18 U.S.C. § 4043 — Acceptance of gifts and bequests to the

Page 900 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4043 DOJ Report to determine whether corresponding changes at their facilities should be made in light of the policy recommendations and guiding principles in the DOJ Report. These other agencies shall report back to me not later than 180 days after the date of this memorandum on how they plan to address their use of restrictive housing. SEC. 2. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and sub- ject to the availability of appropriations. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 3. Publication. The Attorney General is author- ized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 4043. Acceptance of gifts and bequests to the Commissary Funds, Federal Prisons The Attorney General may accept gifts or be- quests of money for credit to the ‘‘Commissary Funds, Federal Prisons’’. A gift or bequest under this section is a gift or bequest to or for the use of the United States under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). (Added Pub. L. 97–258, § 2(d)(4)(B), Sept. 13, 1982, 96 Stat. 1059; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 4043 ......... 31:725s–4. May 15, 1952, ch. 289, § 2, 66 Stat. 72; July 9, 1952, ch. 600, 66 Stat. 479. Editorial Notes AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Statutory Notes and Related Subsidiaries EXPENDITURES; INMATE TELEPHONE SYSTEM Pub. L. 105–277, div. A, § 101(b) [title I, § 108], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67, provided that: ‘‘For fiscal year 1999 and thereafter, the Director of the Bureau of Prisons may make expenditures out of the Commissary Fund of the Federal Prison System, regardless of whether any such expenditure is security-related, for programs, goods, and services for the benefit of inmates (to the extent the provision of those programs, goods, or services to inmates is not otherwise prohibited by law), including— ‘‘(1) the installation, operation, and maintenance of the Inmate Telephone System; ‘‘(2) the payment of all the equipment purchased or leased in connection with the Inmate Telephone Sys- tem; and ‘‘(3) the salaries, benefits, and other expenses of personnel who install, operate, and maintain the In- mate Telephone System.’’ DEPOSIT OR INVESTMENT OF EXCESS AMOUNTS IN FEDERAL PRISON COMMISSARY FUND Section 108 of H.R. 2076, One Hundred Fourth Con- gress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37, provided that: ‘‘For fiscal year 1996 and each fiscal year thereafter, amounts in the Federal Prison System’s Commissary Fund, Federal Prisons, which are not cur- rently needed for operations, shall be kept on deposit or invested in obligations of, or guaranteed by, the United States and all earnings on such investment shall be deposited in the Commissary Fund.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 103–317, title I, § 107, Aug. 26, 1994, 108 Stat. 1735. § 4044. Donations on behalf of the Bureau of Pris- ons The Attorney General may, in accordance with rules prescribed by the Attorney General, accept in the name of the Department of Justice any form of devise, bequest, gift or donation of money or property for use by the Bureau of Pris- ons or Federal Prison Industries. The Attorney General may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey such property other than money. (Added Pub. L. 99–646, § 67(a), Nov. 10, 1986, 100 Stat. 3616.) § 4045. Authority to conduct autopsies A chief executive officer of a Federal penal or correctional facility may, pursuant to rules pre- scribed by the Director, order an autopsy and re- lated scientific or medical tests to be performed on the body of a deceased inmate of the facility in the event of homicide, suicide, fatal illness or accident, or unexplained death, when it is deter- mined that such autopsy or test is necessary to detect a crime, maintain discipline, protect the health or safety of other inmates, remedy offi- cial misconduct, or defend the United States or its employees from civil liability arising from the administration of the facility. To the extent consistent with the needs of the autopsy or of specific scientific or medical tests, provisions of State and local law protecting religious beliefs with respect to such autopsies shall be observed. Such officer may also order an autopsy or post- mortem operation, including removal of tissue for transplanting, to be performed on the body of a deceased inmate of the facility, with the written consent of a person authorized to permit such an autopsy or post-mortem operation under the law of the State in which the facility is lo- cated. (Added Pub. L. 99–646, § 67(a), Nov. 10, 1986, 100 Stat. 3616.) § 4046. Shock incarceration program (a) The Bureau of Prisons may place in a shock incarceration program any person who is sentenced to a term of imprisonment of more than 12, but not more than 30, months, if such person consents to that placement. (b) For such initial portion of the term of im- prisonment as the Bureau of Prisons may deter-