§ 4124. — Purchase of prisonmade products by Federal departments.
[Laws in effect as of January 7, 2003]
[Document affected by Public Law 7]
[CITE: 18USC4124]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 307--EMPLOYMENT
Sec. 4124. Purchase of prison-made products by Federal
departments
(a) The several Federal departments and agencies and all other
Government institutions of the United States shall purchase at not to
exceed 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 arbitrated 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 institution subject to the
requirements of subsection (a) shall separately report acquisitions of
products and services from Federal Prison Industries 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 reports
other acquisitions. Each report published by the Federal Procurement
Data System that contains the information collected by the System shall
include a statement to accompany the information reported 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 Industries is to provide a complete overview of
acquisitions by the Federal Government during the reporting period.''.
(d) Within 90 days after the date of the enactment of this
subsection, Federal Prison Industries shall publish a catalog of all
products and services which it offers for sale. This catalog shall be
updated periodically to the extent necessary 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, Sec. 32,
65 Stat. 723; Pub. L. 98-216, Sec. 3(b)(2), Feb. 14, 1984, 98 Stat. 6;
Pub. L. 101-647, title XXIX, Sec. 2901, Nov. 29, 1990, 104 Stat. 4912;
Pub. L. 102-564, title III, Sec. 303(b), Oct. 28, 1992, 106 Stat. 4262;
Pub. L. 104-316, title I, Sec. 109(b), Oct. 19, 1996, 110 Stat. 3832.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 744g (May 27, 1930, ch.
340, Sec. 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 Division of the Treasury Department by Executive Order No.
6166, Sec. 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 January 1, 1947, 11 Federal Register No. 13,638. The
Bureau of the Budget was substituted for the Bureau of Efficiency which
was abolished by Act of March 3, 1933, ch. 212, Sec. 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 omitted and words ``by
this chapter'' substituted therefor.
The word ``agencies'' was substituted for ``independent
establishments'' to avoid any possibility of ambiguity. See definition
of ``agency'' in section 6 of this title.
References in Text
Section 6(d)(4) of the Office of Federal Procurement Policy Act,
referred to in subsec. (c), is classified to section 405(d)(4) of Title
41, Public Contracts.
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
1996--Subsec. (b). Pub. L. 104-316 substituted ``Attorney General''
for ``Comptroller General of the United States''.
1992--Subsec. (c). Pub. L. 102-564 substituted ``acquisitions of
products and services from Federal Prison Industries 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 reports
other acquisitions'' for ``to the General Services Administration all of
its acquisitions of products and services from Federal Prison
Industries, and that reported information shall be entered in the
Federal Procurement 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 ``Director 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 Federal Supply, Department of
the Treasury'' in second par.
Purchases by Central Intelligence Agency of Products of Federal Prison
Industries
Pub. L. 108-177, title IV, Sec. 404, Dec. 13, 2003, 117 Stat. 2632,
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 Central Intelligence
determines that the product or service to be purchased from Federal
Prison Industries best meets the needs of the Agency.''
Section Referred to in Other Sections
This section is referred to in title 10 section 2410n; title 15
sections 657a, 657f; title 41 section 48.
