« AnteriorContinuar »
Text of S. 3779, to protect the employees of the executive branch of the
U.S. Government in the enjoyment of their constitutional rights and to
prevent unwarranted governmental invasions of their privacy (text) ---
Ervin, Hon. Sam J., Jr., chairman, Subcommittee on Constitutional
Fong, Hon. Hiram, U.S. Senator from the State of Hawaii..
Burnett, Mary M., chairman, legislative committee, Women's Bar
Association of the District of Columbia...
Connery, Vincent L., national president, National Association of
Internal Revenue Employees; accompanied by George Bursach,
executive secretary-treasurer; John Brady, legislative chairman;
Hardy Root, president, chapter 50; anil Glen Graves, attorney -
Griner, John F., national president, American Federation of Govern-
ment Employees; accompanied by Elmer G. Neumann, director,
employee-management relations department; and W. J. Voss,
Hallbeek, E. C., national president, United Federation of Postal
Clerks; accompanied by Patrick J. Nilan, legislative director-
Kabatchnik, Neil B., chairman, civil service law committee, the Bar
Association of the District of Columbia-
Keating, Jerome, president, National Association of Letter Carriers. -
Lyons, Kenneth T., national president, National Association of Gov-
ernment Employees; accompanied by Stan Lyman, legislative
Macy, llon. John W., Chairman, Civil Service Commission; accom-
panied by Commissioner Ludwig J. Andolsek, Commissioner Robert
E. Hampton, and L. M. Pellerzi, Counsel. -
McCart, John A., operations director, Government Employees Council
Ramspeck, Hon. Robert, former Chairman, Civil Service Commission;
consultant, Federal Professional Association; and Vincent Jay,
executive vice president.-
Speh, Francis J., president, 14th district department, American Fed-
eration of Government Employees; accompanied by Julius C. Meier,
first vice president and acting general counsel; and Jake V. Dennis,
Speiser, Lawrence, director, Washington office, American Civil Liber-
Westin, Prof, Alan F., research director, special committee on science
and law, the Association of the Bar of the City of New York..
Wolkomir, Nathan, national president, National Federation of Fed-
eral Employees; accompanied by Irving Geller, chief, legal staff;
and Harold E. Finnegan, legislative assistant.--
tatements and views:
American Civil Liberties Union, John D. Pemberton, Jr., executive
Anderson, Prof. Stanley V., University of California, Berkeley
Aviation Safety and Flight Inspection Association.
Bible, Hon. Alan, a U.S. Senator from Nevada ---
Cannon, Hon. Howard, a U.S. Senator from Nevada,
1 Freedman, Prof. Monroe H., George Washington University Law
Goldberg, Sydney, editor, Government Employees Exchange
Statements and Views--Continued
Kavanagh, J. Brooke, president, American Federation of Government
Employees, Lodge 1801, September 19, 1966..
National Association of Government Inspectors, William A. James,
Philadelphia Post Office Employees, Local 89, United Federation of
Postal Clerks (AFL-CIO)
Reich, Prof. Charles A., Yale Law School.
Riddle, Roy E., National Association of Government Engineers.-
Raucher, Walter L., AFGE Lodge 2144, Greendale, Wis..
Agency reports on S. 3779 (Received by Dec. 12):
Civil Service Commission.---
District of Columbia Redevelopment Land Agency -
Federal Coal Mine Safety Board of Review..
Federal Maritime Commission.
National Mediation Board..
Office of Emergency Planning-
President's Committee on Employment of the Handicapped..
Railroad Retirement Board..
Tax Court of the United States.
Tennessee Valley Authority --
U.S. Commission on Civil Rights.--
Creech, William A., "Psychological Testing and Constitutional
Rights,”_1966 Duke Law Journal, 332.-
Griswold, Ervin N., "The Right To Be Let Alone,” 55 Northwestern
University Law Review, 216---
Journal of the Armed Forces, May 7, 1966, “Standards of Conduct'
Manning, Bayless, "The Purity Potlach: An Essay on Conflicts of
Interest, American Government, and Moral Escalation,” 24 Federal
Bar Journal, 239---
Westin, Alan F., “Science, Privacy, and Freedom: Issues and Pro-
posals for the 1970's: Part 1-The Current Impact of Surveillance
on Privacy,” 66 Columbia Law Review 1003.-
Congressional Record, excerpts pertaining to legislative history of S. 3779.-
Executive Order 9830, amending the civil service rules and providing
for Federal personnel administration..
Executive Order 10450, “Security Requirements for Government
Executive Order 10927, providing for the conduct of fundraising ac-
Executive Order No. 10988, “Employee-Management Cooperation
in the Federal Service''.
Executive Order 11222, prescribing standards of ethical conduct for
Government officers and employees..
Correspondence between Subcommittee Chairman Sam J. Ervin, Jr.,
and Civil Service Commission Chairman John W. Macy, Jr.:
Minority group status questionnaires..
Financial disclosures forms...
Medical history questionnaires --
Complaint and grievance procedures -
Correspondence related to questionnaire to Federal employees who are
retired military personnel..
Correspondence between subcommittee chairman and the Federal
Aviation Agency (testing) -
Correspondence between subcommittee chairman and Social Security
Correspondence: Medical history form 89.
Defense Department, September 26, 1966, re revised regulations,
Ervin, Senator Sam J., Jr., chairman, Constitutional Rights Sub-
committee to President Lyndon B. Johnson, August 3, 1966, and
Ervin, Senator Sam J., Jr., and Defense Department, concerning
coercion to buy bonds and make charitable contributions..
Internal Revenue Service to subcommittee chairman.
