H. R. 1125

Document Type: 
Collection: 
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
Case Number: 
Publication Date: 
January 3, 1978
Content Type: 
REGULATION
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PDF icon CIA-RDP81-00818R000100060005-3.pdf897.89 KB
Body: 
Approved For Release 2005/03/24: C &PE1-00818R000100060005-3 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 2 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 23 24 25 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 3 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 "4 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 5 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 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, Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 9 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 10 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 11 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 12 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, Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 13 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. Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 14 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 15 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 16 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 17 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 IS 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- Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 ?1 2 19 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 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 20 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. Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3 w r r Approved For Release 2005/03/24: CIA-RDP81-00818R000100060005-3