to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees.

§ 4042. Duties of Bureau of Prisons.

The Bureau of Prisons, under the direction of the Attorney General, shall

(1) have charge of the management and regulation of all Federal penal and correctional institutions;

(2) provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise;

(3) provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States.

This section shall not apply to military or naval penal or correctional institutions or the persons confined therein. (June 25, 1948, ch. 645, § 1, 62 Stat. 849.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 753a, 753b (May 14, 1930, ch. 274, §§ 2, 3, 46 Stat. 325). Because of similarity in the provisions, the first sentence of section 753b of title 18, U. S. C., 1940 ed., was consolidated with section 753a of title 18, U. S. C., 1940 ed., to form this section.

Minor changes were made in phraseology.

The remainder of said section 753b of title 18, U. S. C., 1940 ed., is incorporated in section 4002 of this title.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Contracts for custody, care, and subsistence of juvenile delinquents by Director of Bureau of Prisons, see section 5036 of this title.

Expenses of transportation of prisoners, see section 4008 of this title.

Juvenile delinquents, subsistence of, see sections 5034 and 5036 of this title.

United States Disciplinary Barracks, see sections 1451 et seq., of Title 10, Army and Air Force.

Chapter 305.-COMMITMENT AND TRANSFER

Sec.

4081. Classification and treatment of prisoners. 4082. Commitment to Attorney General; transfer. 4083. Penitentiary imprisonment; consent.

4084. Copy of commitment delivered with prisoner. 4085. Transfer for state offense; expense.

4086. Temporary safe-keeping of federal offenders by marshals.

§ 4081. Classification and treatment of prisoners.

The Federal penal and correctional institutions shall be so planned and limited in size as to facilitate the development of an integrated system which will assure the proper classification and segregation of Federal prisoners according to the nature of the

offenses committed, the character and mental condition of the prisoners, and such other factors as should be considered in providing an individualized system of discipline, care, and treatment of the persons committed to such institutions. (June 25, 1948, ch. 645, § 1, 62 Stat. 850.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 907 (May 27, 1930, ch. 339, § 7, 46 Stat. 390). Language of section is so changed as to make one policy for all institutions, thus clarifying the manifest intent of Congress.

Minor changes were made in phraseology.

§ 4082. Commitment to Attorney General; transfer.

Persons convicted of an offense against the United States shall be committed, for such terms of imprisonment as the court may direct, to the custody of the Attorney General of the United States or his authorized representative, who shall designate the places of confinement where the sentences shall be served.

The Attorney General may designate any available, suitable, and appropriate institutions, whether maintained by the Federal Government or otherwise, or whether within or without the judicial district in which the person was convicted.

The Attorney General may order any inmate transferred from one institution to another.

The authority conferred upon the Attorney General by this section shall extend to all persons committed to the National Training School for Boys. (June 25, 1948, ch. 645, § 1, 62 Stat. 850.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 753f (May 14, 1930, ch. 274, § 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743).

Words "by the juvenile court of the District of Columbia, as well as to those committed by any court of the United States," at end of section were omitted as unnecessary, and word "all" inserted before "persons", without change of meaning.

Provision against penitentiary imprisonment for a term of 1 year or less without consent of defendant was incorporated in section 4083 of this title.

The phrase "if in his judgment it shall be for the wellbeing of the prisoner or relieve overcrowded or unhealthful conditions in the institution where such person is confined or for other reasons", was omitted as unnecessary. Changes were made in phraseology.

This section supersedes section 705 of title 18, U. S. C., 1940 ed., providing for execution of sentences in houses of correction or reformation; and section 748 of title 18, U. S. C., 1940 ed., providing for confinement of prisoners in United States Disciplinary Barracks.

CROSS REFERENCES

Commitment of juvenile delinquents to custody of Attorney General, see section 5034 of this title.

Expense of transferring prisoners at prison camps, see section 4125 of this title.

Expenses of transportation of prisoners, see section 4008 of this title.

Penitentiary imprisonment for term of one year prohibited except with consent of defendant, see section 4083 of this title.

Transfer of Federal prisoner to State penal or correctional institution, see section 4085 of this title.

FEDERAL FORMS AND CRIMINAL PROCEDURE Form of judgment and commitment, see form 25, following section 3771 of this title.

