EXTENSION OF THE COMMISSION ON CIVIL RIGHTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100050022-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 16, 2016
• Document Release Date: August 1, 2005
• Sequence Number: 22
• Publication Date: August 4, 1972
• Content Type: OPEN

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a:on ressiolftal '-* ccord
PROCEEDINGS AND DEBATES OF THE 91d CONE
Vol. 118 \ WASHINGTON, FRIDAY, AUGUST
The Senate met at 8:45 a.m. and was
called to order by the Acting President
pro tempore (Mr. METCALF).
PRAYER
The Chaplain, the Reverend Edward
L. R. Elson, D.D., offered the following
prayer:
God of our Fathers and our God, whose
sovereignty transcends all lesser sover-
eignties, we thank Thee for this good
land and for all lands which honor Thy
name and revere Thy law. Draw the na-
tions of the world closer together in
mutual trust and honest endeavor that
they may concert their best efforts for
the security of each and the peace of all.
To the President give Thy higher wis-
Amen.
THE JOURNAL
Mr. MANSFIELD. Mr. Presoent, I ask
unanimous consent that the.-'reading of
the Journal of the proceedi s of Thurs-
day, August 3, 1972, be di eased with.
The ACTING PRESTO T pro tem-
pore. Without objection, ' is so ordered.
EASTERN MONTANA OAL DEPOSITS
AND STRIP MINING
developed resource
posits which exten
ining have generated
versy. There are two
I do not w
original s
see eastern Montana
can qt be reclaimed, then
shho d be prohibited.
found to make certain that these people
are given equal consideration and that
both rights are recognized. Adequate pro-
tection in this area will undoubtedly re-
quire legislative action by the States un-
der their eminent domain laws. The De-
partment of the Interior must also pro-
vide these guarantees in the manage-
ment of our public lands.
In some parts of eastern Montana,
such as in the vicinity of Colstrip, the
title to subsurface and surface rights are
owned by the same party. Strip mining
would not disrupt any other activity. The
one thing that must be required in these
instances is proper reclamation of the
land for the future.
I stand ready to assist and support in
the U.S. Senate in bringing about a
strong workable program of environmen-
tal protection through legislation and
appropriate studies and inventories of
our mineral resources.
COMMITTEE MEETINGS DURING
SENATE SESSION
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the Sub-
committee on Public Lands of the Com-
mittee on Interior and Insular Affairs;
the Subcommittee on Environment of
the Committee on Commerce; and the
Committee on Finance be authorized to
meet during the session of the Senate
today.
The ACTING. PRESIDENT prp tem-
pore. Without objection, it is so ordered.
Does the Senator from Pennsylvania
seek recognition?
THE DIKES OF NORTH VIETNAM
Mr. SCOTT. Mr. President, as the time
of the annual flooding in North Vietnam
approaches, a great deal of manpower is
required by them to man their dikes and
irrigation systems. This, o#_ course, de-
rally, the propagahda from Hanoi
alleged bd
enemy lie,
ing of the dikes.
is being done is exactly the'propaganda
which Hanoi wants to foment in this
country; because, at all costs, Hanoi
wants to generate as much manpower as
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han a week. In
restraint has
been done; it
 12688 Approved For Rd 1Z2g? PAL $1--DP 3MMQr0100050022-5ququ,st 4, 1972
it ca
.ca a d to force the United St
disag eable and, if necessary, t
able tions in South Vietnam,
the dikes are about.
all th
I re
ognize Communist pro
whethe
it originates in Stock
Paris o
the United States. Th
are not ing bombed. There is
by the P sident that they shal
When Ha
site or oth r military objective
dikes, it is anoi which takes
that some a
to the dikes. ere have been 12
stances, none f
which has bee
We are goin
to continue to
this business out stopping
the dikes. I gat r that at the
convention, rece
issues raised by t delegates si
indicate that they ere agains
and for dikes. Well, that is abo
relevant and extran
convention can be; d to ca
Senate
politics on the floor of t e l.y irrelevant and extran 'nt to
us.
I simply make this p
that it is about time we de ated
nine issues which affect the
States in foreign policy and
policy and stop this extrane
ane nonsense whereby Americ
that the American Governmen
what an American President ha
den to be done and which is not being
done.,
Th
pore.
ator
10 mi
paganda,
holm or
ese dams
made
en he introduced S. 3880, the
Diabetic Education and Detec-
are printed in the Routine
usiness section of the RECORD
pore. Unde
tinguished
NG PRESIDENT pro tem-
the previous order, the dis-
n major.
hear all
on the same su ect are printed in the
Routine Morning Business section of the
RECORD under Sumission of a, Resolu-
will the Senator f
his time to the able
chusetts?
is clear-
S
YRD,?Mr. President,
Mr. HARRIS. Mt.lesident, I yield
ray remaining time to he distinguished
Senator from Massach etts (Mr. KEN-
NEDY).
The ACTING PRES DENT pro tem-
ore. The Senator from assachusetts
is yielded the remaining ti like of the Sen-
ator from Oklahoma, and u der the pre-
vious order, he has 15 m tes in his
own right.
(The remarks of Mr. KE Y on the
submission of an amendment MS. 2507
are printed in the F ar itine Morning B isi-
ness section of thell>LECORD under (sun
Control Act-amen nt.)
EXTENSION OF THE COMMISSION
ON CIVII, RIGHTS
Mr. ROBERT C. BYRD. Mr. Presiu+,nt,
I ask unanimous consent that the, t en-
ate proceed to the consideration of Cal-
endar No. 955, H.R. 12652.
The ACTING PRESIDENT pro t~:^m-
pore (Mr. METCALF). The bill will be
stated by title.
The legislative clerk read as follows:
A bill (H.R. 12652) to extend the 11f, of
this commission on civil Rights, to esii and
the jurisdiction of the Commission to Inc ode
disc'ti imination because of sex, to suttz rise
appr riations 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 +fif 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, h9 ever, That nothing contained
In this subsection shall be construed to pro-
hibit taking notice of the participation of a
civilian, mployee in the activities of any pro-
fessoa l group or association.