Correspondence relating to use of closed-circuit TV-
Army Department: Office of Civil Defense, May 20, 1966: “Stand-
ards of Conduct".
June 17, 1966; Statement of Employment and Financial Interests;
DD Form 1555_-
Bureau of the Budget, Circular A-32, revised, May 3, 1962; standard
forms for medical examination and clinical health records.--.
Civil Service Commission-
Employee responsibilities and conduct implementing Executive
Order 11222, prescribing standards of ethical conduct for
Government officers and employees..
Employment under work release provisions of Prisoner Rehabili-
tation Act of 1965 (FPM Letter 213-8) -
Equal employment opportunity: Agency plans of action, Bulle-
tin No. 713-5, September 1, 1966.-
Equal employment opportunity regulations, February 24, 1966
(FPM Letter 713-3) -
Federal Personnel Manual, chapter 250; subchapter 3, “Guides
for Implementing Personnel Management Objectives”.
Federal Personnel Manual Letter No. 731-2, August 15, 1966,
"Policies and Procedures Relating to the Federal Employment
of Persons With Criminal Records”.
Minority group statistics system March 4, 1966 (FPM Letter
Procedures for reviewing agency effectiveness of communications
during personnel management inspections. --
Defense Department Directive, 5500.7; "Standards of Conduct”.
Federal Maritime Commission Order No. 52, July 20, 1966.---
Foreign Affairs Manual Circular, June 24, 1965; "Review of Perform-
ance Rating and Development Appriasal Reports”
Foreign Affairs Manual, volume 3, personnel (577.2–578.3).
Internal Revenue Service policy and regulations, right to counsel. 555
Confidential statement of employment and financial interests. 36, 66
Development appraisal report; Department of State; U.S. Information
Minority group status identification form..
Optional Form 9, supplemental application for overseas positions.. 595
Personnel survey questionnaire..
Standard Form 57, application for Federal employment.
Standard Form 78, certificate of medical examination, Civil Service
Standard Form 85, security investigation data for nonsensitive
Standard Form 86, security investigation data for sensitive positions. 589
Standard Form 87 (fingerprints)--
Standard Form 88, report of medical examination.
Standard Form 89, report of medical history-
Standard Form 90, health qualification placement record.
H.R. 62, 89th Congress (employees' right to examine and reply to evalua-
tions of promotion qualifications).
Paper: Westin, Alan F., professor of public law and government, Colum-
bia University, “The Impact of Technology on Privacy: Thé Debate
Over Psychological Testing," invited address to the American Psycho-
logical Association, September 2, 1966---
Selected complaints and data from subcommittee files relating to provisions
of S. 3779
Subsection (a) minority status and other questions..
Subsection (b), (c), (d), and (e) attendance at and reports on outside
meetings, and activities.
Subsection (f) patronizing business establishments--
Subsection (g) questioning on religion, sex, family relationships:
Subsection (h) support of political parties or candidates -
Subsection (i) coercion to buy bonds or donate to causes.
Subsection (j) disclosure of assets, liabilities or expenditures..
Subcommittee survey of agency disclosure programs -
Subsection (k) right to presence of counsel or others at certain inter-
Selected newspaper and magazine articles and editorials concerning S. 3779,
privacy and employee rights--
President Lyndon B. Johnson at Government equal employment
opportunity program, March 17, 1966.--
Hon. John W. Macy, Jr., chairman, U.S. Civil Service Commission,
September 13, 1966, Miami Beach, Fla.--
Survey of agency disclosure requirements; agency responses.-
IVACY AND THE RIGHTS OF FEDERAL EMPLOYEES
FRIDAY, SEPTEMBER 23, 1966
SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,
Washington, D.C. Che subcommittee met, pursuant to notice, at 10:40 a.m., in room 8, New Senate Office Building, Senator Sam J. Ervin, Jr., preing Present: Senator Ervin. Also present: George B. Autry, chief counsel and staff director; arcia J. MacNaughton, professional staff member; Lewis Evans, unsel. Senator Ervin. The subcommittee will come to order. Today the subcommittee begins 6 days of hearings on S. 3779, a 11 which I introduced on August 9 to protect the constitutional ghts of Government employees and prohibit unwarranted invasions
their privacy. The 35 cosponsors of this measuring, including 6 embers of this subcommittee, are Senators Fong, Bayh, Hruska, mathers, Burdick, Tydings, Eastland, Dirksen, Randolph, Bible, Lussell of South Carolina, McCarthy, Bennett, Fannin, Young of hio, Yarborough, Byrd of Virginia, Bartlett, Mundt, Thurmond, IcIntyre, Sparkman, Cannon, Miller, Simpson, Jordan of North 'arolina, Allott, Muskie, Inouye, Saltonstall, Williams of New Jerev, Tower, Prouty, Brewster, and Griffin. (The bill, S. 3779, follows:)
[S. 3779, 89th Cong., 1st sess.) 4 BILL To protect the employees of the executive branch of the United States Govern. ment in the enjoyment of their constitutional rights and to prevent unwarranted governmental invasions of their privacy 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 of any executive agency of the United States Government, or for any person arting or purporting to act under his authority, to do any of the following a) 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 Fuployment in the executive branch of the United States Government, to disclose his race, religion, or national origin, or the race, religion, or national dirigin of any of his forebears;
b) To call or hold, or to sanction the calling or holding of, any assemblage, discnssion, or lecture which is designed to advise, instruct, or indoctrinate any Employee of the United States serving in the department or agency in respect w ang matter or subject other than the performance of the task to which he is Or may be assigned in the department or agency ;