782-INTRODUCTION OF BILL FOR PROTECTION OF CONSTITUTIONAL RIGHTS OF GOVERNMENT EMPLOYEES AND TO PREVENT UNWARRANTED INVASIONS OF THEIR PRIVACY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100030039-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 16, 2016
• Document Release Date: March 1, 2005
• Sequence Number: 39
• Publication Date: January 31, 1969
• Content Type: OPEN

Approved For Rele 0 1- 0100030039-9
31, 1969 COIsGp`R SS
S 1095
therefore would have. to be maintained- The educational magnets, which tend to profitless studies to avoid the draft. Incen-
with incentives for reservists instead of the rule out many Negroes as too poorly schooled tive, substituted for compulsion, could cut
threat of the draft. Even the draft itself and leave many whites in college through waste and motivate pride. Not least, a vol-
probably should be kept on stand-by, perhaps deferments, would continue to exert their unteer army would work substantially toward
for use with the permission of Congress or in effect. Black Power militancy would work restoring the national unity so sundered by
case of declared wars. against Negroes' joining the Army. Ronald the present inequalities of the draft.
Another reason that military men would V. Dellums, a Marine volunteer 13 years ago
hate to see the draft go is that they think it and now one of two black councilmen In
provides them with manpower of greater Berkeley, opposes the whole idea of enlist- fS. 782-INTRODUCTION OF BILL FOR
quality as well as quantity. As Colonel Hays ment as a "way for the black people to get PROTECTION OF CONSTITU-
noted, volunteers, unpressured by the draft, up and out of the ghetto existence. If a TIONAL RIGHTS OF GOVERNMENT
tended to be "marginal" when the Army last black man has to become a paid killer in EMPLOYEES AND TO PREVENT
tried them. But he was speaking of men who order, to take care of himself and family UNWARRANTED INVASIONS OF
had grown up in the pinched and deprived economically, there must be something very THEIR PRIVACY
Depression years. With the right induce- sick about this society." But even if all qual-
ments, a modern technological army should ified Negroes were enrolled, the black propor- Mr. ERVIN. Mr. President, I introduce
be able to attract technology-minded volun- tion of the volunteer army could not top for appropriate reference a bill to pro-
teers, educated 'and educable enough to cope 25%. Nixon holds that fear of a black army tect the civilian employees of the execu-
with missile guidance, intelligence analysis, is fantasy: "It supposes that raising military tive 0 the U.S. Government in
computer programming, medical care and pay would in some way slow up or stop the enjoyment the their constitutional
other demanding Jobs. Given five or ten years flow of white volunteers, even as it stepped the
in service, volunteers should be trainable to up the flow of black volunteers. Most of our rights and to prevent unwarranted gov-
considerable skills, to judge from the expe- volunteers now are white. Better pay and ernmental invasions of their privacy.
rience of Canada and Britain, the only major better conditions would obviously make mili- I take this action on behalf of myself
nations that have volunteer forces. Though tary service more attractive to black and and the following 53 Members who have
these armies are small,'not having the great white alike." jointed in cosponsorship of this measure:
global responsibilities of the American forces, One consideration about the volunteer Senators BAYH, FONG, HRUSKA, THUR-
they provide enviable examples of high ef- army is that it could eventually become the MOND, DODD, BURDICK, TYDINGS, DIRKSEN,
fectiveness, low turnover and contented offs- only orderly way to raise armed forces. The SCOTT, COOK, MATHIAS, BIBLE, BROOKE,
cers. Lieut. General A. M. Sharp, Vice Chief draft, though it will prevail by law at least SCOTT, Virginia, CHURCH, COOPER, DOLE,
of the Defense Staff of Canada, contends that through 1971, is under growing attack. In the BYRD freewill soldiers are "unquestionably going mid-'50s, most military-age men eventually DOMINICK, EAGLETON, FANNIN, GOLD-
to be better motivated than men who are got drafted, and the inequities of exempting WATER, GRAVEL, HANSEN, HATFIELD,
Just serving time."' the remainder were not flagrant. Now, despite INOUYE, JORDAN of North Carolina, JOR-
PHANTOM FEARS Viet Nam, military draft needs are dropping, DAN of Idaho, MAGNUSON, MCCARTHY,
t1 because in 1966 Secretary of Defense G 31-GOVERN MCINTYRE METCALF
ar
Civilian reservations about volunteer
armed forces also focus on some fears that
tend to dissolve upon examination. Some
critics have raised the specter of well-paid
careerists becoming either mercenaries or a
"state within a state." Nixon, for one, dis-
misses the mercenary argument as nonsense.
The U.S. already pays soldiers a salary. Why
should a rise in pay-which for an enlisted
man might go from the present $2,900 a year
to as much as $7,300-turn Americans into
mercenaries? Said Nixon: "We're talking
about the same kind of citizen armed force
America has had ever since it began, except-
ing only in the period when we have relied
on the draft." The Pentagon itself rejects
the Wehrmacht-type army, in which men
spend all their professional lives in service.
Nixon has also addressed himself to the
possibility that a careerist army might be-
come a seedbed for future military coups.
That danger is probably inherent in any mili-
tary force, but as the President-elect points
out, a coup would necessarily come from "the
top officer ranks, not from the enlisted ranks,
and we already have a career-officer corps.
It is hard to see how replacing draftees with
volunteers would make officers more influ-
ential." Nixon might have added that con-
script armies have seldom proved any barrier
to military coups. Greece's army is made up
of conscripts, but in last year's revolution
they remained loyal to their officers, not to
their King.
Might not the volunteer army become dis-
proportionately black, perhaps a sort of in-
ternal Negro Foreign Legion? Labor Leader
Gus Tylei is one who holds that view; he
says that a volunteer army would be "low-
income and, ultimately, overwhelmingly
Negro. These victims of our social order 'pre-
fer' the uniform because of socio-economic
compulsions-for the three square meals a
day, for the relative egalitarianism of the
barracks or the foxhole, for the chance to be
promoted." Conceivably, Negroes could flock
to the volunteer forces for both a respectable
reason, upward mobility, and a deplorable
one, to form a domestic revolutionary force.
As a matter of practice rather than theory,
powerful factors would work in a volunteer
army toward keeping the proportion of
blacks about where it is in the draft army-
11%, or roughly the same as the nation as a
whole. Pay rises would attract whites as
much as blacks, just as both are drawn into
police forces for similar compensation.
p
Robert McNamara started a "project 100,000," MILLER, MONTOYA, MUNDT, MUSKIE, NEL-
which slightly lowered mental and physical SON, PEARSON, PERCY, PROUTY, PROXMIRE,
unteers standards into o and the drew forces. . Meanwhile, , ted pool RANDOLPH, SAXBE, SCHWEIKER, SPARKMAN,
the
of men in the draftable years is rising, in- SPONG, STEVENS, TALMADGE, TOWER, WIL-
creasingly replenished by the baby boom of LIAMS of New Jersey, YARBOROUGH, and
the late '40s. Armed forces manpower needs GURNEY.
have run at 300,000 a year lately, but they This measure has already been ap-
will probably drop to 240,000 this year. On proved once by this body. The bill I in-
the other hand, the number of men aged 19 troduce today is identical with a former
to 25 has jumped from 8,000,000 in 1958 to
11.5 million now-and will top 13 million by bill, S. 1035, which was sponsored by 55
1974. The unfairness inherent in the task of Senators and which the Senate passed
arbitrarily determining the few who shall on September 13, 1967, by a vote of 79
serve and the many who shall be exempt to 4, By the time absentees recorded
will probably overshadow by far the contro- their stand on S. 1035, a total of 90 Sen-
versies over college deferments and the mo- ators had registered their approval.
rality of the Viet Nam war. In the American Despite the widespread support this
conscience, the draft-card burners planted proposal has had from citizens through-
amined apoint: and that conscription
perpetuated. . The re-e,- e out the country, from individual Gov-
not necessarily should be
blending of war protest with draft protest, ernment employees and from every ma-
plus the ever more apparent inequities of jor government employee organization
Selective Service, led Richard Nixon to move and union, the bill died in the House
his proposal for a volutneer army to near Subcommittee on Manpower and Civil
the top of his priorities. Service.
