S. 782--INTRODUCTION OF BILL FOR PROTECTION OF CONSTITUTIONAL RIGHTS OF GOVERNMENT EMPLOYEES AND TO PREVENT UNWARRANTED INVASIONS OF THEIR PRIVACY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000400030116-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 19, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 116
• Publication Date: January 31, 1969
• Content Type: OPEN

January 31 A9yved For Re~M&J/I1Ij C-L2=0~RA(Q400030116-4
therefore would have to be maintained-
with incentives for reservists instead of the
threat of the draft. Even the draft itself
probably should be kept on stand-by, perhaps
for use with the permission of Congress or In
case of declared wars.
Another reason that military men would
hate to see the draft go Is that they think It
provides them with manpower of greater
quality as well as quantity. As Colonel Hays
noted, volunteers, unpressured by the draft,
tended to be "marginal" when the Army last
tried them. But he was speaking of men who
had grown up in the pinched and deprived
Depression years. With the right induce-
ments, a modern technological army should
be able to attract technology-minded volun-
teers, educated and educable enough to cope
with missile guidance, intelligence analysis,
computer programming, medical care and
other demanding jobs. Given five or ten years
in service, volunteers should be trainable to
considerable skills, to judge from the expe-
rience of Canada and Britain, the only major
nations that have volunteer forces. Though
these armies are small, not having the great
global responsibilities of the American forces,
they provide enviable examples of high ef-
fectiveness, low turnover and contented offf-
cers. Lieut. General A. M. Sharp, Vice Chief
of the Defense Staff of Canada, contends that
freewill soldiers are "unquestionably going
to be better motivated than men who are
just serving time."
PHANTOM FEARS
Civilian reservations about volunteer
armed forces also focus on some fears that
tend to ' dissolve upon examination. Some
critics have raised the specter of well-paid
careerists becoming either mercenaries or a
"state within a state." Nixon, for one, dis-
misses the mercenary argument as nonsense.
The U.S. already pays soldiers a salary. Why
should a rise in pay-which for an enlisted
man might go from the present $2,900 a year
to as much as $7,300-turn Americans into
mercenaries? Said Nixon: "We're talking
about the same kind of citizen armed force
America has had ever since it began, except-
ing only in the period when we have relied
on the draft." The Pentagon itself rejects
the Wehrmacht-type army, in which men
spend all their professional lives In service.
Nixon has also addressed himself to the
possibility that a careerist army might be-
come a seedbed for future military coups.
That danger Is probably inherent in any mili-
tary force, but as the President-elect points
out, a coup would necessarily come from "the
top officer ranks, not from the enlisted ranks,
and we already have a career-officer corps.
It is hard to see how replacing draftees with
volunteers would make officers more Influ-
ential." Nixon might have added that con-
script armies have seldom proved any barrier
to military coups. Greece's army is made up
of conscripts, but in last year's revolution
they remained loyal to their officers, not to
their King.
Might not the volunteer army become dis-
proportionately black, perhaps a sort of in-
ternal Negro Foreign Legion? Labor Leader
Gus Tyler is one who holds that view; he
says that a volunteer army would be "low-
income and, ultimately, overwhelmingly
Negro. These victims of our social order 'pre-
fer' the uniform because of socio-economic
compulsions-for the three square meals a
day, for the relative egalitarianism of the
barracks or the foxhole, for the chance to be
promoted." Conceivably, Negroes could flock
to the volunteer forces for both a respectable
reason, upward mobility, and a deplorable
one, to form a domestic revolutionary force.
As a matter of practice rather than theory,
powerful factors would work in a volunteer
army toward keeping the proportion of
blacks about where it Is in the draft army-
11 %, or roughly the same as the nation as a
whole. Pay rises would attract whites as
much as blacks, just as both are drawn into
police forces for similar compensation.
The educational magnets, which tend to
rule out many Negroes as too poorly schooled
and leave many whites in college through
deferments, would continue to exert their
effect. Black Power militancy would work
against Negroes' joining the Army. Ronald
V. Dellums, a Marine volunteer 13 years ago
and now one of two black councilmen in
Berkeley, opposes the whole idea of enlist-
ment as a "way for the black people to get
up and out of the ghetto existence. If a
black man has- to become a paid killer in
order to take care of himself and family
economically, there must be something very
sick about this society." But even if all qual-
ified Negroes were enrolled, the black propor-
tion of the volunteer army could not top
25%. Nixon holds that fear of a black army
is fantasy: "It supposes that raising military
pay would in some way slow up or stop the
flow of white volunteers, even as it stepped
up the flow of black volunteers. Most of our
volunteers now are white. Better pay and
better conditions would obviously make mili-
tary service more attractive to black and
white alike."
One consideration about the volunteer
army is that it could eventually become the
only orderly way to raise armed forces. The
draft, though it will prevail by law at least
through 1971, is under growing attack. In the
mid-'50s, most military-age men eventually
got drafted, and the inequities of exempting
the remainder were not flagrant. Now, despite
Viet Nam, military draft needs are dropping,
partly because in 1966 Secretary of Defense
Robert McNamara started a "project 100,000,"
which slightly lowered mental and physical
standards and drew 70,000 unanticipated vol-
unteers into the forces. Meanwhile, the pool
of men in the draftable years is rising, in-
creasingly replenished by the baby boom of
the late '40s. Armed forces manpower needs
have run at 300,000 a year lately, but they
will probably drop to 240,000 this year. On
the other hand, the number of men aged 19
to 25 has jumped from 8,000,000 in 1958 to
11.5 million now-and will top 13 million by
1974. The unfairness inherent in the task of
arbitrarily determining the few who shall
serve and the many who shall be exempt
will probably overshadow by far the contro-
versies over college deferments and the mo-
rality of the Viet Nam war. In the American
conscience, the draft-card burners planted
a point: that conscription should be re-ex-
amined and not necessarily perpetuated. The
blending of war protest with draft protest,
plus the ever more apparent inequities of
Selective Service, led Richard Nixon to move
his proposal for a volutneer army to near
the top of his priorities.
