[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4001]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 301--GENERAL PROVISIONS
Sec. 4001. Limitation on detention; control of prisons
(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.
(June 25, 1948, ch. 645, 62 Stat. 847; Pub. L. 92-128, Sec. 1(a), (b),
Sept. 25, 1971, 85 Stat. 347.)
Historical and Revision Notes
Based on title 18, U.S.C., 1934 ed., Secs. 741 and 753e (Mar. 3,
1891, ch. 529, Secs. 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.
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Stat. 1488, as amended, which was repealed by section 1202 of the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turn repealed by Pub.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.
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-