§ 4083. Penitentiary imprisonment; consent.

Persons convicted of offenses against the United States or by courts-martial and sentenced to terms of imprisonment of more than one year may be confined in any United States penitentiary.

A sentence for an offense punishable by imprisonment for one year or less shall not be served in a penitentiary without the consent of the defendant. (June 25, 1948, ch. 645, § 1, 62 Stat. 850.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 753f, 762 (Mar. 2, 1895, ch. 189, § 1, 28 Stat. 957; June 10, 1896, ch. 400, § 1, 29 Stat. 380; May 14, 1930, ch. 274, § 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743).

Said section 762 was condensed and simplified and extended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See section 1 of this title classifying offenses and notes thereunder.)

The second paragraph is derived from said section 7531 of title 18, U. S. C., 1940 ed.

Minor changes of phraseology were made.

CROSS REFERENCES

Designation of place of confinement by Attorney General, see section 4082 of this title.

Felony and misdemeanor defined, see section 1 of this title.

§ 4084. Copy of commitment delivered with prisoner. Whenever a prisoner is committed to a warden, sheriff or jailer by virtue of a writ, or warrant, a copy thereof shall be delivered to such officer as his authority to hold the prisoner, and the original shall be returned to the proper court or officer, with the officer's return endorsed thereon. (June 25, 1948, ch. 645, § 1, 62 Stat. 850.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 603 (R. S. § 1028).

Word "warden," was inserted before "sheriff" to cover all officers receiving prisoners. Other minor changes of phraseology were made.

CROSS REFERENCES

Orders respecting persons in custody, see section 3012 of this title.

Writs and process under seal of court, see section 1691 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Form of judgment and commitment, see form 25, following section 3771 of this title.

Return of judgment and commitment, see form 25. § 4085. Transfer for state offense; expense.

(a) Whenever any federal prisoner has been indicted, informed against, or convicted of a felony in a court of record of any State or the District of Columbia, the Attorney General shall, if he finds it in the public interest to do so, upon the request of the Governor or the executive authority thereof, and upon the presentation of a certified copy of such indictment, information or judgment of conviction, cause such person, prior to his release, to be transferred to a penal or correctional institution within such State or District.

If more than one such request is presented in respect to any prisoner, the Attorney General shall determine which request should receive preference.

The expense of personnel and transportation incurred shall be chargeable to the appropriation for the "Support of United States prisoners."

(b) This section shall not limit the authority of the Attorney General to transfer prisoners pursuant to other provisions of law. (June 25, 1948, ch. 645, § 1, 62 Stat. 850.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 733, 733a, 733b (Apr. 30, 1940, ch. 176, §§ 1, 2, 3, 54 Stat. 175, 176).

Section consolidates sections 733, 733a, and 733b of title 18, U. S. C., 1940 ed.

Definitions of "indictment," "indicted," and "State" were omitted as unnecessary in view of the inclusion of equivalent terms in the revised text.

Necessary changes were made in translations of text references and in phraseology.

§ 4086. Temporary safe-keeping of federal offenders by marshals.

United States marshals shall provide for the safekeeping of any person arrested, or held under authority of any enactment of Congress pending commitment to an institution. (June 25, 1948, ch. 645, § 1, 62 Stat. 851.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 691, 692 (R. S., §§ 5537, 5538).

Said section 691 of title 18, U. S. C., 1940 ed., is superseded by sections 753b and 753c of title 18, U. S. C., 1940 ed., which are incorporated in sections 4002, 4003 and 4042 of this title.

This section is rewritten to retain the intent of section 692 of title 18, U. S. C., 1940 ed., which was to insure a safekeeping of United States prisoners until their commitment or confinement in Federal penal institutions. The language conforms with that of said sections 692 and 753b.

Minor changes were made in phraseology.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees.

§ 4121. Federal Prison Industries; board of directors.

"Federal Prison Industries," a government corporation of the District of Columbia, shall be administered by a board of six directors, appointed by the President to serve at the will of the President without compensation.

