PRINCIPAL DIFFERENCES BETWEEN COMMITTEE PRINT AND ERVIN BILL ON INVASION OF PRIVACY OF FEDERAL EMPLOYEES (H.R. 7199 BY MR. WILSON, WITH SOME VARIATIONS, AND H.R. 7969 BY MR. GALIFIANAKIS)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100050062-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 35
• Document Creation Date: December 16, 2016
• Document Release Date: August 1, 2005
• Sequence Number: 62
• Publication Date: September 9, 1971
• Content Type: PAPER

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We find the draft bill set forth in the Committee Print of
May 26, 1971 a well drafted piece of legislation which does meet the
substantive objections of other previous bills.
Unfortunately one of the most serious problems for the Agency
and the intelligence community relates to the crossing of command lines
and the establishment of outside review authority by the Board of Employee
Rights plus the de novo jurisdiction in the courts. In effect, such procedural
authority would result in loss by default of most cases that could be brought
under such a bill. The Agency would not be able to reveal sources,
methods and procedures in its own defense or in defense of an employee
supervisor charged with an infraction under this legislation.
We request full exemption from the bill.
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Principal differences between Committee Print and Ervin bill on
invasion of privacy of Federal employees (H.R. 7199 by Mr. Wilson,
with some variations, and H.R. 7969 by Mr. Galifianakis)
1. Technical aspects: The Committee Print is far superior in terms
of drafting. It addresses itself directly to the language and
sections of Title 5, as the Ervin bill does not. Its definitions
are tighter and language clearer. If the subcommittee decides to
move with an invasion of privacy bill, it will have to be redrafted
along the lines of the Committee Print.
2. Prohibitions: Both contain essentially the same prohibitions,
though as noted above the Committee Print language is different.
Both prohibit--
- inquiry as to race, religion, national origin, or attendance
at meetings not related to official duties;
- requiring participation in outside activities unless related
to official duties, or reports on such outside activities;
- requiring polygraph or psychological tests as to personal
relationships with relatives, religious beliefs, or sexual
conduct. (The Ervin bill is somewhat broader in that it
refers to any examination.)
- requiring participation in political campaigns. (The Ervin
bill specifies contributions and meetings--the Committee
Print language is broader), bond or charitable drives, and
disclosure of personal financial data.
The Committee Print does not specifically grant right of counsel
in the interrogation process as does the Ervin bill. However,
this is a relatively minor omission since employees now have the
right to counsel in proceedings against them. The Ervin bill
could be interpreted as expanding this right to almost any meet-
ing between employer and employee.
3. Exclusions: Both bills contain several similar exclusions to the
above provisions in cases of bona fide medical examinations, con-
flict of interests, activities related to official duties, and
national security. The Committee Print is more inclusive in its
exclusions with one exception noted below. The Ervin bill ex-
cludes CIA and NSA from the polygraph section. The Committee
Print excludes all agencies dealing with the national security
from the sections concerning inquiry as to race, religion or
national origin; reports on outside activities; psychological or
polygraph tests; and disclosure of financial data.
On the other hand, the Ervin bill excludes the FBI from the whole
bill (Gong. Wilson's bill, H.R. 7199, is similar to Ervin's bill
except that it does not exclude the FBI).
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(more)
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4. Appeals: The Ervin bill establishes a part-time Board of Employee
Rig t~tt`~ . An aggrieved employee may take any or all (simultaneous-
ly) of the following actions:
a. Going through normal grievance channels;
b. Appealing directly to the Board;
c. Going directly to court.
Thus an employee may go outside an agency before exhausting
administrative remedies.
The Committee Print establishes a full-time Board, but regular-
izes the appeals procedure. An employee must first institute a
regular grievance appeal. If an agency does not act within 60
days, the employee may then go to the Board. He may also go to
the Board within 15 days after an adverse decision.
When an employee's case goes to the Board, a hearing must be
conducted within 30 days and final decision must be rendered
within 30 days after close of hearings. An aggrieved employee
may then appeal to the courts within 30 days after the final
.decision.
The Committee Print also calls for an agency to pay attorney's
fees for employees whose grievances are upheld. The Ervin bill
does not.
Penalties: The Ervin bill allows the Board to issue a reprimand
against an official, or order a 15-day suspension on the first
offense; and suspension for 30 days or removal for the second
offense. Military officers would be subject to court martial.
The Committee Print has the same provision for the first offense.
