I saw this in one of the gay papers last week, and it's on the front page of The New York Times this morning (5/14), so it must be true :-) GOVERNMENT AGENCY FERRETED OUT NAMES OF ITS GAY WORKERS by Warren E. Leary (special to The New York Times) Washington, May 13 -- A gay employee of the Federal Emergency Management Agency says he was pressured last year to provide a list of other homosexual workers to managers and security personnel, who maintained that they needed the information to help identify potential security risks at the agency. The employee, Jerald E. Johnson, a 32-year-old management analyst, said aganecy officials held up clearance for him to participate in an international project until he identified agency workers he knew or were rumored to be homosexual, an action he says he now regrets. In a statement today, the agency said that the list remained "in an envelope locked in a vault." DISCRIMINATION DENIED Mr. Johnson said he identified eight agency employees last November after resisting the request for months, when he was assured it would be held in confidence by a senior manager. In its statement today, the agency admitted that it sought the identities of gay employees, but denied that it had violated any laws. The agency said that it was interested only in the performance of its employees, not their sexual orientation, and that homosexuals could hold senior positions and gain security clearance. In the statement, Wallace E. Stickney, director of the agency, defended what security officials did in this case. He said the officials became concerned about the possibility of security risks among covert homosexuals in the agency while interviewing Mr. Johnson for a security clearance. Mr. Johnson had been candid about his own sexuality. Mr. Stickney said that Mr. Johnson "claimed that other FEMA employees holding security clearances were homosexual." "FEMA security officials were concerned whether any employees concealed their sexual preference and were vulnerable to coercion," he said. The agency, which plans how the Government might operate in wartime, did not identify who might try to coerce agency employees. CHANGING ATTITUDE In previous years, Pentagon officials and leaders of the nation's security agencies have contended that homosexuals had to be barred from sensitive jobs because they might be targets of blackmail by foreign governments. But recently the Government has mainatained that it is less concerned with a person's homosexuality. In fact, Defense Secretary Dick Cheney has in recent years stated that there was no reason to believe homosexuals were a greater security risk than anyone else. Nonetheless, the Pentagon says homosexuality is not compatible with uniformed military service and is a cause for discharge. LEGAL QUESTIONS Legal experts and specialists in gay rights said that seeking to identify homosexuals in the workplace does not technically violate Federal civil rights laws, which apply to Federal workers and cover race, gender and religion not sexual orientation. But asking for the list could be a violation of the Federal Privacy Act and the constitutional right of freedom of association, they said. Mr. Johnson first disclosed the circumstances involving the list two weeks ago at a hearing of a House subcommittee while he was testifying on another matter related to his work. When asked on what occasions he had met with the head of the agency and what was discussed, the analyst talked about his case. The testimony was first reported in gay publications and last week in the Dallas Morning News. Mr. Johnson said the list was requested by John R. Lilley 2d, the director of security, and was discussed in meetings he had with Mr. Stickney and Thomas R. McQuillan, the agency executive director. None of the agency officials responded to repeated requests for comment today. But the agency spokesman, Anthony Venti, released the statement in which Mr. Stickney said FEMA did not discriminate against homosexuals and violated no law in asking for the list of gay employees. DEFENSE DEPARTMENT RULES FEMA is the agency that coordinates the government's response to natural disasters and war, including civil defense and the relocation of government officials and functions in emergencies. The agency is covered by Defense Department security regulations because of these duties. Representative Barney Frank, Democrat of Massachusetts, said he and other lawmakers are appalled by the FEMA incident, and said he would hold a hearing on the case next week. "This is the silliest thing I've heard of from a Federal agency in a long time," said Mr. Frank, who is gay and is chairman of the House Judiciary Committee's Subcommittee on Administrative Law and Governmental Relations, which will hold the hearing. "It's an enormous invasion of privacy and I want that list torn up." Mr. Johnson said he was first asked for a list of gays at FEMA after he applied for a "top secret" classification. While being questioned by security officials, Mr. Johnson said he made the "innocent statement" that sexual preference should not be a consideration and that he knew of other government workers who were gay and did excellent jobs. At that point, he said, the security people asked for names of homosexuals he knew and he refused. Mr. Johnson said he withdrew his request for the secret classification before it could be denied by security officials so it would not appear on his employment records. His auditing work at the agency does not involve access to security information or secrets, and the secret clearance was not necessary for it, he said, but he had applied because it might have been useful for other assignments in the agency. Last fall, Mr. Johnson, formerly an employee of the National Science Foundation who has degrees in zoology and engineering management, was asked to be part of a cooperative exchange program in Poland. The assignment, not related to his work at the agency, was to help Poland set up a new system for reviewing scientific research. Mr. Johnson asked for, and got, approval from several supervisors to be assigned to the project, but since he would be in contact with foreign nationals, he also needed concurrence from security officials. In a memo dated Oct. 2, 1991, provided by Mr. Johnson to The New York Times, the security director, Mr. Lilley, denied approval to go on the trip, saying the basis for the denial was "Johnson's refusal to provide testimony concerning a security interest, during the conduct of an official inquiry by this office." The memo said the refusal "demonstrates conduct which adversely affects an evaluation of his trustworthiness, reliability and judgment." Mr. Johnson said he met with Mr. Stickney and Mr. McQuillan and asked Mr. Stickney to reverse the security decision, which the director said he would not do. Mr. Johnson said an intermediary sent by Mr. McQuillan told him that he could turn the list over to Mr. McQuillan, who would hold it in confidence, an offer Mr. McQuillan has denied making. "After that, I had a choice to make -- either to provide the list and go to Poland, or go back to being a regular employee and letting them win in a sense," Mr. Johnson said in an interview. "I decided to take a gamble and turn over the list to McQuillan, who led me to believe he'd see the list and not give it to security," he said. "I was trying to beat the system and it didn't work." In a Nov. 26 memorandum complying with the request for the list, Mr. Johnson wrote: "I am hereby providing you with a list of names of FEMA employees who I suspect may be homosexual. However, I must reiterate that except for the first three names, I do not have any first-hand knowledge, and it is simply hearsay." After turning over the list, Mr. Johnson said his clearance from security suddenly came through and he went to Poland. Returning from that assignment, he found out that the security department had been given the list, he said. "I've been criticized by some gays for being naive in turning over the list and I guess they might be right," Mr. Johnson said, "I'm ashamed of providing the list now." -- =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= rod williams -=- pacific bell -=- san francisco -=- rjwill6@pacbell.com