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1 "(c) Copies maintained in the central repository shall

2 not be public records. Attested copies thereof

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"(1) may be furnished for law enforcement pur

poses on request of a court or law enforcement or cor

rections officer of the United States, the District of

6 Columbia, the Commonwealth of Puerto Rico, a territory

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or possession of the United States, any political subdivision, or any department, agency or instrumentality

thereof;

"(2) may be furnished for law enforcement purposes on request of a court or law enforcement or corrections officer of a State, any political subdivision, or

any department, agency or instrumentality thereof, if a statute of such State requires that, upon the conviction of a defendant in a court of the State or any political subdivision thereof for an offense punishable in such court by death or imprisonment in excess of one year, the court cause to be affixed to a copy of the written judg

ment of conviction the fingerprints of the defendant to

gether with certification by the court that the copy is a

true copy of the written judgment of conviction and that

the fingerprints are those of the defendant, and cause the

copy to be forwarded to the central repository; and

"(3) shall be admissible in any court of the United

States, the District of Columbia, the Commonwealth of

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Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof."

(b) The analysis of chapter 227, title 18, United States

5 Code, is amended by adding at the end thereof the following

7

"3575. Increased sentence for dangerous special offenders.

"3576. Review of sentence.

"3577. Use of information for sentencing.

"3578. Conviction records."

SEC. 1002. Section 3148, chapter 207, title 18, United

8 States Code, is amended by adding "or sentence review under 9 section 3576 of this title" immediately after "sentence".

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TITLE XI-GENERAL PROVISIONS

SEC. 1101. If the provisions of any part of this Act or 12 the application thereof to any person or circumstances be 13 held invalid, the provisions of the other parts and their 14 application to other persons or circumstances shall not be 15 affected thereby.

Passed the Senate January 23, 1970.

Attest:

FRANCIS R. VALEO,

Secretary.

The CHAIRMAN. Attorney General Mitchell has described organized crime as "a society of criminals who seek to operate outside of the control of the American people and their governments." As we embark on these hearings, we must take care to identify those types of criminal offenses which we classify as "organized crime." The need to define the target of this legislation and to circumscribe the reach of the substantive as well as the procedural provisions is underscored by the following brief statement from the 1967 report of the President's Commission on Law Enforcement and Administration of Justice:

A skid-row drunk lying in a gutter is crime. So is the killing of an unfaithful wife. A Cosa Nostra conspiracy to bribe public officials is crime. So is a strongarm robbery by a 15-year-old boy. The embezzlement of a corporation's funds by an executive is crime. So is the possession of marihuana cigarettes by a student. These crimes can no more be lumped together for purposes of analysis than can measles and schizophrenia, or lung cancer and a broken ankle. As with disease, so with crime: if causes are to be understood, if risks are to be evaluated, and if preventive or remedial actions are to be taken, each kind must be looked at separately. Thinking of "crime" as a whole is futile.

Thus, when we speak of "organized crime" we must not generalize— we must define our terms and focus on specifics. Comparable precision is essential in developing a Federal legislative program to eradicate organized crime.

The subcommittee has received an extensive and carefully documented report of the Committee on Federal Legislation of the Association of the Bar of the City of New York on S. 30. This report will be inserted in these hearings.

(The report may be found at pp. 291–341.)

The CHAIRMAN. The following statement indicates the tenor of the report's conclusions:

Taken as a whole, while S. 30 demonstrates commendable effort and attention to a terribly serious problem, in its present form it contains the seeds of official repression. Some of the aspects of the system of criminal justice S. 30 would seek to impose are almost Kafkaesque: a public official could be publicly condemned on the basis of accusations of the grand jury which he had no opportunity to rebut at a trial; a grand jury witness could be imprisoned for three years for civil contempt without trial and without bail; a defendant could be prevented from raising constitutional objections to evidence introduced against him-even after having established conclusively that an unconstitutional search or seizure had taken place; and one convicted of any federal felony could be sentenced to 30 years imprisonment on the basis of "information" which could never be used against him at a trial.

I simply stress the report of the Association of the Bar of the City of New York because it is in direct opposition to many provsions of S. 30 and questions will be directed to witnesses appearing before us so that we may get clarification of all of these issues.

I am confident that members of this committee will examine and evaluate with the utmost care the drafting and scope of the proposals before us. In our zeal to attack the problem of syndicated or organized crime, it is imperative that we do not trample on basic constitutional or procedural safeguards. If we do, the cure will prove far more devastating than the illness.

Mr. McCulloch?

Mr. McCULLOCH. Thank you, Mr. Chairman.