HEALING TENSIONS Several weeks ago, Americans circled
The position from which to start working the moon, and we can only wonder at
for a ,volunteer army is that, to a large ex- the anomaly of a free society whose won-
tent, the nation already has one-in the sense drous meshing of governmental machin-
that two-thirds of its present troops are ery could produce such a feat but whose
enlistees. Neither Nixon nor anyone else vis- Congress could not enact a bill to protect
ualizes a rapid changeover. The draft will
doubtless endure until the war in Viet Nam the rights and liberties of its Federal em-
ends, but it could then be phased out grad- ployees.
ually. After that, the draft structure can be On reflection, however, it may be that
kept in stand-by readiness, thinks Nixon, the concerted opposition to the bill
"without leaving 20 million young Americans mounted by the Federal agencies and
who will come of age during the next decade departments is only one more example
in constant uncertainty and apprehension." of the effective and smooth cooperation
If Nixon and his executive staff can move which Government agencies can demon-
ahead with legislation and the new Secretary strate when the occasion demands. As
of Defense prod and cajole his generals and
admirals, the new Administration will go they viewed it, I suppose impending en-
far toward its aim. A volunteer army might actment of S. 1035 was such an occasion,
help ease racial tensions, perhaps by ending for it did threaten their power of arbi-
the imbalance that has blacks serving in the trary and unlimited invasion of the pri-
front lines at almost three times their pro- vacy of citizens who work for Govern-
portion in the population and certainly by ment or who apply to work for it. It did
removing the arbitrariness of the draft that
puts them there. The move would also elim- prohibit Government officials at all levels
inate the need to force men to go to war from violating certain basic rights which
against their consciences, and end such other employees possess as citizens under a
distortions as paying soldiers far less than democratic form of government. And it
they would get if they were civilians, or forc- did spell out for all to see in the statute
ing other young men into early marriages and books what rights and what remedies
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CONGRESSIONAL RECORD --- SE1 1,T January 31, 1V69
t lose 3 million citizens had with re- during our study of the constitutional rights;, speech, of private action or inaction:
ect to the policies, methods and tech- Of employees. I have come to admire yoiii freedoms of free men. These must be
rlques specifically proscribed by the bill. strength of purpose and your dedication tc,; matters of law, not subjects for the dis-
The purpose and background of the good government. I believe you and you} cretion of whatever government official
'itsure Ism again introducing is spelled colleagues have made a sincere effort tt
ne)ne s Senate wain of she fled remedy some of the human problems which sits at a desk at any given moment.
have been evolving for federal workers with The bill is based on complaints which,
x 'engress. It is to prohibit indiscrim- the growth of theFederal Government. You in some cases, have been coming,to Con-
ate requirements that employees and Carried burdens for the Chief Executive, for gress for many years, regardless of the
pplicants for Government employment government, and for your party beyond the party fin power.
e'isclose their race, religion or national strengths of any average man. The bipartisan nature of the support
y in; attend Government-sponsored As you return to private life, I know you
do so with for the bill. is illustrated in its sponsor-
l i .stings and lectures or participate in the knowledge that you have
s wetin s rendered unique and outstanding service to ship by 28 Democrats and 26 Republi-
o'Aiside activities e vrres ones or u slat to their an
their em your country. cans, representing 38 States.
With best
ersonal
i
h
I
p
w
s
es,
am.
U.S. CIVIL SERVICE COMMISSION
,
Washington, D.C., January 16,1969.
HOn
SAM J
ERVIN
Jr
.
.
,
.,
t makes it Illegal to coerce an em-
ploye to buy bonds or make charitable
ertntributions; or to require him to dis-
close his own personal assets, liabilities,
or expenditures, or those of any member
of his family, unless, in the case of cer-
tain specified employees, such items
would tend to show a conflict of interest.
It provides a right to have a counsel
Or other person present, if the employees
wipes, at an interview which may lead
to disciplinary proceedings.
It accords the right to a civil action
in a Federal court for violation or
threatened violation of the act.
ihnally, it establishes a Board on Em-
ployees' Rights to receive and conduct
hearings on complaints of violation of
the act, and to determine and administer
remedies and penalties.
Some people will say, "Let us wait.
There has been a change of administra-
tion." I submit, Mr. President, that al-
th=ough they have a new umpire, it is
Still the same old ball game for Federal
employees. And it will continue to be
until Congress takes action to protect
the citizen who may be subjected to of-
ficial pressures, coercions, and commands
inconsistent with citizenship in a free
Society.
Some administrative changes have
been made by the able former Chairman
of the Civil Service Commission, Mr.
Macy. Under Mr. Macy, the Commission
last year produced new personnel forms
after deleting some privacy-invading
questions previously asked of applicants;
thy codified and strengthened their
ownr guidelines for investigations of per-
sonnel; and they encouraged manage-
ment action and concern with problems
uncovered by the subcommittee study.
T ask unanimous consent to have
printed in the RECORD an exchange of
correspondence between Mr. Macy and
me concerning our mutual interests in
behalf of the privacy and other rights of
Government employees as citizens.
There being no objection, the corre-
spondence was ordered to be printed in
the RECORD, as follows:
JANUARY 27, 1969.
lion. tome W. MACY, Jr.,
Mt Ts'an, Va.
lln'.ut MR. MACY: This is to thank you for
yo;ir reply to my inquiry January 7 con-
: erring letters of reprimand. ,
1 also want to tell you of my appreciation
For your cooperation with the. Subcommittee
,
SAM J. Enww, Jr.,
Chairman
Sincerely yours
.
Chairman, Subcommittee on Constitutional
Rights, Committee on the Judiciary, U.S,
Senate, Washington, D.C.
DEAR SENATOR: In looking over the unfin-
ished business which remains in the final
days of my service and the Civil Service
Commission, I have given particular atten-
tion to your thoughtful letter of January 7
concerning letters of reprimand. I regret that
the time remaining is not sufficient to per-
mit an appropriate reply from me prior to
January 20. The Commission staff advises
me that an analysis of the questions you
have raised will necessitate inquiries to the
agencies prior to the preparation of a re-
sponse which win provide you with the sig-
nificant information you seek.
