SEC. 6. The table of contents to "Part I.-Crimes" of title 18, United States Code, is amended by inserting after

"43. False personation

a new chapter reference as follows:

"44. Firearms--

911"

921"

SEC. 7. The Federal Firearms Act (52 Stat. 1250; 15 U.S.C. 901-910), as amended, is repealed.

SEC. 8. The amendments made by this Act shall become effective one hundred and eighty days after the date of its enactment; except that repeal of the Federal Firearms Act shall not in itself terminate any valid license issued pursuant to that Act and any such license shall be deemed valid until it shall expire according to its terms unless it be sooner revoked or terminated pursuant to applicable provisions of law.

[H.R. 5385, 90th Cong., first sess.]

A BILL To provide for the establishment of a Federal Judicial Center

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 28, United States Code, is amended by inserting, immediately following section 610, a new chapter 42 to be composed of sections 620 through 627 as follows:

"Sec.

"Chapter 42.-FEDERAL JUDICIAL CENTER

"820. Federal Judicial Center.

"621. Board.

"622. Board meetings and reports.

"623. Powers of the Board.

"624. Administrator and staff.

"625. Compensation of the Administrator.

"626. Retirement of the Administrator.

"627. Appropriations and Accounting.

"S 620. Federal Judicial Center

"There is established in the Administrative Office of the United States Courts a Federal Judicial Center for the following purposes:

"(1) To stimulate, coordinate, and conduct research and tests in all aspects of Federal judicial administration.

"(2) To stimulate, develop, and conduct programs of continuing education and training for personnel in the judicial branch of Government, including but not limited to, judges, referees, court clerks, probation officers, and United States commissioners.

"(3) To provide staff, research, and planning assistance to the Judicial Conference of the United States and its committees.

"§ 621. Board

"The activities of the Center shall be supervised by a Board to be composed of the Chief Justice of the United States, two judges of the United States courts of appeals, three judges of the United States distrite courts, and the Director of the Administrative Office of the United States Courts.

"Each of the judges of the United States courts of appeals and the United States district courts shall be elected as members of the Board by a vote of the members of the Judicial Conference of the United States.

"The judges of the courts of appeals first named to the Board shall continue in office for terms of two and four years, respectively, from the date of the enactment of this chapter, the term of each to be designated by the Chief Justice following election by the Judicial Conference.

"The judges of the United States district courts first named to the Board shall continue in office for terms of two, three, and four years, respectively, from the date of the enactment of this chapter, the term of each to be designated by the Chief Justice following election by the Judicial Conference.

"The successors of the first judge-members of the Board shall be elected for a term of four years from the date of the expiration of the term for which his predecessor was elected, except that any judge elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected only for the unexpired term of such predecessor. No judge-member shall be eligible to reelection as a member of the Board.

"The Chief Justice of the United States shall be the Chairman of the Board.

"§ 622. Board meetings and reports

"The Board shall meet quarterly to develop programs of research, training, continuing education and administration in all areas of Federal judicial administration. It shall make recommendations to the Judicial Conference of the United States and to other appropriate officials to improve Federal judicial administration and to assure the coordination and integration of policies respecting the administration of the training and treatment of the supporting personnel of the Federal courts. It shall also consider measures to promote improvements in Federal judicial administration and suggest appropriate studies in this connection to be undertaken by agencies, both public and private. Special meetings of the Board may be held from time to time upon the call of the Chairman or upon the request of any three members, and members of the Board shall serve without additional compensation.

"The Board shall submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Center and the Administrator's recommendations, which report, data, and recommendations shall be public documents.

"The Board shall also submit to Congress copies of the report and recommendations submitted to the Judicial Conference of the United States.

" 623. Powers of the Board

"For the purpose of carrying out any function authorized by section 620 of this title, the Board may accept donated funds and services, both public and private, and the use of such funds to pay the salaries of the officers or employees of the Center shall not be subject to the provisions of section 209 of title 18, United States Code.

"The Board is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this Act; and each such department, agency, and instrumentality is authorized to cooperate with the Board and, to the extent permitted by law, to furnish such information to the Board, upon request made by the Chairman. The Board shall utilize insofar as possible the services or facilities of any agency of the Federal Government and, without regard to section 10 of the Act of March 2, 1861, as amended (41 U.S.C. 5), of any appropriate State or other public agency. The Board may, without regard to section 10 of the Act of March 2, 1861, as amended (41 U.S.C. 5), utilize the services or facilities of any private agency, organization, group, or individual, in accordance with agreements between the head of such agency, organization, or group, or such individual, and the Board. Payment, if any, for such services or facilities shall be made in such amounts as may be provided in such agreement.

