18 U.S.C. § 4125 — Public works; prison camps

Page 918 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4125 Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 101–647, which was approved Nov. 29, 1990. AMENDMENTS 2011—Subsec. (c). Pub. L. 111–350 substituted ‘‘section 1122(a)(4) of title 41’’ for ‘‘section 6(d)(4) of the Office of Federal Procurement Policy Act’’. 1996—Subsec. (b). Pub. L. 104–316 substituted ‘‘Attor- ney General’’ for ‘‘Comptroller General of the United States’’. 1992—Subsec. (c). Pub. L. 102–564 substituted ‘‘acquisi- tions of products and services from Federal Prison In- dustries to the Federal Procurement Data System (as referred to in section 6(d)(4) of the Office of Federal Procurement Policy Act) in the same manner as it re- ports other acquisitions’’ for ‘‘to the General Services Administration all of its acquisitions of products and services from Federal Prison Industries, and that re- ported information shall be entered in the Federal Pro- curement Data System referred to in section 6(d)(4) of the Office of Federal Procurement Policy Act’’. 1990—Pub. L. 101–647 designated first and second pars. as subsecs. (a) and (b), respectively, and added subsecs. (c) and (d). 1984—Pub. L. 98–216 substituted ‘‘President’’ for ‘‘Di- rector of the Bureau of the Budget’’ in second par. 1951—Act Oct. 31, 1951, substituted ‘‘Administrator of General Services’’ for ‘‘Director of the Bureau of Fed- eral Supply, Department of the Treasury’’ in second par. Statutory Notes and Related Subsidiaries AGENCY PURCHASE OF FEDERAL PRISON INDUSTRIES PRODUCTS OR SERVICES Pub. L. 108–447, div. H, title VI, § 637, Dec. 8, 2004, 118 Stat. 3281, provided that: ‘‘None of the funds made available under this or any other Act for fiscal year 2005 and each fiscal year thereafter shall be expended for the purchase of a product or service offered by Fed- eral Prison Industries, Inc., unless the agency making such purchase determines that such offered product or service provides the best value to the buying agency pursuant to governmentwide procurement regulations, issued pursuant to section 25(c)(1) of the Office of Fed- eral Procurement Act ([former] 41 U.S.C. 421(c)(1)) [now 41 U.S.C. 1303(a)(1)] that impose procedures, standards, and limitations of section 2410n of title 10, United States Code [now 10 U.S.C. 3905].’’ Similar provisions were contained in the following prior appropriations act: Pub. L. 108–199, div. F, title VI, § 637, Jan. 23, 2004, 118 Stat. 358. PURCHASES BY CENTRAL INTELLIGENCE AGENCY OF PRODUCTS OF FEDERAL PRISON INDUSTRIES Pub. L. 108–177, title IV, § 404, Dec. 13, 2003, 117 Stat. 2632, as amended by Pub. L. 108–458, title I, § 1071(g)(3)(C), Dec. 17, 2004, 118 Stat. 3692, provided that: ‘‘Notwithstanding section 4124 of title 18, United States Code, purchases by the Central Intelligence Agency from Federal Prison Industries shall be made only if the Director of the Central Intelligence Agency deter- mines that the product or service to be purchased from Federal Prison Industries best meets the needs of the Agency.’’ § 4125. Public works; prison camps (a) The Attorney General may make available to the heads of the several departments the services of United States prisoners under terms, conditions, and rates mutually agreed upon, for constructing or repairing roads, clearing, main- taining and reforesting public lands, building levees, and constructing or repairing any other public ways or works financed wholly or in major part by funds appropriated by Congress. (b) The Attorney General may establish, equip, and maintain camps upon sites selected by him elsewhere than upon Indian reservations, and designate such camps as places for confine- ment of persons convicted of an offense against the laws of the United States. (c) The expenses of transferring and maintain- ing prisoners at such camps and of operating such camps shall be paid from the appropriation ‘‘Support of United States prisoners’’, which may, in the discretion of the Attorney General, be reimbursed for such expenses. (d) As part of the expense of operating such camps the Attorney General is authorized to provide for the payment to the inmates or their dependents such pecuniary earnings as he may deem proper, under such rules and regulations as he may prescribe. (e) All other laws of the United States relating to the imprisonment, transfer, control, dis- cipline, escape, release of, or in any way affect- ing prisoners, shall apply to prisoners trans- ferred to such camps. (June 25, 1948, ch. 645, 62 Stat. 852.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 744b, 851, 853, 854, 855 (Feb. 26, 1929, ch. 336, §§ 1, 3, 4, 5, 45 Stat. 1318; May 27, 1930, ch. 340, § 2, 46 Stat. 391). Section consolidates section 744b of title 18, U.S.C., 1940 ed., with those portions of sections 851, 853–855 of title 18, U.S.C., 1940 ed., which may not have been su- perseded by section 744b of said title. Section 851 of title 18, U.S.C., 1940 ed., was superseded except for the proviso which formed the basis for the added words ‘‘elsewhere than upon Indian reserva- tions’’. Section 855 of title 18, U.S.C., 1940 ed., was superseded by section 744b of title 18, U.S.C., 1940 ed., except as to the specific mention in section 855 of said title of ex- pense for maintenance and operation of camps. Hence a reference to operation was added in subsection (c) of this section. Section 854 of title 18, U.S.C., 1940 ed., was added as a part of subsection (c). Section 853 of title 18, U.S.C., 1940 ed., was added as subsection (d) of this section, although its retention may be unnecessary. The phrase ‘‘the cost of which is borne exclusively by the United States’’ which followed the words ‘‘con- structing or repairing roads’’ was omitted as incon- sistent with the later phrase ‘‘constructing or repairing any other public ways or works financed wholly or in major part by funds appropriated from the Treasury of the United States.’’ The provision for transfer of prisoners was omitted as duplicitous of a similar provision in section 4082 of this title. Other changes of phraseology were made. § 4126. Prison Industries Fund; use and settle- ment of accounts (a) All moneys under the control of Federal Prison Industries, or received from the sale of the products or by-products of such Industries, or for the services of federal prisoners, shall be deposited or covered into the Treasury of the United States to the credit of the Prison Indus- tries Fund and withdrawn therefrom only pursu- ant to accountable warrants or certificates of