The directors shall be representatives of (1) industry, (2) labor, (3) agriculture, (4) retailers and consumers, (5) the Secretary of Defense, and (6) the Attorney General, respectively. (June 25, 1948, ch. 645, § 1, 62 Stat. 851; May 24, 1949, ch. 139, § 62, 63 Stat. 98.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C.. 1940 ed., §§ 7441, 744] (June 23, 1934, ch. 736, §§ 1, 2, 48 Stat. 1211). Section consolidates sections 7441 and 744] of title 18, U. S. C., 1940 ed. The former was rewritten omitting unnecessary recital as to policy and expressing the original language of the two sections more logically.

Changes were made in transposition and phraseology.

AMENDMENTS

1949-Act May 24, 1949, amended section by making a representative of the Secretary of Defense a member of the board of directors.

EXCEPTION FROM TRANSFER OF FUNCTIONS Functions of Federal Prison Industries, Inc., and of the Board of Directors and officers of Federal Prison Industries, Inc., were not included in the transfer of functions of officers, agencies and employees of the Department of Justice to the Attorney General, made by 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. § 4122. Administration of Federal Prison Industries.

(a) Federal Prison Industries shall determine in what manner and to what extent industrial operations shall be carried on in Federal penal and correctional institutions for the production of commodities for consumption in such institutions or for sale to the departments or agencies of the United States, but not for sale to the public in competition with private enterprise.

(b) Its board of directors shall provide employment for all physically fit inmates in the United States penal and correctional institutions, diversify, so far as practicable, prison industrial operations and so operate the prison shops that no single private industry shall be forced to bear an undue burden of competition from the products of the prison workshops, and to reduce to a minimum competition with private industry or free labor.

(c) Its board of directors may provide for the vocational training of qualified inmates without regard to their industrial or other assignments.

(d) The provisions of this chapter shall apply to the industrial employment and training of prisoners convicted by general courts-martial and confined in any institution under the jurisdiction of any department or agency comprising the Department of Defense, to the extent and under terms and conditions agreed upon by the Secretary of Defense, the Attorney General and the Board of Directors of Federal Prison Industries.

(e) Any department or agency of the Department of Defense may, without exchange of funds, transfer to Federal Prison Industries any property or equip

ment suitable for use in performing the functions and duties covered by agreement entered into under subsection (d) of this section. (June 25, 1948, ch. 645, § 1, 62 Stat. 851; May 24, 1949, ch. 139, § 63, 63 Stat. 98; Oct. 31, 1951, ch. 655, § 31, 65 Stat. 722.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 744a, 744c, 744k (May 27, 1930, ch. 340, §§ 1, 3, 46 Stat. 391; June 23, 1934, ch. 736, § 3, 48 Stat. 1211).

Section consolidates sections 744a, part of 744c, and 744k of title 18, U. S. C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation. Provisions in section 744k of title 18, U. S. C., 1940 ed., for transfer of duties to the corporation was omitted as executed.

Other provisions of said section 744c of title 18, U. S. C., 1940 ed., form section 4123 of this title. Changes were made in phraseology.

AMENDMENTS

1951-Subsec. (d) amended by act Oct. 31, 1951, which inserted "Department of Defense" in lieu of "National Military Establishment".

Subsec. (e) amended by act Oct. 31, 1951, which substituted "Department of Defense" in lieu of "National Military Establishment".

1949-Act May 24, 1949, amended section by designating original first two pars. as subsecs. (a) and (b) and by adding subsecs. (c)—(e).

EXCEPTION FROM TRANSFER OF FUNCTIONS Functions of Federal Prison Industries, Inc., and of the Board of Directors and officers of Federal Prison Industries, Inc., were not included in the transfer of functions of officers, agencies and employees of the Department of Justice to the Attorney General, made by 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees.

UTILIZATION OF SURPLUS PROPERTY

Act June 29, 1948, ch. 719, § 4, 62 Stat. 1100, provided that:

"For its own use in the industrial employment and training of prisoners and not for transfer or disposition, transfers of surplus property under the Surplus Property Act of 1944 [former sections 1611-1646 of Appendix to Title 50] may be made to Federal Prison Industries, Incorporated, without reimbursement or transfer of funds." § 4123. New industries.

Any industry established under this chapter shall be so operated as not to curtail the production of any existing arsenal, navy yard, or other Government workshop.

