FEDERAL EMPLOYEE PRIVACY BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100060050-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: February 1, 2005
• Sequence Number: 50
• Publication Date: May 2, 1973
• Content Type: OPEN

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May 2, 1973 CONGRESSIONAL RECORD ?SENATE
By the time termination took effect in 1961
the tribe was operating at a $250,000 annual
deficit, and that became worse.
Finally, MEI agreed to enter partnership
with a private developer and sell off 5,000
acres of land to non-Indians for a recreational
home development around an artificial lake.
That was seen as a last-ditch attempt to
broaden the tax base and improve the eco-
nomic picture.
Against that backdrop, an organization
called DRUMS (Determination of Rights and
Unity of Menominee Stockholders) took up
its fight three years ago. It challenged the
sale of tribal land, claiming only a two-thirds
vote of the tribe could authorize that, and
went to court to halt the development.
DRUMS staged rallies and demonstrations,
marched on the State Capitol?and organized
to win political control of the tribe's &G-
nomic interests held by MEL The dissidents
got four members including Miss Deer,
elected to the 11-member Menominee Stock
and Voting Trust in 1971, and Miss Deer was
elected chairman.
She was reelected last year when DRUMS
solidified its hold on the trust, which names
the directors of MEI. ,
Now, Miss Deer said, Menominees are uni-
fied in their support of the restoration bilL
"We've created a tide now," she said, and na-
tional Indian groups have pledged their sup-
port of the act.
Miss Deer, 37, who left the University of
Wisconsin Law School to devote full-time
to the Menominee cause, is now chief lobbyist
in Washington for the restoration bill. She
was in Madison this week to meet with legis-
lators and officials to seek support of the bill.
The bill would again make the federal gov-
ernment the trustee of Menominee land.
It also provides for preparation of a new
tribal roll, to include the descendants of
those on the "final" roll in 1954. Miss Deer
estimates more than 1,000 young Menominee
born since 1954 have not been enrolled as
members of the tribe.
Under the bill, any persons with one-fourth
or more Menominee blood would be eligible
for nearly the same benefits and services the
tribe received from the BIA before termina-
tion..
Restoration would take place within 13
months of passage of the bill, under the
direction of a committee to be elected by the
tribe.
It would also allow?but not require?the
tribe to buy back land sold for development.
Menominee County had a population of
2,600 in. the 1970 census. Of that total, 300
were non-Indians.
[From the Capital Times, Apr. 18, 1973]
UW WOMAN GRAD ACTIVIST CHIEF OF
MENOMINEES
(By Patricia L. Raymer)
WASHINGTON.---ID 1953, for one brie
ment, Ada Deer was a Hollywood eta t.
Columbia Pictures had chosen the -year-
old Menominee as one of the "mos eautiful
Indian girls in America." Yet ? eup men.
spent two hours painting her to make
her look more like an Indian the grade B
western. She was the only f . ale Indian al-
lowed to do more than gr , and the script
went like this:
Deer: "Did you mee the soldiers?"
Actor: "I do not sp k to mere woman. I
speak only to the chi '
A few days late ."The Battle of Rogue
River" began its ong journey to the late-
late show. But e world had not heard its
last from Ada F - er.
Today, w people ask to speak to the
chief, it's a Deer who answers.
Aggre e, tough, determined and opti-
mistic, -year-old Ada Deer is the modern-
day" ef" of northern Wisconsin's Menom-
inee dian tribe.
e's in Washington to lobby for federal
toration" of her tribe. Before Congress
4f
recesses Friday, it is expected to consider
a bill restoring federal aid and reservation
status to the self-governing Menominees.
More than a decade ago, Congress decided
the tribe was ready to move into the white
man's world of sewer districts and depletion
allowances, and closed out the federal books.
Since becoming Wisconsin's newest (and
poorest) county, the once-happy wild rice
harvesters have fallen on. hard times.
Although the call for Menominee restora-
tion (included in the Indians' 20 demanlls,
during the Bureau of Indian Affairs take-
over last fall) is a small part of the national
Indian movement, Deer sees the bill as a
possible landmark case.
"To the current Indian movement," says
Deer, "the next few years are as important
as the 1954 school desegregation decision was
to blacks."
The tale of the Menominees says some-
thing about what has happened to many In-
dians. In a few years, they have gone from,
riches to rags. Indians and government of-,
ficials alike now agree that termination was
a real disaster.
Although the Menominee tribe is still in-
tact, problems associated with self-govern-
ment have been phenomenal. Land has been
sold in bite and pieces to pay for services
formerly provided by the government. Medi-
cal care is almost nonexistent and educa-
tional problems abound. About half the tribe
is now on welfare.
"I don't know anyone who could have
brought that bill so far so fast. The Meno..
inees were a -dead issue in Congress bef
she began working on. it," says Rep. .yd
Meeds (D-Wash.), chairman of the ouse
Indian Affairs Subcommittee and co-- .onsor
of the Restoration Bill.
"Since I met Ada, life hasn' ? een the
same," said Rep. Meeds. 'Meet! her Is like
plugging into a switchboard th all lines
full. When she's around, 's a charged
atmosphere and you just g the feeling you
want to do things."
She is not yet over e wonder of her
sudden entry into th ashington political
scene and is surp d by the number of
invitations she rec yes to tell her story to
Cabinet member Senators and other gov-
ernment bigwig Yet, while her enthusiasm
is childlike, he ttitude is tough and serious.
For Deer, ery social event is a business
meeting a every business encounter is a
social ex ence.
NCAI resident Trimble sees Deer as
"clear one of today's Indian leaders. There
are '.t too many Indians who don't know
th: ame of Ada Deer."
e classifies her as a "unique tie between
e radical and conservative Indians."
Deer's road to activism was a , calculated
one. She decided at an early age to involve
herself with the Indian cause.
After being the first Menominee to grad-
uate from the University of Wisconsin, she
went on to the Columbia University School
of Social Work in New York, from which,
she believes, she was the first and only In-
dian to graduate.
Before taking on the Menominee cause
full time, Deer spent 1% years at the Wis-
consin Law School, where she'll return when
and if the Restoration Bill passes. Before
law school she worked as a community orga-
nizer in New York's Bedford-Stuyvesant area,
was program director of a Minneapolis
Neighborhood House, served as a community
service coordinator for the BIA, and directe
a minority youth program in northern Wis
consin.
Ada Deer lived most of her first 18 year
on the Menominee reservation in a one-roo
log cabin without electricity or runnin
water. She is the oldest of nine children
Five lived beyond infancy.
Her father is a laborer still employed a
the Menominee Lumber Mill, the tribe's onl
source of employment. Like a high percen
age of male Indians past and present, he
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S 8165
an alcoholic. Her mother is white, a nurse
who came to the reservation while workin
for the BIA.
Deer attributes her activism to her mot. r,
who since 1954 "has been clubbing m- on
the head to save the Menominees fro.. ter-
fnination."
Deer lives on. 500 dollar a mont salary
from the Menominee Common S ck and
Voting Trust, of which she is el d chair-
man. The Menominees have no tr al council,
but are organized as a corporati the chair-
man Is the equivalent of In an or tribal
chief.
She has no official Was gton residence
and camps out with local f ends.
"I know I can't keep ? this kind of life
forever, but basically I" doing this because
I want to," she says.
"Mainly, I want show people who say
nothing can be do , - in this society that it
just isn't so. You on't have to collapse just
because there's ederal law in your way.
Change it"
Mr. NE N. It is important that the
Menomin restoration bill be intro-
duced d considered by committee as
early Is possible. Thus, one section of
the ,,toration bill is being included in
th legislation introduced today even
t :h there is not unanimous support
f this provision from the delegation.
This section provides that the transfer of
the Menominee land held by MEI to the
Department of the Interior not take
place for 2 years from the date of enact-
ment of the Restoration Act. Although I
believe that it should be possible to com-
plete the necessary arrangements be-
tween the tribe, the landowners, and the
Interior Department in a much shorter
period of time, the section is being in-
cluded in the bill at the request of an-
other Member of the Wisconsin delega-
tion who, other than that section, is in
complete agreement with the principle
of restoration.
Mr. President, now is the time for Con-
gress to act and move toward righting
the wrongs perpetrated on the Menomi-
nee people. We must reassert and reas-
sume our treaty obligations toward the
Menominee. The proposed bill would do
just that: Protect their assets, lands, re-
sources, and rights and provide the basic
and necessary community services to
which the Menominee people are justly
entitled.
By Mr. ERVIN (for himself, Mr.
ABOUREZK, Mr. BAKER, Mr. BAYH,
Mr. BEALL, Mr. BENNETT, Mr.
BIBLE, Mr. BROOKE, Mr. BUR-
DICK, Mr. HARRY F. BYRD, JR.,
Mr. CHURCH, Mr. FANNIN, Mr.
FONG, Mr. GOLDWATER, Mr.
GRAVEL, Mr. GURNEY, Mr. HAN-
SEN, Mr. HASKELL, Mr. HATFIELD,
Mr. HATHAWAY, Mr. HRTJSKA, Mr.
HUMPHREY, Mr. INOUYE, Mr.
MANSFIELD, Mr. McGEE, Mr. MC-
GOVERN, Mr. METCALF, Mr. MON-
DALE, Mr. MOSS, Mr. MUSKIE,
Mr. NELSON, Mr. PACKWOOD, Mr.
PELL, Mr. PERCY, Mr. RANDOLPH,
Mr. SCOTT of Pennsylvania, Mr.
STAFFORD, Mr. TAFT, Mr. THUR-
MOND, Mr. TUNNEY, and Mr..
WILLIAMS):
S. 168$. A bill to protect the civilian
employees of the executive branch of the
U.S. Government in the enjoyment of
their constitutional rights and to prevent
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S 8166 CONGRESSIONAL RECORD ? SENATE May 2, 1973
unwarranted governmental invasions of
their privacy. Referred to the Committee
on the Judiciary.
FEDERAL EMPLC YEE PRIVACY BILL
Mr. ERVIN. Mr. President, I introduce
for appropriate reference a bill to pro-
tect the civilian employees of the execu-
tive branch of the U.S. Government in
the enjoyment of their constitutional
rights and to prevent unwarranted gov-
ernmental invasions of their privacy.
I take this action on behalf of myself
and the following cosponsors of this
measure: Messrs. ABOUREEK, BAKER,
BAYH, BEALL, BENNETT, BIBLE, BROOKE,
BTJRDICK, HARRY F. BYRD, JR., CHUCH, FAN-
NIN, FONG, GOLDWATER, GRAVEL, GURNEY,
HANSEN, HASKELL, HATFIELD, HATHAWAY,
HRUSKA, HUMPHRE1. INOUYE, MANSFIELD,
MCGEE, MCGOVERN, METCALF, MONDE,
MOSS, MITSKIE, NELSON, PACKWOOD, FELL,
PERCY, RANDOLPH, SCOTT of Pennsylva-
nia, STAFFORD, TAFT, THURMOND, TUNNEY,
and WILLIAMS.
The need to protect the private lives of
Federal employees from unwarranted
Government intrusion is today even
more critical than when I first intro-
duced legislation to protect the individ-
ual liberties of Federal employees in 1966.
Reductions-in-force, the administra-
tion's present scheme to cut down the
number of positions in the Federal bu-
reaucracy, has seived to intensify the
pressure on individuals to sacrifice their
freedom of speech and action for the
sake of Federal employment, job secu-
rity, and promotion. At the same time,
the apocalyptic vision of massive Gov-
ernment data banks monitoring the inti-
mate details of the private lives of Fed-
eral employees has become more than
just a nightmare. ft is a reality.
The legislation I introduce today is
identical to S. 1438 which passed the Sen-
ate by unanimous consent in the 92d
Congress, only to die in the House Post
Office and Civil Service Committee. Simi-
lar legislation has been approved by this
body a total of four times in the past.
Over the years this legislation has be-
come known as the "Federal Employees'
Bill of Rights." It is designed to assure
minimal guarantees of individual privacy
end freedom to present and potential
employees of the Federal Government.
One aim of this legislation is to pro-
hibit requirements that Federal employ-
ees and applicants for Government ern-
;lop/lent disclose t heir race, religion, or
national origin; or submit to question-
ing about their religion, personal rela-
tionships or sexual attitudes, through
interviews, psychological tests, or poly-
graphs. It would prohibit requirements
that employees attend government-
sponsored meeting: and lectures or par-
ticipate in outside ectivities unrelated to
their employment; report on their out-
side activities or undertakings unrelated
to their work; support political candi-
dates or attend political meetings. It
makes it illegal to ,ioerce an employee to
buy bonds or make charitable contribu-
tions. It prohibits requirements that he
disclose his own personal assets, liabili-
ties, or expenditures, or those of any
member of his family, unless, in the case
of certain specified employees, such items
would tend to show a conflict of interest.
It provides a right to have a counsiel
or other person present, if the employe
wishes, at an interview which may teed
to disciplinary proceedings. It accorn
the rights to a civil action in a Feder, I
court for violation or threatened viot,
tion of the act. Finally, it establishes I
Board on Employees' Rights te receie
and conduct hearings on complaints et
violation of the act, and to determh, 3
and administer remedies and penaltie,
I have carefully considered possib 3
modifications of this legislatio I whir,
twice passed the Senate in the list
gress. The most frequently sugiested
these changes are, first, dropping th
Board on Employees' Rights, and. seconr
completely exempting the Central Ira.
telligence Agency and the National -
curity Agency. However, upon reflectit
I have decided against such changes,
seems to me that the Board on Ern -
ployees' Rights is a vitally-nee led, le s
expensive and less cumbersome vehicl
for vindicating the rights pretacted
this legislationt Moreover, recent Centr
Intelligence Agency disciplinary pre -
ceedings, in which requests for the pre:- -
ence of counsel or even of colleagne ;
from the Agency have been summer!:
turned down, make clear the -teed f'"
the protections of this legislation subje,
only to certain partial exemptions it; -
corded to these agenciesrhe.efore,
have decided to reintroduce the Feder,
Employees Bill of Rights exactly as the
Senate passed it last year, and the ye: r
before that.
