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CONTENTS

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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) ---

Witnesses;

Ervin, Hon. Sam J., Jr., chairman, Subcommittee on Constitutional

Rights.

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,

research director.

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

assistant.

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

of AFI-CIO..

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,

legislative representative.

Speiser, Lawrence, director, Washington office, American Civil Liber-

ties Union

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

director

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

School

Goldberg, Sydney, editor, Government Employees Exchange

115

262

298

348

346

338

336
337
Page

345

340
452
597

834

891

553

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,

national president-

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..

APPENDIX

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.--

Articles:

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 orders:

Executive Order 9830, amending the civil service rules and providing

for Federal personnel administration..

Executive Order 10450, “Security Requirements for Government

Employment”

Executive Order 10927, providing for the conduct of fundraising ac-

tivities.-

Executive Order No. 10988, “Employee-Management Cooperation

in the Federal Service''.

Executive Order 11222, prescribing standards of ethical conduct for

Government officers and employees..
Letters:

Correspondence between Subcommittee Chairman Sam J. Ervin, Jr.,
and Civil Service Commission Chairman John W. Macy, Jr.:

Minority group status questionnaires..
Financial disclosures forms...
Personality tests----
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

Administration (testing).-
Correspondence: Medical history form 89.

902

786

689

619

371
520
423
597

560

ܙܙܢ

Letters—Continued

Defense Department, September 26, 1966, re revised regulations,

Page

security program.

689

Ervin, Senator Sam J., Jr., chairman, Constitutional Rights Sub-

committee to President Lyndon B. Johnson, August 3, 1966, and

reply

367

Ervin, Senator Sam J., Jr., and Defense Department, concerning
coercion to buy bonds and make charitable contributions..

487
Internal Revenue Service to subcommittee chairman.

349, 360
Correspondence relating to use of closed-circuit TV-

687

Regulations:

Army Department: Office of Civil Defense, May 20, 1966: “Stand-

ards of Conduct".

41

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.--.

606

Civil Service Commission-

Employee responsibilities and conduct implementing Executive

Order 11222, prescribing standards of ethical conduct for

Government officers and employees..

630

Employment under work release provisions of Prisoner Rehabili-
tation Act of 1965 (FPM Letter 213-8) -

662
Equal employment opportunity: Agency plans of action, Bulle-
tin No. 713-5, September 1, 1966.-

657

Equal employment opportunity regulations, February 24, 1966

(FPM Letter 713-3) -

643

Federal Personnel Manual, chapter 250; subchapter 3, “Guides
for Implementing Personnel Management Objectives”.

564
Federal Personnel Manual Letter No. 731-2, August 15, 1966,

"Policies and Procedures Relating to the Federal Employment
of Persons With Criminal Records”.

659
Minority group statistics system March 4, 1966 (FPM Letter
293-5)

653

Procedures for reviewing agency effectiveness of communications

during personnel management inspections. --

563

Defense Department Directive, 5500.7; "Standards of Conduct”.

42

Federal Maritime Commission Order No. 52, July 20, 1966.---

408

Foreign Affairs Manual Circular, June 24, 1965; "Review of Perform-

ance Rating and Development Appriasal Reports”

46

Foreign Affairs Manual, volume 3, personnel (577.2–578.3).

47

Internal Revenue Service policy and regulations, right to counsel. 555

Questionnaires:

Confidential statement of employment and financial interests. 36, 66

Development appraisal report; Department of State; U.S. Information

Agency-

45

Minority group status identification form..

371

Optional Form 9, supplemental application for overseas positions.. 595

Personnel survey questionnaire..

566

Standard Form 57, application for Federal employment.

581

Standard Form 78, certificate of medical examination, Civil Service

Commission.

609

Standard Form 85, security investigation data for nonsensitive
positions

587

Standard Form 86, security investigation data for sensitive positions. 589

Standard Form 87 (fingerprints)--

593

Standard Form 88, report of medical examination.

614

Standard Form 89, report of medical history-

599

Standard Form 90, health qualification placement record.

616

H.R. 62, 89th Congress (employees' right to examine and reply to evalua-

tions of promotion qualifications).

687

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---

874

IVACY AND THE RIGHTS OF FEDERAL EMPLOYEES

FRIDAY, SEPTEMBER 23, 1966

U.S. SENATE,
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 ;

things:

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