34 1 public from fundamental issues; (2) present rules and prac2 tices of disclosure incident to hearing and reviewing such 3 claims can and will unduly permit parties to obtain much 4 information unrelated to such claims and otherwise privi5 leged, inhibit communication by Government informants, 6 endanger the lives and safety of such informants, Government 7 agents and others, cause unjustified harm to reputations of 8 third persons, compromise national security and other crim9 inal and civil investigations, interfere with prosecutions and 10 civil actions, impair Federal-State cooperation in law enforce11 ment, and endanger the security of the United States; (3) 12 when such claims concern evidence of events occurring years 13 after the allegedly unlawful acts, those consequences of litiga14 tion and disclosure are aggravated and the claims often can15 not reliably be determined; and (4) when the allegedly 16 unlawful act has occurred more than five years prior to the 17 event in question, there is virtually no likelihood that the 18 evidence offered to prove the event has been obtained by the 19 exploitation of that allegedly unlawful act. 12 13 22 2 23 PART B-LITIGATION CONCERNING SOURCES OF EVIDENCE SEC. 702. (a) Chapter 223, title 18, United States 23 Code, is amended by adding at the end thereof the following 24 new section: 35 1 "§ 3504. Litigation concerning sources of evidence 2 "(a) In any trial, hearing, or other proceeding in or 3 before any court, grand jury, department, officer, agency, 4 regulatory body, or other authority of the United States, 5 a State or a political subdivision thereof— "(1) upon a claim, by a party aggrieved, that evidence is inadmissible because it is the primary product of an unlawful act or of lawful compulsion and grant of immunity, or because it was obtained by the exploitation of an unlawful act or of evidence given under lawful compulsion and grant of immunity, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act or compulsion; "(2) disclosure of information for a determination if evidence is inadmissible because it is the primary product of an unlawful act or of lawful compulsion and grant of immunity, or because it was obtained by the exploitation of an unlawful act or of evidence given under lawful compulsion and grant of immunity, shall not be required unless such information may be relevant to a pending claim of such inadmissibility and such disclosure is in the interest of justice; and "(3) no claim shall be considered that evidence of an event is inadmissible on the ground that such evidence 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 36 was obtained by the exploitation of an unlawful act or of evidence given under lawful compulsion and grant of immunity, if such event occurred more than five years after such allegedly unlawful act or compulsion. "(b) As used in this section "(1) 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and "(2) 'unlawful act' means any act in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto." (b) The analysis of chapter 223, title 18, United States Code, is amended by adding at the end thereof the following new item: “3504. Litigation concerning sources of evidence." SEC. 703. This title shall apply to all proceedings, 17 regardless of when commenced, occurring after the date of its 18 enactment. Paragraph (3) of subsection (a) of section 3504, 19 chapter 223, title 18, United States Code, shall not apply to 20 any proceeding in which all information to be relied upon 227 21 to establish inadmissibility was possessed by the party making 22 such claim and adduced in such proceeding prior to such 23 enactment. 1 2 3 37 TITLE VIII-SYNDICATED GAMBLING PART A-SPECIAL FINDINGS SEC. 801. The Congress finds that (1) illegal gambling 4 involves widespread use of, and has an effect upon, interstate 5 commerce and the facilities thereof; (2) illegal gambling is 6 dependent upon facilities of interstate commerce for such pur7 poses as obtaining odds, making and accepting bets, and lay8 ing off bets; (3) money derived from or used in illegal 9 gambling moves in interstate commerce or is handled through 10 the facilities thereof; (4) paraphernalia for use in illegal 11 gambling moves in interstate commerce; and (5) illegal 12 gambling enterprises are facilitated by the corruption and 13 bribery of State and local officials or employees responsible 14 for the execution or enforcement of criminal laws. 15 16 17 PART B-OBSTRUCTION OF STATE OR LOCAL LAW ENFORCEMENT SEC. 802. (a) Chapter 73, title 18, United States Code, 18 is amended by adding at the end thereof the following new 19 section: 20 21 "§ 1511. Obstruction of State or local law enforcement "(a) It shall be unlawful for two or more persons to 22 participate in a scheme to obstruct the enforcement of the 23 criminal laws of a State or political subdivision thereof, with 24 the intent to facilitate an illegal gambling business, if 1 2 3 4 5 6 7 8 9 10 11 12 133 14 15 16 17 18 19 2220 38 "(1) one or more of such persons does any act to effect the object of such a scheme; "(2) one or more of such persons is an official or employee, elected, appointed, or otherwise, who is responsible for the enforcement of criminal laws of such State or political subdivision; and "(3) one or more of such persons participates in an illegal gambling business. "(b) As used in this section "(1) 'illegal gambling business' means a gambling business which "(i) is a violation of the law of a State or political subdivision thereof; "(ii) involves five or more persons who participate in the gambling activity; and "(iii) has been or remains in operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day. "(2) 'gambling' includes pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice 21 tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein. 22 23 24 "(3) 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto |