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1975/01/02 HR15173 Extend the National Wiretap Commission
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1975/01/02 HR15173 Extend the National Wiretap Commission
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The original documents are located in Box 20, folder "1975/01/02 HR15173 Extend the
National Wiretap Commission" of the White House Records Office: Legislation Case Files
at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 20 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED JAN 2
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: January 4, 1975
December 28, 1974
Posted
1/3
- archive
MEMORANDUM FOR
THE PRESIDENT
1/3
FROM:
KEN COLE
SUBJECT:
Enrolled Bill H.R. 15173
To Extend the National Wiretap Commission
Attached for your consideration is H.R. 15173, sponsored
by Representative Kastenmeier and three others, which:
-- Extends the authority of the National Commission for
the Review of Federal and State Laws on Wiretapping
and Electronic Surveillance until January 31, 1976;
-- allows the Commission to hold closed meetings by a
majority vote, and exempts records and transcripts
of the Commission's closed meetings from disclosure
pursuant to the Freedom of Information Act; and
--- allows the Commission to listen to tapes produced by
illegal wiretaps notwithstanding the prohibition
in the Federal Criminal Code.
OMB recommends approval and provides additional background
information in its enrolled bill report (Tab A).
Max Friedersdorf and Phil Areeda both recommend approval.
RECOMMENDATION
That you sign H.R. 15173 (Tab B).
SEAL - FORD LIBRARY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 2 3 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 15173 - To extend the National
Wiretap Commission
Sponsors - Rep. Kastenmeier (D) Wisconsin and three
others
Last Day for Action
January 4, 1975
Purpose
To extend until January 31, 1976 the authority of the National
Commission for the Review of Federal and State Laws on Wire-
tapping and Electronic Survellance, and for other purposes.
Agency Recommendations
Office of Management and Budget
Approval
Department of Justice
No objection
Discussion
The National Commission for the Review of Federal and State
Laws on Wiretapping and Electronic Surveillance was originally
established by the Omnibus Crime Control and Safe Streets Act
of 1968. The purpose of the Commission was to conduct a
comprehensive study and review of the operation of the Federal
wiretapping law during its first six years and to review
the operation of various State laws on the subject. The member-
ship of the Commission was not complete until early 1974.
Accordingly, the two-year life presently authorized for the
Commission will expire on January 19, 1975 before the work of
the Commission can be completed.
The enrolled bill would extend the life of the Commission until
January 31, 1976 to allow the Commission to complete its task,
SEAL TORD JURANT
2
The enrolled bill would further:
I
exempt the Commission from the Federal Advisory
Committee Act and the Freedom of Information Act
to enable it to examine transcripts and logs of
tapes in closed meetings. It would be authorized
to hold closed meetings on a majority vote of the
Commission. These closed meetings would enable
the Commission to operate while maintaining the
privacy of those whose conversations have been
recorded and while protecting the security of.
national security wiretaps and
--
enable the Commission to listen to tapes produced
by illegal wiretaps notwithstanding the prohibition
in the Federal Criminal Code.
The bill does not authorize any further appropriations for the
Commission. The original bill provided for an open-ended appro-
priation. The floor debate on the bill indicated that the
increased costs attributable to the extension would have to be
defended by the Commission before the appropriate appropriations
committees.
Wilfud H. Rommel
Assistant Director for
Legislative Reference
Enclosures
SEAL 11. FORD LIBERRY
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
DEC 23 1974
Honorable Roy L. Ash
Director, Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
This Department has carefully reviewed enrolled bill
H.R. 15173, a bill to extend until January 31, 1976, the authority
of the National Commission for the Review of Federal and State
Laws on Wiretapping and Electronic Surveillance, and for other
purposes.
The Department of Justice interposes no objection to
the approval of this bill.
Sincerely,
Wakeshaw W. Vincent Rakestraw
Assistant Attorney General
GENERAL
Rich 12-24-74 (1:00 p.m.)
EXECUTIVE OFFICE OF THE PRESIDENT
Name To Nandribe 3:30 helling
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 23 1974
upon
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 15173 - To extend the National
Wiretap Commission
Sponsors - Rep. Kastenmeier (D) Wisconsin and three
others
Last Day for Action
Jenuary 4, 1975
Purpose
To extend until January 31, 1976 the authority of the National
Commission for the Review of Federal and State Laws on Wire-
tapping-and Electronic Survellance, and for other purposes.