"S 624. Administrator and staff

"(a) The Board may appoint and fix the duties of an Administrator of the Center who shall serve at the pleasure of the Board.

"(b) The Administrator shall supervise the activities of persons employed in the Center and shall perform such other duties as are assigned to him by the Board.

"(c) The Administrator, subject to the civil service laws, may appoint necessary employees of the Center. The Administrator may also procure personal services as authorized by section 15 of the Act of August 2, 1946, as amended (5 U.S.C. 3109), at rates not to exceed $100 per diem for individuals. The Adminstrator is authorized to incur travel and other miscellaneous expenses incident to the operation of the Center.

"(d) The Administrator, with the approval of the Board, may be authorized to contract with governmental or private agencies for research projects.

"§ 625. Compensation of the Administrator

"(a) An Administrator who is a United States judge or justice, in active or retired status, shall serve without additional compensation.

"(b) The compensation of an Administrator to whom the provisions of subdivision (a) of this section do not apply, shall be the same as that of a judge of a United States district court, and his appointment and salary shall not be subject to the civil service laws or chapter 51 of title 5, United States Code. "626. Retirement of the Administrator

"(a) An Administrator may elect to waive his right to any benefits under the Civil Service Retirement Act and receive an annuity as provided by this section.

Such election shall be made by filing a written notice with the Administrative Office of the United States courts within six months after the date on which the Administrator takes office.

"(b) An Administrator who attains the age of 70 years shall be retired from his office.

"(c) An Administrator who retires, after having served at least fifteen years and after having attained the age of sixty-five years, shall receive an annuity for life equal to 80 per centum of the salary of the office.

"(d) An Administrator who has served at least ten years, but who is not eligible to receive an annuity under subsection (c) may elect to retire and receive an annuity for life equal to that proportion of 80 per centum of the salary of the office which the number of years of his service bears to fifteen, reduced by onequarter of 1 per centum for each full month, if any, he is under the age of sixtyfive at the time of separation from service.

"(e) An Administrator who becomes permanently disabled from performing the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office if he has served at least fifteen years, or equal to that proportion of 80 per centum of such salary which the aggregate number of years of his service bears to fifteen if he has served less than fifteen years, but in no event less than 50 per centum of such salary.

"(f) For the purpose of this section, 'service' means service, whether or not continuous, as Administrator, and any service not to exceed five years as a judge of the United States, a Senator, or Representative in Congress, a civilian official appointed by the President, by and with the advise and consent of the Senate.

“(g) The annuities provided by this section shall be paid by the Administrative Office of the United States Courts.

"§ 627. Appropriations and accounting

"There is hereby authorized to be appropriated to carry out the provisions of this Act such sums as may be necessary to supplement funds and services accepted by the Board. The Administrative Office of the United States Courts shall provide accounting, disbursing, auditing, and other fiscal services for the Center."

SEC. 2. The table of contents to "Part II.-COURT OFFICERS AND EMPLOYEES" of title 28, United States Code, is amended by inserting after "41. Administrative Office of United States Courts__-.

a new chapter reference as follows:

"42. Federal Judicial Center...

601"

620".

[H.R. 5386, 90th Cong., first sess.]

A BILL To protect the right of privacy by prohibiting wire interception and eavesdropping, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Right of Privacy Act of 1967".

SEC. 2. The Congress hereby finds and declares that

(a) Wire communications are normally conducted through the use of facilities which form part of an interstate network. The same facilities are used for both interstate and intrastate communications. In order effectively to protect the integrity of interstate wire communications and the privacy of parties to such communications it is necessary for the Congress to prohibit the interception of any wire communication using such facilities.

(b) Electronic, mechanical, and other eavesdropping devices are being used to overhear private conversations. The manufacture, distribution, and use of these devices are facilitated by interstate commerce. To secure the privacy of conversations, it is necessary for the Congress to exercise its power under the Constitution to prohibit such manufacture, distribution, and use.

SEC. 3. Title 18, United States Code, is amended by inserting immediately following section 2424 a new chapter, to be composed of sections 2510 through 2515 as follows:

"Sec.

