An Act relating to the control of organized crime in the United States
PL 91-452 (S.30), enacted 10/15/1970

922 
PUBLIC LAW 91-450-OCT. 14, 1970 
[84 STAT. 
Public Law 91-450 
October 14, 1970 
[S.4235] 
U.S. District 
Court for the 
District of Puerto 
Rico. 
Jurisdiction. 
AN ACT 
T(i continue the jurisdietion of the United States District Court for the District 
of Puerto Rico over certain cases pending in that court on June 2, 1970. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 13 of 
the Act entitled "An Act to provide for the appointment of additional 
district judges, and for other purposes", approved June % 1970 (Pub-
lic Law 91-272; 84 Stat. 294), is amended by striking out the period 
at the end thereof and inserting in lieu thereof the following: "; how-
ever, nothing in this section shall impair the jurisdiction of the United 
States District Court for the District of Puerto Rico to hear and deter-
mine any action or matter begun in the court on or before June 2, 
1970.". 
Approved October 14, 1970. 
Public Law 91-451 
October 14, 1970 
[H. R. 12943] 
Jellyfish 
control. 
Appropriation. 
80 Stat. 1149. 
AN ACT 
To amend section 3 of the Act of November 2, 1966, to extend for three years the 
authority to make appropriations to carry out such Act. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That section 3 of 
the Act entitled "An Act to provide for the control or elimination of 
jellyfish and other such pests in the coastal waters of the United 
States, and for other purposes", approved November 2,1966 (16 U.S.C. 
1203), is amended by striking out "for the fiscal year ending June 30, 
1970" and inserting in lieu thereof "for the period beginning July 1, 
1969, and ending June 30,1973". 
Approved October 14, 1970. 
October 15, 1970 
[S. 30] 
Public Law 91-452 
AN ACT 
Relating to the control of oi-ganized crime in the T'nited States. 
Organized Crime 
]^Q if enoctcd hy thc Senate and House of Representatives 
of the 
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United States 
of America 
in Congress assembled^ That this Act 
may be cited as the "Organized Crime Control Act of 1970." 
STAITIMENT OF FINDINGS AND 
PURPOSE 
The (Congress finds that (1) organized crime in the United States 
is a highly sophisticated, diversified, and widespread activity that 
annually drains billions of dollars from America's economy by unlaw-
ful conduct and the illegal use of force, fraud, and corruption; (2) 
organized crime derives a major portion of its power through money 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
923 
obtained from sucli illegal endeavors as syndicated gambling, loan 
sharking, the theft and fencing of property, the importation and 
distribution of narcotics and other dangerous drugs, and other forms 
of social exploitation; (3) this money and power are increasingly 
used to infiltrate and corrupt legitimate business and labor unions 
and to subvert and corrupt our democratic processes; (4) organized 
crime activities in the United States weaken the stability of the 
Nation's economic system, harm innocent investors and competing 
organizations, interfere with free competition, seriously burden inter-
state and foreign commerce, threaten the domestic security, and under-
mine the general w^elfare of the Nation and its citizens; and (5) 
organized crime continues to grow because of defects in the evidence-
gathering process of the law inhibiting the development of the legally 
admissible evidence necessary to bring criminal and other sanctions 
or remedies to bear on the unlawful activities of those engaged in 
organized crime and because the sanctions and remedies available to 
the Government are unnecessarily limited in scope and impact. 
It is the purpose of this Act to seek the eradication of organized 
crime in the United States by strengthening the legal toials in the evi-
dence-gathering process, by establishing new penal prohibitions, and 
by providing enhanced sanctions and new remedies to deal with the 
unlawful activities of those engaged in organized crime. 
TITLE I—SPECIAL GRAND J U R Y 
SEC. 101. (a) Title 18, United States Code, is amended by adding 
immediately after chapter 215 the following new chapter: 
^^ ^^^' ^^^"^ 
"Chapter 216.—SPECIAL GRAND JURY 
"Sec. 
"3331. Summoning and term. 
"3332. Powers and duties. 
"3333. Reports. 
"3334. General provisions. 
"§ 3331. Summoning and term 
"(a) In addition to such other grand juries as shall be called from 
time to time, each district court which is located in a judicial district 
containing more than four million inhabitants or in which the Attor-
ney General, the Deputy Attorney General, or any designated Assist-
ant Attornej^ General, certifies in writing to the chief judge of the 
district that in his judgment a special grand jury is necessary because 
of criminal activity in the district shall order a special grand jury to 
be summoned at least once in each period of eighteen months unless 
another special grand jury is then serving. The grand jury shall serve 
for a term of eighteen months unless an order for its discharge is 
924 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
entered earlier by the court upon a determination of the grand jury by 
majority vote that its business has been completed. If, at the end of 
such term or any extension thereof, the district court determines the 
business of the grand jury has not been completed, the court may enter 
an order extending such term for an additional period of six months. 
No special grand jury term so extended shall exceed thirty-six months, 
except as provided in subsection (e) of section 3333 of this chapter. 
"(b) If a district court within any judicial circuit fails to extend the 
term of a special grand jury or enters an order for the discharge of 
such grand jury before such grand jury determines that it has com-
pleted its business, the grand jury, upon the affirmative vote of a 
majority of its members, may apply to the chief judge of the circuit 
for an order for the continuance of the term of the grand jury. Upon 
the making of such an application by the grand jury, the term thereof 
shall continue until the entry upon such application by the chief judge 
of the circuit of an appropriate order. No special grand jury term so 
extended shall exceed thirty-six months, except as provided in sub-
section (e) of section 3333 of this chapter. 
"§ 3332. Powers and duties 
"(a) It shall be the duty of each such grand jury impaneled within 
any judicial district to inquire into offenses against the criminal laws 
of the United States alleged to have been committed within that dis-
trict. Such alleged offenses may be brought to the attention of the 
grand jury by the court or by any attorney appearing on behalf of the 
United States for the presentation of evidence. Any such attorney 
receiving information concerning such an alleged offense from any 
other person shall, if requested by such other person, inform the grand 
jury of such alleged offense, the identity of such other person, and such 
attorney's action or recommendation. 
"(b) Whenever the district court detei-mines that the volume of 
business of the special grand jury exceeds the capacity of the grand 
jury to discharge its obligations, the district court may order an addi-
tional special grand jury for that district to be impaneled. 
"§ 3333. Reports 
"(a) A special grand jury impaneled by any district court, with 
the concurrence of a majority of its members, may, upon completion 
of its original term, or each extension thereof, submit to the court a 
report— 
"(1) concerning noncriminal misconduct, malfeasance, or mis-
feasance in office involving organized criminal activity by an 
appointed public officer or employee as the basis for a recom-
mendation of removal or disciplinary action; or 
"(2) regarding organized crime conditions in the district. 
fiUn^'^i^^Lbiic 
"('-*^ ^^ 
court to which such report is submitted shall examine it 
recofd?^ ^" ''^ 
aiid the minutes of the special grand jury and, except as otherwise 
provided in subsections (c) and (d) of this section, shall make an order 
accepting and filing such report as a public record only if the court 
is satisfied that it complies w^ith the provisions of subsection (a) of 
this section and that— 
"(1) the report is based upon facts revealed in the course of 
an investigation authorized by subsection (a) of section 3332 and 
is supported by the preponderance of the evidence; and 
"(2) when the report is submitted pursuant to paragraph (1) 
of subsection (a) of this section, each person named therein and 
any reasonable number of witnesses in his behalf as designated 
by him to the foreman of the grand jury were afforded an opportu-
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
925 
nity to testify before the grand jury prior to the filing of such 
report, and when the report is submitted pursuant to paragraph 
(2) of subsection (a) of this section, it is not critical of an identi-
fied person. 
"(c) (1) An order accepting a report pursuant to paragraph (1) of to^ UMIC o'ffi'J.-rs 
subsection (a) of this section and the report shall be sealed by the court 
and shall not be filed as a public record or be subject to subpena or 
otherwise made public (i) until at least thirty-one days after a copy 
of the order and report are served upon each public officer or employee 
named therein and an answer has been filed or the time for filing an 
answer has expired, or (ii) if an appeal is taken, until all rights of 
review of the public officer or employee named therein have expired 
or terminated in an order accepting the report. No order accepting a 
report pursuant to paragraph (1) of subsection (a) of this section shall 
be entered until thirty days after the delivery of such report to the 
public officer or body pursuant to paragraph (3) of subsection (c) of 
this section. The court may issue such orders as it shall deem appro-
priate to prevent unauthorized publication of a report. Unauthorized 
publication may be punished as contempt of the court. 
" (2) Such public officer or employee may file with the clerk a verified 
Answer, filing, 
answer to such a report not later than twenty days after service of 
the order and report upon him. Upon a showing of good cause, the 
court may grant such public officer or employee an extension of time 
within which to file such answer and may authorize such limited 
publication of the report as may be necessary to prepare such answer. 
Such an answer shall plainly and concisely state the facts and law con-
stituting the defense of the public officer or employee to the charges 
in said report, and, except for those parts thereof w^hich the court 
determines to have been inserted scandalously, pre 
judiciously, or 
unnecessarily, such answer shall become an appendix to the report. 
"(3) Upon the expiration of the time set forth in paragraph (1) of 
subsection (c) of this section, the United States attorney shall deliver 
a true copy of such report, and the appendix, if any, for appropriate 
action to each public officer or body having jurisdiction, responsibility, 
or authority over each public officer or employee named in the report. 
"(d) Upon the submission of a report pursuant to subsection (a) 
ox this section, if the court finds that the filing of such report as a 
public record may prejudice fair consideration of a pending criminal 
matter, it shall order such report sealed and such report shall not be 
subject to subpena or public inspection during the pendency of such 
criminal matter, except upon order of the court. 
"(e) Whenever the court to which a report is submitted pursuant 
Additional 
to paragraph (1) of subsection (a) of this section is not satisfied that ^^ ^"'°'^y-
the report complies with the provisions of subsection (b) of this 
section, it may direct that additional testimony be taken before the 
same grand jury, or it shall make an order sealing such report, and it 
shall not be filed as a public record or be subject to subpena or other-
wise made public until the provisions of subsection (b) of this section 
are met. A special grand jury term may be extended by the district juf^^erm, e^xt"l-
court beyond thirty-six months in order that such additional testimony si on, 
may be taken or the provisions of subsection (b) of this section may 
bo met. 
"(f) As used in this section, 'public officer or employee' means any „/l^"'jJ,^^„°"i'""" 
officer or employee of the United States, any State, the District of "' "•-"'""'"" " 
Columbia, the Commonwealth of Puerto Rico, any territory or posses-
sion of the United States, or any political subdivision, or any depart-
ment, agency, or instrumentality thereof. 
or employee. 
926 
PUBUC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
"§ 3334. General provisions 
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'"^^^ provisions of chapter 215, title 18, United States Code, and 
18 use app.' 
the Federal Rules of Criminal Procedure applicable to regular grand 
juries shall apply to special grand juries to the extent not inconsistent 
with sections 3331, 3332, or 3333 of this chapter." 
(b) The part analysis of part II, title 18, United States Code, is 
amended by adding immediately after 
"215. Grand Jury 
3321" 
the following new item: 
"216. Special Grand Jury 
_ 
3331." 
SEC. 102. (a) Subsection (a), section 3500, chapter 223, title 18, 
71 Stat. 595. 
United States Code, is amended by striking "to an agent of the Gov-
ernment" following "the defendant". 
(b) Subsection (d), section 3500, chapter 223, title 18, United States 
Code, is amended by striking "paragraph" following "the court under" 
and inserting in lieu thereof "subsection". 
(c) Paragraph (1), subsection (e), section 3500, chapter 223, title 
18, United States Code, is amended by striking the "or" following 
the semicolon. 
(d) Paragraph (2), subsection (e), section 3500, chapter 223, title 
18, United States Code, is amended by striking "to an agent of the 
Government" after "said witness" and by striking the period at the 
end thereof and inserting in lieu thereof: "; or (3) a statement, how-
ever taken or recorded, or a transcription thereof, if any, made by said 
witness to a grand jury.". 
TITLE II—GENERAL IMMUNITY 
SEC. 201. (a) Title 18, United States Code, is amended by adding 
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immediately after part IV the following new part: 
"PART V.—IMMUNITY or WITNESSES 
''Sec. 
^'6001. Definitions. 
"6002. Immunity generally, 
•'6003. Court and grand jury proceedings. 
"6004. Certain administrative proceedings. 
"600.5. Congressional proceedings. 
"§ 6001. Definitions 
"As used in this part— 
" (1) 'agency of the United States' means any executive depart-
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meut as defined in section 101 of title 5, United States Code, a 
military department as defined in section 102 of title 5, United 
States Code, the Atomic Energy Commission, the China Trade 
Act registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 143), 
the Civil Aeronautics Board, the Federal Communications Com-
mission, the Federal Deposit Insurance Corporation, the Federal 
Maritime Commission, the Federal Power Commission, the Fed-
eral Trade Commission, the Interstate Commerce Commission, the 
National Labor Relations Board, the National Transportation 
Safety Board, the Railroad Retirement Board, an arbitration 
Post, p. 930. 
board established under 48 Stat. 1193 (45 U.S.C. sec. 157), the 
Securities and Exchange Commission, the Subversive Activities 
Control Board, or a board established under 49 Stat. 31 (15 U.S.C. 
sec. 7l5d); 
"(2) 'other information' includes any book, paper, document, 
record, recording, or other material; 
"(3) 'proceeding before an agency of the United States' means 
any proceeding before such an agency with respect to which it is 
948 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
927 
authorized to issue subpenas and to take testimony or receive other 
information from witnesses under oath; and 
"(4) 'court of the United States' means any of the following 
courts: the Supreme Court of the United States, a United States 
court of appeals, a United States district court established under 
chapter 5, title 28, United States Code, the District of Columbia 
6 2 stat. 872; 
Court of Appeals, the Superior Court of the District of Colum- ^"^tifsc^Vu 
bia, the District Court of Guam, the District Court of the Virgin 
Islands, the United States Court of Claims, the United States 
Court of Customs and Patent Appeals, the Tax Court of the 
United States, the Customs Court, and the Court of Military 
Appeals. 
"§ 6002. Immunity generally 
"Whenever a witness refuses, on the basis of his privilege against 
self-incrimination, to testify or provide other information in a pro-
ceeding before or ancillary to— 
" (1) a court or grand jury of the United States, 
" (2) an agency of the United States, or 
"(3) either House of Congress, a joint committee of the two 
Houses, or a committee or a subcommittee of either House, 
and the person presiding over the proceeding communicates to the 
witness an order issued under this part, the witness may not refuse 
to comply with the order on the basis of his privilege against self-
incrimination ; but no testimony or other information compelled under 
the order (or any information directly or indirectly derived from such 
testimony or other information) may be used against the witness in 
any criminal case, except a prosecution for perjury, giving a false 
statement, or otherwise failing to comply with the order. 
"§ 6003. Court and grand jury proceedings 
" (a) In the case of any individual who has been or may be called to 
testify or provide other information at any proceeding before or 
ancillary to a court of the United States or a grand jury or the United 
States, the United States district court for the judicial district in 
which the proceeding is or may be held shall issue, in accordance with 
subsection (b) of this section, upon the request of the United States 
attorney for such district, an order requiring such individual to give 
testimony or provide other information which he refuses to give or 
provide on the basis of his privilege against self-incrimination, such 
order to become effective as provided in section 6002 of this part. 
