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Online Attorney
30016(1)(K), substituted
"fined under this title" for "fined not more than $5,000" after
"subsection (a)(2) shall be".
Pub. L. 103-322, Sec. 330016(1)(L), substituted "fined under this
title" for "fined not more than $10,000" after "subsection (a)(1)
shall be" and after "results, shall be".
Pub. L. 103-322, Sec. 320101(e)(3), inserted "the assault
involved the use of a dangerous weapon, or" before "personal injury
results".
Pub. L. 103-322, Sec. 320101(e)(2), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(K), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(12)(D).
Pub. L. 103-322, Sec. 320101(e)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(12)(D).
1982 - Pub. L. 97-285, Sec. 4(a), inserted "and Presidential
staff" after "Presidential" in section catchline.
Subsec. (a). Pub. L. 97-285, Sec. 3(a), inserted "(1)" after
"Whoever kills" and "or (2) any person appointed under section
105(a)(2)(A) of title 3 employed in the Executive Office of the
President or appointed under section 106(a)(1)(A) of title 3
employed in the Office of the Vice President," after "laws of the
United States".
Subsec. (e). Pub. L. 97-285, Sec. 3(b), substituted "(a)(1)" for
"(a)" and inserted provision that whoever assaults any person
designated in subsec. (a)(2) of this section shall be fined not
more than $5,000, or imprisoned not more than one year, or both;
and if personal injury results, shall be fined not more than
$10,000, or imprisoned not more than ten years, or both.
Subsec. (g). Pub. L. 97-285, Sec. 3(c), substituted "subsection
(a)(1)" for "this section" after "a violation of".
Subsecs. (j), (k). Pub. L. 97-285, Sec. 3(d), added subsecs. (j)
and (k).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 209, 1956, 2332b, 2339A,
2516, 3286, 4247 of this title; title 5 section 8112.
-End-
-CITE-
18 USC Sec. 1752 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,
KIDNAPPING, AND ASSAULT
-HEAD-
Sec. 1752. Temporary residences and offices of the President and
others
-STATUTE-
(a) It shall be unlawful for any person or group of persons -
(1) willfully and knowingly to enter or remain in
(i) any building or grounds designated by the Secretary of
the Treasury as temporary residences of the President or other
person protected by the Secret Service or as temporary offices
of the President and his staff or of any other person protected
by the Secret Service, or
(ii) any posted, cordoned off, or otherwise restricted area
of a building or grounds where the President or other person
protected by the Secret Service is or will be temporarily
visiting,
in violation of the regulations governing ingress or egress
thereto:
(2) with intent to impede or disrupt the orderly conduct of
Government business or official functions, to engage in
disorderly or disruptive conduct in, or within such proximity to,
any building or grounds designated in paragraph (1) when, or so
that, such conduct, in fact, impedes or disrupts the orderly
conduct of Government business or official functions;
(3) willfully and knowingly to obstruct or impede ingress or
egress to or from any building, grounds, or area designated or
enumerated in paragraph (1); or
(4) willfully and knowingly to engage in any act of physical
violence against any person or property in any building, grounds,
or area designated or enumerated in paragraph (1).
(b) Violation of this section, and attempts or conspiracies to
commit such violations, shall be punishable by a fine under this
title or imprisonment not exceeding six months, or both.
(c) Violation of this section, and attempts or conspiracies to
commit such violations, shall be prosecuted by the United States
attorney in the Federal district court having jurisdiction of the
place where the offense occurred.
(d) 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.
(e) None of the laws of the United States or of the several
States and the District of Columbia shall be superseded by this
section.
(f) As used in this section, the term "other person protected by
the Secret Service" means any person whom the United States Secret
Service is authorized to protect under section 3056 of this title
when such person has not declined such protection.
-SOURCE-
(Added Pub. L. 91-644, title V, Sec. 18, Jan. 2, 1971, 84 Stat.
1891; amended Pub. L. 97-308, Sec. 1, Oct. 14, 1982, 96 Stat. 1451;
Pub. L. 98-587, Sec. 3(b), Oct. 30, 1984, 98 Stat. 3112; Pub. L.
103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat.
2147.)
-MISC1-
AMENDMENTS
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 exceeding $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 declined 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 pursuant to Public Law 90-331, as amended".
1982 - Pub. L. 97-308, Sec. 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, Sec. 1(b), made one's presence
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, Sec. 1(c), inserted "or other
person protected by the Secret Service" after "President".
Subsec. (d)(1). Pub. L. 97-308, Sec. 1(d), authorized regulations
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, Sec. 1(e), inserted "or other
person protected by the Secret Service" after "President".
Subsec. (f). Pub. L. 97-308, Sec. 1(f), added subsec. (f).
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating 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 Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3056 of this title.
-End-
-CITE-
18 USC CHAPTER 85 - PRISON-MADE GOODS 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 85 - PRISON-MADE GOODS
-HEAD-
CHAPTER 85 - PRISON-MADE GOODS
-MISC1-
Sec.
1761. Transportation or importation.
1762. Marking packages.
-End-
-CITE-
18 USC Sec. 1761 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 85 - PRISON-MADE GOODS
-HEAD-
Sec. 1761. Transportation or importation
-STATUTE-
(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.
-SOURCE-
(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.)
-MISC1-
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.
-TRANS-
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.
-MISC2-
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 uni
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