Since this will be my final communication
with you in my role as Cienmission Chair-
man I want to take the opportunity to ex
press my sincere appreciation to you for
your vigorous interest in the rights of Fed-
eral employees. While we have not always
been in agreement-or even near it--on how
to assure the best protection of employee
rights, I believe that our values and our ob-
jectives are basically Identical. Your advo-
cacy on this issue has prompted action within
the Commission and elsewhere in the Federal
Government which would not have occurred
without it, You have directed the spotlight
of Congressional concern on human issues
which required executive attention. I only
hope that our conscientious response has
contributed to the improvement we both
seek.
I am certain that additional recognition
and protection of the rights of Federal'em
ployees will evolve in the months ahead. I
am equally certain that as in the past you
and your Subcommittee will play an affirm-
ative and significant role in that evolution.
With every best wish for future health and
happiness,
Sincerely yours,
JOHN W. MACY, Jr.
Chair,man.
Last uctooer, ror Instance, former Vice
President Humphrey wisely recognized
the need for such protections and prom-
ised legislation based on the findings of
the Constitutional Rights Subcommittee
and other congressional committees.
Platforms of both major parties ac-
knowledged the problem. In the piiitferm
adopted by their convention in Miami
Beach last August, the Republican Party
stated:
The increasing government intrusion into
the privacy of its employees and of citizens
in general is intolerable. All such snooping,
meddling and pressure by the federal govern-
ment on its employees and other citizens
will be stopped and such employees, whether
or not union members, will be provided a
prompt and fair method of settling, their
grievances.
This hill will help Members of Con-
gress and the new administration to ex-
change their votes for their promises.
I am particularly encouraged by the
recent endorsement and sponsorship of
the bill by the new chairman of the Sen-
Ile Post Office and Civil Service Coln-
:nittee, the senior Senator from Wy-
iming.
Enactment of this measure will sig-
y that the spiritual and intellectual
freedom of the individual, whatever his
mployment, is the value our society
cherishes above the goals of any momen-
%ary Government program. Its passage
vill also put Congress on record that it
,Weans to take the lead in meeting the
.lireat to individual privacy caused by
he computer age. it will show that Con-
,ress means that the individual should
ake precedence over the machine: that
leither the computer nor the manila file
houid be f
d s
e
ubjective, irrelevant audg-
Mr. ERVIN. Mr. President, these
however, have not President, the cents based on information the citizen
changes,
/as coerced to reveal basic legal and administrative structures ife, hi religious beliefs, his personal can produce the injustices at which odes, his , is Participation s aefs, his sexual l atti-
al
which measure is directed. Nor, under the ion in community y lifeie or is personal
existing system, can orders or suggestions inances. It reflects , or his
as
Of the Commission reach the acts and. ur country, a principle as old be
policies of agencies which are beyond ed dged ntry, that a man should ti-
the scope of civil service supervision. The nom not of his he extent and his orm-
report describes examples of ? by the extent which gov-
Senate such practices which continue in effect. nlme can control his private thoughts
. nd beliefs.
It is clear that moral exhortations, I have received letters from people in
whether pronounced by Congress or by + very State asking why the scope of this
the Civil Service Commission, or even mill is not extended to cover everyone,
by the President himself, are not suffi- :,nd not just Federal employees and ap-
cient to remedy this particular type of licants. Their questions are justified.
infringement on liberties. These com- he simple principles of fair play and
plaints involve freedom of thought, of ,, ue process on which it is based should
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S1097
guide the actions of all governments in cerning the national origin of any such em- against that person, and affording him an
their dealings with citizens. ployee when such inquiry is deemed neces- opportunity to refute the charge.
Employers in State and local govern- sary or advisable to determine suitability for (f) To require or request, or attempt to re-
ment and in private industry have al- assignment to activities or undertakings re- quire or request, any civilian employee of
lated to the national security within the the United States serving in the depart-
ready demonstrated
in adopting demonstrated provisions of the bill bi inter- into United States or to activities or undertakings ment or agency, or any person applying for
of any nature outside the United States. employment as a civilian employee in the
their own practices. State legislative (b) To state or intimate, or to attempt to executive branch of the United States Gov-
committees have looked to it for guid- state or intimate, to any civilian employee ' ernment, to take any polygraph test de-
ance, and there is no doubt that congres- of the United States serving_in the depart- signed to elicit from him information con-
sional action to protect against unwar- ment or agency that any notice will be taken cerning his personal relationship with any
ranted privacy invasion, with specific of his attendance or lack of attendance at person connected with him by blood or mar-
remedies, will encourage extensive local any assemblage, discussion, or lecture held or riage, or concerning his religious beliefs or
called by any officer of the executive branch practices, or concerning his attitude or con-
reforms t0 protect all citizens. of the United States Government, or by any
If this measure is enacted, it will at person acting or purporting to ,act under his
least mark a beginning. The Constitu- authority, or by any outside parties or or-
tion'of the United States calls for more; ganizations to advise, instruct, or indoctrinate
it demands no less. any civilian employee of the United States
Mr. President, when this bill was intro- serving in the department or agency in re-
duced before, I had a conference with the spect to any matter or subject other than the
distinguished former chairman of the performance of official duties to which he is
or may be assigned
Committee on Post Office and Civil Serv- in the department or
agency, or the development of skills, knowl-
ice, Senator Monroney. Pursuant to our edge, or abilities which qualify him for the
conversation, he agreed with me that the performance of such duties: Provided, how-
bill could be appropriately referred to his ever, That nothing contained in this sub-
committee or the Committee on the Ju- section shall be construed to prohibit taking
diciary, and the bill was referred by notice of the participation of a civilian em-
unanimous consent to the Committee on ployee in the activities of any professional
the Judiciary which conducted hearings group or association.
(c) To require or request, or to attempt
on the bill. I have consulted with the to require or request, any civilian employee
present distinguished chairman of the of the United States serving in the depart-
Committee on Post Office and Civil Serv- ment or agency to participate in any way in
ice, the able Senator from Wyoming (Mr. any activities or undertakings unless such
'McGEE). He has agreed with me that a activities or undertakings are related to the
similar course should be followed at this performance of official duties to which he is
time. or may be assigned in the department or
Therefore, I ask unanimous consent, agency, or to the development of skills,
pursuant to the agreement between Mr. knowledge, or abilities which qualify him for
the performance of such duties.
McGEE and me, that the bill be referred (d) To require or request, or to attempt to
t
Committee on the Jiirliciary; and
th
o
e
d hECOR
th
d
nt
ti i
t
b
me
e
n
e
the sited S
a
that the wille !1111 11 v .es servngepa v The VICE PRESIDENT. Without ob- or agency to make any report concerning any tarily to invest his earnings in bonds or other
of his activities or undertakings unless such obligations or securities issued by the United
unanimous the bill will to the received, by activities or undertakings are related to the States or any of its departments or agencies,
and without performance of official duties. to which he or voluntarily to make donations to any
mittee on ons the he Judiciary; consent referred
ittee ,
1s or may be assigned in the department or institution or cause.
