18 U.S.C. § 1954 — Offer, acceptance, or solicitation to influ-

Page 470 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 1952A SHORT TITLE This section is popularly known as the ‘‘Travel Act’’. SAVINGS PROVISION Amendment by Pub. L. 91–513 not to affect or abate any prosecutions for any violation of law or any civil seizures or forfeitures and injunctive proceedings com- menced prior to the effective date of such amendment, and all administrative proceedings pending before the former Bureau of Narcotics and Dangerous Drugs on Oct. 27, 1970, were to be continued and brought to final determination in accord with laws and regulations in effect prior to Oct. 27, 1970, see section 702 of Pub. L. 91–513, set out as a Savings Provision note under sec- tion 321 of Title 21, Food and Drugs. [§ 1952A. Renumbered § 1958] [§ 1952B. Renumbered § 1959] § 1953. Interstate transportation of wagering par- aphernalia (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 num- bers, policy, bolita, or similar game shall be fined under this title or imprisoned for not more than five years or both. (b) This section shall not apply to (1) pari- mutuel 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 bet- ting 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 sport- ing 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 for- eign commerce of any newspaper or similar pub- lication, or (4) equipment, tickets, or materials used or designed for use within a State in a lot- tery conducted by that State acting under au- thority of State law, (5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured deposi- tory institution or an insured credit union, or (6) the transportation in foreign commerce to a destination in a foreign country of equipment, tickets, or materials designed to be used within that foreign country in a lottery which is au- thorized by the laws of that foreign country. (c) Nothing contained in this section shall cre- ate immunity from criminal prosecution under any laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Co- lumbia. (d) For purposes of this section— (1) the term ‘‘foreign country’’ means any empire, country, dominion, colony, or protec- torate, or any subdivision thereof (other than the United States, its territories or posses- sions); (2) the term ‘‘insured credit union’’ shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); (3) the term ‘‘insured depository institution’’ shall have the meaning given the term in sec- tion 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (4) the term ‘‘lottery’’— (A) means the pooling of proceeds derived from the sale of tickets or chances and allot- ting those proceeds or parts thereof by chance to one or more chance takers or tick- et purchasers; and (B) does not include the placing or accept- ing of bets or wagers on sporting events or contests; (5) the term ‘‘savings promotion raffle’’ means a contest in which the sole consider- ation required for a chance of winning des- ignated prizes is obtained by the deposit of a specified amount of money in a savings ac- count or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regula- tions that may from time to time be promul- gated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Fi- nancial Protection Act of 2010 (12 U.S.C. 5481)); and (6) the term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any terri- tory or possession of the United States. (Added Pub. L. 87–218, § 1, Sept. 13, 1961, 75 Stat. 492; amended Pub. L. 93–583, § 3, Jan. 2, 1975, 88 Stat. 1916; Pub. L. 96–90, § 2, Oct. 23, 1979, 93 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 113–251, § 5(2), Dec. 18, 2014, 128 Stat. 2891.) Editorial Notes AMENDMENTS 2014—Subsec. (b). Pub. L. 113–251, § 5(2)(A), substituted ‘‘(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an in- sured depository institution or an insured credit union, or (6)’’ for ‘‘or (5)’’. Subsecs. (d), (e). Pub. L. 113–251, § 5(2)(B), added sub- sec. (d) and struck out former subsecs. (d) and (e) which read as follows: ‘‘(d) For the purposes of this section (1) ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (2) ‘foreign coun- try’ means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions). ‘‘(e) For the purposes of this section ‘lottery’ means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket pur- chasers. ‘Lottery’ does not include the placing or ac- cepting of bets or wagers on sporting events or con- tests.’’ 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1979—Subsec. (b)(5). Pub. L. 96–90, § 2(1), added cl. (5). Subsecs. (d), (e). Pub. L. 96–90, § 2(2), added subsecs. (d) and (e). 