To further flagrantly abuse the rights and privacy of these employees, the Agency allowed the entire list of names to be transmitted to all facilities within the region.

The National Association of Government Employees feels that the Government and the Federal Aviation Agency should return to the basic criterion of judging an individual on the basis of his own merit. as demonstrated by his competency on the job. Observations of Government employees under working conditions, including pressure situations which we know the Federal Aviation Agency employee is constantly subjected to, or a personal and clinical examination by a psychologist in demonstrably necessary instances, are certainly a much more realistic way of determining the ability and stability of an employee for a job that he is performing, rather than to subject him to a written test presented on a mass basis which is certainly open to interpretation and validation, rather than a study that is presented and completed on the job.

The National Association of Government Employees contends, and we are sure that this committee will agree, that the Federal Aviation Agency by this time certainly must know whether or not their people can perform the job that is expected of them. These employees have been air traffic controllers and employees of the Agency for a great many years. It is difficult for this organization, and indeed for the employees of the Federal Aviation Agency, to understand how the Agency at this time can have a reasonable doubt about the capabilities of its employees. The National Association of Government Employees, along with the majority of Government employees, certainly is worried lest this program continue unabated under the guise of determining the suitability of the Federal employee.

The National Association of Government Employees members within the Federal Aviation Agency, along with all our members in our organization certainly support Senator Ervin in his attempts to obtain legislation that will prohibit the requirement that an employee of an agency reveal his national origin, race, or religion and that would prohibit the indiscriminate psychological and polygraph testing of any employee.

In conclusion, Senator, I again would like to take this opportunity to thank you as an employee of the Federal Government, as a member of the air traffic control group for the opportunity of being here before you today.

Senator ERVIN. We certainly appreciate your coming here.

I was rather astounded to learn that they would not supply to the National Association of Government Employees a copy of this. Fortunately we have had a little better luck. I have hesitated to ask these questions because I would not want Mr. Lyman to flunk the examination, but I am intrigued by some of these questions-many of them. One of them is-and incidentally, there are 187.

It says AB is to DC as FR is to QP, PQ, TU. I flunked that one. Mr. LYMAN. I am glad you did not ask me for my answer because I did not know what I would give.

Senator ERVIN. They seem to have a propensity for asking questions involving sexual matters.

Question No. 110, "I have at least as many friends of the opposite sex as of my own." You can answer that "Yes," "In between," and "No." Frankly, I do not know what that "In between" means.

Mr. LYMAN. Senator, you are not alone, nor do any of the air traffic controllers know what the "in between" is nor can they relate what relationship the sex question would have to do with their performance as an air traffic controller.

Senator ERVIN. I found only one question here that had any possible relationship to the work of an air traffic controller and that is No. 46: "I occasionally get puzzled when looking in a mirror, as to the meaning of 'right' and 'left'."

I am frank to say that sometimes I wonder whether that is directed to your physical right or left in which it might have something to do with the work of an air traffic controller, or to the man's political thoughts-whether he is a leftwinger or a rightwinger, in modern parlance.

Question No. 67: "I eat my food with gusto, not always so carefully and properly as some people." Then you have a choice of "True," "Uncertain," and "False."

Then, Question No. 92: "I would like to see a move toward eating more vegetable foods, to avoid killing so many animals," "Uncertain," "Getting better poisons to kill the animals which ruin farmers' crops (such as squirrels, rabbits, and some kinds of birds)."

Maybe those birds have something to do with air traffic control, but as far as rabbits are concerned, I do not see the relationship.

Mr. LYMAN. The air traffic controllers throughout the country had made numerous attempts since the onset of this testing program to determine where this test was being given and why the questions such as you read-what the relationship would be. If the Agency was looking to determine the personality of the air traffic controller, we feel, as the organization and the majority of the controllers feel, that they have gone about it in entirely the wrong way. Because, just as a point of interest, when these tests were given, they allowed groups of controllers into a room, say 15 or 20 at a time and these tests were handed out and there were various discussions among the employees for fear, if I put an answer to one question down and everybody else did not have the same question, I may be wrong. So there was discussion at all times among the people taking the examination to be sure that the majority answered in the correct. way-in their own way and that in their own minds they were answering it the correct way. But this is no way to give an examination-a psychiatric examination, if this is the Agency's attempt.

