-CITE-

18 USC CHAPTER 301 - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

.

-HEAD-

CHAPTER 301 - GENERAL PROVISIONS

-MISC1-

Sec.

4001. Limitation on detention; control of prisons.

4002. Federal prisoners in State institutions; employment.

4003. Federal institutions in States without appropriate

facilities.

4004. Oaths and acknowledgments.

4005. Medical relief; expenses.

4006. Subsistence for prisoners.

4007. Expenses of prisoners.

4008. Transportation expenses.

4009. Appropriations for sites and buildings.

4010. Acquisition of additional land.

4011. Disposition of cash collections for meals, laundry, etc.

4012. Summary seizure and forfeiture of prison contraband.

4013. Support of United States prisoners in non-Federal

institutions.

4014. Testing for human immunodeficiency virus.

AMENDMENTS

1998 - Pub. L. 105-370, Sec. 2(b), Nov. 12, 1998, 112 Stat. 3375,

added item 4014.

1988 - Pub. L. 100-690, title VII, Sec. 7608(d)(2), Nov. 18,

1988, 102 Stat. 4517, added item 4013.

1984 - Pub. L. 98-473, title II, Sec. 1109(e), Oct. 12, 1984, 98

Stat. 2148, added item 4012.

1971 - Pub. L. 92-128, Sec. 1(c), Sept. 25, 1971, 85 Stat. 347,

substituted ''Limitation on detention; control of prisons'' for

''Control by Attorney General'' in item 4001.

1966 - Pub. L. 89-554, Sec. 3(e), Sept. 6, 1966, 80 Stat. 610,

added items 4010 and 4011.

-CITE-

18 USC Sec. 4001 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4001. Limitation on detention; control of prisons

-STATUTE-

(a) No citizen shall be imprisoned or otherwise detained by the

United States except pursuant to an Act of Congress.

(b)(1) The control and management of Federal penal and

correctional institutions, except military or naval institutions,

shall be vested in the Attorney General, who shall promulgate rules

for the government thereof, and appoint all necessary officers and

employees in accordance with the civil-service laws, the

Classification Act, as amended, and the applicable regulations.

(2) The Attorney General may establish and conduct industries,

farms, and other activities and classify the inmates; and provide

for their proper government, discipline, treatment, care,

rehabilitation, and reformation.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 847; Pub. L. 92-128, Sec. 1(a),

(b), Sept. 25, 1971, 85 Stat. 347.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1934 ed., Sec. 741 and 753e (Mar. 3,

1891, ch. 529, Sec. 1, 4, 26 Stat. 839; May 14, 1930, ch. 274, Sec.

6, 46 Stat. 326).

This section consolidates said sections 741 and 753e with such

changes of language as were necessary to effect consolidation.

''The Classification Act, as amended,'' was inserted more clearly

to express the existing procedure for appointment of officers and

employees as noted in letter of the Director of Bureau of Prisons,

June 19, 1944.

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (b)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The Classification Act, as amended, referred to in subsec.

(b)(1), originally was the Classification Act of 1923, Mar. 4,

1923, ch. 265, 42 Stat. 1488, as amended, which was repealed by

section 1202 of the Classification Act of 1949, Oct. 28, 1949, ch.

782, 63 Stat. 972. Section 1106(a) of the 1949 Act provided that

references in other laws to the Classification Act of 1923 shall be

held and considered to mean the Classification Act of 1949. The

Classification Act of 1949 was in turn repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first

section thereof as chapter 51 and subchapter III of chapter 53 of

Title 5.

-MISC2-

AMENDMENTS

1971 - Pub. L. 92-128, Sec. 1(b), substituted ''Limitation on

detention; control of prisons'' for ''Control by Attorney General''

in section catchline.

Subsec. (a). Pub. L. 92-128, Sec. 1(a), added subsec. (a).

