S. 1401, to establish rational criteria for the mandatory imposition of the sentence of death, and for other purposes. [Introduced on March 27, 1973, by Senators Hruska and McClellan.]

S. 1426, to amend sections 101 and 902 of the Federal Aviation Act of 1958 and chapter 2, title 18, United States Code, to implement the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, and for other purposes. [Introduced on March 29, 1973, by Senator Hruska (by request).]

S. 1428, to amend section 215, title 18, United States Code (receipt of commissions or gifts for procuring loans), to expand the institutions covered; to encompass indirect payments to bank officials; to make violation of the section a felony; and to specifically include offerors and givers of the proscribed payments; and for other purposes. [Introduced by Senator Hruska on March 29, 1973.]

S. 1497, to amend the Omnibus Safe Streets Act and to provide for an improved Federal effort to combat crime. [Introduced on April 5, 1973, by Senators Tunney and Hart.]

S. 1513, to amend title 18 and title 28 of the United States Code with respect to the trial and review of criminal actions involving obscenity, and for other purposes. [Introduced on April 10, 1973, by Senators Curtis and Hruska.]

S. 1644, to assist urban criminal justice systems on an emergency basis in those cities where personal security, economic stability, peace and tranquility are most impaired and threatened by the alarming rise in the commission of serious crime. [Introduced by Senator Javits on April 19, 1973.]

S. 1645, to provide assistance to State and local criminal justice departments and agencies in alleviating critical shortages in qualified professional and paraprofessional personnel, particularly in the corrections components of such systems, in developing the most advanced and enlightened personnel recruitment training and employment standards and programs, and for other purposes. [Introduced by Senator Javits on April 18, 1973.]

S. 1758, to implement the Convention of the Prevention and Punishment of the Crime of Genocide. [Introduced on May 9, 1973, by Senators Scott of Pennsylvania and Javits.]

S. 1796, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for grants to interstate metropolitan organizations. [Introduced by Senator Mathias on May 14, 1973.]

S. 1906, to amend title XII of the Organized Crime Control Act of 1970, and for other purposes. [Introduced on May 30, 1973, by Senator Hruska (by request).]

H.R. 689, an act to amend section 712 of title 18 of the United States Code, to prohibit persons attempting to collect their own debts from misusing names in order to convey the false impression that any agency of the Federal Government is involved in such collection. [Passed the House June 19, 1973.]

S. 2139, to amend the provisions of law making it a crime to issue a false Government crop report in order to expand such provisions to cover the issuance of any Government report of statistics or information. [Introduced by Senator Proxmire on July 11, 1973.]

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S. 2323, to prohibit engaging in a parimutual wagering enterprise using out-of-State gambling information or accepting wagers on outof-State sporting events. [Introduced by Senator Cook.]

S. 2340, to prohibit unauthorized disclosure of grand jury information. [Introduced on August 3, 1973, by Senators Towers and Hruska.] S. 2545, to amend sections 656, 657, and 2113 of title 18, United States Code. [Introduced on October 8, 1973, by Senators Hruska and McClellan.]

S. 2715, to amend chapter 313, title 18, United States Code, to provide for the commitment of certain individuals acquitted of offenses against the United States solely on the ground of insanity. [Introduced on November 15, 1973, by Senators Beall and Mathias.]

S. 2832, to provide persons who unlawfully failed to register for the draft, or who unlawfully avoided military service, with an opportunity to earn immunity from prosecution and punishment for such offenses, and for other purposes. [Introduced on December 19, 1973, by Senators Taft and Pell.]

S. 2881, to amend section 1951, title 18, United States Code, Act of July 3, 1946. [Introduced by Senator Fannin on January 23, 1974.] S. 2914, to amend section 1341 or title 18, United States Code. [Introduced on January 29, 1974, by Senators Kennedy and Hruska.]

HEARINGS

Reform of the Federal Criminal Laws-S. 1 and S. 1400

The Subcommittee continued the hearings begun on February 10, 1971, on the Reform of the Federal Criminal Laws. During the hearings commencing on April 16, 1973, the witnesses directed their testimony to the particular sections of S. 1 and/or S. 1400 with which they were concerned. Thirteen days of hearings were held with forty-two witnesses appearing to testify in person and an additional large number of individuals and organizations submitting statements and material for the record. The witnesses included representatives from the Department of Justice, State attorneys general, bar associations and the academic and business fields. Five volumes covering these hearings are either printed or in process at this time.