HEALING TENSIONS
The position from which to start working
for a volunteer army is that, to a large ex-
tent, the nation already has one-in the sense
that two-thirds of its present troops are
enlistees. Neither Nixon nor anyone else vis-
ualizes a rapid changeover. The draft will
doubtless endure until the war in Viet Nam
ends, but it could then be phased out grad-
ually. After that, the draft structure can be
kept in stand-by readiness, thinks Nixon,
"without leaving 20 million young Americans
who will come of age during the next decade
in constant uncertainty and apprehension."
If Nixon and his executive staff can move
ahead with legislation and the new Secretary
of Defense prod and cajole his generals and
admirals, the new Administration will go
far toward its aim. A volunteer army might
help ease racial tensions, perhaps by ending
the imbalance that has blacks serving in the
front lines at almost three times their pro-
portion in the population and certainly by
removing the arbitrariness of the draft that
puts them there. The move would also elim-
inate the need to force men to go to war
against their consciences, and end such other
distortions as paying soldiers far less than
they would get if they were civilians, or forc-
ing other young men Into early marriages and
Si0~5
profitless studies to avoid the draft. Incen-
tive, substituted for compulsion, could cut
waste and motivate pride. Not least, a vol-
unteer army would work substantially toward
restoring the national unity so sundered by
PROTECTION OF CONSTITU-
TIONAL RIGHTS OF GOVERNMENT
EMPLOYEES AND TO PREVENT
UNWARRANTED INVASIONS OF
THEIR PRIVACY
Mr. ERVIN, Mr. President, I introduce
for appropriate reference a bill to pro-
tect the civilian employees of the execu-
tive branch of the U.S. Government in
the enjoyment of their constitutional
rights and to prevent unwarranted gov-
ernmental invasions of their privacy.
I take this action on behalf of myself
and the following 53 Members who have
jointed in cosponsorship of this measure:
Senators BAYH, FONG, HRUSKA, THUR-
MOND, DODD, BURDICK, TYDINGS, DIRKSEN,
SCOTT, COOK, MATHIAS, BIBLE, BROOKE,
BYRD of Virginia, CHURCH, COOPER, DOLE,
DOMINICK, EAGLETON, FANNIN, GOLD-
WATER, GRAVEL, HANSEN, HATFIELD,
INOUYE, JORDAN of North Carolina, JOR-
DAN of Idaho, MAGNUSON, MCCARTHY,
MCGEE, MCGOVERN, MCINTYRE, METCALF,
MILLER, MONTOYA, MUNDT, MUSKIE, NEL-
SON, PEARSON, PERCY, PROUTY, PROXMIRE,
RANDOLPH, SAXBE, SCHWEIKER, SPARKMAN,
SPONG, STEVENS, TALMADGE, TOWER, WIL-
LIAMS of New Jersey, YARBOROUGH, and
GURNEY.
This measure has already been ap-
proved once by this body. The bill I in-
troduce today is identical with a former
bill, S. 1035, which was sponsored by 55
Senators and which the Senate passed
on September 13, 1967, by a vote of 79
to 4. By the time absentees recorded
their stand on S. 1035, a total of 90 Sen-
ators had registered their approval:
Despite the widespread support this
proposal has had from citizens through-
out the country, from individual Gov-
ernment employees and from every ma-
jor government employee organization
and union, the bill died in the House
Subcommittee on Manpower and Civil
Service.
Several weeks ago, Americans circled
the moon, and we can only wonder at
the anomaly of a free society whose won-
drous meshing of governmental machin-
ery could produce such a feat but whose
Congress could not enact a bill to protect
the rights and liberties of its Federal em-
ployees. -
On reflection, however, it may be that
the concerted - opposition to the bill
mounted by the Federal agencies and
departments is only one more example
of the effective and smooth cooperation
which Government agencies can demon-
strate when the occasion demands. As
they viewed it, I suppose impending en-
actment of S. 1035 was such an occasion,
for it did threaten their power of arbi-
trary and unlimited invasion of the pri-
vacy of citizens who work for Govern-
ment or who apply to work for it. It did
prohibit Government officials at all levels
from violating certain basic rights which
employees possess as citizens under a
democratic form of government. And it
did spell out for all to see in the statute
books what rights and what remedies
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 those 3 million cis
spect to the policie
piques specifically I
The purpose anti
measure I am again
out in Senate Repo! !
Congress. It is to
irate requirements
, pplicants for Gov
disclose their race.
origin; attend G
meetings and lectu
outside activities u
pioyment; report o,
ties or undertaking
work; submit to qu
religion, personal r
attitudes, through i
=;i tests, or polygi
cal candidates. or
isles.
it makes it fillet
pioye to buy bond.
contributions; or t
close his own persr
or expenditures, or
of his family, unle;
Lain specified em
would tend to show
It provides a rig!:
or other person pre-
wishes, wishes, at an inter
to disciplinary ern
It accords the r
in a Federal coi.+
threatened violatio!
Finally, it establi
ployees' Rights to
hearings on comp:
the act, and to dete
remedies and penal
Some people wi!