Objection, the bill will be printed in the agency, or to the development of skills, (1) To require or request, or to attempt to
RECORD. knowledge, or abilities which qualify him for require or request, any civilian employee of
The bill (S. 782) to protect the civilian the performance of such duties, or unless the United States serving in the Department
employees of the executive branch of the there is reason to believe that the civilian or agency to disclose any items of his prop-
U.S. Government in the enjoyment of employee is engaged in outside activities or erty, income, or other assets, source of in-
their constitutional rights and to pre- employment in conflict with his official come, or liabilities, or his personal or domes-
duties. tic expenditures or those of any member of
vent unwarranted gontroducceed dl Inva- . (e) To require or request, or to attempt to his family or household: Provided, however,
Eons of their privacy, introd by Mr . That this subsection shall not apply to any
ERVIN (for himself, and 53 other Sena require a request, any civilian employee of civilian employee who has authority to make
tors), the United o serving i in in the department any or final other determination
the
any with person, respect to corpora-
, was received, read twice ~by its title, or agency, or States any any person applying for em- tax to the Committee on the Judi- ployment as a civilian employee in the ex- the United
ciary, by unanimous consent, and ordered ecutive branch of the United States Gov- tats, States, or or other claims legal which entity person,
require expenditure
to be printed in the RECORD, as follows: ernment, to submit to any interrogation or of moneys of the United States: Provided
examination or to take any psychological test
S. 782 which is designed to elicit from him in- further, however, That nothing contained in
Be it enacted by the Senate and House formation concerning his personal relation- this subsection shall prohibit the Depart-
of Representatives of the United States of ship with any person connected with him by ment of the Treasury or any other executive
America in Congress assembled, blood or marriage, or concerning his religious department or agency of the United States
SECTION 1. It shall be unlawful for any beliefs or practices, or concerning his at- Government from requiring any civilian em-
officer of any executive department or any titude or conduct with respect to sexual ployee of the United States to make such
executive agency of the United States Gov- matters: Provided, however, That nothing reports as may be necessary or appropriate
ernment, or for any person acting or purport- contained in this subsection shall be con- for the determination of his liability for
ing to act under his authority, to do any of strued to prevent a physician from eliciting taxes, tariffs, custom duties, or other obliga-
the following things: such information or authorizing such tests tions imposed by law.
(a) To require or request, or to attempt to in the diagnosis or treatment of any civilian (j) To require or request, or to attempt to
require or request, any civilian employee of employee or applicant where such physician require or request, any civilian employee of
the United States serving in the department deems such information necessary to enable the United States embraced within the terms
or agency, or any person seeking employ- him to determine whether or not such in- of the proviso in subsection (1) to disclose
ment in the executive branch of the United dividual is suffering from mental illness: any items of his property, income, or other
States Government, to disclose his race, re- Provided further, however, That this deter- assets, source of income, or liabilities, or his
ligion, or national origin, or the race, religion, mination shall be made in individual cases personal or domestic expenditures or those
or national origin of any of his forebears: and not pursuant to general practice or reg- of any member of his family or household
Provided, however, That nothing contained in ulation governing the examination of em- other than specific items tending to indicate
this subsection shall be construed to prohibit ployees or applicants according to grade, a conflict of interest in respect to the per-
inquiry concerning the citizenship of any agency, or duties: Provided further, how- formance of any of the official duties to
such employee or person if his citizenship ever, That nothing contained in this sub- which he is or may be assigned.
is a statutory condition of his obtaining or section shall be construed to prohibit an offi- (k) To require or request, or to attempt
retaining his employment: Provided further, cer of the department or agency from advis- to require or request, any civilian employee
That nothing contained in this subsection ing any civilian employee or applicant of a of the United States serving in the depart-
shall be construed to prohibit inquiry con- specific charge of sexual misconduct made ment or agency, who is under investigation
(g) To require or request, or to attempt to
require or request, any civilian employee of
the United States serving in the department
or agency to support by personal endeavor
or contribution of money or any other thing
of value the nomination or the election of
any person or group of persons to public
office in the Government of the United States
or of any State, district, Commonwealth,
territory, or possession of the United States,
or to attend any meeting held to promote or
support the activities or undertakings of any
political party of the United States or of
any State, district, Commonwealth, territory,
or possession of the United States.
(h) To coerce or attempt to coerce any
civilian employee of the United States serv-
ing 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 donations to any institution or cause
of any kind: Provided, however, That nothing
contained in this subsection shall be con-
strued to prohibit any officer of any execu-
tive department or any person acting or
purporting to act under his authority, from
calling meetings and taking any action ap-
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31 1.098 CONGRESSIONAL RECORD -SENA` "E January 31, 1969
'or misconduct, to submit to interrogation
which could lead to disciplinary action with-
out the presence of counsel or other person
of his choice, if he so requests.
(f) To discharge, discipline, demote, deny
oroniotion to, relocate, reassign, or otherwise
*:llscrirninate in regard to any term or con-
dition of employment of, any civilian em-
rrloyee of the United States serving In the
department or agency, or to threaten to
commit any of such acts, by reason of the
refusal or failure of such employee to sub-
mit to or comply with any requirement, re-
ciuest, or action made unlawful by this Act,
or by reason of the exercise by such civilian
employee of any right granted or secured by
,hi:; Act.
SEc. 2. 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 em-
ployee 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
eliciting such information or authorizing
nuch tests in the diagnosis or treatment of
any civilian employee or applicant where
such physician deems such information nec-
essary to enable him to determine whether or
not such Individual is suffering 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 em-
ployees 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 of a
specific charge of sexual misconduct made
against that person, and affording him an
opportunity to refute the charge.
(o`) To require or request, or to attempt to
x >quire 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 per-
son applying for employment in the execu-
tive branch of the United States Government,
or any civilian employee of the United
fates serving in any department or agency
of the United States Government, to take
any polygraph test designed to elicit from
him information concerning his personal re-
lationship with any person connected with
him by blood or marriage, or concerning
his religious beliefs or practices, or concern-
ing his attitude or conduct with respect to
sexual matters.
Svc. 3. It shall be unlawul for any com-
missioned officer, as defined in section 101
of Silo 10, United States Code, or any'mem-
ber of the Armed Forces acting or purport-
ing to act under his authority, to require or
n.quest, or to attempt to require or request,
any civilian employee of the executive member appointed to fill a vacancy occur-
branch of the United States Government ng prior to the expiration of the term for
under his authority or subject to his super- rhich his predecessor was appointed shall
vision to perform any of the acts or submit e appointed for the remainder of such
to any of the requirements made unlawful by erm.
section 1 of this Act. (c) Members of the Board shall be corn-
Sac. 4. Whenever any officer of any execu- 3ensated at the rate of $'75 a day for each
tive department or any executive agency of lay spent in the work of ti: e Board, and shall
the United States Government, or any per- se paid actual travel expenses and per diem
son acting or purporting to act under his "i lieu of subsistence expenses when away
authority, or any commissioned officer as rem their usual places of residence, as au-
defined in section 101 of title 10, United hortzed by section 5703 of title 5, United
States Code, or any member of the Armed states Code.
