the
United States District Court for the District
of Columbia, to prevent the threatened vio-
lation or to obtain redress against the con-
sequences of the violation. The Attorney Gen-
eral shall defend all officers or persons sued
under this section who acted pursuant to an
order, regulation, or directive, or who, in his
opinion, did not willfully violate the pro-
visions of this Act. Such United States dis-
trict court shall have jurisdiction to try and
determine such civil action irrespective of
the actuality or amount of pecuniary injury
done or threatened, and without regard to
whether the aggrieved party shall have ex-
hausted any administrative remedies that
may be provided by law, and to issue such re-
straining order, interlocutory injunction,
permanent injunction, or mandatory injunc-
tion, or enter such other judgment or de-
cree as may be necessary or appropriate to
prevent the threatened violation, or to af-
ford the plaintiff and others similarly situ-
ated complete relief against the consequences
of the violation. With the written consent of
any person affected or aggrieved by a viola-
tion or threatened violation of section 1, 2,
or 3 of this Act, any employee organization
may bring such action on behalf of such
person, or may intervene in such action. For
the purposes of this section, employee or-
ganizations shall be construed to include any
brotherhood, council, federation, organiza-
tion, union, or professional association made
up in whole or in part of civilian employees
of the United States and which has as one of
its purposes dealing with departments, agen-
cies, commissions, and independent agencies
of the United States concerning the condi-
tion and terms of employment of such em-
ployees.
SEC. 205. (a) There is hereby established
a Board on Employees' Rights (hereinafter
referred to as the "Board"). The Board shall
be composed of three members, appointed
by the President, by and with the advice
and consent of the Senate. The President
shall designate one member as chairman.
No more than two members of the Board
may be of the same political party. No
member of the Board shall be an officer or
employee of the United States Government.
(b) The term of office of each member of
the Board shall be five years, except that
(1) of those members first appointed, one
shall serve for five years, one for three years,
and one for one year, respectively, from the
date of enactment of this Act, and (2) any
member appointed to fill a vacancy occurring
prior to the expiration of the term for which
 ja jv Approved Ford sg 0i /~04/ IAIR U4 0A( 7~ ~}5.9000800q47>,cJ~6t)u , t;,
(c) ?Members of the Board shall be corn- fifteen days, and (Ii) in.tno case of a second
pencilled at the rate of $75 a day for each or subsequent offense by any such officer
day spent in the work of the Board, and or employee, order the suspension without
shall be paid actual travel expenses and pay of such officer or employee from the
per diem in lieu of subsistence expenses when position or office held by him for a period
away; from their usual places of residence, of not to exceed thirty days or order the
as authorized by section 6703 of title 5, removal of such officer or employee from
United States Code. such position or office; and
(d) Two members shall constitute a (B) in the case of any offense by any,
quorum for the transaction of business. officer appointed by the President, by and
(e) The Board may appoint and fix the with the advice and consent of the Senate,
compensation of such officers, attorneys, and transmit a report concerning such violation
employees, and make such expenditures as to the President and the Congress.
may be necessary to carry out its functions. (1) If the Board shall determine that any
(f) The Board shall make such rules and violation of this Act has been committed or
regulations as shall be necessary and proper threatened by any officer of any of the Armed
to carry out its functions. Forces of the United States, or any person
(g) The Board shall have the authority purporting to act under authority conferred
and duty to receive and investigate written y such officer, the Board shall (1) submit a
complaints from or on behalf of any person /report thereon to the President, the Con-
claiming to be affected or aggrieved by any gress, and the Secretary of the military de-
violation or threatened violation of this Act partment concerned, (2) endeavor to elimi-
and to conduct a hearing on each such com- hate, any unlawful act or practice which con-
plaint. Within ten days after the receipt stitutes such a violation by informal meth-
of any such complaint, the Board shall fur- ods of conference, conciliation, and persua-
nish notice of the time, place, and nature Sion, and (3) refer its determination and the
of the hearing thereon to all interested par- record in the case to any person authorized
ties. The Board shall render its final decision to convene general courts-martial under sec-
with respect to any complaint within thirty tion 822 (article 22) of title 10, United States
days after the conclusion of its hearing Code. Thereupon such person shall take im-
thereon. mediate steps to dispose of the matter un-
(h) Officers or representatives of any Fed- der chapter 47 of title 10, United States Code
eras employee organization in any degree. Uniform Code/Military Justice).