"(b) A United States attorney may, with the approval of the Attor-
ney General, the Deputy Attorney General, or any designated Assist-
ant Attorney General, request an order under subsection (a) of this 
section when in his judgment— 
"(1) the testimony or other information from such individual 
may be necessary to the public interest; and 
" (2) such individual has refused or is likely to refuse to testify 
or provide other information on the basis of his privilege against 
self-incrimination. 
*'§ 6004. Certain administrative proceedings 
"(a) In the case of any individual who has been or who may be 
called to testify or provide other information at any proceeding before 
an agency of the United States, the agency may, with the approval of 
the Attorney General, issue, in accordance with subsection (b) of this 
section, an order requiring the individual to give testimony or provide 
other information which ne refuses to give or provide on the basis of 
his privilege against self-incrimination, such order to become effective 
as provided in section 6002 of this part. 
928 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
"(b) An agency of the United States may issue an order under 
subsection (a) of this section only if in its judgment— 
"(1) the testimony or other information from such individual 
may be necessary to the public interest; and 
" (2) such individual has refused or is likely to refuse to testify 
or provide other information on the basis of his privilege against 
self-incrimination. 
"§6005. Congressional proceedings 
"(a) In the case of any individual who has been or may be called 
tx) testify or provide other information at any proceeding before either 
House of Congress, or any committee, or any subcommittee of either 
House, or any joint committee of the two Houses, a United States 
district court shall issue, in accordance with subsection (b) of this 
section, upon the request of a duly authorized representative of the 
House of Congress or the committee concerned, an order requiring 
such individual to give testimony or provide other information which 
he refuses to give or provide on the basis of his privilege against self-
incrimination, such order to become effective as provided in section 
6002 of this part. 
"(b) Before issuing an order under subsection (a) of this section, a 
United States district court shall find that— 
" (1) in the case of a proceeding before either House of Congress, 
the request for such an order has been approved by an affirmative 
vote of a majority of the Members present of that House; 
"(2) in the case of a proceeding before a committee or a sub-
committee of either House of Congress or a joint committee of both 
Houses, the request for such an order has been approved by an 
affirmative vote of two-thirds of the members of the full com-
mittee; and 
" (3) ten days or more prior to the day on which the request for 
such an order was made, the Attorney General was served with 
notice of an intention to request the order 
"(c) Upon application of the Attorney General, the United States 
district court shall defer the issuance of any order under subsection (a) 
of this section for such period, not longer than twenty days from the 
date of the request for such order, as the Attorney General may 
specify." 
(b) The table of parts for title 18, United States Code, is amended 
by adding at the end thereof the following: 
"V. Immunity of Witnesses 
6001". 
SEC. 202. The third sentence of paragraph (b) of section 6 of the 
Commodity Exchange Act (69 Stat. 160; 7 U.S.C. 15) is amended by 
striking "49 U.S.C. 12, 46, 47, 48, relating to the attendance and testi-
mony of witnesses, the production of documentary evidence, and the 
immunity of witnesses" and by inserting in lieu thereof the following: 
"(49 U.S.C. § 12), relating to the attendance and testimony of wit-
nesses and the production of documentary evidence,". 
Repeal. 
g^^ 203. Subsectlon (f) of section 17 of the United States Grain 
Standards Act (82 Stat. 768; 7 U.S.C. § 87f (f)), is repealed. 
SEC. 204. The second sentence of section 5 of the Act entitled "An 
Act to regulate the marketing of economic poisons and devices, and for 
other purposes", approved June 25,1947 (61 Stat. 168; 7 U.S.C. § 135c), 
is amended by inserting after "section", the following language: ", or 
any evidence which is directly or indirectly derived from such 
evidence,". 
Repeal. 
gj,^, £05. Subsectlou (f) of section 13 of the Perishable Agricultural 
Commodities Act, 1930 (46 Stat. 536; 7 U.S.C. § 499m(f)), is repealed. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
929 
SEC. 206. (a) Section 16 of the Cotton Research and Promotion Act 
(80 Stat. 285; 7 U.S.C. § 2115) is amended by striking "(a)"' and by 
striking subsection (b). 
(b) The section heading for such section 16 is amended by striking 
": Self-incrimination". 
SEC. 207. Clause (10) of subsection (a) of section 7 of the Act entitled 
"An Act to establish a uniform system of bankruptcy throughout the 
United States^', approved July 1, 1898 (52 Stat. 847; 11 U.S.C. 
§ 25(a) (10)), is amended by inserting after the first use of the term 
"testimony" the following language: ", or any evidence which is 
directly or indirectly derived from such testimony,". 
SEC. 208. The fourth sentence of subsection (d) of section 10 of the 
Repeal, 
Federal Deposit Insurance Act (64 Stat. 882; 12 U.S.C. § 1820 (d)), is 
repealed. 
SEC. 209. The seventh paragraph under the center heading "DEPART-
MENT or JUSTICE" in the first section of the Act of February 25, 1903 
(32 Stat. 904; 15 LT.S.C. § 32), is amended by striking ": Provided^ 
That" and all that follows in that paragraph and inserting in lieu 
thereof a Denod 
SEC. 210. TheAct of June 30,1906 (34 Stat. 798; 15 U.S.C. § 33), is 
Repeals. 
repealed. 
SEC. 211. The seventh paragraph of section 9 of the Federal Trade 
Commission Act (38 Stat. 722; 15 U.S.C. § 49), is repealed. 
SEC. 212. Subsection (d) of section 21 of the Securities Exchange 
Act of 1934 (48 Stat. 899; 15 U.S.C. § 78u(d)), is repealed. 
SEC. 213. Subsection (c) of section 22 of the Securities Act of 1933 
(48 Stat. 86; 15 U.S.C. § 77v(c)), is repealed. 
SEC. 214. Subsection (e) of section 18 of the Public Utility Holding 
Company Act of 1935 (49 Stat. 831; 15 U.S.C. § 79r(e)), is repealed. 
SEC. 215. Subsection (d) of section 42 of the Investment Company 
Act of 1940 (54 Stat. 842; 15 U.S.C. § 80a-41(d)), is repealed. 
SEC. 216. Subsection (d) of section 209 of the Investment Advisers 
Act of 1940 (54 Stat. 853; 15 U.S.C. § 80b-9(d)), is repealed. 
SEC. 217. Subsection (c) of section 15 of the (^hina Trade Act, 1922 
(42 Stat. 953; 15 U.S.C. § 155 (c)), is repealed. 
42 stat. 853. 
SEC. 218. Subsection (h) of section 14 of the Natural Gas Act (52 
^tat. 828; 15 U.S.C. § 7l7m(h)), is repealed. 
SEC. 219. The first proviso of section 12 of the Act entitled "An Act 
to regulate the interstate distribution and sale of packages of haz-
ardous substances intended or suitable for household use," approved 
July 12, 1960 (74 Stat. 379; 15 U.S.C. § 1271), is amended by insert-
ing after "section" the following language: ", or any evidence which 
is directly or indirectly derived from such evidence,". 
SEC. 220. Subsection (e) of section 1415 of the Interstate Land 
Repeals. 
Sales Full Disclosure Act (82 Stat. 596; 15 U.S.C. § 1714(e)), is 
repealed. 
SEC. 221. Subsection (g) of section 307 of the Federal Power Act 
(49 Stat. 856; 16 U.S.C. § 825f (g)), is repealed. 
SEC. 222. Subsection (b) of section 835 of title 18, United States 
Code, is amended by striking the third sentence thereof. 
7'* s*^*- »
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SEC. 223. (a) Section 895 of title 18, United States Code, is 
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Stat. 162. 
repealed. 
(b) The table of sections of chapter 42 of such title is amended by 
striking the item relating to section 895. 
SEC. 224. (a) Section 1406 of title 18, United States Code, is 
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Stat. 574. 
repealed. 
(b) The table of sections of chapter 68 of such title is amended by 
striking the item relating to section 1406. 
930 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
76 Stat. 42. 
^^^ 
225. Section 1954 of title 18, United States Code, is amended 
by striking "(a) Whoever" and inserting in lieu thereof "Whoever" 
and by striking subsection (b) thereof. 
SEC. 226. The second sentence of subsection (b), section 2424, title 
62 Stat. 813. 
^g, United States Code, is amended by striking "but no person" and 
all that follows in that subsection and inserting in lieu thereof: "but 
no information contained in the statement or any evidence which is 
directly or indirectly derived from such information may be used 
against any person making such statement in any criminal case, except 
a prosecution for perjury, giving a false statement or otherwise fail-
ing to comply with this section." 
ti^edlte ^"^'" 
^^^: ^2^' (^) Section 2514 of title 18, United States Code, is repealed 
82 stal*. 216. 
effective four years after the effective date of this Act, 
(b) The table of sections of chapter 119 of such title is amended by 
striking the item relating to section 2514. 
68 ^slal: 745 
^^^- ^^S- (a) Sectiou 3486 of title 18, United States Code, is repealed, 
(b) The table of sections of chapter 223 of such title is amended by 
striking the item relating to section 3486. 
SEC. 229. Subsection (e) of section 333 of the Tariff Act of 1930 
(46 Stat. 699; 19 U.S.C. § 1333(e)), is amended by striking ": Pro-
ridedj That" and all that follows in that subsection and inserting in 
lieu thereof a period. 
SEC. 230. The first proviso of section 703 of the Federal Food, 
Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1057; 21 
U.S.C. §373), is amended by inserting after "section" the following 
language: ", or any evidence which is directly or indirectly derived 
from such evidence,". 
R^p^^^i- 
SEC. 231. (a) Section 4874 of the Internal Revenue Code of 1954 is 
68A Stat. 586. 
•, j 
^ ' 
26 use 4874. 
repealed. 
(b) The table of sections of part I I I of subchapter (D) of chapter 
39 of such Code is amended by striking the item relating to section 
4874. 
Repeal. 
g j ^ 232. Sectlou 7493 of the Internal Revenue Code of 1954 is 
68A S t a t . 8 9 3 . 
•, -, 
repealed. 
SEC. 233. The table of sections of part I I I of subchapter (E) of 
chapter 76 of the Internal Revenue Code of 1954 is amended by strik-
ing the item relating to section 7493. 
Repeal. 
gj,^^ 234. Paragraph (3) of section 11 of the Labor Management 
Stat. 150. 
Relations Act, 1947 (49 Stat. 455; 29 U.S.C. § 161(3)), is repealed. 
K^p^^i- 
SEC. 235. The third sentence of section 4 of the Act entitled "An 
Act to provide that tolls on certain bridges over navigable waters of 
the United States shall be just and reasonable, and for other pur-
poses", approved August 21, 1935 (49 Stat. 671; 33 U.S.C. § 506), is 
repealed. 
R^p^^i- 
SEC. 236. Subsection (f) of section 205 of the Social Security Act 
.3 Stat. 1368. 
^^^ U.S.C. § 405 (f)) Is repealed. 
SEC. 237. Paragraph c of section 161 of the Atomic Energy Act of 
1954 (68 Stat. 948; 42 U.S.C. § 2201(c)), is amended by striking the 
third sentence thereof. 
Repeals. 
gj.^, 238. The last sentence of the first paragraph of subparagraph 
(h) of the paragraph designated "Third" of section 7 of the Railway 
Labor Act (44 Stat. 582; 45 U.S.C. § 157), is repealed. 
SEC. 239. Subsection (c) of section 12 of the Railroad Unemploy-
ment Insurance Act (52 Stat. 1107; 45 U.S.C. § 362(c)), is repealed. 
SEC. 240. Section 28 of the Shipping Act of 1916 (39 Stat. 737; 
46 U.S.C. § 827), is repealed. 
SEC. 241. Subsection (c) of section 214 of the Merchant Marine Act, 
1936 (49 Stat. 1991; 46 U.S.C. § 1124(c)), is repealed. 
SEC. 242. Subsection (i) of section 409 of the Communications Act 
66 Stat. 722. 
^f ^934 (43 gtat. 1096; 47 U.S.C. § 409 (1)), is repealed. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
931 
SE€. 248. (a) The second sentence of section 9 of the Interetate 
Commerce Act (24 Stat. 382; 49 U.S.C. § 9), is amended by striking 
"; the chiim'' and all that follows in that sentence and inserting in 
lieu thereof a period. 
(b) Subsection (a) of section 816 of the Interstate Commerce Act 
(54 Stat. 946; 49 U.S.C. § 916(a)), is amended by striking the comma 
following "part I" and by striking ", and the Immunity of Witnesses 
Act (34 Stat. 798; 32 Stat. 904, ch. 755, sec. 1),". 
(c) Subsection (a) of section 417 of the Interstate Commerce Act 
(49 U.S.C. § 1017(a)), is amended by striking the comma after "such 
^^ ^'^*- ^97. 
provisions" and by striking ", and of the Immunity of Witnesses Act 
(34 Stat. 798; 32 Stat. 904, ch. 755, sec. 1),". 
SEC. 244. The third sentence of section 3 of the Act entitled "An Act 
to further regulate Commerce with foreign nations and among the 
States", approved February 19, 1903 (32 Stat. 848; 49 U.S.C. § 43), is 
amended by striking "; the claim" and all that follows in that sentence 
down through and including ''''Provided^ That the provisions" and 
inserting in lieu thereof ". The provisions". 
SEC. 245. The first paragraph of the Act of February 11, 1893 (27 
R«P««IS-
Stat. 443; 49 U.S.C. § 46), repealed. 
SEC. 246. Subsection (i) of section 1004 of the Federal Aviation Act 
of 1958 (72 Stat. 792; 49 U.S.C. § 1484 (i)), is repealed. 
SEC. 247. The ninth sentence of subsection (c) of section 13 of the 
Internal Security Act of 1950 (81 Stat. 768; 50 U.S.C. § 792(c)), is 
repealed. 
SEC. 248. Section 1302 of the Second War Powers Act of 1942 (56 
Stat. 185; 50 U.S.C. App. § 643a), is amended by striking the fourth 
sentence thereof. 
SEC. 249. Paragraph (4) of subsection (a) of section 2 of the Act 
entitled "An Act to expedite national defense, and for other purposes", 
approved June28,1940 (54 Stat. 676; 50U.S.C. App. § 1152(a) (4)), is 
^^ s*^*- 1^9. 
amended by striking the fourth sentence thereof. 
SEC. 250. Subsection (d) of section 6 of the Export Control Act of 
1949 (63 Stat. 8; 50 U.S.C. App. § 2026(b)), is repealed. 
SEC. 251. Subsection (b) of section 705 of the Act of September 8, 
1950, to amend the Tariff Act of 1930 (64 Stat. 816; 50 U.S.C. 
§ 2155(b)), is repealed. 
SEC. 252. Section 23-545 of the District of Columbia Code is 
^"'^' P- 619. 
repealed. 
SEC. 253. Section 42 of the Act of October 9, 1940, 54 Stat. 1082 
(D.C. Code, sec. 35-1346), is repealed. 
SEC. 254. Section 2 of the Act of June 19, 1934, 48 Stat. 1176 (sec-
tion 35-802, District of Columbia Code), is repealed. 
SEC. 255. Section 29 of the Act of March 4, 1922, 42 Stat. 414 (sec-
tion 35-1129, District of Columbia Code), is repealed. 