Forces acting or purporting to act under (d) Two members shall constitute a
his authority, violates or threatens to vie- suorum for the transaction of business.
late any of the provisions of section 1, 2, (e) The Board may appoint and fix the
or 3 of this Act, any civilian employee of ompensation of such ofRcr_'rs, attorneys, and
the United States serving in any department niployees, and make such expenditures, as
or agency of the United States Government, nay be necessary to carry out its functions.
or any person applying for employment in (f) The Boardshall make such rules and
the executive branch of the United States rgulations as shall be necessary and proper
Government, or any person seeking to es- o carry out its functions.
tablish civil service status or eligibility for (g) The Board shall have the authority
employment in the executive branch of the nd duty to receive and investigate written
United States Government, affected or ag- o:)mplaints from or on behalf of any person
grieved by the violation or threatened vie- laiming to be affected or aggrieved by any
lation, may bring a civil action in his own iolation or threatened violation of this Act
behalf or In behalf of himself and others nd to conduct a hearing on each such
similarly situated, against the offending of- omplaint. Within ten day:; after the receipt
ficer or person in the United States district f any such complaint, the Board shall fur-
court for the district in which the violation lab notice of the time, place, and nature of
occurs or is threatened, or the district in he hearing thereon to all interested parties.
which the offending officer or person is 'he Board shall render its final decision
found, or in the United States District Court vith respect to any complaint within thirty
for the District of Columbia, to prevent the !ays after the conclusion of its hearing
threatened violation or to obtain redress hereon.
against the consequences of the violation. (h) Officers or representatives of any Fed-
The Attorney General shall defend all offi- ral employee organization in any degree
cers or persons sued under this section who oncerned with eniploymexit of the category
acted pursuant to an order, regulation, or z which any alleged violation of this Act
directive, or who, in his opinion, did not ceurred or Is threatened hall be given an
willfully violate the provisions of this Act. ?pportunity to participate in each hearing
Such United States district court shall have onducted under this section, through sub-
jurisdiction to try and determine such civil ilssion of written data, views, or arguments,
action irrespective of the actuality or nd In the discretion of the Board, with
amount of pecuniary injury done or threat- pportunity for oral presentation. Govern-
ened, and without regard to whether the . sent employees called upon by any party or
aggrieved party shall have exhausted any =y any Federal employee organization to
administrative remedies thta may be pro- 'artlcipate in any phase of any administra-
vlded by law, and to issue such restraining lye or judicial proceeding, under this see-
order, interlocutory Injunction, permanent on shall be free to do so without incurring
injunction, or mandatory injunction, or
enter suchother judgment or decree as may
be necessary or appropriate to prevent the
nd all such employees shall be free from
estraint, coercion, interference, intiinida-
threatened violation, or to afford the plain- ion, or reprisal in or because of their
tiff and others similarly situated complete artioipation. Any periods of time spent by
relief against the consequences of the viola- 1overnment employees during such partici-
tion. With the written consent of any per- ation shall be held and considered to be
son affected or aggrieved by a violation or ?ederal employment for all purposes.
threatened violation of section 1, 2, or 3 of (1) Insofar as consistent with the purposes
this Act, any employee organization may f this section, the provisions of subchapter
bring such action on behalf of such per- I ofchapter 5 of title 5, United States Code,
son, or may intervene In such action. For dating to the furnishing of notice and
the purposes of this section, employee or- ='ianner of conducting agency hearings, shall
ganizations shall be construed to Include any e applicable to hearings conducted by the
brotherhood, council, federation, organiza- Board under this section.
tion, union, or professional association made (j) If the Board shall determine after hear-
up in whole or in part of civilian employees ig that a violation of this Act has not
of the United States and which has as one ceed or is not threatened, the Board
of its purposes dealing with departments, hall state its determination and notify all
agencies, commissions, and independent ?nterested parties . Of such determination.
agencies of the United States concerning the lch such determination shall constitute a
conditions and terms of employment of such ual decision of the Board for purposes of
employees.
SEc. 5. (a) There is hereby established a
Board on Employees' Rights (hereinafter re-
ferred 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 mem-
ber 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
(k) If the Board shall determine that any
elation of this Act has been committed or
ireatened by any civilian officer or em-
loyee of the United States, the Board shall
i nmediately (1) issue and cause to be served
a such officer or employee an order requir-
ig such officer or employee to cease and
esist from the unlawful act or practice
hich constitutes a violation, (2) endeavor
eliminate any such unlawful act or prat-
cc by informal methods o.1 conference, con-
liation, and persuasion; and (3) may-
(A) (i) in the case of the first offense by
fly civilian officer or employee of the United
?,ates, other than any officer appointed by
to President, by and with the advice and
": >npent of the Senate, issue an official repri-
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mand against such officer or employee or
order the suspension without pay of such
officer or employee from the position or office
held by him for a period of not to exceed
fifteen days, and (ii) in the case of a second
or subsequent offense by any such officer or
employee, order the suspension without pay
of such officer or employee from the position
or office held by him for a period of not to
exceed thirty days or order the removal of
such officer or employee from such position
or office; and
(B) in the case of any offense by any officer
appointed by the President by and with the
advice and consent of 'the Senate, transmit a
report concerning such violation to the Pres-
ident and the Congress.
(1) If the Board shall determine that any
violation of this Act has been committed or
threatened by any officer of any of the Armed
Forces of the United States, or any person
purporting to act under authority conferred
by such officer, the Board shall (1) submit
a report thereon to the President, the Con-
gress, and the Secretary of the military de-
partment concerned, .(2) endeavor to elim-
inate any unlawful act or practice which
constitutes such a violation by informal
methods of conference, conciliation, and per-
suasion, and (3) refer its determination and
the record in the case to any person au-
thorized to convene general courts martial
under section 822 (article 22) of title 10,
United States Code. Thereupon such person
shall take immediate steps to dispose of the
matter under chapter 47 of title 10, United
States Code (Uniform Code of Military
Justice).
(m) Any party aggrieved by any final de-
termination or order of the Board may in-
stitute, in the district court of the United
States for the judicial district wherein the
violation or threatened violation of this Act,
occurred, or in the United States District
Court for the District o1 Columbia, a civil
action for the revew of such determination
or order. In any such action, the court shall
have jurisdiction to (1) affirm, modify, or set
aside any determination or order made by the
Board which is under review, or (2) require
the Board to make any determination or
order which it is authorized to make under
subsection (k), but which it has refused to
make. The reviewing court shall set aside any
finding, conclusion, determination, or order
of the Board as to which complaint is made
which is unsupported by substantial evi-
dence on the record considered as a whole.
(n) The Board shall submit, not later
than Ma^ch 31 of each year, to the Senate
and House of Representatives, respectively, a
report on its activities under this section
during the immediately preceding calendar
year, including a statement concerning the
nature of all complaints filed with it, its de-
terminations and orders resulting from hear-
ings thereon, and the names of all officers or
employees of the United States with respect
to -whom any penalties have been imposed
under this section.
(o) There are authorized to be appro-
priated sums necessary, not in excess of
$100,0001, to carry out the provisions of this
section.
SEC. 6. Nothing contained in this Act shall
be construed to prohibit an officer of the Cen-
tral Intelligence Agency or of the National
Security Agency or of the Federal Bureau of
Investigation from requesting any civilian
employee or applicant to take a polygraph
test, or to take a psychological test, designed
to elicit from him 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, or to provide a
personal financial statement if the Director
of the Central Intelligence Agency or his des-
ignee or the Director of the National Secu-
rity Agency or his designee or the Director of
the Federal Bureau of Investigation or his
designee makes a personal finding with re-
gard to each individual to be so tested or ex-
amined that such test or information is re-
quired to protect the national security.
SEC. 7. Nothing contained in sections 4
and 5 shall be construed to prevent estab-
lishment of department and agency grievance
procedures to enforce this Act; but the ex-
istence 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 established, the
employee or applicant has obtained complete
protection against threatened violations or
complete redress for violations, such action
may be pleaded in bar in the United States
District Court or in proceedings before the
Board on Employee Rights: Provided further,
however, That if an employee elects to seek
a remedy under either section 4 or section 5,
he waives his right to proceed by an in-
dependent action under the remaining sec-
tion.