concerned with employment of the category (m) Any party aggrieved by any final de-
in which any alleged violation of this Act termination or order of the Board may in-
occurred or Is threatened shall be given an stitute, in the district court of the United
opportunity to participate in each hearing States for the judicial district wherein the
violation or threatened violation of this Act
conducted under this section, through sub-
occurred, of written data, views, or arguments, , or in the United States District
Court for the. District of Columbia, a civil
and in the discretion of the Board, with op-
action for the review of such determination
portunity for oral presentation. Government
or order. If any such action, the court shall
employees called upon by any party or by
d e
have jurisdiction Federal employee organization to par- set aside any y de e d toterminna determination or or, order modify, made
ticipate in any phase of any administrative
or judicial proceeding under this section by the Board which is under review, or (2)
shall be free to do so without incurring travel require the Board to make any determina-
tion or order which it is authorized to make
cost or suffering loss in leave or pay; and
under subsection
all such employees shall be free from re- re , but which it has Set
fused to o make. The viewing court shall set
straint, coercion, interference, intimidation, aside any finding, conclusion, determination,
or reprisal in or because of their participa- or order of the Board as to which complaint
tion. Any periods of time spent by Govern- is made which is unsupported by substantial
ment employees during such participation evidence on the record considered as a whole.
shall be held and considered to be Federal (Ii) The Board shall submit, not later than
employment for all purposes. March 31 of each year, to the Senate and
(I) Insofar as consistent with the pur- House of Representatives, respectively, a re-
poses of this section, the provisions of sub- port on its activities under this section dur-
chapter II of chapter 5 of title 5, United ing the immediately preceding calendar year,
States Code, relating to the furnishing of including a statement concerning the nature
notice and manner of conducting agency of all,complaints filed with it, its determina-
hearings, shall be applicable to hearings con- tions and orders resulting from hearings
ducted by the Board under this section. thereon, and the names of all officers or em-
no Individual or organization acting In be-
half of such employee, shall be permitted
to invoke the provisions of sections 4 and
5 without first submitting a written com-
plaint to the agency concerned about the
threatened or actual violation of this Act
and affording such agency one hundred and
twenty days from the date of such com-
plaint to prevent the threatened violation
or to redress the actual violation: Provided.
however, That nothing in this Act shall be
construed to affect any existing authority of
the Director of Central Intelligence under
section 403(c), of title 60, United States
Code, and any authorities available to the
National Security Agency under section 833
of title 50, United States Code, to terminate
the employment of any employee.
SEC. 208. Nothing in this Act shall be con-
strued to affect in any way the authority of
the Directors of the Central Intelligence
Agency or the National Security Agency to
protect or withhold information pursuant
to statute or executive order. The personal
certification by the Director of the agency
that disclosure of any information is incon-
sistent with the provision of any statute or
Executive order shall be conclusive and no
such information shall be admissible in evi-
dence in any Interrogation under section
1(k) or in any civil action under section 4
or in any proceeding or civil action under
section 5
SEC. 209. This Act shall not be applicable to
the Federal Bureau of Investigation.
SEC. 210. Nothing contained in sections 4
and 5 shall be construed to prevent establish-
ment of department and agency grievance
procedures to enforce this Act, but the exist-
ence of such procedures shall not preclude
any applicant or employee from pursuing
the remedies established by this Act or any
other remedies provided by law: Provided,
however, That if under the procedures estab-
lished, the employee or applicant has ob-
tained complete protection against threat-
ened violations or complete redress for viola-
tions, such action may be pleaded in bar in
the United States district court or in pro-
ceedings before the Board . on Employee
Rights: And provided further, That if an
employee elects to seek a remedy under either
section 4 or section 5, he waives his right
to proceed by an independent action under
the remaining section.
SEC. 211, If any provision of this Act or the
application of any provision to any person
or circumstance shall be held invalid, the
remainder of this Act or the application of
such provision to persons or circumstances
other than those as to which it is held in-
valid, shall not be affected.
(j) If the Board shall determine after ployees of the United States with respect to LEGISLATIVE HISTORY OF TITLE II OF H.R. 12652
hearing that a violation of this Act has not whom any penalties have been imposed un-
occurred or is not threatened, the Board der this section. Mr. ERVIN. Mr. President, title II of
shall state its determination and notify all (o) There are authorized to be appropri- H.R. 12652 is identical to S. 1438 which
interested parties of such determination. ated sums necessary, not in excess of $100,000 was approved by the Senate by unani-
Each such determination shall constitute a to carry out the provisions of this section. mous consent last December. Its provi-
final decision of the Board for purposes of SEC. 206. Nothing contained in this Act sions are designed to protect the con-
judicial review. . shall be construed to prohibit an officer of
e
(k) If the Board shall determine that any the Central Intelligence Agency or of the executive rights of employees the
prevent violation of this Act has been committed or National -Security Agency from requesting executive bgover and t0 io Un-
threatened by any civilian officer or em- any civilian employee or applicant to take a warranted governmental invasions of
ployee of, the United States, the Board im- polygraph test, or to take a psychological their privacy. I proposed the addition
mediately (1) issue and cause to be served test, designed to elicit from him Informs- of this title to the House bill to extend
on such officer or employee an order requiring tion concerning his personal relationship the life of the Civil Rights Commission
such officer or employee to cease and desist with any person connected with him by blood to afford the Senate another chance to
from the unlawful act or practice which . or marriage, or concerning his religious be- express its desire to protect the privacy
constittues a violation, (2) endeavor to elim- liefs or practices, or concerning his attitude of millions of citizens 'who now .work
inate any such unlawful act or practice or conduct with respect to sexual matters, or for the Government or who may apply to
by informal methods of conference, concilia- to provide a personal financial statement, if
tion, and persuasion, and (3) may-, the Director of the Central Intelligence work for it.
