18 U.S.C. § 4124 — Purchase of prison-made products by Fed-

Page 917 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4124 sonably possible’’ for ‘‘all physically fit inmates in the United States penal and correctional institutions’’, and added pars. (2) to (6). 1967—Subsec. (d). Pub. L. 90–226, § 802(1), (2), des- ignated existing provisions of subsec. (d) as par. (1) thereof, designated existing provisions of subsec. (e) as par. (2) of subsec. (d), and substituted reference to par. (1) of this subsection for reference to subsec. (d) of this section. Subsec. (e). Pub. L. 90–226, § 802(3), added subsec. (e). Former subsec. (e) redesignated (d)(2). 1951—Subsecs. (d), (e). Act Oct. 31, 1951, substituted ‘‘Department of Defense’’ for ‘‘National Military Estab- lishment’’. 1949—Act May 24, 1949, designated existing first two pars. as subsecs. (a) and (b), respectively, and added subsecs. (c) to (e). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as es- tablished by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Office of Mayor of District of Columbia by section 421 of Pub. L. 93–198. UTILIZATION OF SURPLUS PROPERTY Act June 29, 1948, ch. 719, § 4, 62 Stat. 1100, provided that: ‘‘For its own use in the industrial employment and training of prisoners and not for transfer or dis- position, transfers of surplus property under the Sur- plus Property Act of 1944 [former sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense], may be made to Federal Prison Industries, In- corporated, without reimbursement or transfer of funds.’’ § 4123. New industries Any industry established under this chapter shall be so operated as not to curtail the produc- tion of any existing arsenal, navy yard, or other Government workshop. Such forms of employment shall be provided as will give the inmates of all Federal penal and correctional institutions a maximum oppor- tunity to acquire a knowledge and skill in trades and occupations which will provide them with a means of earning a livelihood upon re- lease. The industries may be either within the pre- cincts of any penal or correctional institution or in any convenient locality where an existing property may be obtained by lease, purchase, or otherwise. (June 25, 1948, ch. 645, 62 Stat. 851.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 744c (May 27, 1930, ch. 340, § 3, 46 Stat. 391). A part of said section 744c of title 18, U.S.C., 1940 ed., is incorporated in section 4122 of this title. References to the Attorney General were omitted be- cause section 744k of title 18, U.S.C., 1940 ed., as origi- nally enacted, provided for the transfer to Federal Pris- on Industries of the powers and duties then vested in the Attorney General. References to ‘‘this chapter’’ were substituted for ‘‘this section’’ since the general authority to establish and supervise prison industries is contained in this chapter. Minor changes of phraseology were made. § 4124. Purchase of prison-made products by Fed- eral departments (a) The several Federal departments and agen- cies and all other Government institutions of the United States shall purchase at not to ex- ceed current market prices, such products of the industries authorized by this chapter as meet their requirements and may be available. (b) Disputes as to the price, quality, character, or suitability of such products shall be arbi- trated by a board consisting of the Attorney General, the Administrator of General Services, and the President, or their representatives. Their decision shall be final and binding upon all parties. (c) Each Federal department, agency, and in- stitution subject to the requirements of sub- section (a) shall separately report acquisitions of products and services from Federal Prison In- dustries to the Federal Procurement Data Sys- tem (as referred to in section 1122(a)(4) of title 41) in the same manner as it reports other acqui- sitions. Each report published by the Federal Procurement Data System that contains the in- formation collected by the System shall include a statement to accompany the information re- ported by the department, agency, or institution under the preceding sentence as follows: ‘‘Under current law, sales by Federal Prison Industries are considered intragovernmental transfers. The purpose of reporting sales by Federal Prison In- dustries is to provide a complete overview of ac- quisitions by the Federal Government during the reporting period.’’. (d) Within 90 days after the date of the enact- ment of this subsection, Federal Prison Indus- tries shall publish a catalog of all products and services which it offers for sale. This catalog shall be updated periodically to the extent nec- essary to ensure that the information in the catalog is complete and accurate. (June 25, 1948, ch. 645, 62 Stat. 851; Oct. 31, 1951, ch. 655, § 32, 65 Stat. 723; Pub. L. 98–216, § 3(b)(2), Feb. 14, 1984, 98 Stat. 6; Pub. L. 101–647, title XXIX, § 2901, Nov. 29, 1990, 104 Stat. 4912; Pub. L. 102–564, title III, § 303(b), Oct. 28, 1992, 106 Stat. 4262; Pub. L. 104–316, title I, § 109(b), Oct. 19, 1996, 110 Stat. 3832; Pub. L. 111–350, § 5(d)(2), Jan. 4, 2011, 124 Stat. 3847.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 744g (May 27, 1930, ch. 340, § 7, 46 Stat. 392). The revised section substituted the Director of the Bureau of Federal Supply of the Treasury Department for the General Supply Committee, the functions of the latter having been transferred to the Procurement Di- vision of the Treasury Department by Executive Order No. 6166, § 1, June 10, 1933, and the name of that unit having been changed to Bureau of Federal Supply by order of the Secretary of the Treasury effective Janu- ary 1, 1947, 11 Federal Register No. 13,638. The Bureau of the Budget was substituted for the Bureau of Effi- ciency which was abolished by Act of March 3, 1933, ch. 212, § 17, 47 Stat. 1519, without transferring its functions elsewhere. However, the Bureau of the Budget performs similar duties and its Director logically should serve on the arbitration board. Reference to authority for appropriations was omit- ted and words ‘‘by this chapter’’ substituted therefor. The word ‘‘agencies’’ was substituted for ‘‘inde- pendent establishments’’ to avoid any possibility of ambiguity. See definition of ‘‘agency’’ in section 6 of this title. 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