“(c) Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which such section operates, to the exclusion of any laws of any State, Commonwealth of Puerto Rico, territory or possession, or the District of Columbia, on the same subject matter."

(b) The chapter analysis of chapter 73, title 18, United States Code, is amended by adding at the end thereof the following new item:

"1510. Obstruction of criminal investigations."

[H.R. 6053, 90th Cong., first sess.]

A BILL To permit the compelling of testimony with respect to certain crimes, and the granting of immunity in connection therewith

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1952 of title 18, United States Code, is amended, by adding at the end thereof the following new subsection: "(d) Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving a violation of this section, or any conspiracy to violate this sec tion, is necessary to the public interest, he, upon the approval of the Attorney General or an Assistant Attorney General designated by the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this subsection, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled or evidence so produced be used as evidence in any criminal proceeding (except prosecution described in the next sentence) against him in any court. No witness shall be execpt under this subsection from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this subsection."

SEC. 2. Section 1503 of title 18, United States Code, is amended by placing "(a)" before the present paragraph and by adding the following new subsection at the end thereof:

"(b) Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving a violation of this section, or any conspiracy to violate this section, is necessary to the public interest, he, upon the approval of the Attorney General or an Assistant Attorney General designated by the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this subsection, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled or evidence so produced be used as evidence in any criminal proceeding (except prosecution described in the next sentence) against him in any court. No witness shall be except under this subsection from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this subsection."

SEC. 3. Chapter 9 of title 18, United States Code, is amended by adding the following new section at the end thereof:

"8 156. Refusal to testify

"Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States in

volving a violation of this chapter, or any conspiracy to violate this chapter, is necessary to the public interest, he, upon the approval of the Attorney General or an Assistant Attorney General designated by the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this section, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled or evidence so produced be used as evidence in any criminal proceeding (except prosecution described in the next sentence) against him in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section." SEC. 4. Chapter 11 of title 18, United States Code, is amended by adding the following new section at the end thereof:

"§ 225. Refusal to testify

"(a) Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving a violation of this chapter, or any conspiracy to violate this chapter, is necessary to the public interest, he, upon the approval of the Attorney General or an Assistant Attorney General designated by the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this section, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled or evidence so produced be used as evidence in any criminal proceeding (except prosecution described in the next sentence) against him in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section."

SEC. 5. (a) The analysis of chapter 9 of title 19, United States Code, is amended by adding the following new item at the end thereof:

"156. Refusal to testify."

(b) The analysis of chapter 11 of title 18, United States Code, is amended by adding the following new item at the end thereof:

"225. Refusal to testify."

Mr. CORMAN. Congressman William C. Cramer, Representative from Florida.

STATEMENT OF HON. WILLIAM C. CRAMER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA

Mr. CRAMER. Thank you very much, Mr. Chairman and members of the committee. I am delighted to have the opportunity to be back. before the Judiciary Committee on which I had the privilege of serving for a number of years. It brings back a little nostalgia to me to be back, even though it is on this side of the table.

I developed, as a member of this committee, a very strong interest in anticrime legislation. I have with me, again rather nostalgically, a copy of a bill I introduced back in 1961 with regard to antigangsterism, against organized crime, some of which is still pending and some of which I will be testifying on which has not yet become law.

It is slightly dogeared and marked up but it is from back in 1961. A good portion of it, due to the then support of the administration, this committee, and Members of Congress, did become law.

I can fully appreciate the heavy responsibility of this committee and this subcommittee in particular in recommending legislation which toes the ofttimes narrow line between constitutional permissiveness and social necessity. It is never an easy matter to adjust the delicate balance between the protection of the accused on the one side, and the rights of society to be safe from criminals on the other. Nevertheless, when the scales get out of kilter, it is this committee's duty in the first instance to recommend ways to adjust them. In my judg ment, the heavy thumb of Supreme Court decisions has placed the scales of justice out of kilter and weighted them-indeed, overweighted them-in favor of the accused.

I might add that when law-abiding, taxpaying American citizens appear before a committee of the United States Congress with their heads masked in sackcloth, for fear of criminal reprisal, then it's rather obvious crime in America is out of hand. It is high time that this Congress accept the challenge and give serious consideration to the enactment of laws which will really make our streets safe and our persons and property secure.

In this connection, I am amazed that the administration would recommend a bill which it calls the Safe Streets and Crime Control Act which doesn't include a provision for keeping the streets safe from rioters and rabblerousers. The crying need in America today is for a strong antiriot law which will give the Federal Government authority to apprehend those who would incite others to violence and then escape the jurisdictional of local law enforcement authorities by crossing State lines, or by using interstate commerce or interstate facilities to accomplish riots in the first instance.

I urge this committee to consider my antiriot bill, H.R. 421, which passed the House last session as an amendment to the Civil Rights Bill of 1966, by a vote of 387 to 25. Such people as Stokely Carmichael, George Lincoln Rockwell, and Ku Klux Klanners, must be put out of business and enactment of my antiriot bill and vigorous enforcement thereof would accomplish this goal.

It is being prognosticated by many persons who appear to be in the business, and some wanting to get in the business, that this will be the hottest ad most riottorn summer in the history of this country. That is their prognostication. Their statements have been placed in the Congressional Record.

