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Public Law 86-673
July 14, 1960
74 STAT. 553. To amend the Act of July 27, 1956, with respect to the detention of mail for
temporary periods in the public interest, 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 Act of Postal service. July 27, 1956 (76 Stat. 699; Public Law 821, Eighty-fourth Congress; Detention of
mail. 39 U.S.C. 259b and 259c), is amended to read as follows:
"(a) In preparation for or during the pendency of proceedings under section 3929 of the Revised Statutes (17 Stat. 322; 39 U.S.C. 259), as amended and extended by the Act of March 2, 1895 (28 Stat. 964; 39 U.S.C. 259), section 4041 of the Revised Statutes (17 Stat. 323; 39 U.S.C. 732), as amended, and the Act of August 16, 1950 (64 Stat. 451; 39 U.S.C. 259a), the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postmaster General and upon a showing of probable cause to believe the statute is being violated, enter a temporary restraining order and preliminary injunction pursuant to rule 65 of the Federal Rules of Civil Procedure directing the deten- 28 USC App. tion of the defendant's incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. Any such order, in the discretion of the district court, may provide that the detained mail be open to examination by the defendant and such mail delivered as is clearly not connected with the alleged unlawful activity. Any action taken by a court hereunder shall not be deemed to affect or determine any fact at issue in the statutory proceedings.
"(b) The provisions of subsection (a) of this section shall not apply to mail addressed to publishers of publications which have entry as second-class matter under the Act of March 3, 1879, as amended (20 Stat. 358; 39 U.S.C. 221, and the following), or to mail addressed to the agents of such publishers.”
Approved July 14, 1960.
86th Congress, S. 2932
74 STAT. 738.
To provide for credit for service of sentence for time spent in custody for want of bail prior to the imposition of sentence by the sentencing court where the statute requires the imposition of a minimum mandatory sentence.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Criminal proce3568 of title 18, United States Code, is amended to read as follows: dure.
"3568. Effective date of sentence; credit for time in custody prior to the imposition of sentence.
"The sentence of imprisonment of any person convicted of an offense Credit for time in a court of the United States shall commence to run from the date in custody. on which such person is received at the penitentiary, reformatory, or jail for service of said sentence: Provided, That the Attorney General shall give any such person credit toward service of his sentence for any days spent in custody prior to the imposition of sentence by the sentencing court for want of bail set for the offense under which sentence was imposed where the statute requires the imposition of a minimum mandatory sentence.
"If any such person shall be committed to a jail or other place of detention to await transportation to the place at which his sentence is to be served, his sentence shall commence to run from the date on which he is received at such jail or other place of detention.
"No sentence shall prescribe any other method of computing the term."
(b) Item 3568 of the analysis of chapter 227, immediately preceding section 3561 of title 18, United States Code, is amended to read as follows:
3568. Effective date of sentence; credit for time in custody prior to imposition of sentence."
SEC. 2. The amendments made by the first section of this Act shall Effective date. be effective only with respect to persons sentenced to imprisonment on or after the thirtieth day after the date of enactment of this Act.
Approved September 2, 1960.
86th Congress, s. 1764
74 STAT. 878.
To amend title 32, United States Code, to authorize the payment of certain
claims against the National Guard.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 7 of National Guard. title 32, United States Code, is amended
claims against (1) by adding the following new section at the end thereof: “8 715. Property loss; personal injury or death: activities under
certain sections of this title "(a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000 a claim against the United States for
"(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
“(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard;
“(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training 70A Stat. 605, or duty under section 316, 502, 503, 504, or 505 of this title or any 610, 611. other provision of law for which he is entitled to pay under section 301 of title 37, or for which he has waived that pay, and 63 Stat. 825. acting within the scope of his employment; caused by a person employed under section 709 of this title acting within the scope 70A Stat. 614. of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections. “(b) A claim may be allowed under subsection (a) only if
""(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and good cause is shown, the claim
may be presented not later than two years after the war or armed conflict is terminated;
“(2) it is not covered by section 2734 of title 10 or section 2672 72 Stat. 14613 of title 28;
“(3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or 70A Stat. 614.
. . death is incident to his service;
"(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and
“(5) it is substantiated as prescribed in regulations of the
Secretary concerned. For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
"(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico.
62 Stat. 983.
74 STAT. 879.
"(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration.
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
“(f) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to
any officer of the Army or the Air Force, as the case may be, who has 72 stat. 813. been delegated authority under section 2733(g) of title 10' to settle
“(g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive.
“(h) In this section, 'settle' means consider, ascertain, adjust; determine, and dispose of a claim, whether by full or partial allowance or disallowance."; and
(2) by adding the following new item at the end of the analysis:
of this title."
87th Congress, s. 1656
75 STAT. 491. To amend chapter 50 of title 18, United States Code, with respect to the trans
mission of bets, wagers, and related information.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress (188embled, That section 1081 Wagering inof title 18 of the United States Code is amended by adding the formation: following paragraph:
63 Stat. 92. "The term 'wire communication facility' means any and all instrumentalities, personnel, and services (among other things, the receipt, "Wire communiforwarding, or delivery of communications) used or useful in the cation facility." 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 18 USC 1081section 108+ as follows:
1083. "g 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