as it is now written, carrying a handgun while you file a false income tax return would be included. Mr. GAINER. You are right. It is included. Mr. DANIELSON. Or conceivably, if sending dentures through the mail. Mr. GAINER. That is correct. Mr. DANIELSON. So the language as now drawn is not devoid of the very fallacies which you attribute to my suggestion. Mr. GAINER. You are correct. Mr. DANIELSON. Anyway, on that I want to commend Mr. Ford, since I know this bill would not have reached here without his approval, for having finally come around to the thinking of many of us that there should be a mandatory sentence for the use of a firearm in the commission of a crime. There is nothing novel about it. Many of us have sought that for many years, but we welcome his support and perhaps we can get something done with it. Thank you. Mr. CONYERS. We all thank you. It is curious, however, that in the course of the President approving this legislation, this matter has still not been filed, the bill that is with the Speaker of the House, or the President pro tempore. Is that inadvertent? Mr. GAINER. I was not aware of that. It has been introduced on the House side and it has been introduced on the Senate side. It was supposed to have been transmitted to the President of the Senate and to the Speaker of the House. Mr. CONYERS. There has been no letter forwarded to our knowledge, which is fairly appropriate in these matters. Mr. GAINER. I will ascertain if it has been sent. Mr. MANN. Mr. Chairman ? Mr. CONYERS. Yes? Mr. MANN. I have one matter I would like to bring up. This is going to be a rather peculiar discourse, Mr. Gainer. Mr. GAINER. I have had a great many peculiar discourses in the process of working on possible handgun legislation. Mr. MANN. In one or more prior hearings I have deplored the lack of enforcement on the local level of the laws involving the carrying of concealed weapons. Based largely on my experience as a prosecuting attorney in the South, when the carrying of that weapon in the beer joint on Saturday night-while I suspect that not less than a third of the homicides that I tried arose from that situation and in an effort to encourage or support local law enforcement with reference to carrying concealed weapons, I have searched about, including discussing with the Chief Justice of the United States the possibility of an electronic search of individuals in certain situations. And given the private example, for example, if I took this microphone as a uniformed officer and walked through all the joints in Greenville, S.C., and kind of waved it around on a Saturday night, the following Saturday night there would probably be 50 percent less weapons on the hip. I question though whether or not the use of an actual electronic device under those circumstances would be-even though it is, of course, a statutory offense to carry a weapon off your own premises-I question whether or not that would be in accord with the Constitution on search and seizure. And because of that, I was somewhat curious to observe on the Today Show this morning, that electronic searches were being carried out on the public in reference to the President's visits. I would appreciate any assistance your Department can give to my local law enforcement officers as to how they might do that. Mr. GAINER. Apparently, technology is catching up with your concept. You are right that there is an interesting question as to whether or not an electronic search is sufficiently analogous to an electronic surveillance to pick up conversation that the principle of the Katz case would apply. A lawyer could argue it either way. What the courts will decide in this area, I am not sure. Certainly there is not the same degree of invasion of privacy as would obtain in a situation where a conversation-a private conversation, made under circumstances in which the individual reasonably felt it could not be overheard was the subject of an electronic surveillance. Mr. MANN. Thank you. Mr. CONYERS. Well, Mr. Gainer and Ms. Skrivseth, technology may be catching up with this concept, but "Big Brother" may be overtaking us all. Thank you very much for your helpfulness here this morning. Our next witness is the Assistant Secretary of the Army, Hon. Harold Brownman. He is accompanied by Col. Jack Rollinger and, perhaps, others whom they will identify. Welcome, Mr. Secretary and Colonel. We are delighted to have you before us. We appreciate your diligence in preparing your statements and a résumé which will also go into the record that more fully identify you and your prior activities. We turn now for an examination of the National Board for the Promotion of Rifle Practice in the civilian marksmanship programs. Your statements will be incorporated into the record at this point, and you may highlight them for us in your own way. [The prepared statement of Hon. Harold L. Brownman follows:] BIOGRAPHICAL SKETCH OF HAROLD L. BROWNMAN EDUCATIONAL BACKGROUND B.E.E., Polytechnic Institute of Brooklyn, 1944. Has completed all the course requirements for the degree of D.E.E. PROFESSIONAL