SEC. 256. Section 9 of the Act of February 7, 1914, 38 Stat. 282, as 
amended (section 22-2721, District of Columbia Code), is repealed. 
SEC. 257. Section 5 of the Act of February 7,1914,38 Stat. 281 (sec-
tion 22-2717, District of Columbia Code), is amended by striking out 
"2721" and inserting in lieu thereof "2720". 
SEC. 258. Section 8 of the Act of February 7, 1914, 38 Stat. 282 
(section 22-2720, District of Columbia Code), is amended by striking 
out "2721" and inserting in lieu thereof "2720". 
SEC. 259. In addition to the provisions of law specifically amended 
or specifically repealed by this title, any other provision of law incon-
sistent with the provisions of part V of title 18, United States Code 
^"'^' ^' '^'^^• 
(adding by title II of this Act), is to that extent amended or repealed. 
SEC. 260. The provisions of part V of title 18, United States Code, 
Effective date. 
added by title I I of this Act, and the amendments and repeals made by 
932 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
title I I of this Act, shall take effect on the sixtieth day following the 
date of the enactment of this Act. No amendment to or repeal of any 
provision of law under title I I of this Act shall affect any immunity 
to which any individual is entitled under such provision by reason of 
any testimony or other information given before such day. 
TITLE III—RECALCITRANT WITNESSES 
g/2^stau^9so; 
SEC. 301. (a) Chapter 119, title 28, United States Code, is amended 
28 use 1
*
8
2
1
- 
by adding at the end thereof the following new section: 
1825 
"§ 1826. Recalcitrant witnesses 
"(a) Whenever a witness in any proceeding before or ancillary to 
any court or grand jury of the United States refuses without just cause 
shown to comply with an order of the court to testify or provide other 
information, including any book, paper, document, record, recording 
or other material, the court, upon such refusal, or when such refusal is 
duly brought to its attention, may summarily order his confinement at 
a suitable place until such time as the witness is willing to give such 
testimony or provide such information. No period of such confinement 
shall exceed the life of— 
" (1) the court proceeding, or 
"(2J the term of the grand jury, including extensions, 
before which such refusal to comply with the court order occurred, but 
in no event shall such confinement exceed eighteen months. 
"(b) No person confined pursuant to subsection (a) of this section 
shall be admitted to bail pending the determination of an appeal taken 
by him from the order for his confinement if it appears that the appeal 
is frivolous or taken for delay. Any appeal from an order of confine-
ment under this section shall be disposed of as soon as practicable, but 
not later than thirty days from the filing of such appeal." 
(b) The analysis of chapter 119, title 28, United States Code, is 
amended by adding at the end thereof the following new item: 
"1826. Recalcitrant witnesses.". 
SEC. 302. (a) The first paragraph of section 1073, chapter 49, title 
75 Stat. 795. 
i^^ United States Code, is amended by inserting "or (3) to avoid service 
of, or contempt proceedings for alleged disobedience of, lawful process 
requiring attendance and the giving of testimony or the production of 
documentary evidence before an agency of a State empowered by the 
law of such Stat© to conduct investigations of alleged criminal activi-
ties," immediately after "is charged,". 
(b) The second paragraph of section 1073, chapter 49, title 18, United 
States Code, is amended by inserting immediately after "held in 
custody or confinement" a comma and adding "or in which an avoid-
ance of service of process or a contempt referred to in clause (3) of the 
first paragraph of this section is alleged to have been committed,". 
TITLE IV—FALSE DECLARATIONS 
^^%1\%Z^' 
SEC. 401. (a) Chapter 79, title 18, United States Code, is amended by 
1
8 use 16*21- 
adding at the end thereof the following new section: 
"§ 1623. False declarations before grand jury or court 
"(a) Whoever under oath in any proceeding before or ancillary 
to any court or grand jury of the United States knowingljjr makes any 
false material declaration or makes or uses any other information, 
including any book, paper, document, record, recording, or other 
material, knowing the same to contain any false material declaration, 
shall be fined not more than $10,000 or imprisoned not more than five 
years, or both. 
1622. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
933 
"(b) This section is applicable whether the conduct occurred within 
or without the United States. 
"(c) An indictment or information for violation of this section 
alleging that, in any proceedings before or ancillary to any court or 
grand jury of the United States, the defendant under oath has know-
ingly made two or more declarations, which are inconsistent to the 
degree that one of them is necessarily false, need not specify w^hich 
declaration is false if— 
"(1) each declaration was material to the point in question, and 
"(2) each declaration was made within the period of the statute 
of limitations for the offense charged under this section. 
In any prosecution under this section, the falsity of a declaration set 
forth in the indictment or information shall be established sufficient for 
conviction by proof that the defendant while under oath made irrecon-
cilably contradictory declarations material to the point in question in 
any proceeding before or ancillary to any court or grand jury. It shall 
be a defense to an indictment or information made pursuant to the first 
sentence of this subsection that the defendant at the time he made each 
declaration believed the declaration was true. 
"(d) Where, in the same continuous court or grand jury proceeding 
in which a declaration is made, the person making the declaration 
admits such declaration to be false, such admission shall bar prosecu-
tion under this section if, at the time the admission is made, the declara-
tion has not substantially affected the proceeding, or it has not become 
manifest that such falsity has been or will be exposed. 
"(e) Proof beyond a reasonable doubt under this section is sufficient 
for conviction. It shall not be necessary that such proof be made by 
any particular number of witnesses or by documentary or other type of 
evidence." 
(b) The analysis of chapter 79, title 18, United States Code, is 
amended by adding at the end thereof the following new item: 
"1623. False declarations before grand jury or court." 
TITLE V—PROTECTED FACILITIES FOR HOUSING 
GOVERNMENT WITNESSES 
SEC. 501. The Attorney General of the United States is authorized to 
provide for the security of Government witnesses, potential Govern-
ment witnesses, and the families of Government witnesses and poten-
tial witnesses in legal proceedings against any person alleged to have 
participated in an organized criminal activity. 
SEC. 502. The Attorney General of the United States is authorized 
to rent, purchase, modify, or remodel protected housing facilities and 
to otherwise offer to provide for the health, safety, and welfare of 
witnesses and persons intended to be called as Government w^itnesses, 
and the families of witnesses and persons intended to be called as 
Government witnesses in le^al proceedings instituted against any per-
son alleged to have participated in an organized criminal activity 
whenever, in his judgment, testimony from, or a willingness to testify 
by, such a witness would place his life or person, or the life or person 
of a member of his family or household, in jeopardy. Any person 
availing himself of an offer by the Attorney General to use such facili-
ties may continue to use such facilities for as long as the Attorney 
General determines the jeopardy to his life or person continues. 
SEC. 503. As used in this title, "Government" means the United 
"Government." 
States, any State, the District of Columbia, the Commonwealth of 
Puerto Rico, any territory or possession of the United States, any 
political subdivision, or any department, agency, or instrumentality 
thereof. The offer of facilities to witnesses may be conditioned by 
934 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
Appropriation. 
62 Stat, 832; 
82 Stat. 210. 
18 u s e 3481-
3502. 
Notice, 
Counsel, ap-
pointment. 
Expenses, pay-
ment by U.S. 
the Attorney General upon reimbursement in whole or in part to 
the L^nited States by any State or any political subdivision, or any 
department, agency, or instrumentality thereof of the cost of main-
taining and protecting such witnesses. 
SEC, 504, There is hereby authorized to be appropriated from time 
to time such funds as are necessary to carry out the provisions of this 
title, 
TITLE VI—DEPOSITIONS 
SEC. 601. (a) Chapter 223, title 18, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 3503. Depositions to preserve testimony 
"(a) Whenever due to exceptional circumstances it is in the inter-
est of justice that the testimony of a prospective witness of a party 
be taken and preserved, the court at any time after the filing of an 
indictment or information may upon motion of such party and notice 
to the parties order that the testimony of such witness be taken by 
deposition and that any designated book, paper, document, record, 
recording, or other material not privileged be produced at the same 
time and place. If a witness is committed for failure to give bail to 
appear to testify at a trial or hearingj the court on written motion of 
the witness and upon notice to the parties may direct that his deposition 
be taken. After the deposition has been subscribed the court may dis-
charge the witness, A motion by the Government to obtain an order 
under this section shall contain certification by the Attorney General 
or his designee that the legal proceeding is against a person who is 
believed to have participated in an organized criminal activity, 
"(b) The party at whose instance a deposition is to be taken 
shall give to every party reasonable written notice of the time and 
place for taking the deposition. The notice shall state the name and 
address of each person to be examined. On motion of a party upon 
whom the notice is served, the court for cause shown may extend or 
shorten the time or change the place for taking the deposition. The 
officer having custody of a defendant shall be notified of the time 
and place set for the examination, and shall produce him at the 
examination and keep him in the presence of the witness during the 
examination. A defendant not in custody shall have the right to be 
present at the examination, but his failure, absent good cause shown, 
to appear after notice and tender of expenses shall constitute a waiver 
of that right and of any objection to the taking and use of the deposi-
tion based upon that ri^ht. 
"(c) If a defendant is without counsel, the court shall advise him 
of his rights and assign counsel to represent him unless the defendant 
elects to proceed without counsel or is able to obtain counsel of his 
own choice. Whenever a deposition is taken at the instance of the 
Government, or whenever a deposition is taken at the instance of a 
defendant who appears to be unable to bear the expense of the taking 
of the deposition, the court may direct that the expenses of travel and 
subsistence of the defendant and his attorney for attendance at the 
examination shall be paid by the Government. In such event the 
marshal shall make payment accordingly. 
"(d) A deposition shall be taken and filed in the manner pro-
vided in civil actions, provided that (1) in no event shall a deposition 
be taken of a party defendant without his consent, and (2) the scope 
of examination and cross-examination shall be such as would be 
allowed in the trial itself. On request or waiver by the defendant the 
court may direct that a deposition be taken on written interrogatories 
in the manner provided in civil actions. Such request shall constitute 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
935 
a waiver of any objection to the taking and use of the dej^osition based 
upon its being so taken. 
"(e) The Government shall make available to the defendant for witne*s\Ts"'av°.n. 
his examination and use at the taking of the deposition any statement abinty. 
of the witness being deposed which is in the possession of the Govern-
ment and which the Government would be required to make available 
to the defendant if the witness were testifying at the trial. 
"(f) At the trial or upon any hearing, a part or all of a dej)osition, 
Depositions, 
so far as otherwise admissible under the rules of evidence, may be used ''°"'^"^°"^ ^°' '^^*-
if it appears: That the witness is dead; or that the witness is out of 
the United States, unless it appears that the absence of the witness 
was procured by the partj^ offering the deposition; or that the witness 
is unable to attend or testify because of sickness or infirmity; or that 
the witness refuses in the trial or hearing to testify concerning the 
subject of the deposition or part offered; or that the party offering 
the deposition has been unable to procure the attendance of the wit-
ness by subpena. Any deposition may also be used by any party for 
the purpose of contradicting or impeaching the testimony of the 
deponent as a witness. If only a part of a deposition is offered in 
evidence by a party, an adverse party may require him to offer all of 
it which is relevant to the part offered and any party may offer other 
parts. 
"(g) Objections to receiving in evidence a deposition or part 
thereof may be made as provided in civil actions." 
(b) The analysis of chapter 223, title 18, United States Code, is 
amended by adding at the end thereof the following new item: 
".3-503. Depositions to preserve testimony." 
TITLE VII—LITIGATION CONCERNINCJ SOURCES OF 
EVIDENCE 
PART A—SPECIAL FINDINGS 
SEC. 701. The Congress finds that claims that evidence offered in 
proceedings was obtained by the exploitation of unlawful acts, and 
IS therefore inadmissible in evidence, (1) often cannot reliably be 
determined when such claims concern evidence of events occurring 
years after the allegedly unlawful act, and (2) when the allegedly 
unlawful act has occurred more than five years prior to the event in 
question, there is virtually no likelihood that the evidence offered to 
prove the event has been obtained by the exploitation of that allegedly 
unlawful act. 
PART B—^LITIGATION CONCERNING SOURCES OF EVIDENCE 
SEC. 702. (a) Chapter 223, title 18, United States Code, is amended 
^"'«' P- 934. 
by adding at the end thereof the following new section: 
"§ 3504. Litigation concerning sources of evidence 
" (a) In any trial, hearing, or other proceeding in or before any court, 
grand jury, department, officer, agency, regulatory body, or other 
authority of the United States— 
"(1) upon a claim by a party aggrieved that evidence is inad-
missible because it is the primary product of an unlawful act or 
because it was obtained by the exploitation of an unlawful act, 
the opponent of the claim shall affirm or deny the occurrence of the 
alleged unlawful act; 
"(2) disclosure of information for a determination if evidence 
is inadmissible because it is the primary product of an unlawful 
47-348 O - 72 - 63 (Pt. 1) 
936 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
act occurring prior to June 19,1968, or because it was obtained by 
the exploitation of an unlawful act occurring prior to June 19, 
1968, shall not be re(][uired unless such information may be rele-
vant to a pending claim of such inadmissibility; and 
"(3) no claim shall be considered that evidence of an event is 
inadmissible on the ground that such evidence was obtained by 
the exploitation of an unlawful act occurring prior to June 19, 
1968, if such event occurred more than five years after such 
allegedly unlawful act. 
"Unlawful act." 
«^j^^ ^g ^ g ^ jj^ ^j^jg geotiou 'uulawful act' means any act the use of 
any electronic, mechanical, or other device (as defined in section 
82 Stat. 212. 
2510(5) of thls title) in violation of the Constitution or laws of the 
United States or any regulation or standard promulgated pursuant 
thereto." 
(b) The analysis of chapter 223, title 18, United States Code, is 
amended by adding at the end thereof the following new item : 
"3504. Litigation concerning sources of evidence." 
Applicability. 
gj,Q^ 703. This title shall apply to all proceedings, regardless of 
when commenced, occurring after the date of its enactment. Paragraph 
(3) of subsection (a) of section 3504, chapter 223, title 18, United 
States Code, shall not apply to any proceeding in which all informa-
tion to be relied upon to establish inadmissibility was possessed by the 
party making such claim and adduced in such proceeding prior to such 
enactment. 
TITLE VIII—SYNDICATED GAMBLING 
PART A—SPECIAL FINDINGS 
SEC. 801. The Congress finds that illegal gambling involves wide-
spread use of, and has an effect upon, interstate commerce and the 
facilities thereof. 
PART B—OBSTRUCTION OF STATE OR LOCAL LAW ENFORCEMENT 
8i^st!r*36?^' 
SEC. 802. (a) Chapter 73, title 18, United States Code, is amended 
1
8 use I
S
O 1- 
hy adding at the end tnereof the following new section: 
^^^°" 
*
*
§ 1511. Obstruction of State or local law enforcement 
"(a) It shall be unlawful for two or more persons to conspire to 
obstruct the enforcement of the criminal laws of a State or political 
subdivision thereof, with the intent to facilitate an illegal gambling 
business if— 
"(1) one or more of such persons does any act to effect the 
object of such a conspiracy; 
"(2) one or more of such persons is an official or employee, 
elected, appointed, or otherwise, of such State or political sub-
division; and 
"(3) one or more of such persons conducts, finances, manages, 
supervises, directs, or owns all or part of an illegal gambfmg 
business. 
