S. 782

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000400040003-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 21, 2016
• Document Release Date: August 29, 2006
• Sequence Number: 3
• Publication Date: January 31, 1969
• Content Type: REGULATION

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91sT CONGRESS
2D SESSION
Calendar No. 876
Se782
[Report No. 91-873]
IN THE SENATE OF THE UNITED STATES
JANUARY 31,1969
Mr. ERVIN (for himself, Mr. BAYII, Mr. BIBLE, Mr. BROOKE, Mr. BURDICK, Mr.
BYRD of Virginia, Mr. Ci ruRCIi, Mr. CooK, Mr. COOPER, Mr. DODD, Mr.
DOLE, Mr. DOMINICK, Mr. EAGLETON, Mr. FANNIN, Mr. FONG, Mr. GOLD-
WATER, Mr. GRAVEL, Mr. GURNEY, Mr. IIANSEN, Mr. IIARTKE, Mr. IIATFIELD,
Mr. IIRUSKA, Mr. INOUYE, Mr. JORDAN of North Carolina, Mr. JORDAN of
IDAHO, Mr. MCCAR,TIIY, Mr. MCGEE, Mr. MCGOVERN, Mr. MCINTYRE, Mr.
MAGNUSON, Mr. MATIIIAS, Mr. METCALF, Mr. MILLER, Mr. MONTOYA, Mr.
MUNDT, Mr. MURPHY, Mr. MUSKIE, Mr. NELSON, Mr. PE ARSON, Mr. PERCY,
Mr. PROUTY, Mr. PI:oxMIRE, Mr. RANDOLPIT, Mr. SAXBE, Mr. SCIIWEIKER,
Mr. SCOTT, Mr. SPARKMAN, Mr. SPONG, Mr. STEVENS, Mr. TALMADGE, Mr.
TTIURMOND, Mr. TOwim., Mr. TYDINGS, Mr. WILLIAMS of New Jersey, and
Mr. YARBOROUGII) introduced the following bill; which was read twice and
referred to the Con-unitive on the Judiciary
MAY 15, 1970
Reported by Mr. ERVIN, with amendments
A BILL
To protect the civilian employees of the executive branch of the
United States Government in the enjoyment of their con-
stitutional rights and to prevent unwarranted governmental
invasions of their privacy.
it Be it enacted by the Senate and House of Representa-
2 Lives of the United States of America in Congress assembly ..~~~- C;1F F'a':_ies
3 SECTION 1. It shall be unlawful for any officer of any
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executive department or any executive agency= of the United
States Government, or for any person acting or purporting
to act under his authority, to do any of the following things:
(a.) To require or request, or to attempt to require or
request, any civilian employee of the United States serving
in the department or agency, or any person seeking employ-
ment in the executive branch of the United States Govern-
ment, to disclose his race, religion, or national origin, or
the race, religion, or national origin of away of his fore-
bears: Provided, how (Ter, That nothing contained in this
subsection shall be construed to prohibit inquiry concerning
the citizenship of any such employee or person if his, citizen-
ship is a statutory condition of his obtaining or retaining his
enmploVmnent : Provided furthcr, That nothing contained in
this subsection shall he construed to prohibit inquiry coneern-
16 in(,; the national origin or citizcrrslrij) of any sau?la eruploy-ec or
Ircr.san or of his f orr=1-ctrs, wheal such inquiry is deemed
necessary or advisable to determine suitability for assi ianent
to activities or undertakings related to the naational security
within the United States or to activities or undertakings of
any mature outside the United States.
(b) To state or intimate, or to attempt to stItc or inti-
mate, to any civilian enil-loyee of the TTnited States serving;
in the department or agency that any notice will he taken of
his attendance or hack of aallciidama 'c at any assemblage. di,-,-
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.1 cussion, or lecture held or called by any officer of the execu-
2 tive branch of the United States Government, or by any per-
3 son acting or purporting to act tinder his authority, or by any
4 outside parties or organizations to advise, instruct, or in-
5 doctrinate any civilian employee of the United States serving
6 in the department or agency in respect to any matter or
7 subject other than the performance of official duties to which
8 he is or may be assigned in the department or agency, or
9 the development of skills, knowledge, or abilities which
10 qualify him for the performance of such duties : Provided,
11 however, That nothing contained in this subsection shall be
12 construed to prohibit taking notice of the participation of a
13 civilian employee in the activities of any professional group
14 or association.
