An Act to amend sections 3288 and 3289 of title 18, United States Code, relating to reindictment after dismissal of a defective indictment
PL 88-520 (H.R.7219), enacted 08/30/1964

78 STAT.] 
PUBLIC L
A
W 88-520-AUG. 30, 1964 
699 
Public Law 88-519 
^^ ACT 
August 30, 1964 
To jimeud sxibsection (d) of section 1346 of title 28 of the United States Code 
[H. R. 11520] 
relating to the jurisdiction of the United States district courts. 
District courts. 
Jurisdiction. 
Be it enacted hy the Senate and House of Re'presentatives 
of the 
United States of America in Congress assembled, That subsection (d) 
of section 1346 of title 28 of the United States Code is amended to 
62 statr 933" 
read as follows: 
"(d) The district courts shall not have jurisdiction under this 
section of any civil action or claim for a pension." 
Approved August 30, 1964. 
Public Law 88-520 
AN ACT 
August 30, 1964 
To amend sections 3288 and 3289 of title 18, United States Code, relating to 
[H.^^[2191 
reindictment after dismissal of a defective indictment. 
Crimes and of-
fenses. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 3288 
of title 18, United States Code, is amended to read as follows: 
"^Reindictment. 
"§ 3288. Indictment where defect found after period of limita- 
^
^ 
tions 
"Whenever an indictment is dismissed for any error, defect, or 
irre^larity with respect to the grand jury, or an indictment or infor-
mation filed after the defendant waives in open court prosecution by 
indictment is found otherwise defective or insufficient for any cause, 
after the period prescribed by the applicable statute of limitations 
has expired, a new indictment may be returned in the appropriate 
jurisdiction within six calendar months of the date of the dismissal of 
the indictment or information, or, if no regular grand jury is in session 
in the appropriate jurisdiction when the indictment or information 
is dismissed, within six calendar months of the date when the next 
regular grand jury is convened, which new indictment shall not be 
barred by any statute of limitations." 
SEC. 2. That section 3289 of title 18, United States Code, is amended 
to read as follows: 
^§ 3289. Indictment where defect found before period of limita-
tions 
"Whenever an indictment is dismissed for any error, defect, or 
irregularity with respect to the grand jury, or an indictment or infor-
mation filed after the defendant waives in open court prosecution by 
indictment is found otherwise defective or insufficient for any cause, 
before the period prescribed by the applicable statute of limitations 
has expired, and such period will expire within six calendar months 
of the date of the dismissal of the indictment or information, a new 
indictment may be returned in the appropriate jurisdiction within 
six calendar months of the expiration of the applicable statute of 
limitations, or, if no regular grand jury is in session in the appropriate 
jurisdiction at the expiration of the applicable statute of limitations, 
within six calendar months of the date when the next regular grand 
jury is convened, which new indictment shall not be barred by any 
statute of limitations." 
Approved August 30, 1964.