LETTER TO MR. RICHARD HELMS, DIRECTOR FROM CARL E. MUNDT U.S. SENATOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100010019-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 16, 2016
• Document Release Date: February 7, 2005
• Sequence Number: 19
• Publication Date: September 16, 1967
• Content Type: LETTER

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KARL E. MUNDT
MADISON. SOUTH DAKOTA
R. L. MCCAUGHEY
_ADMINISTIATIVE ASSISTANT
ROBERTA VAN BEEK
EXECUTIVE SECRETARY
WALTER C. CONAHAN
PRESS SECRETARY
ROBERT E. RUDDY
LEGISLATIVE ASSISTANT
'Cnifeb ,. tafez . ienafe
WASHINGTON. D.C. 20510
September 16, 1967
Mr. Richard Helms, Director
Central Intelligence Agency
Washington, D. C. 20505
ONS COMMITTEE
GOVERNMENT OPERATIONS COMMITTEE
SENATE INVESTIGATIONS SUBCOMMITTEE
ADVISORY COMMISSION ON
INTERGOVERNMENTAL RELATIONS
Your note of September 7, transmitting a copy of the letter
which you wrote to Senator Russell of Georgia on September 1,
reached my desk while I was out in South Dakota for the Labor Day
recess of Congress.
I do, however, want to take this means of informing you that
I completely agree with the reasoning and logic contained in your
letter to Chairman Russell. I am very hopeful that the modifications
and the legislative history on the legislation as it passed the Senate ear-
lier this week will combine to induce the conference between the House
and Senate conferees to protect the very proper interests of the C. I. A.
in this legislation. It is my continuing opinion that in the selection and
management of the personnel of our Central Intelligence Agency, those
in charge of it-should be provided with every opportunity to make cer-
tain that our national security is completely protected.
Thanking you for writing me as you did, and with warmest per-
sonal regards, I am
Cordially yours,
arl ki. Mun
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90TH CONGRESS
1ST SrsSION
S. 1035
IN TIIE ILOUSE OF REPRESENTATIVES
SEPTEMBER 14,19'67
Referred Io 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 con-
stitutional rights and to prevent unwarranted governmental
invasions of their privacy.
1 Be it enacted by the Senate and house of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. It shall be unlawful for any officer of any
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
7 (a) 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, or any person seeking employ-
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1 ment in the executive branch of the United States Govern-
2 ment, to disclose his race, religion, or national origin, or
3 the race, religion, or national origin of any of his fore-
4 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 citizen-
7 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 concern-
10 ing the national origin of any such employee when such in-
11 quirt' is deemed necessary or advisable. to determine suit-
12 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.
15 (b) To state or intimate, or to attempt to state or inti-
16 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, dis-
19 cussion, or lecture held or called by any officer of the execu-
20 tive branch of the United States Government, or by any per-
21 son acting or purporting to act under his authority, or by any
22 outside parties or organizations to advise, instruct, or in-
23 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
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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 under-
11 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
16 or request, any civilian employee of the United States sere-
17 ing in the department or agency to make any report con-
18 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, knowl-
22 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 employ-
25 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 t.la_e executive branch
5 of the United States Government, to submit to any interroga-
6 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 re-
11 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
such tests in the diagnosis or tr(atn;a-,nt 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 ;rental illness: Pro-
vided further, however, That this determination shall be made
in individual cases and not pursuant to general practice or
regulation governing the examination of employees or appli-
cants according to grade, agency, or duties : Provided further,
however, That nothing contained in this; subsection shall be
construed to prohibit an officer of the department or agency
from advising any civilian employee or t )plicant of a specific
charge of sexual misconduct made agai=sst that person, and
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(f) To require or request, or attempt to require or
request, any civilian employee of the United States serving
in the department or agency, or any person applying for
employment as a civilian employee in the executive ' branch
of the United States Government, to take 'any polygraph
test designed to elicit 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.
(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
any State, district, Commonwealth, territory, or possession
of the United States, or to attend any meeting held to pro-
mote or support the activities or undertakings of any political
party of the United States or of any State, district, Common-
wealth, territory, or possession of the United States.