Agency Recommendations
Office of Management and Budget
Approval
Department of Justice
No objection
Discussion
The National Commission for the Review of Federal and State
Laws on Wiretapping and Electronic Surveillance was originally
established by the Omnibus Crime Control and Safe Streets Act
of 1968. The purpose of the Commission was to conduct a
comprehensive study and review of the operation of the Federal
wiretapping law during its first six years and to review
the operation of various State laws on the subject. The member-
ship of the Commission was not complete until early 1974.
Accordingly, the two-year life presently authorized for the
Commission will expire on January 19, 1975 before the work of
the Commission can be completed.
The enrolled bill would extend the life of the Commission until
January 31, 1976 to allow the Commission to complete its task.
BEALA F FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
December 27, 1974
MEMORANDUM FOR:
WARREN HENDRIKS
FROM:
MAX L. FRIEDERSDORF
SUBJECT:
Action Memorandum - Log No. 849
Enrolled Bill HR 15173
Extend National Wiretap Commission
The Office of Legislative Affairs concurs in the attached proposal
and has no additional recommendations.
Attachment
100
#.
HERALD
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 849
Date: December 26, 1974
Time:
5:00 p.m.
FOR ACTION: Geoffrey Shepard
o.h.
oh
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda no
5
FROM THE STAFF SECRETARY
DUE: Date: Monday December 30
Time: noon
SUBJECT:
Ènrolled Bill H.R. 15173 - to extend the National
Wiretap Commission
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 849
Date:
Time:
December 26, 1974
5:00 p.m.
FOR ACTION: Geoffrey Shepard
cc (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Monday December 30
Time: noon
SUBJECT:
Enrolled Bill H.R. 15173 - to extend the National
Wiretap Commission
ACTION REQUESTED:
For Necessary Action
X
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Approval
Q.C.S.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 849
Date:
Time:
December 26, 1974
5:00 p.m.
FOR ACTION:
Geoffrey Shepard
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Monday December 30
Time: noon
SUBJECT:
Enrolled Bill H.R. 15173 - to extend the National
Wiretap Commission
ACTION REQUESTED:
For Necessary Action
X
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No Objection PAel
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendrik
telephone the Staff Secretary immediately.
For the President
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1343
COMMISSION FOR THE REVIEW OF FEDERAL AND
STATE LAWS RELATING TO WIRETAPPING AND ELEC-
TRONIC SURVEILLANCE
AUGUST 23, 1974.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. KASTENMEIER, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 15173]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 15173) to extend for one year the authority of the National
Commission for the Review of Federal and State Laws on Wiretapping
and Electronic Surveillance, and for other purposes, having considered
the same, report favorably thereon with amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Amend the title of the bill to read:
A bill to extend for one and one half years the authority of
the National Commission for the Review of Federal and State
Laws on Wiretapping and Electronic Surveillance, and for
other purposes.
PURPOSE OF THE AMENDMENT
The amendment corrects a mistake in the title of the bill by chang-
ing the title to read that the bill extends for one and one half years,
not one year, the authority of the National Commission for the Review
of Federal and State Laws on Wiretapping and Electronic
Surveillance.
PURPOSE OF THE AMENDED BILL
The purpose of the amended bill is to extend the life of the National
Commission for the Review of Federal and State Laws Relating to
Wiretapping and Electronic Surveillance. It also allows the Com-
mission to hold closed meetings by a majority vote, exempts records
and transcripts of the Commission's closed meetings from disclosure
pursuant to the Freedom of Information Act (5 U.S.C. 552), allows
the Commission to listen to tapes produced by illegal wiretaps, not-
withstanding the provisions of 18 United States Code 2515, and re-
affirms congressional intent as to the existence of the Commission.