"Chapter 120.-WIRE INTERCEPTION AND EAVESDROPPING

"2510. Wire interception.

"2511. Eavesdropping.

"2512. Manufacture and distribution of wire interception and eavesdropping devices "2513. Confiscation of wire interception and eavesdropping devices.

"2514. National security.

"2515. Definitions.

" 2510. Wire interception

"(a) Any person who, whether acting under color of law or otherwise— "(1) willfully intercepts or attempts to intercept any wire communication without the consent of at least one sender or receiver of such communication;

ог

"(2) willfully discloses or attempts to disclose, or uses or attempts to use, any information, knowing or having reason to know that such information was obtained in violation of paragraph (1) of this subsection,

shall be fined not more than $10,000 or imprisoned not more than five years, or both.

"(b) It shall not be unlawful under this section (1) for an operator of a switchboard, or an officer, employee or agent of any communications common carrier whose facilities are used in the transmission of wire communications, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident of the rendition of service; or (2) for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of the Federal Communications Act, to intercept a wire communication while it is being transmitted by radio, or to disclose or use the information thereby obtained.

"§ 2511. Eavesdropping

"(a) Any person who, whether acting under color of law or otherwise, willfully uses or attempts to use any electronic, mechanical or other device for the purpose of eavesdropping without the consent of at least one party to the conversation when

"(1) such device is affixed to any wire, cable, or other connection used in wire communication; or

"(2) such device transmits communications by radio; or

"(3) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or

"(4) such use or attempted use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or

"(5) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; or "(b) Any person who, whether acting under color of law or otherwise, willfully discloses or attempts to disclose, or uses or attempts to use, any information, knowing or having reason to know that such information was obtained in violation of subsection (a) of this section shall be fined not more than $10,000 or imprisoned not more than five years, or both.

" 2512. Manufacture and distribution of wire interception and eavesdropping devices

"Any person who

"(a) Except as a common carrier in the usual course of its business, sends through the mail or sends or carries in interstate or foreign commerce any electronic, mechanical or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of wire interception or eavesdropping; or

"(b) Manufactures or assembles any electronic, mechanical, or other device, the design of which renders it primarily useful for the purpose of wire intercep tion or eavesdropping, knowing or having reason to know that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or

"(c) Places in any newspaper, magazine, handbill or other publication any advertisement of

"(1) any electronic, mechanical, or other device, the design of which renders it primarily useful for the purpose of wire interception or eavesdropping; or

"(2) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of wire interception or eavesdropping,

knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce shall be fined not more than $25,000 or imprisoned not more than one year, or both.

" 2513. Confiscation of wire interception and eavesdropping devices

"Any electronic, mechanical or other device used, sent, carried, manufactured or assembled in violation of section 2510, 2511, or 2512 shall be seized and forfeited to the United States. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs law; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the awards of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggae under the customs laws shall be performed with respect to seizures and forfeitures of electronic, mechanical or other devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General.

"§ 2514. National security

"Nothing contained in this chapter or in section 605 of the Communications Act of 1934 (48 Stat. 1103; 47 U.S.C. 605) shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power or any other serious threat to the security of the United States, or to protect national security information against foreign intelligence activities. No information obtained directly or indirectly, in the exercise of such power, by wire interception or eavesdropping otherwise prohibited by this chapter shall be received in evidence in any judicial or administrative proceeding. Neither shall such information be otherwise used or divulged except as necessary to implement such power.

"§ 2515. Definitions

"In this chapter

"(a) The term 'wire communication' means any communication made in whole or part by aid of wire, cable, or other connection furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications.

"(b) The term 'intercept' means the act of acquiring all or any part of any wire communication from the facility transmitting the communication through use of any electronic, mechanical, or other device.

"(c) The term 'eavesdropping' means surreptitiously listening to, monitoring, transmitting, amplifying, or recording a private conversation.

"(d) The term 'electronic, mechanical, or other device' does not include

"(1) an extension telephone instrument furnished to the subscriber or user by a communications common carrier in the ordinary course of its business;

or

"(2) a hearing aid or similar device used by a person with impaired hearing, for the purpose of overcoming the impairment and permitting the hearing of sounds ordinarily audible to the human ear."

SEC. 4. The table of contents to "Part I.-CRIMES" of title 18, United States Code, is amended by inserting after

"117. White Slave Traffic__.

2421"