police officer and his family. Someone must actually contend with the violent elements of our society on a face-to-face basis. We must ask someone to do it. And the greater the risk involved, the greater our Nation's support and gratitude should be. We look forward, we hope, to swift consideration in the passage of this bill because there is a growing concensus that now is the time to show our support for those who uphold the law at the risk of losing their own lives. I know that the mail I have received regarding this bill is 100 percent in favor of its passage. This hearing this morning will be confined to S. 2087, however, I do wish to state for the record that it is the Chair's intention to schedule additional hearings in the future on several related measures in the law enforcement field including S. 16, S. 33, S. 750, and S. 1946. I shall place in the record certain documents to which I have referred. (S. 2087 together with a letter dated June 1, 1971, from the Office of the Attorney General and two amendments to S. 2087 intended to be proposed by Senator Thurmond follow. Bills included in subsequent hearings, together with agency reports also follow.) [S. 16, 92d Cong., first sess.] [Senator McClellan, Jan. 25, 1971] A BILL to amend title IX of the Organized Crime Control Act of 1970 to provide civil remedies to victims of activities prohibited by said title, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Organized Crime Control Act of 1970 (84 Stat. 922), title 18, United States Code, section 1964, is amended as follows: (1) In subsection (a) insert “, without regard to the amount in controversy," after "jurisdiction". (2) In subsection (b) insert "subsection (a) of" after "under" each time it appears. (3) In subsection (b) strike "action" and insert in lieu thereof "proceedings". (4) Strike subsections (c) and (d) and insert in lieu thereof: "(c) Any person may institute proceedings under subsection (a) of this section. In any proceeding brought by any person under subsection (a) of this section, relief shall be granted in conformity with the principles which govern the granting of injunctive relief from threatened loss or damage in other cases. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of irreparable loss or damage, a preliminary injunction may be issued in any action before a determination thereof upon its merits. "(d) Whenever the United States is injured in its business or property by reason of any violation of section 1962 of this chapter, the Attorney General may bring a civil action in a district court of the United States, without regard to the amount in controversy, and shall recover the actual damages sustained by it, and the cost of the action. "(e) Any person who is injured in his business or property by reason of any violation of sectioin 1962 of this chapter may bring a civil action in a district court of the United States, without regard to the amount in controversy, and shall recover threefold the actual damages sustained by him, and the cost of the action, including a reasonable attorney's fee. "(f) The Attorney General may upon timely application intervene in any civil action or proceeding brought under this chapter, if the Attorney General certifies that in his opinion the case is of general public importance. In such action or proceeding, the United States shall be entitled to the same relief as if it had instituted the action or proceeding. (g) A final judgment or decree rendered in favor of the United States in any criminal or civil action or proceeding under this chapter shall estop the defendant in any subsequent civil proceeding as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto. (h) Except as hereinafter provided, any civil action under this section shall be barred unless it is commenced within five years after the cause of action accrued. Whenever any civil or criminal action or proceeding, other than an action under subsection (d) of this section, is brought or intervened in by the United States to prevent, restrain, or punish any violation of section 1962 of this chapter the running of the period of limitations prescribed by this subsection with respect to any cause of action arising under subsections (c) and (e) of this section, which is based in whole or in part on any matter complained of in such action or proceeding by the United States, shall be suspended during the pendency of such action or proceeding by the United States and for two years thereafter." SEC. 2. Title 18, United States Code, section 1965, is amended as follows: (1) In subsection (b) strike "action under section 1964 of" and insert in lieu thereof "civil action or proceeding under". (2) In subsection (c) strike "instituted by the United States". (3) In subsection (d) insert "civil or criminal" before "action". SEC. 3. Title 18, United States Code, section 1966, is amended by striking "any civil action instituted under this chapter by the United States" in the first sentence and inserting in lieu thereof "any civil action or proceeding under this chapter in which the United States is a party". SEC. 4. Title 18, United States Code, section 1967, is amended by striking “instituted by the United States". SEC. 5. Title 18, United States Code, section 1968, is amended as follows: (1) In the first sentence of subsection (a) striking "prior to the institution of a civil or criminal proceeding" and inserting in lieu thereof "before he institutes or intervenes in a civil or criminal action or proceeding". (2) In paragraph (4) of subsection (f) striking "case" the first time it appears and inserting in lieu thereof "civil or criminal action" and striking "case" each time thereafter and inserting in lieu thereof "action". (3) In paragraph (5) of subsection (f) striking "case" each time it appears and inserting in lieu thereof "action". (4) In paragraph (6) of subsection (f) striking "case" and inserting in lieu thereof "action". Hon. JAMES O. EASTLAND, OFFICE OF THE