(c) To state or intimate, or to attempt to state or intimate, to any empl of the United States serving in any department or agency that any notice v be taken of his attendance or lack of attendance at any assemblage, discuss or lecture held or called by any outside parties or organizations to ad instruct, or indoctrinate any employee of the United States serving in department or agency in respect to any matter or subject other than the p formance of the task to which he is or may be assigned in the departmen agency;

(d) To require or request, or to attempt to require or request, any employ of the United States serving in the department or agency to participate in way in any activities or undertakings unless such activities are directly w the scope of his employment;

(e) To require or request, or to attempt to require or request, any emplo of the United States serving in the department or agency to make any regen concerning any of his activities or undertakings unless such activities directly within the scope of his employment;

(f) To forbid or attempt to forbid any employee of the United States se in the department or agency to patronize any business establishment offera goods and services to the general public;

(g) To require or request, or to attempt to require or request, any employ of the United States serving in the department or agency, or any person sees employment in the executive branch of the United States Government, to suta to any interrogation or examination or to take any psychological or polygra test which is designed to elicit from him information concerning his persic relationship with any person connected with him by blood or marriage, or eve cerning his religious beliefs or practices, or concerning his attitude or condos with respect to sexual matters;

(h) To require or request, or attempt to require or request, any employee o the United States serving in the department or agency to support any candida program, or policy of any political party by personal endeavor or contribution of money or other thing of value;

(i) To coerce, or attempt to coerce, any employee of the United States servi in the department or agency to invest his earnings in bonds or other obligat. or securities issued by the United States or any of its departments or agencies o to make donations to any institution or cause of any kind: Provided, hocere That nothing contained in this subsection shall be construed to prohibit an officer of any department or agency of the United States Government or ar person acting or purporting to act under his authority from using appropriat publicity to persuade any employee of the United States voluntarily to invest h earnings in bonds or other obligations or securities issued by the United Sta or any of its departments or agencies, or voluntarily to make donations to a institution or cause;

(j) To require, or request, or attempt to require or request, any employee o the United States serving in the department or agency, to disclose his assets o his liabilities or his personal or domestic expenditures or those of any member o his family: Provided, however, That this subsection shall not apply to any en ployee who has authority to determine final agreements which fix the tax o other liability of any person, corporation, or other legal entity, or the provision of contracts which require expenditure of moneys of the United States in exces of $100;

(k) To require, or request, or attempt to require or request any employ serving in the department or agency, who is under investigation for miscond to submit to interrogation which could lead to disciplinary action without th presence of counsel or other person of his choice, if he so requests; or

(1) To discharge, discipline, or deny promotion to any employee of the Unite States serving in the department or agency by reason of his refusal or failure submit to any requirement, request, or action made unlawful by this Act.

SEC. 2. Whenever any officer of any executive department or any executiv agency of the United States Government, or any person acting or purporting t act under his authority, willfully violates or willfully attempts to violate any o the provisions of section 1 of this Act, he shall be guilty of a misdemeanor, ab upon conviction shall be punished by a fine not exceeding $500, or by imprison ment not exceeding six months, or by both such fine and imprisonment.

SEC. 3. Whenever any officer of any executive department or executive agency of the United States Government, or any person acting or purporting to act unde

s authority, violates or threatens to violate any of the provisions of section 1 of is Act, any employee of the United States or any person applying for employent in the executive branch of the United States Government affected or agjeved by the violation or threatened violation may bring a civil action in his vn behalf or in behalf of himself and others similarly situated against the fending officer or person in the United States district court for the district in hich the violation occurs or is threatened or the district in which the offending ficer or person is found to prevent the threatened violation or to obtain redress gainst the consequences of the violation. Such United States district court all have jurisdiction to try and determine such civil action irrespective of the tuality or amount of pecuniary injury done or threatened, and to issue such straining order, interlocutory injunction, permanent injunction, or mandatory junction, or enter such other judgment as may be necessary or appropriate to revent the threatened violation, or to afford the plaintiff and others similarly ituated complete relief against the consequences of the violation.

Senator ERVIN. I hope these hearings will help us eliminate any Irafting problems in the bill and develop any necessary amendments o protect fully the constitutional rights of Federal employees and heir families.

Unfortunately, it is a practical impossibility to hear all of the individuals, organizations, and Government agencies throughout the country who have asked to testify. However, their statements will be nade a part of the record.

I want to make two points about this legislation.