15 (c) To require or request, or to attempt to require or
16 request, any civilian employee of the United States serving
17 in the department or agency to participate in any way in
18 any activities or undertakings unless such activities or under-
19 takings are related to the performance of official duties to
20 which he is or may be assigned in the department or agency,
21 or to the development of skills, knowledge, or abilities which
22 qualify him for the performance of such duties.
(d) To require or request, or to attempt to require
or request, any civilian employee of the United States serv-
ing in the department or agency to make any report con-
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1 cerning any of his activities or undertakings unless such
2 activities or undertakings are related to the performance of
official duties to which he is or may he assigned its the
department or agency, or to the development of skills, knowl-
edge, or abilities which qualify him for the performance of
such duties, or unless there is reason to believe that the
civilian employee is engaged in outside activities or etnploy-
8 meat in conflict with his official duties.
9 (e) To require or request, or to attempt to require or
t0 request, any civilian employee of the United States serving
Il in the department or agency, or any person applying for
12 employment as a civilian employee in time executive bratnclt
13 of the United States Government, to submit to any interroga-
14 tion or examination or to take any psychological test which
15 is designed to elicit from him information concerning his
16 personal relationship with any person connected with 1dm
17 by blood or anarrintge, or ccoucer$iitao' his religious beliefs or
18 practices, or concerning his attitude or conduct with respect
19 to sexual matter,,: Provided, however, That nothing eon-
20 tamed in this subsection shall be construed to prevent
21 a physician from eliciting such information or authorizing
such tests in the, diagnosis or treatment of any civilian
employee or applicant where such physician deems such
information necessary to enable him to determine whether
or not such individual is suffering from mental illness : Pro-
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1 vided further, however, That this determination shall be made
2 in individual cases and not pursuant to general practice or
3 regulation governing the examination of employees or appli-
4 cants according to grade, agency, or duties : Provided further,
5 however, That nothing contained in this subsection shall be
6 construed to prohibit an officer of the department or agency
7 from advising any civilian employee or applicant of a specific
S charge of sexual misconduct made against that person, and
9 affording him an opportunity to refute the charge.
10 (f) To require or request, or attempt to require or
1.1 request, any civilian employee of the United States serving
-12 in the department or agency, or any person applying for
13 employment as a civilian employee in the. executive branch
14 of the United States Government, to take any polygraph
15 test designed to elicit from him information concerning his
1-6 personal relationship with any person connected with him
17 by blood or marriage, or concerning his religious beliefs or
18 practices, or concerning his attitude or conduct with respect
19 to sexual matters.
20 (g) To require or request, or to attempt to require
or request, any civilian employee of the United States serving
in the department or agency to support by personal endeavor
or contribution of money or any other thing of value the
nomination or the election of any person or group of persons
to public office in the Government of the United States or of
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any State, district, Conunonw?ealtb, territory, or possession
of the United States, or to attend any meeting held to pro-
3 mote or support the activities or undertakings of any political
4 party of the United States or of any State. district. Common-
5 wealth, territory, or possession of the United States.
ti (h) To coerce or attempt to coerce any civilian
7 employee of the United States serving in the department or
8 agency to invest his earnings in bonds or other obligations
`j or securities issued by the United States or a any of its depart-
1() meats or agencies, or to make donation, to any institution
11 or cause of any kind: Provided, however, That nothing con-
tained in this subsection shall be construed to prohibit any
13 officer of any executive department or any executive agency
14 of the United States Government, or any person acting or
15 purporting to act under his authority, from calling meetings
16 and taking any action appropriate to afford any civilian em-
17 ployee of the United States the opportunity voluntarily to
18 invest his earnings in bonds or other obligations or securities
19 issued by the United States or any of its departments or
20 agencies, or Voluntarily to make donations to any institution
21 or cause.
22 (i) To require or request, or to attempt to require
23 or request, any civilian employee of the United States
serving in the department or agency to disclose any items
of his property, income, or other assets. source of income,
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1. or liabilities, or his personal or domestic expenditures or
2 those of any member of his family or household: Provided,
3 however, That this subsection shall not apply to any civilian
4 employee who has authority to make any final determination
5 with respect to the tax or other liability of any person, cor-
6 poration, or other legal entity to. the United States, or
7 claims which require expenditure of moneys of the United
8 States: Provided further, however, That nothing contained
9 in this subsection shall prohibit the Department of the
10 Treasury or any other executive department or agency of
11 the United States Government from requiring any civilian
12 employee of the United States to make such reports as may
13 be necessary or appropriate for the determination of his
14 liability for taxes, tariffs, custom duties, or other obliga
15 tions imposed by law.