38-006
2
3
STATEMENT
VOTES
The National Commission for the Review of Federal and State
No record votes were taken in the Committee's consideration of
Laws Relating to Wiretapping and Electronic Surveillance was
H.R. 15173.
authorized in the Omnibus Crime Control and Safe Streets Act of
COMMITTEE RECOMMENDATIONS
1968 (P.L. 90-351). However, that legislation provided that the Com-
mission was not to come into existence until SIX years after the effec-
After careful consideration, the Committee is of the opinion that
tive date of the Act. This was later changed to five years (P.L. 91-
the bill should be enacted and accordingly recommends that H.R.
644). In the Organized Crime Control Act of 1970 (P.L. 91-452),
15173, as amended, do pass.
Congress repealed the Wiretap Commission and created a new
National Commission on Individual Rights which was also to study
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
wiretapping among other subjects. This Commission has never met
In compliance with clause 3 of rule XIII of the Rules of the House
since its public members have yet to be appointed.
of Representatives, changes in existing law made by the bill, as
The Wiretap Commission was revived in the 1970 Amendments to
reported, are shown as follows (existing law proposed to be omitted
the Omnibus Crime Control and Safe Streets Act (P.L. 91-644).
is enclosed in black brackets, new matter is printed in italic, existing
However, although it officially came into existence on June 19, 1973,
selection of its members was not completed until the spring of 1974,
law in which no change is proposed is shown in roman)
and the organizational meeting was not held until May 9, 1974. Present
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
law requires that the Commission terminate on June 19, 1975, giving
it barely half of the originally authorized two years to complete its
OF 1968
work. In the opinion of the Committee, this is not an adequate amount
of time in which to study this important subject. Therefore, the Com-
mittee recommends approval of the present legislation extending the
TITLE ILI-WIRETAPPING AND ELECTRONIC
life of the Commission an additional year and a half, until Janu-
SURVEILLANCE
ary 19, 1977.
In addition, the bill does the following:
*
It allows the Commission to hold closed meetings by a majority
SEC. 804. (a) There is hereby established a National Commission
vote. The Federal Advisory Committee Act (5 U.S.C. App. I) re-
for the Review of Federal and State Laws Relating to Wiretapping
quires that all Federal commissions hold open meetings. This bill
and Electronic Surveillance (hereinafter in this section referred to
would except the Commission from the Advisory Committee Act SO
as the "Commission").
that it may examine the transcripts and logs of wiretaps while main-
(b) The Commission shall be composed of fifteen members ap-
taining the privacy of those whose conversations have been recorded.
pointed as follows:
It would also enable the Commission to maintain the confidentiality
(A) Four appointed by the President of the Senate from
of national security wiretaps. For the same reasons it exempts records
Members of the Senate;
and certain meeting transcripts from the Freedom of Information
(B) Four appointed by the Speaker of the House of Repre-
Act (5 U.S.C. 552).
sentatives from Members of the House of Representatives; and
The bill specifically allows the Commission to listen to tapes pro-
(C) Seven appointed by the President of the United States
duced by illegal wiretaps. Title 18 United States Code, section 2515
from all segments of life in the United States, including lawyers,
presently prohibits any agency of the Government from receiving in
teachers, artists, businessmen, newspapermen, jurists, policemen,
evidence material obtained from an illegal wiretap. The purpose of
and community leaders, none of whom shall be officers of the
this prohibition is to prevent the substance of such evidence being used
executive branch of the Government.
against the subject of the wiretap. However, the Commission's interest
(c) The President of the United States shall designate a Chairman
does not lie in obtaining information regarding the subject of an illegal
from among the members of the Commission. Any vacancy in the
wiretap, but in examining the nature of the wiretap itself. The Com-
Commission shall not affect its powers but shall be filled in the same
mittee feels that the Commission must be authorized to listen to such
manner in which the original appointment was made.
material if it is to study adequately the abuses of wiretapping and
(d) It shall be the duty of the Commission to conduct a compre-
electronic surveillance.
hensive study and review of the operation of the provisions of this
Finally, the bill restates the legislative intent expressed in the
title, in effect on the effective date of this section, to determine the
Omnibus Crime Control Act of 1970 reviving the Commission.
effectiveness of such provisions during the six-year period immedi-
ESTIMATE OF COST
ately following the date of their enactment.