Definitions. 
"(b) As used lu this section— 
"(1) 'illegal gambling business' means a gambling business 
which— 
"(i) is a violation of the law of a State or political sub-
division in which it is conducted; 
"(ii) involves five or more persons who conduct, finance, 
manage, supervise, direct, or own all or part of such busi-
ness: and 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
937 
"(iii) has been or remains in substantially continuous 
operation for a period in excess of thirty days or has a gross 
revenue of $2,000 in any single day. 
"(2) '^amblin^' includes but is not limited to pool-selling, 
bookmaking, maintaining slot machines, roulette wlieels, or dice 
tables, and conducting lotteries, policy, bolita or numbers games, 
or selling chances therein. 
"(3) 'State' means any State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, and any terri-
tory or possession of the United States. 
"(c) This section shall not apply to any bingo game, lottery, or 
similar game of chance conducted by an organization exempt from 
tax under paragraph (3) of subsection (c) of section 501 of the 
Internal Revenue Code of 1954, as amended, if no part of the gross 
^SA stat. i63. 
receipts derived from such activity inures to the benefit of any pri- 
°^* 
vate shareholder, member, or employee of such organization, except 
as compensation for actual expenses incurred by him in the conduct 
of such activity. 
"(d) Whoever violates this section shall be punished by a fine of 
P^^^ity. 
not more than $20,000 or imprisonment for not more than five years, 
or both." 
(b) The analysis of chapter 73, title 18, United States Code, is 
amended by adding at the end thereof the following new item: 
"1511. Obstruction of State or local law enforcement." 
PART C—ILLEGAL GAMBLING BUSINESS 
SEC. 803. (a) Chapter 95, title 18, United States Code, is amended by ^/^^^tat. 793; 
adding at the end thereof the following new section: 
76 stat! 42?' ^^^' 
"§ 1955. Prohibition of illegal gambling businesses 
1954. 
"(a) Whoever conducts, finances, manages, supervises, directs, or 
Penalty. 
owns all or part of an illegal gambling business shall be fined not more 
than $20,000 or imprisoned not more than five years, or both. 
" (b) As used in this section— 
Definitions. 
"(1) 'illegal gambling business' means a gambling business 
which— 
" (i) is a violation of the law of a State or political subdivi-
sion in which it is conducted; 
"(ii) involves five or more persons who conduct, finance, 
manage, supervise, direct, or own all or part of such business; 
and 
"(iii) has been or remains in substantially continuous oper-
ation for a period in excess of thirty days or has a gross rev-
enue of $2,000 in any single day. 
"(2) 'gambling' includes but is not limited to pool-selling, book-
making, maintaining slot machines, roulette wheels or dice tables, 
and conducting lotteries, policy, bolita or numbers games, or sell-
ing chances therein. 
"(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. 
"(c) If five or more persons conduct, finance, manage, supervise, 
direct, or own all or part of a gambling business and such business 
operates for two or more successive days, then, for the purpose of 
obtaining warrants for arrests, interceptions, and other searches and 
seizures, probable cause that the business receives gross revenue in 
excess of $2,000 in any single day shall be deemed to have been 
established. 
938 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
Seizure and 
forfeiture. 
Exception. 
68A Stat. 163. 
26 u s e 501. 
"(d) Any property, including money, used in violation of the pro-
visions of this section may be seized and forfeited to the United States. 
All provisions of law relating to the seizure, summary, and judicial 
forfeiture procedures, and condemnation of vessels, vehicles, mer-
chandise, and baggage for violation of the customs laws; the disposi-
tion of such vessels, vehicles, merchandise, and baggage or the proceeds 
from such sale; the remission or mitigation of such forfeitures; and 
the compromise of claims and the award of comjjensation to informer^ 
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 inconsistent with such provisions. 
Such duties as are imposed upon the collector of customs or any other 
person in respect to the seizure and forfeiture of vessels, vehicles, 
merchandise, and baggage under the customs laws shall be performed 
with respect to seizures and forfeitures of property used or intended 
for use in violation of this section by such officers, agents, or other 
persons as may be designated for that purpose by the Attorney 
General. 
"(e) This section shall not apply to any bingo game, lottery, or simi-
lar game of chance conducted by an organization exempt from tax 
under paragraph (3) of subsection (c) of section 501 of the Internal 
Revenue Code of 1954, as amended, if no part of the gross receipts 
derived from such activity inures to the benefit of any private share-
holder, member, or employee of such organization except as compensa-
tion for actual expenses incurred by him in the conduct of such 
activity." 
(b) The analysis of chapter 95, title 18, United States Code, is 
amended by addmg at the end thereof the following new item: 
'•1955. Prohibition of illegal gambling businesses." 
PART D—COMMISSION To EEVIEW NATIONAL POLICY TOWARD 
GAMBLING 
Members, 
appointments. 
Quorum. 
ESTABLISHMENT 
SEC. 804. (a) There is hereby established two years after the effective 
date of this Act a Commission on the Review of the National Policy 
Toward Gambling. 
(b) The Commission shall be composed of fifteen members appointed 
as follows: 
(1) four appointed by the President of the Senate from Mem-
bers of the Senate, of whom tw^o shall be members of the majority 
party, and two shall be members of the minority party; 
(2) four appointed by the Speaker of the House of Representa-
tives from Members of the House of Representatives, of whom 
two shall be members of the majority party, and two shall be mem-
bers of the minority party; and 
(3) seven appointed by the President of the United States from 
persons specially qualified by training and experience to perform 
the duties of the Commission, none of whom shall be officers of 
the executive branch of the Government. 
(c) The President of the United States shall designate a Chairman 
from among the members of the Commission. Any vacancy in the 
Commission shall not affect its powers but shall be filled in the same 
manner in which the original appointment was made. 
(d) Eight members of the Commission shall constitute a quorum. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
939 
DUTIES 
SEC. 805. (a) It shall be the duty of the Commission to conduct a 
comprehensive legal and factual study of gambling in the United 
States and existing Federal, State, and local policy and practices with 
respect to legal prohibition and taxation of gambling activities and to 
formulate and propose such changes in those policies and practices as 
the Commission may deem appropriate. In such study and review the 
Commission shall— 
(1) review the effectiveness of existing practices in law enforce-
ment, judicial administration, and corrections in the United 
States and in foreign legal jurisdictions for the enforcement of 
the prohibition and taxation of gambling activities and consider 
possible alternatives to such practices; and 
(2) prepare a study of existing statutes of the United States 
that prohibit and tax gambling activities, and such a codification, 
revision, or repeal thereof as the Commission shall determine to 
be required to carry into effect such policy and practice changes 
as it may deem to be necessary or desirable. 
(b) The Commission shall make such interim reports as it deems 
advisable. It shall make a final report of its findings and recommenda-
tions to the President of the United States and to the Congress within 
the four-year period following the establishment of the Commission. 
(c) Sixty days after the submission of its final report, the Commis-
sion shall cease to exist. 
POWERS 
SEC. 806. (a) The Commission or any duly authorized subcommit-
tee or member thereof may, for the purpose of carrying out the pro-
visions of this title, hold such hearings, sit and act at such times and 
places, administer such oaths, and require by subpena or otherwise 
the attendance and testimony of such witnesses and the production of 
such books, records, correspondence, memorandums, papers, and doc-
uments as the Commission or such subcommittee or meml)er may 
deem advisable. Any member of the Commission may administer 
oaths or affirmations to witnesses appearing before the Commission 
or before such subcommittee or member. Subpenas may be issued 
under the signature of the C^hairman or any duly designated member 
of the Commission, and may be served by any person designated by 
the Chairman or such member. 
(b) In the case of contumacy or refusal to obey a subpena issued 
under subsection (a) by any person who resides, is found, or trans-
acts business within the jurisdiction of any district court of the 
United States, the district court, at the request of the Chairman 
of the Commission, shall have jurisdiction to issue to such person an 
order requiring such person to appear before the Commission or a 
subcommittee or member thereof, there to produce evidence if so 
ordered, or there to give testimony touching the matter under inquiry. 
Any failure of any such person to obey any such order of the court 
may be punished by the court as a contempt thereof. 
(c) The Commission shall be "an agency of the United States" under 
subsection (1), section 6001, title 18, United States Code, for the 
purpose of granting immunity to witnesses. 
(d) 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, on a reimbursable basis or otherwise, such statistical 
Gambling, study 
and review. 
Law enforce-
ment. 
Legislation. 
Reports to 
President and 
Congress. 
Termination, 
Hearings, 
subpena powers. 
Court order 
requiring attend-
ance. 
Ante, p. 926. 
Federal and 
State information 
services. 
940 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
data, reports, and other information as the Commission deems neces-
sary to carry out its functions under this title. The Chairman is 
further authorized to call upon the departments, agencies, and other 
offices of the several States to furnish, on a reimbursable basis or 
otherwise, such statistical data, reports, and other information as the 
Commission deems necessary to carry out its functions under this title. 
COMPENSATION AND EXEMPTION OF MEMBERS 
SEC. 807. (a) A member of the Commission who is a Member of 
Congress or a member of the Federal judiciary shall serve without 
additional compensation, but shall be reimbursed for travel, sub-
sistence, and other necessary expenses incurred in the performance of 
duties vested in the Commission. 
(b) A member of the Commission who is not a member of Con-
gress or a member of the Federal judiciary 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. 
80 Stat. 
467. 
443, 
5 u s e 5101, 
5331. 
Ante, p, 
80 Stat. 
, 198-
416. 
•1 
Appropriation. 
82 Stat. 216. 
State laws, 
priority. 
STAFF 
SEC. 808. (a) Subject to such rules and regulations as may be 
adopted by the Commission, the Chairman shall have the power to— 
(1) appoint and fix the compensation of an Executive Direc-
tor, and such additional staff personnel as he deems necessary, 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and without 
regard to the provisions of chapter 51 and subchapter I I I 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 
(2) 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. 
(b) In making appointments pursuant to this subsection, the Chair-
man shall include among his appointments individuals determined by 
the Chairman to be competent social scientists, lawyers, and law 
enforcement officers. 
EXPENSES 
SEC. 809. There are hereby authorized to be appropriated to the 
Commission such sums as may be necessary to carry this title into 
effect. 
PART E—GENERAL PROVISIONS 
SEC. 810. Paragraph (c), subsection (1), Section 2516, title 18, 
United States Code, is amended by adding "section 1511 (obstruction 
of State or local law enforcement)," after "section 1510 (obstruction 
of criminal investigations)," and by adding "section 1955 (prohibition 
of business enterprises of gambling)," after "section 1954 (offer, 
acceptance, or solicitation to influence operations of employee benefit 
plan),". 
SEC. 811. No provision of this title indicates an intent on the part 
of the Congress to occupy the field in which such provision operates 
to the exclusion of the law of a State or possession, or a political sub-
division of a State or possession, on the same subject matter, or to 
relieve any person of any obligation imposed by any law of any State 
or possession, or political subdivision of a State or possession. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
941 
^ T L E 
IX—RACKETEER INFLUENCED AND CORRUPT 
ORGANIZATIONS 
SEC. 901. (a) Title 18, United States Code, is amended by adding 
immediately after chapter 95 thereof the following new chapter: 
^^ stat. 683. 
"Chapter 96.—RACKETEER INFLUENCED AND 
CORRUPT ORGANIZATIONS 
"Sec. 
"1961. Definitions. 
"1962. Prohibited racketeering activities. 
"1963. Criminal penalties. 
"1964. Civil remedies. 
"1965. Venue and process. 
"1966. Expedition of actions. 
"1967. Evidence. 
"1968. Civil investigative demand. 
"§ 1961. Definitions 
"As used in this chapter— 
" (1) 'racketeering activity' means (A) any act or threat involv-
ing murder, kidnaping, gambling, arson, robbery, bribery, extor-
tion, or dealing in narcotic or other dangerous drugs, which is 
chargeable under State law and punishable by imprisonment for 
more than one year; (B) any act which is indictable unxier any of 
the following provisions of title 18, United States Code: Section 
201 (relating to bribery), section 224 (relating to sports bribery), 
^e stat. 1119. 
sections 471, 472, and 473, relating to counterfeiting), section 659 
H |tat! 705." 
(relating to theft from interstate shipment) if the act indictable 
so stat. 904. 
under section 659 is felonious, section 664 (relating to embezzle- 
'^^ s*^'- ^^^ 
ment from pension and welfare funds), sections 891-894 (relating 
^^ ^*^*- ^^°-
to extortionate credit transactions) j section 1084 (relating to the 
^^ ^*^*- '^^^^ 
transmission of gambling information), section 1341 (relating to 
^2 stat. 753. 
mail fraud), section 1343 (relating to wire fraud), section 1503 VI |*^*- 523. 
(relating to obstruction of justice), section 1510 (relating to 
si stat! 352! 
obstruction of criminal investigations), section 1511 (relating to 
^f^te, p. 936, 
the obstruction of State or local law enforcement), section 1951 62 stat. 793. 
(relating to interference with commerce, robbery, or extortion), 
section 1952 (relating to racketeering), section 1953 (relating to ^ ^ ^*^'- '^^^• 
interstate transportation of wagering paraphernalia), section 
1954 (relating to unlawful welfare fund payments), section 1955 
^nfj®*" I37 
(relating to the prohibition of illegal gambling businesses), sec- 
" ^' P-
tions 2314 and 2315 (relating to interstate transportation of stolen 
^2 stat. soe. 
property), sections 2421-24 (relating to white slave traffic), (C) 
any act which is indictable under title 29, United States Code, 
section 186 (dealing with restrictions on pavments and loans to 
^^ s*^*- ^57; 
labor organizations) or section 501(c) (relating to embezzlement 
from union funds), or (D) any offense involving bankruptcy 
fraud, fraud in the sale of securities, or the felonious manufacture, 
importation, receiving, concealment, buying, selling, or otherwise 
dealing in narcotic or other dangerous drugs, punishable under 
any law of the United States; 
" (2) 'State' means any State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, any political subdivision, or any 
department, agency, or instrumentality thereof; 
"(3) 'person' includes any individual or entity capable of hold-
ing a legal or beneficial interest in property; 
"(4) 'enterprise' includes any individual, partnership, corpora-
tion, association, or other legal entity, and any union or group of 
individuals associated in fact although not a legal entity; 
73 Stat. 537, 535. 
942 
PUBLIC LAW 91-452-OCT. 15,1970 
[84 STAT. 