(q)` To require or request, or to attempt to
require or request, any civilian employee of
The ACTING PRESIDENT pro tom- t,l a United States serving in the department
pore. Is ere objection to the 'or agency to participate In any way in any
J p (,r-cnt..," sntlsrltiAa or -nttdwrtnkine, unless niah n.rt_
"" tivities or undertakings are related to the per-
There bet no objection, the Sei ate formance of official duties to which he Is or
proceeded to consider the bill, which ad may be assigned in the department or agency,
been reported fxpm the Committee oti he or to the development of skills, knowledge,
Judiciary with amendments on nag 1, or abilities which qualify him for the per-
after the enacting clause, insert, formance of such duties.
TITLE I-EXTENSIt' T OF LIFE/OF (d) To require or request, or to attempt
MISSION ON IVIL RI(}HT8 to require or request, any civilian employee
i of the United States serving in the depart-
At the beginning df line strike out ment or agency to make any report concern-
"That section" and insert'18ec. 101. ,ec- lag any of his activities or undertakings un-
tion "; on page 2, at the ginning of !ine less such activities or undertakings are re-
3, change the section n er, from ";"to lated to the performance of official duties to
"102"; at the beginning'of a 12, ehn,,ige which he is or may be assigned in the de-
the section number fD6m "' ' to "103" , at partment or agency, or to the development of
skills, knowledge, or abilities which qualify
the beginning of line 19, Change the .:CC- him for the performance of such duties, of
tion number from'4" to "1 4"; at the unless there is reason to believe that the
beginning of line,3, change tide see ion civilian employee is engaged in outside ac
number from "5" to "105"; oYin, pat;- 3, tivities or employment In conflict with his
at the beginning of line 10, change & he offical lutes.
section number from "6" to in (e) To require or request, or to attempt to
line 15, after the word "of", strilde Out require or request, any civilian employee of
"$6,500,000" ''and insert "$5,500,000` in the United States serving in the department
or
employee in applying the for employ-
as as a a or civilian a n person
line 17, after the word "of "> strike out agency,
line merit executive
"$8,500,000" and insert "$7,000,000"; branch of the United States Government, to
and, after line 17, insert a new title as submit to any interrogation or examination
followst or to take any psychologi,ial test which 3s
TITLE II-PROTECTION OF CONST.Il,U- designed to elicit from him information con-
TIbNAL RIGHTS OF GOVERNMENT M- corning his personal relationship with any
PLOYEES hierson connected with him by blood or mar-
ri(tge, or concerning his religious beliefs or
Sac. 201. It shall be unlawful for any et`i.cer p ctices,or concerning his attitude or con-
'01 any executive department or any exec, "rive dulit with respect to sexual matters: Pro-
agency of the United States Governmeu!;, or vided, however, That nothing contained in
for any person acting or purporting to act this subsection shall be construed to prevent
under his authority, to do any of the foltuw- a physician from eliciting such information
ing things: or authorizing such tests in the diagnosis or
(a) To require or request, or to atteml;i+; to treatment of any civilian employee or appii-
require or request, any civilian employes; of cant whgre such physician deems such In-
the United States serving in the departr ant formatioi`i necessary to enable him to deter-
or agency, or any person seeking employer ,ent mine whether or not such individual is suf-
in the executive branch of the United Sr:ztes fering from mental illness: Provided further,
Government, to disclose his race, religloir, or however, That this determination shall be
national origin, or the race, religion, or na- made in individual cases and not pursuant
tional origin of any of his forebears: Pro- to general practice or regulation governing
vided, however, That nothing containez'.' in the examination of employees or applicants
this subsection shall be construed to prof : bit according to g>iade, agency, or duties: Pro-
Inquiry concerning the citizenship of :.uy vided further, however, That nothing con-
employee or person if his citizenship r'l, a tamed In this subsection shall be construed
statutory condition of his obtaining or re- to prohibit an officer of the department or
taining his employment: Provided furl t.er, agency from advising any civilian employee
That nothing contained in this subset' ion or applicant of a 'specific charge of sexual
shall be construed to prohibit inquiry j.,rn- misconduct made against that person, and
corning the national origin or citizensh i?= of affording him an opportunity to refute the
any such employee or person or of his f'+re- charge.
bears, when such inquiry Is deemed nm.es- (f) To require or request, or attempt to re-
sary or advisable to determine suitability for quire or request, any civilan employee of
assignment to activities or undertakings re- the United States serving In the department
lated to the national security within he or agency, or any person applying for em-
United States or to aetivlies or undertalt +.gs ployment as a civilian employee In the execu-
of any nature outside the United States. tive branch of the United States Government,
(b) To state or intimate, or to attemi to to take any polygraph test designed to elicit
staite or intimate, to any civilian employ` ? of from him information concerning his per-
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 19 pproved Fora AfflNRJJ3 R A P11 "18&000100050022-5 S 12689
4, O-Wyj
August
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.
(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
public Office in the Government of the United
States or of any State, district, Common-
wealth, territory, or possession of the United
States, or to attend any meeting held to pro-
mote or support the activities or undertak-
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
domestic expenditures or those of any mem-
ber of his family or household: Provided,
however, That this subsection shall not ap-
ply to any civilian employee who has au-
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
assets, source of income, or liabilities, or his
personal or domestic expenditures or those
of any member of his family or household
other than specific items tending to indicate
a conflict of interest in respect to the per-
formance of any of the official duties to which
he is or may be assigned.
(k) 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, who is under investigation
for 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: Provided,
however, That a a civilian employee of the
'United States serving in the Central Intelli-
gence Agency or the National Security Agency
may be accompanied only by a person of his
choice who serves in the agency in which the
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-
ure 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 aat 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
civilian employee or applicant where such
physician deems such information necessary
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
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 take any poly-
graph test designed to elicit from him in-
formation concerning his personal relation-
ship 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.
