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Public Law 87-216

AN ACT

To amend chapter 50 of title 18, United States Code, with respect to the transmission of bets, wagers, and related information.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1081 of title 18 of the United States Code is amended by adding the following paragraph:

"The term 'wire communication facility' means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission."

SEC. 2. Chapter 50 of such title is amended by adding thereto a new section 1084 as follows:

"S 1084. Transmission of wagering information; penalties

"(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined not more than $10,000 or imprisoned not more than two years, or both.

"(b) Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State where betting on that sporting event or contest is legal into a State in which such betting is legal.

"(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.

"(d) When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored."

SEC. 3. The analysis preceding section 1081 of such title is amended by adding the following item:

"Sec. 1084. Transmission of wagering information; penalties." Approved September 13, 1961.

September 13, 1961 [S. 1656]

Wagering information.

Transmission.
63 Stat. 92.
"Wire

communi

cation facility."

18 USC 108 11083.

September 13, 1961 [S. 513]

Acadia.

Public Law 87-217

AN ACT

To authorize and direct the Secretary of the Treasury to cause the vessel Acadia, owned by Robert J. Davis of Port Clyde, Maine, to be documented as a vessel of the United States with coastwise privileges.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstandCoastwise priv- ing the provisions of section 4132 of the Revised Statutes of the United

ileges.

73 Stat. 597.

September 13, 1961 [S. 1657]

States, as amended (46 U.S.C. 11), the Secretary of the Treasury shall cause the vessel Acadia, owned by Robert J. Davis of Port Clyde, Maine, to be documented as a vessel of the United States, upon compliance with the usual requirements, with the privilege of engaging in the coast wise trade so long as such vessel is owned by a citizen of the United States.

Approved September 13, 1961.

Public Law 87-218

AN ACT

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 Wagering para- United States of America in Congress assembled, That chapter 95 of title 18, United States Code, is amended by adding the following new section at the end thereof:

phernalia.

Interstate trans

portation.

62 Stat. 793.

18 USC 1951.

62 Stat. 762.

"§ 1953. Interstate transportation of wagering paraphernalia

"(a) Whoever, except a common carrier in the usual course of its 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 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 87-219

AN ACT

To facilitate administration of the fishery loan fund established by section 4. of the Fish and Wildlife Act of 1956, and for other purposes.

September 13, 1961 [H. R. 206]

life.

Fishery loan

70 Stat. 1121. 16 USC 742c.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the pur- Fish and Wildpose of facilitating administration of, and protecting the interest of the Government in, the fishery loan fund established by section 4 of fund. the Fish and Wildlife Act of 1956 and any related type of activities relating to fisheries for which the Department of the Interior is now or may hereafter be responsible, the Secretary of the Interior, notwithstanding any other provision of law, may hereafter administer, complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, assign, or sell upon such terms and conditions as he may deem most advantageous to the United States, any vessel, plant, or other property acquired by him on behalf of the United States and arising out of any fishery loan or any related type of activity by the Secretary of the Interior. The Secretary may use any of the applicable funds in each particular instance for the aforesaid purposes. Approved September 13, 1961.

Public Law 87-220

AN ACT

To permit certain foreign-flag vessels to land their catches of fish in the Virgin
Islands in certain circumstances, and for other purposes.

September 13, 1961 [H. R. 3159]

Foreign-flag

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4311 of the Revised Statutes, as amended (46 U.S.C., sec. 251), is further fishing vessels. amended by designating the present section as subsection (a) and by adding the following new subsections:

"(b) Subsection (a) of this section shall not be deemed to prohibit the landing by a foreign-flag vessel of not more than fifty feet overall length in a port of the Virgin Islands of the United States for immediate consumption in such islands of its catch of fresh fish, whole or with the heads, viscera, or fins removed, but not frozen, otherwise processed, or further advanced. No fish landed under this authorization shall be sold or transferred except for immediate consumption. Sale or transfer to an agent, representative, or employee of a freezer or cannery shall be deemed to be prohibited in the absence of satisfactory evidence that such sale or transfer is for immediate consumption. For the purposes of this subsection, the term 'immediate consumption' shall not preclude the freezing, smoking, or other processing of such fresh fish by the ultimate consumer thereof.

