18 U.S.C. § 1761 — Transportation or importation

Page 443 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1761 tively, and substituted ‘‘described in paragraph (1) or (2)’’ for ‘‘designated or enumerated in paragraph (1)’’ in each par. Subsec. (b). Pub. L. 109–177, § 602(a)(2), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Violation of this section, and attempts or conspiracies to commit such violations, shall be pun- ishable by a fine under this title or imprisonment not exceeding six months, or both.’’ Subsecs. (d) to (f). Pub. L. 109–177, § 602(a)(3), redesig- nated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: ‘‘The Secretary of the Treasury is authorized— ‘‘(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President or other person protected by the Secret Service and the temporary offices of the President and his staff or of any other person protected by the Secret Service, and ‘‘(2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President or other person protected by the Secret Service is or will be temporarily visiting.’’ 1994—Subsec. (b). Pub. L. 103–322, which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $500’’, was executed in subsec. (b) by substituting ‘‘under this title’’ for ‘‘not exceed- ing $500’’ to reflect the probable intent of Congress. 1984—Subsec. (f). Pub. L. 98–587 amended subsec. (f) generally, substituting ‘‘any person whom the United States Secret Service is authorized to protect under section 3056 of this title when such person has not de- clined such protection’’ for ‘‘any person authorized by section 3056 of this title or by Public Law 90–331, as amended, to receive the protection of the United States Secret Service when such person has not declined such protection pursuant to section 3056 of this title or pur- suant to Public Law 90–331, as amended’’. 1982—Pub. L. 97–308, § 1(a), substituted ‘‘Temporary residences and offices of the President and others’’ for ‘‘Temporary residence of the President’’ in section catchline. Subsec. (a)(1)(i). Pub. L. 97–308, § 1(b), made one’s pres- ence unlawful at designated temporary residences and temporary offices of any other person protected by the Secret Service. Subsec. (a)(1)(ii). Pub. L. 97–308, § 1(c), inserted ‘‘or other person protected by the Secret Service’’ after ‘‘President’’. Subsec. (d)(1). Pub. L. 97–308, § 1(d), authorized regula- tions for designation of the temporary residences and the temporary offices of any other person protected by the Secret Service. Subsec. (d)(2). Pub. L. 97–308, § 1(e), inserted ‘‘or other person protected by the Secret Service’’ after ‘‘Presi- dent’’. Subsec. (f). Pub. L. 97–308, § 1(f), added subsec. (f). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 85—PRISON-MADE GOODS Sec. 1761. Transportation or importation. 1762. Marking packages. § 1761. Transportation or importation (a) Whoever knowingly transports in inter- state commerce or from any foreign country into the United States any goods, wares, or mer- chandise manufactured, produced, or mined, wholly or in part by convicts or prisoners, ex- cept convicts or prisoners on parole, supervised release, or probation, or in any penal or reform- atory institution, shall be fined under this title or imprisoned not more than two years, or both. (b) This chapter shall not apply to agricul- tural commodities or parts for the repair of farm machinery, nor to commodities manufac- tured in a Federal, District of Columbia, or State institution for use by the Federal Govern- ment, or by the District of Columbia, or by any State or Political subdivision of a State or not- for-profit organizations. (c) In addition to the exceptions set forth in subsection (b) of this section, this chapter shall not apply to goods, wares, or merchandise manu- factured, produced, or mined by convicts or pris- oners who— (1) are participating in—one of not more than 50 prison work pilot projects designated by the Director of the Bureau of Justice As- sistance; (2) have, in connection with such work, re- ceived wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work was performed, ex- cept that such wages may be subject to deduc- tions which shall not, in the aggregate, exceed 80 per centum of gross wages, and shall be lim- ited as follows: (A) taxes (Federal, State, local); (B) reasonable charges for room and board, as determined by regulations issued by the chief State correctional officer, in the case of a State prisoner; (C) allocations for support of family pursu- ant to State statute, court order, or agree- ment by the offender; (D) contributions to any fund established by law to compensate the victims of crime of not more than 20 per centum but not less than 5 per centum of gross wages; (3) have not solely by their status as offend- ers, been deprived of the right to participate in benefits made available by the Federal or State Government to other individuals on the basis of their employment, such as workmen’s compensation. However, such convicts or pris- oners shall not be qualified to receive any pay- ments for unemployment compensation while incarcerated, notwithstanding any other pro- vision of the law to the contrary; and (4) have participated in such employment voluntarily and have agreed in advance to the specific deductions made from gross wages pursuant to this section, and all other finan- cial arrangements as a result of participation in such employment. (d) This section shall not apply to goods, wares, or merchandise manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the FPI Board of Directors, which are cur- rently, or would otherwise be, manufactured, produced, mined, or assembled outside the