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§ 4043. —  Acceptance of gifts and bequests to the Commissary Funds, Federal Prisons.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC4043]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                     PART III--PRISONS AND PRISONERS
 
                     CHAPTER 303--BUREAU OF PRISONS
 
Sec. 4043. Acceptance of gifts and bequests to the Commissary 
        Funds, Federal Prisons
        
    The Attorney General may accept gifts or bequests of money for 
credit to the ``Commissary Funds, Federal Prisons''. A gift or bequest 
under this section is a gift or bequest to or for the use of the United 
States under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Added Pub. L. 97-258, Sec. 2(d)(4)(B), Sept. 13, 1982, 96 Stat. 1059; 
amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised Section                   Source (U.S. Code)                Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
4043.................................  31:725s-4.                      May 15, 1952, ch. 289, Sec.  2, 66 Stat.
                                                                        72; July 9, 1952, ch. 600, 66 Stat. 479.
----------------------------------------------------------------------------------------------------------------

                               Amendments

    1986--Pub. L. 99-514 substituted ``Internal Revenue Code of 1986'' 
for ``Internal Revenue Code of 1954''.


                  Expenditures; Inmate Telephone System

    Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 108], Oct. 21, 
1998, 112 Stat. 2681-50, 2681-67, provided that: ``For fiscal year 1999 
and thereafter, the Director of the Bureau of Prisons may make 
expenditures out of the Commissary Fund of the Federal Prison System, 
regardless of whether any such expenditure is security-related, for 
programs, goods, and services for the benefit of inmates (to the extent 
the provision of those programs, goods, or services to inmates is not 
otherwise prohibited by law), including--
        ``(1) the installation, operation, and maintenance of the Inmate 
    Telephone System;
        ``(2) the payment of all the equipment purchased or leased in 
    connection with the Inmate Telephone System; and
        ``(3) the salaries, benefits, and other expenses of personnel 
    who install, operate, and maintain the Inmate Telephone System.''


  Deposit or Investment of Excess Amounts in Federal Prison Commissary 
                                  Fund

    Section 108 of H.R. 2076, One Hundred Fourth Congress, as passed by 
the House of Representatives on Dec. 6, 1995, and as enacted into law by 
Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, as 
amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 
37, provided that: ``For fiscal year 1996 and each fiscal year 
thereafter, amounts in the Federal Prison System's Commissary Fund, 
Federal Prisons, which are not currently needed for operations, shall be 
kept on deposit or invested in obligations of, or guaranteed by, the 
United States and all earnings on such investment shall be deposited in 
the Commissary Fund.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 103-317, title I, Sec. 107, Aug. 26, 1994, 108 Stat. 1735.

                  Section Referred to in Other Sections

    This section is referred to in title 26 sections 170, 2055.



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