Subsec. (b). Pub. L. 92-128, Sec. 1(a), designated existing first

and second pars. as pars. (1) and (2) of subsec. (b).

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-294, Sec. 1, Oct. 12, 2000, 114 Stat. 1038, provided

that: ''This Act (enacting section 4048 of this title and amending

section 4013 of this title) may be cited as the 'Federal Prisoner

Health Care Copayment Act of 2000'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-370, Sec. 1, Nov. 12, 1998, 112 Stat. 3374, provided

that: ''This Act (enacting section 4014 of this title and

provisions set out as a note under section 4042 of this title) may

be cited as the 'Correction Officers Health and Safety Act of

1998'.''

PLACEMENT OF CERTAIN PERSONS IN PRIVATELY OPERATED PRISONS

Pub. L. 106-553, Sec. 1(a)(2) (title I, Sec. 114, formerly Sec.

115), Dec. 21, 2000, 114 Stat. 2762, 2762A-68; renumbered Sec. 114,

Pub. L. 106-554, Sec. 1(a)(4) (div. A, Sec. 213(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-179, provided that: ''Beginning in

fiscal year 2001 and thereafter, funds appropriated to the Federal

Prison System may be used to place in privately operated prisons

only such persons sentenced to incarceration under the District of

Columbia Code as the Director, Bureau of Prisons, may determine to

be appropriate for such placement consistent with Federal

classification standards, after consideration of all relevant

factors, including the threat of danger to public safety.''

FEE TO RECOVER COST OF INCARCERATION

Pub. L. 102-395, title I, Sec. 111(a), Oct. 6, 1992, 106 Stat.

1842, provided that:

''(1) For fiscal year 1993 and thereafter the Attorney General

shall establish and collect a fee to cover the costs of confinement

from any person convicted in a United States District Court and

committed to the Attorney General's custody.

''(2) Such fee shall be equivalent to the average cost of one

year of incarceration, and the Attorney General shall credit or

rebate a prorated portion of the fee with respect to any such

person incarcerated for 334 days or fewer in a given fiscal year.

''(3) The calculation of the number of days of incarceration in a

given fiscal year for the purpose of such fee shall include time

served prior to conviction.

''(4) The Attorney General shall not collect such fee from any

person with respect to whom a fine was imposed or waived by a judge

of a United States District Court pursuant to section 5E1.2(f) and

(i) of the United States Sentencing Guidelines, or any successor

provisions.

''(5) In cases in which the Attorney General has authority to

collect the fee, the Attorney General shall have discretion to

waive the fee or impose a lesser fee if the person under

confinement establishes that (1) he or she is not able and, even

with the use of a reasonable installment schedule, is not likely to

become able to pay all or part of the fee, or (2) imposition of a

fine would unduly burden the defendant's dependents.

''(6) For fiscal year 1993 only, fees collected in accordance

with this section shall be deposited as offsetting receipts to the

Treasury.

''(7) For fiscal year 1994 and thereafter, fees collected in

accordance with this section shall be deposited as offsetting

collections to the appropriation Federal Prison System, 'Salaries

and expenses', and shall be available, inter alia, to enhance

alcohol and drug abuse prevention programs.''

USE OF INACTIVE DEPARTMENT OF DEFENSE FACILITIES AS PRISONS

Pub. L. 95-624, Sec. 9, Nov. 9, 1978, 92 Stat. 3463, provided

that: ''The Attorney General shall consult with the Secretary of

Defense in order to develop a plan to assure that such suitable

facilities as the Department of Defense operates which are not in

active use shall be made available for operation by the Department

of Justice for the confinement of United States prisoners. Such

plan shall provide for the return to the management of the

Department of Defense of any such facility upon a finding by the

Secretary of Defense that such return is necessary to the operation

of the Department.''