There has been a c
tion." I submit. M
though they have
still the same old
employees. And it
until Congress tat:
the citizen who in.
ficial pressures, Goer
inconsistent with
society.
Some administ;
been made by the i
of the Civil Servi
Macy. Under Mr. f.`
last year produced
after deleting son
questions previousi"
they codified and
own guidelines for
sonnel; and they
nient action and c-
uncovered by the:
I ask unanim :
printed in the Ri
correspondence be
pie concerning our
behalf of the prlvar
Government emplo%
There being no
pondence was orris
the RFCORD, as foil
Hnn. lOHN W. MACY
If cLean, Va.
DEAR MR. MACY:
-,,our reply to my
'~crning letters of r
I also want to tell
for your cooperation
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CONGRESSIONAL RECORD - SENATE January 31, 1969
ens had with re-
methods and tech-
~scribed by the bill.
iackground of the
troducing is spelled
No. 534 of the 90th
rohibit indiscrim-
lat employees and
iment employment
elision or national
ernment-sponsored
s or participate in
elated to their em-
heir outside activi-
unrelated to their
tioning about their
tionships or sexual
erviews, psycholog-
ihs; support politi-
end political meet-
to coerce an em-
ir make charitable
..equire him to dis-
tl assets, liabilities,
ose of any member
in the case of cer-
)yees, such items
conflict of interest.
to have a counsel
it, if the employees
:w which may lead
edings.
it to a civil action
for violation or
of the act.
es a Boardon Em-
,ceive and conduct
uts of violation of
line and administer
s.
say, "Let us wait.
.nge of administra-
President, that al-
new umpire, it is
1 game for Federal
'iii continue to be
action to protect
be subjected to of-
ons. and commands
;izenship in a free
ive changes have
e former Chairman
Commission, Mr.
cy, the Commission
ew personnel forms
e privacy-invading
asked of applicants;
strengthened their
vestigations of per-
icouraged manage-
cern with problems
icornnlittee study.
consent to have
-RD an exchange of
een Mr. Macy and
mutual interests in
and other rights of
,es as citizens.
bjection, the corre-
-ed to be printed in
ws:
JANUARY
is Is to thank you for
iuiry January 7 con-
-imand.
on of my appreciation
ith the Subcommittee
during our study of the constitutional rights
of employees. I have come to admire your
strength of purpose and your dedication to
good government. I believe you and your
colleagues have made a sincere effort to
remiedv some of the human problems which
have been evniving for federal workers with
the Growth of the Federal Government. You
carried burdens for the Chief Executive, for
government. and for your party beyond the
streugUis of any average man.
A. you return to private life, I know you
do so with the knowledge that you have
rendered unique and outstanding service to
your country.
W. tit best personal wishes. I am.
Sincerely yours.
SAM J. ERVIN. Jr.,
Chairman.
1. S. CIVIL SCRVICF, COMMISSION,
Washington, D.C., January 16, 1969.
Hier NAM J. Favin. Jr..
Chairman. Subcommittee on Constitutional
Rights. Committee on the Judiciary, U.S.
Sonate, Washington, D.C.
L)r.AR SrNATOa: In looking over the unfin-
iaheri business which remains in the final
days of my service and the Civil Service
Corn mission. I have given particular atten-
tion to your thoughtful letter of January 7
concerning letters of reprimand. I regret that
the time remaining is not sufficient to per-
mit an appropriate reply from me prior to
January 20. The Commission staff advises
me that an analysis of the questions you
have raised will necessitate inquiries to the
agencies prior to the preparation of a re-
sponse which will provide you with the sig-
nlflc:int Information you seek.
Since this will be my final communication
with you in my role as Commission Chair-
man I want to take the opportunity to ex-
preta my sincere appreciation to you for
your vigorous Interest in the rights of Fed-
eral employees. While we have not always
been in agreement.-or even near It--on how
to assure the best protection of employee
speech, of private action or inaction:
freedoms of free men. These must be
matters of law, not subjects for the dis-
cretion of whatever government official
sits at a desk at any given moment.
The bill is based on complaints which,
in some cases, have been coming to Con-
gress for many years, regardless of the
party in power.
The bipartisan nature of the support
for the bill is illustrated in its sponsor-
ship by 28 Democrats and 26 Republi-
cans, representing 38 States.
The candidates of both major parties,
in policy statements during the Presi-
dential campaign, strongly supported
new protections for the constitutional
rights of Federal employees and guar-
antees against unwarranted invasions of
their personal privacy.
Last October, for instance, former Vice
President Humphrey wisely recognized
the need for such protections and prom-
ised legislation based on the findings of
the ConstitutionalRights Subcommittee
and other congressional committees.
Platforms of both major parties ac-
knowledged the problem. In the platform
adopted by their convention in Miami
Beach last August, the Republican Party
stated :
The increasing government intrusion into
the privacy of its employees and of citizens
in general is intolerable. All such snooping,
meddling and pressure by the federal govern-
ment on its employees and other citizens
will be stopped and such employees, whether
or not union members, will be provided a
prompt and fair method of settling their
grievances.
This bill will help Members of Con-
gress and the new administration to ex-
change their votes for their promises.
rights, I believe that our values and our ob- I am particularly encouraged by the
jectives are basically Identical. Your advo- recent endorsement and sponsorship of
cacy on this issue has prompted action within the bill by the new chairman of the Sen-
the (Jo Commission
ve ment wnhich and
would not ot elsewhere to have the e Federal ate Post Office and Civil Service Com-
(3ornnlent which occurred
without it. You have directed the spotlight mittee, the senior Senator from Wy-
of Congressional concern on human issues oming.
which required executive attention. I only Enactment of this measure will sig-
hope that our conscientious response has
contributed to the Improvement we both
seek.
