Notes on 18 U.S.C. § 1961 : US Code - Notes

Search Notes on 18 U.S.C. § 1961 : US Code - Notes

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
Stat. 941; amended Pub. L. 95-575, Sec. 3(c), Nov. 2, 1978, 92
Stat. 2465; Pub. L. 95-598, title III, Sec. 314(g), Nov. 6, 1978,
92 Stat. 2677; Pub. L. 98-473, title II, Secs. 901(g), 1020, Oct.
12, 1984, 98 Stat. 2136, 2143; Pub. L. 98-547, title II, Sec. 205,
Oct. 25, 1984, 98 Stat. 2770; Pub. L. 99-570, title I, Sec.
1365(b), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L. 99-646, Sec.
50(a), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title VII,
Secs. 7013, 7020(c), 7032, 7054, 7514, Nov. 18, 1988, 102 Stat.
4395, 4396, 4398, 4402, 4489; Pub. L. 101-73, title IX, Sec. 968,
Aug. 9, 1989, 103 Stat. 506; Pub. L. 101-647, title XXXV, Sec.
3560, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103-322, title IX,
Sec. 90104, title XVI, Sec. 160001(f), title XXXIII, Sec.
330021(1), Sept. 13, 1994, 108 Stat. 1987, 2037, 2150; Pub. L. 103-
394, title III, Sec. 312(b), Oct. 22, 1994, 108 Stat. 4140; Pub.
L. 104-132, title IV, Sec. 433, Apr. 24, 1996, 110 Stat. 1274; Pub.
L. 104-153, Sec. 3, July 2, 1996, 110 Stat. 1386; Pub. L. 104-208,
div. C, title II, Sec. 202, Sept. 30, 1996, 110 Stat. 3009-565;
Pub. L. 104-294, title VI, Secs. 601(b)(3), (i)(3), 604(b)(6), Oct.
11, 1996, 110 Stat. 3499, 3501, 3506; Pub. L. 107-56, title VIII,
Sec. 813, Oct. 26, 2001, 115 Stat. 382; Pub. L. 107-273, div. B,
title IV, Sec. 4005(f)(1), Nov. 2, 2002, 116 Stat. 1813; Pub. L.
108-193, Sec. 5(b), Dec. 19, 2003, 117 Stat. 2879; Pub. L. 108-458,
title VI, Sec. 6802(e), Dec. 17, 2004, 118 Stat. 3767; Pub. L. 109-
164, title I, Sec. 103(c), Jan. 10, 2006, 119 Stat. 3563.)
REFERENCES IN TEXT
Section 102 of the Controlled Substances Act, referred to in par.
(1)(A), (D), is classified to section 802 of Title 21, Food and
Drugs.
The Currency and Foreign Transactions Reporting Act, referred to
in par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84
Stat. 1118, which was repealed and reenacted as subchapter II of
chapter 53 of Title 31, Money and Finance, by Pub. L. 97-258, Sec.
4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31.
The Immigration and Nationality Act, referred to in par. (1)(F),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title
8, Aliens and Nationality. Sections 274, 277, and 278 of the Act
are classified to sections 1324, 1327, and 1328 of Title 8,
respectively. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and
Tables.
The effective date of this chapter, referred to in par. (5), is
Oct. 15, 1970.
AMENDMENTS
2006 - Par. (1)(B). Pub. L. 109-164 substituted "1581-1592" for
"1581-1591".
2004 - Par. (1)(B). Pub. L. 108-458 inserted "sections 175-178
(relating to biological weapons), sections 229-229F (relating to
chemical weapons), section 831 (relating to nuclear materials),"
before "(C) any act which is indictable under title 29".
2003 - Par. (1)(B). Pub. L. 108-193, which directed amendment of
par. (1)(A) of this section by substituting "sections 1581-1591
(relating to peonage, slavery, and trafficking in persons)." for
"sections 1581-1588 (relating to peonage and slavery)", was
executed by making the substitution in par. (1)(B) to reflect the
probable intent of Congress.
2002 - Par. (1)(G). Pub. L. 107-273 made technical amendment to
directory language of Pub. L. 107-56. See 2001 Amendment note
below.
2001 - Par. (1)(G). Pub. L. 107-56, as amended by Pub. L. 107-
273, which directed addition of cl. (G) before period at end, was
executed by making the addition before the semicolon at end to
reflect the probable intent of Congress.