SEC. 8. If any provision of this Act or the
application of any provision to any person or
circumstance shall be held invalid, the re-
mainder of this Act or the application of such
provision to persons or circumstances other
than those as to which it is held invalid, shall
not be affected.
S. 809-INTRODUCTION OF BILL TO
ESTABLISH A FEDERAL LEADER-
SHIP PROGRAM TO PROMOTE
YOUTH CAMP SAFETY
Mr. RIBICOFF. Mr. President, I in-
troduce, for appropriate reference, a bill
to establish a Federal leadership pro-
gram to promote youth camp safety.
Each year more than 7 million children
go off to residential, day or travel camps.
These campers are mainly schoolchil-
dren, and the vast majority attend camps
during the summer vacation months. But
while a parent finds little difficulty in
ascertaining the relative safety of a child
at school, millions of parents are forced
to send their offspring to camps with
little or no knowledge of whether the
place meets basic minimum safety stand-
ards. And too often they do not.
Camping is a rapidly growing industry.
The best estimates place the number of
camps in the United States at between
10,000 and 12,000. Resident camps alone
have tripled in the last 10 years. There
are camps established in every State in
the Union.
In many cases camps virtually take the
place of parents for several weeks in
the year. Yet in 19 States there are no
regulations governing camping at all,
and, in many of the remaining States
only isolated aspects of camping are cov-
ered by law or regulation.
For instance, 40 States have no train-
ing requirements for counselors who su-
pervise aquatic activities. Forty-six
States have no regulations regarding the
condition of vehicles used for transpor-
tation or the qualifications of drivers.
The same number of States have no
regulations restricting the age of coun-
selors. Twenty-nine States fail to re-
quire annual camp inspections.
In the absence of State regulations
there are a number of excellent camping
organizations which have established
standards for camping. The American
Camping Association, with 3,400 member
camps, the scouting organizations, the
S 1099
Association of Private Camps, and
church oriented groups have all made a
substantial contribution to better camp-
ing. But a great many camps in America
do not belong to these organizations, and
it is well understood that the standards
set by private organizations lack any real
enforcement provisions behind, them
One out of every eight camps visited by
representatives of the American Camp-
ing Association in 1967 failed to meet
ACA standards. And it is generally recog-
nized these are some of the best camps in
the Nation.
The failure to establish adequate
standards for many of our camps has
had tragic consequences. In my own re-
view of this situation, I have heard
enough vertifiable horror stories to per-
suade me to seek better protection for our
youngsters.
The only real camp safety survey took
place 40 years ago when a group of dis-
tinguished youth leaders and camping
enthusiasts met in New York City to dis-
cuss camping in general. It was the con-
sensus of this group that the time had
come to establish minimum standards for
camp health and safety. The group com-
missioned a nationwide camp safety
study which remains today the only full
study of the situation. The report con-
cluded that 65 percent of all accidents
at camp could have been prevented by
better supervision or higher standards of
camp maintenance and administration.
Only a quarter of the accidents were at-
tributable to the camper's negligence,
and half of these could have been pre-
vented with more adequate supervision.
A high percentage of the injuries cov-
ered by this report were due to faulty
structures, dangerous pathways, and the
very location of the camp itself. Despite
this report, however, the call for action
issued in 1929 has never been answered.
In 1966, a report issued by the Division
of Accident Prevention of the Public
Health Service pointed to the injury and
death hazards involved in recreational
camping.
Mr. President, the purpose of this
youth camp safety bill is to provide Fed-
eral leadership in the area of camping
safety. It seems to me to be only reason-
able that our society provide parents with
a simple way of judging whether a camp
meets basic safety standards.
This bill would instruct the Secretary
of Health, Education, and Welfare, in
consultation with camping and safety
experts, to establish camp safety stand-
ards. After the publication of these
standards, each State would be encour-
aged to establish a program to insure
compliance. The bill provides for incen-
tive grants to the States to pay up to
half the cost of administering the inspec-
tion and compliance program. Camps
which met the Federal standards would
be urged to display this fact to assist
parents in their ehoice.
The bill would establish an Advisory
Council on Youth Camp Safety to con-
sult with the Secretary on the promul-
gation of safety standards. Members of
the Council would come from all areas
of the camping industry.
Before establishing safety standards,
the bill provides that the Secretary shall
survey existing safety standards pub-
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CONGRESSIONAL RECORD -SENATE January 31, 1969
lished by State and private organizations
and the effectiveness of these standards.
Mr. President, I first became aware
of the problems of camp safety through
the efforts of Mr. Mitch Kurman. Mr.
Kurman, from Westport, Conn., lost a
son several years ago in a tragic canoeing
accident in. Maine. Since that time Mr.
Kurman has become a crusader, in the
best sense of that word, for greater camp
safety. This bill is to a great extent the
result of his unceasing efforts.
There are many excellent and safe
camps which operate every year. Camp-
ing at its best can provide unmatched
opportunities for recreation and close
contact with our natural environment.
It is a memorable escape for many of the
underprivileged children trapped in the
city.
This bill would not affect the finest
camps. The bill is aimed at fly-by-night
operations and those camps which are
unaffiliated and unaccredited by respon-
sible camping organizations.
I have no desire to take the adventure
out of camping, but I see no reason why
the benefits of camping cannot be ren-
dered in a safe and healthy atmosphere.
Many camps already measure up to the
highest safety standards. Others will be
given the incentive to improve. Those
that fail to provide a safe environment
do not belong in business.
During the years that I have spon-
sored this legislation, it has gained wide-
spread public support. Additionally, I
have had the assistance and backing of
most of the major camping organiza-
tions. It is significant that those people
closest to the camping industry believe
this bill to be necessary.
This legislation provides an opportu-
nity to enhance the constructive growth
of the camping business while protect-
ing the welfare of millions of children.
I am very pleased to say that Senators
BAYN, CASE, DODD, INOUYE, JAVITS, MAG-
NUSON, M.CINTYRE, MONDALE, MUSKIE,
PELL, and TYDINGS have joined me in
sponsoring this legislation, and I ask
unanimous consent that the bill be
printed at this point in the RECORD.
The VICE PRESIDENT. The bill will
be received and appropriately referred;
and, without objection, the bill will be
printed in the RECORD.
The bill (S. 809) to provide Federal
leadership and grants to the States for
developing and implementing State pro-
grams for youth camp safety standards,
Introduced by Mr. RisicorF (for himself
and other Senators), was received, read
twice by its title, referred to the Com-
mittee on Labor and Public Welfare, and
ordered to be printed in the RECORD, as
follows:
S. 809
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Youth Camp Safety
Act".
STATEMENT OF PURPOSE
SEC. 2. It is the purpose of this Act to
protect and safeguard the health and well-
being of the youth of the Nation attending
day camps, resident camps, and travel camps,
by providing for establishment of Federal
standards for safe operation of youth camps,
and to provide Federal assistance and leader-
ship to the States in developing programs
for Implementing safety standards for ;uth
camps, thereby providing assurani to
parents and interested citizens that uth
camps meet minimum safety standard!