-CITE-

18 USC Sec. 4002 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4002. Federal prisoners in State institutions; employment

-STATUTE-

For the purpose of providing suitable quarters for the

safekeeping, care, and subsistence of all persons held under

authority of any enactment of Congress, the Attorney General may

contract, for a period not exceeding three years, with the proper

authorities of any State, Territory, or political subdivision

thereof, for the imprisonment, subsistence, care, and proper

employment of such persons.

Such Federal prisoners shall be employed only in the manufacture

of articles for, the production of supplies for, the construction

of public works for, and the maintenance and care of the

institutions of, the State or political subdivision in which they

are imprisoned.

The rates to be paid for the care and custody of said persons

shall take into consideration the character of the quarters

furnished, sanitary conditions, and quality of subsistence and may

be such as will permit and encourage the proper authorities to

provide reasonably decent, sanitary, and healthful quarters and

subsistence for such persons.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 847; Pub. L. 95-624, Sec. 8, Nov.

9, 1978, 92 Stat. 3463.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753b, (May 14, 1930,

ch. 274, Sec. 3, 46 Stat. 325).

Changes were made in phraseology. The first sentence was

incorporated in section 4042 of this title.

AMENDMENTS

1978 - Pub. L. 95-624 substituted ''Attorney General'' for

''Director of the Bureau of Prisons''.

-CITE-

18 USC Sec. 4003 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4003. Federal institutions in States without appropriate

facilities

-STATUTE-

If by reason of the refusal or inability of the authorities

having control of any jail, workhouse, penal, correctional, or

other suitable institution of any State or Territory, or political

subdivision thereof, to enter into a contract for the imprisonment,

subsistence, care, or proper employment of United States prisoners,

or if there are no suitable or sufficient facilities available at

reasonable cost, the Attorney General may select a site either

within or convenient to the State, Territory, or judicial district

concerned and cause to be erected thereon a house of detention,

workhouse, jail, prison-industries project, or camp, or other place

of confinement, which shall be used for the detention of persons

held under authority of any Act of Congress, and of such other

persons as in the opinion of the Attorney General are proper

subjects for confinement in such institutions.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 848.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753c (May 14, 1930, ch.

274, Sec. 4, 46 Stat. 326).

Words ''with or without hard labor'' were omitted as unnecessary

in view of omission of ''hard labor'' as part of the punishment.

(See reviser's note under section 1 of this title.)

The phrase ''held under authority of any Act of Congress,'' was

substituted for the following ''held as material witnesses, persons

awaiting trial, persons sentenced to imprisonment and awaiting

transfer to other institutions, persons held for violation of the

immigration laws or awaiting deportation, and for the confinement

of persons convicted of offenses against the United States and

sentenced to imprisonment''.

Minor changes in arrangement and phraseology were made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4009 of this title.

-CITE-

18 USC Sec. 4004 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4004. Oaths and acknowledgments

-STATUTE-

The wardens and superintendents, associate wardens and

superintendents, chief clerks, and record clerks, of Federal penal

or correctional institutions, may administer oaths to and take

acknowledgments of officers, employees, and inmates of such

institutions, but shall not demand or accept any fee or

compensation therefor.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 848; July 7, 1955, ch. 282, 69

Stat. 282; Pub. L. 98-473, title II, Sec. 223(l), Oct. 12, 1984, 98

Stat. 2029.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 754 (Feb. 11, 1938, ch.

24, Sec. 1, 2, 52 Stat. 28).

Section was extended to include superintendents and associate

superintendents.

Minor changes were made in phraseology. Words ''the authority

conferred by'' were omitted as surplusage.

AMENDMENTS

1984 - Pub. L. 98-473 substituted ''and record clerks'' for

''record clerks, and parole officers''.

1955 - Act July 7, 1955, permitted chief clerks, record clerks,

and parole officers to administer oaths and take acknowledgments.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-CITE-

18 USC Sec. 4005 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4005. Medical relief; expenses

-STATUTE-

(a) Upon request of the Attorney General and to the extent

consistent with the Assisted Suicide Funding Restriction Act of

1997, the Federal Security Administrator shall detail regular and

reserve commissioned officers of the Public Health Service,

pharmacists, acting assistant surgeons, and other employees of the

Public Health Service to the Department of Justice for the purpose

of supervising and furnishing medical, psychiatric, and other

technical and scientific services to the Federal penal and

correctional institutions.