"(5) 'pattern of racketeering activity' requires at least two acta 
of racketeering activity, one of which occurred after the effective 
date of this chapter and the last of which occurred within ten years 
(excluding any period of imprisonment) after the commission 
of a prior act of racketeering activity; 
" (6) 'unlawful debt' means a debt (A) incurred or contracted in 
gambling activity which was in violation of the law of the United 
States, a State or political subdivision thereof, or which is 
unenforceable under State or Federal law in whole or in part as 
to principal or interest because of the laws relating to usury, and 
(B) which was incurred in connection with the business of gam-
bling in violation of the law of the United States, a State or politi-
cal subdivision thereof, or the business of lending money or a 
thing of value at a rate usurious under State or Federal law, where 
the usurious rate is at least twice the enforceable rate; 
"(7) 'racketeering investigator' means any attorney or investi-
gator so designated by the Attorney General and charged with the 
duty of enforcing or carrying into effect this chapter; 
"(8) 'racketeering investigation' means any inquiry conducted 
by any racketeering investigator for the purpose of ascertaining 
whether any person has been involved in any violation of this 
chapter or of any final order, judgment, or decree of any court of 
the United States, duly entered in any case or proceeding arising 
under this chapter; 
"(9) 'documentary material' includes any book, paper, docu-
ment, record, recording, or other material; and 
"(10) 'Attorney General' includes the Attorney General of the 
United States, the Deputy Attorney General of the United States, 
any Assistant Attorney General of the United States, or any 
employee of the Department of Justice or any employee of any 
department or agency of the United States so designated by the 
Attorney General to carry out the powers conferred on the 
Attorney General by this chapter. Any department or agency so 
designated may use in investigations authorized by this chapter 
either the investigative provisions of this chapter or the investiga-
tive power of such department or agency otherwise conferred 
by law. 
"§ 1962. Prohibited activities 
"(a) It shall be unlawful for any person who has received any 
income derived, directly or indirectly, from a pattern of racketeering 
activity or through collection of an unlawful debt in which such person 
has participated as a principal within the meaning of section 2, title 18, 
65 Stat. 717. 
United States Code, to use or invest, directly or indirectly, any part 
of such income, or the proceeds of such income, in acquisition of any 
interest in, or the establishment or operation of, any enterprise which 
is engaged in, or the activities of which affect, interstate or foreign 
commerce. A purchase of securities on the open market for purposes of 
investment, and without the intention of controlling or participating 
in the control of the issuer, or of assisting another to do so, shall not 
be unlawful under this subsection if the securities of the issuer held 
by the purchaser, the members of his immediate family, and his or 
their accomplices in any pattern or racketeering activity or the collec-
tion of an unlawful debt after such purchase do not amount in the 
aggregate to one percent of the outstanding securities of any one class, 
and do not confer, either in law or in fact, the power to elect one or 
more directors of the issuer. 
"(b) It shall be unlawful for any person through a pattern of 
racketeering activity or through collection of an unlawful debt to 
acquire or maintain, directly or indirectly, any interest in or control 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
943 
of any enterprise which is engaged in, or the activities of which affect, 
interstate or foreign commerce. 
"(c) It shall be unlawful for any person employed by or associated 
with any enterprise engaged in, or the activities of which affect, inter-
state or foreign commerce, to conduct or participate, directly or indi-
rectly, in the conduct of such enterprise's affairs through a pattern 
of racketeering activity or collection of unlawful debt. 
"(d) It shall be unlawful for any person to conspire to violate any 
of tne provisions of subsections (a), (b), or (c) of this section. 
"§ 1963. Criminal penalties 
"(a) Whoever violates any provision of section 1962 of this chapter 
shall be fined not more than $25,000 or imprisoned not more than, 
twenty years, or both, and shall forfeit to the United States (1) any 
interest he has acquired or maintained in violation of section 1962, 
and (2) any interest in, security of, claim against, or property or con-
tractual right of any kind affording a source of influence over, any 
enterprise which he has established, operated, controlled, conducted, 
or participated in the conduct of, in violation of section 1962. 
"(b) In any action brought by the United Sta,tes under this section, . court restrain-
T • 
• 
* 
^^ 
itiGT orQcrs 
the district courts of the United States shall have jurisdiction to enter 
such restraining orders or prohibitions, or to take such other actions, 
including, but not limited to, the acceptance of satisfactory perform-
ance bonds, in connection with any property or other interest subject 
to forfeiture under this section, as it shall deem proper. 
" (c) Upon conviction of a person under this section, the court shall „ P''°perty, 
j-1 
•
!
* 
/^ 
1 
•
I
t 
1 
• 
seizure and dis-
authorize the Attorney Ueneral to seize all property or other interest position. 
declared forfeited under this section upon such terms and conditions 
as the court shall deem proper. If a property right or other interest 
is not exercisable or transferable for value by the United States, it 
shall expire, and shall not revert to the convicted person. All provi-
sions of law relating to the disposition of property, or the proceeds 
from the sale thereof, or the remission or mitigation of forfeitures 
for violation of the customs laws, and the compromise of claims and 
the award of compensation to informers in respect of such forfeitures 
shall apply to forfeitures incurred, or alleged to have been incurred, 
under the provisions of this section, insofar as applicable and not 
inconsistent with the provisions hereof. Such duties as are imposed 
upon the collector of customs or any other person with respect to the 
disposition of property under the customs laws shall be performed 
under this chapter by the Attorney General. The United States shall 
dispose of all such property as soon as commercially feasible, making 
due provision for the rights of innocent persons. 
"§ 1964. Civil remedies 
"(a) The district courts of the United States shall have jurisdic- 
Jurisdiction. 
tion to prevent and restrain violations of section 1962 of this chapter 
by issuing appropriate orders, including, but not limited to: ordering 
any person to divest himself of any interest, direct or indirect, in any 
enterprise; imposing reasonable restrictions on the future activities 
or investments of any person, including, but not limited to, prohibit-
ing any person from engaging in the same type of endeavor as the 
enterprise engaged in, the activities of which affect interstate or for-
eign commerce; or ordering dissolution or reorganization of any 
enterprise, making due provision for the rights of innocent persons. 
"(b) The Attorney General may institute proceedings under this 
section. In any action brought by the United States under this section, 
the court shall proceed as soon as practicable to the hearing and 
determination thereof. Pending final determination thereof, the court 
may at any time enter such restraining orders or prohibitions, or take 
944 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
such other actions, mcluding the acceptance of satisfactory perform-
ance bonds, as it shall deem proper. 
"(c) Any person injured in his business or property by reason of 
a violation of section 1962 of this chapter may sue therefor in any 
appropriate United States district court and shall recover threefold 
the damages he sustains and the cost of the suit, including a reason-
able attorney's fee. 
"(d) A final judgment or decree rendered in favor of the United 
States in any criminal proceeding brought by the United States 
under this chapter shall estop the defendant from denying the essen-
tial allegations of the criminal offense in any subsequent civil pro-
ceeding brought by the United States. 
"§ 1965. Venue and process 
"(a) Any civil action or proceeding under this chapter against any 
person may be instituted in the district court of the United States 
for any district in which such person resides, is found, has an agent, 
or transacts his affairs. 
"(b) In any action under section 1964 of this chapter in any dis-
trict court of the United States in which it is shown that the ends of 
justice require that other parties residing in any other district be 
brought before the court, the court may cause such parties to be 
summoned, and process for that purpose may be served in any judicial 
district of the United States by the marshal thereof. 
"(c) In any civil or criminal action or proceeding instituted by 
the United States under this chapter in the district court of the 
United States for any judicial district, subpenas issued by such court 
to compel the attendance of witnesses may bs served in any other judi-
cial district, except that in any civil action or proceeding no such sub-
pena shall be issued for service upon any individual who resides in 
another district at a place more than one hundred miles from the place 
at which such court is held without approval given by a judge of 
such court upon a showing of good cause. 
"(d) All other process in any action or proceeding under this 
chapter may be served on any person in any judicial district in which 
such person resides, is found, has an agent, or transacts his affairs. 
''§ 1966. Expedition of actions 
"In any civil action instituted under this chapter by the United 
States in any district court of the United States, the Attorney General 
may file with the clerk of such court a certificate stating that in his 
opinion the case is of general public importance. A copy of that cer-
tificate shall be furnished immediately by such clerk to the chief judge 
or in his absence to the presiding district judge of the district in which 
such action is pending. Upon receipt of such copy, such judge shall 
designate immediately a judge of that district to hear and determine 
action. The judge so designated shall assign such action for hearing 
as soon as practicable, participate in the hearings and determination 
thereof, and cause such action to be expedited in every way. 
"§1967. Evidence 
"In any proceeding ancillary to or in any civil action instituted by 
the United States under this chapter the proceedings may be open 
or closed to the public at the discretion of the court after consideration 
of the rights of affected persons. 
"§ 1968. Civil investigative demand 
" (a) Whenever the Attorney General has reason to believe that any 
person or enterprise may be in possession, custody, or control of any 
documentary materials relevant to a racketeering investigation, he 
may, prior to the institution of a civil or criminal proceeding thereon, 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
945 
issue in writing, and cause to be served upon such person, a civil 
investigative demand requiring such person to produce such material 
for examination. 
"(b) Each such demand shall— 
"(1) state the nature of the conduct constituting the alleged 
racketeering violation which is under investigation and the provi-
sion of law applicable thereto; 
"(2) describe the class or classes of documentary material pro-
duced thereunder with such definiteness and certainty as to permit 
such material to be fairly identified; 
" (3) state that the demand is returnable forthwith or prescribe 
a return date which will provide a reasonable period of time 
within which the material so demanded may be assembled and 
made available for inspection and copying or reproduction; and 
"(4) identify the custodian to whom such material shall be 
made available. 
" (c) No such demand shall— 
" (1) contain any requirement which would be held to be unrea-
sonable if contained in a subpena duces tecum issued by a court of 
the United States in aid of a grand jury investigation of such 
alleged racketeering violation; or 
"(2) require the production of any documentary evidence 
which would be privileged from disclosure if demanded by a sub-
pena duces tecum issued by a court of the United States in aid of a 
grand jury investigation of such alleged racketeering violation. 
"(d) Service of any such demand or any petition filed under this 
section may be made upon a person by— 
"(1) delivering a duly executed copy thereof to any partner, 
executive officer, managing agent, or general agent thereof, or 
to any agent thereof authorized by appointment or by law to 
receive service of process on behalf of such person, or upon any 
individual person; 
"(2) delivering a duly executed copy thereof to the principal 
office or place of business of the person to be served; or 
"(3) depositing such copy in the United States mail, by reg-
istered or certified mail duly addressed to such person at its prin-
cipal office or place of business. 
"(e) A verified return by the individual serving any such demand 
or petition setting forth the manner of such service shall be prima 
facie proof of such service. In the case of service by registered or 
certified mail, such return shall be accompanied by the return post 
office receipt of delivery of such demand. 
"(f)(1) The Attorney General shall designate a racketeering 
investigator to serve as racketeer document custodian, and such addi-
tional racketeering investigators as he shall determine from time to 
time to be necessary to serve as deputies to such officer. 
"(2) Any person upon whom any demand issued under this section 
has been duly served shall make such material available for inspec-
tion and copying or reproduction to the custodian designated therein 
at the principal place of business of such person, or at such other 
place as such custodian and such person thereafter may agree and 
prescribe in writing or as the court may direct, pursuant to this sec-
tion on the return date specified in such demand, or on such later date 
as such custodian may prescribe in writing. Such person may upon 
written agreement between such person and the custodian substitute 
for copies of all or any part of such material originals thereof. 
"(3) The custodian to whom any documentary material is so deliv-
ered shall take physical possession thereof, and shall be responsi-
ble for the use made thereof and for the return thereof pursuant to 
946 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
this chapter. The custodian may cause the preparation of such copies 
of such documentary material as may be required for official use under 
regulations which shall be promulgated by the Attorney General. 
While in the possession of the custodian, no material so produced shall 
be available for examination, without the consent of the person who 
produced such material, by any individual other than the Attorney 
General. Under such reasonable terms and conditions as the Attorney 
General shall prescribe, documentary material while in the possession 
of the custodian shall be available for examination by the person who 
produced such material or any duly authorized representatives of such 
person. 
" (4) Whenever any attorney has been designated to appear on behalf 
of the United States before any court or grand jury in any case 
or proceeding involving any alleged violation of this chapt^er, the 
custodian may deliver to such attorney such documentary material in 
the possession of the custodian as such attorney determines to be 
required for use in the presentation of such case or proceeding on behalf 
of the United States. Upon the conclusion of any such case or proceed-
ing, such attorney shall return to the custodian any documentary mate-
rial so withdrawn which has not passed into the control of such 
court or grand jury through the introduction thereof into the record 
of such case or proceeding. 
"(5) Upon the completion of— 
" (i) the racketeering investigation for which any documentary 
material was produced under this chapter, and 
"(ii) any case or proceeding arising from such investigation, 
the custodian shall return to the person who produced such material 
all such material other than copies thereof made by the Attorney 
General pursuant to this subsection which has not passed into the 
control of any court or grand jury through the introduction thereof 
into the record of such case or proceeding. 
"(6) When any documentary material has been produced by any 
person under this section for use in any racketeering investigation, 
and no such case or proceeding arising therefrom has been instituted 
within a reasonable time after completion of the examination and 
analysis of all evidence assembled in the course of such investiga-
tion, such person shall be entitled, upon written demand made upon 
the Attorney General, to the return of all documentary material other 
than copies thereof made pursuant to this subsection so produced by 
such person. 
" (7) In the event of the death, disability, or separation from serv-
ice of the custodian of any documentary material produced under 
any demand issued under this section or the official relief of such 
custodian from responsibility for the custody and control of such 
material, the Attorney General shall promptly— 
"(i) designate another racketeering investigator to serve as 
custodian thereof, and 
"(ii) transmit notice in writing to the person who produced 
such material as to the identity and address of the successor so 
designated. 
Any successor so designated shall have with regard to such materials 
all duties and responsibilities imposed by this section upon his pred-
ecessor in office with regard thereto, except that he shall not be held 
responsible for any default or dereliction which occurred before his 
designation as custodian. 
"(g) Whenever any person fails to comply with any civil investi-
gative demand duly served upon him under this section or whenever 
satisfactory copying or reproduction of any such material cannot be 
done and such person refuses to surrender such material, the Attorney 
General may file, in the district court of the United States for any 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
947 
judicial district in which such person resides, is found, or transacts 
business, and serve upon such person a petition for an order of such 
* 
court for the enforcement of this section, except that if such person 
transacts business in more than one such district such petition shall be 
filed in the district in which such person maintains his principal place 
of business, or in such other district in which such person transacts 
business as may be agreed upon by the parties to such petition. 
"(h) Within tw^enty days after the service of any such demand upon 
any person, or at any time before the return date specified in the 
demand, whichever period is shorter, such person may file, in the dis-
trict court of the United States for the judicial district within which 
such person resides, is found, or transacts business, and serve upon such 
custodian a petition for an order of such cour't modifying or setting 
aside such demand. The time allowed for compliance with the demand 
in Avhole or in part as deemed proper and ordered by the court shall not 
run during the pendency of such petition in the court. Such petition 
shall specify each ground upon which the petitioner relies in seeking 
such relief, and may be based upon any failure of such demand to com-
ply with the provisions of this section or upon any constitutional or 
other legal right or privilege of such person. 
"(i) At any time during which any custodian is in custody or con-
trol of any documentary material delivered by any person in com-
pliance with any such demand, such person may file, in the district 
court of the L^nited States for the judicial district within which the 
office of such custodian is situated, and serve upon such custodian a 
petition for an order of such court requiring the performance by 
such custodian of any duty imposed upon him by this section. 
"(j) Whenever any petition is filed in any district court of the 
United States under this section, such court shall have jurisdiction to 
hear and determine the matter so presented, and to enter such order 
or orders as may be required to carry into effect the provisions of 
this section." 
