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87th Congress, S. 1657
September 13, 1961

An Act

75 STAT. 492.

To provide means for the Federal Government to combat interstate crime and to assist the States in the enforcement of their criminal laws by prohibiting the interstate transportation of wagering paraphernalia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 95 of Wagering paratitle 18, United States Code, is amended by adding the following new phernalia. section at the end thereof:

Interstate transportation.

62 Stat. 793.

"8 1953. Interstate transportation of wagering paraphernalia "(a) Whoever, except a common carrier in the usual course of its 18 USC 1951. business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game shall be fined not more than $10,000 or imprisoned for not more than five years or both.

"(b) This section shall not apply to (1) parimutuel betting equipment, parimutuel tickets where legally acquired, or parimutuel materials used or designed for use at racetracks or other sporting events in connection with which betting is legal under applicable State law, or (2) the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a State in which such betting is legal under the statutes of that State, or (3) the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication.

"(c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia."

and by adding the following item to the analysis of the chapter:

"Sec. 1953. Interstate transportation of wagering paraphernalia."

SEC. 2. Section 1302 of title 18, United States Code, is amended by 62 Stat. 762. deleting the dash at the end of the fifth paragraph and inserting in

lieu thereof a semicolon and adding a new sixth paragraph as follows:

"Any article described in section 1953 of this title ".

Approved September 13, 1961.

Public Law 87-221
87th Congress, H. R. 2429
September 13, 1961

An Act

75 STAT. 494.

To prohibit destruction of, or injury to, certain property moving in interstate or foreign commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) it shall be Property movunlawful for any person willfully to destroy or injure any property ing in intermoving in interstate or foreign commerce in the possession of a common or contract carrier by railroad, motor vehicle, or aircraft, or willfully to attempt to destroy or injure any such property. (b) Whoever violates any provision of subsection (a) of this section shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

(c) To establish the interstate or foreign commerce character of any property involved in any prosecution under this section, the waybill or similar shipping document of such property shall be prima facie evidence of the place from which and to which such property was moving.

SEC. 2. A judgment of conviction or acquittal on the merits under the laws of any State or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, shall be a bar to any prosecution under this Act for the same act or acts. Approved September 13, 1961.

state commerce.
Destruction
or injury pro-
hibited.

87th Congress, S. 1653
September 13, 1961

An Act

fo amend title 18, United States Code, to prohibit travel or transportation in commerce in aid of racketeering enterprises.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 95 of Crimes and title 18, United States Code, is amended (a) by adding the following criminal pronew section at the end thereof:

§ 1952. Interstate and foreign travel or transportation in aid of

racketeering enterprises

(a) Whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign commerce, including the mail, with

intent to

“(1) distribute the proceeds of any unlawful activity; or

(2) commit any crime of violence to further any unlawful activity; or

"(3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,

cedure.

62 Stat. 793.

75 STAT. 498.

and thereafter performs or attempts to perform any of the acts speci- 75 STAT. 499. fied in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

"(b) As used in this section 'unlawful activity' means (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics, or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, or (2) extortion or bribery in violation of the laws of the State in which committed or of the United States.

"(c) Investigations of violations under this section involving liquor or narcotics shall be conducted under the supervision of the Secretary of the Treasury."

and (b) by adding the following item to the analysis of the chapter: -Sec. 1952. Interstate and foreign travel or transportation in aid of racketeering enterprises."

Approved September 13, 1961.

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Public Law 87-247
87th Congress, H. R. 8033
September 14, 1961

An Act

To amend section 17 of the Interstate Commerce Act so as to authorize the delegation of certain duties to employee boards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (5) of section 17 of the Interstate Commerce Act (49 U.S.C. 17(5)) is amended by adding at the end thereof the following new sentence: "When deemed by the Commission to be appropriate for the efficient and orderly conduct of its business, it may authorize duly designated employee boards to perform, under this paragraph, functions of the same character as those which may be performed thereunder by duly designated divisions."

Approved September 14, 1961.

Interstate Com-
merce Commission.
Employee boards.
54 Stat. 913.
75 STAT. 517.
75 STAT. 518.

87th Congress, S. 1368
September 19, 1961

An Act

75 STAT. 522.

To amend the Shipping Act, 1916, to provide for licensing independent ocean freight forwarders, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sec- Shipping Act, tion of the Shipping Act, 1916 (46 U.S.C. 801), is amended by adding 1916, amendment. at the end thereof the following new paragraphs:

"The term 'carrying on the business of forwarding' means the dispatching of shipments by any person on behalf of others, by oceangoing common carriers in commerce from the United States, its Territories, or possessions to foreign countries, or between the United States and its Territories or possessions, or between such Territories and possessions, and handling the formalities incident to such ship

ments.

"An 'independent ocean freight forwarder' is a person carrying on the business of forwarding for a consideration who is not a shipper or consignee or a seller or purchaser of shipments to foreign countries, nor has any beneficial interest therein, nor directly or indirectly controls or is controlled by such shipper or consignee or by any person having such a beneficial interest."

Ocean freight
forwarders.
39 Stat. 728.

Definitions.

SEC. 2. The Shipping Act, 1916, is further amended by redesignat- 40 Stat. 903. ing section 44 as section 45, and inserting immediately after section 46 USC 842. 43 the following new section:

"SEC. 44. (a) No person shall engage in carrying on the business Licenses. of forwarding as defined in this Act unless such person holds a license issued by the Federal Maritime Commission to engage in such business: Provided, however, That a person whose primary business is the sale of merchandise may dispatch shipments of such merchandise without a license.

"(b) A forwarder's license shall be issued to any qualified applicant Issuance. therefor if it is found by the Commission that the applicant is, or will be, an independent ocean freight forwarder as defined in this Act and is fit, willing, and able properly to carry on the business of forwarding and to conform to the provisions of this Act and the requirements, rules, and regulations of the Commission issued thereunder, and that the proposed forwarding business is, or will be, consistent with the national maritime policies declared in the Merchant Marine Act, 1936; otherwise such application shall be denied. Any 49 Stat. 1985. independent ocean freight forwarder who, on the effective date of this 46 USC 1245. Act, is carrying on the business of forwarding under a registration number issued by the Commission may continue such business for a period of one hundred and twenty days thereafter without a license, and if application for such license is made within such period, such forwarder may, under such regulations as the Commission shall prescribe, continue such business until otherwise ordered by the Commission.

"(c) The Commission shall prescribe reasonable rules and regula- Conditions. tions to be observed by independent ocean freight forwarders and no such license shall be issued or remain in force unless such forwarder shall have furnished a bond or other security approved by the Commission in such form and amount as in the opinion of the Commission will insure financial responsibility and the supply of the services in accordance with contracts, agreements, or arrangements therefor.

"(d) Licenses shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any such license may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in

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