(h) To coerce or attempt to coerce any civilian.
employee of the United States serving in the department or
agency to invest his earnings in bonds or other obligations
or securities issued by the United States or any of its depart-
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1 ments or agencies, or to make donatiolas to any institution
2 or cause of any kind: Provided, however, That nothing con-
3 tained in this subsection shall be construed to prohibit any
4 officer of any executive department or any executive agency
5 of the United States Government, or any person acting or
6 purporting to act under his authority, from calling meetings
7 and taking any action appropriate to afford any civilian em-
8 ployee of the United States the opportunity voluntarily to
9 invest his earnings in bonds or other obligations or securities
10 issued by the United States or any of its departments or
11 agencies, or voluntarily to make donations to any institution
12 or cause.
13 (i) To require or request, or to attempt to require
14 or request, any civilian employee of the United States
15
16
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serving in the department or agency to disclose any items
of his property, income, or other asset.}, source of income,
or liabilities, or his personal or dometic expenditures or
those of any member of his family or household: Provided,
however, That this subsection shall not apply to any civilian
employee who has authority to make an final determination
with respect to the tax or other liability of any person, cor-
poration, or other legal entity to the United States, or
claims which require expenditure of moneys of the United
States: Provided further, however, That nothing contained
25 in this subsection shall prohibit the.- Department of the
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1 Treasury or any other executive department or agency of
2 the United States Government from requiring any civilian
3 employee of the United States to make such reports as may
4 be necessary or appropriate for the determination of his
5 liability for taxes, tariffs, custom duties, or other obliga-
6 tions imposed by law.
(j) To require or request, or to attempt to require
8 or request, any civilian employee of the United States
9 embraced within the terms of the proviso in subsection
10 (i) to disclose any items of his property, income, or
11 other assets, source of income, or liabilities, or his personal
12 or domestic expenditures or those of any member of his
13 fancily or household other than specific items tending to
14 indicate a conflict of interest in- respect to the perform-
15 ance of any of the official duties to which he is or may be
16 assigned.
17 (k) To require or request, or to attempt to require or
18 request, any civilian employee of the United States serving
19 in the department or agency, who is under investigation for
20 misconduct, to submit to interrogation which could lead to
21 disciplinary action without the presence of counsel or other
22 person of his choice, if he so requests.
23 (1) To discharge, discipline, demote, deny promo-
24 tion to, relocate, reassign, or otherwise discriminate in
25 regard to any term or condition of employment of, any civil-
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1 ian employee of the United States serving in the department
2 or agency, or to threaten to commit my of such acts, by
3 reason of the refusal or failure of such employee to submit
4 to or comply with any requirement, request, or action made
5 unlawful by this Act, or by reason of the exercise by such
6 civilian employee of any right granted or secured by this
? Act.:
8 SEC. 2. It shall be unlawful for any officer of the United
9 States Civil Service Commission, or for any person acting
10 or purporting to act under his authorit y, to do any of the
11 following things :
12 (a) To require or request, or to attempt to require or
13 request, any executive department or any executive agency
18
20
of the United States Government, or any officer or employee
serving in such department or agency, to violate any of the
provisions of section 1 of this Act.
(b) To require or request, or to attempt to require or
request, any person seeking to establish civil service status
or eligibility for employment in the executive branch of the
United States Government, or any person applying for em-
21 ployment in the executive branch of the United States Gov-
22 ernment, or any civilian employee of the United States
23 serving in any department or agency of the United States
24 Government, to submit to any interroga.t.ion or examination
25 or to take any psychological test which s designed to elicit
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1 from him information concerning his personal relationship
2 with any person connected with him by blood or marriage,
3 or concerning his religious beliefs or practices, or concerning
4 his attitude or conduct with respect to sexual matters : Pro-
5 vided, however, That nothing contained in this subsection
6 shall be construed to prevent a physician from eliciting such
7 information or authorizing such tests in the diagnosis or
8 treatment of any civilian employee or applicant where such
9 physician deems such information necessary to enable him
10 to determine whether or not such individual is suffering
11 from mental illness Provided further, however, That this
12 determination shall be made in individual cases and not pur-
13 suant to general practice or regulation governing the exami-
14 nation of employees or applicants according to grade, agency,
15 or duties : Provided further, however, That nothing contained
16 in this subsection shall be construed to prohibit an officer of
17 the Civil Service Commission from advising any civilian
18 employee or applicant of a specific charge of sexual miscon-
19 duet made against that person, and affording him an oppor-
20 tunity to refute the charge.