(b) The compensation, allowances, and expenses of the personnel

detailed under this section may be paid from applicable

appropriations of the Public Health Service in accordance with the

law and regulations governing the personnel of the Public Health

Service, such appropriations to be reimbursed from applicable

appropriations of the Department of Justice; or the Attorney

General may make allotments of funds and transfer of credit to the

Public Health Service in such amounts as are available and

necessary, for payment of compensation, allowances, and expenses of

personnel so detailed, in accordance with the law and regulations

governing the personnel of the Public Health Service.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 105-12, Sec. 9(k),

Apr. 30, 1997, 111 Stat. 28.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 751, 752 (May 13, 1930,

ch. 256, Sec. 1, 2, 46 Stat. 273; Reorg. Plan No. I, Sec. 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, Sec. 205,

4 F.R. 2729, 53 Stat. 1425. (See note under section 133t of title

5, U.S.C., 1940 ed., Executive Departments and Government Officers

and Employees.)

The first part of said section 751, which read ''Authorized

medical relief under the Department of Justice in Federal penal and

correctional institutions shall be supervised and furnished by

personnel of the Public Health Service, and'' was omitted as

surplusage, considering the remainder of the text.

Minor changes of phraseology were made.

-REFTEXT-

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 (Sec. 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.

-MISC2-

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 Attorney General''.

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 contracts 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 section 14401 of

Title 42, The Public Health and Welfare.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator transferred 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

Organization and Employees.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare 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.

Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 sections 250, 14402,

14405.

-CITE-

18 USC Sec. 4006 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4006. Subsistence for prisoners

-STATUTE-

(a) In General. - The Attorney General shall allow and pay only

the reasonable and actual cost of the subsistence of prisoners in

the custody of any marshal of the United States, and shall

prescribe such regulations for the government 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 Immigration and Naturalization Service

shall not exceed the lesser of the amount that would be paid for

the provision of similar health care items and services under -

(A) the Medicare program under title XVIII of the Social

Security Act; or

(B) the Medicaid program under title XIX of such Act of the

State in which the services were provided.

(2) Full and final payment. - Any payment for a health care

item or service made pursuant to this subsection, shall be deemed

to be full and final payment.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 106-113, div. B,

Sec. 1000(a)(1) (title I, Sec. 114), Nov. 29, 1999, 113 Stat. 1535,

1501A-20; Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec. 626), Dec.

21, 2000, 114 Stat. 2762, 2762A-108.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 703 (R.S. Sec. 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., Sec. 24-421.)

Changes of phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b)(1), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and

XIX of the Act are classified generally to subchapters XVIII (Sec.

1395 et seq.) and XIX (Sec. 1396 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.

-MISC2-

AMENDMENTS

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).

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4013 of this title.

-CITE-

18 USC Sec. 4007 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4007. Expenses of prisoners

-STATUTE-

The expenses attendant upon the confinement of persons arrested

or committed under the laws of the United States, as well as upon

the execution of any sentence of a court thereof respecting them,

shall be paid out of the Treasury of the United States in the

manner provided by law.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 848.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 701 (R.S. Sec. 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.

PAYMENT OF COSTS OF INCARCERATION BY FEDERAL PRISONERS

Pub. L. 100-690, title VII, Sec. 7301, Nov. 18, 1988, 102 Stat.

4463, provided that: ''Not later than 1 year after the date of

enactment of this section (Nov. 18, 1988), the United States

Sentencing Commission shall 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,

including, but not limited to, the costs of food, housing, and

shelter. The study shall review measures which would allow

prisoners unable to pay such costs to work at paid employment

within the community, during incarceration or after release, in

order to pay the costs incident to the prisoner's confinement.''