I am certain that additional recognition
and protection of the rights of Federal em-
ploysee will evolve in the months ahead. I
am equally certain that as in the past you
and your Subcommittee will play an at8rm-
ative and significant role in that evolution.
With every best wish for future health and
happiness,
Sincerely
yours,
JOHN W. MALT, Jr.,
Chairman.
Mr. ERVIN. Mr. President, these
changes, however, have not altered the
basic legal and administrative structures
which can produce the injustices at which
this measure is directed. Nor. under the
existing system, can orders or suggestions
of the Commission reach the acts and
policies of agencies which are beyond
the scope of civil service supervision. The
Senate report describes examples of
such practices which continue in effect.
It is clear that moral exhortations,
whether pronounced by Congress or by
the Civil Service Commission, or even
by the President himself, are not suffi-
cient to remedy this particular type of
infringement on liberties. These com-
plaints involve freedom of thought, of
nify that the spiritual and intellectual
freedom of the individual, whatever his
employment, is the value our society
cherishes above the goals of any momen-
tary Government program. Its passage
will also put Congress on record that it
means to take the lead in meeting the
threat to individual privacy caused by
the computer age. It will show that Con-
gress means that the individual should
take precedence over the machine: that
neither the computer nor the manila file
should be fed subjective, irrelevant judg-
ments based on information the citizen
was coerced to reveal about his personal
life, his religious beliefs, his sexual atti-
tudes, his participation or nonparticipa-
tion in community life, or his personal
finances. It reflects a principle as old as
our country, that a man should be
judged by his ability and his perform-
ance; not by the extent to which gov-
ernment can control his private thoughts
and beliefs.
I have received letters from people in
every State asking why the scope of this
bill is not extended to cover everyone,
and not just Federal employees and ap-
plicants. Their questions are justified.
The simple principles of fair play and
due process on which it is based should
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 January ~IAp~rr9ved For Re4eGQEQS/12(14 CRECORD - SENATE400030116-4 S 1097
guide the actions of all governments in
their dealings with citizens.
Employers in State and local govern-
ment and in private industry have al-
ready demonstrated considerable inter-
est in adopting provisions of the bill into
their own practices. State legislative
committees have looked to it for guid-
ance, and there is no doubt that congres-
sional action to protect against unwar-
ranted privacy invasion, with specific
remedies, will encourage extensive local
reforms to protect all citizens.
If this measure is enacted, it will at
least mark a beginning. The Constitu-
tion of the United States calls for more;
it demands no less.
Mr. President, when this bill was intro-
duced before, I had a conference with the
distinguished former chairman of the
Committee on Post Office and Civil Serv-
ice, Senator Monroney. Pursuant to our
conversation, he agreed with me that the
bill could be appropriately referred to his
committee or the Committee on the Ju-
diciary, and the bill was referred by
unanimous consent to the Committee-on
the Judiciary which conducted hearings
on the bill. I have consulted with the
present distinguished chairman of the
i Committee on Post Office and Civil Serv-
ice, the able Senator from Wyoming (Mr.
MCGEE). He has agreed with me that a
similar course should be followed at'this
time.
Therefore, I ask unanimous consent,
pursuant to the agreement between Mr.
MCGEE and me, that the bill be referred
to the Committee on the Judiciary; and
that the bill be printed in the RECORD.
The VICE PRESIDENT. Without ob-
jection the bill will be received, by
unanimous consent referred to the Com-
mittee on the Judiciary; and, without
objection, the bill will be printed in the
RECORD.
The bill (S. 782) to protect the civilian
employees of the executive branch of the
U.S. Government in the enjoyment of
their constitutional rights and to pre-
vent unwarranted governmental inva-
sions of their privacy, introduced by Mr.
ERVIN (for himself and 53 other Sena-
tors), was received, read twice by its title,
referred to the Committee on the Judi-
ciary, by unanimous consent, and ordered
to be printed in the RECORD, as follows:
S. 782
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 or any
executive agency of the United States Gov-
ernment, or for any person acting or purport-
ing 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 Government, to disclose his race, re-
ligion, or national origin, or the race, religion,
or national origin of any of his forebears:
Provided, however, That nothing contained in
this subsection shall be construed to prohibit
inquiry concerning the citizenship of any
such employee or person if his citizenship
is a statutory condition of his obtaining or
retaining his employment: Provided further,
That nothing contained in this subsection
shall be construed to prohibit inquiry con-
cerning the national origin of anyysuch em-
ployee when such inquiry is deemed neces-
sary or advisable to determine suitability for
assignment to activities or undertakings re-
lated to the national security within the
United States or to activities or undertakings
of any nature outside the United States.
(b) To state or intimate, or to attempt to
state or intimate, to any civilian employee
of the United States serving in the depart-
ment or agency that any notice will be taken
of his attendance or lack of attendance at
any assemblage, discussion, or lecture held or
called by any officer of the executive branch
of the United States Government, or by any
person acting or purporting to act under his
authority, or by any outside parties-or or-
ganizations to advise, instruct, or indoctrinate
any civilian employee of the United States
serving in the department or agency in re-
spect to any matter or subject other than the
performance of official duties to which he is
or may be assigned in the department or
agency, or the development of skills, knowl-
edge, or abilities which qualify him for the
performance of such duties: Provided, how-
ever, That nothing contained in this sub-
section shall be construed to prohibit taking
notice of the participation of a civilian em-
ployee in the activities of any professional
group or association.
