H. R. 1125

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100060005-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 16, 2016
• Document Release Date: February 1, 2005
• Sequence Number: 5
• Publication Date: January 3, 1978
• Content Type: REGULATION

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2E6 r_/ 1.1F
93D CONGRESS
1ST SESSION
. R. 1125
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3,1973
Mr. ROYBAL introduced the following bill ; which was referred to the Com-
mittee on Post Office and Civil Service
A BILL
To protect the civilian employees of the executive branch of the
United States Government in the enjoyment of their con-
stitutional rights and to prevent unwarranted governmental
invasions of their privacy.
1 Be it enacted by the Senate and House of Represent'a-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. It shall be unlawful for any officer of any
4 executive department or any executive agency of the United
5 States Government, or for any person acting or purporting
6 to act under his aut'hority, to do any of the following things :
7 (a) To require or request, or to attempt to require or
8 request, any civilian employee of the United States serving
9 in the department or agency, or any person seeking employ-
1-0
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1 m ent in the executive branch of the United States Govern-
2 ment, to disclose his race, religion, or national origin, or
3 the race, religion, or national origin of any of his , fore-
4 bears : Provided, however, That nothing contained in this
5 subsection shall be construed to prohibit inquiry concerning
6 the citizenship of any such employee or person if his citizen-
7 ship is a statutory condition of his obtaining or retaining his
8 employment : Provided further, That nothing contained in
9 this subsection shall be construed to prohibit inquiry concern-
10 ing the national origin or citizenship of any such employee or
11 person or of his forebears, when such inquiry is deemed
12 necessary or advisable to determine suitability for assignment
13 to activities or undertakings related to the national security
14 within the United States or tc activities or undertakings, of
any nature outside the United Sta.t'=s.
16 (b) To state or intimate, or to attempt to state or inti-
17 .mate, to any civilian-employee of. the United States serving
8.. in the department or agency.: that az y notice will,. be taken of
191- his attendance or lack of attendance at any assemblage, dis-
20 cussion,. or lecture held or called by any. officer of the execu-
21 :tive bra oh of the?United- State,., Government, or by any per-
22 sgn acting, or purporting to act under, his authority, or by any
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24
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outside ; paxties. - or. organizationf,. to advise, . instruct, or in-
doctrinate any civilian employee of.the united States serving
in the department or agency in respect to any matter or
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1 subject other than the performance of official duties to which
2 he is or may be assigned in the department or agency, or
3 the development of skills, knowledge, or abilities which
4 qualify him for the performance of such duties:. Provided,
5 however, That nothing contained in this subsection shall be
6 construed to prohibit taking. notice of the participation of a
7 civilian employee in the activities 'of any professional group
or association..
(c) To acquire or request, or to attempt to require or
request, any civilian employee of the United States serving
in the department or agency to participate in any way in
12 'any activities or undertakings unless such activities or under-
1J takings are related to the performance of off'icial' duties to
14 which he. is or' may be assigned in the department or agency,
15 or to the development of skills, knowledge, or abilities which
16 qualify him for the performance of such duties.
17 (d) To require or request, or to attempt to require
18 or request, any civilian employee of the. United 'States serv-
19 ing in the department or agency to make any report eon-
20 cerning any of his activities or misundertakings unless such
21 activities or undertakings are related to the performance of
22 official duties to which he is or may be assigned in the.
23 department or agency, or to the development of skills, knowl-
24 edge, or abilities which qualify him for the performance of
25. such duties, or unless there is reason to believe that the
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1 civilian employee is engaged in outside activities or employ-
2 ment in conflict with his offilcial ddutig s.
3 (e) To require or request, or to attempt to require or
4 request, any civilian employee of the United States serving
5 in the department or agency, 'or any person applying for
6 employment as a civilian employee in the executive branch
7 of the United States Government, to -submit to any interroga-
8 tion or examination or to take any psychological test which
9 is designed to elicit from him information concerning his
10 personal relationship with any perrn connected with him
11 by blood or marriage, or concerning his religious belief or
12 practices, or concerning his attitude or conduct with respect
13 to sexual matters : Provided, however, That nothing con-
14 tainted in this subsection shall be construed to prevent
15, a physician from eliciting such information or authorizing
16 such tests in the diagnosis or treatment of any civilian
17 employee or applicant where such physician deems such
18 information necessary to enable him t,,o determine whether
19 or not such individual is suffering from mental illness : Pro-
20 vided further, however, That this determination shall he made
21 in individual oases and not pursuant to general practice or
22 regulation governing the examination of employees or appli-
23 cants according to grade, agency, or duties: Provided further,
24 however, That nothing contained in this subsection shall. be
25 construed to prohibit an officer of the department or agency
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1 from. advising any civilian employee or applicant of a specific
2 charge of sexual misconduct made against that person, and
3 affording him an opportunity to refute the charge.