DEFINITIONS
Six. 3. As used in this Act-
(a) The term "youth camp" means,
(1) any parcel or parcels of land h .- ing
the general characteristics and featIl ,: of
a camp as the term is generally under ood,
used wholly or in part for recreatiol or
educational purposes and accommodating for
profit or under philanthropic or chat -.ble
auspices five or more children under eig een
years of age, living apart from their relp les,
parents, or legal guardians for a period C, or
portions of, five days or more, and in,, =!des
a site that is operated as a day camp r as
a resident camp; and
(2) any travel camp which for pre or
under philanthropic or charitable aus ~tices,
sponsors or conducts group tours with:.!,: the
United States, or foreign group tours ,.igi-
nating or terminating within the t' xited
States, for educational or recreational ;fur-
poses, accommodating within the grog;; five
or more children under eighteen years age
living apart from their relatives, parer or
legal guardians for a period of five dv 's or
more.
(b) The term "person" means any in vid-
ual, partnership, corporation, associati r, or
other form of business enterprises.
(c) The term "safety standards" mea' cri-
teria directed toward safe operation of,~>uth
camps, in such areas as-but not limits -o-
personnel qualifications for direct01 and
staff; ratio of staff to campers; sanitatic and
public health; personal health, first aif1. and
medical services; food handling, mass wed-
ing, and cleanliness; water supply and =aste
disposal; water safety including use o1 akes
and rivers, swimming and boating equij dent
and practices; vehicle condition and ..era-
tion; building and site design; equip dent;
and condition and density of use.
(d) The term "Secretary" means, the --cre-
tary of Health, Education, and Welfar=
(e) The term "State" includes each the
several States and the District of Cola, },bia.
GRANTS TO STATES FOR YOUTH CAMP , C', ETY
STANDARDS
Sec. 4. From sums appropriated pu; = iant
to section 11 of this Act, but not to ~s,ceed
$2,500,000 of such appropriation for any `"seal
year, the Secretary is authorized to take
grants to States which have State pla ap-
proved by him under section 6 to pay gp to
50 per centum of the cost of developili and
administering State programs for youth amp
safety standards,
.SEC. 5. In developing Federal staa3?:lards
for youth camps, the Secretary shall-
(a) undertake a study of existing Mate
and local regulations and standard:- and
standards developed by private org niza-
tions, applicable to youth camp safe in-
cluding the enforcement of such State, local,
and private regulations and standards
(b) establish and publish youth amp
safety standards within one year after :act
ment of the Act, after consultatiot, with
State officials and with representati n of
appropriate private and public organic .ions
after opportunity for hearings and ni +Iiea-
tion published in the Federal Register rid
(c) authorize and encourage camps erti-
fied by the States as complying wi the
published Federal youth camp stand .Is to
advertise their compliance with mil ,num
safety standards.
STATE PLANS
Sec. 6. (a) Any State desiring to I tici-
pate in the grant program under tk>c Act
Shall designate or create an appropriat::3tate
agency for the purpose of this sectio.. and
submit, through such State agency ?;.:.lAtate
plan which shall-
(1) set forth a program for State 'iper-
vised annual inspection of, and certid": -i,tion
of compliance with, minimum safety stand-
ards developed under the provisions of sec-
tions 5 and 9(a) of this Act, at youth camps
located in such State;
(2) provide assurances that the State will
accept and apply such minimum youth camp
safety standards as the Secretary shall by
regulations prescribe;
(3) provide for the administration of such
plan by such State agency;
(4) provide for an advisory committee, to
advise the State agency on the general policy
involved in inspection and certification pro-
cedures under the State plan, which com-
mittee shall include among its members
representatives of other State agencies con-
cerned with camping or programs related
thereto and persons representative of pro-
fessional or civic or other public or nonprofit
private agencies, organizations, or groups
concerned with organized camping;
(5) provide that such State agency will
make such reports in such form and con-
taining such information as the Secretary
may reasonably require;
(6) provide assurance that the State will
pay from non-Federalsources the remaining
cost of such program; and
(7) provide such fiscal control and fund
accounting procedures as may be necessary
to assure proper disbursement of and ac
counting of funds `received under this Act.
(b) Any State desiring to enable youth
camps in the State to advertise compliance
with Federal youth camp standards, but
which does not wish to participate In the
grant programs under this Act, shall desig-
nate or create an appropriate State agency ,,.
for the purpose of this section, and submit,
through such State agency it State plan
which shall accomplish the steps specified
in (a) (1) through (3) of this section, and
which provides for availability of informa-
tion so that the Secretary may be assured
of compliance with the standards.
(c) the Secretary shall not finally disap-
prove any State plan submitted under this
Act or any modification thereof, without first
affording such State agency reasonable notice
and opportunity 'far a hearing.
DETERMINATION OF FEDERAL SHARE; PAYMENTS
Sec. 7. (a) The Secretary shall determine
the amount of the Federal share of the cost
of programs approved by him under section
6 based upon the funds appropriated there-
for pursuant to section 10 for that fiscal year
and upon the number of participating States;
except that no State may receive a grant un-
der this Act for any fiscal year in excess of
$50,000.
(b) Payments to a State wader this Act
may be made in installments and in advance
or by way of reimbursement with necessary
adjustments on account of overpayments or
underpayments.
OPERATION OF STATE PLANS; HEARINGS AND
JUDICIAL REVIEW
SEC. 8. (a) Whenever the Secretary after
reasonable notice and opportunity for hear-
ing to the State agency administering a
State plan approved under this Act, finds
that-
(1) the State plan has been so changed
that it no longer complies with the provi-
sions of .vection 6, or
(2) in the administration of the plan
there is a failure to comply substantially
with any such provision,
the Secretary shall notify such State agency
that no urther payments will be made to the
State under this Act (or in his discretion,
that further payments to the State will be
limited to programs or portions of the State
plan not affected by such failure), until he
is satisfied that there will no longer be any
failure to comply. Until he is so satisfied, no
further payments may be made to such State
under this Act (or payment shall be lim-
ited to programs or portions of the State
plan not affected by such failure).
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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100030039-9
5 February 1969 by Rep. Charles H. Wilson:
24 February 1969 by Rep. Spark Matsunaga:
GA,
4 k d hill tggprotect the civilian em-
oyees o e ve baneh.of the U.S.
QV87et..tie enjoyment of their con-
#tltsylo r7.p~ht A?ld 1o _ ,prevent unwar-
ltgovernniex4l IAVaSlongDl_their pri-
mt'; *he C4gnnittee om post Once and
Civil Service.
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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100030039-9
ERVIN, Sam J. , Jr. (D. , N. C. )
Bayh, Birch (D. , Ind.)
Bible, Alan (D., Nev.)
Brooke, Edward W. (R., Mass.)
Burdick, Quentin N. (D., N. Dak.)
Byrd, Harry F. , Jr. (D., Va.)
Church, Frank (D., Idaho)
* Cook, Marlow W. (R., Ky.)
Cooper, John Sherman (R., Ky.)
Dirksen, Everett McKinley (R., Ill.)
Dodd, Thomas J. (D., Conn.)
*Dole, Robert (R. , Kans. )
Dominick, Peter H. (R., Colo.)
*Eagleton, Thomas F. (D., Mo.)
Fannin, Paul J. (R., Ariz.)