United States. (e) For the purposes of this section, the term ‘‘State’’ means a State of the United States and Page 444 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1761 any commonwealth, territory, or possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 90–351, title I, § 819(a), formerly § 827(a), as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1215, and renum- bered Pub. L. 98–473, title II, § 609B(f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 98–473, title II, §§ 223(c), 609K, Oct. 12, 1984, 98 Stat. 2028, 2102; Pub. L. 100–17, title I, § 112(b)(3), Apr. 2, 1987, 101 Stat. 149; Pub. L. 101–647, title XXIX, § 2906, Nov. 29, 1990, 104 Stat. 4914; Pub. L. 102–393, title V, § 535(a), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 103–322, title XXXIII, §§ 330010(11), 330016(1)(H), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub. L. 104–134, title I, § 101(b) [title I, § 136], Apr. 26, 1996, 110 Stat. 1321–77, 1321–93; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104–294, title VI, §§ 601(a)(7), 607(h), Oct. 11, 1996, 110 Stat. 3498, 3512; Pub. L. 112–55, div. B, title II, § 221, Nov. 18, 2011, 125 Stat. 621.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 396a, 396b (July 24, 1935, ch. 412, § 1, 49 Stat. 494; Oct. 14, 1940, ch. 872, 54 Stat. 1134; July 9, 1941, ch. 283, 55 Stat. 581). Section consolidates sections 396a and 396b of title 18, U.S.C., 1940 ed. Each section related to the same sub- ject matter and defined the same offense. Section 396a of title 18, U.S.C., 1940 ed., was enacted later and super- seded section 396b of title 18, U.S.C., 1940 ed. Reference to persons aiding, causing or assisting was omitted. Such persons are principals under section 2 of this title. Reference to states, territories, specific places, etc., were omitted. This was made possible by insertion of words ‘‘interstate commerce or from any foreign coun- try into the United States,’’ and by definitive section 10 of this title. Subsection (b) was rewritten to eliminate ambiguity and uncertainty by expressly making the exceptive lan- guage apply to the entire chapter and by permitting State institutions to manufacture goods for the Fed- eral Government and the District of Columbia and vice versa. In such subsections, the words ‘‘penal and cor- rectional’’ and ‘‘penal or correctional,’’ preceding ‘‘in- stitutions’’ and ‘‘institution,’’ respectively, were omit- ted as surplusage. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 2011—Subsec. (c)(1). Pub. L. 112–55, § 221(1), struck out ‘‘non-Federal’’ after ‘‘50’’. Subsecs. (d), (e). Pub. L. 112–55, § 221(2), (3), added sub- sec. (d) and redesignated former subsec. (d) as (e). 1996—Subsec. (a). Pub. L. 104–294, § 601(a)(7), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $50,000’’. Subsec. (b). Pub. L. 104–134 inserted ‘‘or not-for-profit organizations’’ after ‘‘of a State’’. Subsec. (d). Pub. L. 104–294, § 607(h), added subsec. (d). 1994—Pub. L. 103–322, § 330016(1)(H), which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $1,000’’, could not be executed because the phrase ‘‘not more than $1,000’’ did not ap- pear in text subsequent to amendment of subsec. (a) by Pub. L. 102–393. See 1992 Amendment note below. Subsec. (c). Pub. L. 103–322, § 330010(11), struck out ‘‘and’’ at end of par. (1), substituted semicolon for pe- riod at end of par. (2)(B), and inserted ‘‘and’’ at end of par. (3). 1992—Subsec. (a). Pub. L. 102–393 substituted ‘‘$50,000’’ for ‘‘$1,000’’ and ‘‘two years’’ for ‘‘one year’’. 1990—Subsec. (c). Pub. L. 101–647, § 2906(1), (2), sub- stituted ‘‘In addition to the exceptions set forth in sub- section (b) of this section, this chapter shall not apply to goods, wares, or merchandise manufactured, pro- duced, or mined by convicts or prisoners who’’ for ‘‘In addition to the exceptions set forth in subsection (b) of this section, this chapter shall also not apply to goods, wares, or merchandise manufactured, produced, or mined by convicts or prisoners participating in a pro- gram of not more than twenty pilot projects designated by the Director of the Bureau of Justice Assistance and who’’ in introductory provisions, added par. (1), and re- designated former pars. (1) to (3) as (2) to (4), respec- tively. Subsec. (c)(2)(B). Pub. L. 101–647, § 2906(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘reasonable charges for room and board as determined by regulations which shall be issued by the Chief State correctional officer;’’. 1987—Subsec. (d). Pub. L. 100–17 struck out subsec. (d) which read as follows: ‘‘Notwithstanding any law to the contrary, materials produced by convict labor may be used in the construction of any highways or portion of highways located on Federal-aid systems, as described in section 103 of title 23, United States Code.’’ 1984—Subsec. (a). Pub. L. 98–473, § 223(c), inserted ‘‘, supervised release,’’ after ‘‘parole’’. Subsec. (c). Pub. L. 98–473, § 609K(a), substituted ‘‘twenty’’ for ‘‘seven’’ and ‘‘Director of the Bureau of Justice Assistance’’ for ‘‘Administrator of the Law En- forcement Assistance Administration’’. Subsec. (d). Pub. L. 98–473, § 609K(b), added subsec. (d). 1979—Subsec. (c). Pub. L. 90–351 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 223(c) of Pub. L. 98–473 effec- tive Nov. 1, 1987, and applicable only to offenses com- mitted after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effec- tive Date note under section 3551 of this title. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) through (6) of Title 34, Crime Control and Law Enforcement, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of Title 34. REPORTS BY SECRETARY OF LABOR Pub. L. 101–647, title XXIX, § 2908, Nov. 29, 1990, 104 Stat. 4915, which required the Secretary of Labor to submit an annual report to Congress on compliance by State Prison Industry Enhancement Certification pro- grams with requirements set forth in section 1761(c) of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. See, also, page 123 of House Document No. 103–7. EXEMPTIONS TO FEDERAL RESTRICTIONS ON MARKETABILITY OF PRISON-MADE GOODS Pub. L. 90–351, title I, § 819(c), formerly § 827(c), as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1215, re- numbered and amended Pub. L. 98–473, title II, § 609B(f), (o), Oct. 12, 1984, 98 Stat. 2093, 2096, provided that: ‘‘The provisions of section 1761 of title 18, United States Code, and of the first section of the Act of June 30, 1936 (49 Stat. 2036; [former] 41 U.S.C. 35 [see 41 U.S.C. 6502]), commonly known as the Walsh-Healey Act, creating exemptions to Federal restrictions on marketability of prison-made goods, as amended from time to time, shall not apply unless— ‘‘(1) representatives of local union central bodies or similar labor union organizations have been con- sulted prior to the initiation of any project quali- fying of any exemption created by this section; and ‘‘(2) such paid inmate employment will not result in the displacement of employed workers, or be applied Page 445 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1791 in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services.’’ § 1762. Marking packages (a) All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or proba- tion, or in any penal or reformatory institution, when shipped or transported in interstate or for- eign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and lo- cation of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package. (b) Whoever violates this section shall be fined under this title, and any goods, wares, or mer- chandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and con- demned by like proceedings as those provided by law for the seizure and forfeiture of property im- ported into the United States contrary to law. (June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 102–393, title V, § 535(b), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(7), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 396c, 396d, 396e (July 24, 1935, ch. 412, §§ 2, 3, 4, 49 Stat. 494, 495). Section consolidates sections 396c, 396d, and 396e of title 18, U.S.C., 1940 ed. Words ‘‘upon conviction thereof’’ were deleted as un- necessary, since punishment cannot be imposed until after conviction. Words ‘‘transported in violation of this section or section 1761’’ were added after the word ‘‘merchandise’’ to continue existing law. The provisions of said section 396e of title 18, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 3237 of this title. Minor changes were made in translations and phrase- ology. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $50,000’’. 1994—Pub. L. 103–322, which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $1,000’’, could not be executed because the phrase ‘‘not more than $1,000’’ did not appear in text subsequent to amendment of subsec. (b) by Pub. L. 102–393. See 1992 Amendment note below. 1992—Subsec. (b). Pub. L. 102–393 substituted ‘‘$50,000’’ for ‘‘$1,000’’. CHAPTER 87—PRISONS Sec. 1791. Providing or possessing contraband in prison. 1792. Mutiny and riot prohibited. 1793. Trespass on Bureau of Prisons reservations and land. Editorial Notes AMENDMENTS 1986—Pub. L. 99–646, § 64(b), Nov. 10, 1986, 100 Stat. 3614, added item 1793. 1984—Pub. L. 98–473, title II, § 1109(c), Oct. 12, 1984, 98 Stat. 2148, amended analysis generally by revising items 1791 and 1792, and by inserting a second chapter heading which was not executed to text as redundant. § 1791. Providing or possessing contraband in prison (a) OFFENSE.—Whoever— (1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; or (2) being an inmate of a prison, makes, pos- sesses, or obtains, or attempts to make or ob- tain, a prohibited object; shall be punished as provided in subsection (b) of this section. (b) PUNISHMENT.—The punishment for an of- fense under this section is a fine under this title or— (1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section; (2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section; (3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section; (4) imprisonment for not more than one year, or both, if the object is specified in sub- section (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and (5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section. (c) CONSECUTIVE PUNISHMENT REQUIRED IN CER- TAIN CASES.—Any punishment imposed under subsection (b) for a violation of this section in- volving a controlled substance shall be consecu- tive to any other sentence imposed by any court for an offense involving such a controlled sub- stance. Any punishment imposed under sub- section (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation. (d) DEFINITIONS.—As used in this section— (1) the term ‘‘prohibited object’’ means— (A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled sub- stance referred to in subparagraph (C) of this subsection; (B) marijuana or a controlled substance in schedule III, other than a controlled sub- stance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison; (C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lyser- gic acid diethylamide, or phencyclidine; (D) a controlled substance (other than a controlled substance referred to in subpara- graph (A), (B), or (C) of this subsection) or an alcoholic beverage; (E) any United States or foreign currency;