EXPERIENCE Mr. Brownman served with the Central Intelligence Agency (CIA) from October 1970 to August 1964 and was the head of the Office of Special Projects until February 1973. In this position he managed several highly sensitive national intelligence collection programs. For the remainder of his tenure with the CIA, Mr. Brownman was the Deputy Director for Management and Services. This directorate was responsible for overseeing a broad gamut of management issues which originated from throughout the entire agency. In June 1969 Mr. Brownman was made Vice President-Systems of the Garland Division of LTV Electrosystems, Inc., with overall responsibility for the design and development of electronic systems produced in the product lines of Communications, Data Systems, Electronic Warfare, Guidance Systems, Space Systems, and Special Projects. From January 1967 to June 1969 Mr. Brownman was Product Line Director of the Space Systems Department of LTV Electrosystems, Inc., Garland Division. From June 1966 to January 1967, Mr. Brownman was Assistant to the Division Director for Systems Engineering in the Engineering and New Programs Division at Airborne Instruments Laboratory (AIL), a Division of Cutler-Hammer, Inc. Prior to that time he was Head of the Data Systems Department in the Engineering and New Programs Division. This department was primarily engaged in the development of complete data processing and display systems. Some of these systems have been developed to process electronic reconnaissance data for various types of collection systems. As an outgrowth of this work, the department actively participated in defining collection system_requirements. Mr. Brownman joined AIL in 1958 as Chief System Engineer of the USD-7 program management team and later became Technical Director. In 1961, he was appointed Department Head of Ground Support Systems in the Research and Systems Engineering Division. In the course of expanded activities and continued growth of the department, it has become the Data Systems Department. From 1955 to 1958, Mr. Brownman was employed by Fairchild Camera and Instruments Corp. in reconnaissance system management and planning. He was Program Director of the 306L management team. The 306L program was a reconnaissance system for the Tactical Air Command which included day and night photography, infrared detection techniques, radar, ferret, weather and nuclear radiation systems, as well as the data handling and ground support systems. Mr. Brownman was responsible for a high resolution radar strip recording program employing special electro-optical techniques. From 1954 to 1955, Mr. Brownman was employed by the American BoschArma Corporation as a Senior Engineer for digital computers. He was engaged in the development of two real-time computers; one for ASE and the other for a missile guidance system (Atlas). Mr. Brownman was a Project Engineer for the Teleregister Corp. from 1950 to 1954, responsible for design and development projects covering special simulators, analog and digital computers, data handling and special display devices. From 1949 to 1950, Mr. Brownman was employed by Servomechanisms, Inc. as a Senior Electronic Engineer in the design and development of servo systems and analog computers for commercial and military applications. He was an Electronic Engineer for Fairchild Engine and Airplane Corp., Pilotless Plane Division, from 1948 to 1949, assigned to development of servo systems, analog computers, and the mechanization of a missile guidance system. From 1946 to 1948, he was an instructor in Electrical Engineering at Polytechnic Institute of Brooklyn, continuing this on a part-time basis until 1953. Mr. Brownman was in the U.S. Army Air Force from 1944 to 1946. Mr. Brownman is a member of Sigma Xi and the Institute of Electrical and Electronics Engineers, Inc. His activities in the Long Island Section included: 1961-62 Publicity Chairman; 1962-63 Secretary; 1963-64 Vice Chairman; 1964– 65 Chairman. He has also served as Publicity Chairman for the G-MTT 1964 International Symposium and has been on the Banquet Committee of the I.E.E.E. International Convention for a number of years. He is also a member of the American Institute of Aeronautics and Astronautics and the National Association of Old Crows. BIOGRAPHICAL SKETCH OF COL. JACK L. ROLLINGER Colonel Rollinger was born April 7, 1931 in Akron, Ohio. He attended the Kentucky Military Institute and Ball State Teachers College before graduating from Indiana University with a Bachelor of Science degree. As a Distinguished Military Graduate, Colonel Rollinger received a Regular Army commission and entered the service as a Second Lieutenant in August 1953. Since then he has served with eight different Army divisions, commanding infantry and aviation units in addition to duty in various staff assignments. Colonel Rollinger attended the U.S. Army Command and General Staff College in 1968, served two tours of duty in Vietnam and has twice been assigned on the Department of Army staff before becoming the Director of Civilian Marksmanship