An Act to assist State and local governments in reducing the incidence of crime, to increase the effectiveness, fairness, and coordination of law enforcement and criminal justice systems at all levels of government, and for other purposes
PL 90-351 (H.R.5037), enacted 06/19/1968

82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
197 
TITLE V—(GENERAL PKOVISIONS 
SEC. 5()L XO part of any appropriation contained in this Act shall 
remain avaihible for oblijration beyond the current fiscal year unless 
expressly so provided herein. 
SEC. O():2. Section 5(b) of the Act entitled ''An Act creating a com- ^^^^°^^ c°or-'^"'^' 
mission to be known as tlie Connnission on Obscenity and Por- gress." 
nography'', approved October 3,19B7 (Public Law 90-100), is amended 
si stat. 2S5. 
l)y striking out "January ;^>1, 1070"' and inserting in lieu thereof "July ^ote 
^^^^ 
;n, 1970". 
This Act may be cited as the "Treasury, Post Office, and Executive 
short titie. 
Office Appropriation Act, 1069". 
Approved June 19, 1968. 
Public Law 90-351 
,, .,L 
AN ACT 
June 19 ^ggg 
To assist State and local governments in reducing the incidence of crime, to in- 
[H. R. 50373 
crease the effectiveness, fairness, and coordination of law enforcement and 
criminal justice systems at all levels of government, and for other purposes. 
Be It enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may cc^Tr^^^and^saTe 
be cited as the "Omnibus Crime Control and Safe Streets Act of 1968". streets Act o
f 1968. 
TITLE I—LAW ENFORCEMENT ASSISTANCE 
DECLARATIONS AND PURPOSE 
Congress finds that the high incidence of crime in the United States 
threatens the peace, security, and general welfare of the Nation and 
its citizens. To prevent crime and to insure the greater safety of the 
people, law enforcement efforts must be better coordinated, intensified, 
and made more effective at all levels of government. 
Congress finds further that crime is essentially a local problem that 
must be dealt with by State and local governments if it is to be con-
trolled effectively. 
198 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
It is therefore the declared policy of the Congress to assist State and 
local governments in strengthening and improving law enforcement at 
eyery level by national assistance. It is the purpose of this title to (1) 
encourage States and units of general local government to prepare and 
adopt comprehensive plans based upon their evaluation of State and 
local problems of law enforcement; (2) authorize grants to States and 
units of local government in order to improve and strengthen law 
enforcement; and (3) encourage research and development directed 
toward the improvement of law enforcement and the development of 
new methods for the prevention and reduction of crime and the detec-
tion and apprehension of criminals. 
PART A—LAW ENFORCEMENT ASSISTANCE ADMINISTRATION 
SEC. 101. (a) There is hereby established within the Department of 
Justice, under the general authority of the Attorney General, a Law 
Enforcement Assistance Administration (hereafter referred to in this 
title as "Administration"). 
(b) The Administration shall be composed of an Administrator of 
Law Enforcement Assistance and two Associate Administrators of 
Law Enforcement Assistance, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate. No more than 
two members of the Admhiistration shall be the same political party, 
and members shall be appointed with due regard to their fitness, knowl-
edge, and experience to perform the functions, powers, and duties 
vested in the Administration by this title. 
(c) It shall be the duty of the Administration to exercise all of 
the functions, powers, and duties created and established by this title, 
except as otherwise provided. 
PART B—PLANNING GRANTS 
/ 
\_3EC. 201. It is the purpose of this part to encourage States and 
I units of general local government to prepare and adopt compre-
1 hensive law enforcement plans based on their evaluation of State 
I and local problems of law enforcement. 
a ^e'ncLf 
^""^"^ \ 
^^^' ^^^' '^'^^ Administration shall make grants to the States for the 
agencies. 
\ establishment and operation of State law enforcement planning agen-
\ cies (hereinafter referred to in this title as "State planning agencies") 
\for the preparation, development, and revision of the State plans 
'required under section 803 of this title,^)Any State may make applica-
tion to the Administration for such grants within six months of the 
date of enactment of this Act. 
..A 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
199 
SEC. 203. (a) A grant made under this part to a State sliall be 
utilized by the State to establisli and maintain a State planning agency. 
Such agency shall be created or designated by the chief executive of 
the State and shall be subject to his jurisdiction. The State })lanning 
agency shall be representative of law enforcement agencies of the State 
and of the units of general local government Avithin the State. 
(b) The State planning agency shall— 
(1) develop, in accordance with part (\ a comprehensive state-
wide plan for the improvement of law enforcement throughout 
the State; 
(2) define, develop, and correlate programs and projects for 
the State and the units of general local government in the State or 
combinations of States or units for improvement in law enforce-
ment; and 
(3) establish priorities for the improvement in law enforcement 
throughout the State. 
(c) The State planning agency shall make such arrangements as 
such agency deems necessary to provide that at least 40 per centum of 
all Federal funds granted to such agency under this part for any fiscal 
year will be available to units of general local government or combina-
tions of such units to enable such units and combinations of such units 
to participate in the fornuilation of the comprehensive State plan 
required under this part. Any portion of such 40 per centum in any 
State for any fiscal year not re(piired for the purpose set forth in the 
preceding sentence shall be available for expenditure by such State 
agency from time to time on dates during such year as the Adminis-
tration may fix, for the development by it of the State plan required 
under this part. 
{[^Ec. 204. A Federal grant autliorized under this part shall not 
exceed 90 per centum of the expenses of the establishment and opera-
tion of the State planning agency, including tlie i)remration, develop-
ment, and revision of the plans required by i)art (yWhere Federal 
grants under this part are made directly to units of geiieral local gov-
ernment as authorized by section 305. the grant shall nor exceed 90 per 
centum of the expenses of local planning, including the j^reparation, 
development, and revision of plans required by part C. 
SEC. 205. Funds appropriated to make grants under this part for a 
fiscal year shall be allocated by the Administration among the States 
for use therein by the State planning agency or units of general Icxjal 
government, as the case may be. The Administration shall allocate 
$100,000 to each of the States; and it shall then allocate the remainder 
of such funds available among the States according to their relative 
populations. 
PART C—GRANTS FOR LAW ENFORCE^IENT PURPOSES 
''^ 
SEC. 301. (a) It is the purpose of this part to encourage States and 
units of general local government to carry out programs and i:)rojects 
to improve and strengthen law enforcement. 
(b) The Administration is authorized to make grants to States 
having comprehensive State plans approved by it under this part, 
for— 
Functions. 
Allocation of 
fund s. 
96-600 O - 69 - 16 
200 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
Federal grants, 
amounts. 
Prohibition. 
-^ 
(1) Public protection, including the development, demonstra-
tion, evaluation, implementation, and purchase of methods, 
devices, facilities, and equipment designed to improve and 
* 
strengthen law enforcement and reduce crime in public and 
private places. 
•^ 
(2) The recruiting of law enforcement personnel and the 
training of personnel in law enforcement. 
^ 
(^3) Public education relating to crime prevention and encour-
aging respect for law and order, including education programs 
in schools and programs to improve public understanding of 
and cooperation with law enforcement agencies. 
(4) Construction of buildings or other physical facilities 
which would fulfill or implement the purposes of this section. 
U- 
(5) The organization, education, and training of special law 
enforcement units to combat organized crime, including the 
establishment and development of State organized crime preven-
tion councils, the recruiting and training of special investigative 
and prosecuting personnel, and the development of systems for 
collecting, storing, and disseminating information relating to 
the control of organized crime. 
^^ 
(6) The organization, education, and training of regular law 
enforcement officers, special law enforcement units, and law en-
forcement reserve units for the prevention, detection, and control 
of riots and other violent civil disorders, including the acquisition 
of riot control equipment. 
tX 
(7) The recruiting, organization, training and education of 
community service officers to serve with and assist local and State 
law enforcement agencies in the discharge of their duties through 
such activities as recruiting; improvement of police-community 
relations and grievance resolution mechanisms; community patrol 
activities; encouragement of neighborhood participation in crime 
prevention and public safety efforts; and other activities designed 
to improve police capabilities, public safety and the objectives of 
this section: Provided^ That in no case shall a grant be made under 
this subcategory without the approval of the local government or 
_JjQcal law enforcement agency. 
(c) The amount of any Federal grant made under paragraph (5) 
or (6) of subsection (b) of this section may be up to 75 per centum of 
the cost of the program or project specified in the application for such 
grant. The amount of any grant made under paragraph (4) of sub-
section (b) of this section may be up to 50 per centum of the cost of 
the program or project specified in the application for such grant. The 
amount of any other grant made under this part may be up to 60 per 
centum of the cost of the program or project specified in the applica-
tion for such graiifj Provided,^ That no part of any grant for the 
purpose of construcnon of buildings or other physical facilities shall 
be used for land acquisition. 
(d) Not more than one-third of any grant made under this part 
may be expended for the compensation of personnel. The amount of 
any such grant expended for the compensation of personnel shall not 
exceed the amount of State or local funds made available to increase 
such compensation. The limitations contained in this subsection shall 
not apply to the compensation of personnel for time engaged in con-
ducting or undergoing training programs. 
* SEC. 302. Any State desiring to participate in the grant program 
under this part shall establish a State planning agency as described 
in part B of this title and shall within six months after approval of 
a planning grant under part B submit to the Administration through 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
201 
such State planning agency a comprehensive State plan formulated 
pursuant to part B of this title. 
SEC. 303. The Administration shall make grants under this title sta°eTi'anr"re^^ 
to a State planning agency if such agency has on file with the Ad- quirements.' 
ministration an approved comprehensive State plan (not more than 
one year in age) which conforms with the purposes and requirements 
of this title. Each such plan shall— 
(1) provide for the administration of such grants by the State 
planning agency; 
(2) provide that at least 75 per centum of all Federal funds 
granted to the State planning agency under this part for any 
fiscal year will be available to units of general local government or 
combinations of such units for the development and implemen-
tation of programs and projects for the improvement of law 
enforcement; 
(3) adequately take into account the needs and requests of the 
units of general local government in the State and encourage local 
initiative in the development of programs and projects for 
improvements in law enforcement, and provide for an appropri-
ately balanced allocation of funds between the State and the units 
of general local government in the State and among such units; 
(4) incorporate innovations and advanced techniques and coh-H 
"L O f <
q . 
tain a comprehensive outline of priorities for the improvement and ' 
*" 
coordination of all aspects of law enforcement dealt with in the ! 
plan, including descriptions of: (A) general needs and problems; | 
(B) existing systems; (C) available resources; (D) organiza- \ 
tional systems and administrative machinery for implementing 
the plan; (E) the direction, scope, and general types of improve- \ 
ments to be made in the future; and (F) to the extent appropriate, I 
the relationship of the plan to other relevant State or local law \ 
enforcement plans and systems; 
| 
(5) provide for effective utilization of existing facilities and~^ 
permit and encourage units of general local government to com-
bine or provide for cooperative arrangements with respect to 
services, facilities, and equipment; 
(6) provide for research and development; 
(7) provide for appropriate review of procedures of actions 
taken by the State planning agency disapproving an application 
for which funds are available or terminating or refusing to 
continue financial assistance to units of general local government 
or combinations of such units; 
(8) demonstrate the willingness of the State and units of gen-
eral local government to assume the costs of improvements funded 
under this part after a reasonable period of Federal assistance; 
(9) demonstrate the willingness of the State to contribute 
technical assistance or services for programs and projects con-
templated by the statewide comprehensive plan and the pro-
grams and projects contemplated by units of general local 
government; 
(10) set forth policies and procedures designed to assure that 
Federal funds made available under this title will be so used as 
not to supplant State or local funds, but to increase the amounts 
of such funds that would in the absence of such Federal funds be 
made available for law enforcement; 
(11) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and 
accounting of funds received under this part; and 
202 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
Grants to local 
government units. 
Project evalu-
ation by State 
chief executive. 
Allocation of 
funds. 
Priority pro-
grams. 
(12) provide for the siibmissioii of such reports in such form 
siiid containing such infonnation as the Administration may 
reasonably require. 
Any portion of the 75 per centum to be made avaihible pvirsuant to 
j)ara^rai)h (2) of this section in any State in any tiscal year not 
required for the purposes set forth in such paragraph (2) shall be 
a\'ailable for expenditure by such State agency from time to time on 
dates during such year as the Administration may fix, for the develop-
ment and im])lementation of programs and projects for the improve-
ment of law enforcement and in conformity with the State plan. 
SEC. .'>()4. State planning agencies shall receive applications for 
financial assistance from units of general local government and com-
binations of such units. When a State planning agency determines that 
such an application is in accordance with the purposes stated in section 
801 and is in conformance with any existing statewide comprehensive 
law enforcement plan, the State planning agency is authorized to 
disburse funds to the applicant. 
SKC. 'M)6. Where a State fails to make aj)plication for a grant to 
establish a State planning agency pursuant to part B of this title 
within six months after the date of enactment of this Act, or where a 
State fails to file a comprehensive plan pursuant to part B within six 
months after approval of a planning grant to establish a State plan-
ning agency, the Administration may make grants under part B and 
part C of this title to units of general local government or combina-
tions of such imits: Provided^ houyever. That any such unit or com-
bination of such units must certify that it has submitted a copy of its 
application to the chief executive of the State in which such unit or 
combination of such units is located. The chief executive shall be given 
not more than sixty days from date of receii)t of the application to 
submit to the Administration in writing an evaluation of the project 
set forth in the application. Such evaluation shall include comments 
on the relationship of the application to other applications then pend-
ing, and to existing or proposed plans in the State for the development 
of new approaches to and improvements in law enforcement. If an 
application is submitted by a combination of units of general local 
government which is located in more than one State, such application 
must be submitted to the chief executive of each State in which the 
combination of such units is located. No grant under this section to a 
local unit of general government shall be for an amount in excess of 
60 per centum of the cost of the project or program with respect to 
which it was made. 
SEC. 300. Funds appropriated to make grants under this part for a 
fiscal year shall be allocated by the Administration among the States 
for use therein by the State planning agency or units of general local 
government, as the case may be. Of such funds, 85 per centum shall be 
allocated among the States according to their respective populations 
and 15 per centum thereof shall be allocated as the Administration 
may determine, plus such additional amounts as may be made avail-
able by virtue of the application of the provisions of section 509 to the 
grant to any State. 
SEC. O()7. (a) In making grants under this part, the Administration 
and each State planning agency, as the case may be, shall give special 
emphasis, where appropriate or feasible, to programs and projects 
dealing with the prevention, detection, and control of organized crime 
and of riots and other violent civil disorders. 
(b) Notwithstanding the provisions of section 303 of this part, until 
August 31, 1968, the Administration is authorized to make grants for 
programs and projects dealing with the prevention, detection, and 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
203 
control of riots and other violent civil disorders on the basis of appli-
cations describing in detail the programs, projects, and costs of the 
items for which the grants will be used, and the relationship of the 
programs and projects to the applicant's general program for the 
improAcment of law enforcement. 
PART D—TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND 
SPECIAL GRANTS 
SEC. 401. It is the purpose of this part to provide for and encourage 
training, education, research, and development for the purpose of 
improving law enforcement and developing new methods for the pre-
\ ention and reduction of crime, and the detection and apprehension 
of criminals. 