The resiegis for enacting such leiP,
lative constraints or bureaucra ic Mee:
sions of Federal employee prinacy ale
three-fold: First is the imerndi ate nee I
to establish some minimal statutory be -
sis for the protection of the rights an
liberties of those who work for the Fein
eral Government now and in the flitter
Second is the need to attract and to i"
tamthe best qualified employers for a
efficient and effective Federal career se, -
vice. Third is the special leader:hip role
which the Federal Government plays
the field of employment practices vis-;' -
vis State and local government; as we I
as private business and industry.
The compelling need for this legisl -
tion is apparent from the hundr ids uric
hundreds of complaints about burea:
cratic invasions of employee privet
which have come to my atte ction
chairman of the Subcommittee on Con -
stitutional Rights. Both the hearings e
privacy and the rights of Federal erre
ployees held by the subcommi ,tee an
the many letters the subcommittee len,
received catalog the reality of continuin
flagrant invasions of the privace and it. -
dividual liberties of present and potee -
tial Federal employees.
To illustrate the need for k gislatt
safeguards for the individual privre
and liberty of Government employee
it may be helpful to note some of the spe-
cific kinds of complaints which this pre -
posal is designed to redress.
One important area of widese read -
vasions of privacy and personal liberti,
involves questioning of present and 04. -
tential Federal employees about the,r
race, religion, and national wig:
through questionnaires and oral inquit-
ies from supervisors. The legislation II:-
troduced today Is designed to protect
present and future Federal employees
from the dilemma of the grandson of an
American Indian who told the subcom-
mittee that he had exercised his option
not to complete a so-called voluntary
minority status questionnaire. He did not
know how to fill it out. Soon he received
a personal memorandum from his su-
pervisor "requesting" him to complete a
new questionnaire and "return it imme-
diately." He wrote:
I personally feel that, if I do not comply
with this request (order), my job or any
promotion which comes up could be in
jeopardy.
Clearly there is a need to reaffirm the
intent of Congress that a person's re-
ligon, race, and national or ethnic ori-
gin, or that of his forebearers, have
nothing to do with his ability or quali-
fications to perform the duties of a Fed-
eral position, or to qualify for a promo-
tion. Such matters are none of the Gov-
ernment's business.
Other complaints focus on the need
for direct legislative prohibition of both
affirmative and negative constraints on
employee opinions, behavior and outside
activities. These complaints catalogue
infringements and threatened infringe-
ments on first amendment freedoms of
employees: freedom to think for them-
selves free of Government indoctrina-
tion; freedom to choose their outside
civic, social, and political activities free
of official guidance; as well as the free-
dom to refuse to participate at all with-
out reporting to supervisors. To my mind,
a Federal employee's social and civic ac-
tivities outside his employment respon-
sibilities should be none of the Govern-
ment's business.
Illustrative of the pervasive interfer-
ence with the outside activities of Fed-
eral employees is a recent NASA direc-
tive forbidding all communications with
the Congress and the White House:
At no time, under no circumstances, will
anyone ... communicate directly with mem-
bers of Congress and the White House, on
any subject, without notifying me and ob-
taining my approval in advance.
Reportedly similar directives have
been issued in other agencies.
On December 30, 1972, the Defense
Department issued the following com-
mand:
The White House has this morning made
an announcement of international conse-
quences concerning the resumption of peat e
negotiations and a suspension of some mili-
tary activities in Southeast Asia.
There must be absolutely no, repeat 110,
comment of any sort whatsoever from any
D.O.D. personnel, civilian and military. cf
whatever rank.
There is to be no comment, no speculation,
no elaboration and no discussion on the sub-
jects involVeci.
In a slightly different vein, a division
chief demanded that his supervisors
report "the names of employees?who
are participating in any activities in-
cluding such things as PTA in inte-
grated school, sports activities which are
intersocial, and such things as Great
Books discussion groups which have in-
tegrated memberships."
With one complaint of attempted in-
doctrination of employees at a Federal
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Mct-y 2, 1973 CONGRESSIONAL RECORD ? SENATE
installation, a civil servant enclosed a
memorandtun taken from a bulletin
board stating the time, place, and date
Of a lecture by a sociology professor on
the subject of the importance of racial
integration. Attendance was to be volun-
tary but the notice stated that a record
would be made of those attending. Con-
cerning such a practice, one witness at
subcommittee hearings commented:
If I had been a federal employee and I
cared anything about my job, I would have
been at that lecture.
Other witnesses agreed that taking
notice of attendance at such meetings
constituted a form of/coercion to attend.
Some of the most shocking invasions
of personal privacy arise out of inter-
views, interrogations, and personality
tests to which many Federal employees
and applicants for Federal employment
are forced to submit. Many complaints
focus on mass programs in which, as a
matter of routine practice, agency offi-
cials pressure applicants or employees
to reveal intimate details about their
habits, thoughts, and attitudes on mat-
ters unrelated to ;their qualifications
and ability to perform a job. Federal
employees and applicants for Federal
employment are routinely asked to com-
ment on such matters as:
My sex life is satisfactory.
I have never been in trouble because of
rrly sex behavior.
Everything is turning out just like the
prophets of the Bible said it would.
I loved my father.
I am very strongly attracted by members
of my awn sex.
I go to church almost every week.
I believe in the second coming of Christ.
I believe in a life hereafter.
I have never indulged in any unusual sex
practices.
I am worried about sex matters.
I am very religious (more than most
people) .
I loved my mother.
I believe there is a Devil and a Hell in
afterlife.
I believe there is a God.
Once in a while I feel hate toward mem-
bers of my family whom I usually love.
I wish I were not bothered by thoughts
about sex.
Clearly there is a need to prohibit in-
vestigators, as well as personnel, security
and medical specialists from indiscrimin-
ately asking individuals to supply, orally
or through tests, data on religion, family,
sex and other personal matters.
Even more unconscionable is the use
of polygraphs, or so-called "lie detec-
tors," on Federal employees. Congres-
sional investigation has shown that there
Is no scientific validation for the effec-
tiveness or accuracy of polygraphs. Yet
despite this and the invasion of privacy
involved in strapping an individual to a
machine in order to elicit from him in-
formation concerning his personal,. rela-
tionships with persons connected with
him by blood or marriage, or concerning
his religious beliefs, practices or con-
cerning his attitude or conduct with re-
spect to sexual matters, lie detectors are
being used in various agencies of the
Federal Government for purposes of
screening applicants or for pursuing in-
vestigations. It is time the Federal Gov-
ernment, ceased this senseless outrage to
personal privacy.
The hearing record and subcommittee
complaint files also amply document the
need for statutory protections against
various forms of coercion of employees
to buy bonds and contribute to causes.
It seems to me that each Federal em-
ployee, like any other citizen in the
United States, is the best judge of his
capacity, in the light of his financial obli-
gations, to participate or decide whether
he will participate and the extent
of his participation in a bond drive. That
is a basic determination which he and
he alone should make. I think there is
an interference with fundamental rights
when coercion of a psychological or eco-
nomic nature is brought on a Federal
employee, even to make him do right. I
think a man has to have a choice of act-
ing unwisely as well as wisely, if he is
going to have any freedom at all.
