2. The following monitoring devices are currently in use within the department's Washington, D.C. complex:

Cost for fiscal year 1970...

(c) Recorders with beepers-wired into the circuits..

(d) Induction-type attachments that can be used in connection with dictation machines__

1 262

$2, 511

0

4

$96

0

1 Orders were issued on Aug. 4, 1970 to disconnect 234 of the number of devices reported. The remaining 28 are under review.

Following a study which we initiated in June 1970 we directed the removal of all transmitter cutoff switches which do not meet our new standard set forth in our instruction of August 4, 1970. The 234 orders to disconnect the transmitter cutoff switches are a direct result of this instruction.

Sincerely,

JOSEPH M. ROBERTSON, Assistant Secretary for Administration.

ATOMIC ENERGY COMMISSION

1. a. Yes (see question 6); b. Yes (see question 6).

2. Transmitter cutoff switches (including push-to-talk), Washington

area:

a. Transmitter cutoff switches (138)

b. Push-to-talk (23) _.

c. Listening-in devices (0) ........

3. Telephone recording devices, Washington area (6):

Fiscal year 1970, cost

$496. 80

82.80

0

(Three recorders are equipped with a recorder connector beeper warning device and are used for secretarial purposes to dictate letters, memorandums, and messages for later transcribing by a typist. The three not so equipped are used on private lines for recording incoming emergency messages, one from the Department of Defense (DOD) and two from the National Warning System (NAWAS).)

4. The six recorders listed in question 3 above are wired into telephone circuits, and no induction-type attachments are used. One code-a-phone is used to record afterhours incoming telephone messages in the computer operations center.

5. a. 6 telephone recording devices, Government owned. $1,908 b. 3 recorder connectors, beeper warning devices (per

year)___

c. 3 dial dictation terminals (per year).

d. 1 code-a-phone (per year) –

72

504

300

6. Yes; two copies of the applicable pages of AEC Manual, chapter 0270, appendix part II are attached.

BUREAU OF PRISONS

WASHINGTON, D.C., August 6, 1970.

Hon. JOHN E. Moss, Chairman, Foreign Operations and Government Information Subcommittee, Committee on Government Operations, House of Representatives, Rayburn House Office Building, Washington, D.C.

DEAR CONGRESSMAN MOSS: We are pleased to furnish the information requested in your letter of July 29, 1970, regarding telephone monitoring practices of Federal departments and agencies. Answers to your questions follow in the format of your letter.

1. Eavesdropping and monitoring by a third person of telephone conversations is prohibited in the Bureau of Prisons. On occasion a secretary will record in shorthand a telephone conversation involving data and information which must be reduced to writing. An extension telephone is used for this purpose and all parties to the conversation are advised that the conversation is to be recorded by the secretary. Too, incoming calls from institutions and activities of the Bureau of Prisons will involve related but different fields which require coordination of several staff members by way of three or more party telephone conversation. This is the nature of a conference call and all parties participate in the conversation using regular telephone instrument extensions. These procedures may be implemented for both incoming and outgoing calls with concurrence of the distant party.

2. Transmitter cutoff switches, listening-in circuits, and similar devices are not installed on telephone equipment in the Washington area. We have not incurred rental charges or other cost for such devices for fiscal 1970.

3. Telephone recording devices are not used to monitor or record telephone calls.

4. Telephone recording devices, dictation machines, inductiontype attachments, and/or similar devices have not been connected or attached to telephone circuits and equipment.

5. We have not incurred charges or cost for recording devices for recording telephone conversations.

6. Paragraph 3, chapter 1, policy statement 31400, Bureau of Prisons, delineates policy regarding the use of recording devices for recording telephone conversations and eavesdropping. Policy, standing operating procedures, and regulations are disseminated to institutions and activities of the Bureau of Prisons by means of policy statement, filed and indexed by number. Two copies of page 2, policy statement 31400, containing paragraph 3, are attached hereto.

Please advise us if we can be of additional service.

Sincerely,

NORMAN A. CARLSON, Director.

CANAL ZONE GOVERNMENT

BALBOA HEIGHTS, August 14, 1970.

Hon. JOHN E. Moss, Chairman, Foreign Operations and Government Information Subcommittee, Committee on Government Operations, House of Representatives, Washington, D.C.

DEAR CHAIRMAN Moss: This is in response to your letter of July 29, requesting information for use of your subcommittee in reference to telephone monitoring practices in Federal departments and agencies. The numbers in the following paragraphs correspond to the numbering of the subparagraphs in the second paragraph of your letter.

1. The Canal Zone Government permits the monitoring of both incoming and outgoing telephone calls.

2. There are five monitor cutoff switches for use on telephones in the offices of the Canal Zone Government in Washington. The total rental charge for such switches during fiscal year 1970 was $15. There are no listening-in circuits installed on telephone equipment assigned to the agency in the Washington area.

3. One tape recorder is occasionally used as a recording device to record telephone calls in the Washington area. A beeper or other warning device is not required to notify the other party about the device because it is used only for transmittal and recording of information between offices of the agencies in Washington and the Canal Zone. The use of this device for intraagency transactions results in substantial savings in time in communication between Washington and the Canal Zone.

