15 U.S.C. § 1171 — Definitions

Page 1337 TITLE 15—COMMERCE AND TRADE § 1171 tives of this chapter, that each of the services and functions provided herein shall be self-sus- taining or self-liquidating and that the general public shall not bear the cost of publications and other services which are for the special use and benefit of private groups and individuals; but nothing herein shall be construed to require the levying of fees or charges for services per- formed or publications furnished to any agency or instrumentality of the Federal Government, or for publications which are distributed pursu- ant to reciprocal arrangements for the exchange of information or which are otherwise issued primarily for the general benefit of the public. (Sept. 9, 1950, ch. 936, § 3, 64 Stat. 823; Pub. L. 91–412, § 3(e), Sept. 25, 1970, 84 Stat. 864.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–412 struck out provisos of first par. for deposit of moneys received for services and publica- tions after Sept. 9, 1950, in a special account in the Treasury, to be available, subject to appropriation au- thorizations, for reimbursement of appropriations and for refunds to organizations and individuals entitled thereto, and making appropriations reimbursed by the special account available for original purposes. See sec- tion 1526 of this title. § 1153a. Repealed. Pub. L. 91–412, § 3(f), Sept. 25, 1970, 84 Stat. 865 Section, act Oct. 22, 1951, ch. 533, title III, § 301, 65 Stat. 586, provided for reimbursement of appropria- tions. See section 1526 of this title. § 1154. Reference of data to armed services and other Government agencies The Secretary is directed to refer to the armed services all scientific or technical information, coming to his attention, which he deems to have an immediate or potential practical military value or significance, and to refer to the heads of other Government agencies such scientific or technical information as relates to activities within the primary responsibility of such agen- cies. (Sept. 9, 1950, ch. 936, § 4, 64 Stat. 824.) § 1155. General standards and limitations; preser- vation of security classification Notwithstanding any other provision of this chapter, the Secretary shall respect and pre- serve the security classification of any scientific or technical information, data, patents, inven- tions, or discoveries in, or coming into, the pos- session or control of the Department of Com- merce, the classified status of which the Presi- dent or his designee or designees certify as being essential in the interest of national defense, and nothing in this chapter shall be construed as modifying or limiting any other statute relating to the classification of information for reasons of national defense or security. (Sept. 9, 1950, ch. 936, § 5, 64 Stat. 824.) § 1156. Use of existing facilities (a) Available assistance The Secretary may utilize any personnel, fa- cilities, bureaus, agencies, boards, administra- tions, offices, or other instrumentalities of the Department of Commerce which he may require to carry out the purposes of this chapter. (b) Cooperation of other agencies The Secretary is authorized to call upon other departments and independent establishments and agencies of the Government to provide, with their consent, such available services, facilities, or other cooperation as he shall deem necessary or helpful in carrying out the provisions of this chapter, and he is directed to utilize existing fa- cilities to the full extent deemed feasible. (Sept. 9, 1950, ch. 936, § 6, 64 Stat. 824.) § 1157. Relation to other provisions Nothing in this chapter shall be construed to repeal or amend any other legislation pertaining to the Department of Commerce or its compo- nent offices or bureaus. (Sept. 9, 1950, ch. 936, § 7, 64 Stat. 824.) CHAPTER 24—TRANSPORTATION OF GAMBLING DEVICES Sec. 1171. Definitions. 1172. Transportation of gambling devices as unlaw- ful; exceptions; authority of Federal Trade Commission. 1173. Registration of manufacturers and dealers. 1174. Labeling and marking of shipping packages. 1175. Specific jurisdictions within which manufac- turing, repairing, selling, possessing, etc., prohibited; exceptions. 1176. Penalties. 1177. Confiscation of gambling devices and means of transportation; laws governing. 1178. Nonapplicability of chapter to certain ma- chines and devices. § 1171. Definitions As used in this chapter— (a) The term ‘‘gambling device’’ means— (1) any so-called ‘‘slot machine’’ or any other machine or mechanical device an essen- tial part of which is a drum or reel with insig- nia thereon, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may be- come entitled to receive, as the result of the application of an element of chance, any money or property; or (2) any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufac- tured primarily for use in connection with gambling, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may be- come entitled to receive, as the result of the application of an element of chance, any money or property; or (3) any subassembly or essential part in- tended to be used in connection with any such machine or mechanical device, but which is not attached to any such machine or mechan- ical device as a constituent part. (b) The term ‘‘State’’ includes