(c) To require or request, or to attempt
to require or request, any civilian employee
of the United States serving in the depart-
ment or agency to participate in any way in
any activities or undertakings unless such
activities or undertakings are related to the
performance of official duties to which he is
or may be assigned in the department or
agency, or to - the development of skills,
knowledge, or abilities which 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 serving.in the department
or agency to make any report concerning any
of his activities or undertakings unless such
activities or undertakings are related to the
performance of official duties to which he
is or may be assigned in the department or
agency, or to the development of skills,
knowledge, 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
employment in conflict with his official
duties.
(e) To require or request, or to attempt to
require or request, any civilian employee of
the United States serving in the department
or agency, Sr any person applying for em-
ployment as a civilian employee in the ex-
ecutive branch of the United States Gov-
ernment, to submit to any interrogation or
examination or to take any psychological test
which is designed to elicit from him in-
formation concerning his personal relation-
ship with any person connected with him by
blood or marriage, or concerning his religious
beliefs or practices, or concerning his at-
titude or conduct with respect to sexual
matters: Provided, however, That nothing
contained in this subsection shall be con-
strued 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 in-
dividual is suffering from mental illness:
Provided further, however, That this deter-
mination shall be made in individual cases-
and not pursuant to general practice or reg-
ulation governing the examination of em-
ployees or applicants according to grade,
agency, or duties: Provided further, how-
ever, That nothing contained in this sub-
section shall be construed to prohibit an offi-
cer of the department or agency from advis-
ing any civilian employee or applicant of a
specific charge of sexual misconduct made
against that person, and affording him an
opportunity to refute the charge.
(f) To require or request, or attempt to re-
quire or request, any civilian employee of
the United States serving in the depart-
ment or agency, or any person applying for
employment as a civilian employee in the
executive branch of the United States Gov-
ernment, to take any polygraph test de-
signed to elicit from him information con-
cerning his personal relationship with any
person connected with him by blood or mar-
riage, or concerning his religious beliefs or
practices, or concerning his attitude or con-
duct 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 promote or
support the activities or undertakings of any
political, party of the United States or of
any State, district, Commonwealth, territory,
or possession of the United States.
(h) To coerce or attempt to coerce any
civilian employee of the United States serv-
ing 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 departments or agencies, or to
make donations to any institution or cause
of any kind: Provided, however, That nothing
contained in this subsection shall be con-
strued to prohibit any officer of any execu-
tive department or any person acting or
purporting to act under his authority, from
calling meetings and taking any action ap-
propriate to afford any civilian employee of
the United States the opportunity volun-
tarily to invest his earnings in bonds or other
obligations or securities issued by the United
States or any of its departments or agencies,
or voluntarily to make donations to any
institution or cause.
(I) 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 disclose any items of his prop-
erty, income, or other assets, source of in-
come, or liabilities, or his personal or domes-
tic 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
any final determination with respect to the
tax or other liability of any person, corpora-
tion, 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 in
this subsection shall prohibit the Depart-
ment of the Treasury or any other executive
department or agency of the United States
Government from requiring any civilian em-
ployee_ of the United States to make such
reports as may be necessary or appropriate
for the determination of his liability for
taxes, tariffs, custom duties, or other obliga-
tions imposed by law.
(j) To require or request, or to attempt to
require or request, any civilian employee of
the United States embraced within the terms
of the proviso in subsection (1) to disclose
any items of his property, income, or other
assets, source of income, or liabilities, or his
personal or domestic expenditures or those
of any member of his family or household
other than specific items tending to indicate
a conflict of interest in respect to the per-
formance of any of the official duties to
which he is or may be assigned.
(k) To-require or request, or to attempt
to require or request, any civilian employee
of the United,States serving in the depart- -
ment or agency, who is under investigation
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CONGRESSIONAL RECORD - SENATE January 81, 1969
for misconduct, to subr: t to Interrogation
which could lead to disclinary action with-
out the presence of co- eel or other person
of his choice, if he so r- uests.
(1) To discharge, die- line, demote, deny
promotion to, relocate, reign, or otherwise
discriminate in regard any term or con-
dition of employment any civilian em-
ployee of the United tea serving In the
department or agency. >r to threaten to
commit any of such a , by reason of the
refusal or failure of at. employee to sub-
mit to or comply with .y requirement, re-
quest, or action made lawful by this Act,
or by reason of the exer as by such civilian
employee of any right i.nted or secured by
this Act.
SF.c. 2. It shall be ui
of the United States C,
sion, or for any person
to act under his authc,
following things:
(a) To require or r
to require or request,
ment or any executive
States Government, cr
ployee serving in such
to violate any of the I,
of this Act.
(b) To require or rec,
require or request, an:
establish civil service r'.
employment in the ex
United States Govern,
applying for employn,?
branch of the United
any civilian employee
serving in any departr,
United States Governr-
interrogation or exam:r:
psychological test will
from him information
sonal relationship wit!
with him by blood or
ing his religious belief
cerning his attitude or
to sexual matters: P-
nothing contained In
be construed to prey,
eliciting such inforn,
such tests in the dial!
any civilian employer
such physician deems
essary to enable him t
not such Individual 1
illness: Provided furtlt,
determination shall h"
cases and not pursuar
regulation governing
ployees or applicant
agency, or duties: Pro
That nothing contain
shall be construed tee
the Civil Service Cony,
any civilian employ.
specific charge of se-:
against that person.
opportunity to refute
(c) To require or rt
require or request. :
e:..tabiish civil service
for employment in t
the United States G-
son applying for eml-!
tive branch of the Um
or any civilian enh; ?:
States serving in ant
of the United Staten
any polygraph test
him information con
Iationship with any
him by blood or n
his religious beliefs cr
log his attitude or c
sexual matters.