-CITE-

18 USC Sec. 4008 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4008. Transportation expenses

-STATUTE-

Prisoners shall be transported by agents designated by the

Attorney General or his authorized representative.

The reasonable expense of transportation, necessary subsistence,

and hire and transportation of guards and agents shall be paid by

the Attorney General from such appropriation for the Department 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 849; May 24, 1949, ch. 139, Sec.

61, 63 Stat. 98.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 753g (May 14, 1930, ch.

274, Sec. 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, Sec. 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.

AMENDMENTS

1949 - Act May 24, 1949, substituted ''the Army, Navy, or Air

Force'' for ''War, or the Navy''.

-CITE-

18 USC Sec. 4009 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4009. Appropriations for sites and buildings

-STATUTE-

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 appropriation ''Support of United States prisoners'' for the

purpose of leasing or acquiring a site, preparation of plans, and

erection of necessary buildings under section 4003 of this title.

If in any instance it shall be impossible or impracticable 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 appropriation ''Support of United States

prisoners'' for the purpose of securing options and making

preliminary surveys or sketches.

Upon selection of an appropriate site the Attorney General shall

submit to Congress an estimate of the cost of purchasing same and

of remodeling, constructing, and equipping the necessary buildings

thereon.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 849.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753d (May 14, 1930, ch.

274, Sec. 5, 46 Stat. 326).

Minor changes of phraseology were made.

-CITE-

18 USC Sec. 4010 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4010. Acquisition of additional land

-STATUTE-

The Attorney General may, when authorized by law, acquire land

adjacent to or in the vicinity of a Federal penal or correctional

institution if he considers the additional land essential to the

protection of the health or safety of the inmates of the

institution.

-SOURCE-

(Added Pub. L. 89-554, Sec. 3(f), Sept. 6, 1966, 80 Stat. 610.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 341f. July 28, 1950, ch.

503, Sec. 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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 530C.

-CITE-

18 USC Sec. 4011 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4011. Disposition of cash collections for meals, laundry, etc.

-STATUTE-

Collections in cash for meals, laundry, barber service, uniform

equipment, and other items for which payment is made originally

from appropriations 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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 3(f), Sept. 6, 1966, 80 Stat. 610.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 341g. July 28, 1950, ch.

503, Sec. 8, 64

Stat. 381.

-------------------------------

-CITE-

18 USC Sec. 4012 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4012. Summary seizure and forfeiture of prison contraband

-STATUTE-

An officer or employee of the Bureau of Prisons may, pursuant to

rules and regulations of the Director of the Bureau of Prisons,

summarily seize any object introduced into a Federal penal or

correctional facility or possessed by an inmate of such a facility

in violation of a rule, regulation or order promulgated by the

Director, and such object shall be forfeited to the United States.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1109(d), Oct. 12, 1984, 98

Stat. 2148.)

-CITE-

18 USC Sec. 4013 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4013. Support of United States prisoners in non-Federal

institutions

-STATUTE-

(a) The Attorney General, in support of United States prisoners

in non-Federal institutions, is authorized to make payments from

funds appropriated for Federal prisoner detention for -

(1) necessary clothing;

(2) medical care and necessary guard hire; and

(3) the housing, care, and security of persons held in custody

of a United States marshal pursuant to Federal law under

agreements with State or local units of government or contracts

with private entities.