First, that under current practices and programs, Government employees are being denied certain basic rights and liberties as citizens. Second, that there is a need for legislation in this area.

As to the complaints of invasion of privacy, economic coercion, and denial of due process which this bill is designed to correct-these are real and substantive problems-not flights of fancy or exaggerated complaints. They affect real people over 2.8 million loyal American citizens and their families, people who pay taxes, who vote, who, even though they happen to work for this vast Federal Government of ours, are entitled to the same rights as any other citizens.

The Federal Government stands as the model employer for the Nation. To the extent that it sanctions practices and programs which deny its employees and applicants basic due process, which deny them respect for their privacy and human dignity, which deny them the right to be judged on the basis of their qualifications and ability to do a job-to the extent these things are allowed freedom and liberty will be diminished everywhere in our society. For no American can sit idly by and tolerate the loss of his own or his neighbors' freedoms without endangering his own.

Fortunately, the types of complaints which have come from employees, their families, and from interested citizens show that people are beginning to realize just how far these insidious privacy-invading practices and programs have infiltrated our society.

Never in the history of the Subcommittee on Constitutional Rights have we been so overwhelmed with personal complaints, phone calls, letters, telegrams, and office visits. In all of our investigations I have never seen anything to equal the outrage and indignation from Government employees, their families, and their friends.

It is obvious that appropriate remedies are not to be found in the executive branch.

This month the people of the United States are celebrating the 177th anniversary of the signing of our Federal Constitution.

(c) To state or intimate, or to attempt to state or intimate, to any employe of the United States serving in any department or agency that any notice wil be taken of his attendance or lack of attendance at any assemblage, discussion or lecture held or called by any outside parties or organizations to advise instruct, or indoctrinate any employee of the United States serving in the department or agency in respect to any matter or subject other than the performance of the task to which he is or may be assigned in the department o agency;

(d) To require or request, or to attempt to require or request, any employee of the United States serving in the department or agency to participate in any way in any activities or undertakings unless such activities are directly within the scope of his employment;

(e) To require or request, or to attempt to require or request, any employee of the United States serving in the department or agency to make any report concerning any of his activities or undertakings unless such activities are directly within the scope of his employment;

(f) To forbid or attempt to forbid any employee of the United States serving in the department or agency to patronize any business establishment offering goods and services to the general public;

(g) To require or request, or to attempt to require or request, any employee of the United States serving in the department or agency, or any person seeking employment in the executive branch of the United States Government, to submit to any interrogation or examination or to take any psychological or polygraph test which is designed to elicit from him information concerning his personal relationship 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;

(h) To require or request, or attempt to require or request, any employee of the United States serving in the department or agency to support any candidate. program, or policy of any political party by personal endeavor or contribution of money or other thing of value;

(i) To coerce, or attempt to coerce, any employee of the United States serving in the department or agency to invest his earnings in bonds or other obligations or securities issued by the United States or any of its departments or agencies or to make donations to any institution or cause of any kind: Provided, however, That nothing contained in this subsection shall be construed to prohibit any officer of any department or agency of the United States Government or any person acting or purporting to act under his authority from using appropriate publicity to persuade any employee of the United States voluntarily to invest his earnings in bonds or other obligations or securities issued by the United States or any of its departments or agencies, or voluntarily to make donations to any institution or cause;

(j) To require, or request, or attempt to require or request, any employee of the United States serving in the department or agency, to disclose his assets or his liabilities or his personal or domestic expenditures or those of any member of his family: Provided, however, That this subsection shall not apply to any employee who has authority to determine final agreements which fix the tax or other liability of any person, corporation, or other legal entity, or the provisions of contracts which require expenditure of moneys of the United States in excess of $100;

(k) To require, or request, or attempt to require or request any employee serving in the department or agency, who is under investigation for misconduct to submit to interrogation which could lead to disciplinary action without the presence of counsel or other person of his choice, if he so requests; or

(1) To discharge, discipline, or deny promotion to any employee of the United States serving in the department or agency by reason of his refusal or failure to submit to any requirement, request, or action made unlawful by this Act.