And yet the subcommittee has received
from employees and their organizations
numerous reports of intimidation,
threats of loss of job, and security clear-
ances and of denial of promotion for em-
ployees who do not participate to the ex-
tent supervisors wish. Many of these
complaints of intimidation come out of
agencies which have policy statements
and administrative rules against such
coercion. It is clear that such policy
statements and rules are not enough.
In addition, millions of present and
potential Federal employees have been
required to submit to comprehensive
questionnaires designed to elicit detailed
information on the employee's personal
finances, debts and property ownership,
and those of his family. I believe that
the conflict-of-interest statutes, and the
many other laws governing conduct of
employees, together with appropriate im-
plementing regulations, are sufficient to
protect the Government from dishonest
employees. This proposal is, therefore,
designed to reduce to reasonable propor-
tions questionnaires which now require
Federal employees to list "all assets, or
everything you and your immediate fam-
ily own, including date acquired and cost
or fair market value at acquisition. Cash
in banks, cash anywhere else, due from
others?loans, et cetera, automobiles, se-
curities, real estate, cash surrender of
life insurance; personal effects and
household furnishings and other assets."
he subcommittee hearings and corn-
laint files further document the need
for having legal counsel, a friend or other
person present when a Federal employee
is subjected to an official interrogation
or investigation that could lead to the
loss of his job or disciplinary action. I
have received numerous complaints from
employees charged with no crime who
have been subjected to intensive inter-
rogations by nse Department inves-
t' ?=12,ors who asic intiftiase questions,
ma?IF sweeping allegations, and threaten
dire consequences unless consent is given
to polygraph tests. Employees have been
rr
ordered to confe orally or to write and
sign statements. Such interviews have
been conducte fter denial of the em-
ployee's request for presence of super-
visor, counsel or friend, and in several
instances the interrogations have re-
sulted in revocation of a security clear-
ance, or denial of access to classified in-
formation by transfer or reassignment,
S 8167
with the resulting loss of promotion
opportunities.
Several agencies contend that right to
counsel is now granted in formal adverse
action proceedings and that appeals pro-
cedures make this section unnecessary
for informal questioning. Testimony and
complaints from employees demonstrate
that this machinery does not effectively
secure the opportunity of the employee
to defend himself early enough in the
investigation to allow a meaningful de-
fense.
As testimony at the subcommittee
hearings as well as subsequent investiga-
tion of complaints have demonstrated,
employee rights are only as secure as
the means set up for their enforcement.
There is overwhelming evidence that em-
ployees have heretofore frequently
lacked appropriate remedies either in the
courts or the Civil Service Commission
for pursuing rights which belong to them
as citizens. Clearly a Board on Em-
ployees' Rights is needed to provide an
additional means by which violations of
the privacy and liberty of present and
potential Federal employees can be re-
dressed and prevented.
No one pretends that this bill is going
to cure everything that is wrong with
the Federal service. But it is a beginning
step toward the safeguarding of personal
privacy and individual liberties. In the
process it will set a valuable precedent
for more comprehensive privacy legisla-
tion in the future.
Mr. President, I ask unanimous con-
sent that the text of my proposed bill to
protect the civilian employees of the ex-
ecutive branch of the U.S. Government
in the enjoyment of their constitutional
rights and to prevent unwarranted gov-
ernmental invasions of their privacy be
printed in the RECORD.
There being no objection, the bill was
ordered to be printed in the RECORD, as
follows:
S. 1688
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,
SECTION 1. It shall be unlawful for any
officer of any executive department or any
executive agency of the United States Gov-
ernment, or for any person acting or pur-
porting to act under his authority, to do
any of the following things:
( a) To require or request, or to attempt
to require or request, any civilian employee
of the United States serving in the depart-
ment or agency, or any person seeking em-
ployment in the executive branch of the
United States Government, to disclose his
race, religion, or national origin, or the race,
religion, or national origin of any of his fore-
bears: Provided, however, That nothing con-
tained in this subsection shall be construed
to prohibit inquiry concerning the citizen-
ship of any such employee or person if his
citizenship is a statutory condition of his
obtaining or retaining his employment:
Provided further, That nothing contained in
this subsection shall be construed to pro-
hibit inquiry concerning the national origin
or citizenship of any such employee or per-
son or of his forebears, when such inqury
is deemed necessary or advisable to deter-
mine suitability for assignment to activities
or undertakings related to the atonal
security within the United States or to ac-
tivities or undertakings of any nature out-
side the United States.
(b) To state or intimate, or to attempt to
state or intimate, to any civilian employee
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S 8168
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CONGRESSIONAL RECORD -- SEN kTE May 2., 1!i7d
or the United States serving in the depart-
mein or agency that any notice will be taken
0F his attendance or iack of attendance at
soy assemblage, discussion, or lecture held
er tailed by any officer of the executive
braneh of the United States Government, Or
by any person acting or purporting to act
eerier his authority, or by any outside par-
t or organizations ,o advise, instruct, or
indoctrinate any cive ,an employee of the
tented States serving in the department or
a;...0.)cy in respect to eny matter or subject
oilier than the performance of official duties
ts, ehich he is or an be assigned in the
department or agency, or the development
et skills, knowledge, or abilities which qualify
lam for the performance of such duties:
Ppocided, however, That nothing contained
in this subjection shall be construed to pro-
hibit taking notice of she participation of a
civilian employee in she activities of any
professional group or association.
(e) To require or request, or to attempt
te require or request, any civilian employee
el she United States serving in the depart-
meat or agency to participate in any way in
any activities or undertakings unless such
activities or undertak.ugs are related to the
performance of official duties to which he is
or may be assigned in the department or
agency, or to the development of skills,
knowledge, or abilities which qualify him for
Lite performance of antes duties.
(d) To require or reqeust, or to attempt
require or request, any civilian employee
of the United States serving in the depart-
ment or agency to make any report concern-
leg any of his aceterities or undertakings
unless such activities; or undertakings are
related to the performance of official duties
to which he is or May be assigned in the
department or agency, or to the development
of skills, knowledge, or abilities which qualify
him for the performance of such duties, or
unless there is ream it to believe that the
civilian employee is er gaged in outside activi-
ties or employment in conflict with his official
duties.
(e) To require or n.quest, or to attempt to
require or request, any civilian employee of
the United States ser lag in the department
or agency, or any person applying for em-
ployment as a civilian employee in the execu-
tive branch of the United States Government,
to submit, any interrogation or examination
or to take any psycnological test which is
designed to elicit frort him information con-
cerning his personal relationship with any
person connected wits him by blood or mar-
riage, or concerning his religious beliefs or
practices, or concerning his attitude or con-
duct with respect to sexual matters: Pro-
vided, however, Thai nothing contained in
this subsection shall oe construed to prevent
a physician frcim eliciting such information
or authorizing such tests in the diagnosis or
I reatment of any civ.lian employee or appli-
cant where such phesician deems such in-
formation necessary to enable him to deter-
mine whether or tot such individual is
suffering from mental illness: Provided fur-
ther, however, That i his determination shall
be made in individua: cases and not pursuant
to general practice or regulation governing
the examination of employees or applicants
according to grade, ,egency, or duties: Pro-
vided further, however, That nothing con-
trained in this subsection shall be construed -
to prohibit an office of the department or
agency from advising any civilian employee
or applicant of a specific charge of sexual
misconduct made aeainst that person, and
affording him an opportunity to refute the
charge.