(A) (I) in the case of the first offense by Agency or his designee or the Director of the The December vote was not the first
any civilian officer or employee of the United National Security Agency or his designee time the Senate expressed itself on this
States, other than any officer appointed by makes a personal finding with regard to each issue and sent to the House this meas-
the President, by and with the advice and individual to be so tested or examined that ure containing privacy guarantees.
consent of the Senate, issue an official rep- such test or information is required to pro- I introduced this bill in 1966 in the
rimand agains such officer or employee tect the national security.
or order the suspension without pay of such SEC. 207. No civilian employee of the United 89th Congress. Hearings were conducted
officer or employee from the position or of. States serving in the Central Intelligence and staff studies were made on the
flee held by him for a eriod of not W exc d Agency or the National Security Agency, and problems. In the 90th Congress I rein-
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August 4-, 1972 CONGRESSIONAL. RECORD -- SENATE S 1269i
trodueed the bill with 54 CospOI1so1'S, 1438, a bill approved by the Committee in and consultants will be paid at a rate not to
and it was unanimously and favorably the First Session as an Act to protect the exceed the daily rate paid a GS-15. These
reported by the Committee on the Judi- civilian employees of the executive branch of provisions are comparable to those now in
the United States Government in the enjoy- effect in other government agencies.
ciary as S. 1035. On September 13, 1967, ment of their constitutional rights and to STATEMENT
the Senate approved it by an impres- prevent unwarranted governmental inva- The Commission on Civil Rights was ere-
sive vote of 79 to 4, a vote that totaled sions of their privacy. ated in 1957 as an independent fact-finding
90 to 4 by the time absentees were re- TITLE I-LEGISLATIVE 1-I7sTORY agency with a two-year life span. Its power
corded. The bill was then referred to President Nixon in his State of the Union was limited to conducting studies and making
the House Post Office and Civil Service message of January 20, 1972, called for a five- recommendations to the President and Con-
Committee which did not report on it in year extension of the Civil Rights Commis- gress concerning denials of equal protection
the 90th Congress. sion and the expansion of its jurisdiction to based on race, color, religion, and national igin. In the 91st Congress, I reintroduced include e Commission based on itsex. s proposals orThe Commission has since been extended
pro-
the identical thell as 782 ttee considered -which were introduced in the House (H.R. five times by the Congress. Its staff and pro-
it, held hearings, gs, conducted 12652) on January 26, 1972, and in the Sen- gram have expanded, and its appropriation
it, held hearings, conducted investiga- imouly ate (S. 3121) on February 3, 1972. The bills authorization has steadily climbed to its pres-
tions, and reported the bill unanimously. were identical, calling for an extension of the ent level of $4.0 million for fiscal year 1972.
The Judiciary Committee repeated their Commission for five years, an expansion of its In the early years of its existence, the
support for the bill and again recom- jurisdiction to include sex discrimination, Commission concerned itself largely with the
mended that the bill be enacted. and an open-ended appropriation authoriza- problems facing black Americans. Recently,
however, it has turned its attention to other
True to the sentiments of their con- lion.
stituents and to o the the extensive editorial Subcommittee No. 5 of the House Judiciary minority groups, most notably Indians and
support for this privacy bill, Members of Committee held hearings on H.R. 12652 on Mexican Americans. More than 60% of its
the Senate again approved the measure, February 24, 1972. At the conclusion of the recommendations have been enacted into
hearings, the subcommittee replaced the law.
this time by unanimous consent. The bill open-ended authorization with an author- The Committee is of the view that there
was again sent to the House Post Office ization ceiling of $6.5 million for fiscal year is a continuing need for the Commission to
and Civil Service Committee whose sub- 73 and $8.5 million for fiscal years 74-78. appraise the policies of the federal govern-
on was passed the House ment sits respect sour eil rights an lion
committee conducted some hearings. I The e bill aamended
appeared before that subcommittee and Representatives y 1
reported on the complaints and findings S. 3121 and H.R. 12652 were referred to the for future legislative proposals.