16 (j) To require or request, or to attempt to require
17 or request, any civilian employee of the United States
18 embraced within the terms of, the proviso in subsection
19 (i) -to disclose any items of his property, income, or
20 other assets, source of income, or liabilities, or his personal
21 or domestic expenditures or those of any member of his
22 family or household other than specific items tending to
23 indicate a conflict of interest in respect to the perform-
24 ance of any of the official duties to which he is or may be
25 assigned.
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1 (k) To require or request, or to attempt to require or
2 request. MIN, civilian elaallluyce of the I'aiited States serving
3 in the dellartiiicnt or agency, who is under investigation for
4 misconduct. to til-talit to interrogation which could lead to
5 disc'il-lilllary action without the pr(-enc?c' of coulisel or other
t, person of his choice, if he so requests: Proci(lcrl, hurrwcccr,
7 '1'hut a ririlitrrt etrt/rlrryur of the I ruled States serr'uUJ in the
h C'entr'al Intelligence Agency or the Votionul SecuritY Agency
9 may be cwecrrutlxrrticcl only by rt loci-son of his choice who scrres
10 in the rtr/(nc'r/ in which the c-rrlrloJcc scr'r-es, ur by (OUfscl who
11 has been a p prureil by the agency for rtcccss to the in f of in(Ition
12
i ttrvl t ecl.
13 (I) To discharge, discipline, (leul+ote, detly promotion
14 to, relocate. reassign, or utht'rwlkf' discriminate in regard to
15 a IIV tcrtla or condition of cuilplovnlcut c-f. any. civilian eni-
16 1-loyee of Ow 1'nit 'd States serV'ing in the deportincut or
17 ilg('l cy, or to tIiretltt`II to commit any of su('11 acts, by i'easoli
18 of the refusal or failure of silc?h cullllovee to submit to or
19 eoniply with ally rUcltlireilic'Itt, request, or action illade u1i-
20 lawful l-v this Act, or IIY reason of the exercise hY such
21 civilian employee of any right granted or secured by this
22 A ct.
23 SEc. 2. It shall he unlawful for any officer of the Liiited
24 States Civil Service Commission, or for any heron acting
25 or purporting to acct tinder his authority, to do any of the
26 following things:
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I (a) To require or request, or to attempt to require or
2 request, any executive department or any executive agency
3 of the United States Government, or any officer or employee
4 serving in such department or agency, to violate any of the
5 provisions of section 1 of this Act.
6 (b) To require or request, or to attempt to require or
7 request, any person seeking to establish civil service status
8 or eligibility for employment in the executive branch of the
9 United States Government, or any person applying for em-
10 ployment in the executive branch of the United States Gov-
1.1 ernment, or a.ny civilian employee of the United States
12 serving in any department or agency of the United States
13 Government, to submit to any interrogation or examination
14 or to take any psychological test which is designed to elicit
15 from him information concerning his personal relationship
with any person connected with him by blood or marriage,
or concerning his religious beliefs or practices, or concerning
his attitude or conduct with respect to sexual matters : Pro-
vided, however, That nothing contained in this subsection
shall be construed to prevent a physician from eliciting such
information or authorizing such tests in the diagnosis or
treatment of any civilian employee or applicant where such
physician deems such information necessary to enable him
to determine whether or not such individual is suffering
from mental illness : Provided further, however, That this
IS. 782= 2
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1 determination shall be made in individual cases and not pur-
suant to general practice or regulation governing the exaini-
nation of employees or applicants according to grade, agency,
or duties: Provided further, ho:re cr?, That nothing contained
in this subsection shall be construed to prohibit an officer of
the Civil Service Commission frw-?n advising any civilian
employee or applicant of a specific charge of sexual miscon-
duct made against that person, and affording lain an oppor-
9 tunity to refute the charge.
10 (c) To require or request, or to attempt to require
11 or request, any person seeking to establish civil service
1=' status or eligibility for employmaaent in the executive branch
of the I7nit.cd States Government, or any person applying
for employment in the executive 1-ranell of the ITnited States
Government, or any civilian employee of the United States
serving in any departinent or agency of the United States
Government, to take any polygraph test designed to elicit
from him information concerning his personal relationship
19 with any person connected with hiasa by blood or marriage,
20 or concerning his religious beliefs or practices, or concerning
r1i
his attitude or conduct with respect to sexual matters.
SEC. 3. Tt shall be unlawful for any commmiiissioned officer,
as defined in section lot of title 10, United States Code, or
any member of the Arnied Forces actin