SEC. 2. Whenever any officer of any executive department or any executive agency of the United States Government, or any person acting or purporting to act under his authority, willfully violates or willfully attempts to violate any of the provisions of section 1 of this Act, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

SEC. 3. Whenever any officer of any executive department or executive agency of the United States Government, or any person acting or purporting to act under

is authority, violates or threatens to violate any of the provisions of section 1 of his Act, any employee of the United States or any person applying for employent in the executive branch of the United States Government affected or agrieved by the violation or threatened violation may bring a civil action in his own behalf or in behalf of himself and others similarly situated against the fending 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 to prevent the threatened violation or to obtain redress against the consequences of the violation. Such United States district court -hall have jurisdiction to try and determine such civil action irrespective of the actuality or amount of pecuniary injury done or threatened, and to issue such restraining order, interlocutory injunction, permanent injunction, or mandatory injunction, or enter such other judgment as may be necessary or appropriate to prevent the threatened violation, or to afford the plaintiff and others similarly situated complete relief against the consequences of the violation.

Senator ERVIN. I hope these hearings will help us eliminate any drafting problems in the bill and develop any necessary amendments to protect fully the constitutional rights of Federal employees and their families.

Unfortunately, it is a practical impossibility to hear all of the individuals, organizations, and Government agencies throughout the country who have asked to testify. However, their statements will be made a part of the record.

I want to make two points about this legislation.

First, that under current practices and programs, Government employees are being denied certain basic rights and liberties as citizens. Second, that there is a need for legislation in this area.

As to the complaints of invasion of privacy, economic coercion, and denial of due process which this bill is designed to correct-these are real and substantive problems-not flights of fancy or exaggerated complaints. They affect real people-over 2.8 million loyal American citizens and their families, people who pay taxes, who vote, who, even though they happen to work for this vast Federal Government of ours, are entitled to the same rights as any other citizens.

The Federal Government stands as the model employer for the Nation. To the extent that it sanctions practices and programs which deny its employees and applicants basic due process, which deny them respect for their privacy and human dignity, which deny them the right to be judged on the basis of their qualifications and ability to do a job to the extent these things are allowed freedom and liberty will be diminished everywhere in our society. For no American can sit idly by and tolerate the loss of his own or his neighbors' freedoms without endangering his own.

Fortunately, the types of complaints which have come from employees, their families, and from interested citizens show that people are beginning to realize just how far these insidious privacy-invading practices and programs have infiltrated our society.

Never in the history of the Subcommittee on Constitutional Rights have we been so overwhelmed with personal complaints, phone calls, letters, telegrams, and office visits. In all of our investigations I have never seen anything to equal the outrage and indignation from Government employees, their families, and their friends.

It is obvious that appropriate remedies are not to be found in the executive branch.

This month the people of the United States are celebrating the 177th anniversary of the signing of our Federal Constitution.

When the first President of the United States took office in 1790 under the new Constitution, the number of people in the entire country was only about a million more than the number of citizens who work for the Federal Government today.

About 350 people served in the Federal Government at the start of George Washington's administration. This year almost a thousand times as many people are employed in the service.

We find it less and less advisable or politic to say to a probing Government investigator or administrator waving a questionnaire in our faces, "Leave me alone. My private life, my thoughts, and beliefs are my own business." We seem to have forgotten why this is our right as citizens. We have forgotten the lessons of American history. As Mr. Justice Brandeis reminded us in 1928:

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfaction of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions, and their sensations. They conferred, as against the Government, the right to be let alone the most comprehensive of rights and the right most valued by civilized

men.

In recent years, and more frequently in recent months, I have been disturbed about reports of practices and techniques which, viewed in the light of those basic constitutional values Americans have always sought for their Government, just fail to measure up.

Blessed with a basic trust that if a Government official does it, it must be right, many people have been lulled by excuses that certain practices are necessary to assist Government in its assigned functions, to protect itself from emotionally unstable employees, prevent conflict of interest, safeguard national security, protect secret information, promote equal employment, promote bond sales, raise charitable contributions, retire older employees, and many other goals.

They forget that, again, in the words of Mr. Justice Brandeis: Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficient.

That

men born to freedom are naturally alert to repeal invasion of their liberty by evil minded rulers

And that-

The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.

The complaints of privacy invasions have multiplied so rapidly of late that it is beyond the resources of Congress and its staff to repel effectively each individual official encroachment. Each new program brings a new wave of protest.

If I may borrow State Department terminology, it is taking responsible officials an unseemly length of time to realize that escalated aggression on personal liberties is only going to produce escalated resistance by employees.

These are not necessarily all new problems. This subcommittee for many years has been concerned with the constitutional rights of employees. The many allegations of arbitrary actions and denial of fundamental due process to civil servants prompted it in the 89th Con