NATIONAL COMMISSION FOR THE REVIEW OF FEDERAL AND STATE LAWS RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE

STATEMENT OF G. C. GARDNER, JR., ASSISTANT ADMINISTRATOR FOR ADMINISTRATION, GENERAL SERVICES ADMINISTRATION

BUDGET REQUEST

Senator PASTORE. The next appropriation request is $332,000 for necessary expenses of the National Commission for the Review of Federal and State laws relating to wiretapping and electronic surveillance.

JUSTIFICATION

Justifications filed in support of the request will be placed in the

record.

[The justification follows:]

Justification

SALARIES AND EXPENSES

For necessary expenses of the National Commission for the Review of

Federal and State Laws Relating to Wiretapping and Electronic Surveillance, established by the Omnibus Crime Control and Safe Streets Act of

1968 (84 Stat. 224), $332,000, to remain available until expended.

GENERAL STATEMENT

The National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance ("Wiretap Commission") was established by Public Law 90-351, effective June 19, 1968, with the provision that the Commission become activated 6 years after enactment of the Act (later amended to 5 years, or by June 19, 1973).

The Organized Crime Control Act of 1970 (P.L. 91-452, approved October 15, 1970), which established a "National Commission on Individual Rights" (with similar purposes as the Wiretap Commission), repealed Section 804 of P.L. 90-351 thereby abolishing the Wiretap Commission.

The Omnibus Crime Control Act of 1970 (P.L. 91-644, approved. January 2, 1971) repealed Section 1212 of P.L. 91-452 and thereby re-established the Wiretap Commission, and among its amendments revised the activation date of the Commission from June 19, 1974 to June 19, 1973.

The law creating the "Wiretap Commission" directs it "to conduct a comprehensive study and review of the operation of the provisions of this title (Title III - Wiretapping and Electronic Surveillance), in effect on the effective date of this section, to determine the effectiveness of such provisions during the six-year period immediately following the date of their enactment."

In summary, the provisions of Title III of P.L. 90-351 amend and/or introduce a new chapter to Part I of Title 18, United States Code, entitled "Chapter 119 Wire Interception and Interception of Oral Communications", under which are outlined a comprehensive set of legal measures, procedures, prohibitions and penalties which are applicable to each of the areas categorized as follows:

1.

2.

3.

4.

5.

6.

7.

Interception and disclosure of wire or oral communications
prohibited.

Manufacture, distribution, possession, and advertising of wire
or oral communication intercepting devices prohibited.
Confiscation of wire or oral communication intercepting devices.
Immunity of witnesses.

Prohibition of use as evidence of intercepted wire or oral
communications.

Authorization for interception of wire or oral communications.
Authorization for disclosure and use of intercepted wire or
oral communications.

8.

9.

10.

Procedure for interception of wire or oral communications.
Reports concerning intercepted wire or oral communications.
Recovery of civil damages authorized.

four

The Commission shall be composed of fifteen (15) members: appointed by the President of the Senate from Members of the Senate; Tour appointed by the Speaker of the House from Members of the House; and seven appointed by the President of the United States from ali segments of life in the U.S. (none of whom are officers of the Executive Branch of the Government). The President shall designate a Chairman from among the members of the Commission.

The Chairman is empowered to appoint and fix the compensation of an Executive Director, and such additional staff personnel as he deems necessary, without regard to the provisions of Title 5, U.S. Code, governing appointments in the competitive service, but at rates not in excess of the maximum rate for GS-18. The Chairman is further directed, by the Act, to include "competent social scientists, lawyers, and law enforcement officers" among his appointments. Temporary and intermittent services (consultants, experts, etc.) may be procured as authorized by Section 3109, Title 5, U.S. Code, but at rates not in excess of $100 per day for individuals. Likewise, Commission members from private life may receive $100 per diem compensation when actually engaged in Commission business, as well as reimbursement for travel, subsistence, and other necessary expenses incurred in Commission work.

The Commission shall make interim reports, as it deems advisable, and submit a final report of its findings and recommendations to the President and to the Congress within two years after the Commission is created (by June 19, 1975). The Commission shall expire 60 days after submission of its final report (approximately August 19, 1975).

Funds in the amount of $332,000 are required herewith for the purpose of financing the operations of the Wiretap Commission for the first full year of the two-year tenure established by Congress. The $332,000 is comprised of $201,000 to cover the salaries and benefits of 9 full-time permanent staff employees; and $132,000 for other operational expenses such as travel, printing, communications, contractual services, supplies, and equipment as reflected in detail in the foregoing budget schedules.