(b) The table of contents of part I, title 18, United States Code, 
is amended by adding immediately after 
"95. Racketeering 
1951" 
the following new item: 
"96. Racketeer Inflvienced and Corrupt Organizations 
1961" 
SEC. 902. (a) Paragraph (c), subsection (1), section 2516, title 18, 
United States Code, is amended by inserting at the end thereof between 
82 stat. 216. 
the parenthesis and the semicolon ", section 1963 (violations with 
respect to racketeer influenced and corrupt organizations)". 
(b) Subsection (3), section 2517, title 18, United States Code, is 
amended by striking "criminal proceedings in any court of the United 
States or of any State or in any Federal or State grand jury pro-
ceeding" and inserting in lieu thereof "proceeding held under the 
authority of the United States or of any State or political subdivision 
thereof". 
SEC. 903. The third paragraph, section 1505, title 18, United States 
Code, is amended by inserting "or section 1968 of this title" after 
76 stat. 551. 
"Act" and before "willfully". 
SEC. 904. (a) The provisions of this title shall be liberally construed 
to effectuate its remedial purposes. 
(b) Nothing in this title shall supersede any provision of Federal, 
Federal and 
State, or other law imposing criminal penalties or affording civil rem- prrority."^^' 
edies in addition to those provided for in this title. 
(c) Nothing contained in this title shall impair the authority of any 
attorney representing the United States to— 
(1) lay before any grand jury impaneled by any district court of 
948 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
the United States any evidence concerning any alleged racketeer-
ing violation of law; 
(2) invoke the power of any such court to compel the production 
of any evidence before any such grand jury; or 
(3) institute any proceeding to enforce any order or process 
issued in execution of such power or to punish disobedience of any 
such order or process by any person. 
TITLE X—DANGEROUS SPECIAL OFFENDER 
SENTENCING 
62 Stat. 837. 
SEC. 1001. (a) Chapter 227, title 18, United States Code, is amended 
3574.^^^ ^^^^' 
^y adding at the end thereof the following new sections: 
*'§ 3575. Increased sentence for dangerous special offenders 
"(a) Whenever an attorney charged with the prosecution of a 
defendant in a court of the United States for an alleged felony com-
mitted when the defendant was over the age of twenty-one years has 
reason to believe that the defendant is a dangerous special offender 
such attorney, a reasonable time before trial or acceptance by the court 
of a plea of guilty or nolo contendere, may sign and file with the court, 
and may amend, a notice (1) specifying that the defendant is a dan-
gerous special offender who upon conviction for such felony is subject 
to the imposition of a sentence under subsection (b) of this section, 
and (2) setting out with particularity the reasons why such attorney 
believes the defendant to be a dangerous special offender. In no case 
shall the fact that the defendant is alleged to be a dangerous special 
offender be an issue upon the trial of such felony, be disclosed to the 
jury, or be disclosed before any plea of guiltj^ or nolo contendere or 
verdict or finding of guilty to the presiding judge without the con-
sent of the parties. If the court finds that the filing of the notice as 
a public record may prejudice fair consideration of a pending criminal 
matter, it may order the notice sealed and the notice shall not be 
subject to subpena or public inspection during the pendency of such 
criminal matter, except on order of the court, but shall be subject to 
inspection by the defendant alleged to be a dangerous special offender 
and his counsel. 
" (b) Upon any plea of guilty or nolo contendere or verdict or find-
ing of guilty of the defendant of such felony, a hearing shall be held, 
before sentence is imposed, by the court sitting without a jury. The 
court shall fix a time for the hearing, and notice thereof shall be given 
to the defendant and the United States at least ten days prior thereto. 
The court shall permit the United States and counsel for the defend-
ant, or the defendant if he is not represented by counsel, to inspect 
the presentence report sufficiently prior to the hearing as to afford a 
reasonable opportunity for verification. In extraordinary cases, the 
court may withhold material not relevant to a proper sentence, 
diagnostic opinion which might seriously disrupt a program of reha-
bilitation, any source of information obtained on a promise of con-
fidentiality, and material previously disclosed in open court. A court 
withholding all or part of a presentence report shall inform the 
parties of its action and place in the record the reasons therefor. The 
court may require parties inspecting all or part of a presentence 
report to give notice of any part thereof intended to be controverted. 
In connection with the hearing, the defendant and the United States 
shall be entitled to assistance of counsel, compulsory process, and 
cross-examination of such witnesses as appear at the hearing. A duly 
authenticated copy of a former judgment or commitment shall hie 
prima facie evidence of such former judgment or commitment. If it 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
949 
appears by a preponderance of the information, including informa-
tion submitted during the trial of such felony and the sentencing 
hearing and so much of the presentence report as the court relies 
upon, that the defendant is a dangerous special offender, the court 
shall sentence the defendant to imprisonment for an appropriate 
term not to exceed twenty-five years and not disproportionate in 
severity to the maximum term otherwise authorized by law for such 
felony. Otherwise it shall sentence the defendant in accordance with 
the law prescribing penalties for such felony. The court shall place 
in the record its findings, including an identification of the informa-
tion relied upon in making such findings, and its reasons for the 
sentence imposed. 
" (c) This section shall not prevent the imposition and execution of a 
sentence of death or of imprisonment for life or for a term exceeding 
twenty-five years upon any person convicted of an offense so 
punishable. 
"(d) Notwithstanding any other provision of this section, the court 
shall not sentence a dangerous special offender to less than any manda-
tory minimum penalty prescribed by law for such felony. This section 
shall not be construed as creating any mandatory minimum penalty. 
" (e) A defendant is a special offender for purposes of this section 
if— 
"(1) the defendant has previously been convicted in courts of 
the United States, a State, the District of Columbia, the Common-
wealth of Puerto Kico, a territory or possession of the United 
States, any political subdivision, or any department, agency, or 
instrumentality thereof for two or more offenses committed on 
occasions different from one another and from such felony and 
punishable in such courts by death or imprisonment in excess of 
one year, for one or more of such convictions the defendant has 
been imprisoned prior to the commission of such felony, and less 
than five years have elapsed between the commission of such fel-
ony and either the defendant's release, on parole or otherwise, 
from imprisonment for one such conviction or his commission of 
the last such previous offense or another offense punishable by 
death or imprisonment in excess of one year under applicable laws 
of the United States, a State, the District of Columbia, the Com-
monwealth of Puerto Rico, a territory or possession of the United 
States, any political subdivision, or any department, agency or 
instrumentality thereof; or 
"(2) the defendant committed such felony as part of a pattern 
of conduct which was criminal under applicable laws of any juris-
diction, which constituted a substantial source of his income, and 
in which he manifested special skill or expertise; or 
"(3) such felony w^as, or the defendant committed such felony 
in furtherance of, a conspiracy with three or more other persons 
to engage in a pattern of conduct criminal under applicable laws 
of any jurisdiction, and the defendant did, or agreed that he 
would, initiate, organize, plan, finance, direct, manage, or super-
vise all or part of such conspiracy or conduct, or give or receive 
a bribe or use force as all or part of such conduct. 
A conviction show n on direct or collateral review or at the hearing to 
be invalid or for which the defendant has been pardoned on the ground 
of innocence shall be disregarded for purposes of paragraph (1) of 
this subsection. In support of findings under paragraph (2) of this 
subsection, it may be shown that the defendant has had in his own name 
or under his control income or property not explained as derived from 
a source other than such conduct. For purposes of paragraph (2) of 
950 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
this subsection, a substantial source of income means a source of income 
which for any period of one year or more exceeds the minimum wage, 
determined on the basis of a forty-hour week and a fifty-week year, 
without reference to exceptions, under section 6(a)(1) of the Fair 
29 use 206. 
Labor Standards Act of 1938 (52 Stat. 1602, as amended 80 Stat. 838), 
and as hereafter amended, for an employee engaged in commerce or in 
the production of goods for commerce, and whicn for the same period 
exceeds fifty percent of the defendant's declared adjusted gross income 
under section 62 of the Internal Revenue Act of 1954 (68A Stat. 17, as 
26 use 62. 
amended 83 Stat. 655), and as hereafter amended. For purposes of 
paragraph (2) of this subsection, special skill or expertise in criminal 
conduct includes unusual knowledge, judgment or ability, including 
manual dexterity, facilitating the initiation, organizing, planning, 
financing, direction, management, supervision, execution or conceal-
ment of criminal conduct, the enlistment of accomplices in such con-
duct, the escape from detection or apprehension for such conduct, or 
the disposition of the fruits or proceeds of such conduct. For purposes 
of paragraphs (2) and (3) of this subsection, criminal conduct forms 
a pattern if it embraces criminal acts that have the same or similar 
purposes, results, participants, victims, or methods of commission, or 
otherwise are interrelated by distinguishing characteristics and are 
not isolated events. 
"(f) A defendant is dangerous for purposes of this section if a 
period of confinement longer than that provided for such felony is 
required for the protection of the public from further criminal conduct 
by the defendant. 
"(g) The time for taking an appeal from a conviction for which 
sentence is imj)osed after proceedings under this section shall be 
measured from imposition of the original sentence. 
"§ 3576. Review of sentence 
"With respect to the imposition, correction, or reduction of a sen-
tence after proceedings under section 3575 of this chapter, a review 
of the sentence on the record of the sentencing court may be taken 
by the defendant or the United States to a court of appeals. Any 
review of the sentence taken by the United States shall be taken at 
least five days before expiration of the time for taking a review of 
the sentence or appeal of the conviction by the defendant and shall 
be diligently prosecuted. The sentencing court may, with or without 
motion and notice, extend the time for taking a review of the sentence 
for a period not to exceed thirty days from the expiration of the time 
otherwise prescribed by law. The court shall not extend the time for 
taking a review of the sentence by the United States after the time 
lias expired. A court extending the time for taking a review of the 
sentence by the United States shall extend the time for taking a 
review of the sentence or appeal of the conviction by the defendant 
for the same period. The taking of a review of the sentence by the 
United States shall be deemed the taking of a review of the sentence 
and an appeal of the conviction by the defendant. Review of the 
sentence shall include review of whether the procedure employed was 
lawful, the findings made were clearly erroneous, or the sentencing 
court's discretion was abused. The court of appeals on review of the 
sentence may, after considering the record, including the entire pre-
sentence report, information submitted during the trial of such felony 
and the sentencing hearing, and the findings and reasons of the sen-
tencing court, affirm the sentence, impose or direct the imposition of 
any sentence which the sentencing court could originally have 
imposed, or remand for further sentencing proceedings and imposi-
tion of sentence, except that a sentence may be made more severe only 
184 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
951 
on review of the sentence taken by the United States anid after hear-
ing. Failure of the United States to take a review of the imposition of 
the sentence shall, upon review taken by the United States of the cor-
rection or reduction of the sentence, foreclose imposition of a sentence 
more severe than that previously imposed. Any withdrawal or dis-
missal of review of the sentence taken by the United States shall 
foreclose imposition of a sentence more severe than that reviewed but 
sliall not otherwise foreclose the review of the sentence or the appeal 
of the conviction. The court of appeals shall state in writing the 
reasons for its disposition of the review of the sentence. Any review 
of the sentence taken hj the United States may be dismissed on a 
showing of abuse of the right of the United States to take such review. 
"§ 3577. Use of information for sentencing 
"No limitation shall be placed on the information concerning the 
background, character, and conduct of a person convicted of an offense 
which a court of the United States may receive and consider for the 
purpose of imposing an appropriate sentence. 
"§ 3578. Conviction records 
"(a) The Attorney General of the United States is authorized to 
establish in the Department of Justice a repository for records of con-
victions and determinations of the validity of such convictions. 
"(b) Upon the conviction thereafter of a defendant in a court of 
the United States, the District of Columbia, the Commonwealth of 
Puerto Rico, a territory or possession of the United States, any 
political subdivision, or any department, agency, or instrumentality 
thereof for an offense punisnable in such court by death or imprison-
ment in excess of one year, or a judicial determination of the validity 
of such conviction on collateral review, the court shall cause a certi-
fied record of the conviction or determination to be made to the reposi-
tory in such form and containing such information as the Attorney 
General of the United States shall by regulation prescribe. 
"(c) Records maintained in the repository shall not be public 
records. Certified copies thereof— 
" (1) may be furnished for law enforcement purposes on request 
of a court or law enforcement or corrections officer of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, a territory or possession of the United States, any political 
subdivision, or any department, agency, or instrumentality 
thereof; 
"(2) may be furnished for law enforcement purposes on 
request of a court or law enforcement or corrections officer of a 
State, any political subdivision, or any department, agency, or 
instrumentality thereof, if a statute of such State requires that, 
upon the conviction of a defendant in a court of the State or any 
political subdivision thereof for an offense punishable in such 
court by death or imprisonment in excess of one year, or a judicial 
determination of the validity of such conviction on collateral 
review, the court cause a certified record of the conviction or 
determination to be made to the repository in such form and con-
taining such information as the Attorney General of the United 
States shall by regulation prescribe; and 
"(3) shall be j>rima facie evidence in any court of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, a territory or possession of the United States, any politi-
cal subdivision, or any department, agency, or instrumentality 
thereof, that the convictions occurred and whether they have been 
judicially determined to be invalid on collateral review. 
47-348 O - 72 - 64 (Pt. 1) 
952 
PUBLIC LAW 91-452-OCT. 15, 1970 
[34 STAT. 
Hearing notice. 
" ((J) The Attomey General of the United States shall ^ive reason-
able public notice, and afford to interested parties opportunity for hear-
ing, prior to prescribing regulations under this section." 
(b) The analysis of chapter 227, title 18, United States Code, is 
amended by adding at the end thereof the following new items: 
"3575. Increased sentence for dangerous si)ecial ofiEenders, 
"3576. Review of sentence. 
"3577. Use of information for sentencing. 
"3578. Conviction records." 
80 Stat. 215. 
SEC. 1002. Section 3148, chapter 207, title 18, United States Code, 
is amended by adding "or sentence review under section 3576 of this 
title" immediately after "sentence". 
TITLE XI—REGULATION OF EXPLOSIVES 
PURPOSE 
SEC. 1101. The Congress hereby declares that the purpose of this 
title is to protect interstate and foreign commerce against interfer-
ence and interruption by reducing the hazard to persons and property 
arising from misuse and unsafe or insecure storage of explosive 
materials. It is not the purpose of this title to place an^ undue or 
unnecessary Federal restrictions or burdens on law-abidmg citizens 
with respect to the accjuisition, possession, storage, or use of explosive 
materials for industrial, mining, agricultural, or other lawful pur-
poses, or to provide for the imposition by Federal regulations of any 
procedures or requirements other than those reasonably necessary to 
implement and effectuate the provisions of this title. 
SEC. 1102. Title 18, United States Code, is amended by adding after 
r/^tat^s/'sos 
chapter 39 the following chapter: 
"Chapter 40.—IMPORTATION, MANUFACTURE, DISTRIBU-
TION AND STORAGE OF EXPLOSIVE MATERIALS 
"Sec. 
"841. Definitions. 
"842. Unlawful acts. 
"843. Licensing and user permits. 
"844. Penalties. 
"845. Exceptions; relief from disabilities. 
"846. Additional powers of the Secretary. 
"847. Rules and regulations. 
"848. Effect on State law. 
"§ 841. Definitions 
"As used in this chapter— 
" (a) 'Person' means any individual, corporation, company, asso-
ciation, firm, partnership, society, or joint stock company. 