I am pleased indeed that we have begun the hearings on this most important legislation. Organized crime is big government. It is a system unto itself. It lives by its own laws, maintains its own means of law enforcement, demands and gets unsurpassing loyalty. It is a confederation of some 24 families consisting of up to 5,000 individuals. The families are organized along military lines and receive general guidance from a select group of family bosses called the commission.

Organized crime is big business. It is said by those who are not known to exaggerate facts that it is the world's largest. At a conservative estimate, organized crime annually takes in $7 to $10 billion dollars in profits and it probably makes two or three times those figures.

If U.S. Steel, American Telephone & Telegraph, General Motors, Standard Oil of New Jersey, General Electric, Ford Motor Co., IBM, Chrysler, and RCA all joined together into one conglomerate merger, they would still be in second place. That's how big organized crime is today.

Organized crime is big trouble. It diminishes the quality of American life. Its corrupting influence permeates small businesses as well as big businesses. It undermines local, State, and Federal Government. It has crept into the areas of labor relations and show business. It generates street crime by creating and thriving on a primary reason for violent crimes-the need to satisfy narcotics addiction.

Organized crime prospers because it provides services which some people want but cannot get because they are illegal. It supplies the needy with gambling, narcotics, and usurious loans. But the threat of organized crime is much more than the sum of these evils. The individual can choose to avoid using these services, as the great many of us do. But the individual cannot avoid the graver evils of organized crime the corruption of our Government, the infiltration into our economy, the stifling of our freedoms.

We have quite a task before us, notwithstanding the fact that the other body has done much work in this field.

S. 30 with its far sweeping provisions holds great promise for meeting the challenge. And I am pleased to see the first witness who will testify this morning.

As we begin these hearings I hope that we keep our eye on the goaldestroying organized crime. I hope that the novel and interesting constitutional questions raised by S. 30 do not become an end in themselves. Of course, the remedy must be constitutional. But let us not fall victim to a popular misconception that constitutional legislation is wise legislation and that unwise legislation is unconstitutional legislation.

Our finding that a provision is constitutional does not end our search but rather begins it. We must draft provisions which work. We must ask ourselves, as we study these proposals, whether they will merely harass organized crime or whether they will restrict or destroy it.

Constitutional provisions are worthless if they don't work. Constitutional provisions which only place a few "small fry" behind bars might make a few of them unhappy. But we need much more. We need a bill that will improve the quality of life in this country. The CHAIRMAN. Mr. Poff?

Mr. POFF. Thank you, Mr. Chairman.

Mr. Chairman, this subcommittee is beginning this morning a second segment of the legislative process. The bill before us has already endured the fires of debate in the other body. I think a collective judgment has been rendered. It now becomes our responsibility to bring to bear upon the legislation whatever expertise we may have on the subject and to approach the constitutional questions with an open mind.

I am sure that this subcommittee as it has in the past will not undertake to prejudge constitutional questions which will surface, but rather will await the evidence and then undertake to form a knowledgeable, scholarly judgment.

The problem the legislation addresses is, as those that have preceded me have already eloquently indicated, one of major dimensions. It is one with respect to which this subcommittee dare not be temerarious and with respect to which it will not procrastinate, postpone, or delay definitive, dispositive action.

I am sure that the chairman shares my concern that the schedule be so arranged that we can expect to have final action in the House at an early stage in order that whatever differences might exist between the version passed in the other body and the version which this body will pass can be reconciled.

The President's Crime Commission to which reference has already been made, issued its report in 1967 and concluded a very important part of its discussion of organized crime with the following observation: "The extraordinary thing about organized crime is that America has tolerated it for so long."

Why has America tolerated it?

I suggest, Mr. Chairman, that in part America has tolerated organized crime so long because simply it is difficult to believe that in fact it exists.

The testimony before Senator McClellan's committee pronounced by the witness Joe Valachi is worthy of quotation to illustrate the point I want to make. Mr. Valachi said with respect to organized crime, "Nobody will listen. Nobody will believe. You know what I mean? This Cosa Nostra is like a second government. It is too big." I suggest that this really defines the kernel of the problem and explains at least in part why we have not in the Congress come to realistic grips with it until now.

Mention has already been made about the size of the organized crime network. And it is great.

Gambling we are told by most reliable sources is generally regarded as the principal source of organized crime's take. A survey conducted by the President's Crime Commission fixed that sum at $20 billion gross intake and $6 billion net profit.

Whatever the exact figure, of course, a great many people do a great deal of gambling and most of the money goes untaxed into the coffers of the organized crime apparatus. More tragically perhaps, the money generally comes from slums and ghettos.

A recent New York State study, for instance said that in 1968 central Harlem spent about $64 million on numbers, South Bronx spent $25 million, Bedford-Stuyvesant $19 million. The Common