4 (f) To require or request, or attempt to require or
5 request, any civilian employee of the United States serving
6 in the department or agency, or any person applying for
7 employment as a civilian employee in the executive branch
8 of the United States Government, to take. any polygraph
9 test designed to elicit from him information concerning his
10 personal relationship with any person connected with him
11 by blood or marriage, or concerning his religious beliefs or
12 practices, or concerning his attitude or conduct with respect
13 to sexual matters.
14 (g) To require or request, or to attempt to require
15 or request, any civilian employee of the United States serving
16 in the department or agency to support by personal endeavor
17 or contribution of money or any other thing of value the
18 nomination or the election ,of any person or group of persons
19 to public office in the Government. of the United States or of
20 any State, district, Commonwealth, territory, or possession
21 of the United States, or to attend any meeting held to pro-
22 mote or support the activities or undertakings of any political
23 party of the United States or of any State, district, Common-.
24 wealth, territory, or possession of the United States.
25 (h) To coerce or attempt to coerce 'any civilian
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1 employee of the United States ser .ping in the department or
2 agency to invest his earnings in bands or other obligations
3 or securities issued by the United Stites or any of its depart-
4 menus or agencies, or to make. donations to any institution
5 or cause of any kind: Provided, however, That nothing con-
6 tamed in this subsection shall be construed to prohibit any
7 officer of any executive department or any executive agency
8 of the United States Government, or any person acting or
9 purporting to act ender his authority, from calling meetings
.10 and taking any action appropriti to to afford any civilian em-
11 ployee of the United States the opportunity voluntarily to
12 invest his earl ings in bonds or other obligations or securities
13 issued by the United States or any of its departments or
'14 agencies; or voluntarily to make donations to any institution
15 or cause.
16 (i) To require or request; or to attempt to require
17 or request, any civilian employee of the United States
18 serving in the department or agency to disclose any items
19 of his property, income, or other assets, source of income,
20 or liabilities,, or his personal or domestic expenditures or
21 those of any member of his family or household : Provided,
22. however, That this subsection shall not apply to any civilian
23 employee who has authority to mr.ke arty final detemiination
24 with respect to the tax or other liability' of any person, cor-
pbrattion, or other legal entity i,o the United States, or
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1 claims which require expenditure of, moneys of the United
States : Provided further, however, That nothing contained
3 ' in this subsection shall prohibit the Department of the
Treasury or any other executive department or agency of
5 the United States Government from. requiring any civilian
employee of the United States to make such reports .as may
be necessary or appropriate for the determination - of his
8 liability for taxes, tariffs, custom duties, or other dbliga-
9 Lions imposed by law.
10 (j) To require or request, or to atteanTit to require
11 or request, any civilian employee of the United States
12 embraced within the terms of the proviso in subsection
13 (i) to disclose any items of his property, income, or
14 other assets, source of income, or liabilities, or his personal
15 or domestic expenditures or those of any member. of his
16 family or household other than specific items tending to
17 indicate a conflict of interest in respect to the perform-
18 ance of any of the official duties to which he is or m'ay be
19 atssigned.
20 (k) To require or request, or to attempt to require or
21 request, any civilian employee of the United` States serving
22 in the department or agency, who is under investigation for
23:.: misconduct. to submit to interrogation which:could 1e,d 'te
24.. disciplinary action without - the presence of counsel'or: other
25 person of his choice, if he so requests : Provided, however,
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1 That a civilian employee of the United States serving in the
2 Central Intelligence Agency or the National Security Agency
3 or the Federal Burooau of Investigation may be accompanied
4 only by a person of his choice who serves in the. agency in
5 which the employee serves, or by calunsel who has been
6 approved by the agency for acxess to the information
7 involved.