DEPUTY ATTORNEY GENERAL, Chairman, Committee on the Judiciary, Washington, D.C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 16, a bill to amend Title IX of the Organized Crime Control Act of 1970, to provide civil remedies to victims of activities prohibited by said title. Title IX of the Organized Crime Control Act of 1970 created in title 18, United States Code, a new chapter entitled "Racketeer Influenced and Corrupt Organizations." The substantive provision added by title IX is 18 U.S.C. 1962, which contains a three-fold standard (1) making unlawful the use or investment of income from "racketeering activity", or its proceeds, in the acquisition of an interest in an enterprise engaged in interstate commerce; (2) prohibiting the acquisititon of any enterprise engaged in interstate commerce through a "pattern" of "racketeering activity," and (3) proscribing the operation of any enterprise engaged in interstate commerce through a "pattern" of "racketeering activity." Section 1964 of title 18, as added by title IX of the Act, provides certain civil remedies for violations of section 1962, including proceedings by the United States in the district courts to prevent and restrain such violations, trebledamage actions by persons injured in their business or property, and collateral estoppel, in such proceedings, as to any judgment rendered in favor of the United States in a criminal proceeding under title IX. Subsequent sections added by the title, 1965-1968, contain special provisions relating to venue and process, expedition of actions, the closing of certain proceedings to the public, and civil investigative demands by the Attorney General. S. 16 would adopt with appropriate modifications and refinement much of the language of the antitrust laws. Section 1964 would be amended to permit any person to institute a civil proceeding and authorize the court to grant immediate injunctive relief upon the execution of a bond against damages. The United States would have the power to sue in any instance where it is injured in its property or business by reason of a violation of section 1962, and the Attorney General would be empowered to intervene in any civil action or proceeding which he determines is a case of "general public importance." In a case in which the United States intervened, it could be granted the same relief as if it had instituted the action. Collateral estoppel would be extended to include a judgment or decree rendered in favor of the United States in a civil action as well as a criminal proceeding. The bill would also amend 18 U.S.C. 1964 by adding a new subsection (h) to provide for a five year statute of limitations and to suspend the running of the statute with respect to suits brought by private persons during the pendency of a section 1962 criminal proceeding or a private civil action or proceeding in which the United States has intervened and for two years thereafter. In addition, S. 16 would amend title IX to permit the district courts to entertain civil actions and proceedings without regard to the amount in controversy. I would also extend nationwide service of subpoenaes to private parties; permit expedition of actions in any case in which the United States is a party; allow the court to close proceedings between private persons; permit the Attorney General to issue a civil investigative demand before he institutes or intervenes in a civil or criminal action or proceeding; and substitute the word "action" for the word "case" in section 1968. We would recommend for the sake of clarity that the word "thereafter" be stricken from the proposed 18 U.S.C. 1964 (h), and that "after the entry of final judgment or the exhaustion of all appellate remedies by defendant or the United States, whichever is later, be inserted in lieu thereof. The Department of Justice recommends enactment of this legislation amended as suggested above. The Office of Management and Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's Program. Sincerely, RICHARD G. KLEINDIENST, Deputy Attorney General. [S. 33, 92d Cong., first sess.] A BILL To authorize the Attorney General to provide a group life insurance program for State and local government law enforcement officers Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Law Enforcement Officers' Group Life Insurance Act of 1971". DEFINITIONS SEC. 2. For the purposes of this title (1) The term "month" means a month which runs from a given day in one month to a day of the corresponding number in the next or specified succeeding month, except where the last month has not so many days, in which event it expires on the last day of the month. (2) The term "full time" means such period or type of employment or duty as may be prescribed by regulation promulgated by the Attorney General. (3) The term "law enforcement officer" means, pursuant to regulations promulgated by the Attorney General, an individual who is employed full time by a State or a unit of local government primarily to patrol the highways or otherwise preserve order and enforce the laws. (4) The term "State" means any State of the United States, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (5) The term "unit of local government" means any city, county, township, town, borough, parish, village, or other general purpose subdivision of a State, or any Indian tribe which the Secretary of the Interior determines performs law enforcement functions. ELIGIBLE INSURANCE COMPANIES SEC. 3. (a) The Attorney General is authorized, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), to purchase from one or more life insurance companies a policy or policies of group life insurance to provide the benefits provided under this Act. Each such life insurance company must (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Attorney General, have in effect at least 1 per centum of the total amount of group life insurance which all life insurance companies have in effect in the United