[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 45 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                 H. R. 45

     To amend title 18, United States Code, with regard to prison 
                 commissaries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

 Mrs. Biggert introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, with regard to prison 
                 commissaries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Telephone Abuse Reduction 
Act of 2001''.

SEC. 2. ADMINISTRATION OF FEDERAL PRISON COMMISSARIES.

    (a) Implementation of Inspector General Recommendations.--The 
Bureau of Prisons shall implement and follow the recommendations 
contained in the report entitled ``Criminal Calls: A Review of the 
Bureau of Prisons' Management of Inmate Telephone Privileges'' made by 
the Inspector General of the Department of Justice in August of 1999.
    (b) General Revision and Reenactment of Section 4043.--Section 4043 
of title 18, United States Code, is amended to read as follows:
``Sec. 4043. Prison commissary administration
    ``(a) The Director of the Bureau of Prisons may establish, operate, 
and maintain commissaries in Federal penal or correctional facilities, 
from and through which articles and services may be procured, sold, 
rendered, or otherwise provided or made available for the benefit of 
inmates confined within those facilities. Only those articles or 
services authorized by the Director of the Bureau of Prisons may be 
procured from or through prison commissaries for the use of inmates.
    ``(b) There is established in the Treasury of the United States a 
revolving fund to be known as the Prison Commissary Fund, which shall 
be available to the Bureau of Prisons without fiscal year limitation to 
carry out the purposes, functions, and powers authorized by this 
section. Funds currently on deposit in the ``Commissary funds, Federal 
prisons'' account of the Treasury shall be transferred to the Prison 
Commissary Fund.
    ``(c) The Director of the Bureau of Prisons may accept gifts or 
bequests of money for credit to the Fund. The Director may also accept 
gifts or bequests of other property, real or personal, for use or other 
disposition by the Bureau of 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.).
    ``(d) Amounts in the Prison Commissary Fund that are not needed for 
operations shall be kept on deposit or invested in obligations of, or 
guaranteed by, the United States and all earnings on such investments 
shall be deposited in the Prison Commissary Fund.
    ``(e) There shall be deposited in the Fund, subject to withdrawal 
by the Bureau of Prisons--
            ``(1) revenues received from the sale of articles through 
        prison commissaries;
            ``(2) revenues received from services rendered by prison 
        commissaries;
            ``(3) a gift or bequest of money for credit to the Fund;
            ``(4) proceeds from the sale or disposal of donated 
        property, real or personal, for credit to the Fund; and
            ``(5) earnings or interest that may be derived from 
        investments of the Fund.
    ``(f)(1) The Fund shall be available for the payment of any 
expenses incurred by the Bureau of Prisons in establishing, operating, 
and maintaining prison commissaries, including the employment of 
personnel, the purchase of equipment, security-related or otherwise, 
and those expenses incurred in the provision of articles or services 
procured, sold, rendered, or otherwise provided or made available to 
inmates.
    ``(2) The Director of the Bureau of Prisons may use amounts from 
the Prison Commissary Fund for any purpose, including expenditures for 
programs, goods, and services, that benefits the general welfare of 
inmates. No inmate shall be entitled to any portion of the Fund.
    ``(g) Employees compensated by or through the Prison Commissary 
Fund may be assigned additional duties other than those directly 
related to commissary activities.
    ``(h) Sections 554 and 555 and 701 through 706 of title 5, United 
States Code, do not apply to the making of any determination, decision, 
or order under this section.''.
    (c) Conforming Amendment.--Section 1321(a) of title 31, United 
States Code, is amended by striking paragraph (22).
    (d) Clerical Amendment.--The item in the table of sections for 
chapter 303 of title 18, United States Code, that relates to section 
4043 is amended to read as follows:

``4043. Prison commissary administration.''.
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