I would hope that we would accept our responsibility in providing a necessary deterrent so that Stokely Carmichael, as an example, Lincoln Rockwell as another, and in particular Carmichael, cannot travel throughout this country stirring up the people with the obvious intent of creating riots. Carmichael, only last year in Cleveland, Ohio, stated, after businessmen started replacing their broken windows with brick walls to prevent further destruction by Molotov cocktails, that the next time he would come back with dynamite.

This is the kind of a statement, the kind of rabblerousing, proven by the end results of riots and bloodshedding, pillaging, robbing of stores, about which something needs to be done.

I am sure, particularly the gentleman in the chair with whom I had the privilege of serving on the subcommittee for a number of years, recalls the chairman's suggestion that this would be one of the first orders of business at this session of Congress and of this committee. I have asked the Chairman to make it so by letter recently, having discussed it with him personally before that. I am hoping this will be accomplished.

The obvious place for an antiriot measure is in the anticrime package voted out by this committee. It is an amendment to title 18. It is a crime. If you are going to have safe streets they should be safe from such agitators and rioters.

I would also hope this committee would lend its support to the establishment of a Joint Commission on Organized Crime, a bill I introduced and which is pending before the Rules Committee. Surely, if we can support a Joint Economic Committee which looks after the economic health of the Nation, we should be able to support a Joint Committee on Organized Crime to look after the moral health of the

Nation.

Crime is constantly on the move and yet from my past experience on this committee, the only time it considers anticrime legislation is when it is told to do so by the President. A Joint Committee on Organized Crime would have constant oversight responsibility, would be able to keep pace with the growing rate of organized crime, and hopefully would be able to come forth with timely legislative recommendations to deal with the growing criminal octopus.

I emphasize that these bills are only a first step on what is a long journey toward making it easier for law enforcement authorities to secure criminal convictions. Congress also has the responsibility to cast light on the dark cave in which the Supreme Court has, through some ill-considered decisions, thrust the field of law enforcement. This it must do by setting forth clear and precise laws which spell out the conditions under which the police may interrogate a suspect, how long the suspect may be retained, when a confession is "voluntary", , and when the right to counsel begins.

Again reflecting on this committee's work I am sure the members who were here then recall that 4 or 5 years ago a bill to try to clarify the procedural question relating to the Mallory decision not only got through the House but a bill somewhat at variance got through the Senate.

We went to conference in the dying days of the Congress, and I was on that conference.

I thought we worked out our differences. We passed the conference report in the House. The other body did not act upon it because of differences of opinion, apparently, which arose in the last hours of the session.

We were almost successful in trying to set some standard, some guidance-this is a procedural matter-relating to the Mallory decision and what period of time can expire between arrest and arraignment without a confession being poisoned and thus being involuntary solely because of the lapse of a period of time before arraignment.

This is a subject that this committee is capable of dealing with. I would hope it would likewise deal with the effect of cases relating to

right to counsel. I personally feel that the law enforcement authorities of this Nation, the arresting officers, and what have you, are at a loss to know what the rules of the game are. This is a committee which can do something to bring the law enforcement authorities out of this

morass.

Likewise, Congress must consider laws which assist State and local law enforcement agencies in improving their capabilities, techniques, and practices in the prevention and control of crime and juvenile delinquency. In this connection, I have introduced a bill, H.R. 5052, which would establish a National Institute of Law Enforcement and Crime within the Department of Justice. Patterned after the National Institutes of Health, which looks after the Nation's physical and mental health, my bill would create an agency to assist in the preservation of the Nation's moral health.

Working hand in hand with the Joint Commission on Organized Crime on the legislative level, there would be a National Institute of Law Enforcement and Crime doing its job on the executive level.

Unlike the administration's Safe Streets and Crime Control Act, which this committee is presently considering, my bill would eliminate the extreme and complex requirements and Federal controls which would be thrust upon State and local law enforcement agencies in complying with the criteria established by the President's proposal. I am hopeful this committee will give serious consideration to a bill patterned along the lines of my legislation.

Clearly, assistance in the form of education, research, and training for local law enforcement authorities is needed and I mention this at this point to indicate my interest in and support for this needed approach to fighting crime. I am also requesting at this point that I be permitted to place in the record of these hearings, following my testimony, an explanation of this particular bill.

Mr. CORMAN. Without objection that may be done.

Mr. CRAMER. Specifically, I am testifying in behalf of my bills, H.R. 6051 and H.R. 6053.

The first of my bills, H.R. 6051, amends title 18 by adding a new section prohibiting the obstruction of Federal criminal investigations. This is a matter which the President himself recommended, at least the basic concept, in his message on crime in America, February 6, 1967, in which he said:

In order to assist in gathering competent evidence.
There is a need for regulation making:

It a Federal crime to coerce or threaten a person who is willing to give vital information to our Federal investigators, thus extending additional protection to potential witnesses at the beginning of an organized crime investigation before a grand jury has been convened.

My bill to accomplish these objectives, prohibits the obstruction of Federal criminal investigations, by outlawing attempts to influence, intimidate, impede, or injure a witness or jouror in a judicial proceeding, a proceeding before a Federal agency, or an inquiry or investigation by the Congress or a committee of Congress. In the case of United States v. Scoratow, the court construed existing laws to not apply to attempts to obstruct a criminal investigation or inquiry before such a proceeding has been initiated. My bill would remedy this deficiency by providing penalties for attempting to obstruct communications to a