SEC. 402. (a) There is established within the Department of Justice 
a National Institute of Law Enforcement and Criminal Justice (here-
after referred to in this part as "Institute"). The Institute shall be criminal justice 
under the general authority of the Administration. It shall be the pur- 
Establishment. 
pose of the Institute to encourage research and development to improve 
and strengthen law enforciement. 
(b) The Institute is authorized 
National Insti-
tute of Law En-
forcement and 
Functions. 
(1) to make grants to, or enter into contracts with, public 
agencies, institutions of higher education, or private organizations 
to conduct research, demonstrations, or special projects pertaining 
to the purposes described in this title, including the development 
of new or improved approaches, techniques, systems, equipment, 
and devices to imi)ro\'e and strengthen law enforcement; 
i 
(2) to make continuing studies and undertake programs of^ 
research to develop new or improved approaches, techniques, sys-
tems, equipment, and de\ices to improve and strengthen law 
enforcement, including, but not limited to, the effectiveness of 
projects or programs carried out under this title; 
(3) to carry out programs of behavioral research designed to 
provide more accurate information on the causes of crime and 
the effectiveness of various means of preventing crime, and to 
evaluate the success of correctional procedures; 
(4) to make recommendations for action which can be taken by 
Federal, State, and local governments and by private persons 
and organizations to improve and strengthen law enforcement; 
(5) to carry out programs of instructicmal assistance consisting 
of research fellowships for the programs provided under this 
section, and special workshops for the presentation and dissemina-
tion of information resulting from research, demonstrations, and 
special projects authorized by this title. 
(6) to carry out a program of collection and dissemination of 
information obtained by the Institute or other Federal agencies, 
public agencies, institutions of higher education, or private 
organizations engaged in projects under this title, including infor-
mation relating to new or improved approaches, techniques, sys-
tems, equipment, and devices to improve and strengthen law-
enforcement; and 
(7) to establish a research center to carry out the programs 
described in this section. 
-^ 
SEC. 403. A grant authorized under this part may be up to 100 
per centum of the total cost of each project for which such grant is 
made. The Administration shall require, whenever* feasible, as a 
condition of approval of a grant under this part, that the recipient 
contribute money, facilities, or services to carry out the purpose for 
Avhich the grant is sought. 
AI a ''' ^'tu 
Grants, amount. 
Conditions. 
204 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
F.B.I, law en-
forcement train-
ing programs. 
Repeal. 
18 use prec. 
3001 note. 
Continuation of| 
projects. 
Academic edu-
cational assist-
Loans. 
SEC. 404. (a) The Director of the Federal Bureau of Investigation 
is authorized to— 
(1) establish and conduct training programs at the Federal 
Bureau of Investigation National Academy at Quantico, Virginia, 
to provide, at the request of a State or unit of local government, 
traming for State and local law enforcement personnel; 
(2) develop new or improved approaches, techniques, systems, 
equipment, and devices to improve and strengthen law enforce-
ment; and 
(3) assist in conducting, at the request of a State or unit of 
local government, local and regional training programs for the 
training of State and local law enforcement personnel. Such 
training shall be provided only for persons actually employed as 
State police or highway patrol, police of a unit of local govern-
ment, sheriffs and their deputies, and such other persons as the 
State or unit may nominate for police training while such per-
sons are actually employed as officers of such State or unit. 
(b) In the exercise of the functions, powers, and duties established 
under this section the Director of the Federal Bureau of Investiga-
tion shall be under the general authority of the Attorney General. 
" ^ E C . 405. (a) Subject to the provisions of this section, the Law 
Enforcement Assistance Act of 1965 (79 Stat. 828) is repealed: 
Provided^ That— 
(1) The Administration, or the xlttorney General until such 
time as the members of the Administration are appointed, is 
authorized to obligate funds for the continuation of projects 
approved under the Law Enforcement Assistance Act of 1965 
prior to the date of enactment of this Act to the extent that such 
approval provided for continuation. 
(2) Any funds obligated under subsection (1) of this section and 
all activities necessary or appropriate for the review under sub-
section (3) of this section may be carried out with funds previ-
ously appropriated and funds appropriated pursuant to this title. 
—. 
(3) Immediately upon establishment of the Administration, 
it shall be its duty to study, review, and evaluate projects and 
programs funded under the Law Enforcement Assistance Act 
of 1965. Continuation of projects and programs under subsections 
(1) and (2) of this section shall be in the discretion of the 
Administration. 
SEC. 406. (a) Pursuant to the provisions of subsections (b) and (c) 
of this section, the Administration is authorized, after appropriate 
consultation with the Commissioner of Education, to carry out pro-
grams of academic educational assistance to improve and strengthen 
law enforcement. 
(b) The Administration is authorized to enter into contracts to 
make, and make, payments to institutions of higher education for 
loans, not exceeding $1,800 per academic year to any person, to persons 
enrolled on a full-time basis in undergraduate or graduate programs 
approved by the Administration and leading to degrees or certificates 
in areas directly related to law enforcement or preparing for employ-
ment in law enforcement, with special consideration to police or cor-
rectional personnel of States or units of general local government on 
academic leave to earn such degrees or certificates. Loans to persons 
assisted under this subsection shall be made on such terms and condi-
tions as the Administration and the institution offering such programs 
may determine, except that the total amount of any such loan, plus 
interest, shall be canceled for service as a full-time officer or employee 
of a law enforcement agency at the rate of 25 per centum of the total 
82 STAT. ] 
PUBLIC LAW 90-351-.IUNE 19, 1968 
205 
amount of such loans plus interest for each complete year of such 
service or its equivalent of such service, as determnied under regula-
tions of the Administration. 
(c) The Administration is authorized to enter into contracts to 
Tuition and 
fees. 
make, and make, payments to institutions of higher education for tui-
tion and fees, not exceeding $200 per academic quarter or $300 per 
semester for any person, for officers of any publicly funded law en-
forcement agency enrolled on a full-time or part-time basis in courses 
included in an undergraduate or graduate program which is approved 
by the Administrati(m and which leads to a degree or certificate in an 
area related to law enforcement or an area suitable for persons em-
ployed in law enforcement. Assistance under this subsection may be ^^^^^^^^^ agree-
granted only on behalf of an applicant who enters into an agreement 
to remain in the service of the law enforcement agency employing such 
applicant for a period of two years following completion of any course 
for which payments are provided under this subsection, and in the 
event such service is not completed, to repay the full amount of such 
payments on such terms and in such manner as the Administration 
may prescribe. 
PART E—ADMINISTRATIVE PROVISIONS 
SEC. 501, The Administration is authorized, after appropriate con-
sultation with representatives of States and units of general local 
government, to establish such rules, regulations, and procedures as 
are necessary to the exercise of its functions, and are consistent with 
the stated purpose of this title. 
SEC. 502. The Administration may delegate to any officer or official 
of the Administration, or, with the approval of the Attorney General, 
to any officer of the Department of Justice such functions as it deems 
appropriate. 
SEC. 508. The functions, powers, and duties specified in this title to 
be carried out by the Administration shall not be transferred else-
where in the Department of Justice unless specifically hereafter 
authorized by the Congress. 
SEC. 504. In carrying out its functions, the Administration, or upon ^^^"^P^"^ power, 
authorization of the Administration, any member thereof or any 
hearing examiner assigned to or employed by the Administration, shall 
have the power to hold hearings, sign and issue subpenas administer 
oaths, examine witnesses, and receive evidence at any place in the 
United States it may designate. 
—^ 
SEC. 505. Section 5315 of title 5, United States Code, is amended by jj^s^at. 46i. 
adding at the end thereof— 
f^Z 
—* 
" (90) Administrator of Law Enforcement Assistance."' 
^ ^ 
^^^/L) 
SEC. 506. Section 5316 of title 5, Ignited States Code, is amen^^ed 
^ ^ 
by adding at the end thereof— 
"(126) 
Associate 
Administrator 
of 
Law 
Enforcement 
Assistance." 
~--
SEC. 507. Subject to the civil service and classification laws, the ^ °"^''*'"^ ^"'^ 
Administration is authorized to select, appoint, employ, and fix com- ""^^ °yees. 
pensation of such officers and employees, including hearing examiners, 
as shall be necessary to carry out its powers and duties under this title. 
SEC. 508. The Administration is authorized, on a reimbursable 
basis when appropriate, to use the available services, equipment, per- f
- 4 {} ^ 
sonnel, and facilities of the Department of Justice and of other ' 
civilian or military agencies and instrumentalities of the Federal 
Government, and to cooperate with the Department of Justice and 
such other agencies and instrumentalities in the establishment and j 
206 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
Noncompliance, 
withholding of 
payments-
d.(?^ 
Notice and 
hearing. 
Request for 
rehearing. 
Review action. 
72 Stat. 941; 
80 Stat. 1323. 
use of services, equipment, personnel, and facilities of the Adminis-
tration. The Administration is further authorized to confer with and 
avail itself of the cooperation, services, records, and facilities of 
State, municipal, or other local agencies. 
' ^ E c . 509. Whenever the Administration, after reasonable notice 
and opportunity for hearing to an applicant or a grantee under this 
title, finds that, with respect to any payments made or to be made under 
this title, there is a substantial failure to comply with— 
(a) the provisions of this title; 
(b) regulations promulgated by the Administration under this 
title; or 
(c) a plan or application submitted in accordance with the pro-
visions of this title; 
the Administration shall notify such applicant or grantee that further 
payments shall not be made (or in its discretion that further payments 
shall not be made for activities in which there is such failure), until 
^there is no longer such failure. 
SEC. 510. (a) In carrying out the functions vested by this title in 
the Administration, the determination, findings, and conclusions of 
the Administration shall be final and conclusive upon all applicants, 
except as hereafter provided. 
(b) If the application has been rejected or an applicant has been 
denied a grant or has had a grant, or any portion of a grant, discon-
tinued, or has been given a grant in a lesser amount than such applicant 
believes appropriate under the provisions of this title, the Administra-
tion shall notify the applicant or grantee of its action and set forth 
the reason for the action taken. Whenever an applicant or grantee 
requests a hearing on action taken by the Administration on an ap-
plication or a grant the Administration, or any authorized officer 
thereof, is authorized and directed to hold such hearings or investiga-
tions at such times and places as the Administration deems necessary, 
following a])propriate and adequate notice to such applicant; and the 
findings of fact and determinations made by the Administration with 
respect thereto shall be final and conclusive, except as otherwise pro-
vided herein. 
(c) If such applicant is still dissatisfied with the findings and 
determinations of the Administration, following the notice and hear-
ing provided for in subsection (b) of this section, a request may be 
made for rehearing, under such regulations and procedures as the 
Administration may establish, and such applicant shall be afforded 
an opportunity to present such additional information as ma;^ be 
deemed appropriate and pertinent to the matter involved. The findings 
and determinations of the Administration, following such rehearing, 
shall be final and conclusive upon all parties concerned, except as 
hereafter provided. 
SEC. 511. (a) If any applicant or grantee is dissatisfied with the 
Administration's final action with respect to the approval of its appli-
cation or plan submitted under this title, or any applicant or grantee 
is dissatisfied with the Administration's final action under section 509 
or section 510, such applicant or grantee may, within sixty days after 
notice of such action, file with the United States court of appeals for 
the circuit in which such applicant or grantee is located a petition for 
review of that action. A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the Administration. The Adminis-
tration shall thereupon file in the court the record of the proceedings 
on which the action of the Administration was based, as provided in 
section 2112 of title 28, United States Code. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
207 
62 Stat. 928. 
Duration of 
programs. 
(b) The determinations and the findings of fact by the Adminis-
tration, if supported by substantial evidence, shall be conclusive; but 
the court, for good cause shown, may remand the case to the Adminis-
tration to take further evidence. The Administration may thereupon 
make new or modified findings of fact and may modify its previous 
action, and shall file in the court the record of the further proceedings. 
Such new or modified findings of fact or determinations shall likewise 
be conclusive if supported by substantial evidence. 
(c) Upon the filing of such petition, the court shall have jurisdiction 
to affirm the action of the Administration or to set it aside, in whole or 
in part. The judgment of the court shall be subject to review by the 
Supreme Court of the United States upon certiorari or certification as 
provided in section 125-1 of title 28, United States Code. 
SEC. 512. Unless otherwise specified in this title, the Administration 
shall carry out the programs provided for in this title during the fiscal 
year ending June 80,1968, and the five succeeding fiscal years. 
SEC. 513. To insure that all Federal assistance to State and local from^o\he'r Fed^erai 
programs under this title is carried out in a coordinated manner, the departments. 
Administration is authorized to request any Federal department or 
agency to supply such statistics, data, program reports, and other 
material as the xVdministration deems necessary to carry out its func-
tions under this title. Each such department or agency is authorized 
to cooperate with the Administration and, to the extent i>ermitted by 
law, to furnish such materials to the Administration. Any Federal 
department or agency engaged in administering programs related to 
this title shall, to the maximum extent practicable, consult with and 
seek advice from the Administration to insure fully coordinated efforts, 
and the Administration shall undertake to coordinate such efforts. 
SEC. 514. The Administration may arrange with and reimburse the 
heads of other Federal departments and agencies for the performance 
of any of its functions under this title. 
^_. 
SEC. 515. The Administration is authorized— 
(a) to conduct evaluation studies of the programs and activi-
ties assisted under this title; 
(b) to collect, evaluate, publish, and disseminate statistics and 
other information on the condition and progress of law enforce-
ment in the several States; and 
(c) to cooperate with and render technical assistance to States^, ^ 
units of general local government, combinations of such States or 
units, or other public or private agencies, organizations, or in-
stitutions in matters relating to law enforcement. 
.,. . 
SEC. 516. (a) Payments under this title may be made in installments, | 
and in advance or by way of reimbursement, as may be determined f-"" ^0 
i 
by the Administration. 
/ 
(b) Not more than 12 per centum of the sums appropriated for any~^ ^« 
fiscal year to carry out the provisions of this title may be used within 
any one State except that this limitation shall not apply to grants 
made pursuant to part D. 
~
—
^ 
SEC. 517. The Administration is authorized to appoint such technical I Advisory com-
, . 
. 
1 • 
^ 
i T • • 
• 
•! 
(mittees, appoint-
or other advisory committees to advise the Administration with respect /mem and compen-
to the administration of this title as it deems necessary. Members of ' 
such committees not otherwise in the employ of the Ignited States, 
while attending meetings of the committees, shall be entitled to receive 
compensation at a rate to be fixed by the Administration but not 
exceeding $75 per diem, and while away from home or regular place 
of business they may be allowed travel expenses, including per diem 
in lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, for persons in the Government service employed 
intermittently. 
^-
,/?• 
-.., f 
Jestriction. 
^10 /s-*/ 
<c 
0 
&-• 
80 Stat. 499. 
208 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
Report to Presi-
dent and Con-
gress. 
Appropri ations. 
Post, p. 638. 
Recordkeeping 
requirements. 
80 Stat. 1262. 
42 u s e 3334. 
SEC. 518. (a) Nothing contained in this title or aiw other Act shall 
be construed to authorize any department, agency, officer, or employee 
of the Laiited States to exercise any direction, supervision, or control 
over any police force or any other law enforcement agency of any 
State or any political subdivision thereof. 
(b) Notwithstanding any other provision of law nothing contained 
in this title shall be construed to authorize the Administration (1) to 
require, or condition the availability or amount of a grant upon, the 
adoption by an applicant or grantee under this title of a percentage 
ratio, quota system, or other program to achieve racial balance or to 
eliminate racial imbalance in any law enforcement agency, or (2) to 
deny or discontinue a grant because of the refusal of an applicant or 
grantee under this title to adopt such a ratio, system, or other program. 
SEC. 519. On or before August 81, 1968, and each year thereafter, 
the Administration shall report to the President and to the Congress 
oh activities pursuant to the provision^ of this title during the pre-
ceding fiscal year. 
SEC. 520. For the purpose of carrying out this title, there is author-
ized to be appropriated the sums of $100,111,000 for the fiscal years 
ending June 30, 1968, and June 30, 1969, $300,000,000 for the fiscal 
year ending June 30, 1970, and for succeeding fiscal years such .sums 
as the Congress might authorize: Provided^ however^ That of the 
amount appropriated for the fiscal years ending June 30, 1968, and 
June 30,1969— 
(a) the sum of $25,000,000 shall be for the purposes of part B ; 
(b) the sum of $50,000,000 shall be for the purposes of part C, 
of which amount— 
(1) not more than $2,500,000 shall be for the purposes of 
section 302(b)(3); 
(2) not more than $15,000,000 shall be for the purposes 
of section 302(b)(5), of which not more than $1,000,000 
may be used within any one State; 
(3) not more than $15,000,000 shall be for the purposes 
of section 302(b) (6) ; and 
(4) not more than $10,000,000 shall be for the purposes 
of correction, probation, and parole; and 
(c) the sum of $25,111,000 shall be for the purposes of part D, 
of which $5,111,000 shall be for the purposes of section 404, 
and not more than $10,000,000 shall be for the purposes of 
section 406. 
SEC. 521. (a) Each recipient of assistance under this Act shall keep 
such records as the Administration shall prescribe, including records 
which fully disclose the amount and disposition by such recipient of 
the proceeds of such assistance, the total cost of the project or under-
taking in connection with which such assistance is given or used, and 
the amount of that portion of the cost of the project or undertaking 
supplied by other sources, and such other records as will facilitate 
an effective audit. 
(b) The Administration and the Comptroller General of the 
United States, or any of their duly authorized representatives, shall 
have access for purpose of audit and examinations to any books, 
documents, papers, and records of the recipients that are pertinent 
to the grants received under this title. 
SEC. 522. Section 204(a) of the Demonstration Cities and Metro-
politan Develoj>ment Act of 1966 is amended by inserting "law 
enforcement facilities," immediately after "transportation facilities,". 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
209 
PART F—DEFINITIONS 
SEC. 601. As used in this title— 
(a) "Law enforcement-" means all activities pertaining to crime 
prevention or reduction and enforcement of the criminal law. 
(b) "Organized crime" means the unlawful activities of the mem-
bers of a highly organized, disciplined association engaged in supply-
ing illegal goods and services, including but not limited to gambling, 
prostitution, loan sharking, narcotics, labor racketeering, and other 
unlawful activities of members of such organizations. 
(c) "State" means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, and any territory or 
possession of the Ignited States. 
(d) "L^nit of general local government" means any city, county, 
township, town, borough, parish, village, or other general purpose 
f
)olitical subdivision of a State, or an Indian tribe which performs 
aw enforcement functions as determined by the Secretary of the 
Interior. 
(e) "Combination" as applied to States or units of general local 
government means any grouping or joining together of such States 
or units for the purpose of preparing, developing, or implementing a 
law enforcement plan. 
(f) "Construction" means the erection, acquisition, expansion, or 
repair (but not including minor remodeling or minor repairs) of new 
or existing buildings or other physical facilities, and the acquisition or 
installation of initial equipment therefor. 
(g) "State organized crime prevention council" means a council 
composed of not more than seven persons established pursuant to State 
law or established by the chief executive of the State for the purpose 
of this title, or an existing agency so designated, which council shall 
be broadly representative of law enforcement officials within such 
State and whose members by virtue of their training or experience 
shall be knowledgeable in the prevention and control of organized 
crime. 
(h) "Metropolitan area" means a standard metropolitan statistical 
area as established by the Bureau of the Budget, subject, however, to 
such modifications and extensions as the Administration may determine 
to be appropriate. 
(i) "Public agency" means any State, unit of local government, 
combination of such States or units, or any department, agency, or 
instrumentality of any of the foregoing. 
(j) "Institution of higher education" means any such institution as 
defined by section 801(a) of the Higher Education Act of 1965 (79 
Stat. 1269; 20 LT.S.C. 1141 (a)), subject, however, to such modifications 
and extensions as the Administration may determine to be appropriate. 
(k) "Community service officer" means any citizen with the capac-
ity, motivation, integrity, and stability to assist in or perform police 
work but who may not meet ordinary standards for employment as a 
regular police officer selected from the immediate locality oi the police 
department of which he is to be a part, and meeting such other quali-
fications promulgated in regulations pursuant to section 501 as the 
administration may determine to be appropriate to further the pur-
poses of section 301(b) (7) and this Act. 
210 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
po.t.p. 638. 
TITLE II—ADMISSIBILITY OF CONFESSIONS, REVIEW-
ABILITY OF ADMISSION IN EVIDENCE OF CONFES-
SIONS IN STATE CASES, ADMISSIBILITY IN EVIDENCE 
OF E Y E WITNESS TESTIMONY, AND PROCEDURES IN 
OBTAINING WRITS OF HABEAS CORPUS 
62 Stat. 833; 
71 Stat. 595. 
SEC. 701. (a) Chapter 223, title 18, United States Code (relating 
to witnesses and evidence), is amended by adding at the end thereof 
the following new sections: 
"§3501. Admissibility of confessions 
"(a) In any criminal prosecution brought by the United States or 
by the District of Columbia, a confession, as defined in subsection (e) 
hereof, shall be admissible in evidence if it is voluntarily given. Before 
such confession is received in evidence, the trial judge shall, out of 
the presence of the jury, determine any issue as to voluntariness. If the 
trial judge determines that the confession was voluntarily made it 
shall be admitted in evidence and the trial judge shall permit the jury 
to hear relevant evidence on the issue of voluntariness and shall instruct 
the jury to give such weight to the confession as the jury feels it 
deserves under all the circumstances. 
"(b) The trial judge in determining the issue of voluntariness shall 
take into consideration all the circumstances surrounding the giving 
of the confession, including (1) the time elapsing between arrest and 
arraignment of the defendant making the confession, if it was made 
after arrest and before arraignment, (2) whether such defendant 
knew the nature of this offense with which he was charged or of which 
he was suspected at the time of making the confession, (3) whether 
or not such defendant was advised or knew that he was not required 
to make any statement and that any such statement could he used 
against him, (4) whether or not such defendant had been advised 
prior to questioning of his right to the assistance of counsel; and (5) 
whether or not such defendant was without the assistance of counsel 
when questioned and when giving such confession. 
"The presence or absence of any of the above-mentioned factors to 
be taken into consideration by the judge need not be conclusive on the 
issue of voluntariness of the confession. 
"(c) In any criminal prosecution by the United States or by the 
District of Columbia, a confession made or given by a person who is 
a defendant therein, while such person was under arrest or other 
detention in the custody of any law-enforcement officer or law-enforce-
ment agency, shall not be inadmissible solely because of delay in bring-
ing such person before a commissioner or other officer empowered to 
commit persons charged with offenses against the laws of the United 
States or of the District of Columbia if such confession is found by 
the trial judge to have been made voluntarily and if the weight to be 
given the confession is left to the jury and if such confession was made 
or given by such person within six hours immediately following his 
arrest or other detention: Provided, 
That the time limitation con-
tained in this subsection shall not apply in any case in which the delay 
in bringing such person before such commissioner or other officer 
beyond such six-hour period is found by the trial judge to be reason-
able considering the means of transportation and the distance to be 
traveled to the nearest available such commissioner or other officer. 
"(d) Nothing contained in this section shall bar the admission in 
evidence of any confession made or given voluntarily by any person 
to any other person without interrogation by anyone, or at any time at 
which the person who made or gave such confession was not under 
arrest or other detention. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
211 
"(e) As used in this section, llie term 'confession' means any con- 
"confession." 
fession of guilt of any criminal offense or any self-incriminating state-
ment made or given orally or in writing. 
"§3502. Admissibility in evidence of eye witness testimony 
"The testimony of a witness that he saw the accused commit or 
participate in the commission of the crime for which the accused is 
being tried shall be admissible in evidence in a criminal prosecution 
in any trial court ordained and established under article I I I of the 
Constitution of the Lnited States." 
(b) The section analysis of that chapter is amended by adding at 
the end thereof the following new items: 
"3.">01. Admissibility of confessions. 
'"3502. Admissibility in evidence of eye witness testimony." 
TITLP: III—WIRP:TAPPING AND ELECTRONIC 
SURVEILLANCE 
FINDINGS 
SEC. 801. On the basis of its own investigations and of published 
studies, the Congress makes the following findings: 
(a) Wire communications are normally conducted through the use 
of facilities which form part of an interstate network. The same fa-
cilities are used for interstate and intrastate communications. There 
has been extensive wiretapping carried on without legal sanctions, and 
without the consent of any of the parties to the conversation. Elec-
tronic, mechanical, and other intercepting devices are being used to 
overhear oral conversations made in private, without the consent of 
any of the parties to such communications. The contents of these 
communications and evidence derived therefrom are bein^ used by 
public and private parties as evidence in court and administrative 
proceedings, and by persons whose activities affect interstate com-
merce. The possession, manufacture, distribution, advertising, and 
use of these devices are facilitated by interstate commerce. 
(b) In order to protect effectively the privacy of wire and oral 
communications, to protect the integrity of court and administrative 
proceedings, and to prevent the obstruction of interstate commerce, it 
is necessary for Congress to define on a uniform basis the circumstances 
and conditions under which the interception of wire and oral com-
munications may be authorized, to prohibit any unauthorized intercep-
tion of such communications, and the use of the contents thereof m 
evidence in courts and administrative proceedings. 
(c) Organized criminals make extensive use of wire and oral com-
munications in their criminal activities. The interception of such com-
munications to obtain evidence of the commission of crimes or to 
prevent their commission is an indispensable aid to law enforcement 
and the administration of justice. 
(d) To safeguard the j^rivacy of innocent persons, the interception 
of wire or oral communications where none of the parties to the 
communication has consented to the interception should be allowed 
only when authorized by a court of competent jurisdiction and should 
remain under the control and supervision of the authorizing court. 
Interception of wire and oral communications should further be 
limited to certain major types of offenses and specific categories of 
62 Stat. 684. 
212 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
crime with assiiraiiees that the interception is justified and that the 
information obtained thereby will not be misused. 
SKC. 802. Part I of title 18, United States Code, is amended by 
adding at the end the following new chapter: 
"Chapter 119. WIRE INTERCEPTION AND INTERCEPTION 
OF ORAL COMMUNICATIONS 
"Sec. 
••2r)10. Definitions. 
"2.'>11. Interception and disclosure of wire or oral conimunications prohibited. 
'•2r»12. Manufacture, distribution, possession, and advertising of wire or oral 
communication intercepting devices prohibited. 
"2">13. Conflscati(m of wire or oral communication intercepting devices. 
'•2i>14. Immunity of witnesses. 
••2r>ir). Prohibition of use as evidence of intercepted wire or oral communications. 
"2516. Authorization for interception of wire or oral conununications. 
••2.")17. Authorization for disclosure and use of intercepted wire or oral com-
munications. 
"2518. Pr(K'edure for interception of wire or oral communications. 
"2519. ReiM)rts concerning intercepted wire or oral communications. 
"2520. Recovery of civil damages authorized. 
"§2510. Definitions 
"As used in this chapter— 
"(1) 'wire communication' means any communication made in 
whole or in part through the use of facilities for the transmission 
of communications by the aid of wire, cable, or other like connec-
tion between the point of origin and the point of reception fur-
nished or operated by any person engaged as a common carrier in 
providing or operating such facilities for the transmission of 
interstate or foreign communications; 
"(2) 'oral communication' means any oral communication 
uttered by a person exhibiting an expectation that such communi-
cation is not subject to interception under circumstances justifying 
such expectation; 
"(3) '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; 
"(4) 'intercept' means the aural acquisition of the contents of 
any wire or oral communication through the use of any electronic, 
mechanical, or other device. 
"(5) 'electronic, mechanical, or other device' means any device 
or apparatus which can be used to intercept a wire or oral com-
munication other than— 
"(a) any telephone or telegraph instrument, equipment or 
facility, or any component thereof, (i) furnished to the sub-
scriber or user by a communications common carrier in the 
ordinary course of its business and being used by the sub-
scriber or user in the ordinary course of its business; or (ii) 
being used by a communications common carrier in the ordi-
nary course of its business, or by an investigative or law-
enforcement officer in the ordinary course of his duties; 
"(b) a hearing aid or similar device being used to correct 
subnormal hearing to not better than normal; 
"(6) 'person' means any employee, or agent of the Ignited 
States or any State or political subdivision thereof, and any 
individual, partnership, association, joint stock company, trust, 
or corporation; 
"(7) 'Investigative or law enforcement officer' means any officer 
of the United States or of a State or political subdivision thereof, 
who is empowered by law to conduct investigations of or to make 
arrests for ott'enses enumerated in this chapter, and any attorney 
48 Stat. 1066. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
213 
authorized by law to prosecute or participate in the prosecution 
of such offenses; 
"(8) 'contents', when used with respect to any wire or oral 
communication, includes any information concerning the identity 
of the parties to such communication or the existence, substance, 
purport, or meaning of that communication; 
"(9) 'Judge of competent jurisdiction' means— 
"(a) a judge of a United States district court or a United 
States court of appeals; and 
"(b) a judge of any court of general criminal jurisdiction 
of a State who is authorized by a statute of that State to 
enter orders authorizing interceptions of wire or oral 
communications; 
"(10) 'communication common carrier' shall have the same 
meaning which is given the term 'common carrier' by section 
153(h) of title 47 of the United States Code; and 
"(11) 'aggrieved person' means a person who was a partjr to 
any intercepted wire or oral communication or a person against 
whom the interception was directed. 
"§ 2511. Interception and disclosure of wire or oral communica-
tions prohibited 
"(1) Except as otherwise specifically provided in this chapter any 
person who— 
"(a) willfully intercepts, endeavors to intercept, or procures 
any other person to intercept or endeavor to intercept, any wire or 
oral communication; 
" (b) willfully uses, endeavors to use, or procures any other per-
son to use or endeavor to use any electronic, mechanical, or other 
device to intercept any oral communication when— 
"(i) such device is affixed to, or otherwise transmits a 
s i ^ a l through, a wire, cable, or other like connection used in 
wire communication; or 
"(ii) such device transmits communications by radio, or 
interferes with the transmission of such communication; or 
"(iii) such person knows, or has reason to know, that such 
device or any component thereof has been sent through the 
mail or transported in interstate or foreign commerce; or 
^'.'^' _ ' 
"(iv) such use or endeavor to use (A) takes place on the 
'• 
premises of any business or other commercial establishment 
' '' 
the operations of which affect interstate or foreign commerce; 
or (B) obtains or is for the purpose of obtaining information 
relating to the operations of any business or other commercial 
^"^ 
establishment the operations of which affect interstate or 
foreign commerce; or 
"(v) such person acts in the District of Columbia, the 
Commonwealth of Puerto Rico, or any territory or possession 
of the United States;" 
"(c) willfully discloses, or endeavors to disclose, to any other 
person the contents of any wire or oral communication, knowing 
or having reason to know that the information was obtained 
through the interception of a wire or oral communication in 
violation of this subsection; or 
"(d) willfully uses, or endeavors to use, the contents of any 
wire or oral communication, knowing or having reason to know 
that the information was obtained through the interception of a 
wire or oral communication in violation of this subsection; 
shall be fined not more than $10,000 or imprisoned not more than five ^^^^ity 
years, or both. 
48 Stat. 1064. 
214 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
" (2) (a) It shall not be unlawful under this chapter for an operator 
of a switchboard, or an officer, employee, or agent of any communica-
tion common carrier, whose facilities are used in the transmission of 
a wire communication, to intercept, disclose, or use that communica-
tion in the normal course of his employment while engaged in any 
activity which is a necessary incident to the rendition of his service or 
to the protection of the rights or property of the carrier of such 
communication: Provided^ That said communication common carriers 
shall not utilize service observing or random monitoring except for 
mechanical or service quality control checks. 
"(b) It shall not be unlawful under this chapter for an officer, 
emploj'ee, or agent of the Federal Communications Commission, in 
the normal course of his employment and in discharge of the monitor-
ing responsibilities exercised by the Commission in the enforcement of 
chapter 5 of title 47 of the United States Code, to intercept a wire 
communication, or oral communication transmitted by radio, or to 
disclose or use the information thereby obtained. 
"(c) It shall not be unlawful under this chapter for a person acting 
under color of law to intercept a wire or oral communication, where 
such person is a party to the communication or one of the parties to 
the communication has given prior consent to such interception. 
"(d) It shall not be unlawful under this chapter for a person not 
acting under color of law to intercept a wire or oral communication 
where such person is a party to the communication or where one of 
the parties to the communication has given prior consent to such 
interception unless such communication is intercepted for the purpose 
of committing any criminal or tortious act in violation of the Con-
stitution or laws of the United States or of any State or for the 
purpose of committing any other injurious act. 
" (3) Nothing contained in this chapter or in section 605 of the Com-
munications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall limit the 
constitutional power of the President to take such measures as he deems 
necessary to protect the Nation against actual or potential attack or 
other hostile acts of a foreign power, to obtain foreign intelligence 
information deemed essential to the security of the United States, or 
to protect national security information against foreign intelligence 
activities. Nor shall anything contained in this chapter be deemed to 
limit the constitutional power of the President to take such measures 
as he deems necessary to protect the United States against the over-
throw of the Government by force or other unlawful means, or against 
any other clear and present danger to the structure or existence of the 
Government. The contents of any wire or oral communication inter-
cepted by authority of the President in the exercise of the foregoing 
powers may be received in evidence in any trial hearing, or other pro-
ceeding only where such interception was reasonable, and shall not be 
otherwise used or disclosed except as is necessary to implement that 
power. 
"§2512. Manufacture, distribution, possession, and advertising 
of wire or oral communication intercepting devices 
prohibited 
" (1) Except as otherwise specifically provided in this chapter, any 
person who willfully— 
"(a) sends through the mail, or sends or carries in interstate 
or foreign commerce, any electronic, mechanical, or other device, 
knowing or having reason to know that the design of such device 
renders it primarily useful for the purpose of the surreptitious 
interception of wire or oral communications; 
Post, p. 223. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
215 
"(b) manufactures, assembles, possesses, or sells any electronic, 
mechanical, or other device, knowing or having reason to know 
that the design of such device renders it primarily useful for the 
purpose of the surreptitious interception of w4re or oral com-
munications, and that such device or any component thereof has 
been or will be sent through the mail or transported in interstate 
or foreign commerce; or 
"(c) places in any newspaper, magazine, handbill, or other 
publication any advertisement of— 
" (i) any electronic, mechanical, or other device knowing or 
having reason to know that the design of such device renders 
it primarily useful for the purpose of the surreptitious inter-
ception of wire or oral communications; or 
"(ii) any other electronic, mechanical, or other device, 
where such advertisement promotes the use of such device 
for the purpose of the surreptitious interception of wire or 
oral communications, 
knowing or having reason to know that such advertisement will 
be sent through the mail or transported in interstate or foreign 
commerce, 
shall be fined not more than $10,000 or imprisoned not more than five Penalty. 
years, or both. 
"(2) It shall not be unlawful under this section for— 
"(a) a communications common carrier or an officer, agent, 
or employee of, or a person under contract with, a communica-
tions common carrier, in the normal course of the communications 
common carrier's business, or 
"(b) an officer, agent, or employee of, or a person under contract 
with, the L^nited States, a State, or a political subdivision thereof, 
in the normal course of the activities of the United States, a State, 
or a political subdivision thereof, to send through the mail, send 
or carry in interstate or foreign commerce, or manufacture, assem-
ble, possess, or sell any electronic, mechanical, or other device 
knowing or having reason to know that the design of such device 
renders it primarily useful for the purpose of the surreptitious 
interception of wire or oral communications. 
"§ 2513. Confiscation of wire or oral communication intercepting 
devices 
"Any electronic, mechanical, or other device used, sent, carried, 
manufactured, assembled, possessed, sold, or advertised in violation 
of section 2511 or section 2512 of this chapter may be seized and 
forfeited to the United States. All provisions of law relating to (1) 
the seizure, summary and judicial forfeiture, and condemnation of 
vessels, vehicles, merchandise, and baggage for violations of the cus-
toms laws contained in title 19 of the United States Code, (2) the 
disposition of such vessels, vehicles, merchandise, and baggage or the 
})roceeds from the sale thereof, (3) the remission or mitigation of such 
forfeiture, (4) the compromise of claims, and (5) the award of com-
pensation to informers in respect of such forfeitures, shall apply to 
seizures and forfeitures incurred, or alleged to have been incurred, 
under the provisions of this section, insofar as applicable and not incon-
sistent with the provisions of this section; except that such duties as 
are imposed upon the collector of customs or any other person with 
respect to the seizure and forfeiture of vessels, vehicles, merchandise, 
and baggage under the provisions of the customs laws contained in title 
19 of the IJnited States Code shall be performed with respect to seizure 
and forfeiture of electronic, mechanical, or other intercepting devices 
96-600 O - 69 - 17 
216 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
under this section by sucli officers, agents, or otlier persons as may be 
authorized or designated for that purpose by the Attorney General. 
"§ 2514. Immunity of witnesses 
"Whenever in the judgment of a United States attorney the testi-
mony of any witness, or the production of books, papers, or other 
evidence by any witness, in any ca,se or proceeding before any grand 
jury or court of the United States involving any violation of this 
chapter or any of the offenses enumerated in section 2516, or any 
conspiracy to violate this chapter or any of the offenses enumerated 
in section 2516 is necessary to the public interest, .such United States 
attorney, upon the approval of 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. 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 be used 
as evidence in any criminal proceeding (except in a proceeding 
described in the next sentence) against him in any court. No witness 
shall be exempt under this section from pro,secution for perjury or 
contempt committed while giving testimony or producing evidence 
under compulsion as provided in this section. 
"§ 2515. Prohibition of use as evidence of intercepted wire or oral 
communications 
"Whenever any wire or oral communication has been intercepted, 
no part of the contents of such communication and no evidence 
derived therefrom may be received in evidence in any trial, hearing, 
or other proceeding in or before any court, grand jury, department, 
officer, agency, regulatory body, legislative committee, or other 
authority of the United States, a State, or a political subdivision 
thereof if the disclosure of that information would be in violation 
of this chapter. 
"§ 2516. Authorization for interception of wire or oral communi-
cations 
"(1) The Attorney General, or any Assistant Attorney General 
specially designated by the Attorney General, may authorize an appli-
cation to a Federal judge of competent jurisdiction for, and such 
judge may grant in conformity with section 2518 of this chapter an 
order authorizing or approving the interception of wire or oral com-
munications by the Federal Bureau of Investigation, or a Federal 
agency having responsibility for the investigation of the offense as to 
which the application is made, Avhen such interception may provide 
or has provided evidence of— 
"(a) any offense punishable by death or by imprisonment for 
more than one year under sections 2274 through 2277 of title 42 
of the United States Code (relating to the enforcement of the 
68 Stat. 958. 
Atomic Energy Act of 1954), or under the following chapters of 
68^813^^2^16^' 
^^^^ title: chapter 37 (relating to espionage), chapter 105 (relat-
62 Stat! 807;' 
ing to Sabotage), chapter 115 (relating to treason), or chapter 102 
Ante, p. 75. 
(relating to riots) ; 
"(b) a violation of section 186 or section 501(c) of title 29, 
73^stat°535^^537 
United States Code (dealing with restrictions on payments and 
loans to labor organizations), or any offense which involves mur-
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
217 
der, kidnapping, robbery, or extortion, and whicli is punishable 
under this title; 
"(c) any offense which is punisliable under the following sec-
tions of this title: section 201 (bribery of public officials and 
witnesses), section 224 (bribery in sporting contests), section 1084 
^6 stat. 1119; 
(transmission of wagering information), section 1503 (influenc- 52 stat. 769I 
ing or injuring an officer, juror, or witness generally), section si stat. 362; 
1510 (obstruction of criminal investigations), section 1751 (Presi- 52 stat. 793; 
dential assassinations, kidnapping, and assault), section 1951 75 stat. 498; 
(interference with commerce by threats or violence), section 1952 H HH' 729; 
(interstate and foreign travel or transportation in aid of racket- 76 stat. 41; 
eering enterprises), section 1954 (offer, acceptance, or solicitation ^^ ^*°*- ^''^• 
to influence operations of employee benefit plan), section 659 
(theft from interstate shipment), section 664 (embezzlement fi-om 
pension and welfare funds), or sections 2314 and 2315 (interstate 
transportation of stolen property); 
"(d) any offense involving counterfeiting punishable under 
section 471, 472, or 473 of this title; 
62 stat. 705 
"(e) any offense involving bankruptcy fraud or the manu-
facture, importation, receiving, concealment, buying, selling, or 
otherwise dealing in narcotic drugs, marihuana, or other danger-
ous drugs, punishable under any law of the United States; 
"(f) any offense including extortionate credit transactions 
under sections 892, 893, or 894 of this title; or 
^"te. p. 159. 
" (g) any conspiracy to commit any of the foregoing offenses. 
"(2) The principal prosecuting attorney of any State, or the prin-
cipal prosecuting attorney of any political subdivision thereof, if such 
attorney is authorized by a statute of that State to make application 
to a State court judge of competent jurisdiction for an order authoriz-
ing or approving the interception of wire or oral communications, may 
apply to such judge for, and such judge may grant in conformity with 
section 2518 of this chapter and with the applicable State statute an 
order authorizing, or approving the interception of wire or oral com-
munications by investigative or law enforcement officers having respon-
sibility for the investigation of the offense as to which the application 
is made, when such interception may provide or has provided evidence 
of the commission of the offense of murder, kidnapping, gambling, 
robbery, bribery, extortion, or dealing in narcotic drugs, marihuana 
or other dangerous drugs, or other crime dangerous to life, limb, or 
property, and punishable by imprisonment for more than one year, 
designated in any applicable State statute authorizing such intercep-
tion, or any conspiracy to commit any of the foregoing offenses. 
"§ 2517. Authorization for disclosure and use of intercepted wire 
or oral communications 
'• (1) Any investigative or law enforcement officer who, by any means 
authorized by this chapter, has obtained knowledge of the contents of 
any wire or oral communication, or evidence derived therefrom, may 
disclose such contents to another investigative or law enforcement 
officer to the extent that such disclosure is appropriate to the proper 
])erformance of the official duties of the officer making or receiving the 
disclosure. 
" (2) Any investigative or law enforcement officer who, by any means 
authorized by this chapter, has obtained knowledge of the contents 
of any wire or oral communication or evidence derived therefrom may 
use such contents to the extent such use is appropriate to the proper 
performance of his official duties. 
"(3) Any person who has received, by any means authorized by 
this chapter, any information concerning a wire or oral communica-
218 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
tion, or evidence derived therefrom intercepted in accordance with 
the provisions of this chapter may disclose the contents of that com-
munication or such derivative evidence while giving testimony under 
oath or affirmation in any criminal proceeding in any court of the 
L^nited States or of any State or in any Federal or State grand jury 
proceeding. 
"(4) No otherwise privileged wire or oral communication inter-
cepted in accordance with, or in violation of, the provisions of this 
chapter shall lose its privileged character. 
"(5) When an investigative or law enforcement officer, while en-
gaged in intercepting wire or oral communications in the manner 
authorized herein, intercepts wire or oral conmiunications relating to 
offenses other than those specified in the order of authorization or 
approval, the contents thereof, and evidence derived therefrom, may 
be disclosed or used as provided in subsections (1) and (2) of this 
section. Such contents and any evidence derived therefrom may be 
used under subsection (8) of this section when authorized or approved 
by a judge of competent jurisdiction where such judge finds on sub-
sequent application that the contents were otherwise intercepted in 
accordance Avith the provisions of this chapter. Such application shall 
be made as soon as practicable. 
"§2518. Procedure for interception of wire or oral communica-
tions 
"(1) Each application for an order authorizing or approving the 
interception of a wire or oral communication shall be made in writing 
upon oath or affirmation to a judge of competent jurisdiction and shall 
state the applicant's authority to make such application. Each applica-
tion shall include the following information: 
"(a) the identity of the investigative or law enforcement offi-
cer making the application, and the officer authorizing the 
application; 
''(b) a full and complete statement of the facts and circum-
stances relied upon by the applicant, to justify his belief that an 
order should be issued, including (i) details as to the particular 
oifense that has been, is being, or is about to be committed, (ii) a 
particular description of the nature and location of the facilities 
from which or the place where the communication is to be inter-
cepted, (iii) a particular description of the type of communications 
sought to be intercepted, (iv) the identity of the person, if 
known, committing the offense and whose communications are to 
be intercepted; 
"(c) a full and complete statement as to whether or not other 
investigative procedures have been tried and failed or w^hy they 
reasonably appear to be unlikely to succeed if tried or to be too 
dangerous; 
"(d) a statement of the period of time for which the inter-
ception is required to be maintained. If the nature of the investi-
gation is such that the authorization for interception should not 
automatically terminate when the described type of communica-
tion has been first obtained, a particular description of facts 
establishing probable cause to believe that additional commu-
nications of the same type will occur thereafter; 
"(e) a full and complete statement of the facts concerning all 
previous applications known to the individual authorizing and 
making the application, made to any judge for authorization to 
intercept, or for approval of interceptions of, wire or oral com-
munications involving any of the same persons, facilities or 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
219 
places specified in the application, and the action taken by the 
judge on each such application; and 
"(f) where the application is for the extension of an order, a 
statement setting forth the results thus far obtained from the 
interception, or a reasonable explanation of the failure to obtain 
such results. 
"(2) The judge may require the applicant to furnish additional 
testimony or documentary evidence in support of the application. 
"(3) Upon such application the judge may enter an ex parte order, 
as requested or as modified, authorizing or approving interception of 
wire or oral communications within the territorial jurisdiction of the 
court in which the judge is sitting, if the judge determines on the basis 
of the facts submitted by the applicant that— 
"(a) there is probable cause for belief that an individual is 
committing, has committed, or is about to commit a particular 
offense enumerated in section 2516 of this chapter; 
"(b) there is probable cause for belief that particular commu-
nications concerning that offense will be obtained through such 
interception; 
"(c) normal investigative procedures have been tried and have 
failed or reasonably appear to be unlikely to succeed if tried or 
to be too dangerous; 
"(d) there is probable cause for belief that the facilities from 
which, or the place where, the wire or oral communications are 
to be intercepted are being used, or are about to be used, in 
connection wnth the commission of such offense, or are leased to, 
listed in the name of, or commonly used by such person. 
"(4) Each order authorizing or approving the interception of any 
wire or oral communication shall specify— 
"(a) the identity of the person, if known, whose communica-
tions are to be intercepted; 
"(b) the nature and location of the communications facilities 
as to which, or the place where, authority to intercept is granted; 
"(c) a particular description of the type of communication 
sought to be intercepted, and a statement of the particular offense 
to which it relates; 
"(d) the identity of the agency authorized to intercept the 
communications, and of the person authorizing the application; 
and 
"(e) the period of time during which such interception is au-
thorized, including a statement as to whether or not the intercep-
tion shall automatically terminate when the described communica-
tion has been first obtained. 
"(5) No order entered under this section may authorize or approve 
the interception of any wire or oral communication for any period 
longer than is necessary to achieve the objective of the authorization, 
nor in any event longer than thirty days. Extensions of an order may 
be granted, but only upon application for an extension made in accord-
ance with subsection (1) of this section and the court making the find-
ings required by subsection (3) of this section. The period of extension 
shall be no longer than the authorizing judge deems necessary to 
achieve the purposes for which it was granted and in no event for 
longer than thirty days. Every order and extension thereof shall con-
tain a provision that the authorization to intercept shall be executed 
as soon as practicable, shall be conducted in such a way as to minimize 
the interception of communications not otherwise subject to intercep-
tion under this chapter, and must terminate upon attainment of the 
authorized objective, or in any event in thirty days. 
220 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
"(6) Whenever an order authorizing interception is entered pur-
suant to this chapter, the order may require reports to be made t€ the 
judge who issued the order showing what progress has been made 
toward achievement of the authorized objective and the need for con-
tinued interception. Such reports shall be made at such intervals as 
the judge may require. 
"(7) Notwithstanding any other provision of this chapter, any 
investigative or law enforcement officer, specially designated by the 
Attorney General or by the principal prosecuting attorney of any 
State or subdivision thereof acting pursuant to a statute of that State, 
Avho reasonably determines that— 
"(a) an emergency situation exists with respect to conspira-
torial activities threatening the national security interest or to 
conspiratorial activities characteristic of organized crime that 
requires a wire or oral communication to be intercepted before an 
order authorizing such interception can with due diligence be 
obtained, and 
"(b) there are grounds upon which an order could be entered 
under this chapter to authorize such interception, 
may intercept such wire or oral communication if an application for 
an order approving the interception is made in accordance with this 
section within forty-eight hours after the interception has occurred, 
or begins to occur. In the absence of an order, such interception shall 
immediately terminate when the communication sought is obtained 
or when the application for the order is denied, whichever is earlier. 
In the event such application for approval is denied, or in any other 
case where the interception is termmated without an order having 
been issued, the contents of any wire or oral communication inter-
cepted shall be treated as having been obtained in violation of this 
chapter, and an inventory shall be served as provided for in subsection 
(d) of this section on the person named in the application. 
" (8) (a) The contents of anv wire or oral communication intercepted 
by any means authorized by this chapter shall, if possible, be recorded 
on tape or wire or other comparable device. The recording of the 
contents of any wire or oral communication under this subsection shall 
be done in such way as will protect the recording from editing or 
other alterations. Immediately upon the 6xi)iration of the period of 
the order, or extensions thereof, such recordings shall be made avail-
able to the judge issuing such order and sealed under his directions. 
Custody of the recordings shall be wherever the judge orders. They 
shall not be destroyed except upon an order of the issuing or denying 
judge and in any event shall be kept for ten years. Duplicate record-
ings may be made for use or disclosure pursuant to the provisions of 
subsections (1) and (2) of section 2517 of this chapter for investiga-
tions. The presence of the seal provided for by this subsection, or a 
satisfactory exi)lanation for the absence thereof, shall be a prerequisite 
for the use or disclosure of the contents of any wire or oral communi-
cation or evidence derived therefrom under subsection (8) of sec-
tion 2517. 
"(b) Applications made and orders granted under this chapter shall 
be sealed by the judge. Custody of the applications and orders shall be 
wherever the judge directs. Such applications and orders shall be 
disclosed only u^wn a showing of good cause before a judge of compe-
tent jurisdiction and shall not be destroyed except on order of the 
issuing or denying judge, and in any event shall be kept for ten years. 
"(c) Any violation of the provisions of this subsection may be 
punished as contempt of the issuing or denying judge. 
"(d) Within a reasonable time but not later than ninety days after 
the filing of an application for an order of approval vmder section 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
221 
'2518(7) {h) wliich is denied or the termination of tlie period of an 
order or extensions thereof, tlie issuing or denying judge shall cause 
to be served, on the persons named in the order or the application, and 
such otlier parties to intercepted connnunications as the judge may 
determine in his discretion that is in the interest of justice, an inventory 
which shall include notice of— 
" (1) the fact of the entry of the order or the application ; 
"'{•2) the date of the entry and the period of authorized, apj^roved 
or disapproved interception, or the denial of the application; and 
•'(3) the fact that during the period wire or oral communica-
tions were or were not intercepted. 
The judge, upon the filing of a motion, may in his discretion make 
a\'ailable to such person or his counsel for inspection such portions of 
the intercepted connnunications, applications and orders as the judge 
determines to be in the interest of justice. On an ex parte showing of 
good cause to a judge of competent jurisdiction the serving of the 
in\'entory required by this subsection may be postponed. 
''(9) The contents of any intercepted wire or oral communication 
or evidence derived therefrom shall not be received in evidence or other-
wise disclosed in any trial, hearing, or other proceeding in a Federal 
or State court unless each party, not less than ten days before the trial, 
hearing, or proceeding, has been furnished with a copy of the court 
order, and accompanying application, under which the interception 
was authorized or approved. This ten-day period may be waived by 
the judge if he finds that it was not possible to furnish the party with 
the above information ten days before the trial, hearing, or proceeding 
and that the party will not be j^rejudiced by the delay in receiving 
such information. 
"(10) (a) Any aggrieved person in any trial, hearing, or proceeding 
in or before any court, department, officer, agency, regulatory body, 
or other authority of the Ignited States, a State, or a political sub-
division thereof, may move to suppress the contents of any intercepted 
wire or oral communication, or evidence derived therefrom, on the 
grounds that— 
"(i) the communication was unlawfully intercepted; 
" (ii) the order of authorization or approval under which it was 
intercepted is insufficient on its face; or 
"(iii) the interception was not made in conformity Avith the 
order of authorization or approval. 
Such motion shall be made before the trial, hearing, or proceeding 
unless there was no opportunity to make such motion or the person 
was not aware of the grounds of the motion. If the motion is granted, 
the contents of the intercepted wire or oral communication, or evidence 
derived therefrom, shall be treated as having been obtained in viola-
tion of this chapter. The judge, upon the filing of such motion by 
the aggrieved person, may in his discretion make available to the 
aggrieved person or his counsel for inspection such portions of the 
intercepted communication or evidence derived therefrom as the judge 
determines to be in the interests of justice. 
"(b) In addition to any other right to appeal, the TTnited States 
shall have the right to appeal from an order granting a motion to 
suppress made under i^aragraph (a) of this subsection, or the denial 
of an application for an order of approval, if the United States 
attorney shall certify to the judge or other official granting such 
motion or denying such application that the appeal is not taken for 
purposes of delay. Such appeal shall be taken within thirty days 
after the date the order Avas entered and shall be diligently prosecuted. 
222 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
"§ 2519. Reports concerning intercepted wire or oral communica-
tions 
''(1) Within thirty days after the expiration of an order (or eacli 
extension thereof) entered under section 2518, or the denial of an 
order approving an interception, the issuing or denying judge shall 
report to the Administrative Office of the United States Courts^— 
"(a) the fact that an order or extension was applied for; 
"(b) the kind of order or extension applied for; 
"(c) the fact that the order or extension was granted as 
applied for, was modified, or was denied; 
"(d) the period of interceptions authorized by the order, and 
the number and duration of any extensions of the order; 
"(e) the offense specified in the order or application, or 
extension of an order; 
"(f) the identity of the applying investigative or law enforce-
ment officer and agency making the application and the person 
authorizing the application; and 
"(g) the nature of the facilities from which or the place where 
communications were to be intercepted. 
"(2) In January of each year the Attorney General, an Assistant 
Attorney General specially designated by the Attorney General, or 
the principal prosecuting attorney of a State, or the principal prose-
cuting attorney for any political subdivision of a State, shall report to 
the Administrative Office of the United States Courts— 
"(a) the information required by paragraphs (a) through (g) 
of subsection (1) of this section with respect to each application 
for an order or extension made during the preceding calendar 
year; 
"(b) a general description of the interceptions made under 
such order or extension, including (i) the approximate nature and 
frequency of incriminating communications intercepted, (ii) the 
approximate nature and frequency of other communications inter-
cepted, (iii) the approximate number of persons whose com-
munications were intercepted, and (iv) the approximate nature, 
amount, and cost of the manpower and other resources used in 
the interceptions; 
"(c) the number of arrests resulting from interceptions made 
under such order or extension, and the offenses for which arrests 
were made; 
"(d) the number of trials resulting from such interceptions; 
"(e) the number of motions to suppress made with respect to 
such interceptions, and the number granted or denied; 
"(f) the number of convictions resulting from such intercep-
tions and the offenses for which the convictions were obtained 
and a general assessment of the importance of the interceptions; 
and 
"(^) the information required by paragraphs (b) through (f) 
of this subsection with respect to orders or extensions obtained in 
a preceding calendar year. 
gres^"'^* *° "^"^ 
" (^) I^ April of each year the Director of the Administrative Office 
of the United States Courts shall transmit to the Congress a full and 
complete report concerning the number of applications for orders 
authorizing or approving the interception of wire or oral communica-
tions and the number of orders and extensions granted or denied dur-
ing the preceding calendar year. Such report shall include a summary 
and analysis of the data required to be filed with the Administrative 
Office by subsections (1) and (2) of this section. The Director of the 
Administrative Office of the United States Courts is authorized to 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
223 
issue binding regulations dealing with the content and form of the 
reports required to be filed by subsections (1) and (2) of this section. 
"§2520. Recovery of civil damages authorized 
"Any person whose wire or oral communication is intercepted, dis-
closed, or used in violation of this chapter shall (1) have a civil cause 
of action against any person who intercepts, discloses, or uses, or pro-
cures any other person to intercept, disclose, or use such communica-
tions, and (2) be entitled to recover from any such person— 
"(a) actual damages but not less than liquidated damages 
computed at the rate of $100 a day for each day of violation or 
$1,000, whichever is higher; 
"(b) punitive damages; and 
"(c) a reasonable attorney's fee and other litigation costs rea-
sonably incurred. 
A good faith reliance on a court order or on the provisions of section 
2518(7) of this chapter shall constitute a complete defense to any civil 
or criminal action brought under this chapter." 
SEC. 803. Section 605 of the Communications Act of 1934 (48 Stat. 
1103; 47 U.S.C. 605) is amended to read as follows: 
" U N A U T H O R I Z E D P U B L I C A T I O N O F COMMUJflCATIONS 
"SEC. 605. Except as authorized by chapter 119, title 18, United 
States Code, no person receiving, assisting in receiving, transmitting, 
or assisting in transmitting, any interstate or foreign communication 
by wire or radio shall divulge or publish the existence, contents, sub-
stance, i^urport, effect, or meaning thereof, except through authorized 
channels of transmission or reception, (1) to any person other than the 
addressee, his agent, or attorney, (2) to a person employed or author-
ized to forward such communication to its destination, (3) to proper 
accounting or distributing officers of the various communicating cen-
ters over which the communication may be passed, (4) to the master 
of a ship under whom he is serving, (5) in response to a subpena issued 
by a court of competent jurisdiction, or (6) on demand of other lawful 
authority. No person not being authorized by the sender shall intercept 
any radio communication and divulge or publish the existence, con-
tents, substance, purport, effect, or meaning of such intercepted com-
munication to any j)erson. No person not being entitled thereto shall 
receive or assist in receiving any interstate or foreign communication 
by radio and use such communication (or any information therein 
contained) for his own benefit or for the benefit of another not entitled 
thereto. No person having received any intercepted radio communi-
cation or having become acquainted with the contents, substance, pur-
port, effect, or meaning of such communication (or any part thereof) 
knowing that such communication w^as intercepted, shall divulge or 
publish the existence, contents, substance, purport, effect, or meaning 
of such communication (or any part thereof) or use such communi-
cation (or any information therein contained) for his own benefit 
or for the benefit of another not entitled thereto. This section shall not 
apply to the receiving, divulging, publishing, or utilizing the contents 
of any radio communication which is broadcast or transmitted by 
amateurs or others for the use of the general public, or which relates 
to ships in distress." 
SEC. 804. (a) There is hereby established a National Commission 
for the Review of Federal and State Laws Relating to Wiretapping 
and Electronic Surveillance (hereinafter in this section referred to 
as the "Commission"). 
Ante, p. 212. 
Wiretapping 
laws, review 
commission. 
Establishment. 
224 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
Membership. 
Personnel. 
80 Stat. 378. 
5 u s e 5101, 
5331. 
80 Stat. 416. 
Compensation. 
Cooperation of 
Federal and State 
agencies. 
Report to Pres-
ident and Con-
gress. 
(b) The Commission shall be composed of fifteen members appointed 
as follows: 
(A) Four appointed by the President of the Senate from 
Members of the Senate; 
(B) Four appointed by the Speaker of the House of Repre-
sentatives from Members of the House of Representatives; and 
(C) Seven appointed by the President of the United States 
from all seg-ments of life in the United States, including lawyers, 
teachers, artists, businessmen, newspapermen, jurists, policemen, 
and community leaders, none of whom shall be officers of the ex-
ecvitive branch of the Government. 
(c) The President of the XTnited States shall designate a Chairman 
from among the members of the Commission. Any vacancy in the 
Commission .shall not alfect its powers but shall be filled in the same 
manner in which the original appointment was made. 
(d) It shall be the duty of the Commission to conduct a compre-
liensive study and review of the operation of the provisions of this 
title, in eifect on the effective date of this section, to determine the 
effectiveness of such provisions during the six-year period immedi-
ately following the date of their enactment. 
(e) (1) Subject to such rules and regulations as may be adopted by 
the Commission, the Chairman shall have the power to— 
(A) appoint and fix the compensation of an Executive Director, 
and such additional staff' personnel as he deems necessary, without 
regard to the provisions of title 5, Ignited States Code, governing 
appointments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 of 
such title relating to classification and General Schedule pay rates, 
but at rates not in excess of the maximum rate for GS-18 of the 
General Schedule under section 5332 of such title; and 
(B) procure temporary and intermittent services to the same 
extent as is authorized by section 3109 of title 5, United States 
Code, but at rates not to exceed $100 a day for individuals. 
(2) In making appointments pursuant to paragraph (1) of this 
subsection, the Chairman shall include among his appointment indi-
viduals determined by the (chairman to be competent social scientists, 
lawyers, and law enforcement officers. 
(f) (1) A member of the Commission who is a Member of Congress 
shall serve without additional compensation, but shall be reimbursed 
for travel, subsistence, and other necessary expenses incurred in the 
performance of duties vested in the Commission. 
(2) A member of the Commission from private life shall receive 
$100 per diem when engaged in the actual performance of duties vested 
in the Commission, plus reimbursement for travel, subsistence, and 
other necessary expenses incurred in the performance of such duties. 
(g) Each department, agency, and instrumentality of the executive 
branch of the Government, including independent agencies, is author-
ized and directed to furnish to the Commission, upon request made by 
the Chairman, such statistical data, reports, and other information as 
the Commission deems necessary to carry out its functions under this 
section. The Chairman is further authorized to call upon the depart-
ments, agencies, and other offices of the several States to furnish such 
statistical data, reports, and other information as the Commission 
deems necessary to carry out its functions under this section. 
(h) The Commission shall make such interim reports as it deems 
advisable, and it shall make a final report of its findings and recom-
mendations to the President of the United States and to the Congress 
within the one-year period following the effective date of this sub-
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
225 
Termination. 
Conflict of 
interest. 
section. Sixty days after submission of its final report, the Commission 
shall cease to exist. 
(i) (1) Except as provided in paragraph (2) of this subsection, any 
member of the Commission is exempted, with respect to his appoint-
ment, from the operation of sections 203, 205, 207, and 209 of title 18, 
United States Code. 
76 stat. 1121. 
(2) The exemption granted by paragraph (1) of this subsection 
shall not extend— 
(A) to the receipt of payment of salary in connection with 
the appointee's Government service from any source other than the 
private employer of the appointee at the time of his appointment, 
or 
(B) during the period of such appointment, to the prosecu-
tion, by anjr person so appointed, of any claim agamst the 
Government involving any matter with which such person, during 
such period, is or was directly connected by reason of such 
appointment. 
(j) There is authorized to be appropriated such sum as may be 
necessary to carry out the provisions of this section. 
-(k) The foregoing provisions of this section shall take effect upon 
the expiration of the six-year period immediately following the date 
of the enactment of this Act. 
Effective date. 
TITLE IV—STATE FIREARMS CONTROL ASSISTANCE 
FINDINGS AND DECLARATION 
SEC. 901. (a) The Congress hereby finds and declares— 
(1) that there is a widespread traffic in firearms moving in 
or otherwise affecting interstate or foreign commerce, and that 
the existing Federal controls over such traffic do not adequately 
enable the States to control this traffic within their own borders 
through the exercise of their police power; 
(2) that the ease with which any person can acquire firearms 
other than a rifle or shotgun (including criminals, juveniles 
without the knowledge or consent of their parents or guardians, 
narcotics addicts, mental defectives, armed groups who would 
supplant the functions of dulv constituted public authorities, 
and others whose possession 01 such weapons is similarly con-
trary to the public interest) is a significant factor in the prev-
alence of lawlessness and violent crime in the United States; 
(3) that only through adequate Federal control over interstate 
and foreign commerce in these weapons, and over all persons en-
gaging in the businesses of importing, manufacturing, or dealing 
in them, can this grave problem be properly dealt with, and effec-
tive State and local regulation of this traffic be made possible; 
(4) that the acquisition on a mail-order basis of firearms other 
than a rifle or shotgun by nonlicensed individuals, from a place 
other than their State of residence, has materially tended to 
thwart the effectiveness of State laws and regulations, and local 
ordinances; 
(5) that the sale or other disposition of concealable weapons by 
importers, manufacturers, and dealers holding Federal licenses, 
to nonresidents of the State in which the licensees' places of busi-
ness are located, has tended to make ineffective the laws, regula-
tions, and ordinances in the several States and local jurisdictions 
regarding such firearms; 
(6) that there is a causal relationship between the easy avail-
ability of firearms other than a rifle or shotgun and juvenile and 
5 
226 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
youthful criminal beliiivior, and that such firearms have been 
widely sold by federally licensed importers and dealers to emo-
tionally immature, or thrill-bent juveniles and minors prone to 
criminal behavior; 
(7) that the LTnited States has I)ecome the dumping ground 
of the castolf surplus military weapons of other nations, and that 
such weapons, and the large volume of relatively inexpensive pis-
tols and revolvers (largely worthless for sporting purposes), 
imported into the ITnited States in recent years, has contributed 
greatly to lawlessness and to the Nation's law enforcement 
problems; 
(8) that the lack of adequate Federal control over interstate 
and foreign commerce in highly destructive weapons (such as 
bazookas, mortars, antitank guns, and so forth, and destructive 
devices such as explosive or incendiary grenades, bombs, missiles, 
and so forth) has allowed such weapons and devices to fall into 
the hands of lawless persons, including armed groups who would 
supplant lawful authority, thus creating a problem of national 
concern; 
(9) that the existing licensing system under the Federal Fire-
arms Act does not provide adequate license fees or proper stand-
ards for the granting or denial of licenses, and that this has led to 
licenses being issued to persons not reasonably entitled thereto, 
thus distorting the purposes of the licensing system. 
(b) The Congress further hereby declares that the purpose of this 
title is to cope with the conditions referred to in the foregoing subsec-
tion, and that it is not the purpose of this title to place any undue or 
unnecessary Federal restrictions or burdens on law-abiding citizens 
with respect to the acquisition, possession, or use of firearms appropri-
ate to the purpose of hunting, trap shooting, target shooting, personal 
protection, or any other lawful activity, and that this title is not 
intended to discourage or eliminate the private ownership or use of fire-
arms by law-abiding citizens for lawful pui"poses, or provide for the 
imposition by Federal regulations of any procedures or requirements 
other than those reasonably necessary to implement and ett'ectuate the 
provisions of this title. 
SEC. 902. Title 18, ITnited States Code, Is amended by inserting after 
section 917 thereof the following new chapter: 
52 Stat. 1250. 
15 u s e 909. 
62 Stat. 743. 
^ ° ^ ' p 1214 
Chapter 44.—FIREARMS 
"Sec. 
"5)21. Definitions. 
^•922. Unlawful acts. 
"923. Licensing. 
"924. Penalties. 
'•925. Exceptions : Relief from disabilities. 
'•920. Rules and regulations. 
"927. Effect on State law. 
"928. Separability clause. 
"§921. Definitions 
'"(a) As used in this chapter— 
"(1) The term 'person' and the term 'whoever includes any indi-
vidual, corporation, company, association, firm, partnership, society, 
or joint stock company. 
"(2) The term 'interstate or foreign commerce' includes commerce 
between any State or possession (not including the Canal Zone) and 
any place outside thereof; or l)etween points within the same State or 
possession (not including the Canal Zone), but through any place 
outside thereof; or within any possession or the District of Columbia. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
227 
The term 'State' shall include the Commonwealth of Puerto Rico, the 
Virgin Islands, and the District of Columbia. 
"(3) The term 'firearm' means any weapon (including a starter 
gun) which will or is designed to or may readily be converted to expel 
a projectile by the action of an explosive; the frame or receiver of any 
such weapon; or any firearm muffler or firearm silencer; or any 
destructive device. 
" (4) The term 'destructive device' means any explosive, incendiary, 
or poison gas bomb, grenade, mine, rocket, missile, or similar device; 
and includes any type of weapon which will or is designed to or may 
readily be converted to expel a projectile by the action of any explosive 
and having any barrel with a bore of one-half inch or more in 
diameter. 
"(5) The term 'shotgun' means a weapon designed or redesigned, 
made or remade, and intended to be fired from the shoulder and de-
signed or redesigned and made or remade to use the energy of the 
explosive in a fixed shotgun shell to fire through a smooth bore either 
a number of ball shot or a single projectile for each single pull of the 
trigger. 
"(6) The term 'short-barreled shotgun' means a shotgun having 
one or more barrels less than eighteen inches in length and any weapon 
made from a shotgun (whether by alteration, modification, or other-
wise) if such weapon as modified has an overall length of less than 
twenty-six inches. 
"(7) The term 'rifle' means a weapon designed or redesigned, made 
or remade, and intended to be fired from the shoulder and designed or 
redesigned and made or remade to use the energy of the explosive in a 
fixed metallic cartridge to fire only a single projectile through a rifled 
bore for each single pull of the trigger. 
"(8) The term 'short-barreled rifle' means a rifle having one or 
more barrels less than sixteen inches in length and any weapon made 
from a rifle (Avhether by alteration, modification, or otherwise) if such 
weapon as modified has an overall length of less than twenty-six 
inches. 
"(9) The term 'importer' means any person engaged in the business 
of importing or bringing firearms or ammunition into the United 
States for purposes of sale or distribution; and the term 'licensed 
importer' means any such person licensed under the provisions of this 
chapter. 
"(10) The term 'manufacturer' means any person engaged in the 
manufacture of firearms or ammunition for purposes of sale or dis-
tribution; and the term 'licensed manufacturer' means any such per-
son licensed under the provisions of this chapter. 
"(11) The term 'dealer' means (A) any person engaged in the busi-
ness of selling firearms or ammunition at wholesale or retail, (B) any 
person engaged in the business of repairing such firearms or of making 
or fitting special barrels, stocks, or trigger mechanisms to firearms or 
(C) any person who is a pawnbroker. The term 'licensed dealer' means 
any dealer who is licensed under the provisions of this chapter. 
"(12) The term 'pawnbroker' means any person whose business 
or occupation includes the taking or receiving, by way of pledge or 
pawn, of any firearm or ammunition as security for the payment or 
repayment of money. 
"(Ie3) The term 'indictment' includes an indictment or an informa-
tion in any court under which a crime punishable by imprisonment 
for a term exceeding one year may be prosecuted. 
"(14) The term 'fugitive from justice' means any person who has 
fled from any State or possession to avoid prosecution for a crime 
228 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
punishable by iniprisoinneiit for a term exceedmg one year or to 
avoid giving testimony in any criminal proceeding. 
"(15) The term 'antique firearm' means any firearm manufactured 
in or before 1898 (including any matchlock, fiintlock, percussion cap, 
or similar early type of ignition system) or replica thereof, whether 
actually manufactured before or after the year 1898; and also any 
firearm using fixed ammunition manufactured in or before 1898, for 
which ammunition is no longer manufactured in the United States; 
and is not readily available in the ordinary channels of commercial 
trade. 
*'(16) The term 'amnmnition' means ammunition for a destructive 
device; it shall not include shotgun shells or any other ammunition 
designed for use in a firearm other than a destructive device. 
"(17) The term 'Secretary' or 'Secretary of the Treasury' means 
the Secretary of the Treasury or his delegate. 
"(18) The term 'published ordinance' means a published law of 
any political subdivision of a State which the Secretary of the 
Treasury determines to be relevant to the enforcement of this chapter 
and which is contained on a list compiled by the Secretary of the 
Publication in 
Trcasury which list shall be published in the Federal Register, revised 
Fe era Register, ^j^j^^^r^^jy^ ^ud fumislied to eacli liceusee under this chapter. 
"(b) As used in this chapter— 
"(1) The term 'firearm' shall not include an antique firearm. 
"(2) The term 'destructive device' shall not include— 
"(A) a device which is not designed or redesigned or used 
or intended for use as a weapon; or 
"(B) any device, although originally designed as a weapon, 
which is redesigned so that it may be used solely as a sig-
naling, linethrowing, safety or similar device; or 
"(C) any shotgun other than a short-barreled shotgun; or 
"(D) any nonautomatic rifle (other than a short-barreled 
rifle) generally recognized or particularly suitable for use 
for the hunting of big game; or 
"(E) surplus obsolete ordnance sold, loaned, or given by 
the Secretary of the Army pursuant to the provisions of 
sections 468-1(2), 4685, or 4686 of title 10, United States 
70A Stat. 263. 
Code; Or 
"(F) any other device which the Secretary finds is not 
likely to be used a.s a weapon. 
"(3) The term 'crime punishable by imprisonment for a term 
exceeding one year' shall not include any Federal or State offenses 
pertaining 
to antitrust 
violations, unfair 
trade 
practices, 
restraints of trade, or other similar offenses relating to the regula-
tion of business practices as the Secretary may by regulation 
designate. 
"§ 922. Unlawful acts 
"(a) It shall be unlawful— 
" (1) for any person, except a licensed importer^ licensed manu-
facturer, or licensed dealer, to engage in the business of import-
ing, manufacturing, or dealing in firearms, or ammunition, or in 
the course of such business to ship, transport, or receive any 
firearm or ammunition in interstate or foreign commerce. 
"(2) for any importer, manufacturer, or dealer licensed under 
the provisions of this chapter to ship or transport in interstate 
or foreign commerce, any firearm other than a rifle or shotgun, 
or ammunition to any person other than a licensed importer, 
licensed manufacturer, or licensed dealer, except that— 
"(A) this paragraph shall not be held to preclude a 
licensed importer, licensed manufacturer, or licensed dealer 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
229 
from returning a firearm or replacement firearm of tlie 
same kind and type to a person from wliom it was received; 
"(B) this paragraph shall not be held to preclude a li-
censed importer, licensed manufacturer, or licensed dealer 
from depositing a firearm for conveyance in the mails to any 
officer, employee, agent, or watchman who, pursuant to the 
provisions of section 1715 of title 18 of the United States 
Code, is eligible to receive through the mails pistols, revolvers, ga^stat^ 95^^^' 
and other firearms capable of bein^ concealed on the person, 
for use in connection with his official duty; 
"(C) nothing in this paragraph shall be construed as ap-
plying in any manner in the District of Columbia, the Com-
monwealth of Puerto Eico, or any possession of the United 
States differently than it would apply if the District of 
Columbia, the Commonwealth of Puerto Rico, or the posses-
sion were in fact a State of the United States. 
"(3) for any person other than a licensed importer, licensed 
manufacturer, or licensed dealer to transport into or receive in 
the State w^here he resides (or if the person is a corporation or 
other business entity, in w^hich he maintains a place of business) — 
"(A) any firearm, other than a shotgun or rifle, purchased 
or otherwise obtained by him outside that State; 
"(B) any firearm, purchased or otherwise obtained by him 
outside that State, which it would be unlawful for him to 
purchase or possess in the State or political subdivision 
thereof wherein he resides (or if the person is a corporation 
or other business entity, in which he maintains a place of 
business). 
"(4) for any person, other than a licensed importer, licensed 
manufacturer, or licensed dealer, to transport in interstate or 
foreign commerce any destructive device, machinegun (as defined 
in section 5848 of the Internal Revenue Code of 1954), short- 
^^'^sp^' 
barreled shotgun, or short-barreled rifle, except as specifically 
authorized by the Secretary. 