8 (1) To discharge, discipline, vtlemote, deny promotion
9 to, relocate, reassign, or otherwise discriminate in regard to
10 any term or condition of em,ploym nt of, any civilian ecn-
11 ployee of the United States serving in the department or
12 agency, or to threaten to commit any of such acts, by reason
13 of the refusal or failure of such em ployee to submit to or
14 comply with any requirement, :request, or action made un-
lawful by this Act, or by reason
the exercise by such
16 civilian employee of any right grariJed or secured by this
17 Act.
18 SEC. 2. It shall be unlawful for any officer of the United
19 States Civil Service Commission, or for any person acting
20 or purporting to act tinder his authority, to do any of the
21 following things :
22 (a) To require or request, or to attempt to require or
23 request, any executive department or any executive -agency
24 of the United States Government, or any officer or employee
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1 serving in such department or agency, to violate any of the
2 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 em-
ployment in the executive branch of the United States Gov-
ernment, or any civilian employee of the United States
serving in any department or agency of the United States
10 Government, to submit to any interrogation or examination
11 or to take any psychological test which is designed to elicit
12 from him information concerning his personal relationship
13 with any person connected with him by blood or marriage,
11 or concerning his religious beliefs or practices, or concerning
18
19
his attitude or conduct with respect to sexual matters : Pro-
vided, however, That nothing contained in this subsection
shall be construed to prevent a physician from eliciting such
information or authorizing such tests in the diagnosis or
treatment of any civilian employee or applicant where such
20 physician deems such information necessary to enable him
21 to determine whether or not such individual is suffering
22 from mental illness : Provided further, however, That this
23 determination shall be made in individual cases and not pur-
24 scant to general practice or regulation governing the exami-
H.R. 1125 2
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I nation of employees or applicants according to grade, agency,
2 or duties : Provided further, however, That nothing contained
3 in this subsection shall be construed t, prohibit an officer of
4 the Civil Service Commission from ;advising any civilian
5 employee or applicant of a specific charge of sexual miscon-
6 duct made against that person, and affording him an oppor-
7 ttmity to refute the charge.
8 (c) To require or request, or to attempt to require
9 or request, any person seeking to establish civil service
10 status or eligibility for employment in the executive branch
11 of the United States Government, or any person applying
12 for employment in the executive branch of the United States
14
Government, or any civilian employee of the United States
serving in any department or agency of the United States
Government, to take any polygraph test designed to elicit
from him information concerning his personal relationship
with any person connected with him b Y blood or marriage,
or concerning his religious beliefs or practices, or concerning
his attitude or conduct with respect to sexual matters.
SEC. 3. It shall be unlawful for any commissioned 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
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1 or subject to his supervision to perform any of the acts or
2 submit to any of the requirements made unlawful by section
3 1 of this Act.
4 SF.c. 4. Whenever any officer of any executive depart-
5 ment or any executive agency of the United States Gov-
ernment, or any person acting or purporting to act under his
authority, or any commissioned 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 author-
ity, violates or threatens to violate any of the provisions of
11 section 1, 2, or 3 of this Act, any civilian employee of the
12 United States serving in any department or agency of the
13 United State's Governrnent, or any person applying for
14 employment in the executive branch of the United 'States
15 Government, or any person seeking to establishcivil service
16 status or eligibility for employment in the executive branch
17 of the United States Government, affected or aggrieved by
18 the violation or threatened violation, may bring a civil action
19- in his on behalf or in behalf of himself ancl others
20 similarly situated, against the offending officer or person in
21 the United States district court for the district ' in' which the
22 violation occurs or is -threatened, or the district in which the
23 offending officer or person is found, or in the United States
24 District Court for the. -District of Columbia, to prevent
25 the threatened violation or to obtain redress against the
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1 consequences of the violation. The Attorney General shall
2 defend all officers or persons sued under this section
3 who acted pursuant to an order, regrulation, or directive,
12
13
14
15
19
21
23
or who, in his opinion, did not willfully violate. the
provisions of this Act. Such United States district court
shall have jurisdiction to try and determine such civil action
irrespective of the actuality or amour t of pecuniary injury
done or threatened, and without regard to whether the
aggrieved party shall have exhausted any administrative
remedies that may be provided by low, and to issue such
'restraining order, interlocutory '.njuneti'on, permanent in-
junction, or mandatory injunction, or enter such other judg-
ment or decree as may be necessary or appropriate to prevent
the threatened violation, or to afford the plaintiff and others
similarly situated complete relief agains=t the consequences of
the violation. With the written consent of any person
affected or aggrieved by a violation 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 organizations shall he construed to include any
brotherhood, council, federation, organization, union, or pro-
fessional association made up in. whole or in part of civilian
24 employees of the United States and which has as one of its
25 purposes dealing with departments, agencies, commissions,
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1 and independent agencies of the United States concerning
2 the condition and terms of employment of such employees.