For the second and subsequent offenses, it authorizes suspension
for from 15 to 60 days or removal. Military officers would be
subject to court martial.
September 9, 1971
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Ivfr. Warner -I brought attached up
at 12:25 p. m. They had just received. It is an
Ervin-type bill and will be marked up tomorrow.
Maury is due to see Henderson 3 p. m. today.
said first review is that it relieves
us from most of the troublesome substantive
provisions. However, the mere fact that we
are subject to some of the other provisions which
do not cause us any trouble, technically makes us
subject to the Board of Appeals, etc.
would like your comments. J. 9/13
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Sectional Analysis of Committee Print
on invasion of privacy
Section 1 (a) Adds the following subchapter III to chapter 71, 5 USC:
"Sect. 7171 - Statement of Policy
"Sect. 7172 - Definition of "official"
"Sect. 7173 - Employee Rights
"(a) No official may:
"(1)JRequire or request an employee or applicant to
CIA,
NSA,
FBI and
agencies
involved in
national
security
exempted by
subsect. (b)
" (2)
CIA,
NSA,
FBI and
other agencies
dealing with
national secu-
rity exempted
by subsec. (b)
disclose race, religion, or national origin of
himself or his family.
"(A) Allows inquiry concerning citizenship.
"(B) Allows inquiry as to national origin if
national security, law enforcement, or work
outside U.S. is involved.
"(C) Allows inquiry as to race, religion, or
national origin if a discrimination com-
plaint is involved.
Prohibits requiring attendance at any meeting
unless;
"(A) It is in connection with official duties.
"(B) It is in connection with training for
official duties.
Prohibits requiring:
"(A) Participation in any activity unless
relating to official duties or training.
"(B)
Reports on any outside activities unless:
"(i) there is reason to believe that the
activity adversely affects perform-
ance of official duties.
"(ii) it is in connection with tax investi-
gations, financial conflict of inter-
ests, or expenditure of government
funds.
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"(9) Prohibits adverse actions against employees
because of:
"(A) Refusal to violate the Title;
"(B) Exercising rights of judicial review
under Sect. 7175.
"(b) Exempts CIA, NSA, FBI and any other agency or part of an
agency designated by the President because of national
security from paragraphs "(1), (3B), (4), and (7) of sub-
section (a) of Sect. 7173.
"(c) (1) Provides that a formal grievance concerning violation
of "(a)" may be filed within 15 days after violation.
"(2) Provides that an individual may file a complaint with
Board on Employee Rights if the agency decision is
adverse or if more than 60 days have elapsed without
decision since filing the agency appeal. The com-
plaint must be filed within 15 days after the adverse
decision or after the expiration of the 60-day period.
"Sect. 7174 Board on Employee Rights
"(a) Establishes a three-man board appointed by the President with
advice and consent of the Senate. Only two may be of one
political party and none may be Government employees. The
President will designate the Chairman.
"(b) Establishes 6-year terms.
"(c) Quorum provisions.
"(d) Authority to appoint employees and make expenditures.
"(e) Gives power to establish rules and regulations, solicit
depositions, determine nature and extent of necessary evi-
dence, pay attorneys, pursuant to Section 7176 (c) of this
Title, and issue subpoenas.
" (f) (1) Provision for receipt of complaints.
"(2) Allows dismissal of complaint within 10 days if Board
determines it is unjustified.
"(3) If complaint is not dismissed, requires Board to:
"(A) Conduct a hearing within 30 days of receipt of
complaint, and
"(B) furnish sufficient notice of the hearing.
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If a hearing is conducted --
(i) The agency must reply and participate;
(ii) The official against whom a complaint
is filed may file an individual answer
and participate in the hearing.
"(4) Final decision must be rendered within 30 days
after the conclusion of the hearing.
"(g) Gives employee organizations the right to participate in
hearings with the consent of the aggrieved person.
"(h) Makes Board subject to the administrative procedures
provisions of Title 5.
Determination of the Board constitutes a final decision
for the purposes of judicial review.
"(j) If the Board determines that a civilian official not
appointed by the President and confirmed by the Senate,
has violated this Title, it --
"(1) shall order cessation of the unlawful act;
"(2) shall first attempt to eliminate the act through
informed means;
"(3) may
"(A) (i) issue an official reprimand or suspend
the official, upon first offense, for
15 days.
(ii) for subsequent offenses, suspend an
official for 15 to 60 days or order
his dismissal.