SEC. 203. It shall be unlawful for any com-
missioned officer, as defined in section 101 of
title 10, United States Code, or any member
of the Armed Forces acting or purporting to
act under his authority, to require or request,
or to attempt to require or request, any
civilian employee of the executive branch of
the United States Government under his
authority or subject to his supervision to per-
form any of the acts or submit to any of the
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 1111 a vacancy occurring
prior to the expiration of the term for which
his predecessor was appointed shall be ap-
pointed for the remainder of such term.
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(el Members of the Board shall be com-
pen,sated at the rate of $75 a day for each
day spent in the work of the Board, and
shall. be paid actual travel expenses and
per them in lieu of subsistence expenses when
away from their usual places of residence,
ji.,: authorized by section 5703 of title 5,
L'rniled States Code.
(d) Two members shall constitute a
quorum for the transaction of business.
(e) The Board may appoint and fix the
compensation of such officers, attorneys, and
employees, and make such expenditures as
may be necessary to carry out its functions.
(f) The Board shall make such rules and
rcgalations as shall be necessary and proper
t.o carry out its functions.
(g) The Board shall have the authority
,and duty to receive and investigate written
complaints from or on behalf of any person
churning to be affected or aggrieved by any
violation or threatened violation of this Act
and to conduct a hearing on each such com-
plaint. Within ten days after the receipt
of any such complaint, the Board shall fur-
nish notice of the time, place, and nature
of the hearing thereon to all Interested par-
ties. The Board shall render its final decision
with respect to any complaint within thirty
days after the conclusion of its hearing
thereon.
(h) Officers or representatives of any Fed-
eral employee organization in any degree
concerned with employment of the category
in which any alleged violation of this Act
occurred or Is threatened shall be given an
opportunity to participate in each hearing
conducted under this section, through sub-
mission of written data, views, or arguments,
and in the discretion of the Board, with op-
portunity for oral presentation. Government
employees called upon by any party or by
any Federal employee organization to par-
ticipate in any phase of any administrative
or judicial proceeding under this section
shall he free to do so without incurring travel
cost or suffering loss in leave or pay; and
all such employees shall be free from re-
straint, coercion, interference, intimidation,
or reprisal in or because of their participa-
tion. Any periods of time spent by Govern-
ment employees during such participation
shall be held and considered to be Federal
employment for all purposes.
(i) Insofar as consistent with the pur-
poses of this section, the provisions of sub-
chapter II of chapter 5 of title 5, United
States Code, relating to the furnishing of
notice and manner of conducting agency
hearings, shall be applicable to hearings con-
ducted by the Board under this section.
(j) If the Board shall determine after
hearing that a violation of this Act has not
occurred or is not threatened, the Board
shall state its determination and notify all
interested parties of such determination.
Each such determination shall constitute a
dual decision of the Board for purposes of
iadicial review.
(k:) If the Board shall determine that any
A iolation of this Act has been committed or
threatened by any civilian officer or em-
r 1oyee of the United States, the Board im-
mnediately (1) issue and cause to be served
on such officer or employee an order requiring
mein officer or employee to cease and desist
from the unlawful act or practice which
constittues a violation, (2) endeavor to elim-
inate any such unlawful act or practice
by informal methods of conference, concilia-
ion. and persuasion, and (3) may-
(A) (1) in the case of the first offense by
na,ny civilian officer or employee of the United
States, other than any officer appointed by
the President, by and with the advice and
consent of the Senate, issue an official rep-
r iman.d agains such officer or employee
or order the suspension without pay of such
officer or employee from the position or of-
fice held by him for a period of not to exceed
fifteen days, and (11) in the case of a secone.
or subsequent offense by any such officer
or employee, order the suspension without,
pay of such officer or employee from thy
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 an'
officer appointed by the President, by and
with the advice and consent of the Senate,
transmit a report concerning such violation
to the President and the Congress.
(1) If the Board shall determine that an
violation of this Act has been committed e^
threatened by any officer of any of the Armed
Forces of the United States, or any persoi,
purporting to act under authority conferred
by such officer, the Board Shall (1) submit a
report thereon to the President, the Con,
gross, and the Secretary of the military de,
partment concerned, (2) endeavor to elimi-
nate any unlawful act or practice which con--
stltutes such a violation by informal meth-
ods of conference, conciliation, and persua?
Sion, and (3) refer its determination and thr-
record in the case to any person authorizW
to convene general courts-martial under sec
tion 822 (article 22) of title 10, United Stater
Code. Thereupon such person shall take im-
mediate steps to dispose of the matter un-
der chapter 47 of title 10, United States Cod-r
Uniform Code/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 th't
violation or threatened violation of this Act
occurred, or in the United States District
Court for the District of Columbia, a civi'
action for the review of such determinatiof.
or order. If any such action, the court shall
have jurisdiction to (1) affirm, modify, o"
set aside any determination or order mad,
by the Board which is under review, or (2)
require the Board to make any determina
tion or order which it is authorized to make
under subsection (k), but which it has re-
fused to make. The reviewing court shall set
aside any finding, conclusion, determination,
or order of the Board as to which complain
is made which is unsupported by substantial
evidence on the record considered as a whole:
(n) The Board shall submit, not later thahz
March 31 of each year, to the Senate any+
House of Representatives, respectively, a re
port on its activities under this section dur..
lug the immediately preceding calendar yeas
including a statement concerning the nature
of all complaints filed with it, its determine
tions and orders resulting from hearing=
thereon, and the names of all officers or em-
ployees of the United States with respect te:n
whom any penalties have been Imposed un
der this section.
(o) There are authorized to be appropri-
ated sums necessary, not in excess of $100,00%t
to carry out the provisions of this section.
SEC. 206. Nothing contained in this Act
shall be construed to prohibit an officer Cr
the Central Intelligence Agency or of th
National Security Agency from requesting
any civilian employee or applicant to take 4:
polygraph test, or to take a psychologlos
test, designed to elicit from him informa
tion concerning his personal relationship
with any person connected with him by blood
or marriage, or concerning his religious be-
liefs or practices, or concerning his attitud
or conduct with respect to sexual matters, of
to provide a personal financial statement, if
the Director of the Central Intelligenceu
Agency or his designee,por the Director of th^
National" etii'iff Agency or his designer
makes a personal finding with regard to each
individual to be so tested or examined the*
such test or information is required to pro-
tect the national security.