" (b) 'Interstate or foreign commerce' means commerce between 
any place in a State and any place outside of that State, or within 
any possession of the United States (not including the Canal 
Zone) or the District of Columbia, and commerce between places 
within the same State but through any place outside of that State. 
'State' includes the District of Columbia, the Commonwealth of 
Puerto Rico, and the possessions of the United States (not includ-
ing the Canal Zone). 
"(c) 'Explosive materials' means explosives, blasting agents, 
and detonators. 
"(d) Except for the purposes of subsections (d), (e), (f), (g), 
(h), (i), and (j) of section 844 of this title, 'explosives' means any 
chemical compound mixture, or device, the primary or common 
purpose of which is to function by explosion; the term includes, 
18 use 831. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
953 
but is not limited to, dynamite and other liigh explosives, black 
powder, pellet powder, initiating explosives, detonators, safety 
fuses, squibs, detonating cord, igniter cord, and igniters. The Sec- 
Publication in 
retary shall publish and revise at least annually in the Federal F^'*^'"^^ Register. 
Register a list of these and any additional explosives which he 
determines to be within the coverage of this chapter. For the 
purposes of subsections (d), (e)^ (f), (g), (h),and (i) of section 
844 of this title, the term 'explosive' is defined in subsection (j) of 
such section 844. 
"(e) 'Blasting agent' means any material or mixture, consisting 
of fuel and oxidizer, intended for blasting, not otherwise defined 
as an explosive: Provided^ That the finished product, as mixed for 
use or shipment, cannot be detonated by means of a numbered 8 test 
blasting cap when unconfined. 
"(f) 'Detonator' means any device containing a detonating 
charge that is used for initiating detonation in an explosive; the 
term includes, but is not limited to, electric blasting caps of 
instantaneous and delay types, blasting caps for use with safety 
fuses and detonating-cord delay connectors. 
"(g) 'Importer' means any person engaged in the business of 
importing or bringing explosive materials into the United States 
for purposes of sale or distribution. 
"(h) 'Manufacturer' means any person engaged in the business 
of manufacturing explosive materials for purposes of sale or dis-
tribution or for his own use. 
"(i) 'Dealer' means any person engaged in the business of dis-
tributing explosive materials at wholesale or retail. 
"(j) 'Permittee' means any user of explosives for a lawful 
purpose, who has obtained a user permit under the provisions 
of this chapter. 
"(k) 'Secretary' means the Secretary of the Treasury or his 
delegate. 
"(1) 'Crime punishable by imprisonment for a term exceeding 
one year' shall not mean (1) any Federal or State offenses per-
taining to antitrust violations, unfair trade practices, restraints 
of trade, or other similar offenses relating to the regulation of 
business practices as the Secretary may by regulation designate, 
or (2) any State offense (other than one involving a firearm or 
explosive) classified by the laws of the State as a misdemeanor 
and punishable by a term of imprisonment of two years or less. 
"(m) 'Licensee' means any importer, manufacturer, or dealer 
licensed under the provisions of this chapter. 
"(n) 'Distribute' means sell, issue, give, transfer, or otherwise 
dispose of. 
"§ 842. Unlawful acts 
" (a) It shall be unlawful for any person— 
"(1) to engage in the business of importing, manufacturing, 
or dealing in explosive materials without a license issued under 
this chapter; 
"(2) knowingly to withhold information or to make any false 
or fictitious oral or written statement or to furnish or exhibit 
any false, fictitious, or misrepresented identification, intended or 
likely to deceive for the purpose of obtaining explosive mate-
rials, or a license, permit, exemption, or relief from disability 
under the provisions of this chapter; and 
"(3) other than a licensee or permittee knowingly— 
"(A) to transport, ship, cause to be transported, or re-
ceive in interstate or foreign commerce any explosive mate-
rials, except that a person who lawfully purchases explosive 
954 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
materials from a licensee in a State contiguous to the State 
in which the purchaser resides may ship, transport, or cause 
to be transported such explosive materials to the State in 
which he resides and may receive such explosive materials 
in the State in which he resides, if such transportation, ship-
ment, or receipt is permitted by the law of the State in which 
he resides; or 
"(B) to distribute explosive materials to any person (other 
than a licensee or permittee) who the distributor knows or 
has reasonable cause to believe does not reside in the State 
in which the distributor resides. 
"(b) It shall be unlawful for any licensee knowingly to distribute 
any explosive materials to any person except— 
"(1) a licensee; 
"(2) a permittee; or 
"(3) a resident of the State where distribution is made and 
in which the licensee is licensed to do business or a State con-
tiguous thereto if permitted by the law of the State of the 
purchaser's residence. 
"(c) It shall be unlawful for any licensee to distribute explosive 
materials to any person who the licensee has reason to believe intends 
to transport such explosive materials into a State where the purchase, 
possession, or use of explosive materials is prohibited or which does 
not permit its residents to transport or ship explosive materials into 
it or to receive explosive materials in it. 
"(d) It shall be unlawful for any licensee knowingly to distribute 
explosive materials to any individual who: 
"(1) is under twenty-one years of age; 
"(2) has been convicted in any court of a crime punishable by 
imprisonment for a term exceeding one year; 
"(3) is under indictment for a crime punishable by imprison-
ment for a term exceeding one year; 
" (4) is a fugitive from justice; 
"(5) is an unlawful user of marihuana (as defined in section 
4761 of the Internal Revenue Code of 1954) or any depressant or 
stimulant drug (as defined in section 201 (v) of the Federal Food, 
79 Stat. 227; 
Drug, and Cosmetic Act) or narcotic drug (as defined in section 
^\Tuscf2u 
4721 (a) of the Internal Revenue Code of 1954) ; or 
74 Stat. 57. 
"(6) has been adjudicated a mental defective. 
26 use 4731. 
«^g^ j ^ shall be unlawful for any licensee knowingly to distribute 
any explosive materials to any person in any State where the purchase, 
possession, or use by such person of such explosive materials would be 
in violation of any State law or any published ordinance applicable at 
the place of distribution. 
Record require- 
u^f^ j ^ sliall be uulawful for auy licensee or permittee willfully to 
""*" ^
* 
manufacture, import, purchase, distribute, or receive explosive 
materials without making such records as the Secretary may by regu-
lation require, including, but not limited to, a statement of intended 
use, the name, date, place of birth, social security number or taxpayer 
identification number, and place of residence of any natural person 
to whom explosive materials are distributed. If explosive materials 
are distributed to a corporation or other business entity, such records 
shall include the identity and principal and local places of business a7 1 
the name, date, place of birth, and place of residence of the natural 
person acting as agent of the corporation or other business entity in 
arranging the distribution. 
"(g) It shall be unlawful for any licensee or permittee knowingly 
to make any false entry in any record which he is required to keep 
pursuant to this section or regulations promulgated under section 847 
Post. p. 959. 
of ^i^jg title. 
68A Stat. 565. 
26 u s e 4761. 
26 use 4731. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
955 
"(li) It shall be unlawful for any person to receive, conceal, trans-
port, ship, store, barter, sell, or dispose of any explosive materials 
knowing or having reasonable cause to believe that such explosive 
materials were stolen. 
"(i) It shall be unlawful for any person— 
"(1) who is under indictment for, or who has been convicted 
in any court of, a crime punishable by imprisonment for a term 
exceeding one year; 
"(2) who is a fugitive from justice; 
"(3) who is an unlawful user of or addicted to marihuana (as 
defined in section 4761 of the Internal Revenue Code of 1954) 
^SA stat. ses. 
or any depressant or stimulant drug (as defined in section 201 (v) 
^^ ^^^ '*^^^* 
of the Federal Food, Drug, and Cosmetic Act) or narcotic drug ga^^tat^^'ae^/' 
(as defined in section 4731(a) of the Internal Revenue Code of 
21 use 321*. 
1954) ; or 
.
I
t 
f,l^^' ";, 
"(4) who has been adjudicated as a mental defective or who 
"' """" '""' 
has been committed to a mental institution; 
to ship or transport any explosive in interstate or foreign commerce 
or to receive any explosive which has been shipped or transported in 
interstate or foreign commerce. 
"(j) It shall be unlawful for any person to store any explosive 
material in a manner not in conformity with regulations promulgated 
by the Secretary. In promulgating such regulations, the Secretary 
shall take into consideration the class, type, and quantity of explosive 
materials to be stored, as well as the standards of safety and security 
recognized in the explosives industry. 
"(k) It shall be unlawful for any person who has knowledge of the 
theft or loss of any explosive materials from his stock, to fail to report 
such theft or loss within twenty-four hours of discovery thereof, to the 
Secretary and to appropriate local authorities. 
"§ 843. Licenses and user permits 
"(a) An application for a user permit or a license to import, manu-
facture, or deal in explosive materials shall be in such form and con-
tain such information as the Secretary shall by regulation prescribe. 
Each applicant for a license or permit shall pay a fee to be charged as 
set by the Secretary, said fee not to exceed $200 for each license or 
permit. Each license or permit shall be valid for no longer than three 
years from date of issuance and shall be renewable upon the same con-
ditions and subject to the same restrictions as the original license or 
permit and upon payment of a renewal fee not to exceed one-half of 
the original fee. 
"(b) Upon the filing of a proper application and payment of the 
prescribed fee, and subject to the provisions of this chapter and other 
applicable laws, the Secretary shall issue to such applicant the appro-
priate license or permit if— 
"(1) 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 
management and policies of the corporation, partnership, or 
association) is not a person to whom the distribution of explosive 
materials would be unlawful under section 842 (d) of this chapter; 
"(2) the applicant has not willfully violated any of the pro-
visions of this chapter or regulations issued hereunder; 
"(3) the applicant has in a State premises from which he con-
ducts or intends to conduct business; 
" (4) the applicant has a place of storage for explosive materials 
which meets such standards of public safety and security against 
theft as the Secretary by regulations shall prescribe; and 
956 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
License 
authority. 
Denial or revo-
cation, written 
notice. 
Judicial 
review. 
80 Stat. 392. 
Records, 
availability. 
"(5) the applicant has demonstrated and certified in writing 
that he is familiar with all published State laws and local ordi-
nances relating to explosive materials for the location in which 
he intends to do business. 
"(c) The Secretary shall approve or deny an application within a 
period of forty-five days beginning on the date such application is 
received by the Secretary. 
"(d) The Secretary may revoke any license or permit issued under 
this section if in the opinion of the Secretary the holder thereof has 
violated any provision of this chapter or any rule or regulation pre-
scribed by the Secretary under this chapter, or has become ineligible 
to acquire explosive materials under section 842(d). The Secretary's 
action under this subsection may be reviewed only as provided in sub-
section (e) (2) of this section. 
"(e) (1) Any person whose application is denied or whose license 
or permit is revoked shall receive a written notice from the Secretary 
stating the specific grounds upon which such denial or revocation is 
based. Any notice of a revocation of a license or permit shall be given 
to the holder of such license or permit prior to or concurrently with 
the effective date of the revocation. 
"(2) If the Secretary denies an application for, or revokes a license, 
or permit, he shall, upon request by the aggrieved party, promptly hold 
a hearing to review his denial or revocation. In the case of a revocation, 
the Secretary may upon a request of the holder stay the effective date 
of the revocation. A hearing under this section shall be at a location 
(Convenient to the aggrieved party. The Secretary shall give written 
notice of his decision to the aggrieved party within a reasonable time 
after the hearing. The aggrieved part}^ may, within sixty days after 
receipt of the Secretary's written decision, file a petition with the 
United States court of appeals for the district in which he resides or 
has his principal place of business for a judicial review of such denial 
or revocation, pursuant to sections 701-706 of title 5, United States 
Code. 
"(f) Licensees and permittees shall make available for inspection 
at all reasonable times their records kept pursuant to this chapter 
or the regulations issued hereunder, and shall submit to the Secretary 
such reports and information with respect to such records and the 
contents thereof as he shall by regulations prescribe. The Secretary 
may enter during business hours the premises (including places of 
storage) of any licensee or permittee, for the purpose of inspecting 
or examining (1) any records or documents required to be kept by 
such licensee or permittee, under the provisions of this chapter or 
regulations issued hereunder, and (2) any explosive materials kept 
or stored by such licensee or permittee at such premises. Upon the 
request of any State or any political subdivision thereof, the Secretary 
may make available to such State or any political subdivision thereof, 
any information which he may obtain by reason of the provisions 
of this chapter with respect to the identification of persons within 
such State or political subdivision thereof, who have purchased or 
received explosive materials, together with a description of such 
explosive materials. 
"(g) Licenses and permits issued under the provisions of subsec-
tion (b) of this section shall be kept posted and kept available for 
inspection on the premises covered by the license and permit. 
"§ 844. Penalties 
"(a) Any person who violates subsections (a) through (i) of sec-
tion 842 of this chapter shall be fined not more than $10,000 or 
imprisoned not more than ten years, or both. 
26 use 5845. 
18 use 34. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
957 
"(b) Any person who violates any otlier provision of section 842 
Ante, p. 953. 
of this chapter shall be fined not more than $1,000 or imprisoned not 
more than one year, or both. 
"(c) Any explosive materials involved or used or intended to be 
used in any violation of the provisions of this chapter or any other rule 
or regulation promulgated thereunder or any violation of any criminal 
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 
5845 (a) of that Code, shall, so far as applicable, extend to seizures and 
82 stat. 1230. 
forfeitures under the provisions of this chapter. 
'
^ "^ °'" 
"(d) Whoever transports or receives, or attempts to transport or 
receive, in interstate or foreign commerce any explosive with the 
knowledge or intent that it will be used to kill, injure, or intimidate 
any individual or unlawfully to damage or destroy any building, 
vehicle, or other real or personal property, shall be imprisoned for not 
more than ten years, or fined not more than $10,000, or both; and if 
personal injury results shall be imprisoned for not more than twenty 
years or fined not more than $20,000, or both; and if death results, 
shall be subject to imprisonment for any term of years, or to the death 
penalty or to life imprisonment as provided in section 34 of this title, 
'^o stat. 540. 
"(e) Whoever, through the use of the mail, telephone, telegraph, 
or other instrument of commerce, willfully makes any threat, or 
maliciously conveys false information knowing the same to be false, 
concerning an attempt or alleged attempt being made, or to be made, 
to kill, injure, or intimidate any individual or unlawfully to damage 
or destroy any building, vehicle, or other real or personal property by 
means of an explosive shall be imprisoned for not more than five years 
or fined not more than $5,000, or both. 
"(f) Whoever maliciously damages or destroys, or attempts to 
damage or destroy, by means of an explosive, any building, vehicle, 
or other personal or real property in whole or in part owned, pos-
sessed, or used by, or leased to, the United States, any department or 
agency thereof, or any institution or organization receiving Federal 
financial assistance shall be imprisoned for not more than ten years, 
or fined not more than $10,000, or both; and if personal injury 
results shall be imprisoned for not more than twenty years, or fined 
not more than $20,000, or both; and if death results shall be subject 
to imprisonment for any term of years, or to the death penalty or to 
life imprisonment as provided in section 34 of this title. 
"(g) Whoever possesses an explosive in any building in whole or 
in part owned, possessed, or used by, or leased to, the United States 
or any department or agency thereof, except with the written consent 
of the agency, department, or other person responsible for the man-
agement of such building, shall be imprisoned for not more than one 
year, or fined not more than $1,000, or both. 