in the Constitutional Rights Subcommit- Senate Judiciary Committee. The Subcom- The Committee also favors the Inclusion
mittee on Constitutional Rights held hear- of sex discrimination as a logical expansion
tee. No further action was taken by the ings on the bills on June 16, 1972. Testimony of the Commission's jurisdiction. The Com-
House committee in that Congress. from the Commission was received in support mission is already empowered to investigate
In 1971, for the third time, I introduced of H.R. 12652. Also testifying in support of denials of equal protection on other grounds,
the employee "bill of rights" as S. 1438, the bill was the national director of the and has a working structure designed to
with 50 cosponsors. National Federation of Business and Profes- cope with such problems. The Committee
For the third time, the subcommittee sional Women's Clubs. Statements of sup- hopes, however, that the Commission's as-
and the Committee on the Judiciary port were submitted by three Senators, The sumption of new jurisdiction will not signify
Women's Equity Action League, The League a slackening of the Commission's efforts to
unanimously recommended that it be en- of Women Voters of the United States, The deal with problems of neglected smaller
acted. And by unanimous consent, the Leadership Conference on Civil Rights. The minorities. The Committee furthermore
Senate approved this measure for the Duluth Business and Professional Women's hopes that particular attention will be given
third time. For the third Congress, the Club, and the Pennsylvania Commission on to the special problems of minority women
House has not acted. the Status of Women. No testimony or state- when the Commission turns its attention to
There has been widespread support for ments were received in opposition to the bill. the problems of sex discrimination in gen-
The aforementioned communications can be eral. In short, the grant of additional juris-
this I believe measure for many Americans years. today fear for found in the printed text of the hearings. diction should not be allowed to cloud the
The bill as amended was reported by the other important concerns of the Commission.
their privacy and their constitutional subcommittee by a divided vote. Finally, the Committee favors the fiscal
freedoms. This bill will provide some TITLE As AMENDED limits of $,5.5 million in fiscal year 73 and
minimum statutory guarantees for mil- Title I has three primary purposes, and $7.0 million in the succeeding four fiscal
lions of citizens who work for the execu- three secondary ones. years as a more realistic estimate of the
tive branch of the Federal Government Section 4 provides that the Commission Commission's costs than those contained in
the House bill. The authorization of the
or wino may apply to work for it. will make its final report to the President
The amendments were agreed to. and to the Congress by June 30, 1978, rather Commission fo for of $5 fiscal l m year 72 illion in was fi$4 $4.0 .0 mil-
mil-
The amendments were ordered to be than January 31, 1973. This, in effect, extends 73 represents a 37.5% increase over fiscal
engrossed and the bill to be read a third the life of the Commission for five years and year 72; the $7.0 million, a 75% increase over
time. five months. Section 3 expands the jurisdiction of the fiscal year 72. These authorizations repre-
-
The bill was read the third time, and Commission to include discrimination based sent, the Committee feels, amounts reason-
passed. on sex. At present, the Commission's juris- ably calculated to allow the Commission to
Mr. ROBERT C. BYRD. Mr. President, diction is limited to investigating denials carry out its responsibilities.
I ask unanimous consent to have printed of equal protection based on race, color, reli- The Committee has already requested an.
the an Ion, or national origin. increase in the appropriations for fiscal year
in
o. ea06) RECORD , explaining from the the purposes report g Section as amended provides 73 to $4.8 million without the new juris-
ffiscal a ceiling appropriations of $5.6 million for year r diction to cover sex discrimination. The au-
Of t f the e measure. 73, and $7.0 million for the four succeed- thorization called for in the Committee
There being no objection, the excerpt Ing fiscal years. The bill as originally intro- amendment provides $.7 million for fiscal year
was ordered to be printed in the RECORD, duced contained an open-ended authoriza- 1973 in addition to this request to allow the
as follows: lion for "such sums as are necessary to carry Commission to begin its new work in the
.. ,.~~ r.f v ,11 'riminatinn and a contenl-
AMENUM-1- out the provisions of this t UV. 1110 u111 was
1. Amendment No. 1 provides that Section amended in the House, however, to provide plated project on Asian-Americans. The $7.0
106, lines 11 through 15, page 3, be deleted a ceiling of $6.5 million in fiscal year 73 and million figure for fiscal years 74 through 78
and the following inserted in lieu thereof: $8.5 million in the four succeeding fiscal makes it possible for the Commission to ex-
SEC. 106. For the purposes of carrying out years. The amended provision thus represents pand its efforts in the area of sex discrimina-
this Act, there is authorized to be appropri- a reduction in the authorization approved by tion and allows for future cost increases to
ated for the fiscal year ending June 30, 1973, the House of $1 million in fiscal year 73 its total program.