1975—Subsec. (b)(4). Pub. L. 93–583 added cl. (4). § 1954. Offer, acceptance, or solicitation to influ- ence operations of employee benefit plan Whoever being— (1) an administrator, officer, trustee, custo- dian, counsel, agent, or employee of any em- Page 471 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1955 ployee welfare benefit plan or employee pen- sion benefit plan; or (2) an officer, counsel, agent, or employee of an employer or an employer any of whose em- ployees are covered by such plan; or (3) an officer, counsel, agent, or employee of an employee organization any of whose mem- bers are covered by such plan; or (4) a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan receives or agrees to receive or solicits any fee, kickback, commission, gift, loan, money, or thing of value because of or with intent to be in- fluenced with respect to, any of the actions, de- cisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, any fee, kickback, commission, gift, loan, money, or thing of value prohibited by this section, shall be fined under this title or imprisoned not more than three years, or both: Provided, That this section shall not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities ac- tually furnished or for services actually per- formed in the regular course of his duties as such person, administrator, officer, trustee, cus- todian, counsel, agent, or employee of such plan, employer, employee organization, or organiza- tion providing benefit plan services to such plan. As used in this section, the term (a) ‘‘any em- ployee welfare benefit plan’’ or ‘‘employee pen- sion benefit plan’’ means any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement Income Security Act of 1974, and (b) ‘‘employee organization’’ and ‘‘administrator’’ as defined respectively in sec- tions 3(4) and (3)(16) of the Employee Retirement Income Security Act of 1974. (Added Pub. L. 87–420, § 17(e), Mar. 20, 1962, 76 Stat. 42; amended Pub. L. 91–452, title II, § 225, Oct. 15, 1970, 84 Stat. 930; Pub. L. 93–406, title I, § 112(a)(2)(C), formerly § 111(a)(2)(C), Sept. 2, 1974, 88 Stat. 852, renumbered § 112(a)(2)(C), Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829. Title I of the Employee Retirement Income Security Act of 1974, referred to in text, is classified generally to subchapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. Section 3(4) of the Employee Retirement Income Se- curity Act of 1974, referred to in text, is classified to section 1002(4) of Title 29. Section (3)(16) of the Employee Retirement Income Security Act of 1974, referred to in text, probably means section 3(16) of the Employee Retirement In- come Security Act of 1974, which is classified to section 1002(16) of Title 29. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in first par. 1974—Pub. L. 93–406, § 112(a)(2)(C), formerly § 111(a)(2)(C), as renumbered by Pub. L. 117–328, sub- stituted ‘‘any employee welfare benefit plan or em- ployee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement In- come Security Act of 1974’’ for ‘‘any such plan subject to the provisions of the Welfare and Pension Plans Dis- closure Act, as amended’’ and ‘‘sections 3(4) and (3)(16) of the Employee Retirement Income Security Act of 1974’’ for ‘‘sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans Disclosure Act, as amended’’. 1970—Pub. L. 91–452 struck out letter designation ‘‘(a)’’ preceding first sentence and struck out subsec. (b) which related to the immunity from prosecution of any witness compelled to testify or produce evidence after claiming his privilege against self-incrimination. See section 6001 et seq. of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, see section 320(c) of Pub. L. 117–328, set out as a note under section 414 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–406 effective Jan. 1, 1975, except as provided in section 1031(b)(2) of Title 29, Labor, see section 1031 of Title 29. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under sections 6001 of this title. EFFECTIVE DATE Section effective 90 days after Mar. 20, 1962, see sec- tion 19 of Pub. L. 87–420, set out as a note under section 664 of this title. § 1955. Prohibition of illegal gambling businesses (a) Whoever conducts, finances, manages, su- pervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both. (b) As used in this section— (1) ‘‘illegal gambling business’’ means a gambling business which— (i) is a violation of the law of a State or political subdivision in which it is con- ducted; (ii) involves five or more persons who con- duct, finance, manage, supervise, direct, or own all or part of such business; and (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) ‘‘insured credit union’’ shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (3) ‘‘insured depository institution’’ shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (4) ‘‘gambling’’ includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.