SEC. 207. No civilian employee of the Unites.`.
States serving in the Central Intelligene,
Agency or the National Security Agency, sad
no individual or organs.='atlon 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 50, 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.
Sac. 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 informaton 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 tinder 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-
merit of department and agency grievance
procedures to enforce this Act, 'out 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 la,w: 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.
LEGISLATIVE HISTORY OF TITLE II OF H.E. 12652
Mr. ERVIN. Mr. President, title II of
H.R. 12652 is identical to S. 1438 which
was approved by the Senate by unani-
mous consent last December. Its provi-
sions are designed to protect the con-
stitutional rights of employees of the
executive branch and to prevent un-
warranted governmental invasions of
their privacy. I proposed the addition
of this title to the House bill to extend
the life of the Civil Rights Commission
to afford the Senate another chance to
express its desire to protect the privacy
of millions of citizens who now work
for the Government or who may apply to
work for it.
The December vote was not the first
time the Senate expressed itself on this
issue and sent to the House this meas-
ure containing privacy guarantees.
I introduced this bill in 1966 in the
89th Congress. Hearings were conducted
and staff studies were made on the
problems. In the 90th Congress I rein-
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troduced the bilT with 54 cosponsors,
and it was unanimously and favorably
reported by the Committee on the Judi-
ciary as S. 1035. On September 13, 1967,
the Senate approved it by an impres-
sive vote of 79 to 4, a vote that totaled
90 to 4 by the time absentees were re-
corded. The bill was then referred to
the House Post Office and Civil Service
Committee which did not report on it in
the 90th Congress.
In the 91st Congress, I reintroduced
the identical bill as S. 782 with 54 cospon-
sors. Again the subcommittee considered
it, held hearings, conducted investiga-
tions, and reported the bill unanimously.
The Judiciary Committee repeated their
support for the bill and again recom-
mended that the bill be enacted.
True to the sentiments of their con-
stituents and to the extensive editorial
support for this privacy bill, Members of
the Senate again approved the measure,
this time by unanimous consent. The bill
was again sent to the House Post Office
and Civil Service Committee whose sub-
committee conducted some hearings. I
appeared before that subcommittee and
reported on the complaints and findings
in the Constitutional Rights Subcommit-
tee. No further action was taken by the
House committee in that Congress.
In 1971, for the third time, I introduced
the employee "bill of rights" as S. 1438,
with 50 cosponsors.
For the third time, the subcommittee
and the Committee on the Judiciary
unanimously recommended that it be en-
acted. And by unanimous consent, the
Senate approved this measure for the
third time. For the third Congress, the
House has not acted.
There has been widespread support for
this measure for many years.
I believe Americans today fear for
their privacy and their constitutional
freedoms. This bill will provide some
minimum statutory guarantees for mil-
lions of citizens who work for the execu-
tive branch of the Federal Government
or who may apply to work for it.
The amendments were agreed to.
The amendments were ordered to be
engrossed and the bill to be read a third
time.
The bill was read the third time, and
passed.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent to have printed
In the RECORD an excerpt from the report
(No. 92-1006), explaining the purposes
of the measure.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
AMENDMENTS
1. Amendment No. 1 provides that Section
106, lines 11 through 16, page 3, be deleted
and the following inserted in lieu thereof:
SEC. 106. For the purposes of carrying out
this Act, there is authorized to be appropri-
ated for the fiscal year ending June 30, 1973,
the sum of $5.5 million, and for each fiscal
year thereafter through June 30, 1978,
the sum of $7.0 million.
The amendment to Section 106 of the bill
reduces the amounts of appropriations au-
thorized for the Commission in fiscal years
1973 through 1978, as provided in the House
bill.
2. Amendment No. 2 adds Title II to the
bill, which incorporates the provisions of S.
1438, a bill approved by the Committee in
the First Session as an Act to protect the
civilian employees of the executive branch of
the United States Government In the enjoy-
ment of their constitutional rights and to
prevent unwarranted governmental inva-
sions of their privacy.
TITLE I-LEGISLATIVE HISTORY
President Nixon in his State of the Union
message of January 20, 1972, called for a five-
year extension of the Civil Rights Commis-
sion and the expansion of its jurisdiction to
include discrimination based on sex.
The Commission then drafted its proposals
which were introduced in the House (H.R.
12652) on January 26, 1972, and in the Sen-
ate (S. 3121) on February 3, 1972. The bills
were identical, calling for an extension of the
Commission for five years, an expansion of its
jurisdiction to include sex discrimination,
and an open-ended appropriation authoriza-
tion.
Subcommittee No. 5 of the House Judiciary
Committee held hearings on H.R. 12652 on
February 24, 1972. At the conclusion of the
hearings, the subcommittee replaced the
open-ended authorization with an author-
ization ceiling of $6.5 million for fiscal year
73 and $8.5 million for fiscal years 74-78.
The bill as amended was passed by the House
of Representatives on May 1, 1972.
S. 3121 and H.R.12652 were referred to the
Senate Judiciary Committee. The Subcom-
mittee on Constitutional Rights held hear-
ings on the bills on June 16, 1972. Testimony
from the Commission was received in support
of H.R. 12652. Also testifying in support of
the bill was the national director of the
National Federation of Business and Profes-
sional Women's Clubs. Statements of sup-
port were submitted by three Senators, The
Women's Equity Action League, The League
of Women Voters of the United States, The
Leadership Conference on Civil Rights. The
Duluth Business and Professional Women's
Club, and the Pennsylvania Commission on
the Status of Women. No testimony or state-
ments were received in opposition to the bill.
The aforementioned communications can be
found in the printed text of the hearings.
The bill as amended was reported by the
subcommittee by a divided vote.
TITLE AS AMENDED
Title I has three primary purposes, and
three secondary ones.