the sum of $5.5 million, and for each fiscal and $1.5 million in each of the succeeding COSTS
year thereafter through June 30, 1978, four fiscal years. In accordance with Section 252 of the Leg-
the sum of $7.0 million. Sections 1, 2, and 5 of the bill provide for islative Reorganization Act of 1970, the Coni-
The amendment to Section 106 of the bill increased compensation for witnesses, com- mittee estimates the costs of H.R. 12652, as
reduces the amounts of appropriations au- missioners, and consultants, respectively. amended, in fiscal year 1973 will be $1.5 mil-
thorized for the Commission In fiscal years Witnesses will be paid at the rate paid wit- lion more than the appropriation of $4.0
1973 through 1978, as provided in the House nesses in federal courts. Commissioners will million already authorized. If the Civil
bill. be compensated at the rate of level IV of the Rights Commission is extended until Decem-
2. Amendment No.A~$l~6p.lep6q'a2e/n jla~s4h'_klifli $ I~88ub~Ye4 Wd d by the bill, the
bill, which incorporates the provisions or b. day spent h oI'k e n s to be $7.0 million
 1269?
for ;ch of.the
1978.
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C O R SSIONA , ii,_ - a August /y," Jul-2
going to deal with them on the basis of sus-
picion, and delve Into their private lives, be-
cause if there is anything the average Ameri-
can cherishes, it is his right of freedom of
action, and his right to privacy. So I think
this bill is hitting at an evil that has grown
up, maybe not intended, but which is hurt-
ing the ability of the Federal Government
to acquire the type of personnel that we must
have in the career service."
Third is the growing need for the beneficial
influence which such a statute would provide
in view of the present impact of Federal
policies, regulations and practices on those
of State and local government and of private
business and industry. An example of the
interest demonstrated by governmental and
private employers is the following comment
by Allan J. Graham, secretary of the Civil
Service Commission of the city of New York:
"It is my opinion, based on over 25 years
of former Government service, including
some years in a fairly high managerial ca-
pacity, that your bill, if enacted into law, will
be a major step to stem the tide of "Big
Brotherism," which constitutes a very real
threat to our American way of life.
"In my present position as secretary of the
Civil Service Commission of the city of New
York, I have taken steps to propose the in-
clusion of several of the concepts of your bill
into the rules and regulations of the city civil
service commission."
Passage of the bill will signify congres-
sional recognition of the threats to individual
privacy posed by an advanced technology and
by increasingly more complex organizations.
Illustrating these trends is the greatly ex-
panded use of computers and governmental
and private development of vast systems for
the efficient gathering of information and for
data storage and retrieval. While Government
enjoys the benefit of these developments,
there is at the same time an urgent need for
defining the areas of individual liberty and
privacy which should be exempt from the un-
warranted instrusions facilitated by scientific
techniques.
As Prof. Charles Reich of Yale Law School
has stated, this bill "would be a significant
step forward in defining the right of privacy
today."
"One of the most important tasks which
faces the Congress and State legislatures in
the next decade is the protection of the citi-
zen against invasion of privacy," states Prof.
.Stanley Anderson of the University of Cali-
fornia, Santa Barbara. "No citizens," in his
opinion, "are in more immediate danger of
incursion into private affairs than Govern-
ment employees. When enacted the bill will
provide a bulwark of protection against such
incursions."
The bill is based on several premises which
the subcommittee investigation has proved
valid for purposes of enacting this legisla-
tion. The first is that civil servants do not
surrender the basic rights and liberties which
are their due as citizens under the Constitu-
tion of the United States by their action in
accepting Government employment. Chief
among these constitutional protections is
the first amendment, which protects the
employee to privacy in his thoughts, beliefs
and attitudes, to silence in his action and
participation or his inaction and nonpar=
ticipation in community life and civic affairs.
This principle is the essence of constitutional
liberty'in a free society.
The constitutional focus of the bill was
emphasized by Senator Ervin in the follow-
ing terms when he introduced S. 1035 on
February 21, 1967:
"If this bill is to have any meaning for
those it affects, or serve as a precedent for
those who seek guidelines in those matters,
its purpose must be phrased in constitu-
tional terms. Otherwise its goals will be lost.
"We must have as our point of reference
I believe that the Constitution, as it was
drafted and as it has been implemented, em-
bodies a view of the citizen as possessed of
an inherent dignity and as enjoying certain
basic liberties. Many current practices of
Government affecting employees are uncon-
stitutional; they violate not only the letter
but the very spirit of the Constitution.
"I introduced this bill originally because I
believe that, to the extent it has permited
or authorized unwarranted invasion of em-
ployee privacy and unreasonable restrictions
on their liberty, the Federal Government has
neglected its constitutional duty where its
own employees are concerned, and It has
failed in its role as the model employer for
the Nation.