(f ) To require or request, or attempt to
require or request, any civilian employee of
the United States serving in the department
or agency, or any person applying for em-
ployment as a civilian employee in the execu-
tive branch of the Ur ited States Government,
to take any polygraph test designed to elicit
from him information concerning his per-
sonal relationship with any person coanecteti
With him by blood or marriage, or oar cerning
his religious beliefs or practices, or concern-
ing his attitude or conduct with respect to
sexual matters.
(g) To require or request, or to attempt to
require or request, any civilian e nployet
of the United States serving, in the depart
merit or agency' to support by persenal en-
deavor or contribution of money or any other
thing of value the nomination or the electioa
of any person or group of persons to publh
office in the Government of the Uniteleitater
or of any State, district, Commonwealth, tee
ritory, or possession of the United S ,ates, Or
to attend any meeting held to promote 0"
support the activities or undertakings of ane
political party of the United States cr of ant:
State, district, Commonwealth, tele tory, or
possession of the United States.
(h) To coerce or attempt to coerce an
civilian employee of the United States servine
in the department or agency to invest
earnings in bonds or other obligations er
securities isseed by the United States or an;
of its departments or agencies, or to maks
donatibms to any institution or cause Of an,
kind: Provided, however, That nothing con
tattled in this subsection shall be construes:
to prohibit any officer of any excel five dt
partment or any executive agency of ths
United States Government, or any persot
acting or purporting to act under his at,
thority, from calling meetings and takiin
any action appropriate to afford any civiliat
employee of the United States the ones*
tunity voluntarily to invest his earnings
bnds or other obligations or securities issues,
by the United States or any of its depart
ments or agencies, or voluntarily co Ma,'
donations to any institution or cause.
( I) To require or request, or attempt I,
require or tequest, any civilian employee t,
the United States serving in the departmeh
or agency to disclose any items of his prdl,
erty. income, or other assets, source of in
come, or liabilities, or his personal re,
domestic expenditures or those of any mein-
ber of his family or household: i'rovidetr
however, That this subsection shall not appi
to any civilian employee who has (Althorn
to make any final determination wit resole_
to the tax or other liability of an" perscie
corporation, or other legal entity to *an
'United States, or claims which require en
penditure of moneys of the United Stable-
Provided further, however, That nothing cell
tamed in this subsection shall pro sibit tat
Department of the Treasury or ay otlet
executive department or agency of the Unite'
States Government from requiring sa
civilian employee of the United States
make such reports as may be necessary c
appropriate for the determination of
liability' for taxes, tariffs, custom duties, e
other obligations imposed by law.
j) To require or request, or to attempt'
require or request, any civilian employee ,
the United States embraced within Ike teat, ,
of the proviso in subsection ti) to disci tat,
any items of his property, income, or ottp
assets, source of income, or liabilitiek, or hi
personal or domestic expenditures or the-
of any member of his family or I ousehe:
other than specific items tending to Iodide-
a conflict of interest in respect to the pt -
formance of any of the official duties
which he is or may be assigned.
(k) To require or request, or te atterm
to require or request, any civilian employ, r
of the United States serving in the depaie
ment or agency, who is under investigati,
for misconduct, to submit to interrogatit
whic,h could lead to disciplinary action vvitl,
out the presence of counsel or other pellet
of his choice, if he so requests: Providr
however, That a civilian employee of el ?
United States serving in the 'Cent 'al In-
ligence Agency or the National Securi
Agency may-be accompanied only by a per-
son of his choice who serves in the agency
in which the employee serves, or by counsel
who has been approved by the agency for
access to the informatioe involved.
(1) To discharge, discipline, demote, deny
promotion to, relocate, reassign, or other-
wise discriminate in regard to any term or
condition of employment of, any civilian em-
ployee of the United States serving in the
department or agency, or to threaten to com-
mit any of such acts, by reason of the refusal
or failure of such employee to submit to or
comply with any requirement, request, or
action made unlawful by this Act, or by rea-
son of the exercise by such civilian employee
of any right granted or secured by this Act.
Sec. 2. It shall be unlawful for any officer
of the United States Civil Service Commis-
sion, or for arty person :icting or purporting
to act under his authority, to do any of the
following things:
(a) To require or request, or to attempt to
require or request, any executive depart-
ment or any executive agency of the United
States Government, or any officer or em-
ployee serving in such department or agency,
to violate any of the provisions of section 1
of this Act.
(b) To require or request, or to attempt
to require or request, any person seeking to
establish civil service status or eligibility
for employment in the executive branch of
the United States Government, or any per-
son applying for employment in the ex-
ecutive branch of the United Slates Gov-
ernment, or any civilian employee of the
United States serving in any department or
agency of the United States Government, to
submit to any interrogation or examination
or to take any psychological test which is
designed to elicit from him information con-
cerning his personal relationship with any
person connected with him by blood or mar-
riage or concerning his religious beliefs
or practices, or concerning his attitude or
conduct with respect to sexual matters: Pro-
vided, however, That nothing contained in
this subsection shall be construed to pre-
vent a physician from eliciting such informa-
tion or authorizing such tests in the diagno-
sis or treatment of any civilian,' employee
or applicant where such physician deems
such information necessary to enable him
to determine whether or not such individual
is suffering from mental illness: Provided
further, however, That this determination
shall be made in individual cases and not
pursuant to general practice or regulation
governing the examination of employees or
applicants according to grade, agency, or
duties: Provided, further, however, That
nothing contained in this subsection shall
be construed to prohibit an officer of the
Civil Service Commission from advising any
civilian employee or applicant on a specific
charge of see vial misconduct made against
that person, and affording him an opportu-
nity to refute the charge.
(c) To require or request, or to attempt
to require or request, say person seeking to
establish civil service status or eligibility for
employment in the executive branch of the
United States Government, or any person
applying for employment in the executive
branch of the United States Government, or
any civilian employee of the United States
serving In any department or agency of the
United States Government, to take any poly-
graph test designed to elicit from Aim in-
. formation concerning his personal relation-
ship with any person connected with him
by blood or marriage, or concerning his
religious beliefs or practices, or concerning
his attitude or conduct with respect to
sexual matters.
SEC. 3. It shall be unlawful for any com-
missioned officer, as defined in section 101
of title 50, United States Code, or any mem-
ber of the Armed Forces acting or purporting
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May 2, 1973 CONGRESSIONAL RECORD ? SENATE
to act under his authority, to require or
request, or to attempt to require or request,
any civilian employee of the executive branch
of the United States Government under his
authority or subject to his supervision to
perform any of the acts or submit to any
of the requirements made unlawful by
section 1 of this Act.