21 (c) To require or request, or to attempt to require
22 or request, any person seeking to establish civil service
23 status or eligibility for employment in the executive branch
24 of the United States Government, or any person applying
S. 1035 2
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1 for employment in the executive branch. of the United States
2 Government, or any civilian employee of the United States
serving in any department or agency of the United States
4 Government, to take any polygraph test designed to elicit
from him information concerning his personal relationship
with any person connected with him b. blood or marriage,
7 or concerning his religious beliefs or practices, or concerning
8 his attitude or conduct with respect to sexual matters.
9 SEC. 3. It shall be unlawful for any commissioned officer,
10 as defined in section 101 of title 10, United States Code, or
11 any member of the Armed Forces acting or purporting to
12 act under his authority, to require or re guest, or to attempt
13 to require or request, any civilian emplcr,~Tee of the executive
14 branch of the United States Government tinder his authority
15 or subject to his supervision to perfor any of the acts or
16 submit to any of the requirements made unlawful by section
17 1 of this Act.
18 SEC. 4. Whenever any officer of alrv executive depart-
19 meat or any executive agency of the United States Gov-
20 ernment, or any person acting or purpor i ug to act under his
21 authority, or any commissioned officer as defined in section
22 101 of title 10, United States Code, or any member of the
23 Armed Forces acting or purporting to act under his author-
24 ity, violates or threatens to violate any of the provisions of
25 section 1, 2, or 3 of this Act, any civilian employee of the
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1 United States serving in any department or agency of the
2 United States Government, or any person applying for em-
3 ployment in the executive branch of the United States Gov-
4 ernment, or any person seeking to establish civil service
5 status or eligibility for employment in the executive branch
6 of the United States Government, affected or aggrieved by
.7 the violation or threatened violation, may bring a civil action
8 in his own behalf or in behalf of himself and others simi-
9 larly situated, against the offending officer or person in the
10 United States district court for the district in which the viola-
11 tion occurs or is threatened, or the district in which the
12 offending officer or person is found, or in the United States
13 District Court for the District of Columbia, to prevent the
14 threatened violation or to obtain redress against the conse-
15 quences of the violation. The Attorney General shall
16 defend all officers or persons sued under this section
17 who acted pursuant to an order, regulation, or directive,
18 or who, in his opinion, did not willfully violate the
19 provisions of this Act. Such United States district court
20 shall have jurisdiction to try and determine such civil action
21 irrespective of the actuality or amount of pecuniary injury
22 done or threatened, and without regard to whether the
.23 aggrieved party shall have exhausted any administrative
24 remedies that may be provided by law, and to. issue such
25 restraining order, interlocutory injunction, permanent in-
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1 junction, or mandatory injunction, or t;nter such other judg-
2 ment or decree as may be necessary or appropriate to prevent
3 the threatened violation, or to afford the plaintiff and others
4 similarly situated complete relief againit the consequences of
5 the violation. With the written consent of any person
6 affected or aggrieved by a violation or threatened violation
7 of section 1, 2, or 3 of this Act, any eriiployee organization
8 may bring such action on behalf of rich person, or may
9 intervene in such action. For the purposes of this section,
10 employee organizations shall be construed to include any
11 brotherhood, council, federation, organ ition, union, or pro-
12 fessional association made up in whole or in part of civilian
13 employees of the United States and which has as one of its
14 purposes dealing with departments, agencies, commissions,
15 and independent agencies of the United States concerning
1-6 the condition and terms of employment of such employees.
1-7 'SEC. 5. (a) There is hereby established a Board on
18 Employees' Rights (hereinafter referred It) as the "Board") .
19 The Board shall be composed of three `mmembers, appointed
20 by the President, by and with the a.dvi& and consent of the
21 Senate. The President shall designate oss.e member as chair-
22 man. No more than two members of t1 Board may be of
23 the same political party. No member of the Board shall be
24 an officer or employee of the United Stakes Government.