"(c) Any fish landed in the Virgin Islands of the United States which are retained, sold, or transferred other than as authorized in subsection (b) of this section shall be liable to forfeiture and any person or persons retaining, selling, transferring, purchasing, or receiving such fish shall severally be liable to a penalty of $1,000 for each offense, in addition to any other penalty provided in law."

SEC. 2. Any fine, penalty, or forfeiture incurred under the provisions of this Act shall be subject to remission or mitigation in accordance with section 5294 of the Revised Statutes, as amended (46 U.S.C. 7). SEC. 3. The Secretary of the Treasury may issue such regulations as he deems necessary for the enforcement of the provisions of this Act. Approved September 13, 1961.

Virgin Islands.

"Immediate con

sumption."

Forfeiture and penalties.

29 Stat. 39. Regulations.

September 13, 1961 [H. R. 2429]

Public Law 87-221

AN ACT

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 Property moving United States of America in Congress assembled, That (a) it shall be

in interstate com

merce.

Destruction or injury prohibited.

September 13, 1961 [H. R. 2457]

Vessels.

subsidies.

46 USC

note.

49 Stat. 1996. 46 USC 1152.

unlawful for any person willfully to destroy or injure any property moving 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.

Public Law 87-222

AN ACT

To amend title V of the Merchant Marine Act, 1936, in order to clarify the construction subsidy provisions with respect to reconstruction, reconditioning and conversion, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of July 7, 1960 (Public Law 86-607, 74 Stat. 362), is amended 1152 to read as follows:

"The amendment made by this Act shall be effective only with respect to any contract entered into not later than two years after the date of enactment of this Act under the provisions of section 502 of the Merchant Marine Act, 1936, with respect to (a) the construction of a vessel the keel of which was laid, or (b) the reconstruction or reconditioning of a vessel the shipyard contract for which was entered into after June 30, 1959, and the Federal Maritime Board may, with the consent of the parties thereto, modify any such contract entered into prior to the date of enactment of the first amendment to Public Law 86-607 (74 Stat. 362), to the extent authorized by the amendment made by this Act, as amended."

Approved September 13, 1961.

Public Law 87-223

AN ACT

To amend section 723 of title 38 of the United States Code to provide for immediate payment of dividends on insurance heretofore issued under section 621 of the National Service Life Insurance Act of 1940 which has been converted or exchanged for new insurance under such section, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 723 of title 38, United States Code, is amended by adding at the end thereof the following:

"(d) The Administrator shall determine the amount in the revolving fund referred to in subsection (a) of this section which is in excess of the actuarial liabilities of such fund including contingency reserves. Such excess shall be paid in cash as a special dividend, without interest, subject to the conditions provided in this subsection. The Administrator shall determine the administrative cost to the Veterans' Administration of paying such dividend, which cost shall be deducted from the excess and transferred to the appropriations "General operating expenses-Veterans' Administration". Insurance issued under section 621 of the National Service Life Insurance Act of 1940 or converted or exchanged under subsection (b) of this section, which was in force by waiver or timely payment of premiums or as paid-up or extended term insurance during one of the premium months beginning with the month of November 1960 and ending with the month of January 1961, may be eligible for the special dividend, subject to such conditions, other than specified in this subsection, as the Administrator shall determine to be reasonable and practicable. The dividend shall be paid as soon as practicable after whichever of the following dates is the latest:

"(1) the date of enactment of this subsection in case of insurance heretofore converted or exchanged under subsection (b) of this section;

"(2) the date insurance issued under section 621 is converted or exchanged under subsection (b) of this section if such conversion or exchange is made within two years after the date of enactment of this subsection; or

"(3) the date of death of the policyholder where insurance issued under section 621 is not converted or exchanged and such death occurs on or after the premium due date in November 1960 and before the expiration of two years after the date of enactment of this subsection.

"(e) After March 1, 1961, the Administrator shall from time to time transfer from the revolving fund referred to in subsection (a) of this section to general fund receipts in the Treasury such amounts as he determines are in excess of the actuarial liabilities of the fund including contingency reserves."

Approved September 13, 1961.

September 13, 1961 [H. R. 4539]

National Service

Life Insurance.

Special divi

dends.

72 Stat. 1157, 1716.

65 Stat. 37.

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