SEC. 4. Whenever any officer of any execu-
tive department or any executive agency of
the United States Government, or any per-
son acting or purporting to act under his
authority, or any commissioned officer as de-
fined in section 101 of title 10, United States
Code, or any member of the Armed Forces
acting or purporting to act under his author-
ity, violates or threatens to violate any of
the provisions of section 1, 2, or 3 of this
Act, any civilian emploYee of the United
States serving in any department or agency
of the United States Government, or any
person applying for employment in the ex-
ecutive branch of the United States Gov-
ernment, or any person seeking to establish
civil service status or eligibility for employ-
ment in the executive branch of the United
States Government, affected or, aggrieved by
the violation or threatened violation, may
bring a civil action in his own behalf or in
behalf of himself and others similarly situ-
ated, against the offending officer or person
in the 'United States district court
for the district in which the violation
occurs or is threatened, or the district in
which the offending officer or person
is found, or in the United States District
Court for the District of Columbia, to pre-
vent the threatened violation or to obtain
redress against the consequences of the vio-
lation. The Attorney General shall defend all
officers or persons sued under this section
who acted pursuant to an order, regulation,
or directive, or who, in his opinion, did not
willfully violate the provisions of this Act.
Such United States district court shall have
jurisdiction to try and determine such civil
action irrespective of the actuality or
amount of pecuniary injury done or threat-
ened, and without regard to whether the ag-
grieved party shall have exhausted any ad-
ministrative remedies that may be provided
by law, and to issue such restraining order,
interlocutory injunction, permanent injunc-
tion, or mandatory injunction, or enter such
other judgment or decree as may be neces-
sary or appropriate to prevent the threat-
ened violation, or to afford the, plaintiff and
others similarly situated complete relief
against the consequences of the violation.
With the written consent of any person af-
fected or aggrieved by a violation or threat-
ened 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 be
construed to include any brotherhood, coun-
cil, federation, organization, union, or pro-
fessional association made up in whole or in
part of civilian employees of the United
States and which has as one of its purposes
dealing with departments, agencies, commis-
sions, and independent agencies of the
United States concerning the conditiop and
terms of employment of such employees.
SEC. 5. (a) There is hereby established a
Board on Employees' Rights (hereinafter re-
ferred to as the "Board"). The Board shall
be composed of three membersrappointed by
the President, by and with the advice and
consent of the Senate. The President shall
designate bile member as chairman. No more
than two' members of the Board may be of
the same political party. No member of the
Board shall be an officer or employee of the
United States Government.
(b) The term of office of each member of
the Board shall be five years, except that (1)
of those members first appointed, one shall
serve for five years, one for three years, and
one for one year, respectively, from the date
of enactment of this Act, and (2) any mem-
ber appointed to fill a vacancy occurring prior
to the expiration of the term for which his
predecessor was appointed shall be appointed
for the remainder of such term.
(c) Members of the Board shall be com-
pensated at the rate of $75 a day for each
day spent in the work of the Board, and
shall be paid actual travel expenses and per
diem in lieu of subsistence expenses when
away from their usual places of residence, as
authorized by section 5703 of title 5, United
States Code.
(d) Two members shall constitute a
quorum for the transaction of business.
(e) The Board may appoint and fix the
compensation of such officers, attorneys, and
employees, and make such expenditures, as
may be necessary to carry out its functions.
? (f) The Board shall make such rules and
regulations as shall be necessary and proper
to carry out its functions.
(g) The Board shall have the authority
and duty to receive and investigate written
complaints from or on behalf of any person
claiming to be affected or aggrieved by any
violation or threatened violation of this Act
and to conduct a hearing on each such com-
plaint. Within ten days after the receipt of
any such complaint, the Board shall furnish
notice of the time, place, and nature of the
hearing thereon to all interested parties. The
Board shall render its final decision with
respect to any complaint within thirty days
after the conclusion of its hearings thereon.
(h) Officers or representatives of any Fed-
eral employee organization in any degree con-
cerned with employment of the category in
which any alleged violation of this Act oc-
curred or is threatened shall be given an
opportunity to participate in each hearing
conducted under this section, through sub-
mission of written data, views or arguments
and in the discretion of the Board, with op-
portunity for oral presentation. Government
employees called upon by any party or by
any Federal employee organization to par-
ticipate in any phase of any administrative
or judicial proceeding under this section shall
be free to do so without incurring travel cost
or suffering loss in leave or pay; and all such
employees shall be free from restraint, co-
ercion, interference, intimidation, or reprisal
in or because of their participation. Any pe-
riods of time spent by Government employees
during such participation shall be held and
considered to be Federal employment for all
purposes.
(1) Insofar as consistent with the pur-
poses of this section, the provisions of sub-
chapter It of chapter 5 of title 5, United
States Code, relating to the furnishing of
notice and manner of conducting agency
hearings, shall be applicable to hearings
conducted by the Board under this section.
(j) If the Board shall determine after
hearing that a violation of this Act has not
occurred or is not threatened, the Board
shall state its determination and notify all
interested parties of such determination.
Each such determination shall constitute a
final decision of the Board for purposes of
judicial review.
(k) If the Board shall determine that any
violation of this Act has been committed
or threatened by any civilian officer or em-
ployee of the United States, the Board shall
immediately (1) issue and cause to be served
on such officer or employe an order requir-
ing such officer or employee to cease and de-
sist from the unlawful act or practice which
constitutes a violation, (2) endeavor to elim-
inate any such unlawful act or practice by
informal methods of conference, concilia-
tion, and persuasion, and (3) may?
(A) (1) in the case of the first offense by
any civilian officer or employee of the United
States, other than any officer appointed by
the President, by and with the advice and
consent of the Senate, issue an official repri-
mand against such officer or employee or or-
S 8169
der the suspension without pay of such
officer or employee from the position or office
held by him for a period of not to exceed
fifteen days, and (11) in the case of a second
or subsequent offense by any such officer or
employee, order the suspension without pay
of such officer or employee from the posi-
tion or office held by him for a period of not
to exceed thirty days or order the removal
of such officer or employee form such posi-
tion or office; and
(B) in the case of any offense by any offi-
cer appointed by the President, by and with
the advice and consent of the Senate, trans-
mit a report concerning such violation to the
President and the Congress.
(1) If the Board shall determine that any
violation of this Act has been committed
or threatened by any officer of any of the
Armed Forces of the United States, or any
person purporting to act under authority
conferred by such officer, the Board shall
(1) submit a report thereon to the Presi-
dent, the Congress, and the Secretary of the
military department concerned, (2) en-
deavor to eliminate any unlawful act or
practice which constitutes such a violation
by informal methods of conference, concilia-
tion, and persuasion, and (3) refer its de-
termination and the record in the case to any
person authorized to convene general courts-
martial under section 822 (article 22) of
title 10, United States Code. Thereupon such
person shall take immediate steps to dispose
of the matter under chapter 47 of title 10,
United States Code (Uniform Code of Mili-
tary Justice).
(m) Any party aggrieved by any final de-
termination or order of the Board may in-
stitute, in the district court of the United
States for the judicial district wherein the
violation or threatened violation of this Act
occurred, or in the United States District
Court for the District of Columbia, a civil
action for the review of such determination
or order. In any such action, the court shall
have jurisdiction to (1) affirm, modify, or
set aside any determination or order made
by the Board which is under review, or (2)
require the Board to make any determina-
tion or order which it is authorized to make
under subsection (k), but which it has re-
fused to make. The reviewing court shall set
aside any finding, conclusion, determination,
or order of the Board as to which complaint
is made which is unsupported by substantial
evidence on the-record considered as a whole.