The hearings covered sections of the bills dealing with antitrust, tax, Federal-State jurisdiction, procedural reforms, general codification, sentencing practices, firearms, obscenity, civil rights, elections, business law, abortion, insanity, Indian law, national security, appellate review of sentencing, insurance bankruptcy and rules of criminal procedure.

Law Enforcement Assistance Administration

Two days of hearings were held on bills concerned with amending the Omnibus Crime Control and Safe Streets Act of 1968, as amended. The bills included were: S. 977, S. 1023, S. 1114, S. 1234, S. 1497, S. 1645 and S. 1796. Testimony was received from thirteen witnesses, including three sponsors of individual bills, and statements were submitted by an additional eleven persons.

Capital punishment

Testimony was received during three of the days of hearings on the Code on the proposed bill to establish rational criteria for the manda

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tory imposition of the sentence of death (S. 1401). This material has been issued in a separate volume. "The Imposition of Capital Punishment."

BILLS APPROVED BY THE SUBCOMMITTEE

S. 13, to amend title 18 of the United States Code to provide civil remedies to victims of racketeering activity and theft, was approved by the Subcommittee, without amendment and reported by the full Committee as approved on March 22, 1973 (S. Rept. 93-90). On March 29, 1973, it was considered in the Senate and passed by voice vote as reported. It was messaged to the House on April 2, 1973.

As passed by the Senate, S. 13 would strengthen the procedural implementation of the civil remedies available to victims of racketeering activity under title IX of the Organized Crime Control Act of 1970 (18 U.S.C. §§ 1961–68), and incorporate into present section 659 of title 18, United States Code, various venue and other procedural aspects of treble damage suits in the antitrust area to cover civil suits for theft of interstate or foreign cargo shipments.

S. 15, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide a Federal death benefit to the surviving dependents of public safety officers. This bill was approved by the Subcommittee, with technical amendments, and reported by the full Committee, as amended, on March 22, 1973 (S. Rept. 93-81). S. 15 passed the Senate as reported, voice vote, on March 29, 1973, and was messaged to the House.

The provisions of S. 15 are designed to assist the dependent survivors of a public safety officer when death results to that officer in the performance of his duty and the cause of the death was a criminal act or an apparent criminal act. "Public safety officer" is defined to include certain law enforcement officers, corrections or court officers and firefighters. If death results under the specified conditions, the Law Enforcement Assistance Administration would provide a gratuity of $50.000 to the dependent survivors.

S. 33, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize group life insurance programs for public safety officers and to assist State and local governments to provide such insurance. The bill was approved by the Subcommittee, with technical amendments and reported by the Committee on March 22, 1973 (S. Rept. 93-82), as it came out of Subcommittee. On March 29, 1973, it was considered in the Senate and passed as reported by voice vote, and messaged to the House.

Subpart 1 of the bill would establish a nationwide program of group life insurance under the control of the Law Enforcement Assistance Administration. The insurance would be purchased from one or more life insurance companies, with provisions for reinsurance by other underwriters. A State or unit of general local government would apply for participation in the program, agreeing to deduct from the pay of participating officers any necessary contributions to the premiums. An alternative method is provided under subpart 2, under which a State or unit of general local government with a group life insurance program in existence could be eligible for Federal assistance for a portion. of the premium.

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The amount of group life and accidental death and dismemberment insurance provided would be the amount of the officer's salary plus $2.000, with a minimum coverage of $10,000 and a maximum of $32,000. Insurance in force on the date of death of an enrolled officer would be paid to the beneficiary designated in writing received in his employer's office prior to his death. If there is no beneficiary designated, the funds would pass under criteria set out in the bill. Settlement could be elected in lump sum or in 36 equal monthly installments.

S. 300, to provide for the compensation of persons injured by certain criminal acts, to make grants to States for the payment of such compensation, and for other purposes. This bill would establish a Federal program to meet the financial needs of innocent victims of violent crime victimized within territorial areas of direct Federal concern. The bill would also provide grant money through the established mechanisms of the Law Enforcement Assistance Administration to fund similar State programs.

Under the program for territorial areas of direct Federal concernspecial maritime and territorial jurisdiction of the United States, the District of Columbia or Indian country-compensation is made available to two classes of victims-"intervenors" and "victims" or the surviving dependents of either of them. An "intervenor" is the so-called "Good Samaritan" who goes to the aid of another.