"(h) Whoever— 
"(1) uses an explosive to commit any felony which may be 
prosecuted in a court of the United States, or 
"(2) carries an explosive unlawfully during the commission 
of any felony which may be prosecuted in a court of the L^nited 
States, 
shall be sentenced to a term of imprisonment for not less than one year 
nor more than ten years. In the case of his second or subsequent con-
viction under this subsection, such person shall be sentenced to a term 
of imprisonment for not less than five years nor more than twenty-five 
years, and, notwithstanding any other provision of law, the court shall 
not suspend the sentence of such person or give him a probationary 
sentence. 
18 u s e 232. 
958 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
"(i) Whoever maliciously damages or destroys, or attempts to dam-
age or destroy, by means of an exj)losive, any building, vehicle, or 
other real or personal property used in interstate or foreign commerce 
or in any activity affecting interstate or foreign commerce shall be 
imprisoned for not more than ten years or fined not more than $10,000, 
or both; and if personal injury results shall be imprisoned for not 
more than twenty years or fined not more than $20,000, or both; and if 
death results shall also be subject to imprisonment for any term of 
years, or to the death penalty or to life imprisonment as provided in 
section 34 of this title. 
"(j) For the purposes of subsections (d), (e), (f), (g), (h),and (i) 
"Explosive." 
of this section, the term 'explosive' means gunpowders, powders used 
for blasting, all forms of high explosives, blasting materials, fuzes 
(other than electric circuit breakers), detonators, and other detonating 
agents, smokeless powders, other explosive or incendiary devices 
^
8
2 Stat. 91. 
within the meaning of paragraph (5) of section 232 of this title, and 
,o T
T
o
o oco 
^^^ chemical compounds,^ mechanical mixture, or device that contains 
any oxidizing and combustible units, or other ingredients, in such pro-
portions, quantities, or packing that ignition by fire, by friction, by 
concussion, by percussion, or by detonation of the compound, mixture, 
or device or any part thereof may cause an explosion. 
"§ 845. Exceptions; relief from disabilities 
"(a) Except in the case of subsections (d), (e), (f), (g), (h), 
and (i) of section 844 of this title, this chapter shall not apply to: 
"(1) any aspect of the transportation of explosive materials 
via railroad, water, highway, or air which are regulated by the 
United States Department of Transportation and agencies there-
of; 
"(2) the use of explosive materials in medicines and medicinal 
agents in the forms prescribed by the official United States Phar-
macopeia, or the National Formulary; 
"(3) the transportation, shipment, receipt, or importation of 
explosive materials for delivery to any agency of the United 
States or to any State or political subdivision thereof; 
"(4) small arms ammunition and components thereof; 
"(5) black powder in quantities not to exceed five pounds; 
and 
"(6) the manufacture under the regulation of the military 
department of the United States of explosive materials for, or 
their distribution to or storage or possession by the military or 
naval services or other agencies of the United States; or to 
arsenals, navy yards, depots, or other establishments owned by, 
or operated by or on behalf of, the United States. 
" (b) A person who had been indicted for or convicted of a crime 
punishable by imprisonment for a term exceeding one year may make 
application to the Secretary for relief from the disabilities imposed by 
this chapter with respect to engaging in the business of importing, 
manufacturing, or dealing in explosive materials, or the purchase of 
explosive materials, and incurred by reason of such indictment or con-
viction, and the Secretary may grant such relief if it is established to 
his satisfaction that the circumstances regarding the indictment or 
conviction, and the applicant's record and reputation, are such that the 
applicant will not be likely to act in a manner dangerous to public 
safety and that the granting of the relief will not be contrary to the 
public interest. A licensee or permittee who makes application for 
relief from the disabilities incurred under this chapter by reason of 
indictment or conviction, shall not be barred by such indictment or 
conviction from further operations under his license or permit pending 
final action on an application for relief filed pursuant to this section. 
84 STAT. ] 
PUBLIC LAW 91-452-OCT. 15, 1970 
959 
"§ 846. Additional powers of the Secretary 
"The Secretary is authorized to inspect the site of any accident, or 
fire, in which there is reason to believe that explosive materials were 
involved, in order that if any such incident has been brought about 
by accidental means, precautions may be taken to prevent similar acci-
dents from occurring. In order to carry out the purpose of this subsec-
tion, the Secretary is authorized to enter into or upon any property 
where explosive materials have been used, are suspected of having 
been used, or have been found in an otherwise unauthorized location. 
Nothing in this chapter shall be construed as modifying or otherwise 
affecting in any way the investigative authority of any other Federal 
agency. In addition to any other investigatory authority they have 
with respect to violations of provisions of this chapter, the Attorney 
General and the Federal Bureau of Investigation, together with the 
Secretary, shall have authority to conduct investigations with resptect 
to violations of subsection (d), (e), (f), (g), (h), or (i) of section 
844 of this title. 
"§ 847. Rules and regulations 
"The administration of this chapter shall be vested in the Secretary. 
The Secretary may prescribe such rules and regulations as he deems 
reasonably necessary to carry out the provisions of this chapter. The 
Notice; hearing 
Secretary shall give reasonable public notice, and afford to interested opportunity. 
parties opportunity for hearing, prior to prescribing such rules and 
regulations. 
"§ 848. 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 on the same 
subject matter, unless there is a direct and positive conflict between 
such provision and the law of the State so that the two cannot be 
reconciled or consistently stand together." 
(b) The title analysis of title 18, United States Code, is amended by 
inserting immediately below the item relating to chapter 39 the 
following: 
"40. Importation, manufacture, distribution and storage of explosive 
materials 
841". 
SEC. 1103. Section 2516(1) (c) of title 18, United States Code, is 
82 stat. 216. 
amended by inserting after "section 224 (bribery in sporting con-
tests)," the following: "subsection (d), (e), (f), (g), (h), or (i) of 
section 844 (unlawful use of explosives),". 
SEC. 1104. Nothing in this title shall be construed as modifying or 
affecting any provision of— 
(a) The National Firearms Act (chapter 53 of the Internal 
Revenue Code of 1954) ; 
82 stat. 1227. 
(b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C. 
^^ "^^ 5^°'-
1934), as amended, relating to munitions control; 
^^ stat. 848, 
(c) Section 1716 of title 18, United States Code, relating to 
" ^tat. rsi. 
nonmailable materials; 
(d) Sections 831 through 836 of title 18, United States Code; or 
68 stat. i70; 
(e) Chapter 44 of title 18, United States Code. 
74 stat. sos. 
SEC. 1105. (a) Except as provided in subsection (b), the provisions 
82 stat. 1214. 
of chapter 40 of title 18, United States Code, as enacted by section 
E«^c^twe^dates. 
1102 of this title shall take effect one hundred and twenty days after 
Ante, p. 952. 
the date of enactment of this Act. 
(b) The following sections of chapter 40 of title 18, United States 
Code, as enacted by section 1102 of this title shall take effect on the 
date of the enactment of this Act: sections 841, 844(d), (e), (f), (g), 
(h), (i), and (j), 845, 846, 847, 848, and 849. 
960 
PUBLIC LAW 91-452-OCT. 15, 1970 
[84 STAT. 
Ante, 
p. 952. 
55 Stat. 863. 
Repeal. 
74 Stat. 87. 
Appropriation. 
Members, 
appointment. 
Ante, p. 923. 
Ante, p. 948. 
(c) Any person (as defined in section 841(a) of title 18, United 
States Code) engaging in a business or operation requiring a license 
or permit under the provisions of cliapter 40 of such title 18 who was 
engaged in such business or operation on the date of enactment of 
this Act and who has filed an application for a license or permit 
under the provisions of section 843 of such chapter 40 prior to the 
effective date of such section 843 may continue such business or 
operation pending final action on his application. All provisions of 
such chapter 40 shall apply to such applicant in the same manner and 
to the same extent as if he were a holder of a license or permit under 
such chapter 40. 
SEC. 1106. (a) The Federal Explosives Act of October 6, 1917 (40 
Stat. 385, as amended; 50 U.S.C. 121-143), and as extended by Act 
of July 1, 1948 (40 Stat. 671; 50 U.S.C. 144), and all regulations 
adopted thereunder are hereby repealed. 
(b) (1) Section 837 of title 18 of the United States Code is repealed. 
(2) The item relating to such section 837 in the chapter analysis of 
chapter 39 of such title 18 is repealed. 
SEC. 1107. There are hereby authorized to be appropriated such 
sums as are necessary to carry out the purposes of this title. 
TITLE XII—NATIONAL COMMISSION ON 
INDIVIDUAL RIGHTS 
SEC. 1201. There is hereby established the National Commission on 
Individual Eights (hereinafter in this title referred to as the 
"Commission"). 
SEC. 1202. The Commission shall be composed of fifteen members 
appointed as follows: 
(1) four appointed by the President of the Senate from Mem-
bers of the Senate; 
(2) four appointed by the Speaker of the House of Representa-
tives from Members of the House of Representatives; and 
(3) seven appointed by the President of the United States from 
all segments of life in the United States, including but not limited 
to lawyers, jurists, and policemen, none of whom shall be officers 
of the executive branch of the Government. 
SEC. 1203. The President of the United States shall designate a 
Chairman from among the members of the Commission. Any vacancy 
in the Commission shall not affect its powers but shall be filled in the 
same manner in which the original appointment was made. 
SEC. 1204. It shall be the duty of the Commission to conduct a 
comprehensive study and review of Federal laws and practices relating 
to special grand juries authorized under chapter 216 of title 18, United 
States Code, dangerous special offender sentencing under section 3575 
of title 18, United States Code, wiretapping and electronic surveil-
lance, bail reform and preventive dentention, no-knock search war-
rants, and the accumulation of data on individuals by Federal agencies 
as authorized by law or acquired by executive action. The Commission 
may also consider other Federal laws and practices which in its opinion 
may infringe upon the individual rights of the people of the United 
States. The Commission shall determine which laws and practices are 
needed, which are effective, and whether they infringe upon the 
individual rights of the people of the United States. 
SEC. 1205. (a) Subject to such rules and regulations as may be 
adopted by the Commission, the Chairman shall have the power to— 
(1) appoint and fix the compensation of an Executive Direc-
tor, and such additional staff personnel as he deems necessary, 
without regard to the provisions of title 5, United States Code, 
84 
STAT.] 
PUBLIC LAW 91-452-OCT. 15, 1970 
%1 
governing appointments in the competitive service, and without 
regard to the provisions of chapter 51 and subchapter I I I of 
chapter 53 of such title relating to classification and General 
Schedule pay rates, but at rates not m excess of the maximum rate 
for GS-18 of the General Schedule under section 5332 of such 
title; and 
(2) 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, 
(b) In making appointments pursuant to subsection (a) of this 
section, the Chairman shall include among his appointment indi-
viduals determined by the Chairman to be competent social scientists, 
lawyers, and law enforcement officers. 
SEC. 1206. (a) 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 in-
curred in the performance of duties vested in the Commission. 
(b) 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. 
SEC. 1207. Each department, agency, and instrumentality of the 
executive branch of the Government, including independent agencies, 
is authorized and directed to furnish to the Commission, upon request 
made by the Chairman, such statistical data, reports, and other infor-
mation as the Commission deems necessary to carry out its functions 
under this title. The Chairman is further authorized to call upon the 
departments, 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 title. 
SEC. 1208. The Commission shall make interim reports and recom-
mendations as it deems advisable, but at least every two years, and it 
shall make a final report of its findings and recommendations to the 
President of the United States and to the Congress at the end of six 
years following the effective date of this section. Sixty days after the 
submission of the final report, the Commission shall cease to exist. 
SEC. 1209. (a) Except as provided in subsection (b) of this section, 
any member of the Commission is exempted, with respect to his 
appointment, from the operation of sections 203, 205, 207, and 209 of 
title 18, United States Code. 
(b) The exemption granted by subsection (a) of this section shall 
not extend— 
(1) 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 
(2) during the period of such appointment, to the prosecu-
tion, by any person so appointed, of any claim against the Gov-
ernment involving any matter with which such person, during 
such period, is or was directly connected by reason of such 
appointment. 
SEC. 1210. The foregoing provisions of this title shall take effect 
on January 1, 1972. 
SEC. 1211. There are authorized to be appropriated such sums as 
may be necessary to carry out the provisions of this title. 
SEC. 1212. Section 804 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (Public Law 90^351; 18 U.S.C. 2510 note) is 
repealed. 
80 Stat. 443, 
467. 
5 u s e 5101, 
5331. 
Ante, p. 198-1. 
80 Stat. 416. 
Travel 
expenses. 
Agency 
cooperation. 
Reports and 
recommendations 
to President and 
Congress. 
76 Stat. 1121. 
Effective date. 
Appropriation. 
Repeal. 
82 Stat. 223. 
962 
PUBLIC LAW 91-453-OCT. 15, 1970 
[84 STAT. 
TITLE XIII—GENERAL PROVISIONS 
separability. 
gEc. 1301. If the provisioHS of Mij part of this Act or the applica-
tion thereof to any person or circumstances be held invalid, the pro-
visions of the other parts and their application to other persons or 
circumstances shall not be affected thereby. 
Approved October 15, 1970. 
October 15, 1970 
[S.3154] 
Public Law 91-453 
AN ACT 
To provide long-term financing for expanded urban mass transportation 
programs, and for other purposes. 
Urban Mass 
Transportation 
Assistance Act of 
1970. 
78 Stat. 302. 
49 u s e 1601 
note. 
Federal 
financial assist-
78 Stat. 303. 
Grants and 
loans. 
Eligible facil-
ities and equip-
ment. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Congress 
finds that the rapid urbanization and the continued dispersal of 
population and activities within urban areas has made the ability 
of all citizens to move quickly and at a reasonable cost an urgent 
national problem; that it is imperative, if efficient, safe, and con-
venient transportation compatible with soundly planned urban areas 
is to be achieved, to continue and expand the Urban Mass Transporta-
tion Act of 1964; and that success will require a Federal commitment 
for the expenditure of at least $10,000,000,000 over a twelve-year 
period to permit confident and continuing local planning, and greater 
flexibility in program administration. It is the purpose of this Act 
to create a partnership which permits the local community, through 
Federal financial assistance, to exercise the initiative necessary to 
satisfy its urban mass transportation requirements. 
SEC. 2. Section 3 of the Urban Mass Transportation Act of 1964, 
as amended (49 U.S.C. 1602), is amended— 
(1) by redesignating subsection (c) as subsection (e) ; and 
(2) by striking out subsections (a) and (b) and inserting in 
lieu thereof subsections (a), (b), (c), and (d), as follows: 
" (a) The Secretary is authorized, in accordance with the provisions 
of this Act and on such terms and conditions as he may prescribe, to 
make grants or loans (directly, through the purchase of securities or 
equipment trust certificates, or otherwise) to assist States and local 
public bodies and agencies thereof in financing the acquisition, con-
struction, reconstruction, and improvement of facilities and equip-
ment for use, by operation or lease or otherwise, in mass transporta-
tion service in urban areas and in coordinating such service with 
highway and other transportation in such areas. Eligible facilities and 
equipment may include land (but not public highways), buses and 
other rolling stock, and other real and personal property needed for 
an efficient and coordinated mass transportation system. No grant or 
loaoi shall be provided under this section unless the Secretary deter-, 
mines that the applicant has or will have—