in June 1974. STATEMENT OF HAROLD L. BROWNMAN, ASSISTANT SECRETARY OF THE ARMY Mr. Chairman and members of the committee, it is my privilege to appear before this committee to discuss the Civilian Marksmanship Program. The Program was originated in 1903 when the Secretary of War, Mr. Elihu Root, learned that in times of emergency many young men were called to active duty and entered combat inadequately trained to fire their weapons. This was due primarily to the large movement of our population in the late 1800's from the country to the city. Prior to this time, our youngsters had grown up with a rifle in their hands learning to hunt and protect their familities. However, with the movement to the more populated areas, there was a lesser need to use a rifle or learn to shoot. After learning of the situation, the Secretary of War established the National Board for the Promotion of Rifle Practice which was subsequently chartered under Title 10, United States Code. The mission given the Board was, "to promote among able-bodied citizens, not reached through training programs of the active components of the Armed Forces of the United States, practice in the use of military type individual small arms." With the reorganization of the War Department, the responsibility for the National Board for the Promotion of Rifle Practice was passed to the Secretary of the Army; although the membership has remained with senior officers of all services as well as Government officials and distinguished civilian representatives. The Office of the Director of Civilian Marksmanship is the implementing agency for the Secretary of the Army responsible for carrying out the policies and programs recommended by the Board and approved by the Board President. Today this program supports more than 2,400 shooting clubs with a membership exceeding 140,000 boys and girls as well as men and women throughout the country. The return benefits over the years have not only been the young people entering military service with an ability to shoot well, but also a ready reserve of men and women who possess the experience and leadership capabilities to come forward in a time of National emergency to conduct training and manage rifle ranges at our military installations. More importantly, during time of peace, dedicated club leaders provide valuable training which offers the youth of America an understanding and respect for firearms. This training is conducted with a quality rifle owned by the Government but registered and loaned indefinitely to a club. The young men and women who continue through the junior shooter program will continue to improve their skills by participation in various competitive acitvities. A growing number will progress to represent the United States as members of international shooting teams in Olympic, World Shooting Championships, and Pan American Games. In 1974 six members of the United States team, including a 16-year-old girl, won a total of 52 medals in the World Shooting Championships at Thun, Switzerland. All of these members were products of the National Board for the Promotion of Rifle Practice sponsored programs. Mr. Chairman, your Committee is interested in the methods by which private citizens obtain firearms from the Army so at this time I will discuss our governing Regulation 920-20 and describe our system of controls. First though, I would like to make it clear that we do not support a handgun program. Prior to 1968, we loaned caliber .45 pistols to our clubs and made handguns available in the sales program. We no longer loan handguns to our clubs or make handguns availabel in our sales program. Also, we do not provide or sell handgun ammunition such as calibers .38 or .45. We do, however, loan to our clubs caliber 22 target rifles and provide caliber .22 ammunition. In fact, for the fiscal year ending 30 June 1975, we supported rifle clubs with 17,119 rifles and provided 18 million rounds of caliber .22 ammunition. The ammunition provided a club is based on 300 rounds a year per junior shooter between the gaes of 12 and 19. Each club is also loaned rifles according to their membership. To be enrolled, a club must have at least 10 junior members for which four rifles would be provided. One additional rifle is authorized for each five additional members up to 10 rifles per club. To insure that a club is organized with honorable intentions, there must be at least three responsible adult members who are United States citizens, under whose direct supervision the junior members function in all aspects of this program. A club wishing to enroll with the Director of Civilian Marksmanship must be bonded for the value of Government equipment to be loaned. A fingerprint card and statement of personal history must also accompany the application for enrollment to permit the Director of Civilian Marksmanship to have a National Agency check conducted. Additionally, assurance of compliance with Title VI of the Civil Rights Act of 1964 must be furnished by the club. The Director of Civilian Marksmanship refers the statements of personal history