"(5) for any person to transfer, sell, trade, give, transport, 
or deliver to any person (other than a licensed importer, licensed 
manufacturer, or licensed dealer) who resides in any State other 
than that in which the transferor resides (or in w^hich his place 
of business is located if the transferor is a corporation or other 
business entity) — 
" (A) any firearm, other than a shotgun or rifle; 
"(B) any firearm which the transferee could not lawfully 
purchase or possess in accord with applicable laws, regula-
tions or ordinances of the State or political subdivision thereof 
in which the transferee resides (or in which his place of 
business is located if the transferee is a corporation or other 
business entity). 
"This paragraph shall not apply to transactions between licensed 
importers, licensed manufacturers, and licensed dealers. 
"(6) for any person in connection with the acquisition or 
attempted acquisition of any firearm from a licensed importer, 
licensed manufacturer, or licensed dealer, knowingly to make any 
false or fictitious oral or written statement or to furnish or exhibit 
any false or fictitious or misrepresented identification, intended 
or likely to deceive such importer, manufacturer, or dealer with 
respect to any fact material to the lawfulness of the sale or other 
disposition of such firearm under the provisions of this chapter. 
726. 
26 use 5848. 
Records. 
230 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
"(b) It shall be unlawful for any licensed importer, licensed manu-
facturer, or licensed dealer to sell or deliver— 
"(1) any firearm to any individual who the licensee knows or 
has reasonable cause to believe is less than twentj'-one years of 
age, if the firearm is other than a shotgun or rifle. 
"(2) any firearm to any person in any State where the pur-
chase or possession by such person of such firearm would be in 
violation of any State law or any published ordinance applicable 
at the place of sale, delivery or other disposition, or in the locality 
in which such person resides unless the licensee knows or has 
reasonable cause to believe that the purchase or possession would 
not be in violation of such State law or such ordinance. 
"(3) any firearm to any i)erson who the licensee knows or has 
reasonable cause to believe does not reside in (or if the person is 
a corporation or other business entity, does not maintain a place 
of business in) the State in which the licensee's place of business is 
located; except that this paragraph shall not apply in the case 
of a shotgun or rifle. 
"(4) to any person any destructive device, machine gun (as 
ll^lc'ss^i' 
defined in section 5848 of the Internal Revenue Code of 1954), 
short-barreled shotgun, or short-barreled rifle, unless he has in his 
possession a sworn statement executed by the principal law 
enforcement officer of the locality wherein the purchaser or per-
son to whom it is otherwise disposed of resides, attesting that there 
is no provision of law, regulation, or ordinance which would be 
violated by such person's receipt or possession thereof, and that he 
is satisfied that it is intended by such person for lawful purposes; 
and such sworn statement shall be retained by the licensee as a 
part of the records required to be kept under the provisions of 
this chapter. 
"(5) any firearm to any person unless the licensee notes in his 
records required to be kept pursuant to section 923 of this chapter, 
the name, age, and place of residence of such person if the person 
is an individual, or the identity and principal and local places 
of business of such person if the person is a corporation or other 
business entity. 
Paragraphs (1), (2), (3) and (4) of this subsection shall not apply 
to transactions between licensed importers, licensed manufacturers, 
and licensed dealers. 
"(c) It shall be unlawful for any licensed importer, licensed manu-
facturer, or licensed dealer to sell or otherwise dispose of any firearm 
or ammunition to any person, knowing or having reasonable cause to 
believe that such person is a fugitive from justice or is under indict-
ment or has been convicted in any court of a crime ]:)unishable by im-
j)risonment for a term exceedina; one year. This subsection shall not 
apply Avith respect to sa^e or disposition of a firearm to a licensed 
importer, licensed manufacturer, or licensed dealer who jjursuant to 
subsection (b) of section 925 of this chapter is not precluded from 
dealino- in firearms, or to a person Avho has been granted relief from 
disabilities pursuant to subsection (c) of section 925 of this chapter. 
"(d) It shall be unlawful for any common or contract carrier to 
transport or deliver in interstate or foreign commerce any firearm 
with knowledge or reasonable cause to believe that the shipment, 
transportation, or receipt thereof would be in violation of the pro-
visions of this chapter. 
"(e) It shall be unlawful for any person who is under indictment 
or who has been convicted in any court of a crime punishable by 
imprisonment for a term exceeding one year, or who is a fugitive from 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
231 
justice, to ship or transport any firearm or ammunition in interstate 
or foreign commerce. 
"(f) It shall be unlawful for any person who is under indictment 
or who has been convicted in any court of a crime punishable by 
imprisonment for a term exceeding one year, or is a fugitive from 
justice, to receive any firearm or ammunition which has been shipped 
or transported in interstate or foreign commerce. 
"(g) It shall be unlawful for any person to transport or ship in 
interstate or foreign commerce, any stolen firearm or stolen ammuni-
tion, knowing or having reasonable cause to believe the same to have 
been stolen. 
"(h) It shall be unlawful for any person to receive, conceal, store, 
barter, sell, or dispose of any stolen firearm or stolen ammunition, or 
pledge or accept as security for a loan any stolen firearm or stolen 
ammunition, moving as or which is a part of or which constitutes 
interstate or foreign commerce, knowing or having reasonable cause 
to believe the same to have been stolen. 
"(i) It shall be unlawful for any person knowingly to transport, 
si lip, or receive, in interstate or foreign commerce, any firearm the 
importer's or manufacturer's serial number of which has been removed, 
obliterated, or altered. 
"(j) It shall be unlawful for any person knowingly to import or 
bring into the United States or any possession thereof any firearm or 
ammunition, except as provided in subsection (d) of section 925 of 
this chapter; and it shall be unlawful for any person knowingly to 
receive any firearm or ammunition which has been imported or brought 
into the United States or any possession thereof in violation of the 
i:)rovisions of this chapter. 
" (k) It shall be unlawful for any licensed importer, licensed manu-
facturer, or licensed dealer knowingly to make any false entry in, or 
to fail to make appropriate entry in or to fail to properly maintain, 
any record which he is required to keep pursuant to section 923 of this 
chapter or regulations promulgated thereunder. 
"§923. Licensing 
"(a) No person shall engage in business as a firearms or ammunition 
importer, manufacturer, or dealer until he has filed an application 
with, and received a license to do so from, the Secretary. The applica-
tion shall be in such form and contain such information as the Secre-
tary shall by regulation prescribe. Each applicant shall be required to 
pay a fee for obtaining such a license, a separate fee being required 
for each place in which the applicant is to do business, as follows: 
" (1) If a manufacturer— 
"(A) of destructive devices and/or ammunition a fee of $1,000 
per year; 
"(B) of firearms other than destructive devices a fee of $500 
per year. 
"(2) If an importer— 
"(A) of destructive devices and/or ammunition a fee of $1,000 
per year; 
"(B) of firearms other than destructive devices a fee of $500 
per year. 
"(3) If a dealer— 
"(A) in destructive devices and/or ammunition a fee of $1,000 
per year; 
"(B) who is a pawnbroker dealing in firearms other than 
destructive devices a fee of $250 per year; 
" (C) who is not a dealer in destructive devices or a pawnbroker, 
a fee of $10 per year. 
Records. 
96-600 O - 69 
232 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
"(b) Upon the filing of a proper application and payment of the 
prescribed fee, the Secretary may issue to the applicant the appropriate 
license which, subject to the provisions of this chapter and other 
applicable provisions of law, shall entitle the licensee to transport, 
ship, and receive firearms and ammunition covered by such license in 
interstate or foreign commerce during the period stated in the license. 
Disapproval. 
"(^^ Ally appHcatioii Submitted uuder subsectlons (a) and (b) of 
this section shall be disapproved and the license denied and the fee 
returned to the applicant if the Secretary, after notice and oppor-
tunity for hearing, finds that— 
" (1) the applicant is under twenty-one years of age; or 
"(2) the applicant (including in the case of a corporation, 
partnership, or association, any individual possessing directly or 
indirectly, the power to direct or cause the direction of the man-
agement and policies of the corporation, partnership, or asso-
ciation) is prohibited from transporting, shipping, or receiving 
firearms or ammunition in interstate or foreign commerce under 
the provisions of this chapter; or is, by reason of his business 
experience, financial standing, or trade connections, not likely 
to commence business operations during the term of the annual 
license applied for or to maintain operations in compliance with 
this chapter; or 
"(3) the applicant has willfully violated any of the provisions 
of this chapter or regulations issued thereunder; or 
"(4) the applicant has willfully failed to disclose any material 
information required, or has made any false statement as to any 
material fact, in connection with his application; or 
"(5) the applicant does not have, or does not intend to have 
or to maintain, in a State or possession, business premises for the 
conduct of the business. 
^^''°'^'^^- 
"(d) Each licensed importer, licensed manufacturer, and licensed 
dealer shall maintain such records of importation, production, ship-
ment, receipt, and sale or other disposition, of firearms and ammuni-
tion at such place, for such period and in such form as the Secretary 
may by regulations prescribe. Such importers, manufacturers, and 
dealers shall make such records available for inspection at all reason-
able times, and shall submit to the Secretary such reports and informa-
tion with respect to such records and the contents thereof as he shall 
by regulations prescribe. The Secretary or his delegate may enter 
during business hours the premises (including places of storage) of 
any firearms or ammunition importer, manufacturer, or dealer for 
the purpose of inspecting or examining any records or documents 
required to be kept by such importer or manufacturer or dealer under 
the provisions of this chapter or regulations issued pursuant thereto, 
and any firearms or ammunition kept or stored by such importer, 
manufacturer, or dealer at such premises. LTpon the request of any 
State, or possession, or any political subdivision thereof, the Secretary 
of the Treasury may make available to such State, or possession, or any 
political subdivision thereof, any information which he may obtain by 
reason of the provisions of this chapter with respect to the identifica-
tion of persons within such State, or possession, or political subdivision 
thereof, who have purchased or received firearms or ammunition, 
together with a description of such firearms or ammunition. 
ii^e°s*e''^ °^ 
"(e) Licenses issued under the provisions of subsection (b) of this, 
section shall be kept posted and kept available for inspection on the 
business premises covered by the license. 
"(f) Licensed importers and licensed manufacturers shall identify, 
in such manner as the Secretary shall by regulations prescribe, each 
firearm imported or manufactured by such importer or manufacturer. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
233 
"§ 924. Penalties 
"(a) Whoever violates any provision of this chapter or knowingly 
makes any false statement or representation with respect to the infor-
mation required by the provisions of this chapter to be kept in the 
records of a person licensed under this chapter, or in applying for any 
license or exemption or relief from disability under the provisions of 
this chapter, shall be fined not more than $5,000 or imprisoned not 
more than five years, or both. 
"(b) Whoever, with intent to commit therewith an offense punisha-
ble by imprisonment for a term exceeding one year, or with knowledge 
or reasonable cause to believe that an offense punishable by imprison-
ment for a term exceeding one year is to be committed therewith, ships, 
transports, or receives a firearm in interstate or foreign commerce shall 
be fined not more than $10,000 or imprisoned not more than ten years, 
or both. 
"(c) Any firearm or ammunition involved in, or used or intended to 
be used in, any violation of the provisions of this chapter, or a rule 
or regulation promulgated thereunder, or violation of any other crim-
inal law of the United States, shall be subject to seizure and forfeiture 
and all provisions of the Internal Revenue Code of 1954 relating to the 
seizure, forfeiture, and disposition of firearms, as defined in section 
5848(1) of said Code, shall, so far as applicable, extend to seizures l'^ use 5348 
and forfeitures under the provisions of this chapter. 
"§925. Exceptions: relief from disabilities 
"(a) The provisions of this chaj)ter shall not apply with respect 
to the transportation, shipment, receipt, or importation of any firearm 
or ammunition imported for, or sold or shipped to, or issued for the 
use of the United States or any department, or agency thereof; or any 
State or possession, or any department, agency, or political subdivision 
thereof. 
"(b) A licensed importer, licensed manufacturer, or licensed dealer 
who is indicted for a crime punishable by imprisonment for a term 
exceeding one year, may, notwithstanding any other provisions of 
this chapter, continue operations pursuant to his existing license (pro-
vided that prior to the expiration of the term of the existing license 
timely application is made for a new license) during the term of such 
indictment and until any conviction pursuant to the indictment becomes 
final. 
"(c) A person who has been convicted of a crime punishable by 
imprisonment for a term exceeding one year (other than a crime 
involving the use of a firearm or other weapon or a violation of this 
chapter or of the National Firearms Act) may make application to 72^1^3^*142^^' 
the Secretary for relief from the disabilities under this chapter 
26 use ssoi-
incurred by reason of such conviction, and the Secretary may grant ^^^2. 
such relief if it is established to his satisfaction that the circumstances 
regarding the conviction, and the applicant's record and reputation, 
are such that the applicant will not be likely to conduct his operations 
in an unlawful manner, and that the granting of the relief would not 
be contrary to the public interest. A licensee conducting operations 
under this chapter, who makes application for relief from the disabili-
ties incurred under this chapter by reason of such a conviction, shall 
not be barred by such conviction from further operations under his 
license pending final action on an application for relief filed pursuant 
to this section. Whenever the Secretary grants relief to any person pe^erii''R"°rster 
pursuant to this section he shall promptly publish in the Federal 
^ ^'^^ ^^'^ "' 
Register notice of such action, together with the reasons therefor. 
"(d) The Secretarj^ may authorize a firearm to be imported or 
brought into the United States or any possession thereof if the 
234 
PUBLIC LAW 90-351-JUNE19, 1968 
[82 STAT. 
])erson importing or bringing in the firearm establislies to the satis-
faction of the Secretary that the firearm— 
"(1) is being imported or brought in for scientific or research 
purposes, or is for use in connection with competition or training 
io^scr43^o^i'*-' 
pursuant to chapter 401 of title 10 of the United States Code; or 
4313. 
"(2) is an unserviceable firearm, other than a machinegun as 
2rusc*5848^' 
defined by 5848(2) of the Internal Revenue Code of 1954 (not 
readily restorable to firing condition), imported or brought in 
as a curio or museum piece; or 
''(?>) is of a type that does not fall within the definition of a 
firearm as defined in section 5848(1) of the Internal Revenue Code 
74 Stat. 149. 
^^f ld~A aiid is generally recognized as particularly suitable for or 
readily adaptable to sporting purposes, and in the case of surplus 
military firearms is a rifle or shotgun; or 
"(4) was previously taken out of the United States or a posses-
sion by the person who is bringing in the firearm : 
ProcklctL That the Secretary may permit the conditional importation 
or bringing in of a firearm for examination and testing in connection 
with the making of a determination as to whether the importation or 
bringing in of such firearm will be allowed under this subsection. 
"§926. Rules and regulations 
"The Secretary may prescribe such rules and regulations as he deems 
reasonably necessary to carry out the provisions of this chapter. The 
Secretary shall give reasonable public notice, and aiford to interested 
parties opportunity for hearing, prior to prescribing such rules and 
regulations. 
"§ 927. Effect on State law 
"'No provision of this chapter shall be construed as indicating an 
intent on the part of the Congress to occupy the field in which such 
provision operates to the exclusion of the law of any State or posses-
sion on the same subject matter, unless there is a direct and positive 
conflict between such provision and the law of the State or possession 
so that the two cannot be reconciled or consistently stand together. 
"§928. Separability 
"'If any provision of this chapter or the application thereof to any 
person or circumstance is held invalid, the remainder of the chapter 
and the application of such provision to other persons not similarly . 
situated or to other circumstances shall not be affected thereby." 