Sec. 3. It shall be
missioned officer. as
of title 10, United St-:"
ber of the Armed F(:-
Ing to act under his
request, or to attemi.
wful for any officer
it Service Commis-
:ting or purporting
y, to do any of the
lest, or to attempt
y executive depart-
,ency of the United
any officer or em-
)artment or agency,
visions of section 1
any civilian employee of the executive member appointed to fill a vacancy occur-
branch of the United States Government ring prior to the expiration of the term for
under his authority or subject to his super- which his predecessor was appointed shall
vision to perform any of the acts or submit be appointed for the remainder of such
to any of the requirements made unlawful by term.
section I of this Act. (c) Members of the Board shall be com-
Szc. 4. Whenever any officer of any execu- pensated at the rate of $75 a day for each
tive department or any executive agency of day spent in the work of the Board, and shall
the United States Government, or any per- be paid actual travel expenses and per diem
son acting or purporting to act under his in lieu of subsistence expenses when away
aut1writy, or any commissioned officer as from their usual places of residence, as au-
defined in section 101 of title 10, United thorized by section 5703 of title 5, United
States Code, or any member of the Armed States Code.
Forcer: acting or purporting to act under (d) Two members shall constitute a
his authority, violates or threatens to vio- quorum for the transaction of business.
late any of the provisions of section 1, 2. (e) The Board may appoint and fix the
or 3 of this Act, any civilian employee of compensation of such officers, attorneys, and
the United States serving in any department employees, and make such expenditures, as
or agency of the United States Government, may be necessary to carry out its functions.
or any person applying for employment in (f) The Board shall make such rules and
the executive branch of the United States regulations as shall be necessary and proper
Government, or any person seeking to es- to carry out its functions.
tablish civic service status or eligibility for (g) The Board shall have the authority
employment in the executive branch of the and duty to receive and investigate written
United States Government, affected or ag- complaints from or on behalf of any person
grieved by the violation or threatened vio- claiming to be affected or aggrieved by any
iatfon, may bring a civil action In his own violation or threatened violation of this Act
behalf or In behalf of himself and others and to conduct a hearing on each such
similsrriy situated, against the offending of- complaint. Within ten days after the receipt
fieer or person in the United States district of any such complaint, the Board shall fur-
court for the district in which the violation nish notice of the time, place, and nature of
occurs or is threatened, or the district in the hearing thereon to all interested parties.
which the offending officer or person is The Board shall render its final decision
found, or in the United States District Court with respect to any complaint within thirty
for the District of Columbia, to prevent the days after the conclusion of its hearing
threatened violation or to obtain redress thereon,
against the consequences of the violation, (h) Officers or representatives of any Fed-
The Attorney General shall defend all c - eral employee organization In any degree
cers or persons sued under this section who concerned with employment of the category
acted pursuant to an order, regulation, or in which any alleged violation of this Act
directive, or who, In his opinion, did not occurred or is threatened shall be given an
willfully violate the provisions of this Act, opportunity to participate in each hearing
Such United States district court shall have conducted under this section, through sub-
jurisdiction to try and determine such civil mission of written data, views, or arguments,
action irrespective of the actuality or and in the discretion of the Board, with
amount of pecuniary injury done or threat- opportunity for oral presentation. Govern-
ened, and without regard to whether the went employees called upon by any party or
aggrieved party shall have exhausted any by any Federal employee organization to
administrative remedies thta may be pro- participate in any phase of any administra-
vided by law, and to issue such restraining tire or judicial proceeding under this rec-
order. Interlocutory injunction, permanent tion shall be free to do so without incurring
injunction, or mandatory injunction, or travel cost or suffering loss in leave or pay;
enter such other judgment or decree as may and all such employees shall be free from
be necessary or appropriate to prevent the restraint, coercion, interference, Intimida-
threntened violation, or to afford the plain- tion. or reprisal in or because of their
tiff and others similarly situated complete participation- Any periods of time spent by
relief against the consequences of the viola- Government employees during such partict-
tion- With the written consent of any per- pation shall be held and considered to be
son affected or aggrieved by a violation or Federal employment for all purposes.
threatened violation of section 1, 2, or 3 of (I) Insofar as consistent with the purposes
this Act, any employee organization may of this section, the provisions of subchapter
bring such action on behalf of such per- II of chapter 5 of title 5, United States Code,
son, or may intervene in such action. For relating to the furnishing of notice and
the purposes of this section, employee or- manner of conducting agency hearings, shall
ganizations shall be construed to include any be applicable to hearings conducted by the
brotherhood, council, federation, organizes- Board under this section.
tion, union, or professional association made (j) If the Board shall determine after hear-
up in whole or in part of civilian employees Ing that a violation of this Act has not
of the United States and which has as one occurred or is not threatened, the Board
of Its purposes dealing with departments, shall state Its determination and notify all
agencies, commibsions, and Independent Interested parties of such determination.
agencies of the United States concerning the Each such determination shall constitute a
conditions and terms of employment of such final decision of the Board for purposes of
employees judicial review.