(b) The Attorney General, in support of Federal prisoner

detainees in non-Federal institutions, is authorized to make

payments, from funds appropriated for State and local law

enforcement assistance, for entering into contracts or cooperative

agreements with any State, territory, or political subdivision

thereof, for the necessary construction, physical renovation,

acquisition of equipment, supplies, or materials required to

establish acceptable conditions of confinement and detention

services in any State or local jurisdiction which agrees to provide

guaranteed bed space for Federal detainees within that correctional

system, in accordance with regulations which are issued by the

Attorney General and are comparable to the regulations issued under

section 4006 of this title, except that -

(1) amounts made available for purposes of this paragraph shall

not exceed the average per-inmate cost of constructing similar

confinement facilities for the Federal prison population,

(2) the availability of such federally assisted facility shall

be assured for housing Federal prisoners, and

(3) the per diem rate charged for housing such Federal

prisoners shall not exceed allowable costs or other conditions

specified in the contract or cooperative agreement.

(c)(1) The United States Marshals Service may designate districts

that need additional support from private detention entities under

subsection (a)(3) based on -

(A) the number of Federal detainees in the district; and

(B) the availability of appropriate Federal, State, and local

government detention facilities.

(2) In order to be eligible for a contract for the housing, care,

and security of persons held in custody of the United States

Marshals pursuant to Federal law and funding under subsection

(a)(3), a private entity shall -

(A) be located in a district that has been designated as

needing additional Federal detention facilities pursuant to

paragraph (1);

(B) meet the standards of the American Correctional

Association;

(C) comply with all applicable State and local laws and

regulations;

(D) have approved fire, security, escape, and riot plans; and

(E) comply with any other regulations that the Marshals Service

deems appropriate.

(3) The United States Marshals Service shall provide an

opportunity for public comment on a contract under subsection

(a)(3).

(d) Health Care Fees For Federal Prisoners in Non-Federal

Institutions. -

(1) In general. - Notwithstanding amounts paid under subsection

(a)(3), a State or local government may assess and collect a

reasonable fee from the trust fund account (or institutional

equivalent) of a Federal prisoner for health care services, if -

(A) the prisoner is confined in a non-Federal institution

pursuant to an agreement between the Federal Government and the

State or local government;

(B) the fee -

(i) is authorized under State law; and

(ii) does not exceed the amount collected from State or

local prisoners for the same services; and

(C) the services -

(i) are provided within or outside of the institution by a

person who is licensed or certified under State law to

provide health care services and who is operating within the

scope of such license;

(ii) constitute a health care visit within the meaning of

section 4048(a)(4) of this title; and

(iii) are not preventative health care services, emergency

services, prenatal care, diagnosis or treatment of chronic

infectious diseases, mental health care, or substance abuse

treatment.

(2) No refusal of treatment for financial reasons. - Nothing in

this subsection may be construed to permit any refusal of

treatment to a prisoner on the basis that -

(A) the account of the prisoner is insolvent; or

(B) the prisoner is otherwise unable to pay a fee assessed

under this subsection.

(3) Notice to prisoners of law. - Each person who is or becomes

a prisoner shall be provided with written and oral notices of the

provisions of this subsection and the applicability of this

subsection to the prisoner. Notwithstanding any other provision

of this subsection, a fee under this section may not be assessed

against, or collected from, such person -

(A) until the expiration of the 30-day period beginning on

the date on which each prisoner in the prison system is

provided with such notices; and

(B) for services provided before the expiration of such

period.

(4) Notice to prisoners of state or local implementation. - The

implementation of this subsection by the State or local

government, and any amendment to that implementation, shall not

take effect until the expiration of the 30-day period beginning

on the date on which each prisoner in the prison system is

provided with written and oral notices of the provisions of that

implementation (or amendment, as the case may be). A fee under

this subsection may not be assessed against, or collected from, a

prisoner pursuant to such implementation (or amendments, as the

case may be) for services provided before the expiration of such

period.

(5) Notice before public comment period. - Before the beginning

of any period a proposed implementation under this subsection is

open to public comment, written and oral notice of the provisions

of that proposed implementation shall be provided to groups that

advocate on behalf of Federal prisoners and to each prisoner

subject to such proposed implementation.