"(B) In the case of a Presidential appointee
confirmed by the Senate, transmit a report
to the President and Congress.
Action under 3(A) may not become effective until final
court disposition of an appeal, if any.
"(k) In the case of violations by military officer the Board
shall:
"(1) Submit a report to the appropriate Secretary;
"(2) Attempt to informally eliminate the unlawful act;
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"(3) Refer its final determination to the appropriate
Secretary who shall institute proceedings against
the officer.
Except that no steps will be taken by the Secretary until
final disposition of a court appeal, if any.
"(1) (1) Provisions for an annual report to Congress by the Board.
"(2) Provisions for an annual report to Congress of actions by
the Secretary of each military department pursuant to the
Title.
"Sect. 7175 Judicial Review
"(a) Within 30 days after the determination or order of the Board,
an aggrieved employee may, in an appropriate district court,
"(1) Petition for a review of the determination or order
"(2) file for a trial de novo on the complaint.
The concerned executive agency and the Board shall be defendents.
An accused official, or an official aggrieved by the Board's action
may participate as an individual.
"(b) If no complaint against the Board's action has been filed
within the thirty-day period above, an aggrieved official has
an additional 30 days to file a petition in the appropriate
District court to review the Board's action.
"(c) A petition filed under (a) or (b) will name both the appro-
priate Executive agency and the Board as defendents and both
shall file an answer.
"(d) When a petition is served, the Board shall provide the court
with pertinent information. The rest of the section outlines
the jurisdiction of the court when a petition is filed.
"(e) and (f) Outline the procedures and jurisdiction for trial de
novo.
"(a) Protects individuals participating in any proceedings under
the subchapter from intimidation, etc.
"(b) Any employee or official called on to participate in any
proceedings will do so without losing any benefits, etc.
Time spent during regularly scheduled tours of duty will be
considered official business. Travel incurred will be con-
sidered travel on official business.
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"(c) An attorney for a party of which the Board or court has
ruled in favor may receive remuneration for his services.
The Board may determine the remuneration, and the appropriate
Executive agency shall pay the amount in accordance with the
provisions included in paragraphs (1) - (3)."
(b) Conforming amendment.
(c) Places Board members in Executive Level V.
Section 2 Effective date will be within 180 days after date of enact-
ment as the Board shall prescribe.
September 9,1971
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[COMMITTEE PRINT]
MAY 26, 1971
92D CONGRESS
1ST SESSION
. R.
IN TILE IIOUSE OF REPRESENTATIVES
JUNE '1971
Mr. ------------ introduced the following bill ; which was referred to the Com-
tnittee on ------------------------
A BILL
To amend title 5, United States Cio~de, to protect civilian
omployces of the executive Branch of the United States
Government in the enjoyment of their constitutional rights,
to prevent unwarranted govermm-ental inva:sions of their pri-
vacy, and for other purposes.
1 Be it enacted by the Senate and house of Representa-
2 fives of the United States of America in Congress assembled,
3 That (a) chapter 71 of title 5, United States Code, is
4 amended by adding at the end thereof the following new
5 subchapter III:
6 "Subchapter III-Employee Rights
7 17171. Policy
8 "It is the policy of the United States, as an employer,
J. 62-143 -1
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2
to assure that those officials of executive agencies charged
with adznini-strative or supervisory re-ponsibility recognize
and protect the personal and indiviAu d rightss, entitlements,
and benefits of employees of, and aj)plt ants for employment
in, executive agencies.
7172. Definition
"For the purpose of this subchiqpter, `official of an
executive agency' means-
(1) an officer of an executive zigency;
" (2) an officer of any of the uniformed services;
and
" (3) an individual acting or purporting to act
13 under the authority of an officer referred to in para,-
14 graph (1) or (2) of this section.