3 SEC. 5. (a) There is hereby established a Board on
4 Employees' Rights (herein fter referred to as the "Board") .
5 The Board shall be composed of three members, appointed
6 by the President, by and with the advice and consent of the
7 Senate. The President -shall designate one member as chair-
8 man. No more than two members of the Board may be of
9 the same political party. No member of the Board shall be
10 an officer or employee of the United States Government.
11 (b) The term of office of each member of the Board
12 shall be five years, except that (1) of those members first
13 appointed, one,shall serve for five years, one for three years,
14 and one for one year, respectively, from the date of enact-
15 ment of this Act, and (2) any member appointed to fill
16 a vacancy occurring prior to the expiration of the term for
17 which his predecessor ",as appointed shall be appointed for
18 the remainder of such term.
19 (c) Members of the Board shall be compensated at the
20 rate of $75 a day for each day spent in the work of the
21 Board, and shall he paid actual travel expens,esl and per
22 diem in lieu of -subsistence expenses when away from their
23 usual places of residence, as authorized by section 5703 of
title 5, United States Code.
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1 (d) Two members shall con;titut ~ a quorum for the
2 transaction of business.
3 (e) The Board may appoint and fix the compensation
4 of such officers, attorneys, and employees, and make such
5 expenditures, as may be necessary to Ni rry out its functions.
6 (f) The Board shall make such rules and regulations
7 as shall be necessary and proper to carry out its functions.
8 (g) The Board shall have the authority and duty to
9 receive and investigate written complaints from or on be-
10 half of any person claiming to be affei ted or aggrieved by
11 any violation or threatened violation of this Act and to con-
12 duct a hearing on each such complaint. Within ten days
13 after the receipt of any such coanpla'nt, the Board shall
14 furnish notice of the time, place, and nature of the hearing
15 thereon to all interested parties. The Board shall render
16 its final decision with respect to any complaint within thirty
17 days after the conclusion of its hearing thereon.
18 (h) Officers or representatives of any Federal employee
19 organization in any degree concerned with employment of
20 the category in which any alleged violation of this Act
21 occurred or is threatened :shall be given an opportunity to
22 participate in each hearing conducted under this section,
23 through ,submission of written data, v iews, or argtunents,
24 and in the discretion of the Board, with opportunity for oral
25 presentation. Government employees called upon by any
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1 party or by any Federal employee organization to participate
2 in any phase of any administrative or judicial proceeding
3 under this section shall be free to do so without incurring
4 travel cost or suffering loss in leave for pay; and all such em-
5 ployees shall be free from restraint, coercion, interference,
6 intimidation, or reprisal in or because of their participation.
7 Any periods of time spent by Government employees during
8 such participation shall be held and considered to be Federal
9 employment for all purposes.
10 (i) Insofar as consistent with the purposes of this see-
11 tion, the provisions of subchapter II of chapter 5 of title 5,
12 United States Code, relating to the furnishing of notice and
13 manner of conducting agency hearings, shall be applicable
14 to hearings condiioted by the Board under this section.
15 (j) If the Board shall determine after hearing that a
16 violation of this Act has not occurred or is not threatened,
17 the Board shall state its determination and notify all inter-
1s ested parties of such determination. Each such determina-
19 tion shall constitute a final decision of the Board for pur-
20 poses of judicial review.
21 (k) If the Board shall determine that any violation
22
of this Act has been committed or threatened by any civil-
23 ian officer or employee of the United States, the Board shall
24 immediately (1) issue and cause to be served on such of-
25 ficer or employee an order requiring such officer or employee
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1 to cease and desist from the unlawfu act or practice which
2 constitutes a violation, (2) endemvoi to eliminate any such
3 unlawful act or practice by informal methods of conference,
4 conciliation, and persuasion, and (3) :nay-
5 (A) (i) in the case of th 1 first offense by any
6 civilian officer or employee of the United States, other
7. than any officer appointed by the President, by and with
8 the advice and consent of the fyenate, issue an official
9 reprimand against such officer or employee or order the
10 suspension without pay of such officer or employee from
11 the position or office held by him for a period of not to
12 exceed fifteen days, and (ii) iii the case of a second
13 or subsequent offense by any sw4:h officer or employee,
14 order the suspension without parr of such officer or em-
15 ployee from the position or off ce held by him for a
period of not to exceed thirty dawns or order the removal
of such officer or employee from such position or office;
and
(B) in the case of any offti Anse by any officer ap-
pointed by the President, by ar d with the advice and
consent of the Senate, transmit a report concerning such
violation to the President a zd the Congress.