(6) Comprehensive hiv/aids services required. - Any State or

local government assessing or collecting a fee under this

subsection shall provide comprehensive coverage for services

relating to human immunodeficiency virus (HIV) and acquired

immune deficiency syndrome (AIDS) to each Federal prisoner in the

custody of such State or local government when medically

appropriate. The State or local government may not assess or

collect a fee under this subsection for providing such coverage.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7608(d)(1), Nov. 18, 1988,

102 Stat. 4516; amended Pub. L. 101-647, title XVII, Sec. 1701,

title XXXV, Sec. 3599, Nov. 29, 1990, 104 Stat. 4843, 4931; Pub. L.

103-322, title XXXIII, Sec. 330011(o), Sept. 13, 1994, 108 Stat.

2145; Pub. L. 106-294, Sec. 3, Oct. 12, 2000, 114 Stat. 1040; Pub.

L. 107-273, div. A, title III, Sec. 302(2), Nov. 2, 2002, 116

Stat. 1781.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 302(2)(A), in

introductory provisions, substituted ''Federal prisoner detention''

for ''the support of United States prisoners'', inserted ''and'' at

end of par. (2), substituted period for ''; and'' at end of par.

(3), and in introductory provisions of par. (4), inserted ''The

Attorney General, in support of Federal prisoner detainees in

non-Federal institutions, is authorized to make payments, from

funds appropriated for State and local law enforcement assistance,

for'' before ''entering''.

Subsecs. (a)(4), (b). Pub. L. 107-273, Sec. 302(2)(B)(ii),

redesignated par. (4) of subsec. (a) as subsec. (b) and subpars.

(A) to (C) as pars. (1) to (3), respectively. Former subsec. (b)

redesignated (c).

Subsecs. (c), (d). Pub. L. 107-273, Sec. 302(2)(B)(i),

redesignated subsecs. (b) and (c) as (c) and (d), respectively.

2000 - Subsec. (c). Pub. L. 106-294 added subsec. (c).

1994 - Pub. L. 103-322, Sec. 330011(o), repealed Pub. L. 101-647,

Sec. 3599. See 1990 Amendment note below.

1990 - Subsec. (a). Pub. L. 101-647, Sec. 3599, which struck out

''(a)'' at beginning of text, was repealed by Pub. L. 103-322, Sec.

330011(o).

Subsec. (b). Pub. L. 101-647, Sec. 1701, added subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(o) of Pub. L. 103-322 provided that the amendment

made by that section is effective Nov. 29, 1990.

CONTRACTS FOR SPACE OR FACILITIES

Pub. L. 106-553, Sec. 1(a)(2) (title I, Sec. 118, formerly Sec.

119), Dec. 21, 2000, 114 Stat. 2762, 2762A-69; renumbered Sec. 118,

Pub. L. 106-554, Sec. 1(a)(4) (div. A, Sec. 213(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-179, provided that: ''Notwithstanding

any other provision of law, including section 4(d) of the Service

Contract Act of 1965 (41 U.S.C. 353(d)), the Attorney General

hereafter may enter into contracts and other agreements, of any

reasonable duration, for detention or incarceration space or

facilities, including related services, on any reasonable basis.''

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND, UNITED

STATES MARSHALS SERVICE

Pub. L. 106-553, Sec. 1(a)(2) (title I), Dec. 21, 2000, 114 Stat.

2762, 2762A-55, provided in part that: ''Beginning in fiscal year

2000 and thereafter, payment shall be made from the Justice

Prisoner and Alien Transportation System Fund for necessary

expenses related to the scheduling and transportation of United

States prisoners and illegal and criminal aliens in the custody of

the United States Marshals Service, as authorized in 18 U.S.C.