to the Bureau of Alcohol, Tobacco, and Firearms of the United States Treasury Department in addition to the National Agency Check Center at Fort Holabird. Further, the club must submit the name of a local law enforcement officer who is contacted if additional information is required regarding club officials or members. Each year after a club is enrolled, an Annual Report is submitted, listing the club members by name, including their record of firing scores, and the serial numbers of the Government rifles on loan to the club. In addition to the caliber .22 rifles loaned our junior clubs, we provide senior clubs and state associations with caliber .30 service rifles. There are 4,024 of these rifles on loan at this time. We do not provide caliber .30 ammunition to senior clubs because our program emphasizes support for the junior shooters. The Title 10 rifle sales program is also managed by the Director of Civilian Marksmanship. Authorization and limitations of sales are controlled by the Secretary of the Army based upon requirements and availability of rifles. This year, 300 M1 rifles were sold. The M1 is the only type rifle which is currently available in the sales program. This is the rifle which was developed during the second World War and also used during the Korean conflict. The sales program is carefully managed and controlled to insure a rifle is not sold to a person who would be likely to use it improperly. In fact sale of the 300 rifles approved in 1974 required ten months to complete. Each request for purchase must include sufficient information and proof to adequately identify the requestor as a competitive shooter enrolled in one of our clubs or state associations. A record check is first made with the National Rifle Association to verify that the purchaser is a member in good standing as required by Title 10, U.S. Code. The purchase request is then forwarded to the Treasury Department for a law enforcement agency check. After the requestor has been cleared for purchase, his approved application, together with appropriate payment is forwarded by the Director of Civilian Marksmanship to the United States Army Armament Command for delivery of the rifle. The serial number of the rifle and name and address of the buyer is recorded and maintained by ARMCOM. Additionally, a computer system is being developed for the Director of Civilian Marksmanship. The program should be in operation within the next few months and will contain the serial numbers of every rifle that is loaned to the clubs. Additional information pertaining to the clubs will be contained in the program which will provide responsive answers and will enable intensive management of our equipment. In the past this information was contained only in club folders filed in the Office of the Director of Civilian Marksmanship. In effect, the Army will have a system of registration and gun control which would be compatible with any state or Federal legislation which could be enacted in the future. This is part of the Department of the Army overall effort to insure security and accountability of its entire conventional small arms and ammunition inventory. In September 1974, the Secretary of the Army directed a complete review of weapons/ammunition security in the Army. The result of this review was a report by the Department of the Army Physical Security Review Board (DAPSRB) which made numerous recommendations to enhance the Army's posture in this area. A copy of this report was provided previously to the House Armed Services Investigation Subcommittee. Significant actions underway to improve Armywide security as the result of the Army report and those which preceded the report included utilization of guards or intrusion detection systems on all arms and ammunition storage facilities, upgrade and repair of all arms rooms and ammunition magazines, upgrade of ammunition storage sites, improved access control and personnel certification systems, closer coordination between law enforcement agencies, development of containers for arms room and instrusion detection system keys, reduction of number of weapons in certain units and increased security measures for weapons and ammunition in the field. To accomplish the foregoing, the Department of the Army has programmed approximately $12 million during the next four years for improvement of arms rooms, $105 million for upgrade of ammunition storage sites, worldwide, and $12 million for development of intrusion detection systems and containers for arms rooms and intrusion detection system keys. The results of the success attained in the programs underway are reflected in the statistics concerning loss and theft. While many portions of the programs will not be completed for several years, the command emphasis and measures already employed have resulted in continued reduction of arms losses or thefts from 3039 in 1971 to 471 in 1975, with many losses attributable to personal negligence rather than theft. In August 1975, the DAPSRB began an inquiry into the security afforded weapons and ammunition provided Civilian |