§ 1761. — Transportation or importation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1761]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 85--PRISON-MADE GOODS
Sec. 1761. Transportation or importation
(a) Whoever knowingly transports in interstate commerce or from any
foreign country into the United States any goods, wares, or merchandise
manufactured, produced, or mined, wholly or in part by convicts or
prisoners, except convicts or prisoners on parole, supervised release,
or probation, or in any penal or reformatory institution, shall be fined
under this title or imprisoned not more than two years, or both.
(b) This chapter shall not apply to agricultural commodities or
parts for the repair of farm machinery, nor to commodities manufactured
in a Federal, District of Columbia, or State institution for use by the
Federal Government, 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 manufactured, produced, or mined by convicts or prisoners
who--
(1) are participating in--one of not more than 50 non-Federal
prison work pilot projects designated by the Director of the Bureau
of Justice Assistance;
(2) have, in connection with such work, received 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, except that such wages may
be subject to deductions which shall not, in the aggregate, exceed
80 per centum of gross wages, and shall be limited 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 pursuant to State
statute, court order, or agreement 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 offenders, 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 prisoners shall not be qualified to receive any payments
for unemployment compensation while incarcerated, notwithstanding
any other provision 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 financial arrangements as a
result of participation in such employment.
(d) For the purposes of this section, the term ``State'' means a
State of the United States and any commonwealth, territory, or
possession of the United States.
(June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 90-351, title I,
Sec. 819(a), formerly Sec. 827(a), as added Pub. L. 96-157, Sec. 2, Dec.
27, 1979, 93 Stat. 1215, and renumbered Pub. L. 98-473, title II,
Sec. 609B(f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 98-473, title II,
Secs. 223(c), 609K, Oct. 12, 1984, 98 Stat. 2028, 2102; Pub. L. 100-17,
title I, Sec. 112(b)(3), Apr. 2, 1987, 101 Stat. 149; Pub. L. 101-647,
title XXIX, Sec. 2906, Nov. 29, 1990, 104 Stat. 4914; Pub. L. 102-393,
title V, Sec. 535(a), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 103-322,
title XXXIII, Secs. 330010(11), 330016(1)(H), Sept. 13, 1994, 108 Stat.
2144, 2147; Pub. L. 104-134, title I, Sec. 101(b) [title I, Sec. 136],
Apr. 26, 1996, 110 Stat. 1321-77, 1321-93; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104-294, title
VI, Secs. 601(a)(7), 607(h), Oct. 11, 1996, 110 Stat. 3498, 3512.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 396a, 396b (July 24,
1935, ch. 412, Sec. 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 subject matter and defined the
same offense. Section 396a of title 18, U.S.C., 1940 ed., was enacted
later and superseded 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 country 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 language apply to the entire chapter
and by permitting State institutions to manufacture goods for the
Federal Government and the District of Columbia and vice versa. In such
subsections, the words ``penal and correctional'' and ``penal or
correctional,'' preceding ``institutions'' and ``institution,''
respectively, were omitted as surplusage.
Minor changes in phraseology were made.
Amendments
1996--Subsec. (a). Pub. L. 104-294, Sec. 601(a)(7), substituted
``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, Sec. 607(h), added subsec. (d).
1994--Pub. L. 103-322, Sec. 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 appear in text subsequent to amendment of subsec.
(a) by Pub. L. 102-393. See 1992 Amendment note below.
Subsec. (c). Pub. L. 103-322, Sec. 330010(11), struck out ``and'' at
end of par. (1), substituted semicolon for period 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, Sec. 2906(1), (2), substituted
``In addition to the exceptions set forth in subsection (b) of this
section, this chapter shall not apply to goods, wares, or merchandise
manufactured, produced, 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 program 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 redesignated former pars. (1) to (3) as
(2) to (4), respectively.
Subsec. (c)(2)(B). Pub. L. 101-647, Sec. 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, Sec. 223(c), inserted ``,
supervised release,'' after ``parole''.
Subsec. (c). Pub. L. 98-473, Sec. 609K(a), substituted ``twenty''
for ``seven'' and ``Director of the Bureau of Justice Assistance'' for
``Administrator of the Law Enforcement Assistance Administration''.
Subsec. (d). Pub. L. 98-473, Sec. 609K(b), added subsec. (d).
1979--Subsec. (c). Pub. L. 90-351 added subsec. (c).
Effective Date of 1984 Amendment
Amendment by section 223(c) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of
Justice Assistance, other than those enumerated in section 3742(3)
through (6) of Title 42, The Public Health and Welfare, transferred to
Assistant Attorney General for Office of Justice Programs, see section
1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note
under section 3741 of Title 42.
Reports by Secretary of Labor
Pub. L. 101-647, title XXIX, Sec. 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 programs 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 Finance. 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, Sec. 819(c), formerly Sec. 827(c), as added
Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1215, renumbered and
amended Pub. L. 98-473, title II, Sec. 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; 41 U.S.C. 35), 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 consulted prior to the
initiation of any project qualifying 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 in skills, crafts,
or trades in which there is a surplus of available gainful labor in
the locality, or impair existing contracts for services.''
Section Referred to in Other Sections
This section is referred to in section 1762 of this title; title 41
section 35.