"Second, although it is a question of some
dispute, I hold that Congress has a duty
under the Constitution not only to consider
the constitutionality of the laws it enacts,
but to assure as far as possible that those in
the executive branch responsible for admin-
istering the laws adhere to constitutional
standards in their programs, policies, and ad-
ministrative techniques."
The committee believes that it is time for
Congress to forsake its reluctance to tell the
executive branch how to treat its employees.
When so many American citizens are subject
to unfair treatment, to being unreasonably
coerced or required without warrant to sur-
render their liberty, their privacy, or their
freedom to act or not to act, to reveal or
not to reveal information about themselves
and their private thoughts and actions, then
Congress has a duty to call a statutory halt
to such practices. It has a duty to remind
the executive branch that even though it
might have to expend a little more time and
effort to obtain some favored policy goal, the
techniques and tools must be reasonable and
fair.
Each section of the bill is based on evi-
dence from many hundreds of cases and com-
plaints showing that generally in the Federal
service, as in any similar organizational
situation, a request from a superior is equi-
valent to a command. This evidence refutes
the argument that an employee's response to
a superior's request for information or action
is a voluntary response, and that an em-
ployee "consents" to an invasion of his pri-
vacy or the curtailment of his liberty. Where
his employment opportunities are at stake,
where there is present the economic coercion
to submit to questionable practices which
are contrary to our constitutional values,
then the presence of consent or voluntarism
may be open to serious doubt. For this rea-
son the bill makes it illegal for officials to
"request" as well as to "require" an employee
to submit to certain inquiries or practices or
to take certain actions.
Each section of the bill reflects a balanc-
ing of the interests involved: The interest
of the Government in attracting the best
qualified individuals to its service; and its
interest in pursuing laudable goals such
as protecting the national security, pro-
moting equal employment opportunities, as-
suring mental health, or conducting suc-
cessful bond-selling campaigns. There is,
however, also the interest of the individual
in protection of his rights and liberties as a
private citizen. When he becomes an em-
ployee of his Government, he has a right to
expect that the policies and practices appli-
cable to him will reflect the best values of his
society.
The balance of interests achieved assures
him this right. While it places no absolute
prohibition on Government inquiries, the
bill does assure that restrictions on his rights
and liberties as a Government employee are
reasonable ones.
As Senator Bible stated:
"There is a line between what is Federal
business and what is personal business, and
The printed hearings contain a detailed
projection made by the Commission of its
program for the next five years and its esti-
mateQ costs.
TITLE II-PROTECTING PRIVACY AND THE RIGHTS
OF FEDERAL INCOME
Title II is identical to the provisions of
S. 1438 which was approved by the Com-
mittee without amendment on December 6,
1971, and which was passed by the Senate
by unanimous consent on December 8. It is
also identical to S. 782 of the 91st Congress
as unanimously reported by the Committee
and unanimously approved by the Senate.
This title ys designed to protect civilian em-
ployees of the executive branch of the United
States Government in the enjoyment of their
constitutional rights and to prevent unwar-
ranted governmental invasions of their priv-
acy.
The language of the Committee report on
the provisions of S. 1438 is reprinted below
as adopted by the Committee.
The references in the report on Title II
are to the numbered provisions of S. 1438 as
formerly approved by the Committee.
The section references in the legislative
analysis of Title II accord with the numbered
section of the parent bill.
PURPOSE
The purpose of Title II is to prohibit indis-
criminate executive branch requirements
that employees and, in certain instances,
applicants for Government employment dis-
close their race, religion, or national origin;
attend Government-sponsored meetings and
lecturers or participate in outside activities
unrelated to their employment; report on
their outside activities or undertakings un-
related to their work; submit to questioning
about their religion, personal relationships
or sexual attitudes through interviews, psy-
chological tests, or polygraphs; support polit-
ical candidates or attend political meetings.
The bill would make it illegal to coerce an
employee to buy bonds or make charitable
contributions. It prohibits officials from re.
quiring him to disclose his own personal
assets, liabilities, or expenditures, or those
of any member of his family unless, in the
case of certain specified employees, such
items would tend to show a conflict of inter-
est. It would provide a right to have a counsel
or other person present, if the employee wish-
es, at an interview which may lead to disci-
plinary proceedings. It would accord the right
to a civil action in a Federal court for viola-
tion or threatened violation of the act, and
it would establish a Board on Employees'
Rights to receive and conduct hearings cn
complaints of violation of the act and to
determine and administer remedies and pen-
alties.
STATEMENT
The committee has found, a threefold need
for this legislation. The first is the immedi-
ate need to establish a statutory basis for
the preservation of certain rights and liber-
ties of those who work for government now
and those who will work for it in the future.