15 "? 7173. Employee rights
16 " (a) An official of an executive agency may not-
17 " (1) require or request, or attempt to require
18 or request, an employee of an executive agency or an
19 applicant for employment in an executive agency to
20 disclose his race, religion, or national origin, or the race,
21 religion, or national origin of any of his forebears. This
22 paragraph does not prohibit inquiry concerning-
23 " (A) the citizenship of an employee or appli-
24 cant;
25 " (B) the national origin of an employee or
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1 applicant when that inquiry is considered necessary
2 or advisable to determine suitability for assign-
3 ment to activities or undertakings related to the
4 national security of the United States or to law
5 enforcement or to activities or undertakings of any
6 nature outside the United States; or
7 " (C) the race, religion, or national origin of
8 an employee or applicant when that matter is in
9 issue in an allegation or complaint of discrimination;
1.0 " (2) coerce, require, or request, or attempt to
11 coerce, require, or request, an employee,of an Executive
12 agency to attend or participate in a formal or informal
13 meeting, assemblage, or other group activity held to
14 present, advocate, develop, explain, or otherwise cover
20
22
in any way, by lecture, discussion, discourse, instruction,
visual presentation, or otherwise, any matter or subject
other than-
" (A) the performance of official duties to
which that employee is or may be assigned in the
Executive agency; or
" (B) the development of skills, knowledge, or
abilities, that qualify him for the performance of
those official -duties;
24 " (3) coerce, require, or request, or attempt to
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1 coerce, require, or request, an ems!oyee of an Executive
2 agency to-
~ - I ruu vivar C?'UU 111 a=tty 'V n y 111 all i1utI V1L y or
undertaking unless it is related to the performance
of official duties to which the employee is or may
be assigned in the Executive aigency or related to
the development of skills, luiowledge, or abilities
that qualify him for the perfonriiance of those official
duties ; or
10
" (B) make any report codicerning any activity
11
or undertaking of the employ(, e not involving lli,,s
12
official duties, except-
13
" (i) when there is reason to believe that
14
the activity or undertakii g conflicts with, or
15
adversely affects the performance of, his official
16
duties; or
17
" (ii) as authorized to the contrary under
18
paragraph (7) of this sub.9t,etion.
19,
This paragraph does not prohibit be use of appropriate
20
publicity to inform employees of rc quests for assistance
21
fror public,service programs or orgniza,tions ;
22
".(4) require or request, or attempt . to require or
23
request, an employee of an Executive agency or an ap-
24
plicant for employment in an Exeeu.t Ive agency to submit
25
to an interrogation or exannination or to take a polygraph
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1 or psyc'hologioal test designed to elicit from the employee
2 or applicant information concerning his personal relation-
3 ship with any individual related to him by blood or mar-
4 riage, his religious beliefs or practices, or his attitude or
5 conduct with respect to sexual matters. This paragraph
6 does not prohibit-
7 " (A) a physician from eliciting this informa-
8 tion or authorizing these tests in the diagnosis or
9 treatment of an employee or applicant in individual
10 cases and not pursuant to, general practice or regu-
11 laition governing the examination of employees or
12 applicants, when the physician considers the infor-
1.3 mation necessary to enable him to determine
14 whether or not the employee or applicant is suffer-
15 ing from mental illness;
16 " (B) an official of an Executive agency from
17 advising an employee or applicant of a specific
18 charge of sexual misconduct made against the em-
19 ployee or applicant and giving him a full oppor-
tunity to refute the charge; or
" (C) an official of an Executive agency from
eliciting, from an employee or applicant, in individ-
ual cases and not pursuant to general practice or
regulation, information concerning the personal re-
lationship of the employee or applicant with any
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1 individual related to hire by bi,aod or marriage, when
2 that official considers the inf )rrnatiou necessary in
3 the interest of national securl
4 " (5) coerce, require, or reel guest, or attempt to
5 coerce, require, or request an employee of an Executive
6 agency to-
7 " (A) support, by persoli; it endeavor or contri-
8 bution of money or any oth4i thing of vidue, the
9 candidacy or caaididacies for 1Poininlation wr? election
14
19
24
of an individual or group of individuals to public
office in the Government of t) e United States or of
a State, district, Commonwe, ith, territory, or pos-
session of the United States;
" (B) attend a meeting hcid to promote or sup-
port the activities, undertakin;Is, programs, or plat-
forms of a, political party of the United States or of
a State, district, Comrrlonwealtlr, territory, or pos-
session of the United States;
" (6) coerce, require, or request, or attempt to
coerce, require, or request, an employee of an Execu-
tive agency to invest his earnings i3 bonds or oilier obli-
gations or securities issued by the United States or by
an Executive agency, or to make donations to any inati-
tuition or cause of any kind. This paragraph does no
2`' prohibit an official of an Executive agency from calling
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1 meetings and taking any action appropriate to inform
2 an employee of the opportunity-
3 "(A) voluntarily to invest his earnings in
4 bonds or other obligations or securities issued by
5 the United States or by an Executive -agency; or
6 " (B) voluntarily to make donations to any in-
7 stitution or cause;
8 "(7) require or request,, or attempt to require or
9 request, an employee of an Executive agency (other
10 than a Presidential appointee) to disclose his. property or
11 the property of any member of his family ,or household.