Section 4 provides that the Commission
will make its final report to the President
and to the Congress by June 30, 1978, rather
than January 31, 1973. This, in effect, extends
the life of the Commission for five years and
five months.
Section 3 expands the jurisdiction of the
Commission to Include discrimination based
on sex. At present, the Commission's juris-
diction is limited to investigating denials
of equal protection based on race, color, reli-
gion, or national origin.
Section 6 as amended provides a ceiling on
appropriations of $5.5 million for fiscal year
73, and $7.0 million for the four succeed-
ing fiscal years. The bill as originally intro-
duced contained an open-ended authoriza-
tion for "such sums as are necessary to carry
out the provisions of this Act." The bill was
amended in the House, however, to provide
a ceiling of $6.5 million in fiscal year 73 and
$8.6 million in the four succeeding fiscal
years. The amended provision thus represents
a reduction in the authorization approved by
the House of $1 million in fiscal year 73
and $1.5 million in each of the succeeding
four fiscal years.
Sections 1, 2, and 5 of the bill provide for
increased compensation for witnesses, com-
missioners, and consultants, respectively.
Witnesses will be paid at the rate paid wit-
nesses in federal courts. Commissioners will
be compensated at the rate of level IV of the
Federal Executive Salary Schedule for each
day spent in the work of the Commission,
S 12691
and consultants will be paid at a rate not to
exceed the daily rate paid a GS-15. These
provisions are comparable to those now in
effect in other government agencies.
STATEMENT
The Commission on Civil Rights was cre-
ated in 1957 as an independent fact-finding
agency with a two-year life span. Its power
was limited to conducting studies and making
recommendations to the President and Con-
gress concerning denials of equal protection
based on race, color, religion, and national
origin.
The Commission has since been extended
five times by the Congress. Its staff and pro-
gram have expanded, and its appropriation
authorization has steadily climbed to its pres-
ent level of $4.0 million for fiscal year 1972.
In the early years of its existence, the
Commission concerned itself largely with the
problems facing black Americans. Recently,
however, it has turned its attention to other
minority groups, most notably Indians and
Mexican Americans. More than 60% of its
recommendations have been enacted into
law.
The Committee is of the view that there
is a continuing need for the Commission to
appraise the policies of the federal govern-
ment with respect to civil rights and to
serve as a reliable source of information
for future legislative proposals.
The Committee also favors the inclusion
of sex discrimination as a logical expansion
of the Commission's jurisdiction. The Com-
mission is already empowered to investigate
denials of equal protection on other grounds,
and has a working structure designed to
cope with such problems. The Committee
hopes, however, that the Commission's as-
sumption of new jurisdiction will not signify
a slackening of the Commission's efforts to
deal with problems of neglected smaller
minorities. The Committee furthermore
hopes that particular attention will be given
to the special problems of minority women
when the Commission turns its attention to
the problems of sex discrimination in gen-
eral. In short, the grant of additional juris-
diction should not be allowed to cloud the
other important concerns of the Commission.
Finally, the Committee favors the fiscal
limits of $5.5 million in fiscal year 73 and
$7.0 million in the succeeding four fiscal
years as a more realistic estimate of the
Commission's costs than those contained in
the House bill. The authorization of the
Commission for fiscal year 72 was $4.0 mil-
lion. The limit of $5.6 million in fiscal year
73 represents a 37.5% increase over fiscal
year 72; the $7.0 million, a 76% increase over
fiscal year 72. These authorizations repre-
sent, the Committee feels, amounts reason-
ably calculated to allow the Commission to
carry out its responsibilities.
The Committee has already requested an
increase in the appropriations for fiscal year
73 to $4.8 million without the new juris-
diction to cover sex discrimination. The au-
thorization called for in the Committee
amendment provides $.7 million for fiscal year
1973 in addition to this request to allow the
Commission to begin its new work in the
area of sex discrimination and a contem-
plated project on Asian-Americans. The $7.0
million figure for fiscal years 74 through 78
makes it possible for the Commission to ex-
pand its efforts in the area of sex discrimina-
tion and allows for future cost increases to
its total program.
COSTS
In accordance with Section 252 of the Leg-
islative Reorganization Act of 1970, the Com-
mittee estimates the costs of H.R. 12652, as
amended, In fiscal year 1973 will be $1.5 mil-
lion more than the appropriation of $4.0
million already authorized. If the Civil
Rights Commission is extended until Decem-
ber 31, 1978, as provided by the bill, the
annual cost is estimated to be $7.0 million
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S 12692 Z t? r st 4, 19i2
fir each of the fiscal years 1974 through
1978.
The printed hearings contain a detailed
projection made by the Commission of its
program for the next five years and its esti-
suated costs.
i 'li. _ IT--PROTECTING PRIVACY AND THE RIGHTS
OF FEDERAL INCOME
o Is II is identical to the provisions of
Si, i1e38 which was approved by the Com-
aittee without amendment on December 6,
lb "i 1. and which was passed by the Senate
'i'bis title ie designed to protect civilian em-
piovees of the executive branch of the United
,t.rss, Government in the enjoyment of their
,'oiiihitutional rights and to prevent unwar-
c :,cued governmental invasions of their priv-
0'.y.
The language of the Committee report on
he provisions of S. 1438 is reprinted below
n s-:iopted by the Committee.
4'ne references in the report on Title II
:._c to the numbered provisions of S. 1438 as
orcneriy approved by the Committee.
l'he section references in the legislative
in`vsis of Title If accord with the numbered
;.tion of the parent bill.
PURPOSE
he purpose of Title II is to prohibit indis-
criminate executive branch requirements
t.hwi 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
!:urelated to their employment; report on
-heir outside activities or undertakings un-
related to their work; submit to questioning
:bout their religion, personal relationships
i r sexual attitudes through interviews, psy-
chological tests, or polygraphs; support polit-
i,.al candidates or attend political meetings.