the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. Page 1338 TITLE 15—COMMERCE AND TRADE § 1172 1 So in original. Probably should be ‘‘subsection’’. (c) The term ‘‘possession of the United States’’ means any possession of the United States which is not named in paragraph 1 (b) of this sec- tion. (d) The term ‘‘interstate or foreign commerce’’ means commerce (1) between any State or pos- session of the United States and any place out- side of such State or possession, or (2) between points in the same State or possession of the United States but through any place outside thereof. (e) The term ‘‘intrastate commerce’’ means commerce wholly within one State or possession of the United States. (f) The term ‘‘boundaries’’ has the same mean- ing given that term in section 1301 of title 43. (Jan. 2, 1951, ch. 1194, § 1, 64 Stat. 1134; Pub. L. 87–840, §§ 2, 3, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102–251, title II, § 202(c), Mar. 9, 1992, 106 Stat. 62.) Editorial Notes AMENDMENTS 1992—Subsec. (f). Pub. L. 102–251 added subsec. (f). 1962—Subsec. (a)(2), (3). Pub. L. 87–840, § 2, substituted provisions including machines and mechanical devices designed and manufactured primarily for gambling by the operation of which a person may become entitled to receive, as the result of chance, any money or property, for provisions which included machines or mechanical devices designed and manufactured to operate by in- serting a coin, token, or similar object, in par. (2), and inserted ‘‘, but which is not attached to any such ma- chine or mechanical device as a constituent part’’, in par. (3). Subsec. (b). Pub. L. 87–840, § 3, substituted ‘‘the Dis- trict of Columbia’’ for ‘‘Alaska, Hawaii’’. Subsecs. (d), (e). Pub. L. 87–840, § 3, added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–840, § 7, Oct. 18, 1962, 76 Stat. 1077, provided that: ‘‘The amendments made by this Act [enacting section 1178 of this title and amending this section and sections 1172 and 1173 of this title] shall take effect on the sixtieth day after the date of its enactment [Oct. 18, 1962].’’ SHORT TITLE OF 1962 AMENDMENT Pub. L. 87–840, § 1, Oct. 18, 1962, 76 Stat. 1075, provided: ‘‘That this Act [enacting section 1178 of this title and amending this section and sections 1172 and 1173 of this title] may be cited as the ‘Gambling Devices Act of 1962’.’’ SHORT TITLE Act Jan. 2, 1951, which enacted this chapter and a note set out under this section, is popularly known as the ‘‘Gambling Devices Transportation Act’’. SEPARABILITY Act Jan. 2, 1951, ch. 1194, § 8, 64 Stat. 1136, provided that: ‘‘If any provision of this Act [this chapter] or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other pro- visions or applications of the Act [this chapter] which can be given effect without the invalid provision or ap- plication, and to this end the provisions of this Act [this chapter] are declared to be severable.’’ § 1172. Transportation of gambling devices as un- lawful; exceptions; authority of Federal Trade Commission (a) General rule It shall be unlawful knowingly to transport any gambling device to any place in a State or a possession of the United States from any place outside of such State or possession: Provided, That this section shall not apply to transpor- tation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the ex- emption of such subdivision from the provisions of this section, nor shall this section apply to any gambling device used or designed for use at and transported to licensed gambling establish- ments where betting is legal under applicable State laws: Provided, further, That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is spe- cifically enumerated as lawful in a statute of that State. (b) Authority of Federal Trade Commission Nothing in this chapter shall be construed to interfere with or reduce the authority, or the ex- isting interpretation of the authority, of the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 et. seq.]. (c) Exception This section does not prohibit the transport of a gambling device to a place in a State or a pos- session of the United States on a vessel on a voyage, if— (1) use of the gambling device on a portion of that voyage is, by reason of subsection (b) of section 1175 of this title, not a violation of that section; and (2) the gambling device remains on board that vessel while in that State. (Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134; Pub. L. 87–840, § 4, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102–251, title II, § 202(a), Mar. 9, 1992, 106 Stat. 61.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see section 58 of this title and Tables. AMENDMENTS 1992—Pub. L. 102–251, § 202(a)(1), (3), (4), designated ex- isting provisions as subsecs. (a) and (b), inserted head- ings, and added subsec. (c). Pub. L. 102–251, § 202(a)(2), which directed that ‘‘, District of Columbia,’’ be struck out in subsec. (a), was executed by striking out ‘‘, the District of Colum- bia,’’ after ‘‘place in a State’’ and ‘‘outside of such State’’ to reflect the probable intent of Congress. 1962—Pub. L. 87–840 excepted gambling devices used or designed for use at and transported to licensed gam- bling establishments where betting is legal under State laws, and provided that it shall not be unlawful to