Fong, Hiram L. (R., Hawaii)
*Goldwater, Barry (R., Ariz.)
*Gravel, Mike (D., Alaska)
*Gurney, Edward J. (R., Fla.)
Hansen, Clifford P (R., Wyo.)
Saxbe, William B. (R., Ohio)
Schweiker, Richard S. (R. , Pa.)
Scott, Hugh (R. , Pa.)
Sparkman, John (D., Ala.)
Spong, William B. (D., Va.)
Stevens, Theodore F. (R. , Alaska)
Talmadge, Herman E. (D., Ga.)
Thurmond, Strom (R., S. C. )
Tower, John G. (R., Tex.)
Tydings, Joseph D. (D., Md.)
Williams, Harrison A. (D. , N.J.)
Yarborough, Ralph (D., Tex.)
Hatfield, Mark (R., Oreg.) x~* Did not sponsor S. 1035
Hruska, Roman L. (R. , Nebr.)
Inouye, Daniel K. (D., Hawaii)
Jordan, B. Everett (D. , N. C.
)
Jordan, Len B. (R., Idaho)
Magnuson, Warren G. (D., Wash.)
*Mathias, Charles McC. (R., Md.)
McCarthy, Eugene J. (D., Minn.)
** McGee, Gale W. (D., Wyo.)
McGovern, George (D. , S. Dak.)
McIntyre, Thomas J. (D., N.H.)
Metcalf, Lee (D. , Mont.)
Miller, Jack (R., Iowa)
Montoya, Joseph M. (D., N. Mex. )
Mundt, Karl E. (R., S. Dak.)
Muskie, Edmund S. (D., Maine)
Nelson, Gaylord (D,, Wis.)
Pearson, James B. (R., Kans.)
Percy, Charles H. (R., Ill.)
Prouty, Winston L. (R., Vt.)
Proxmire, William (D., Wis.)
Randolph, Jennings (D., Va.)
* New to 91st Senate
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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100030039-9
S. 782
ERVIN, Sam J., Jr. (D., N. C. )
Bayh, Birch (D. , Ind.)
Bible, Alan (D., Nev.)
Brooke, Edward W. (R., Mass.)
Burdick, Quentin N. (D., N. Dak.)
Byrd, Harry F. , Jr. (D., Va.)
Church, Frank (D. , Idaho)
*Cook, Marlow W. (R., Ky.)
Cooper, John Sherman (R., Ky.)
Dirksen, Everett McKinley (R. , Ill.)
Dodd, Thomas J. (D., Conn.)
*Dole, Robert (R. , Kans.)
Dominick, Peter H. (R., Colo.)
*Eagleton, Thomas F. (D., Mo.)
Fannin, Paul J. (R., Ariz.)
Fong, Hiram L. (R., Hawaii)
*Goldwater, Barry (R. , Ariz.)
*Gravel, Mike (D., Alaska)
*Gurney, Edward J. (R., Fla.)
Hansen, Clifford P (R., Wyo. )
Saxbe, William B. (R., Ohio)
S
h
ik
i
h
c
we
er, R
c
ard S. (R. , Pa. )
Scott, Hugh (R. , Pa.)
Sparkman, John (D., Ala.)
Spong, William B. (D., Va.)
Stevens, Theodore F. (R. , Alaska)
Talmadge, Herman E. (D., Ga.)
Thurmond, Strom (R., S. C.)
Tower, John G. (R., Tex.)
Tydings, Joseph D. (D., Md.)
Williams, Harrison A. (D., N. J. )
Yarborough, Ralph (D. , Tex.)
Hatfield, Mark (R., Oreg.) Did not sponsor S. 1035
Hruska, Roman L. (R., Nebr.)
Inouye, Daniel K. (D., Hawaii)
Jordan, B. Everett (D. , N. C. )
Jordan, Len B. (R. , Idaho)
Magnuson, Warren G. (D., Wash.)
*Mathias, Charles McC. (R., Md.)
McCarthy, Eugene J. (D., Minn.)
** McGee, Gale W. (D., Wyo.)
McGovern, George (D. , S. Dak.)
McIntyre, Thomas J. (D., N.H.)
Metcalf, Lee (D., Mont.)
Miller, Jack (R., Iowa)
Montoya, Joseph M. (D., N. Mex. )
Mundt, Karl E. (R., S. Dak.)
Muskie, Edmund S. (D., Maine)
Nelson, Gaylord (D,, Wis.)
Pearson, James B. (R. , Kans.)
Percy, Charles H. (R., Ill.)
Prouty, Winston L. (R. , Vt.)
=m Proxmire, William (D., Wis.)
Randolph, Jennings (D. , Va. )
* New to 91st Senate
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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100030039-9
ERVIN, Sam J., Jr. (D., N.C.)
* Bartlett, E.L. (D., Alaska)
Bayh, Birch (D., Ind.)
Bible, Alan (D. , Nev.)
Brewster, Daniel B. (D., Md.)
Brooke, Edward W. (R., Mass.)
Burdick, Quentin N. (D. , N. D.
)
Byrd, Harry F., Jr. (D., Va.)
* Carlson, Frank (R., Kans.)
Church, Frank (D., Idaho)
* Clark, Joseph S. (D., Pa.)
Cooper, John Sherman (R., Ky.)
Dirksen, Everett McKinley (R., Ill.)
Dodd, Thomas J. (D., Conn.)
Dominick, Peter H. (R., Colo.)
**Eastland, James O. (D., Miss.)
Fannin, Paul J. (R., Ariz.)
Fong, Hiram L. (R., Hawaii)
* Gruening, Ernest (D. , Alaska)
Hansen, Clifford P. (R., Wyo.)
Hatfield, Mark (R., Oreg.)
* Hill, Lister (D., Ala.)
**Hollings, Ernest F. (D., S.C.)
Hruska, Roman L. (R., Neb.)
Inouye, Daniel K. (D., Hawaii)
Jordan, B. Everett (D., N.C.)
Jordan, Len B. (R., Idaho)
Lausche, Frank J. (D., Ohio)
Long, Edward V. (D., Mo.)
Magnuson, Warren G. (D., Wash.)
McCarthy, Eugene J. (D., Minn.)
McGovern, George (D., S.D.)
McIntyre, Thomas J. (D., N.H.)
Metcalf, Lee (D., Mont.)
Miller, Jack (R., Iowa)
Montoya, Joseph M. (N. Mex. )
"Moss, Frank E. (D., Utah)
Nelson, Gaylord (D., Wis.)
Pearson, James B. (R., Kans.)
Percy, Charles H. (R., Ill.)
Prouty, Winston L. (R., Vt.)
Randolph, Jennings (D.., W.Va.)
Scott, Hugh (R., Pa.)
Smathers, George A. (D., Fla.)
Sparkman, John (D., Ala.)
Spong, William B., Jr. (D., Va.
Talmadge, Herman E. (D., Ga.)
Thurmond, Strom (R., S.C.)
Tower, John G. (R., Texas)
Tydings, Joseph D. (D., Md.)
Williams, Harrison A., Jr. (D., N. J
Yarborough, Ralph (D., Texas)
Young, Milton R. (R., N.D.)
* Not in 91st Congress
Mundt, Karl E. (R., S.D.) Did not sponsor new bill - S. 782
Muskie, Edmund S. (D., Maine)
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