The bill would make it illegal to coerce an
eulployee 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 whioi- may lead to disci-
plinary proceedings. It would accord the right
to a civil action in a Federal court for viola-
,,ion or threatened violation of the act, and
i . would establish a Board on Employees'
bights to receive and conduct hearings cn
complaints of violation of the act and to
determine and administer remedies and pen-
altics.
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 then. As the former
Chairman of the Civil Service Commission,
Robert Ramspeok, 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
before. And we cannot get them if you are
going to deal with them on the basis of sus- I believe that the Constitutiors, as it was
picion, and delve into their private liv'w, be- drafted and as it has been imple:nented, em-
cause if there Is anything the average [imeri bodies a view of the citizen as possessed of
can cherishes, it Is his right of freedom of an inherent dignity and 3s enjoying certain
action, and his right to privacy. So I think basic liberties. Many current practices of
this bill is hitting at an evil that has grown Government affecting employees are uncon-
up, maybe not intended, but which is hurt stitutional; they violate not only the letter
ing the ability of the Federal Government but the very spirit of the Constitution.
to acquire the type of personnel that we must "I introduced this bill origina:.ly because I
have in thecareer service." believe that, to the extent it has permited
Third is the growing need for the beneficial or authorized unwarranted invasion of emn-
influence which such a statute would provide ployee privacy and unreasonable restrictic ns
in view of the present impact of federal on their liberty, theFederal Government has
policies, regulations and practices on those neglected its constitutional dully where its
of State and local government and of private own employees are concerned, and it has
business and Industry. An example of the failed in its role as the model employer 'or
interest demonstrated by governmental and the Nation.
private employers is the following comment "Second, although it is a question of some
by Allan J. Graham, secretary of tlra Civil
Service Commission of the city of New York :
"It is my opinion, based on over 21i years
of former Government service, including
some yearn 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
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 _tnd foi
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 ane
privacy which should be exempt from the un-
warranted instrusions facilitated by scientific:
techniques.
As Prof. Charles Reich of Yale Law Schoef
has stated, this bill "would be a significan?
step forward in defining the right of privacy
today."
"One of the most important tasks whici'
faces the Congress and State legislatures 11,
the next decade is the protection of the cit.-
zen against Invasion of privacy," states Prof.
Stanley Anderson of the University of Cali-
fornia, Santa Barbara. "No citizens," in hi;
opinion, "are in more immediate danger a-
incursion into private affairs than Govern
Inent 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 131
accepting Government employment. Chief
among these constitutional protections l's
the first amendment, which protects the
employee to privacy in his thoughts: belief:!.
and attitudes, to silence in his action and.
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 fcr
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 unreasona my
coerced or required without warrant to sur-
render their liberty, their privacy, or their
freedom to at 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 .9 rid
effort to obtain some favored policy goal, --be
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 i:a 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 practice.,; 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 ,he 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
participation or his inaction and nonpar- private citizen. When lie becomes an em-
ticipation in community life and civic affairs. ployee of his Government, he has a right to
This principle is the essence of constitutionat expect that the policies and practices appli-
liberty`in a free society. cable to him will reflect the boss values of his
The constitutional focus of the bill wa.,; society.
emphasized by Senator Ervin in the follow- The balance of interests achieved assures
lag terms when he introduced S. 1035 0r._' him this right. While it places no absolute
February 21, 1967: prohibition on Government inquiries, the
"If this bill is to have any meaning fen bill does assure that restriction; on his rights
those it affects, or serve as a precedent for and liberties as a Government employee are
those who seek guidelines In those matters!, reasonable ones.
its purpose must be phrased in constitu-- As Senator Bible stated:
tional terms. Otherwise its goals will be low" "There is a line between what is Federal
"We must have as our point of referenrc. business and what is personal business, and
the constitutional principles which guide Congress must draw that line. The right of
every official act of our Federal Government privacy must be spelled out."
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The weight 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.
Francis 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-
tional Federation of Federal Employees.
The ACTING
pore. Under the
(Mr. CHILES) was to
zed at this time.
out prejudice to
Florida.
The ACTING P
pore. Without objec
The clerk will call
BYRD. Mr. President,
e of a quorum, with-
the Senator from
RECORD under Statements on Introduced
Bills and Joint Resolutions.)
ROLLING STOCK UTILIZATION AND
FINANCING ACT OF 1972
T e PRESIDING OFFICER. At this
time, in accordance with the previous
order, he Chair lays before the Senate
S. 1729, hich the clerk will report.
The a istant legislative clerk read as
follows :
Calendar rder No. 932 (S. 1729), a bill to
supply gener service freight cars to meet
the needs oY mmerce, users, shippers, na-
tional defense, nd the consuming public.
The Senate Oceeded to consider the
bill which had 1een reported from the
Committee on Co merce with an amend-
ment to strike out 11 after the enacting
That this Act may b cited as the "Rolling
Stock Utilization and F ancing Act of 1972".
TABLE OF C TENTS
TITLE I-NATIONAL RO ING STOCK IN-
FORMATION SERVICE AND FEDERAL
RAILROAD EQUIPMEN OBLIGATION
Sec. 101. Purposes ---------- ---------
22
Sec. 102. Definitions --------- --------
23
Sec. 103. National Rolling Ste Infor-
mation System ----- _-----
24
Sec. 104. Federal Railroad Eq ment
Obligation Insurance nd_-
27
Sec. 105. Authorization to insure uip-
ment obligations ------ ___
28
Sec. 106. Limitations and conditi is;
premium charges -------- -
3o
TITLE II-TO IMPROVE UTILIZATION
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. 801. 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
See, 306. Audit and expenditures-----_-
61
Sec. 307. Conversion by public sale of
stock ---------------------
52
Sec. 308. National Rolling Stock Infor-
mation Service_____________
55
See. 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
The legislative cler
the roll.
e roll.
proceeded to call
ALLEN). Without objecti
dered.
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.