States. (b) Any life insurance Company issuing such a policy shall establish an administrative office at a place and under a name designated by the Attorney General. (c) The Attorney General shall arrange with each life insurance company issuing any policy under this Act to reinsure, under conditions approved by him, portions of the total amount of insurance under such policy with such other life insurance companies (which meet qualifying criteria set forth by the Attorney General as may elect to participate in such reinsurance. (d) The Attorney General may at any time discontinue any policy which he has purchased from any insurance company under this Act. PERSONS INSURED; AMOUNT SEC. 4 (a) Any policy of insurance purchased by the Attorney General under this Act shall automatically insure any law enforcement officer on a full-time basis by a State or unit of local government which has (1) applied to the Attorney General for participation in the insurance program provided under this Act, and (2) agreed to deduct from such officer's pay the amount of the premium and forward such amount to the Department of Justice or such other agency or office as is designated by the Attorney General as the collection agency for such premiums. The insurance provided under this Act shall take effect from the first day agreed upon by the Attorney General and the responsible official of the State or unit of local government making application for participation in the program as to law enforcement officers then on the payroll, and as to law enforcement officers thereafter entering on full-time duty from the first day of such duty. The insurance provided by this Act shall so insure all such law enforcement officers unless any such officer elects in writing not to be insured under this Act. If any such officer elects not to be insured under this Act he may thereafter, if eligible, be insured under this Act upon written application, proof of good health, and compliance with such other terms and conditions as may be prescribed by the Attorney General. (b) A law enforcement officer eligible for insurance under this Act is entitled to be insured for an amount of group life insurance, plus an equal amount of group accidental death and dismemberment insurance, in accordance with the following schedule: The amount of such insurance shall automatically increase at any time the amount of increases in the annual basic rate of pay places any such officer in a new pay bracket of the schedule. (c) Subject to the conditions and limitations approved by the Attorney General and which shall be included in the policy purchased by him, the group accidental death and dismemberment insurance shall provide for the following payments: Loss For loss of life---- Loss of one hand or of one foot or loss of sight of one eye. Loss of two or more members or loss of sight in both eyes. Amount payable Full amount shown in the schedule in subsection (b) of this section. One-half of the amount shown in the schedule in subsection (b) of this section. Full amount shown in the schedule in subsection (b) of this section. The aggregate amount of group accidental death and dismemberment insurance that may be paid in the case of any insured as the result of any one accident may not exceed the amount shown in the schedule in subsection (b) of this section. (d) The Attorney General shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. TERMINATION OF COVERAGE SEC. 5. Each policy purchased by the Attorney General under this Act shall contain a provision, in terms approved by the Attorney General, to the effect that any insurance thereunder on any law enforcement officer shall cease thirtyone days after (1) his separation or release from full-time duty as such an officer or (2) discontinuance of his pay as such an officer, whichever is earlier. CONVERSION SEC. 6. Each policy purchased by the Attorney General under this Act shall contain a provision for the conversion of such insurance effective the day following the date such insurance would cease as provided in section 5 of this Act. During the period such insurance is in force the insured, upon request to the office established under section 3(b) of this Act, shall be furnished a list of life insurance companies participating in the program established under this Act and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a permanent plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount of premiums if the insured engages in law enforcement activities. In addition to the life insurance companies participating in the program established under this Act, such list shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms, and conditions established by the Attorney General and agree to sell insurance to any eligible insured in accordance with the provisions of this section. WITH HOLDING OF PREMIUMS FROM PAY SEC. 7. During any period in which a law enforcement officer is insured under a policy of insurance purchased by the Attorney General under this Act, his employer shall withhold each month from his basic or other pay until separation or release from full-time duty as a law enforcement officer an amount determined by the Attorney General to be such officer's share of the cost of his group life insurance and accidental death and dismemberment insurance. Any such amount not withheld from the basic or other pay of such officer insured under this Act while on full-time duty as a law enforcement officer, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount determined by the Attorney General to be charged any law enforcement officer for each unit of insurance under this Act may be continued from year to year, except that the Attorney General may redetermine such monthly amount from time to time in accordance with experience. SHARING OF COST OF INSURANCE SEC. 8. For each month any law enforcement officer is insured under this title the United States shall bear not to exceed one-third of the cost of such |