12 This paragraph does not prohibit-
13 (A) the Department of the Treasury or any
14 other Executive agency from requiring an employee
15 to make such reports as may be necessary or appro-
.16 priate for the determination of his liability for taxes,
17 tariffs, customs duties, or other similar obligations to
18 the United States; or
19 " (B) an official of an Executive agency from.
20 requiring an employee who participates (other than
21 in a clerical capacity) in any determination with re
22 ,spcct to-
23 " (i) a Government contract or grant;
24 " (ii) the regulation of non-Federal enter-
25 prise;
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4
(Hi) the tax or otht.~z: li-bilit y of any P'-
2 son to the United States; o-
3 " (iv) a claim that re~aiuires expenditure of
4 money of the United State w. ;
5 from diselosing ,pecific itollt of the properly of
6 that employee, or sf-eeific of the profiertl of
any nternber of his family l i 1-ouserItold, wl-ielt
may tend to i11(lleaate a, clulfllt- of iuitcrest with re-
spect to th' l-erfrorl-laatce of ate of the official dutic:s
to wwrhieh the employee is or nizty be assigned.
As used in this paragraph, `prol?ert.y' includes items
of prop-erty, income, and other au~cts, and the source
thereof, liabilities and porsonal ai-4 dome;,tic expendli-
tures;
'' (
) prohibit or restrict, or ;-ttempt to pvolii4ikt
or restrict, the exercise by an onpbjYce of ,gin 11"Xecittiye
agency of the right of reasonable ~ont1nturicK~,t1011 ti ith
any official of his agency; or
(9) remove, suspend or furloi gl7 front duty with-
out pay, demote, reduce in rank, Seniority, status, pay,
or performance or efficiency rating, deny promotion to,
relocate, reassign, discipline, or discriminate in regard
to any employment right, entitlement, or benefit or any
term or condition of employment of, all employee of an
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.1 Executive agency, or threaten to commit any of those
2 acts, by reason of-
3 " (A) the refusal or failure of the employee
4 to submit to or comply with any requirement, re-
5 quest, or action prohibited. by this subsection; or
6 " (B) the exercise by the employee of any
7 right, entitlement, benefit, or other protection
8 granted or secured by this section and section 7175
9 of this title.
10 "(b) Paragraphs (1), (3) (B), (4), and (7) of
11 subsection (a) of this section do not apply to-
12 " (1) the Central Intelligence Agency;
13 " (2) the National Security Agency;
14 " (3) the Federal Bureau of Investigation; or
15 " (4) any other Executive agency, or part thereof,
16 as the President may designate in the interest of national
17 security.
18 " (c) (1) An employee of, or an applicant for employ-
19 ment in, an Executive agency who claims to be aggrieved by
20 a violation or threatened violation of subsection (a) of this
21 section is entitled to file a grievance with the agency con-
22 cerned not later than 15 days after the date of the violation
23 or threatened violation.
24 "(2) If-
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1 "(A) the decision on the grievance by the agency
2 is adverse to the employee or applicant ; or
3 " (B) after 60 days from the elate the grievance is
4 filed, the agency has not issued a decision on the griev-
5 once ;
6 the employee or applicant is entitled to file a complaint with
7 the Board on Employee Rights not latcr than 15 days after
8 the adverse decision or the expiration of the 60-dar period,
9 as the case may be.
10 17174. Board on Employee Rights
11 " (a) There is hereby establi.,hed a Board,oln Employee
12 Rights composed of thaiee mnembers appo,iuted by the Presi-
13 dent, by and with the advice and consent of the Senate,
14 not more than two of whom may be arUierents of the same
15 political party and none of whom, mn%y hold another office
16 or position in the Government of the United States. The
17 President shall from time to time designate one of the mein-
18 hers as chairman.
19 " (b) The term, of oflice of each iio nber of the Board
20 is 6 years. The term of each member ends on March 1 of an
21 odd-numbered year. A inember appoin cd to fill .a vacancy
22 occurring before the end of the term of office of ;s; prede-
oessor serve;, for the remnainder of t4-' torn-i. When the
term of office of a member ends, he continue to serve
until his successor is appointed and has,arualified. The Prersi-
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dent may remove a .member -only for inefficiency, neglect of
2' duty, or malfeasance in office.