Senator ERVIN. I am sure this is an illuminating question, No. 54: "Which of the following items is different in kind from the others? Candle, moon, electric light?" That is a very illuminating question

to me.

There are some questions like this, and you can understand why anybody would resent it being asked, No. 43: "In intellectual interests, my parents are or (were), a bit below average, average, above average. What does the intellectual interest of one's parents have to do with. whether he is a good air traffic controller?

Mr. LYMAN. I do not have the answer. I do not believe anybody in the agency can give you an answer. The medical branch visiting

the facility and insisting the employees answering the questions, for what reason is not explained.

Senator ERVIN. Question No. 8, "I prefer semiclassical music to popular tunes." And they say "true," "uncertain," "false."

Question No. 14, "I would rather that the person I marry be socially admired than gifted in art or literature." They ask there, "true," "uncertain," and "false."

One of these questions is like asking the man, "Have you quit beating your wife"? If he admitted he had quit beating his wife he would admit he was doing it in the past and if answered otherwise, he would admit he was still doing it.

Question No. 3, "When telling a person a deliberate lie I have to look away, being ashamed to look him in the eye."

Now, you can answer that three ways: "true," another is "uncertain," and the other is "false."

Anyway you answer that, you

Now, what does this false mean? have to admit that you do tell deliberate lies.

Mr. LYMAN. Correct.

Senator ERVIN. I think, in order that we might have some indication of what kind of world we have for Federal employees, we should put this questionnaire in the record so that those interested can read the entire thing; however, these sample questions may be sufficient:

SAMPLE QUESTIONS FROM THE IPAT 16 P.F. TEST

2. I am ready to answer each question as truthfully as possible. (a) yes, (b) uncertain, (c) no.

18. I wake up in the night and, through worry, have difficulty in sleeping again. (a) often, (b) sometimes, (c) never.

20. I am considered a liberal "dreamer" of new ways rather than a practical follower of well-tried ways. (a) true, (b) uncertain, (c) false.

25. I never feel the urge to doodle and fidget when kept sitting still at a meeting. (a) true, (b) uncertain, (c) false.

31. When telling a person a deliberate lie I have to look away, being ashamed to look him in the eye. (a) true, (b) uncertain, (c) false.

34. Many ordinary people would be shocked if they knew my inner personal opinions. (a) yes, (b) uncertain, (c) no.

117. I think it is more important in the modern world to solve: (a) the political difficulties, (b) uncertain, (c) the question of moral purpose.

120. On a free evening I like to: (a) see an historical film about past adventures, (b) uncertain, (c) read science fiction or an essay on "The Future of Science."

134. I think the police can be trusted not to ill-treat innocent people. (a) yes, (b) in between, (c) no.

139. I admire the beauty of a fairy tale more than that of a well-made gun. (a) yes, (b) uncertain, (c) no.

143. I am properly regarded as only a plodding, half-successful person. (a) yes, (b) uncertain, (c) no.

145. I think the spread of birth control is essential to solving the world's economic and peace problems. (a) yes, (b) uncertain, (c) no.

167. I think it is wiser to keep the nation's military forces strong than just to depend on international goodwill. (a) yes, (b) in between, (c) no. 169. I think society should let reason lead it to new customs and throw aside old habits or mere traditions. (a) yes, (b) in between, (c) no. 170. My viewpoints change in an uncertain way because I trust my feelings more than logical reasoning. (a) true, (b) to some extent, (c) false. 176. If asked to work with a charity drive, I would: (a) accept, (b) uncertain, (c) politely say I'm too busy.

187. I am sure there are no questions that I have skipped or failed to answer properly, (a) yes, (b) uncertain, (c) no.

Mr. LYONS. You could buy a book and that will tell you how to pass this examination. The Air Traffic Controllers in Los Angeles, part of the committee we set up to investigate this, contacted various clinics and so forth and they were told the various books to purchase to give the proper answers to this psychological test. That shows you how worthless this whole program is and I do not know the amount of money that was invested in it. But I know that it was quite a tidy

sum.