Szc. 5. (a) There is hereby established a (k) If the Board shall determine that any
Board on Employees` Rights (hereinafter re- violation of this Act has been committed or
ferred to as the "Board"). The Board shall threatened by any civilian officer or em-
be composed of three members, appointed ployee of the United States, the Board shall
s nd cause to be served
u
a
i
1
at, or to attempt to
person seeking to
:us or eligibility for
ttive branch of the
gat, or any person
t in the executive
.tee Government, or
the United States
at or agency of the
it, to submit to any
tion or to take any
is designed to elicit
'oncerning his per-
ny person connected
arriage, or concern-
>r practices, or con-
onduct with respect
ided, however, That
nis subsection shall
t a physician from
ion or authorizing
rots or treatment of
or applicant where
ch information nec-
etermine whether or
Iffering from mental
however, That this
made in Individual
o general practice or
examination of em-
according to grade,
fed further, however,
I in this subsection
-robibit an officer of
fission from advising
or applicant of a
ti misconduct made
td affording him an
e charge.
Lest, or to attempt to
r person seeking to
status or eligibility
executive branch of
rnment, or any per-
yment in the execu-
i States Government,
,yee of the United
eparunent or agency
iovernment, to take
igned to elicit from
ning his personal re-
rson connected with
riage, or concerning
wactices, or concern-
duct with respect to
aiawul for any com-
?fined in section 101
s Code, or any mem-
is acting or purport-
thority, to require or
.o require or request,
s
)
e
by the President, by and with the advice Immediately (
and consent of the Senate. The President on such officer or employee an order requir-
shall designate one member as chairman. lag such officer or employee to cease and
No more than two members of the Board desist from the unlawful act or practice
may be of the same political party. No mem- which constitutes a violation, (2) endeavor
ber of the Board shall be an officer or to eliminate any such unlawful act or prac-
eml,lovee of the United States Government. tice by informal methods of conference, con-
(i>) The term of office of each member of ciliation, and persuasion; and (3) may-
the Board shall be five years, except that (A) (1) in the case of the first offense by
(1) of those members first appointed, one any civilian officer or employee of the United
shall serve for five years, one for three years, States, other than any officer appointed by
and one for one year, respectively, from the the President. by and with the advice and
date of enactment of this Act, and (2) any consent of the Senate, issue an official repri-
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mand against such officer or employee or
order the suspension without pay of such
officer or employee from the position or office
held by him for a period of not to exceed
fifteen days, and (1i) in the case of a second
or subsequent offense by any such officer or
employee, order the suspension without pay
of such officer or employee from the position
or office held by him for a period of not to
exceed thirty days or order the removal of
such officer or employee from such position
or office; and
(B) in the case of any offense by any officer
appointed by the President by and with the
advice and consent of the Senate, transmit a
report concerning such violation to the Pres-
ident and the Congress.
(1) If the Board shall determine that any
violation of this Act has been committed or
threatened by any officer of any of the Armed
Forces of the United States, or any person
purporting to act under authority conferred
by such officer, the Board shall (1) submit
a report thereon to the President, the Con-
gress, and the Secretary of the military de-
partment concerned, (2) endeavor to elim-
inate any unlawful act or practice which
constitutes such a violation by informal
methods of conference, conciliation, and per-
suasion, and (3) refer its determination an?L
the record in the case to any person au-'
thorized to convene general courts martial
under section 822 (article 22) of title 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).
(m) Any party aggrieved by any final de-
termination or order of the Board may in-
stitute, in the district court of the United
States for the judicial district wherein the
violation or threatened violation of this Act,
occurred, or in the United States District
Court for the District of Columbia, a civil
action for the revew of such determination
or order. In any such action, the court shall
have jurisdiction to (1) affirm, modify, or set
aside any determination or order made by the
Board which is under review, or (2) require
the Board to make any determination or
order which it is authorized to make under
subsection (k), but which it has refused to
make. The reviewing court shall set aside any
finding, conclusion, determination, or order
of the Board as to which complaint is made
which is unsupported by substantial evi-
dence on the record considered as a whole.
(n) The Board shall submit, not later
than March 31 of each year, to the Senate
and House of Representatives, respectively, a
report on its activities under this section
during the immediately preceding calendar
year, including a statement concerning the
nature of all complaints filed with it, its de-
terminations and orders resulting from hear-
ings 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 appro-
priated sums necessary, not in excess of
$100,000, to carry out the provisions of this
section.
SEc. 6. Nothing contained in this Act shall
be construed to prohibit an officer of the Cen-
tral Intelligence Agency or of the National
Security Agency or of the Federal Bureau of
Investigation from requesting any civilian
employee or applicant to take a polygraph
test, or to take a psychological 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, or to provide a
personal financial statement, if the Director
of the Central Intelligence Agency or his des-
ignee or the Director of the National Secu-
rity Agency or his designee or the Director of
the Federal Bureau of Investigation or his
designee makes a personal finding with re-
gard to each individual to be so tested or ex-
amined that such test or information is re-
quired to protect the national security.
SEc. 7. Nothing contained in sections 4
and 5shall be construed to prevent estab-
lishment of department and agency grievance
procedures to enforce this Act, but the ex-
istence of such procedures shall not preclude
any applicant or employee from pursuing the
remedies established by this Act or any other
remedies provided by law: Provided however,
That if under the procedures established, the
employee or applicant has obtained complete
protection against threatened violations or
complete redress for violations, such action
may be pleaded in bar in the United States
District Court or in proceedings before the
Board on Employee Rights: Provided further,
however, That if an employee elects to seek
a remedy under either section 4 or section 5,
he waives his right to proceed by an in-
dependent action under the remaining sec-
tion.
SEc. 8. If any provision of this Act or the
application of any provision to any person or
circumstance shall be held invalid, the re-
mainder of this Act or the application of such
provision to persons or circumstances other
than those as to which it is held invalid, shall
not be affected.
