PRIVACY AND THE RIGHTS OF FEDERAL EMPLOYEES

THURSDAY, JUNE 13, 1968

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON MANPOWER AND CIVIL SERVICE

OF THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE,

Washington, D.C. The subcommittee convened at 10:10 a.m., in room 210, Cannon Building, Hon. David N. Henderson (chairman of the subcommittee) presiding.

Mr. HENDERSON. The subcommittee will come to order.

This morning we are beginning hearings on the issue of the protection of rights and invasion of privacy of the civilian employees of the Federal Government.

The subcommittee has before it a bill which passed the Senate September 13, 1967, S. 1035, authored by my able colleague from North Carolina, Senator Sam Ervin. Bills on this subject have also been introduced by 11 of my colleagues in the House, including Congressman Cunningham of the Committee on Post Office and Civil Service. On Tuesday, June 11, 1968, I, too, introduced a bill, H.R. 17760, relative to this vital manpower management area.

We are this morning beginning the hearings by first hearing from administration spokesmen the need as determined by management and the impact of the proposed legislation on Government operations. It is a pleasure to hear first from the Chairman of the Civil Service Commission, the Honorable John W. Macy.

Mr. Macy, it is always a pleasure to have you and your colleagues before the subcommittee; and I welcome Mr. Andolsek as well as the Chairman, and Mr. Hampton. We have the full Commission this morning, and we appreciate your appearance here today.

Mr. MACY. And our new General Counsel, Mr. Mondello.

Mr. HENDERSON. It is a pleasure to have you, sir.

(The bills under consideration in this hearing, S. 1035 and H.R. 17760, are as follows:)

90TH CONGRESS 1ST SESSION

S. 1035

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 14, 1967

Referred to the Committee on Post Office and Civil Service

AN ACT

To protect the civilian employees of the executive branch of the United States Government in the enjoyment of their constitutional rights and to prevent unwarranted governmental invasions of their privacy.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, SECTION 1. It shall be unlawful for any officer of any

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4 executive department or any executive agency of the United 5 States Government, or for any person acting or purporting 6 to act under his authority, to do any of the following things: (a) To require or request, or to attempt to require or

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8 request, any civilian employee of the United States serving

9 in the department or agency, or any person seeking employ

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1 ment in the executive branch of the United States Govern2 ment, to disclose his race, religion, or national origin, or 3 the race, religion, or national origin of any of his fore4 bears: Provided, however, That nothing contained in this 5 subsection shall be construed to prohibit inquiry concerning 6 the citizenship of any such employee or person if his citizen7 ship is a statutory condition of his obtaining or retaining his 8 employment: Provided further, That nothing contained in 9 this subsection shall be construed to prohibit inquiry concern10 ing the national origin of any such employee when such in11 quiry is deemed necessary or advisable to determine suit12 ability for assignment to activities or undertakings related to 13 the national security within the United States or to activities 14 or undertakings of any nature outside the United States. (b) To state or intimate, or to attempt to state or inti16 mate, to any civilian employee of the United States serving 17 in the department or agency that any notice will be taken of 18 his attendance or lack of attendance at any assemblage, dis19 cussion, or lecture held or called by any officer of the execu20 tive branch of the United States Government, or by any per21 son acting or purporting to act under his authority, or by any 22 outside parties or organizations to advise, instruct, or in23 doctrinate any civilian employee of the United States serving 24 in the department or agency in respect to any matter or 25 subject other than the performance of official duties to which 26 he is or may be assigned in the department or agency, or

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1 the development of skills, knowledge, or abilities which 2 qualify him for the performance of such duties: Provided, 3 however, That nothing contained in this subsection shall be 4 construed to prohibit taking notice of the participation of a 5 civilian employee in the activities of any professional group 6 or association.

7 (c) To require or request, or to attempt to require or 8 request, any civilian employee of the United States serving 9 in the department or agency to participate in any way in 10 any activities or undertakings unless such activities or under11 takings are related to the performance of official duties to 12 which he is or may be assigned in the department or agency, 13 or to the development of skills, knowledge, or abilities which 14 qualify him for the performance of such duties.

15 (d) To require or request, or to attempt to require

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or request, any civilian employee of the United States serv17 ing in the department or agency to make any report con18 cerning any of his activities or undertakings unless such 19 activities or undertakings are related to the performance of 20 official duties to which he is or may be assigned in the 21 department or agency, or to the development of skills, knowl22 edge, or abilities which qualify him for the performance of 23 such duties, or unless there is reason to believe that the 24 civilian employee is engaged in outside activities or employ25 ment in conflict with his official duties.

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1 (e) To require or request, or to attempt to require or 2 request, any civilian employee of the United States serving 3 in the department or agency, or any person applying for 4 employment as a civilian employee in the executive branch 5 of the United States Government, to submit to any interroga6 tion or examination or to take any psychological test which 7 is designed to elicit from him information concerning his 8 personal relationship with any person connected with him 9 by blood or marriage, or concerning his religious beliefs 10 or practices, or concerning his attitude or conduct with re11 spect to sexual matters: Provided, however, That nothing 12 contained in this subsection shall be construed to prevent 13 a physician from eliciting such information or authorizing 14 such tests in the diagnosis or treatment of any civilian employee or applicant where such physician deems such 16 information necessary to enable him to determine whether 17 or not such individual is suffering from mental illness: Pro18 vided further, however, That this determination shall be made 19 in individual cases and not pursuant to general practice or 20 regulation governing the examination of employees or appli21 cants according to grade, agency, or duties: Provided further, 22 however, That nothing contained in this subsection shall be 23 construed to prohibit an officer of the department or agency 24 from advising any civilian employee or applicant of a specific 25 charge of sexual misconduct made against that person, and 26 affording him an opportunity to refute the charge.

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