(b) The term of office of each rneniber of the Board
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1 shall be five years, except that (1) of those members first
2. appointed, one shall serve for five years, one for three years,
3 and one for one year, respectively, from the date of enact-
4 ment of this Act, and (2) any member appointed to fill
5 a vacancy occurring prior to the expiration of the term for
6 which his predecessor was appointed shall be appointed for
7 the remainder of such term.
8 (c) Members of the Board shall be compensated at the
9 rate of $75 a day for each day spent in the work of the
10 Board, and shall be paid actual travel expenses and per
11 diem in lieu of subsistence expenses when away from their
12 usual places of residence, as authorized by section 5703 of
13 title 5, United States Code.
14 (d) Two members shall constitute a quorum for the
15 transaction of business.
16 (e) The Board may appoint and fix the compensation
17 of such officers, attorneys, and employees, and make such
18 expenditures, as may be necessary to carry out its functions.
(f)
The Board shall make such rules and regulations
21
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as shall be necessary and proper to carry out its functions.
(g) The Board shall have the authority and duty to
receive and investigate written complaints from or on be-
half of any person claiming to be affected or aggrieved by
any violation or threatened violation of this Act and to con-
duct a hearing on each such complaint. Within ten days
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1 after the receipt of any such complaint, the Board shall
2 furnish notice of the time, place, and hature of the hearing
3 thereon to all interested parties. The Board shall render
4 its final decision with respect to any complaint within thirty
5 days after the conclusion of its hearing thereon.
6 (h) Officers or representatives of axiy Federal employee
7 organization in any degree concerned with employment of
the category in which any alleged violation of this Act
occurred or is threatened shall be giveai an opportunity to
participate in each hearing conducted under this section,
through submission of written data, views, or arguments,
and in the discretion of the Board, with opportunity for oral
presentation. Government employees called upon by any
party or by any Federal employee organization to participate
in any phase of any administrative or judicial proceeding
under this section shall be free to do -':o without incurring
travel cost or suffering loss in leave or pay; and all such em-
ployees shall be free from restraint, coercion, interference,
intimidation, or reprisal in or because of their participation.
Any periods of time spent by Governmeat employees during
such participation shall be held and consedered to be Federal
employment for all purposes.
(i) Insofar as consistent with the purposes of this sec-
tion, the provisions of subchapter II of hapter 5 of title 5,
United States Code, relating to the furnishing of notice and
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1 manner of conducting agency hearings, shall be applicable
2 to hearings conducted by the Board under this section.
3 (j) If the Board shall determine after hearing that a
4 violation of this Act has not occurred or is not threatened,
5 the Board shall state its determination and notify all inter-
6 ested parties of such determination. Each such determin.a-
7 Lion shall constitute a final decision of the Board for pur-
8 poses of judicial review.
9 (k) If the Board shall determine that any violation
10 of this Act has been committed or threatened by any civil-
11 ian officer or employee of the United States, the Board shall
12 immediately (1) issue and cause to be served on such of-
13 ficer or employee an order requiring such officer or employee
14 to cease and desist from the unlawful act or practice which
15 constitutes a violation, (2) endeavor to eliminate any such
16 unlawful act or practice by informal methods of conference,
17 conciliation, and persuasion; and (3) may-
18 (A) (i) in . the case of the first offense by any
19 civilian officer or employee of the United States, other
20 than any officer appointed by the President, by and with
21 the advice and consent of the Senate, issue an official
22 reprimand against such officer or employee or order the
23 suspension without pay of such officer or employee from
24 the, position or office held by him for a period of not to
25 exceed fifteen days, and (ii) in the case of, a second
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1 or subsequent offense by any such officer or employee,
2 order the suspension without pay ol" such officer or em-
3 ployee from the position or office held by him for a
4 period of not to exceed thirty days or order the removal
5 of such officer or employee from su(-h position or office;
and
(B) in the case of any offensrt by any officer ap-
8 pointed by the President by and with the advice and
9 consent of the Senate, transmit a report concerning such
10 violation to the President and the Congress.