Intervenors or their surviving dependents are entitled to compensation for their net losses, while victims or their surviving dependents may qualify for pecuniary losses up to $50.000.

On March 12, 1973, the Subcommittee approved S. 300, with certain technical amendments and the full Committee reported the bill as approved on March 21, 1973, (S. Rept. 93-83). On March 29, 1973, the Senate considered and passed S. 300 by voice vote as reported. The bill was messaged to the House on April 2, 1973.

S. 800, a bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for the compensation of innocent victims of violent crime in financial stress; to make grants to the States for the payment of such compensation; to authorize an insurance program and death benefits to dependent survivors of public safety officers; to strengthen the civil remedies available to victims of racketeering activity and theft and for other purposes. The provisions of the previously passed bills S. 13. S. 15. S. 33 and S. 300 make up the first four titles of the bill.

The Senate began consideration of S. 800 on March 29, 1973, and passed the bill 93 to 1 on April 3, 1973, after floor amendments as follows: Additional sentences for commission of a felony with use of firearm (Title V); Controlled Substances Act amendments (Title VI); and provisions for a Distinguished Public Safety Service Award. The Senate-passed bill was messaged to the House on April 4, 1973.

S. 872. to facilitate prosecutions for certain crimes and offenses committed aboard aircraft, and for other purposes. On January 25, 1974, the bill, with amendments, was approved by the Subcommittee and forwarded to the full Committee on the Judiciary.

18. 800 is an omnibus-type bill drafted in the Subcommittee, introduced by Senators McClellan, Mansfield, Bible, Byrd of West Virginia and Kennedy, and placed directly on the Calendar. The following were subsequently added as cosponsors: Senators Schweiker, Beall, Pastore, Humphrey, Williams and Chiles.

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The bill would amend title 18 of the United States Code and the Federal Aviation Act of 1958 to establish specific offenses for imparting or conveying threats to do certain proscribed acts and to make more explicit the requisite intent for these felony sanctions. Amendments to the Federal Aviation Act would distinguish "threats" from "false information" prosecutions.

S. 1083, to amend certain provisions of Federal law relating to explosives. The bill, with an amendment in the nature of a substitute, was approved by the Subcommittee on June 1. 1973. Hearings were subsequently held by the full Committee and the Subcommittee-approved bill was reported by the full Committee on June 28, 1973 (S. Rept. 93-274). On July 13, 1973, the Senate considered the bill, agreed to the committee amendment in the nature of a substitute and passed the bill 78 to 8. The act was then messaged to the House.

S. 1083 is designed to exempt black powder and certain igniters used in antique weapons from the regulatory provisions of Title XI of the Organized Crime Control Act of 1970 (P.L. 91-452; 84 Stat. 958). The bill extends the black powder and igniter exemption to include not only sporting purposes but also cultural and recreational purposes.

S. 1234, to provide for special law enforcement revenue sharing. The Subcommittee approved and reported to the full Committee an amendment in the nature of a substitute for this bill. The amendment was designed to make a variety of amendments to Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351; 42 U.S.C. 3701 et seq.) that established the Law Enforcement Assistance Administration (LEAA) and authorized such Administration to provide financial and technical assistance to the States and local governments for improving methods of law enforcement and crime control.

Before the full Committee acted on S. 1234, the House-passed bill with the same general purposes, H.R. 8152, was received in the Senate and placed on the Calendar. The Chairman of the Subcommittee offered the text of the amended S. 1234 as an amendment (No. 248) to H.R. 8152. H.R. 8152 was called up, amendment 248 was offered, and agreed to, and considered as original text for the purpose of further amendment. After floor amendments the Senate passed the bill on June 28, 1973. Senate and House conferees agreed on differences and the bill was approved as Public Law 93-83 on August 6, 1973.

S. 1401, to establish rational criteria for the mandatory imposition of the sentence of death, and for other purposes. Following hearings on this bill, the Subcommittee approved and reported to the full Committee an amendment in the nature of a substitute on October 1, 1973.

The purpose of the amended bill is to establish procedure for the imposition of capital punishment upon conviction for certain specified crimes under Federal law. The procedure is designed to meet the constitutional requirements enunciated by the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972). These requirements are met through the use of the two-stage or "bifurcated" trial and the designation of certain criteria that must be present before a sentence of death be imposed. It is only after a finding of guilty during the first stage of the trial that the second stage, dealing with sentencing, is entered. In

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