1996 - Par. (1)(B). Pub. L. 104-294, Sec. 604(b)(6), amended
directory language of Pub. L. 103-322, Sec. 160001(f). See 1994
Amendment note below.
Pub. L. 104-294, Sec. 601(i)(3), substituted "2260" for "2258".
Pub. L. 104-208 struck out "if the act indictable under section
1028 was committed for the purpose of financial gain" before ",
section 1029", inserted "section 1425 (relating to the procurement
of citizenship or nationalization unlawfully), section 1426
(relating to the reproduction of naturalization or citizenship
papers), section 1427 (relating to the sale of naturalization or
citizenship papers)," after "section 1344 (relating to financial
institution fraud),", struck out "if the act indictable under
section 1542 was committed for the purpose of financial gain"
before ", section 1543", "if the act indictable under section 1543
was committed for the purpose of financial gain" before ", section
1544", "if the act indictable under section 1544 was committed for
the purpose of financial gain" before ", section 1546", and "if the
act indictable under section 1546 was committed for the purpose of
financial gain" before ", sections 1581-1588".
Pub. L. 104-153 inserted ", section 2318 (relating to trafficking
in counterfeit labels for phonorecords, computer programs or
computer program documentation or packaging and copies of motion
pictures or other audiovisual works), section 2319 (relating to
criminal infringement of a copyright), section 2319A (relating to
unauthorized fixation of and trafficking in sound recordings and
music videos of live musical performances), section 2320 (relating
to trafficking in goods or services bearing counterfeit marks)"
after "sections 2314 and 2315 (relating to interstate
transportation of stolen property)".
Pub. L. 104-132, Sec. 433(1), (2), inserted "section 1028
(relating to fraud and related activity in connection with
identification documents) if the act indictable under section 1028
was committed for the purpose of financial gain," before "section
1029" and "section 1542 (relating to false statement in application
and use of passport) if the act indictable under section 1542 was
committed for the purpose of financial gain, section 1543 (relating
to forgery or false use of passport) if the act indictable under
section 1543 was committed for the purpose of financial gain,
section 1544 (relating to misuse of passport) if the act indictable
under section 1544 was committed for the purpose of financial gain,
section 1546 (relating to fraud and misuse of visas, permits, and
other documents) if the act indictable under section 1546 was
committed for the purpose of financial gain, sections 1581-1588
(relating to peonage and slavery)," after "section 1513 (relating
to retaliating against a witness, victim, or an informant),".
Par. (1)(D). Pub. L. 104-294, Sec. 601(b)(3), substituted
"section 157 of this title" for "section 157 of that title".
Par. (1)(F). Pub. L. 104-132, Sec. 433(3), (4), which directed
addition of cl. (F) before period at end, was executed by making
the addition before the semicolon at end to reflect the probable
intent of Congress.
1994 - Par. (1)(A). Pub. L. 103-322, Sec. 330021(1), substituted
"kidnapping" for "kidnaping".
Pub. L. 103-322, Sec. 90104, substituted "a controlled substance
or listed chemical (as defined in section 102 of the Controlled
Substances Act)" for "narcotic or other dangerous drugs".
Par. (1)(B). Pub. L. 103-322, Sec. 160001(f), as amended by Pub.
L. 104-294, Sec. 604(b)(6), substituted "2251, 2251A, 2252, and
2258" for "2251-2252".
Par. (1)(D). Pub. L. 103-394 inserted "(except a case under
section 157 of that title)" after "title 11".
Pub. L. 103-322, Sec. 90104, substituted "a controlled substance
or listed chemical (as defined in section 102 of the Controlled
Substances Act)" for "narcotic or other dangerous drugs".
1990 - Par. (1)(B). Pub. L. 101-647 substituted "section 1029
(relating to" for "section 1029 (relative to" and struck out
"sections 2251 through 2252 (relating to sexual exploitation of
children)," before ", section 1958".
1989 - Par. (1). Pub. L. 101-73 inserted "section 1344 (relating
to financial institution fraud)," after "section 1343 (relating to
wire fraud),".
1988 - Par. (1)(B). Pub. L. 100-690, Sec. 7514, inserted
"sections 2251 through 2252 (relating to sexual exploitation of
children),".
Pub. L. 100-690, Sec. 7054, inserted ", section 1029 (relative to
fraud and related activity in connection with access devices)" and
", section 1958 (relating to use of interstate commerce facilities
in the commission of murder-for-hire), sections 2251-2252 (relating
to sexual exploitation of children)".