S. 809-INTRODUCTION OF BILL TO
ESTABLISH A FEDERAL LEADER-
SHIP PROGRAM TO PROMOTE
YOUTH CAMP SAFETY
Mr. RIBICOFF. Mr. President, I in-
troduce, for appropriate reference, a bill
to establish a Federal leadership pro-
gram to promote youth camp safety.
Each year more than 7 million children
go off to residential, day or travel camps.
These campers are mainly schoolchil-
dren, and the vast majority attend camps
during the summer vacation months. But
while a parent finds little difficulty in
ascertaining the relative safety of a child
at school, millions of parents are forced
to send their offspring to camps with
little or no knowledge of whether the
place meets basic minimum safety stand-
ards. And too often they do not.
Camping is a rapidly growing industry.
The best estimates place the number of
camps in the United States at between
10,000 and 12,000. Resident camps alone
have tripled in the last 10 years. There
are camps established in every State in
the Union.
In many cases camps virtually take the
place of parents for several weeks in
the year. Yet in 19 States there are no
regulations governing camping at all,
and, in many of the remaining States
only isolated aspects of camping are cov-
ered by law or regulation.
For instance, 40 States have no train-
ing requirements for counseloril` who su-
pervise aquatic activities. Forty-six
States have no regulations regarding the
condition of vehicles used for transpor-
tation or the qualifications of drivers.
The same number of States have no
regulations restricting the age of coun-
selors. Twenty-nine States fall to re-
quire annual camp inspections.
In the absence of State regulations
there are a number of excellent camping
organizations which have established
standards for camping. The American
Camping Association, with 3,400 member
camps, the scouting organizations, the
Association of Private Camps, and
church oriented groups have all made a
substantial contribution to better camp-
ing. But a great many camps in America
do not belong to these organizations, and
it is well understood that the standards
set by private organizations lack any real
enforcement provisions behind them
One out of every eight camps visited by
representatives of the American Camp-
ing Association in 1967 failed to meet
ACA standards. And it is generally recog-
nized these are some of the best camps in
the Nation.
The failure to establish adequate
standards for many of our camps has
had tragic consequences. In my own re-
view of this situation, I have heard
enough vertifiable horror stories to per-
suade me to seek better protection for our
youngsters.
The only real camp safety survey took
place 40 years ago when a group of dis-
tinguished youth leaders and camping
enthusiasts met in New York City to dis-
cuss camping in general. It was the con-
sensus of this group that the time had
come to establish minimum standards for
camp health and safety. The group com-
missioned a nationwide camp safety
study which remains today the only full
study of the situation. The report con-
cluded that 65 percent of all accidents
at camp could have been prevented by
better supervision or higher standards of
camp maintenance and administration.
Only a quarter of the accidents were at-
tributable to the camper's negligence,
and half of these could have been pre-
vented with more adequate supervision.
A high percentage of the injuries cov-
ered by this report were due to faulty
structures, dangerous pathways, and the
very location of the camp itself. Despite
this report, -however, the call for action
issued in 1929 has never been answered.
In 1966, a report issued by the Division
of Accident Prevention of the Public
Health Service pointed to the injury and
death hazards involved in recreational
camping.
Mr. President, the purpose of this
youth camp safety bill is to provide Fed-
eral leadership in the area of camping
safety. It seems to me to be only reason-
able that our society provide parents with
a simple way of judging whether a camp
meets basic safety standards.
This bill would instruct the Secretary
of Health, Education, and Welfare, in
consultation with camping and safety
experts, to establish camp safety stand-
ards. After the publication of these
standards, each State would be encour-
aged to establish a program to insure
compliance. The bill provides for incen-
tive grants to the States to pay up to
half the cost of administering the inspec-
tion and compliance program. Camps
which met the Federal standards would
be urged to display this fact to assist
parents in their choice.
The bill would establish an Advisory
Council on Youth Camp Safety to con-
sult with the Secretary on the promul-
gation of safety standards. Members of
the Council would come from all areas
of the camping industry.
Before establishing safety standards,
the bill provides that the Secretary shall
survey existing safety standards pub-
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J 378000400 ~301a6 4 1 69
lished by State and i ivate organizations
and the effectivene 3f these standards.
Mr. President, I rst became aware
of the problems of c mp safety through
the efforts of Mr. \ itch Kurman. Mr.
Kurman, from We-! )ort, Conn., lost a
son several years age n a tragic canoeing
accident in Maine. nce that time Mr.
Kurman has beconi. a crusader, in the
best sense of that w 3, for greater camp
safety. This bill is , a great extent the
result of his unceasir! efforts.
There are many :xcellent and safe
camps which operai, every year. Camp-
ing at its best can erovide unmatched
opportunities for rc reation and close
contact with our ii # ural environment.
It is a memorable ee spe for many of the
underprivileged chilr :'en trapped in the
city.
This bill would i t affect the finest
camps. The bill is ai led at fly-by-night
operations and the,.-camps which are
unaffiliated and unar credited by respon-
sible camping organ, itions.
I have no desire i.: take the adventure
out of camping, butr see no reason why
the benefits of can{: ng cannot be ren-
dered in a safe and 1 ealthy atmosphere.
Many camps alread, measure up to the
highest safety stand rds. Others will be
given the incentive to improve. Those
that fail to provide . safe environment
do not belong in busi < ess.
During the year chat I have spon-
sored this legislation it has gained wide-
spread public supp, rt. Additionally, I
have had the assist.-; ice and backing of
most of the major camping organiza-
tions. It is signifies that those people
closest to the camiii ig industry believe
this bill to be nece:, ry.
This legislation Ili )vides an opportu-
nity to enhance the onstructive growth
of the camping bu