4. No recorders are wired into telephone circuits and there are no induction-type attachments that can be used to record telephone conversations on dictation machines without being wired into the circuit. As indicated above, a tape recorder can be used to record telephone conversations. The tape recorder is not equipped with a beeper or warning signal.

5. The cost of the tape recorder used to record telephone conversations is approximately $90.

6. The agency does not have any rules or regulations covering telephone monitoring or recording.

Please let me know if I can be of any further assistance to you or to the subcommittee.

Sincerely yours,

W. P. LEBER, Governor.

CENTRAL INTELLIGENCE AGENCY

Hon. JOHN E. Moss,

WASHINGTON, D.C. August 21, 1970.

Chairman, Subcommittee on Foreign Operations and Government Information, Committee on Government Operations, House of Representatives, Washington, D.C.

MY DEAR MR. CHAIRMAN: Your letter of July 29, 1970, requests information to aid your subcommittee in bringing up to date a longstanding study and survey of the telephone monitoring practices of

Federal departments and agencies. Our response will be keyed to the numbered paragraphs in your letter.

1. The Agency does not prohibit the monitoring of telephone calls. Such monitoring is generally by secretaries for the purpose of taking notes to record names, addresses, dates, figures, requests for information, or where files or other memorandum may be required for use in followup on the call. Monitoring occurs in other instances where an assistant or other member of an office is being read into a problem or activity for which he may have future responsibility. Notification may be, but is not invariably, given when notes are being taken.

2. The Agency currently has 329 transmitter cutoff switches on telephones assigned to it in the Washington area. The annual cost is $1,705.80. The Agency has no listening-in circuits.

3. The Agency has 18 recorder connectors at an annual cost of $900.90. These recording devices are equipped with the beeper warning signals.

4. The number of telephone recording devices wired into telephone circuits is as given in paragraph 3 above-18. The Agency has not procured or issued any induction-type attachments for dictation machines or any other types of instruments which can be used to monitor or record telephone conversations.

5. The costs for the devices used by the Agency are set forth above, for a total of $2,606.70.

6. The Agency does not have any rules or regulations governing telephone monitoring and recording.

Sincerely,

RICHARD HELMS, Director.

CIVIL AERONAUTICS BOARD

Hon. JOHN E. Moss,

WASHINGTON, D.C., September 1, 1970.

·Chairman, Subcommittee on Foreign Operations and Government Information, Committee on Government Operations, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: The attached statement provides the information concerning telephone monitoring practices in the Civil Aeronautics Board requested in your letter of July 29, 1970.

Sincerely,

SECOR BROWNE, Chairman.

1. Regulations of the Civil Aeronautics Board provide that no employee of the Board shall secretly listen in, secretly record, or otherwise eavesdrop on any telephone communication in the course of his employment with the Board.

Employees of the Board may monitor a telephone communication by listening in or by employing a recording device only when it is necessary to assure accurate and efficient transmission or reception of communications or data; provided, that all persons participating in the telephone communication are given advance notice that the call is

being monitored and of the reason therefor. No recording or monitoring device may be used with a Board telephone except upon a finding that its use is consistent with the foregoing.

2. Two Board telephones are equipped with transmitter cut-off switches. Rental charges for these switches during the fiscal year 1970 totaled $40.80.

Four of the Board's telephones are equipped with speaker phones, the charges for which totaled $360 during the fiscal year 1970.

3. The Board's Bureau of Enforcement has eight tape recorders equipped with an induction-type attachment and which are, therefore, capable of being used to record telephone calls. These recorders are used primarily for dictation of correspondence and investigative reports. The induction-type attachments are provided to enable the telephonic transmission and recording of instructions and data to special agents in the field and for the transmission and recording of reports from special agents in the field to their Washington office, and for similar uses where it is necessary to convey lengthy and detailed information expeditiously.

The Board's regulations are directed to the "monitoring" of telephone calls and the Board has not considered that recording of conversations between Board personnel conveying instructions or reports constitutes monitoring. Consequently, the Board does not utilize beepers with respect to this type of recording. Somewhat similarly, on occasion Board employees with the express permission of the outside parties, will record information being supplied by such party either through the use of a stenographer or on more infrequent occasions by use of a recorder.

4. The Board does not have any recorders wired into telephone circuits. As stated in 3 above, the Board has eight recorders equipped with induction-type attachments. Although the Board has a total of 31 dictating machines and 25 tape recorders only the eight having induction-type attachments are used to record telephone communications. None are equipped with a beeper or other warning signal.

5. The cost of the eight recorders equipped with induction-type attachments was $1,991.36.

6. The Board has issued regulations on telephone monitoring, two copies of which are enclosed.

CIVIL SERVICE COMMISSION

Hon. JOHN E. Moss,

WASHINGTON, D.C., August 7, 1970.

Chairman, Foreign Operations and Government Information Subcommittee of the Committee on Government Operations, House of Representatives, Rayburn House Office Building, Washington, D.C. DEAR MR. Moss: This is in response to your letter of July 29, 1970, pertaining to telephone monitoring practices of Federal Departments and Agencies.

The Commission does not permit monitoring of incoming or outgoing telephone calls, either covertly or overtly. The only exceptions