" (c) Two. members of the Board constitute: a quorum
for the transaction of business. (d) The Board may appoint and fix the pay of such
officers, attorneys, and employees, and make such expendi-
tures, as may be necessary to carry out its functions.
" (e) The Board shall prescribe rules and regulations
19
22
necessary and proper to carry out its functions under this
subchapter. To the extent consistent with efficient and eco-
nomical administration and 'the attainment and achievement
of justice in the consideration aa.nd disposition of matters before
the Board, the rules and regulations shall provide for the
use of depositions of witnesses. The Board may determine the
nature and extent of proof and evidence required toestablish
it violation or threatened violation of section 7173 (a) of
this title. The rules and regulations shall also prescribe the
maximum attorney's remuneration which may be awarded
under section 7176 (c) of this title for services performed in
connection with any matter before the Board, or the court, or
both, under this: subchapter. The Board may require, by
subpena or otherwise, the attendance and testimony of wit
nessos, and the production of such books, records, c!or-
respondence, memoranda, papers, and documents, as it con-
25: sidors necessary.
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1 " (f) (1) The Board shall receive and investigate written
2 complaints, filed under section 7173 (c of this title, from
3 or on behalf of an employee or applicant claiming to be
4 aggrieved by a violation or threatened violation of section
5 7173 (a) of this title. On receipt of si h a complaint, the
6 Board forthwith shall transmit a, copy thereof to the head
7 of the Executive agency concerned.
8 " (2) If the Board determines,Vithin 10 days after
9 its receipt of the complaint, that the ` facts alleged in the
10 complaint do not constitute a violation or threatened viola-
11 tion of section 7173 (a.) of this title with respect to the
12 employee or applicant, it may dismiss the complaint without
13 a hearing. If the Board dismisses the complaint, it shall
14 notify all interested parties of the dismissal.
15 " (3) If the Board does not di.-,miss the complaint
16 within 10 days after its receipt thcreof, it shall-
17 " (A) conduct a. hearing on the coniplaint witlh-
18 in 30 days after its receipt of thto complaint; and
19 " (B) furnish notice of ti..! e time, place, and
20 nature of the hearing thereon to dl interested parties.
21 If a hearing on the complaint is to `he conducted-
22 " (i) the Executive agency concerned shall file
23 an answer to the complaint a i d participate as a.
24 party in the hearing; and
25 " (ii) any official of that agency, who is alleged,
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1 in the complaint or during the course of the hearing,
2 to have committed a, violation or threatened viola-
3 tion of section 7173 (a) of this title, is entitled, in
4 his individual capacity, to file an answer to the
5 allegation and participate as a party in the hearing.
6 " (4) The Board shall render its final decision with
7 respect to any complaint within 30 days after the con-
8 elusion of its hearing thereon.
9 " (g) With the written consent of the employee or ap-
10 pliant concerned, filed with the Board, an officer or repre-
11 sentative of not more than one Federal employee organza-
12 tion recognized by any Executive agency shall be given an
13 opportunity to participate in each hearing conducted under
14 this section, through submission of written data, views, or
15 arguments, and, in the discretion of the Board, with oppor-
16 tunity for oral ;presentation.
17 " (h.) Insofar as consistent with the purposes of this ,sec-
18. tion, the. provisions of subchapter II of chapter 5 of this
19 title apply to the rulemaking, hearing, and adjudication
20 functions, of the Board under this section-.
21 " (i) If, after hearing, the Board determines that a vio-
22 lation of. section 7173. (a) of this title. has not occurred or is
23 not threatened, the Board shall state its determination and
24 notify all interested parties of the determination. Each such
25 deterrxrination, including a dismissal by the Board of the
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complaint without a hearing, constitutt~ti a final decision of
the Board for purposes of judicial review-.