Administration. 
gj;^.^ 9();3 xhe administration and enforcement of the amendment 
made by this title shall be vested in the Secretary of the Treasury. 
SEC. 904. Nothing in this title or amendment made thereby shall be 
construed as modifying or affecting any provision of— 
(a) the National Firearms Act (chapter 5-3 of the Internal 
9filTsr'.«nV • 
Revenue Code of 1954) ; or 
5862. 
(b) section 414 of the Muhial Security Act of 1954 (22 U.S.C. 
68 Stat. 848. 
1934), as amended, relating to munitions control; or 
62 Stat. 781; 
(c) sectlou 1715 of title 18, United States Code, relating to 
63 Stat 
95 
• 
7
C
5 
nonmailable firearms. 
SEC. 905. The table of contents to "PART I.—CRIMES" of title 18, 
United States Code, is amended by inserting after 
"43. False personation 
911" 
a new chapter reference as follows: 
"44. Firearms 
921". 
^^p^^i- 
SEC. 906. The Federal Firearms Act (52 Stat. 1250; 15 U.S.C. 
901-910), as amended, is repealed. 
82 STAT. ] 
PUBLIC LAW 90-351-JUNE 19, 1968 
235 
SEC. 907. The amendments made by this title shall become effective 
Effective date. 
one hundred and eighty days after the date of its enactment; except 
that repeal of the Federal Firearms Act shall not in itself terminate 
^"'«' P- 234. 
any valid license issued pursuant to that Act and any such license 
shall be deemed valid until it shall expire according to its terms 
unless it be sooner revoked or terminated pursuant to applicable 
provisions of law. 
^
~
-
~
— 
TITLE V—DISQUALIFICATION FOR ENGAGING IN RIOTS 
AND CIVIL DISORDERS 
SEC. 1001. (a) Subchapter I I of chapter 73 of title 5, United States 
Code, is amended by adding immediately after section 7312 the follow- 
so stat. 524. 
ing new section: 
"§ 7313. Riots and civil disorders 
''(a) An individual convicted by any Federal, State, or local court 
of competent jurisdiction of— 
" (1) inciting a riot or civil disorder; 
"(2) organizing, promoting, encouraging, or participating in 
a riot or civil disorder; 
"(3) aiding or abetting any person in committing any offense 
specified in clause (1) or (2) ; or 
"(4) any offense determined by the head of the employing 
agency to have been committed in furtherance of, or while par-
ticipating in, a riot or civil disorder; 
shall, if the offense for which he is convicted is a felony, be ineligible 
to accept or hold any position in the Government of the United States 
or in the government of the District of Columbia for the five years 
immediately following the date upon which his conviction becomes 
final. x\ny such individual holding a position in the Government of the 
United States or the government of the District of Columbia on the 
date his conviction becomes final shall be removed from such position. 
"(b) For the purposes of this section, 'felony' means any offense 
"Feiony." 
for which imprisonment is authorized for a term exceeding one year." 
(b) The analysis of chapter 73 of title 5, United States Code, 
immediately preceding section 7301 of such title, is amended by strik-
ing out the analysis of subchapter I I and inserting in lieu thereof the 
following: 
"SUBCHAPTER II—P:MPLOYMP:XT L I M I T A T I O N S 
"Sec. 
"7311. Loyalty and striking. 
'•7312. Employment and clearance; individuals removed from national security. 
"7313. Riots and civil disorders." 
(c) The heading of subchapter I I of chapter 73 of title 5, United 
States Code, immediately preceding section 7311 of such title, is 
amended to read as follows: 
"SUBCHAPTER II—EMPLOYMENT LIMITATIONS". 
SEC. 1002. The provisions of section 1001 (a) of this title shall apply 
Effective date. 
only wdth respect to acts referred to in section 7313(a) (l)-(4) of title 
5, United States Code, as added by section 1001 of this title, which are 
committed after the date of enactment of this title. 
236 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
TITLE VI—CONFIRMATION OF T H E DIRECTOR OF T H E 
FEDERAL BUREAU OF INVESTIGATION 
SEC. 1101. Effective as of the day following the date on which the 
present incumbent in the office of Director ceases to serve as such, the 
Director of the Federal Bureau of Investigation shall be appointed 
by the President, by and with the advice and consent of the Senate, 
and shall receive compensation at the rate x:)rescribed for level I I of 
80 Stat. 460. 
I]^Q Federal Executive Salary Schedule. 
5 use 5313. 
"
^ 
TITLE VII—UNLAWFUL POSSESSION OR R E C E I P T OF 
FIREARMS 
Post, p. 1236. 
SEC. 1201. The Congress hereby finds and declares that the receipt, 
possession, or transportation of a firearm by felons, veterans who are 
other than honorably discharged, mental incompetents, aliens who 
are illegally in the country, and former citizens who have renounced 
their citizenship, constitutes— 
(1) a burden on commerce or threat affecting the free flow of 
commerce, 
(2) a threat to the safety of the President of the United Stat"es 
and Vice President of the United States, 
(3) an impediment or a threat to the exercise of free speech and 
the free exercise of a religion guaranteed by the first amendment 
to the Constitution of the United States, and 
(4) a threat to the continued and effective operation of the 
Government of the United States and of the government of each 
State guaranteed by article IV of the Constitution. 
SEC. 1202. (a) Any person who— 
(1) has been convicted by a court of the United States or of a 
State or any political subdivision thereof of a felony, or 
(2) has been discharged from the Armed Forces under other 
than honorable conditions, or 
(3) has been adjudged by a court of the United States or of a 
State or any political subdivision thereof of being mentally 
incompetent, or 
(4) having been a citizen of the United States has renounced 
his citizenship, or 
(5) being an alien is illegally or unlawfully in the United 
States, 
and who receives, possesses, or transports in commerce or affecting 
commerce, after the date of enactment of this Act, any firearm shall 
Penalty. 
be fined not more than $10,000 or imprisoned for not more than two 
years, or both. 
(b) Any individual who to his knowledge and while being employed 
by any person who— 
(1) has been convicted by a court of the United States or of a 
State or any political subdivision thereof of a felony, or 
(2) has been discharged from the Armed Forces under other 
than honorable conditions, or 
(3) has been adjudged by a court of the United States or of a 
State or any political subdivision thereof of being mentally incom-
petent, or 
(4) having been a citizen of the United States has renounced 
his citizenship, or 
(5) being an alien is illegally or unlawfully in the United 
States, 
and who, in the course of such employment, receives, possesses, or 
transports in commerce or affecting «commerce, after the date of the 
82 STAT. J 
PUBLIC LAW 90-351-JUNE 19, 1968 
237 
enactment of this Act, any firearm shall be fined not more than $10,000 
or imprisoned for not more than two years, or both, 
(c) As used in this title— 
(1) "commerce" means travel, trade, traffic, commerce, trans-
portation, or communication among the several States, or between 
the District of Columbia and any State, or between any foreign 
country or any territory or possession and any State or the Dis-
trict of Columbia, or between points in the same State but through 
any other State or the District of Columbia or a foreign country; 
(2) "felony" means any offense punishable by imprisonment 
for a term exceeding one year; 
(3) "firearm" means any weapon (including a starter gun) 
which will or is designed to or may readily be converted to expel a 
projectile by the action of an explosive; the frame or receiver of 
any such weapon; or any firearm muffler or firearm silencer; or 
any destructive device. Such term shall include any handgun, rifle, 
or shotgun; 
(4) "destructive device" means any explosive, incendiary, or 
poison gas bomb, grenade, mine, rocket, missile, or similar device; 
and includes any type of weapon which will or is designed to or 
may readily be converted to expel a projectile by the action of any 
explosive and having any barrel with a bore of one-half inch or 
more in diameter; 
(5) "handgun" means any pistol or revolver originally de-
signed to be fired by the use of a single hand and which is designed 
to fire or capable of firing fixed cartridge ammunition, or any 
other firearm originally designed to be fired by the use of a single 
hand; 
(6) "shotgun" means a weajjon designed or redesigned, made 
or remade, and intended to be fired from the shoulder and de-
signed or redesigned and made or remade to use the energy of the 
explosive in a fixed shotgun shell to fire through a smooth bore 
either a number of ball shot or a single projectile for each single 
pull of the trigger; 
(7) "rifle" means a weapon designed or redesigned, made or 
remade, and intended to be fired from the shoulder and designed 
or redesigned and made or remade to use the energy of the explo-
sive in a fixed metallic cartridge to fire only a single projectile 
through a rifled bore for each single pull of the trigger. 
SEC. 1203. This title shall not apply to— 
(1) any prisoner who by reason of duties connected with law 
enforcement has expressly been entrusted with a firearm by com-
petent authority of the prison; and 
(2) any person who has been' pardoned by the President of the 
United States or the chief executive of a State and has expressly 
been authorized by the President or such chief executive, as the 
case may be, to receive, possess, or transport in commerce a firearm. 
TITLE 
VIII—PROVIDING FOR 
AN A P P E A L 
BY 
T H E 
UNITED 
STATES 
FROM 
DECISIONS 
SUSTAINING 
MOTIONS TO SUPPRESS EVIDENCE 
SEC. 1301. (a) Section 3731 of title 18, United States Code, is 
amended by inserting after the seventh paragraph the following new 
paragraph: 
"From an order, granting a motion for return of seized property or 
a motion to suppress evidence, made before the trial of a person 
charged with a violation of any law of the United States, if the United 
States attorney certifies to the judge who granted such motion that 
Penalty. 
Definitions. 
Post, p. 1236. 
Exemptions. 
62 Stat. 844. 
238 
PUBLIC LAW 90-351-JUNE 19, 1968 
[82 STAT. 
the appeal is not taken for purpose of delay and that the evidence is a 
substantial proof of the charge pending against the defendant." 
Release. 
(jj^^ Sucli sectiou is amended by striking out in the third paragraph 
from the end "the defendant shall be admitted to bail on his own 
recognizance'* and inserting "the defendant shall be released in accord-
62 Stat. 821; 
auce with chapter 207 of this title". 
^°i|*usc M41- 
SEC. 1302. Section 935 of the Act of March 3, 1901 (31 Stat. 1341) 
3152. 
(D.C. Code, sec. 23-105), is amended—• 
^^^^^^^- 
(a) by inserting "(a)''immediately before "In all'-; and 
(b) by adding at the end thereof the following new subsection: 
"(b) The United States may also appeal an order of the District 
of Columbia Court of General Sessions, granting a motion for return 
of .seized property or a motion to suppress evidence, made before the 
trial of a person charged with a violation of any law of the United 
States, if the United States attorney conducting the prosecution for 
such violation certifies to the judge who granted such motion that the 
appeal is not taken for purpose of delay and that the evidence is a 
substantial proof of the charge pending against the defendant. Pend-
ing the prosecution and determination of such appeal, the defendant, 
if in custody for .such violation, shall be released in accordance wnth 
chapter 207 of title 18, United States Code."' 
TITLE IX—ADDITIONAL GROUNDS FOR ISSUING 
WARRANT 
Posf, p. 638. 
gj,(.^ 1401. (a) Chapter 204 of title 18, United States Code, is 
amended by inserting imrnecliately after section 3103 the following 
new section: 
"§ 3103a. Additional grounds for issuing warrant 
"In addition to the grounds for issuing a warrant in section 3103 
62 Stat. 819. 
of tliis title, a warrant may be issued to search for and seize any 
property that constitutes evidence of a criminal offense in violation of 
the laws of the LTnited States." 
(b) The table of sections for chapter 205 of title 18, United States 
Code, is amended by inserting after the item relating to section 3103 
the following: 
"3103a. Additional grounds for issuing warrant." 
TITLE X—PROHIBITING EXTORTION AND THREATS IN 
T H E DISTRICT OF COLUMBIA 
SEC. 1501. Whoever with intent to extort from any person, firm, asso-
ciation, or corporation, any money or other thing of value: (1) trans-
mits within the District of Columbia any communication containing 
any demand or request for ransom or reward for the release of any 
kidnapped person, shall be fined not more than $5,000 or imprisoned 
not more than twenty years, or both; (2) transmits within the District 
of Columbia any communication containing any threat to kidnap 
any person or any threat to injure the person of another, shall be fined 
not more than $5,000 or imprisoned not more than twenty years, or 
both; or (3) transmits witliin the District of Columbia any commu-
nication containing any threat to injure the property or reputation 
of the recipient of the communication or of another or the reputation 
of a deceased person or any threat to accuse the recipient of the com-
munication or any other person of a crime, shall be fined not more 
than $5,000 or imprisoned not more than twenty years, or both. 
SEC. 1502. Whoever threatens within the District of Columbia to 
kidnap any person or to injure the person of another or physically 
82 STAT. ] 
PUBLIC LAW 90-352-JUNE19, 1968 
239 
damage the property of any person or of another person, in whole or 
in part, shall be fined not more than $5,000 or imprisoned not more 
than twenty years, or both. 
TITLE XI—GENERAL PROVISIONS 
SEC. 1601. If the provisions of any part of this Act or any amend- 
separability. 
ments made thereby or the application thereof to any person or cir-
cumstances be held invalid, the provisions of the other parts and their 
application to other persons or circumstances shall not be affected 
thereby. 
Approved June 19, 1968, 7:14 p.m. 
Public Law 90-352 
J O I N T RESOLUTION 
june 19, 1968 
Making sui>i>leniental appropriations for the fiscal year WKliug .June 30, 1968, [H.J. Res. 1268] 
and for other purposes. 
Re><()lr('(l hy the Semite and House of Representatives 
of the United 
States of Amet'lca in Congress assembled^ That the following sums are proprua^nriges 
ap[)ropriated out of any money in the Treasury not otherwise appro-
priated, to supply supplemental appropriiations for the fiscal year 
ending June 30, 19(i8, and for other purposes; namely: 
CHAPTER I 
DEPARTMENT OF TRANSPORTATION 
P^EDEKAL H I G H W A Y 
A D M I N I S T R A T I O N 
FEDERAL-AID HIGHWAYS (TRUST FUND) 
For ill! additional amount for "Federal-aid highways (trust fund)", 
to remain aviailable until expended, $400,000,000 or so much thereof as 
may be available in and derived from the "Highway trust fund", which 
sum is part of the amount authorized to be appropriated for the fiscal 
ve}irl967. 
CHAPTER I I 
CLAIMS AND JITDGMENTS 
For payment of ckiims settled and determined by departments and 
agencies in accord with law and judgments rendered against the 
Ignited States by the United States Court of Claims and United States 
district courts, as set forth in House Document Numbered 254 as 
amended by H<juse Document Numbered 258, Ninetieth Congress, 
$50,980,86:3, including $174,334 payable from the postal fund, together 
with such amounts as may be necessary to pay interest (as and when 
s[>ecified in such judgments or provided by law) and such additional 
sums due to increases in rates of exchange as miay be necessary to pay 
claims in foreign currency: Provided^ That no judgment herein appro-
priated for shall be paid until it shall become final and conclusive 
against the Ignited States by failure of the parties to appeal or other-
wise : Provided further^ That unless otherwise specifically required by 
law or by the judgment, payment of interest wherever appropriated 
for herein shall not continue for more than thirty days after the date 
of approval of this Act. 
Approved June 19, 1968.