(n) The Board shall submit, not later than
March 31 of each year, to the Senate and
House of Representatives, respectively, a re-
port on its activities under this section dur-
ing the immediately preceding calendar year,
including a statement concerning the nature
of all complaints filed with it, its determi-
nations and orders resulting from hearings
thereon, and the names of all officers or em-
ployees of the United States with respect to
whom any penalties have been imposed un-
der this section.
(o) There are authorized to be appropri-
ated sums necessary, not in excess of $100,-
000, to carry out the provisions of this
section.
SEC. 6. Nothing contained in this Act shall
be construed to prohibit an officer of the
Central Intelligence Agency or of the Na-
tional Security Agency from requesting any
civilian employee or applicant to take a poly-
graph test, or to take a psychological test,
designed to elicit from him information con-
cerning his personal relationship with any
person connected with him by blood or mar-
riage, or concerning his religious beliefs or
practices, or concerning his attitude or con-
duct with respect to sexual matters, or to
provide a personal financial statement, if
the Director of the Central Intelligence
Agency or his designee or the Director of the
National Security Agency or his designee
makes a personal landing with regard to each
individual to be so tested 9r examined that
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S 8170 CONGRESSIONAL RECORD ? St NATE
stitch test or informetion is required to pro-
tete the national sec tatty.
Sec. 7. No civilise employee of the United
/states serving in ,he Central Intelligence
s'ettcncy or the Nate nal Security Agency, and
tt individual or organization acting in be-
half of such employee, shall be permitted
to invoke the provisions of sections 4 and 5
ii.hout first submitting a written corn-
ele.int to the agency concerned about the
threatened or actual violation of this Act
end affording such agency one hundred and
twenty days from the date of such complaint
CO prevent the thresiened violation or to re-
stless the actual vsslation: Provided, ?Low-
e_ tvr, That nothing in this Act shall be con-
strued to affect ates existing authority of
the Director of Central Intelligence under
section 403(c). of title 50, United States
(ode, and any authorities available to the
National Security eg,ency under section 833
oi title 50. United 'States Code, to terminate
he employment of any employee.
SEC. 8. Nothing in this Act shall be con-
strued to affect in my way the authority of
the Directors of the Central Intelligence
Agency or the Nat_ meal Security Agency to
protect or withhold information pursuant
to statute or execi tive order. The personal
certification by the Director of the agency
that disclosure of ey information is incon-
itistent with the provision of any statute or
Executive order ah ll be conclusive and no
such information seall be admissible in evi-
dence in any interrogation under section 1
ik) or in any civil action under section 4
or in any proceeding or civil action under
I.C'otion 5.
SEC. 9. This Act snail not be applicable to
the Federal Bureau of Investigation.
SEC. 10. Nothing contained in sections 4
and 5 shall be con etrued to prevent estab-
lishment of depar ment and agency griev-
ance procedures to enforce this Act, but the
existence of such orocedures shall not pre-
cericie any applicani or employee from pursu-
ing the remedies eetablished by this Act or
any other remedies provided by law: Pro-
vided, however, 'Met if under the procedures
established, the employee or applicant has
obtained complete erotection against threat-
ened violations or complete redress for vio-
lations, such actio e may be pleaded in bar
in the United Stales district court or in
proceedings before the Board on Employee
Rights: And provided further, That if an
employee elects to seek a remedy under either
section 4 or sectioe 5, he waives his right to
proceed by an independent action under the
remaining section.
SEC. 11. If any provision of this Act or the
application of any provision to any person
or circumstance elan be held invalid, the
remainder of this Act or the application of
such provision to persons or circumstances
other .than those t a to which it is held in-
valid, shall not be affected.
Mr. OR AVEL (for himself, Mr.
ReMeD, Mr. RANDOLPH, Mr.
F KIN- Mr. HUMPHREY, Mr.
Go W/V.ER, Mr. GURNEY, and
Mr. oor-r of Pennsylvania) :
S. 1690. A to establish a National
Amateur Spo Development Founda-
tion. Referred to he Committee on Com-
merce.
NATIONAL A Mr ATE ,R PORTS DEVELOP ME NT
fvIe T 10 N
Mr. GRAVEL. Mr. resident, last Sep-
tember I introduced egislation to es-
tablish a National Am tour Sports De-
velopment Foundation. t that time I
pointed out the: in the United States
there exists no organizati responsible
for or concerti ed with he policy,
planning, condu-n, and deve opment of
al kinds of sports for individuals of In
ags and socioeconomic status. The nr, :d
for such an organization has beoci,
even more apparent over ti e past 7
mont , and today I sin again introci- -
lug le: lation to create a Sports For ,-
dation.
The b ' I am introducing today a*
myself, . THURMOND, Mr. GURNEY,
SCOTT of nnsylvania. Mr. RANDO1
Mr. PANNI Mr. HUNIPHREY, and
GOLDWATER a significantly imprO, -d
version of S. - 438, which I int/ oducee
the 92d Congre . Many worthwhile m, I-
ifications in tha bill have beer propc d
by individuals a groups in t 3restet ii
sports developme and we have tat n
these into account redraftirg our i1:-
islation. We are pa cularly indebteclto
the members of our ational AmM ur
Sports Development ? uncle ton A ci-
visory Committee, fo the role V ,ey
played in preparing thi legislation
reintroduction. Members of that or,
mittee met with Senator ur MOND e
me late last fall for a 2 ? ay wort.- ag
symposium on this bill. dr adv?e,
both at that meeting and tiring- he
months that have followed, h e iv( ?AI
invaluable.
Mr. President, I ask unaniinv c a-
sent that there be printed at t p. at
in the RECORD the names of the m.
of the National Amateur Sport; De, 1, ,i-
ment Foundation Advisory Co' ,e,
and the reports of their subconim ts,
issued, at the Conclusion of their t, -
posium here in Washington, Woven. A r
30, and December 1, 1972.
I also ask unanimous conceit that
National Amateur Sports Develops r nt
Foundation Act of 1973 be printed in ie
RECORD following the reports cf the t ib-
committees.
There being no objeciton, the matt' ;al
and bill were ordered to be printed in an
RECORD, as follows:
NATIONAL. AMATEUR SPORTS DEL ELOPMI
FOUNDATION ADVISORY COM M/TTER
Dr. Tenley Albright, 1956 Olympic Won. I's
Figure Skating Gold Medalist.
Mr. Frank Bare, Executive Direetor, Th. +ed
States Collegiate Sports Council.
Mr. Bob Beattie, Executive Director', In-
ternational Ski Racers Associaticre
Honorable It. A. (Red) Bou rher, 1
tenant Governor, Governor, State of Alaska.
Ms. Suzanne S. Chaffee, Co-Executive ,
rector, World Sports Foundation,
Dr. Walter Cooper, Assistara Dian, Co ge
of Education and Psychology, Universit t of
Southern Mississippi, Hattiesbt rg, MI s-
sippi.
Dr. James E. Counsilmon, Swimming O ch
and Professor of Physical Education, Ina- as.
University.
Dr. Albert B. Craig, Jr., President, Are tri-
can College of Sports Medicine.