(e) (1) Subject to such rules and regulations as may be adopted
Pursuant to the requirements of clause 7 of Rule XIII of the Rules
by the Commission, the Chairman shall have the power to-
of the House of Representatives, the Committee estimates a Federal
(A) appoint and fix the compensation of an Executive Direc-
cost of $500,000 based on information supplied by the Commission.
tor, and such additional staff personnel as he deems necessary,
H.R. 1343
H.R. 1343
4
5
without regard to the provisions of title 5, United States Code,
ized and directed to furnish to the Commission, upon request made by
governing appointments in the competitive service, and without
the Chairman, on a reimbursable basis or otherwise, such statistical
regard to the provisions of chapter 51 and subchapter III of
data, reports, and other information as the Commission deems neces-
chapter 53 of such title relating to classification and General
sary to carry out its functions under this title. The Chairman is further
Schedule pay rates, but at rates not in excess of the maximum
authorized to call upon the departments, agencies, and other offices of
rate for GS-18 of the General Schedule under section 5332 of
the several States, to furnish, on a reimbursable basis or otherwise,
such title; and
such statistical data, reports, and other information as the Commission
(B) procure temporary and intermittent services to the same
deems necessary to carry out its functions under this title.
extent as is authorized by section 3109 of title 5, United States
(5) Whenever the Commission or any subcommittee determines by
Code, but at rates not to exceed $100 a day for individuals.
majority vote to meet in a closed session, sections 10(a) (1) and (3)
(2) In making appointments pursuant to paragraph (1) of this
and 10(b) of the Federal Advisory Committee Act (86 Stat. 770;
subsection, the Chairman shall include among his appointment indi-
5 U.S.C. Appendix) shall not apply with respect to such meeting, and
viduals determined by the Chairman to be competent social scientists,
section 552 of title 5, United States Code, shall not apply to the rec-
lawyers, and law enforcement officers.
ords, reports, and transcripts of any such meeting.
(f) (1) A member of the Commission who is a Member of Congress
(h) The Commission shall make such interim reports as it deems
shall serve without additional compensation, but shall be reimbursed
advisable, and it shall make a final report of its findings and recom-
for travel, subsistence, and other necessary expenses incurred in the
mendations to the President of the United States and to the Congress
performance of duties vested in the Commission.
within the [two-year] three and one-half year period following the
(2) A member of the Commission from private life shall receive
effective date of this subsection. Sixty days after submission of its final
$100 per diem when engaged in the actual performance of duties
report, the Commission shall cease to exist.
vested in the Commission, plus reimbursement for travel, subsistence,
(i) (1) Except as provided in paragraph (2) of this subsection, any
and other necessary expenses incurred in the performance of such
member of the Commission is exempted, with respect to his appoint-
duties.
ment, from the operation of sections 203, 205, 207, and 209 of title 18,
(g) (1) [The] Notwithstanding section 2515 of title 18, United
United States Code.
States Code, the Commission or any duly authorized subcommittee or
(2) The exemption granted by paragraph (1) of this subsection
member thereof may, for the purpose of carrying out the provisions
shall not extend-
of this title, hold such hearings, sit and act at such times and places,
(A) to the receipt of payment of salary in connection with the
administer such oaths, and require by subpena or otherwise the attend-
appointee's Government service from any source other than the
ance and testimony of such witnesses and the production of such books,
private employer of the appointee at the time of his appointment,
records, correspondence, memorandums, papers and documents as the
or
Commission or such subcommittee or member may deem advisable.
(B) during the period of such appointment, to the prosecu-
Any member of the Commission may administer oaths or affirmations
tion, by any person SO appointed, of any claim against the Gov-
to witnesses appearing before the Commission or before such sub-
ernment involving any matter with which such person, during
committee or member. Subpenas may be issued under the signature
such period, is or was directly connected by reason of such
of the Chairman or any duly designated member of the Commission,
appointment.
and may be served by any person designated by the Chairman or such
(j) There is authorized to be appropriated such sum as may be
member.
necessary to carry out the provisions of this section.
(2) In the case of contumacy or refusal to obey a subpena issued
(k) The foregoing provisions of this section shall take effect upon
under subsection (1) by any person who resides, is found, or transacts
the expiration of the fifth year period immediately following the date
business within the jurisdiction of any district court of the United
of the enactment of this Act.