Pub. L. 100-690, Sec. 7032, substituted "section 2321" for
"section 2320".
Pub. L. 100-690, Sec. 7013, made technical amendment to directory
language of Pub. L. 99-646. See 1986 Amendment note below.
Par. (10). Pub. L. 100-690, Sec. 7020(c), inserted "the Associate
Attorney General of the United States," after "Deputy Attorney
General of the United States,".
1986 - Par. (1)(B). Pub. L. 99-646, as amended by Pub. L. 100-
690, Sec. 7013, inserted "section 1512 (relating to tampering with
a witness, victim, or an informant), section 1513 (relating to
retaliating against a witness, victim, or an informant)," after
"section 1511 (relating to the obstruction of State or local law
enforcement),".
Pub. L. 99-570 inserted "section 1956 (relating to the laundering
of monetary instruments), section 1957 (relating to engaging in
monetary transactions in property derived from specified unlawful
activity),".
1984 - Par. (1)(A). Pub. L. 98-473, Sec. 1020(1), inserted
"dealing in obscene matter," after "extortion,".
Par. (1)(B). Pub. L. 98-547 inserted "sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),"
and "section 2320 (relating to trafficking in certain motor
vehicles or motor vehicle parts),".
Pub. L. 98-473, Sec. 1020(2), inserted "sections 1461-1465
(relating to obscene matter),".
Par. (1)(E). Pub. L. 98-473, Sec. 901(g), added cl. (E).
1978 - Par. (1)(B). Pub. L. 95-575 inserted "sections 2341-2346
(relating to trafficking in contraband cigarettes),".
Par. (1)(D). Pub. L. 95-598 substituted "fraud connected with a
case under title 11" for "bankruptcy fraud".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(1), Nov. 2, 2002,
116 Stat. 1813, provided that the amendment made by section
4005(f)(1) is effective Oct. 26, 2001.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 604(b)(6) of 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.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11,
Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-
394, set out as a note under section 101 of Title 11.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4
of Pub. L. 95-575, set out as an Effective Date note under section
2341 of this title.
SHORT TITLE OF 1984 AMENDMENT
Section 301 of chapter III (Secs. 301-322) of title II of Pub. L.
98-473 provided that: "This title [probably means this chapter,
enacting sections 1589, 1600, 1613a, and 1616 of Title 19, Customs
Duties and sections 853, 854, and 970 of Title 21, Food and Drugs,
amending section 1963 of this title and sections 1602, 1605, 1606,
1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, 1619,
and 1644 of Title 19, sections 824, 848, and 881 of Title 21, and
section 524 of Title 28, Judiciary and Judicial Procedure, and
repealing section 7607 of Title 26, Internal Revenue Code] may be
cited as the 'Comprehensive Forfeiture Act of 1984'."
SHORT TITLE
Section 1 of Pub. L. 91-452 provided in part: "That this Act
[enacting this section, sections 841 to 848, 1511, 1623, 1955, 1962
to 1968, 3331 to 3334, 3503, 3504, 3575 to 3578, and 6001 to 6005
of this title, and section 1826 of Title 28, Judiciary and Judicial
Procedure, amending sections 835, 1073, 1505, 1954, 2424, 2516,
2517, 3148, 3486, and 3500 of this title, sections 15, 87f, 135c,
499m, and 2115 of Title 7, Agriculture, section 25 of Title 11,
Bankruptcy, section 1820 of Title 12, Banks and Banking, sections
49, 77v, 78u, 79r, 80a-41, 80b-9, 155, 717m, 1271, and 1714 of
Title 15, Commerce and Trade, section 825f of Title 16,
Conservation, section 1333 of Title 19, Customs Duties, section 373
of Title 21, Food and Drugs, section 161 of Title 29, Labor,
section 506 of Title 33, Navigation and Navigable Waters, sections
405 and 2201 of Title 42, The Public Health and Welfare, sections
157 and 362 of Title 45, Railroads, section 1124 of former Title
46, Shipping, section 409 of Title 47, Telegraphs, Telephones, and
Radio telegraphs, sections 9, 43, 46, 916, 1017, and 1484 of former
Title 49, Transportation, section 792 of Title 50, War and National
Defense, and sections 643a, 1152, 2026, and former section 2155 of
Title 50, Appendix, repealing sections 837, 895, 1406, and 2514 of
this title, sections 32 and 33 of Title 15; sections 4874 and 7493
of Title 26, Internal Revenue Code, section 827 of former Title 46,
sections 47 and 48 of former Title 49, and sections 121 to 144 of
Title 50, enacting provisions set out as notes under this section
and sections 841, 1511, 1955, preceding 3331, preceding 3481, 3504,
and 6001 of this title, and repealing provisions set out as a note
under section 2510 of this title] may be cited as the 'Organized
Crime Control Act of 1970'."