Mr. Buck Dawson, Executive Director n-
eernational Swimming Hall of Fe me, In
Ms. Donna de Verona, 1964 Oly triple fike -ta-
ming Gold Medalist
Mr. Frank Dolson, Columnist, PhiiadeS via
Inquirer.
Mr. Lee P. Eilbracht, Secretar s-Trefte'or,
American Association of conele Bat all
Coaches.
Dr. William Exum, Athletic Director, I n-
tucky State College.
Dr. Warren Giese, Chairman. Departs- nt
of Physical Education for Men, Lnivensi t of
South Carolina.
Mr. Richard E. Harkins, Esec dive ec-
May 2, 19'73
tor, The International Supreme Commie Or-
der of De alelay.
Dr. Jesse Bawthoree, Chairman, Depart-
ment of Health and Pliptical Education, East
Texas State Universite,
Mr. John E. Horton, Vice President. Na-
tional Academy of Sport.
Mr. Edward Bomberger, Director, Sports
for People.
Mr. Rafer Johnson, 1800 Olympic Decatha-
Ion Gold Medalist.
Dr. Robers Kane. F.rst Vice President,
United States Olymper Committee.
Dr. Frances Koenig, Women's Physical
Eductition Department, Central' Michigan
University.
Mr_ C. Thomas McMillen, All-American
Basketball Player, Oleamis Team 1972.
Dr_ Lucille Magnosoli, Women's Physical
Education Departmeet, Pennsylvania State
University.
Dr. Roswell D. Merrick, Assistant Executive
Secretary, American Association for Health,
Physical Education, and Recreation.
Mr. William Mills, Director, Office of Rec-
reation, Physical Education, and Athletics,
Bureau of Indian Affairs.
Dr. Henry W. Monon, Chairman, Depart-
ment of Political Science, Queens College.
Dr. Bruce 3. Old, Vice President, Arthur D.
Little, Inc.
Mr. Peter L. Oliver, Consultant, Arthur D.
Little, Inc.
Mr. Don E. Porter, Executive Secretary.
Amateur Softball Assoc.
Mr. Glenn C. Randall, Executive Director,
Special Olympics, Inc.
Mr. Mary Ln Sanderson, Senior Systems
Anal ,t, System Development Corporation.
Mr. Donald Sawyer, Executive Vice Presi-
dent, Wilshire Newport, Inc.
Mr. Ross H. Smith, President, Eastern Col-
legiate Conference.
Mr, Marvin H. Sugerman, Sports Producer,
Preeident, Marvin H. Sugarman Production:,
Inc.
Mr. H. B. Thompson. Athletic Director, Fisk
niversity.
Mr Will litm A. Toomey, 1968 Olympic
athalon Gold Medalist.
r. LeRoy Walker, Chairman, Department
hysical Education, North Carolina Cen-
Univers,ty.
L. Wall, Executive Secretary,
'al Association of Basketball Coaches.
Williams Wallace, Sports Wrii er, New
In
lotte West. Women's Physical Ed-
nd Athletics Department, Southern
n iversitY.
1?INITIA.1. ORGANIZATION OF A NA-
AMATEUR SPORTS FOUNDATION
of
tra
Natis
Ms.
York
Dr.
ucatio
Illinois
COMM
ICON
? '11
e Members* Bruce Old (Chair-
ine Chalice, John Horton, Robert
errick, Marvin Sugarman, and
corder).
ed word changes in the Bill
Commit
man). Suz
Kane, Ross
Judie Shaw
I Sugge
"Development" should be
title of the Foundation to
development as its essen-
a. The w
added to the
emphasize spo
tial geol.
b. Several mod
of the purposes o
made to clarify th
c. The Board o
quired to meet at le
annually.
2. Composition of
a. rhe Heard mem' w
to include persons t
In such fields as manag
raising, sports medicii
research, sports facilltie
and communications, p
sports sociology and psych
participation in internation
cite lens in the description
he Foundation should be
iteat.
Trustees should be re-
,- ,t quarterly, ratner than
C Board of Trustees
hip should attempt
skills or knowledge
lent, finance, fund
sports education,
public relations
deal ectucation,
logy, and reeeet
sports.
b. The nominatioe of th members- of the
Board should be by peer groups. For ex-
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..
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7 May 1973
JSW re Ervin bill:
Thinks Director should go on record
for exemption.
Re allegation that CIA denies employees
right to counsel:
Larry knows of no case in which we
have refused counsel. Apparently guy
waived hearing
Approved For Release 2005/03/24: CIA-RDP81-00818R000100060050-3
STAT Approved For Release 2005/03/24: CIA-RDP81-00818R000100060050-3
Approved For Release 2005/03/24: CIA-RDP81-00818R000100060050-3
UNCLASSIFIttprove r 18 2005/03/24: CIA-RDE11-CeenialeNnAb60050-3 El SECRET
_
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
John M. Maury
Legislative Counsel
7D43
EXTENSION
NO.
DATE
3 May 1973
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
INITIALS
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
Attached for your information
is an excerpt from yesterday's
Congressional Record covering
bill
rights
where
the
a
on this
your
Warner,
the
to
of
to the
he
from
and
t
5
?
introduction
protect the
Federal
Your
marked
remarks
explains
Agency a
the bill because
acted irresponsibly
with disciplinary
Before
position
matter,
comments
your recornen1ations.
Jcp-lin
Legt?lative
of the Ervin
constitutional
employees.
attention is invited
passages in Ervin's
on page S.8166
that he can't give
complete exemption
it has recently
in connection
proceedings.
recommending
to the Director
I would appreciate
on the allegation
?
.
?
?
.
M. Maury
Brownman,
Counsel
10.
11.
12.
13.
cc: Messrs.
Br?tke, Thuermer,
14.
15.
Approved For Rele
se 2005
03/24:
4 IA-RDP81-00818R000100060050-3
FORM 610 USE3-62 Li SECRET El CONFIDENTIAL
I?I USE ONLY El UNCLASSIFIED
maus
.
TAT
TAT
TAT
Ap
Ap
) ? - ? .-.1167,1'.-L. :.-V-: , ? I ; AS ? .4L-,?SI AL l'Ne ' 41' Welt VID4)000600
UNCLASSIFIED CONFIDENTIAL
SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Legislative Counsel
2
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
1
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
Handled orally.
n . Warner
LI4
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
Iro2orliePegeI6Vg/01/ 4 ? CIA-RnIDR1 -00 1 8R00504106i0
:
UNCLASSIFIED I CONFIDENTIAL I
SECRET
FORM NO.
1-67 z. ,137 Use previous editions
(40)
0-3
0-3
Approved For Release 2005/03/24: CIA-RDP81-00818R000100060050-3
TRANSMITTAL SLIP
TO:
DATE
3 Ma 1973
ROOM NO. BUILDING
REMARKS:
FROM
Per telephone conversation
with Bill Bavis. The charge
in question is noted on page
S. 8166.
ROOM NO.
7D35
()Lc
FORM NO .241
I FEB 55
REPLACES FORM 36-8
WHICH MAY BE USED.
(47)
Approved For Release 2005/03/24: CIA-RDP81-00818R000100060050-3