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