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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; and 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_.

Hallbeck, 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, Hon. 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 AFL-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.

1

17

293

8

317

312

115

262

298

Bible, Hon. Alan, a U.S. Senator from Nevada____
Cannon, Hon. Howard, a U.S. Senator from Nevada..

336

337

Freedman, Prof. Monroe H., George Washington University Law
School

345

Statements and Views-Continued

Kavanagh, J. Brooke, president, American Federation of Government
Employees, Lodge 1801, September 19, 1966---.

Page

544

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Griswold, Ervin N., "The Right To Be Let Alone," 55 Northwestern
University Law Review, 216_.

891

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 I-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___

902

786

Executive Order 11222, prescribing standards of ethical conduct for
Government officers and employees---.

619

Letters:

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

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Correspondence between subcommittee chairman and Social Security
Administration (testing)-

452

Correspondence: Medical history form 89...

597

Letters Continued

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

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

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

reply...

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..

Page

689

487

349, 360
687

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
293-5) -

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. -

Questionnaires:

662

657

564

659

653

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695, 920

576

726

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

Executive Order...

Regulations___

Subcommittee survey of agency disclosure programs.

וווווווו

Subsection (k) right to presence of counsel or others at certain inter-
rogations__

Selected newspaper and magazine articles and editorials concerning S. 3779,

privacy and employee rights--

Speeches:

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

U.S. SENATE,

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The 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 ll 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, ussell of South Carolina, McCarthy, Bennett, Fannin, Young of hio, Yarborough, Byrd of Virginia, Bartlett, Mundt, Thurmond, [cIntyre, Sparkman, Cannon, Miller, Simpson, Jordan of North arolina, Allott, Muskie, Inouye, Saltonstall, Williams of New Jery. Tower, Prouty, Brewster, and Griffin.

(The bill, S. 3779, follows:)

[S. 3779, 89th Cong., 1st sess.]

BILL To protect the 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

Be it enacted by the Senate and House of Representatives of the United Etates of America in Congress assembled,

SECTION 1. It shall be unlawful for any officer of any executive department r any executive agency of the United States Government, or for any person eting or purporting to act under his authority, to do any of the following hings:

(a) To require, or request, or to attempt to require or request, any employee f the United States serving in the department or agency or any person seeking ployment in the executive branch of the United States Government, to disclose his race, religion, or national origin, or the race, religion, or national Origin of any of his forebears;

(b) To call or hold, or to sanction the calling or holding of, any assemblage, discussion, or lecture which is designed to advise, instruct, or indoctrinate any mployee 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 or agency;

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