11 (1) If the Board shall determine that any violation
12 of this Act has been committed or threatened by any officer
13 of any of the Armed Forces of the United States, or any
14 person purporting to act under authority conferred by such
15 officer, the Board shall (1) submit a report thereon to the
16 President, the Congress, and the Secretary of the military
department concerned, (2) endeavor to eliminate any un-
lawful act or practice which constitutes such a violation by
informal methods of conference, concilia:,ion, and persuasion,
and (3) refer its determination and t Lo record in the case
to any person authorized to convene gt;neral courts martial
under section 822 (article 22) of titl, k 10, United States
Code. Thereupon such person shall take immediate steps
to dispose of the matter under chapter 47 of title 10, United
States Code (Uniform Code of Military Justice) .
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Any party aggrieved by any final determination
2 or order of the Board may institute, in the district court of
3 the United States for the judicial district wherein the viola-
4 tion or threatened violation of this Act occurred, or in the
5 United States District Court for the District of Columbia,
6 a civil action for the review of such determination or order.
7 In any such action, the court shall have jurisdiction to (1)
8 affirm, modify, or set aside any determination or order made
9 by the Board which is under review, or (2) require the
10 Board to make any determination or order which it is author-
11 ized to make under subsection (k) , but which it has refused
12 to make. The reviewing court shall set aside any finding,
13 conclusion, determination, or order of the Board as to which
14 complaint is made which is unsupported by substantial evi-
15 dence on the record considered as a whole.
16 (n) The Board shall submit, not later than March 31
17 of each year, to the Senate and House of Representatives,
22
23
respectively, a report on its activities under this section dur-
ing the immediately preceding calendar year, including a
statement concerning the nature of all complaints filed with
it, its determinations and orders resulting from hearings
thereon, and the names of all officers or employees of the
United States with respect to whom any penalties have been
imposed under this section.
(o) There are authorized to be appropriated sums nee-
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1 essary, not in excess of $100,000, to carry out the provisions
2 of this section.
3 SEC. 6. Nothing contained in this At shall be construed
4 to prohibit an officer of the Central Intelligence Agency or
5 of the National Security Agency or of the Federal
6 Bureau of Investigation from requestitug any civilian em-
7 ployee or applicant to take a polygraph test, or to take a
8 psychological test, designed to elicit from him information
9 concerning his personal relationship with any person con-
10 nected with him by blood or marriage. or concerning his
11 religious beliefs or practices, or concerning his attitude or
12 conduct with respect to sexual matters, ? or to provide a per-
13 sonal financial statement, if the Director of the Central
14 Intelligence Agency or his designee or the Director of the
15 National Security Agency or his designee or the Director
16 of the Federal Bureau of Investigation or his designee makes
17 a personal finding with regard to each individual to be
18 so tested or examined that such test or information is re-
19 quired to protect the national security.
20 SEc. 7. Nothing contained in secth its 4 and 5 shall be
21 construed to prevent establishment of department and
22 agency grievance procedures to enforce this. Act, but the
23 existence of such procedures shall not preclude any appli-
cant or employee from pursuing the remedies established
by this Act or any other remedies provided by law: Pro-
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1 vided, however, That if under the procedures established,
2 the employee or applicant has obtained complete protection
3 against threatened violations or complete redress for vio-
4 lations, such action may be pleaded in bar in the United
5 States District Court or in proceedings before the Board on
6 Employee Rights: Provided further, however, That if an
7 employee elects to seek a remedy under either section 4 or
8 section 5, he waives his right to proceed by an independent
9 action under the remaining section.
10 SEC. 8. If any provision of this Act or the application
11 of any provision to any person or circumstance shall be held
12 invalid, the remainder of this Act or the application of such
13 provision to persons or circumstances other than those as to
14 which it is held invalid, shall not be affected.
Passed the Senate September 13, 1907.
Attest: FRANCIS R. VALEO,
Secretary.
Approved For Release 2005/03/24: CIA-RDP81-00818R000100010019-3
 Approved For Release 2005/03/24: CIA-RDP81-00818R000100010019-3
90TH CONGRESS
1ST SESSION
S. 1035
AN ACT
To protect the civilian employees of the execu-
tive branch of the United States Government
in the enjoyment of their constitutional
rights and to prevent unwarranted govern-
mental invasions of their privacy.
SEPTEMBEE 14, 1967
Referred to the Committee on Post Office and Civil
Service
Approved For Release 2005/03/24: CIA-RDP81-00818R000100010019-3