18 U.S.C. § 4006 — Subsistence for prisoners

Page 889 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4006 priations of the Department of Justice; or the Attorney General may make allotments of funds and transfer of credit to the Public Health Serv- ice in such amounts as are available and nec- essary, for payment of compensation, allow- ances, and expenses of personnel so detailed, in accordance with the law and regulations gov- erning the personnel of the Public Health Serv- ice. (June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 105–12, § 9(k), Apr. 30, 1997, 111 Stat. 28.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 751, 752 (May 13, 1930, ch. 256, §§ 1, 2, 46 Stat. 273; Reorg. Plan No. I, §§ 201, 205, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425). Section consolidates sections 751 and 752 of title 18, U.S.C., 1940 ed., as subsections (a) and (b), respectively. ‘‘Federal Security Administrator’’ was substituted for ‘‘Federal Security Agency.’’ Functions of the Secretary of the Treasury were transferred to the Federal Security Administrator by Reorg. Plan No. I, § 205, 4 F.R. 2729, 53 Stat. 1425. (See note under section 133t of title 5, U.S.C., 1940 ed., Exec- utive Departments and Government Officers and Em- ployees.) The first part of said section 751, which read ‘‘Author- ized medical relief under the Department of Justice in Federal penal and correctional institutions shall be su- pervised and furnished by personnel of the Public Health Service, and’’ was omitted as surplusage, con- sidering the remainder of the text. Minor changes of phraseology were made. Editorial Notes REFERENCES IN TEXT The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (a), is Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chapter 138 (§ 14401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of Title 42 and Tables. AMENDMENTS 1997—Subsec. (a). Pub. L. 105–12 inserted ‘‘and to the extent consistent with the Assisted Suicide Funding Restriction Act of 1997’’ after ‘‘Upon request of the At- torney General’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Secretary of Health, Education, and Welfare redesig- nated Secretary of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–12 effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as con- tracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as an Effective Date note under sec- tion 14401 of Title 42, The Public Health and Welfare. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare, and office of Federal Security Administrator abolished by sections 5 and 8 of Reorg. Plan No. 1 of 1953, as amended, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organiza- tion and Employees. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare (see Change of Name note above) by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5. § 4006. Subsistence for prisoners (a) IN GENERAL.—The Attorney General or the Secretary of Homeland Security, as applicable, shall allow and pay only the reasonable and ac- tual cost of the subsistence of prisoners in the custody of any marshal of the United States, and shall prescribe such regulations for the gov- ernment of the marshals as will enable him to determine the actual and reasonable expenses incurred. (b) HEALTH CARE ITEMS AND SERVICES.— (1) IN GENERAL.—Payment for costs incurred for the provision of health care items and services for individuals in the custody of the United States Marshals Service, the Federal Bureau of Investigation and the Department of Homeland Security shall be the amount billed, not to exceed the amount that would be paid for the provision of similar health care items and services under the Medicare pro- gram under title XVIII of the Social Security Act. (2) FULL AND FINAL PAYMENT.—Any payment for a health care item or service made pursu- ant to this subsection, shall be deemed to be full and final payment. (June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 114], Nov. 29, 1999, 113 Stat. 1535, 1501A–20; Pub. L. 106–553, § 1(a)(2) [title VI, § 626], Dec. 21, 2000, 114 Stat. 2762, 2762A–108; Pub. L. 109–162, title XI, § 1157, Jan. 5, 2006, 119 Stat. 3114.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 703 (R.S. § 5545; Mar. 2, 1911, ch. 192, 36 Stat. 1003). The provisions relating to the Washington Asylum and Jail are now included in the District of Columbia Code. (See D.C. Code, 1940 ed., § 24–421.) Changes of phraseology were made. Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–162, § 1157(1), inserted ‘‘or the Secretary of Homeland Security, as applica- ble,’’ after ‘‘The Attorney General’’. Subsec. (b)(1). Pub. L. 109–162, § 1157(2), substituted ‘‘the Department of Homeland Security’’ for ‘‘the Im- migration and Naturalization Service’’, ‘‘shall be the amount billed, not to exceed the amount’’ for ‘‘shall Page 890 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4007 not exceed the lesser of the amount’’, and ‘‘items and services under the Medicare program’’ for ‘‘items and services under— ‘‘(A) the Medicare program’’ and struck out subpar. (B) which read as follows: ‘‘the Medicaid program under title XIX of such Act of the State in which the services were provided.’’ 