" (j) If, after hearing, the Board determines that a vio-
lation of section 7173 (a) of this title has been committed
or threatened by an official of an Executive agency not sub-
ject to chapter 47 of title 10, the Board
" (1) shall immediately issue and cause to be served
on the official an order requiring him to cease and desist
from the unlawful act or practice which constitutes a
violation;
"i(2) shall immediately endeavor to eliminate any
such unlawful act or practice by i informal methods of
conference, conciliation, and persuasion; and
" (3)
title-
may, without regard to chapter 75 of this
16 " (A) (i) in the case of the first offense by
17 such an official, other than aaiy offiiczgl appointed
18 by the President, by and with t he advice and con-
19 sent of the Senate, issue an official reprimand against
20 the official or order the suspen ion without pay of
21 the official from the position or office held by him
22 for a period of not to exceed 15 clays; and
23 n in the case of a second or subsequent
24 offense by such official, order the suspension with-
25 out pay of the official from tea a position or office
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1 held by him for a period of not less than 15 nor
2 more than 600 days or, when the Board considers
3 such second or subsequent offense to be sufficiently
4 serious to warrant such action, order the removal
5 of the official from the position or office; and
6 " (B) in the case of any offense by such an
7 official appointed by the President, by and with
8 the advice and consent of the Senate, transmit a
0 report concerning the violation to the President and
10 the Congress.
11 A reprimand or order under subparagraph (3) (A) of this
12 subsection shall not become. effective until the expiration of
13 the period within which the official aggrieved by the repri-
14 wand or order may file a petition for review or complaint
15 for trial do novo or, if such a petition or complaint is filed;
16 until the court makes a final disposition of the case.
17 " (k) If, after hearing, the Board determines that a
18 violation of section 7173 (a) of this title has been com=
19 mitted or threatened by an official of an Executive agency
20 subject to chapter 47 of title 10, the Board shall-
21 " (1) submit a report thereon to the Secretary of
22 the military department concerned;
23 " (2) endeavor to eliminate any unlawful act or
24 practice which constitutes such a violation by informal
25 methods of conference, oone iation, and persuasion; and
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1 " (3) refer its detcrniination and the record in the
2 case to the Secretary concerned as defined in section
3 101 of title 10, who shall take inriediate steps to dis-
4 pose of the matter under chapter; t7 of, title, 10.
5 However, the immediate steps referred to in paragraph (8)
6 of this subsection shall not be taken ,l,y the Secretary con-
7 cerned until the expiration of the period within which the
8 official aggrieved by the reference to the Secretary by the
9 Board under that paragraph may file a petition for review or
10 complaint for trial de novo or, if such petition or complaint
11 is filed; until the court makes a final disposition of the case.
12 " (l) (1) The Board shall submit, not later than March
13 31 of each year, to the President for transmittal to the Con-
14 gress a report on its activities under tl~is ;subchapter during
15 the immediately preceding calendar yeas, including-
16 " (A) the types and kinds of F?omplaints filed with
17 the Board;
18 " (B) the determinations, ordirs, and actions of the
19 Board with respect to those complf6nts;
20 " (C) the name of each official of an Executive
21 agency with respect to whom any action was taken or
22 penalty imposed under subsection (j) of this section;
23 " (D) the nature of that action or penalty; and
24 " (E) such other matters as the Board considers
25 relevant and appropriate to provide full and complete
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1 information with respect to the operation and adniinistra-
2 tion of this subchapter.
3 " (2) The Secretary of each military department shall
4 submit, not later than March 31 of each year, to the Presi-
5 dent for transmittal to the Congress, a report on his activities
6 under this subchapter during the immediately preceding
7 calendar year, including-
8 " (A) the disposition, under chapter 47 of title 10,
9 of matters referred to the Secretary under paragraph
10 (3) of subsection (k) of this section;
11 " (B) the name of each official of an Executive
12 agency with respect to whom any action was taken
13 or penalty imposed under such chapter;
14 " (C) the nature of that action or penalty; and
15 " (D) such other matters as the Secretary con-
16 ciders relevant and appropriate to provide full and com-
7 plete information with respect to his activities under
is this subchapter.
19 "? 7175. Judicial review
E"".+
20 " In ) An ecru I" ~ f l t
ee
a
or a
p g
pp
~
,
or emp oymen. , ag-
grieved by a final determination or order of the Bo-a7 d on
Employee Rights may file, within 30 days after the date
of that determination or order, in the district 'court of the
United States for the judicial district in which the alleged
violation or threatened violation of section 7173 (a) of this
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1 title occurred or in which his official ditty station was located
2 at the time of the alleged violation or threatened violation-
3 " (1) a petition for a review of the determination or
4 order; or
5 " (2) a complaint for a trial de novo on the viola,
6 tion or threatened violation of sei-tion 71.73 (a) of this
7 title, which was the subject of the determination or order
8 of the Board.
9 The petition or complaint shall nam6