APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT SEC. 10. The provisions of the Administrative Procedure Act (5 U.S.C. 1001 and the following) shall apply to all administrative proceedings conducted pursuant to the authority contained in this Act. JUDICIAL REVIEW SEC. 11. Any person aggrieved by any order of the Secretary in refusing to issue or renew, or in suspending or revoking, a certificate of registration may obtain a review of any such order by filing in the district court of the United States for the district wherein such person resides or has his principal place of business, or in the United States District Court for the District of Columbia, and serving upon the Secretary, within thirty days after the entry of such order, a written petition praying that the order of the Secretary be modified or set aside in whole or in part. Upon receipt of any such petition, the Secretary shall file in such court a full, true, and correct copy of the transcript of the proceedings upon which the order complained of was entered. Upon the filing of such petition and receipt of such transcript, such court shall have jurisdiction to affirm, set aside, modify, or enforce such order, in whole or in part. In any such review, the findings of fact of the Secretary shall not be set aside if supported by substantial evidence. The judgment and decree of the court shall be final, subject to review as provided in sections 1254 and 1291 of title 28, United States Code. STATE LAWS AND REGULATIONS SEC. 12. This Act and the provisions contained herein are intended to supplement State action and compliance with this Act shall not excuse anyone from compliance with appropriate State law and regulation. SEVERABILITY SEC. 13. If any provision of this Act, or the application thereof to any person or circumstance, shall be held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. RULES AND REGULATIONS SEC. 14. The Secretary is authorized to issue such rules and regulations as he determines necessary for the purpose of carrying out the provisions of sections 4, 5, 6, and 8 of this Act. EFFECTIVE DATE SEC. 15. The provisions of this Act shall become effective on January 1 1965. Approved September 7, 1964. ANTI-STRIKE BREAKER LAW (BYRNES ACT) 18 U.S.C. § 1231, 48 Stat. 1899 Summary and Description The Anti-Strikebreaker Law makes it a felony to transport in interstate commerce any person employed for the purpose of interfering by force or threats with: a. Peaceful picketing by employees during any labor dispute affecting wages, hours, or working conditions; or b. Exercise of employee rights of self-organization or collective bargaining. The act applies to persons who willfully transport others or cause others to be transported, and to persons knowingly transported for these purposes. It does not apply to common carriers. The U.S. Department of Justice is charged with prosecuting violators, who are subject to a maximum fine of $5,000, imprisonment up to 2 years, or both. Text of Act (Section Numbers refer to United States Code) § 1231. Transportation of strikebreakers. Whoever willfully transports in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstructing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of labor, or (2) the exercise by employees of any of the rights of self-organization or collective bargaining; or Whoever is knowingly transported or travels in interstate or foreign commerce for any of the purposes enumerated in this section— Shall be fined not more than $5,000 or imprisoned not more than two years, or both. This section shall not apply to common carriers. (June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949, ch. 139, § 30, 63 Stat. 94.) (173) ANTI-RACKETEERING ACT (HOBBS ACT) 18 U.S.C. §§ 1951-55 as amended Summary and Description The Anti-Racketeering Law makes it a felony to obstruct, delay, or affect commerce, or the movement of any article or commodity in commerce, by robbery or extortion. The act also makes it a felony to act in concert with others to do anything in violation of the above, or to participate in any attempt at such violation, or to commit or threaten physical violence to any person or property in furtherance of any plan to commit such violation. The provisions of the Anti-Injunction Act, Railway Labor Act, and National Labor Relations Act are specifically preserved. The U.S. Department of Justice is charged with prosecuting violators, who are subject to a maximum fine of $10,000, imprisonment for a maximum of 20 years, or both. Text of Act (Section numbers refer to U.S. Code) § 1951. Interference with commerce by threats or violence. (a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. (b) As used in this section— (1) The term "robbery" means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining. (2) The term "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. (3) The term "commerce" means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction. (c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101-115, 151-166 of Title 29 or sections 151-188 of Title 45. (June 25, 1948, ch. 645, 62 Stat. 793.) § 1952. Interstate and foreign travel or transportation in aid of racketeering enterprises. (a) Whoever travels in interstate or foreign commerce or uses any facilitiy 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, and thereafter performs or attempts to perform any of the acts specified 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 controlled substances (as defined in section 102(6) of the Controlled Substances Act) or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, or (2) extortion, bribery, or arson 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 shall be conducted under the supervision of the Secretary of the Treasury. (Added Pub. L. 87-228, § 1(a), Sept. 13, 1961, 75 Stat. 498, and amended Pub. L. 89-68, July 7, 1965, 79 Stat. 212; Pub. L. 91-513, title II, § 701 (i) (2), Oct. 27, 1970, 84 Stat. 1282.) § 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 |