2000—Subsec. (b)(1). Pub. L. 106–553 inserted ‘‘, the Federal Bureau of Investigation’’ after ‘‘United States Marshals Service’’. 1999—Pub. L. 106–113 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 4007. Expenses of prisoners The expenses attendant upon the confinement of persons arrested or committed under the laws of the United States, as well as upon the execu- tion of any sentence of a court thereof respect- ing them, shall be paid out of the Treasury of the United States in the manner provided by law. (June 25, 1948, ch. 645, 62 Stat. 848.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 701 (R.S. § 5536). Provision authorizing expenses for transportation was omitted as covered by similar provision in section 4008 of this title. Minor changes of phraseology were made. Statutory Notes and Related Subsidiaries PAYMENT OF COSTS OF INCARCERATION BY FEDERAL PRISONERS Pub. L. 100–690, title VII, § 7301, Nov. 18, 1988, 102 Stat. 4463, provided that not later than 1 year after Nov. 18, 1988, the United States Sentencing Commission would study the feasibility of requiring prisoners incarcerated in Federal correctional institutions to pay some or all of the costs incident to the prisoner’s confinement, in- cluding, but not limited to, the costs of food, housing, and shelter. § 4008. Transportation expenses Prisoners shall be transported by agents des- ignated by the Attorney General or his author- ized representative. The reasonable expense of transportation, nec- essary subsistence, and hire and transportation of guards and agents shall be paid by the Attor- ney General from such appropriation for the De- partment of Justice as he shall direct. Upon conviction by a consular court or court martial the prisoner shall be transported from the court to the place of confinement by agents of the Department of State, the Army, Navy, or Air Force, as the case may be, the expense to be paid out of the Treasury of the United States in the manner provided by law. (June 25, 1948, ch. 645, 62 Stat. 849; May 24, 1949, ch. 139, § 61, 63 Stat. 98.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 753g (May 14, 1930, ch. 274, § 8, 46 Stat. 327). The second paragraph was originally a proviso. Minor changes of phraseology were made. 1949 ACT This section [section 61] corrects the third paragraph of section 4008 of title 18, U.S.C., by redesignating the ‘‘War Department’’ as the ‘‘Department of the Army’’, to conform to such redesignation by act of July 26, 1947 (ch. 343, title II, § 205(a), 61 Stat. 501), and by inserting a reference to the Department of the Air Force, in view of the creation of such Department by the same act. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, substituted ‘‘the Army, Navy, or Air Force’’ for ‘‘War, or the Navy’’. § 4009. Appropriations for sites and buildings The Attorney General may authorize the use of a sum not to exceed $100,000 in each instance, payable from any unexpended balance of the ap- propriation ‘‘Support of United States pris- oners’’ for the purpose of leasing or acquiring a site, preparation of plans, and erection of nec- essary buildings under section 4003 of this title. If in any instance it shall be impossible or im- practicable to secure a proper site and erect the necessary buildings within the above limitation the Attorney General may authorize the use of a sum not to exceed $10,000 in each instance, payable from any unexpended balance of the ap- propriation ‘‘Support of United States pris- oners’’ for the purpose of securing options and making preliminary surveys or sketches. Upon selection of an appropriate site the At- torney General shall submit to Congress an esti- mate of the cost of purchasing same and of re- modeling, constructing, and equipping the nec- essary buildings thereon. (June 25, 1948, ch. 645, 62 Stat. 849.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 753d (May 14, 1930, ch. 274, § 5, 46 Stat. 326). Minor changes of phraseology were made. § 4010. Acquisition of additional land The Attorney General may, when authorized by law, acquire land adjacent to or in the vicin- ity of a Federal penal or correctional institution if he considers the additional land essential to the protection of the health or safety of the in- mates of the institution. (Added Pub. L. 89–554, § 3(f), Sept. 6, 1966, 80 Stat. 610.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 341f. July 28, 1950, ch. 503, § 7, 64 Stat. 381. Sept. 16, 1959, Pub. L. 86–286, 73 Stat. 567. The reference to an appropriation law is omitted as covered by the words ‘‘when authorized by law’’. § 4011. Disposition of cash collections for meals, laundry, etc. Collections in cash for meals, laundry, barber service, uniform equipment, and other items for which payment is made originally from appro- priations for the maintenance and operation of Federal penal and correctional institutions, may be deposited in the Treasury to the credit of the appropriation currently available for those items when the collection is made.