(The remarks of Mr. CHILES on the
introduction of S. 3881 are printed in the
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-
(a) to improve the utilization and dis-
tribution of rolling stock to meet the needs
of commerce, users, shippers, the national
defense, and the consuming public;
(b) to assist railroads in acquiring addi-
tional rolling stock to provide fast and ex-
S 12693
pedi.tious 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 obligor 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 oars, including, but not lim-
ited to, boxcars, gondolas, open top and cov-
ered hopper cars, and flatcars.
(10) "Secretary" means the Secretary of
ansportation.
to sign a national rolling stock informa-
tion stem and to contract with and provide
teohn cal and financial assistance to indi
vidual ailroads or a group of railroads work-
ing to they, including the sharing of costs
and th funding in part of demonstration,
projects, to assist in the establishment of a
national oiling stock information system.
Such natt nal rolling stock information sys-
tem shall se computer and communication
techniques nd equipment which will facili-
tate equita a distribution and efficient and
economical ilization of rolling stock. Such
system shall capable of furnishing infor-
mation about 1 rolling stock owned directly
or indirectly railroads and car-pooling
companies with spect to physical character-
istics, origin, d tination, location, avail-
ability for future oadings, and such other
information as th Secretary determines to
be useful for the a itable distribution and
efficient and economi 1 utilization of rolling
pers, railroads, and the nterstate Commerce
stock. The Secretary Ruse consult with ship-
Commission before final approving the de-
sign of the system. In rmation shall be
available to shippers, rai oads, the Secre-
tary, the Interstate Comm ce Commission,
and other members of the blic subject to
such rules as the Interstate mmerce Com-
mission shall prescribe to in a the con-
fidentiality of certain types o competitive
information supplied for use In connection
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The Secretary shall report semian- of the Interstate Commerce Act, who shall
nuall.y to the Congress with respect to the be a member of a State agency authorized
progress made in implementing the national by State law to fix rates for transportation by
system provided for in subsection (a). Such railroad. Each of the members appointed by
report shall include recommendations for the President may reserve compensation at a
such additional funding as may be necessary rate not to exceed $300 for each meeting of
to make the national system fully effective. the Board which he attends and shall be
(c) Inexercising his authority under this reimbursed for necessary travel and sub..
section, the Secretary may enter into agree- sistence expense incurred In attendingtsuct
meats of contracts without regard to section meetings.
3709 of the Revised Statutes, as amended AUTHORIZATION To INSURE EQUIPIttzNT
14t U.S.C.5).
td) Persons contracting with the Secre-
,srg with respect to the design of a national
~,c individual rolling stock information sys-
sin or the use of information supplied by
,uch system shall be and are hereby relieved
'ruini prohibitions of the antitrust laws of
the United States, with respect to such con-
tracts, to the extent necessary to facilitate
crying out the purposes of this Act.
e) There is authorized to be appropri-
;, end to the Secretary out of money in the
Treasury not otherwise appropriated, the
mil of $10,000,000 for purposes of this sec-
::icru, such amount to remain available for
-sot' year after the date of enactment of this
et.
(f; If, not later than one year after such
date. the Secretary finds that a practical de-
sign for a national rolling stock informa-
tion system has been completed and that
?uch design can be implemented so as to
produce information useful for significantly
unproved utilization of rolling stock in the
near future, there Is authorized to be ap-
propriated to the Secretary out of money in
the Treasury not otherwise appropriated, the
om of $15,000,000 for the purpose of assist;
tn.g individual railroads or a group of rai-
roads working together to implement such
design, such amount to remain available
or one year after the Secretary makes such
0 nding.
(g) If, not later than two years after such
date, the Secretary finds that substantial
progress has been made toward completion
of a national rolling stock information sys-
Fem, there is authorized to be appropriated
o the Secretary out of money in the Treas-
ury not otherwise appropriated, the sum of
$10,000,000 for the purpose of completing
such system, such amount to remain avail-
able for one year after such finding.
FEDERAL RAILROAD EQUIPMENT OBLIGATION I
INSURANCE FUND
ciao. 104. (a) There is created a Federal
Railroad Equipment Obligation Insurance
Fund (hereafter in this Act referred $0 as
the "'fund") which shall be used b}d the
Board as a revolving fund for the purpose
or carrying out sections 105 through 108 of
this Act. Moneys in the fund shall be de-
posited in the Treasury of the Unfts;(d States
to the credit of the fund or ingested in
bands or other obligations of, or aranteed
as to principal and interest by, Vie United
States for the account of the ftli/id.
(b) The Federal Railroad Eq pment Ob-
ligation Insurance Board shall! have seven
n ,embers. of whom one shall 4t elected an-
nually by the Board to serves as Chairman.
'the Secretary of Transportation and the See-
retary of the Treasury, or pgisons designated
by them respectively in w sting, shall serve
a'. ex officio members of t e- Board with the
sure powers as other mefibers of the Board.
The President of the United States shall,
within ninety days after enactment of this
Act, appoint the remaining members of the
Board, by and with irhe advice and consent
of the Senate, on O e following basis: (1)
three, to be selected from recommendations
of organizations ,?f shippers who shall be
representative ofr different, major shipping
interests, including small shippers; (2) one,
to be selected from recommendations of or-
ganizations of consumers; and (3) one, to
be selected from recommendations of the na-
tional organization of State Commissions as
referred to in sections 202(b) and 205(f)
SEC. 105. (a) Upon application by a railroad
or carpooling company, the Board is author-
ized to insure the interest on, anti the unpaid
principal balance of, any equipment obli-
gation offered to it which it `determines is
eligible for insurance under this At. The
Board also may make comet iments to insure
any equipment obligation prior to the date
of execution or disburse nt thereon. Such
insurance and commit nts shall be ex-
tended in such form, on such terms and
conditions, and pursuant to such regulation.
as the Board considers.ppropriate and which
are not inconsistent i'with the provisions of
this Act.
(b) Each insurance contract made under
this section shall r#in to and be for the bene-
fit of the holder of the equipment obligation
(c) The aggreg$.'te unpaid principal amount
of equipment obligations insured under thin
title shall not exceed $2,000,000,000 at any
one time.