The bill, therefore, not only remedies prob-
lems of today but looks to the future, in rec-
ognition of the almost certain enlargement
of the scope of Federal activity and the con-
tinuing rise in the number of Americans
employed by their Federal Government or
serving It in some capacity.
Second, the bill meets the Federal Govern-
ment's need to attract the best qualified em-
ployees and to retain them. As the former
Chairman of the Civil Service Commission,
Robert Ramspeck, testified:
"Today, the Federal Government affects
the lives of every human being in the United
States. Therefore, we need better people to-
day, better qualified people, more dedicated
people, in Federal service than we ever needed the constitutional principles which guide Congress must draw that line. The right of
before. And we oannolp b J F reR1e o2G3M rrlMAaR 780R8O4'9eO&8eO1 ut."
 Approved For ease 2003/04/29: CIA-RDP84-00784900080001-2
~?azgUst ?~,' 1972 COIN RFSSIONAL -R 'CO tD - SENATE
Thesweight,of evidence, as Senator Fong
has said: "points to the fact that the in-
vasions of privacy under threats and coercion
and economic intimidation are rampant in
our Federal civil service system today. The
degree of privacy in the lives of our civil
servants is small enough as it is, and it is
still shrinking with further advances in tech-
nical know-how. That these citizens are
being forced by economic coercion to sur-
render this precious liberty in order to obtain
and hold jobs is an invasion of privacy which
should disturb every American. I, therefore,
strongly believe that congressional action
to protect our civil servants is long overdue."
The national president of the National As-
sociation of Internal Revenue Employees,
Vincent Connery, told the subcommitee of
this proposal in the 89th Congress:
"Senate bill 3779 is soundly conceived and
perfectly timed. It appears on the legislative
scene during a season of public employee un-
rest, and a period of rapidly accelerating de-
mand among Federal employees for truly
first-class citizenship. For the first time
within my memory, at least, a proposed bill
holds out the serious hope of attaining such
citizenship. S. 3779, therefore, amply deserves
the fullest support of all employee organiza-
tions, both public and private, federation
affiliated, and independent alike."
Similar statements endorsing the broad
purpose of the bill were made by many
others, including the following witnesses:
John F. Griner, national president, Amer-
ican Federation of Government Employees.
E. C. Hallbeck, national president, United
Federation of Postal Clerks.
Jerome Keating, president, National Asso-
ciation of Letter Carriers.
Kenneth T. Lyons, national president, Na-
tional Association of Government Employees.
John A. McCart, operations director, Gov-
ernment Employees Council of AFL-CIO.
Hon. Robert Ramspeck, former Chairman,
Civil Service Commission.
Vincent Jay, executive vice president, Fed-
eral Professional Association.
Franois J. Speh, president, 14th District
Department, American Federation of Gov-
ernment Employees.
Lawrence Speiser, director, Washington of-
fice, American Civil Liberties Union.
Nathan Wolkomir, national president, Na
ORDERS OF BUSINESS
The ACTING PRESIDENT pro tem-
pole. Under the revious order, the Sen-
ator from Florid (Mr. CHILES) was to
have been recogn zed at this time.
Mr. ROBERT C BYRD. Mr. President,
I suggest the abse ce of a quorum, with-
out prejudice to the Senator from
The ACTING PI, SIDENT pro tem-
pole. Without objet 'on, it is so ordered.
The clerk will call a roll.
The legislative cler proceeded to call
Mr. ROBERT C. BY D. Mr. President,
I ask unanimous conse t that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
ALLEN). Without objectio , it is so or
ORDER OF BUSINESS
The PRESIDING OFFICER. At this
time, under the previous order, the Chair
recognizes the distinguished Senator
from Florida (Mr. CHILES) for not to
exceed 15 minutes.
RECORD under Statements on Introduced
Bills and Joint Resolutions.)
ROLLING STOCK UTILIZATION AND
FINANCING ACT OF 1972
Tie PRESIDING OFFICER. At this
tune, in accordance with the previous
order, 'he Chair lays before the Senate
S. 1729, vhich the clerk will report.
The a lstant legislative clerk read as
follows:
Calendar Order No. 932 (S. 1720), a bill to
supply generk service freight cars to meet
the needs of mmerce, users, shippers, na-
tional defense, nd the consuming public.
The Senate oceeded to consider the
bill which had een reported from the
Committee on Co coerce with an amend-
ment to strike out 11 after the enacting
clause and insert:
That this Act may b cited as the "Rolling
Stock Utilization and Fi' anting Act of 1972".