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
et seq.), or section 2516, 3057, or 3284 of this title to any act
of any person (1) committed before Oct. 1, 1979, or (2) committed
after Oct. 1, 1979, in connection with a case commenced before such
date, see section 403(d) of Pub. L. 95-598, set out as a note
preceding section 101 of Title 11, Bankruptcy.
SEPARABILITY
Section 1301 of Pub. L. 91-452 provided that: "If the provisions
of any part of this Act [see Short Title note set out above] or the
application thereof to any person or circumstances be held invalid,
the provisions of the other parts and their application to other
persons or circumstances shall not be affected thereby."
CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE
Section 1 of Pub. L. 91-452 provided in part that:
"The Congress finds that (1) organized crime in the United States
is a highly sophisticated, diversified, and widespread activity
that annually drains billions of dollars from America's economy by
unlawful conduct and the illegal use of force, fraud, and
corruption; (2) organized crime derives a major portion of its
power through money obtained from such illegal endeavors as
syndicated gambling, loan sharking, the theft and fencing of
property, the importation and distribution of narcotics and other
dangerous drugs, and other forms of social exploitation; (3) this
money and power are increasingly used to infiltrate and corrupt
legitimate business and labor unions and to subvert and corrupt our
democratic processes; (4) organized crime activities in the United
States weaken the stability of the Nation's economic system, harm
innocent investors and competing organizations, interfere with free
competition, seriously burden interstate and foreign commerce,
threaten the domestic security, and undermine the general welfare
of the Nation and its citizens; and (5) organized crime continues
to grow because of defects in the evidence-gathering process of the
law inhibiting the development of the legally admissible evidence
necessary to bring criminal and other sanctions or remedies to bear
on the unlawful activities of those engaged in organized crime and
because the sanctions and remedies available to the Government are
unnecessarily limited in scope and impact.
"It is the purpose of this Act [see Short Title note above] to
seek the eradication of organized crime in the United States by
strengthening the legal tools in the evidence-gathering process, by
establishing new penal prohibitions, and by providing enhanced
sanctions and new remedies to deal with the unlawful activities of
those engaged in organized crime."
LIBERAL CONSTRUCTION OF PROVISIONS; SUPERSEDURE OF FEDERAL OR STATE
LAWS; AUTHORITY OF ATTORNEYS REPRESENTING UNITED STATES
Section 904 of title IX of Pub. L. 91-452 provided that:
"(a) The provisions of this title [enacting this chapter and
amending sections 1505, 2516, and 2517 of this title] shall be
liberally construed to effectuate its remedial purposes.
"(b) Nothing in this title shall supersede any provision of
Federal, State, or other law imposing criminal penalties or
affording civil remedies in addition to those provided for in this
title.
"(c) Nothing contained in this title shall impair the authority
of any attorney representing the United States to -
"(1) lay before any grand jury impaneled by any district court
of the United States any evidence concerning any alleged
racketeering violation of law;
"(2) invoke the power of any such court to compel the
production of any evidence before any such grand jury; or
"(3) institute any proceeding to enforce any order or process
issued in execution of such power or to punish disobedience of
any such order or process by any person."
PRESIDENT'S COMMISSION ON ORGANIZED CRIME; TAKING OF TESTIMONY AND
RECEIPT OF EVIDENCE
Pub. L. 98-368, July 17, 1984, 98 Stat. 490, provided for the
Commission established by Ex. Ord. No. 12435, formerly set out
below, authority relating to taking of testimony, receipt of
evidence, subpoena power, testimony of persons in custody,
immunity, service of process, witness fees, access to other records
and information, Federal protection for members and staff, closure
of meetings, rules, and procedures, for the period of July 17,
1984, until the earlier of 2 years or the expiration of the
Commission.
EXECUTIVE ORDER NO. 12435
Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex.
Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835, which established and
provided for the administration of the President's Commission on
Organized Crime, was revoked by Ex. Ord. No. 12610, Sept. 30, 1987,
52 F.R. 36901, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
(!1) So in original.