States, the district court, at the request of the Chairman of the Com-
mission, shall have jurisdiction to issue to such person an order requir-
ing such person to appear before the Commission or a subcommittee or
member thereof, there to produce evidence if SO ordered, or there to
give testimony touching the matter under inquiry. Any failure of any
such person to obey any such order of the court may be punished by
the court as a contempt thereof.
(3) The Commission shall be "an agency of the United States" under
subsection (1), section 6001, title 18, United States Code for the
purpose of granting immunity to witnesses.
(4) Each department, agency, and instrumentality of the executive
branch of the Government, including independent agencies, is author-
H.R. 1343
H.R. 1343
H. R. 15173
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To extend until January 31, 1976 the authority of the National Commission for
the Review of Federal and State Laws on Wiretapping and Electronic Surveil-
lance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 804 (h)
of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended (82 Stat. 197; 18 U.S.C. 2510 note), is further amended by
striking out "within the two-year period following the effective date
of this subsection." and inserting in lieu thereof "on or before Janu-
ary 31, 1976.".
Sec. 2. Section 804(g) of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by adding at the end thereof the
following new paragraph:
"(5) Whenever the Commission or any subcommittee determines
by majority vote to meet in a closed session, sections 10(a) (1) and (3)
and 10(b) of the Federal Advisory Committee Act (86 Stat. 770;
5 U.S.C. Appendix) shall not apply with respect to such meeting, and
section 552 of title 5, United States Code, shall not apply to the records,
reports, and transcripts of any such meeting.".
SEC. 3. The first sentence of paragraph (1) of section 804(g) of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended by
striking out "The Commission or any duly authorized subcommittee"
and inserting in lieu thereof: "Notwithstanding" section 2515 of title 18,
United States Code, the Commission or any duly authorized
subcommittee".
SEC. 4. For purposes of section 108 of title 1, United States Code,
section 20(c) of the Omnibus Crime Control Act of 1970 shall be
deemed to provide expressly for the revival of section 804 of the
Omnibus Crime Control and Safe Streets Act of 1968.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 24, 1974
Dear Mr. Director:
The following bills were received at the White House on December 24th:
S.J. Res. 40
B. 3481
N.R. 8958
H.R. 14600
S.J. Res. 133
S. 3548
M.R. 8981
M.R. 14689
B.J. Res. 262
8. 3934
K.R. 9182
H.R. 14718
S. 251
V8. 3943
H.R. 9199
H.R. 15173
S. 356
S. 3976
H.R. 9588
H.R. 15223
S. 521
S. 4073
H.R. 9654
M.R. 15229
8. 544
S. 4206
N.R. 10212
M.R. 15322
S. 663
H.J. Res. 1178
H.R. 10701
H.R. 15977
S. 754
H.J. Res. 1180
H.R. 10710
H.R. 16045
S. 1017
M.R. 421
H.R. 10827
H.R. 16215
S. 1083
H.R. 1715
H.R. 11144
H.R. 16596
vs. 1296
N.R. 1820
VH.R. 11273
M.R. 16925
S. 1418
H.R. 2208
H.R. 11796
MH.R. 17010
S. 2149
H.R. 2933
H.R. 11802
H.R. 17045
S. 2446
H.R. 3203
H.R. 11847
M.R. 17085
S. 2807
M.R. 3339
M.R. 11897
H.R. 17468
S. 2854
H.R. 5264
H.R. 12044
H.R. 17558
S. 2888
H.R. 5463
H.R. 12113
H.R. 17597
S. 2994
H.R. 5773
H.R. 12427
H.R. 17628
S. 3022
H.R. 7599
H.R. 12884
H.R. 17655
S. 3289
H.R. 7684
H.R. 13022
S. 3358
H.R. 7767
H.R. 13296
S. 3359
H.R. 8214
H.R. 13869
S. 3394
H.R. 8322
H.R. 14449
S. 3433
H.R. 8591
H.R. 14461
Please let the President have reports and recommendations as to the
approval of these bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Ray L. Ash
Director
Office of Management and Budget
Washington, D. C.