TABLE OF C. TENTS
TITLE I-NATIONAL RO ' ING STOCK IN-
FORMATION SERVICE AND FEDERAL
RAILROAD EQUIPMEN OBLIGATION
INSURANCE FUND
Sec. 101. Purposes _____22
Sec. 102. Definitions _________ '23'
Sec. 103. National Rolling Sto Infor-
mation System ----- 24,
Sec. 104. Federal Railroad Equipment
Obligation Insurance Ppnd__ 27
Sec. 109. General Accounting Office au-
dit -=----------------=----
Sec.201. Utilization Index and report__ 3
Sec. 202. Interstate Commerce Commis-
sion report ---------------- 37
Sec. 203. Department of Transportation
study ---------------------- 37
Sec. 204. Use of existing law ------------ 37
TITLE III-ROLLING STOCK AUTHORITY
Sec. 301. Establishment --------------- 38
Sec.302. Organizing directors 39
Sec.303. Directors and officers --------- 40
Sec.304. General powers of the Author-
ity ------------------------ 43
Sec. 305. Financing -------------------- 45
Sec. 306. Audit and expenditures------_ 51
Sec. 307. Conversion by public sale of
stock ---------------------
See. 308. National Rolling Stock Infor-
mation Service_____________ 55
Sec. 309. Conditions and charges for use
of rolling stock_____________ 56
Sec. 310. Authority of the Interstate
Commerce Commission------ 58
Sec. 311. Protective arrangements for
employees 58
Sec. 312. Actions to enforce obligations- 61
Sec. 313. Interchange of cars----------- 62
Sec. 314. Reports to the Congress-_____ 63
Sec. 315. Separability ----------------- 64
TITLE I-NATIONAL ROLLING STOCK IN-
FORMATION SERVICE AND FEDERAL
RAILROAD EQUIPMENT OBLIGATION
INSURANCE FUND
PURPOSES
SEc. 101. The Congress hereby declares
that the purposes of this Act are-
pedittous service to meet the increasing de-
mands of the Nation's economy now and in
the years to come; and
(c) to assist in achieving full employment
by insuring adequate equipment necessary
to transport the products of American
industry.
DEFINITIONS
SEC. 102. For the purposes of this Act-
(1) "Authority" means the Rolling Stock
Authority which may also be known as RSA.
(2) "Board" means the Federal Railroad
Equipment Obligation Insurance Board.
(3) "Car-pooling company" means a com-
pany that furnishes rolling stock to three or
more railroads on a pooling basis,
(4) "Directors" means the Board of Direc-
tors of the Authority.
(5) "Equipment obligations" means bonds,
notes, conditional sale agreements, equip-
ment trust certificates, leases, and other ob-
ligations issued or guaranteed by railroads or
car-pooling companies to finance or refi-
nance rolling stock.
(6) "Holder" means the holder of an equip-
ment obligation, except that where a bank or
trust company is acting as agent or trustee
for the holder of the equipment obligation.
the bank or trust company shall be deemed
to be the holder.
(7) "Obligor" includes the original bor-
rower under an equipment obligation and
his successors and assigns approved by the
Board. An olhligor must be a railroad or car-
pooling company.
(8) "Railroad" means a common carrier by
railroad, as defined in section 1(3) of the
Interstate Commerce Act, as amended, and
includes, where determined appropriate by
the Board, any railroad controlled by a rail-
road within the meaning of section 1(3) (b)
of the Interstate Commerce Act.
(9) "Rolling stock" means any type of new
or rebuilt general service railroad freight car
whose use is not confined to a specialized
purpose by special equipment and design or
other limiting features, cabooses, and stand-
ard gage locomotives. The Board may desig-
nate what types of freight cars are general
service freight cars, including, but not lim-
ited to, boxcars, gondolas, open top and cov-
ered hopper cars, and flatcars.
(10) "Secretary" means the Secretary of
ansportation.
N ^'~'IONAL ROLLING STOCK INFORMATION SYSTEM
S -c. 103. (a) The Secretary is authorized
to sign a national rolling stock informa-
tion ystem and to contract with and provide
technical and financial assistance to indi-
vidual
ing to
funding in part of demonstration.
to assist in the establishment of a
projects,
national
Such nati
tern shall
economical u
system shall
railroads and car-pooling
spect to physical character-
approving the de-
rmation shall be
(a) to improve the utilization and dis- and other members of the public subject to
tribution of rolling stock to meet the needs such rules as the Interstate C mmerce Com-
of commerce, users, shippers, the national mission shall prescribe to in?ure the con-
defense, and the consuming public; fidentiality of certain types o competitive
(The remarks of Mre ~HyIL ~s~po, he p,,_,(~ to F'~ in
introduction of S u
S. 3881 i~l~pr1 b % g ReA440,110A"AW"
inforin tDO i du" , A ~~1u in connection