(1) If the Board shall detern,:. ine that any violation
of this Act has been committed or threatened by any officer
of any of the Armed Forces o:-' the United States, or any
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1 person purporting to act under authority conferred by such
2 officer, the Board shall (1) submit a report thereon to the
3 President, the Congress, and the Secretary of the military
4 department concerned, (2) endeavor to eliminate any un-
5 lawful act or practice which constitutes such a violation by
6 informal methods of conference, conciliation, and persuasion,
7 and (3) refer its determination and the record in the case
8 to any person authorized to convene general courts-martial
9 under section 822 (article 22) of title 10, United States
10 Code. Thereupon such person shall take immediate steps
11 to dispose of the matter under chapter 47 of title 10, United
12 States Code (Uniform Code of Military Justice).
13 (m) Any party aggrieved by any final determination
14 or order of the Board may institute, in the district court of
15 the United States for the judicial district wherein the viola-
16 tion or threatened violation of this Act occurred, or in the
17 United States District Court for the District of Columbia,
18. a civil action for the review of such determination or order.
19 In any such action, the court shall have jurisdiction to (1)
20 affirm, modify, or set aside any determination or order made
21 by the Board which is under review, or (2) require the
22 Board to make any determination or order which it is author-
23 ized to make under subsection (k) , but which it has refused
24 to make. The reviewing court shall set aside any finding,
25 conclusion, determination, or order of the Board as to which
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1 complaint is made which is unsupported by substantial evi-
2 dente on the record considered as a whole.
3 (n) The Board shall submit, not later than March 31
4 of each year, to the Senate and House of Representatives,
5 respectively, a report on its activities under this section dur-
6 ing the immediately preceding calendar year, including a
7 statement concerning the nature of all complaints filed with
8 it, its determinations and order's resulting from hearings
9 thereon, and the names of all officers or employees of the
10 United States with respect to whom a-Ny penalties have been
11 imposed under this section.
12 (o) There are authorized to be appropriated sums nec-
13 essary, not in excess of $100,000, to !arty out the provisions
14 of this section.
15 Sw. 6. Nothing contained in this Act shall be construed
16 to prohibit an officer of the Central TIntelligence Agency or
17 of the National Security Agency or of the Federal Bureau of
18 Investigation from requesting any ?civilixui employee or appli-
19 cant to take a polygraph test, or to take a psychological test,
20 designed to elicit from him information concerning his per-
21 sonal relationship with any person connected with him by
22 blood or marriage, or concerning his religious beliefs or prac-
23 tices, or concerning his attitude or conduct with respect to
24 sexual matters, or to provide a personal financial statement, if
25 the Director of the Central Intelligence Agency or his desig-
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nee or the Director of the National' Security Agency or his
designee or the Director of the Federal Bureau of Investiga-
tion or his designee makes a personal finding with regard to
each individtTal to be so tested or examined that such test or
information is required to protect the national security.
6 Src. 7. Nothing in this Act shall be construed to affect
7 in any way the authority of the Directors of-the Centtal
Intelligence Agency or the National Security Agency or the
J' Federal Bureau of Investigation to protect or withhold infor-
10 mation pursuant to statute or executive order. The-personal
11 certification by the Director of the agency that disclosure of
12 any information is inconsistent with the' provision of any stat-
13 Lite or executive order shall be conclusive and no such infor-
14 mation shall be admissible in evidence in any interrogation
15 under section 1 (k) or in any civil action under section 4 or
16 in any proceeding or civil action under section 5.
17 SEC. 8. Nothing contained in sections 4 and 5 shall
18 by construed to prevent establishment of department and
20
24
agency grievance procedures to enforce this Act, but the
existence of such procedures shall not preclude any applicant
or employee from pursuing the remedies established by this
Act or any other remedies provided by law : Provided,
however, That if under the procedures established, the em-
ployee or applicant has obtained complete protection against
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1 threatened violations or complete redress for violations, such
2 action may be pleaded in bar in the United States district
3 court or in proceedings before the Board on Employee
4 Rights : And provided further, That if an employee elects
5 to seek a remedy under either section 4 or section 5, he
6 waives his right to proceed by an independent action under
7 the remaining section.
8 SEC. 9. If any provision of this Act or the application
_9 of any provision to any person or circumstance shall be held
10 invalid, the remainder of this Act; or the application of such
11 provision to persons or circumstances other than those as to
12 which it is held invalid, shall not be affected.
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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3
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Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3