(d) Each Pqutpment obligation insured
under this section shall bear interest (exclu-
sive of pre#iium charges for insurance and
service charges) at a rate riot to exceed such
per centurh on the principal obligation out-
standing/which the Board determines to be'
reasonalifie, taking Into account the range of
interesV rates prevailing in the private marks':
for sizxiilar obligations.
(e) Upon receipt of an application from a:
railrad or car-pooling company, the Board
shalii publish notice of the receipt of Such
application in the Federal Register and steal"
afford interested parties an opportunity to
submit comments in accordance with the pro-
visions of section 553 of title 5 of the United
,States Code.
LIMITATIONS AND CONDITIONS; PREMIUM
CHARGES
SEC. 106. (a) Before insuring any equip-
ment obligation under section 105 of this
Act, the Board shall find in writing that--
(1) the equipment obligation is Secured
by rolling stock to be financed or refinanced
thereby;
(2) the terms of the equipment obligation
require full payment within fifteen years
from the date thereof;
(3) the financing or refinancing of tha,
rolling stock is justified by the present and.
future demand for transportation services
to be rendered by the railroad or carpool-
ing company for which the rolling stock 1
procured;
(4) the common carrier operations of the
railroad or car-pooling company are sulh-
cfently efficient at the date of any such
financing or refinancing to assure economic
utilization of any rolling stock in which the
obligor then has a beneficial interest or in
which the obligor may obtain such an inter-
est as a consequence of such financing oz
refinancing;
(5) the purchase of the rolling stock wV%
serve to insure an adequate national Mr
supply to meet demonstrable demands ft
rail transportation services, and to provide.
shippers with equipment suited to their
transportation needs;
(6) the probable value of the rolling stock,
will provide reasonable protection to the
United States in the event of repossessio?
of the rolling stock by the holder of ate.
equipment obligation insured under thi:
Act.
(b) Before insuring any equipment obli
gation under section 105 of this Act, the
Board shall obtain in writing an agreement
from the obligor that while any principal
or interest on such obligation is unpaid---
(1) there will be an increase in the load-
carrying capacity of the obligor's rolling
stock;
(2) dividends that are payable in the dis-
cretion of the obligor will not be increased
over the average amount paid during the
live years preceding enactment of this Act;
(3) assets and revenue related to, or de-
rived from, railroad operations or property
will not be used by theobligor in nonrallrcad
enterprisers;
(4) the obligor will cooperate with the Sec-
retary in programs pusuant to title II of
this Act to improve the equitable distribu-
tion and efficient and expeditious use of
rolling stock; and
(5) such obligation will become immedi-
ately due and payable if the Secretary finds
that conditions (1), (2), and (3) of this
subsectionhave not been satisfied.
(c) The Board shall fix a premium charge
for the insurance of equipment obligations
under this Act of not to exceed 1 per centum
per annum of the principal amount of such
equipment obligation outstanding. Premi-
um payments shall be made when moneys
are first advanced by the lender under the
equipment obligation and on each anniver-
sary date thereafter.
(4) All money received under sections 104
through 108 of this Act shall be deposited in
the fund. Amounts not to exceed 5 per
centum of the sums collected each year tin-
der subsection (c) of this section may be
used to pay administrative expenses incurred
by the Board incident to the administration
of sections 104 through 108 of this title.
ISSUANCE OF NOTES OR OBLIGATIONS
SEC. 107. (a) If at anytime the money, in
the fund are not sufficient to pay any amount
the Board is required to pay under an agree-
ment made under section 105 of this Act,
the Board is authorized to issue to the Sec-
retary of the Treasury notes or other obliga-
tions in such forms and denominations,
bearing such maturities, and subject to such
terms and conditions as may be prescribed
by the Board, with the approval of the Sec-
retary of the Treasury. The notes or other
obligations shall bear interest at a rate de-
termined by the Secretary of the Treas..try,
taking into consideration the current aver-
age market yield on outstanding marketable
obligations of the United States on compara-
ble maturities during the month preceding
the Issuance of such notes; or other obliga-
tions. The Secretary of t*e Treasury is au-
thorized and directed to purchase any notes
and other obligations to be issued hereunder
and for such purpose he is authorized to use
as a public debt transaction the preceeds
from the sale of any securities issued under
the Second Liberty Boitd Act, as amended,
and the purposes for w ich securities may be
issued under such Actas amended, are ex-
tended to include y purchases of such
notes and obligation The Secretary of the
time sell any of the
Treasury may at all,
notes or other obligations acquired by him
under this sectiorf, All redemptions, pur-
chases, and sales rby the Secretary of the
Treasury of suchnotes or other obligations
shall be treated #s pubic debt transactions
of the United Spates. Funds borrowed under
this section shall be deposited in the fund and
redemtions oft such notes and obligations
shall be made by the Board from the fund.
(b) Notwithstanding any other provisions
of law relating to the acquisition, handling,
or disposal of property by the United States,
the Board shall have the right in its discre-
tion to perform such acts as may be nec-
essary to complete, recondition, renovate,
repair, maintain, and manage, lease, rent,
sell, or otherwise dispose of any property
or other interests acquired by it under an
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FROM:
STA
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klo ti IrN AND SK l IET
NO.
r
OLC
DATE
7 August 1972
TO: (Officer designation, room number, and
buildin
)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
g
INITIALS,
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
1.
OGC
The Senate approved the
2.
Ervin Bill as a rider to
H. R. 12652, which extends the
life of the Commission on Civil
3.
Rights. The bill is now in
conference. Efforts are being
E
rvin
made to (a) have the
A.
amendment struck on a point of
I order by the House Post Office ti
5.
and Civil Service Committee, or
if this fails to (b) secure a total
a -
-: exemption for the Agency in
6.
I
conference.
8.
Assistant Legislative Counsel
fi
--~
----
h
t
tt
ac
men
a
9.
cc: Security
10.
11.
12.
13.
14.
15.
O USE PREVIOUS
~J EOtTIONS
^ SECRET
INTERNAL
CONF DENTIAL ^ USE ONLY
WNCLASSIFIEC
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STAT
STAT