This same sum of money could have been utilized to repair or purchase additional safety aids which have not been purchased by the Federal Aviation Agency which are needed and which have to be deferred due to budgetary and economy reasons, and they are in need of new radar equipment. Radar could have been obtained-part of it anyway-in certain areas if they forgot about this most foolish psychological program that has been going on. There are 25,000 air traffic controllers throughout the country, so you can see the amount of money involved in this, let alone the computers involved and the number of psychiatrists that they have hired and the schools that they have had to set up relative to this entire psychological testing system that has been introduced by the FAA.

Senator ERVIN. A lot of these air traffic controllers are having to work at airports where they have either no facilities for safety or where they have very inadequate ones; is that it?

Mr. LYONS. Absolutely correct. We have brought this to the attention of the FAA many times when there have been breakdowns. At times, along the eastern seaboard, which was the early part of last year, there was a tremendous amount of breakdowns and we obtained their report and it was marked "inefficient"-practically all of their air flight facilities. Many of their devices were off key and they needed additional help and additional money and they could not get it. We of course brought this to the attention of Senator Monroney and the House side and they did correct many of the inequities, but there are still many inequities that need correcting, but due to money they cannot do it.

Senator ERVIN. Does your statement disclose the fact that on several occasions you protested the use of these questionnaires and you were assured through Members of Congress that its use had been discontinued-they were no longer being used?

Mr. LYONS. That is absolutely incorrect, because we have an air controller here today who was supposed to take it yesterday. In Moline they were forced to take it last Friday. Throughout our office we received calls from Monday until this morning of air traffic controllers that did not answer all the questions and were called back to answer them. In fact, we have a letter which we will present to you, I believe it is dated only last Friday, informing these air traffic controllers that they must take the exam.

At the Buffalo tower, all the air traffic controllers refused to take the examination. The FAA sent a team of psychiatrists and supervisors up there and threatened them to take it or else, and they had to take it. These people were told that if they do not take it

they were going to lose their jobs. FAA is not telling Congress the truth and they are not telling the Civil Service Commission the truth, and of course, what I would like to see actually in this billif this bill passes-that a monitoring system or a separate agency of some type be set up other than the Civil Service Commission. Be cause the Civil Service Commission, in my opinion, is nothing but a rubberstamp for these Federal agencies anyway. They are not going to make sure that the provisions of this bill are lived up to in the way you intend it to be lived up to. We are constantly forced to go into court to protect the rights of Federal employees. We have handled more cases in courts for Federal employees than anyone else in this country. These cases were against the Internal Revenue, Navy Department, Department of the Army, and so forth. We had to protect the rights of these employees.

Senator ERVIN. That was one reason I included in S. 3779 the provisions for the civil remedies as well as criminal punishment for violation.

The subcommittee conducted investigations a considerable number of months ago into the field of psychological testing and we ran into questionnaires that had a preponderant number of questions of an insulting nature in which one was required to evaluate the kind of person his parents were, what kind of woman his wife was. They also included questions on religious subjects and insulting questions with relation to sex. We were assured at that time that these agencies were discontinuing these psychological questionnaires and I had hoped that it would be done. But it has not been done. The practice of giving them does not seem to have been abated very much.

Mr. LYONS. No; it has not.

Mr. LYMAN. To the contrary. As of yesterday, here is a quote made to an employee:

Unless you take this examination and answer all questions, leaving a minimum of four unanswered, you can consider the possibility of having your air traffic control certificate suspended and you will be no longer able to control traffic.

Statement after statement such as this has been made throughout eastern and central regions, Oklahoma, Los Angeles, and every place that this examination has appeared. The employees take it. They laugh about it afterward and say, "Well, what was the intent of the questions?" But the concern is, where do we go from here? What happens next year when they come back and this supposedly is going to be a recurring psychological examination on the anniversary of the man's birthday. These questions are here this year and it is haphazardly administered. What will happen next year if he flatly refuses to take it next year or if he goes through the procedure of leaving numerous questions unanswered? Will he be separated or considered as strange by his fellow employees? These answers are not being given to the controllers. If they could be given, possibly, this would alleviate some fear, but again, to imply that employees of the agency after 15 years are suddenly psychotic is hard for anybody and especially in light of the fact that there are no proven psychotics, they have not been disclosed through this psychological examination, prior to it.