4013, including, without limitation, salaries and expenses,

operations, and the acquisition, lease, and maintenance of aircraft

and support facilities: Provided, That the Fund shall be reimbursed

or credited with advance payments from amounts available to the

Department of Justice, other Federal agencies, and other sources at

rates that will recover the expenses of Fund operations, including,

without limitation, accrual of annual leave and depreciation of

plant and equipment of the Fund: Provided further, That proceeds

from the disposal of Fund aircraft shall be credited to the Fund:

Provided further, That amounts in the Fund shall be available

without fiscal year limitation, and may be used for operating

equipment lease agreements that do not exceed 10 years.''

Similar provisions were contained in the following prior

appropriations act:

Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title I), Nov. 29,

1999, 113 Stat. 1535, 1501A-7.

Pub. L. 105-277, div. A, Sec. 101(b) (title I), Oct. 21, 1998,

112 Stat. 2681-50, 2681-54, provided that: ''There is hereby

established a Justice Prisoner and Alien Transportation System Fund

for the payment of necessary expenses related to the scheduling and

transportation of United States prisoners and illegal and criminal

aliens in the custody of the United States Marshals Service, as

authorized in 18 U.S.C. 4013, including, without limitation,

salaries and expenses, operations, and the acquisition, lease, and

maintenance of aircraft and support facilities: Provided, That the

Fund shall be reimbursed or credited with advance payments from

amounts available to the Department of Justice, other Federal

agencies, and other sources at rates that will recover the expenses

of Fund operations, including, without limitation, accrual of

annual leave and depreciation of plant and equipment of the Fund:

Provided further, That proceeds from the disposal of Fund aircraft

shall be credited to the Fund: Provided further, That amounts in

the Fund shall be available without fiscal year limitation, and may

be used for operating equipment lease agreements that do not exceed

5 years.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 13711.

-CITE-

18 USC Sec. 4014 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 301 - GENERAL PROVISIONS

-HEAD-

Sec. 4014. Testing for human immunodeficiency virus

-STATUTE-

(a) The Attorney General shall cause each individual convicted of

a Federal offense who is sentenced to incarceration for a period of

6 months or more to be tested for the presence of the human

immunodeficiency virus, as appropriate, after the commencement of

that incarceration, if such individual is determined to be at risk

for infection with such virus in accordance with the guidelines

issued by the Bureau of Prisons relating to infectious disease

management.

(b) If the Attorney General has a well-founded reason to believe

that a person sentenced to a term of imprisonment for a Federal

offense, or ordered detained before trial under section 3142(e),

may have intentionally or unintentionally transmitted the human

immunodeficiency virus to any officer or employee of the United

States, or to any person lawfully present in a correctional

facility who is not incarcerated there, the Attorney General shall

-

(1) cause the person who may have transmitted the virus to be

tested promptly for the presence of such virus and communicate

the test results to the person tested; and

(2) consistent with the guidelines issued by the Bureau of

Prisons relating to infectious disease management, inform any

person (in, as appropriate, confidential consultation with the

person's physician) who may have been exposed to such virus, of

the potential risk involved and, if warranted by the

circumstances, that prophylactic or other treatment should be

considered.

(c) If the results of a test under subsection (a) or (b) indicate

the presence of the human immunodeficiency virus, the Attorney

General shall provide appropriate access for counselling, health

care, and support services to the affected officer, employee, or

other person, and to the person tested.

(d) The results of a test under this section are inadmissible

against the person tested in any Federal or State civil or criminal

case or proceeding.

(e) Not later than 1 year after the date of the enactment of this

section, the Attorney General shall issue rules to implement this

section. Such rules shall require that the results of any test are

communicated only to the person tested, and, if the results of the

test indicate the presence of the virus, to correctional facility

personnel consistent with guidelines issued by the Bureau of

Prisons. Such rules shall also provide for procedures designed to

protect the privacy of a person requesting that the test be

performed and the privacy of the person tested.

-SOURCE-

(Added Pub. L. 105-370, Sec. 2(a), Nov. 12, 1998, 112 Stat. 3374.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(e), is the date of enactment of Pub. L. 105-370, which was

approved Nov. 12, 1998.

-CITE-