Such forms of employment shall be provided as will give the inmates of all Federal penal and correctional institutions a maximum opportunity to acquire a knowledge and skill in trades and occupations which will provide them with a means of earning a livelihood upon release.

The industries may be either within the precincts of any penal or correctional institution or in any convenient locality where an existing property may be obtained by lease, purchase, or otherwise. (June 25, 1948, ch. 645, § 1, 62 Stat. 851.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 744c (May 27, 1930, ch. 340, § 3, 46 Stat. 391).

A part of said section 744c of title 18, U. S. C., 1940 ed., is incorporated in section 4122 of this title.

References to the Attorney General were omitted because section 744k of title 18, U. S. C., 1940 ed., as orig

inally enacted, provided for the transfer to Federal Prison Industries of the powers and duties then vested in the Attorney General.

References to "this chapter" were substituted for “this section" since the general authority to establish and supervise prison industries is contained in this chapter. Minor changes of phraseology were made.

§ 4124. Purchase of prison-made products by Federal departments.

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.

Disputes as to the price, quality, character, or suitability of such products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the Director of the Bureau of the Budget, or their representatives. Their decision shall be final and binding upon all parties. (June 25, 1948, ch. 645, § 1, 62 Stat. 851; Oct. 31, 1951, ch. 655, § 32, 65 Stat. 723.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 744g (May 27, 1930, ch. 340, § 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, § 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, § 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.

AMENDMENTS

1951-Act Oct. 31, 1951 amended second paragraph by substituting "Administrator of General Services" in lieu of "Director of the Bureau of Federal Supply, Department of the Treasury”.

§ 4125. Public works; prison camps.

(a) The Attorney General may make available to the heads of the several departments the services of United States prisoners under terms, conditions, and rates mutually agreed upon, for constructing or repairing roads, clearing, maintaining and reforesting public lands, building levees, and constructing or repairing any other public ways or works financed wholly or in major part by funds appropriated by Congress.

(b) The Attorney General may establish, equip, and maintain camps upon sites selected by him elsewhere than upon Indian reservations, and designate such camps as places for confinement of persons convicted of an offense against the laws of the United States.

(c) The expenses of transferring and maintaining prisoners at such camps and of operating such camps shall be paid from the appropriation "Support of United States prisoners", which may, in the discretion of the Attorney General, be reimbursed for such expenses.

(d) As part of the expense of operating such camps the Attorney General is authorized to provide for the payment to the inmates or their dependents such pecuniary earnings as he may deem proper, under such rules and regulations as he may prescribe.

(e) All other laws of the United States relating to the imprisonment, transfer, control, discipline, escape, release of, or in any way affecting prisoners, shall apply to prisoners transferred to such camps. (June 25, 1948, ch. 645, § 1, 62 Stat. 852.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 744b, 851, 853, 854, 855 (Feb. 26, 1929, ch. 336, §§ 1, 3, 4, 5, 45 Stat. 1318; May 27, 1930, ch. 340, § 2, 46 Stat. 391). Section consolidates section 744b of title 18, U. S. C., 1940 ed., with those portions of sections 851, 853-855 of title 18, U. S. C., 1940 ed., which may not have been superseded by section 744b of said title.

Section 851 of title 18, U. S. C., 1940 ed., was superseded except for the proviso which formed the basis for the added words "elsewhere than upon Indian reservations". Section 855 of title 18, U. S. C., 1940 ed., was superseded by section 744b of title 18, U. S. C., 1940 ed., except as to the specific mention in section 855 of said title of expense for maintenance and operation of camps. Hence a reference to operation was added in subsection (c) of this section.

Section 854 of title 18, U. S. C., 1940 ed., was added as a part of subsection (c).

Section 853 of title 18, U. S. C., 1940 ed., was added as subsection (d) of this section, although its retention may be unnecessary.

The phrase "the cost of which is borne exclusively by the United States" which followed the words "constructing or repairing roads" was omitted as inconsistent with the later phrase "constructing or repairing any other public ways or works financed wholly or in major part by funds appropriated from the Treasury of the United States."

The provision for transfer of prisoners was omitted as duplicitous of a similar provision in section 4082 of this title.

Other changes of phraseology were made.

CROSS REFERENCES

Transfer of inmates, see section 4082 of this title.

§ 4126. Prison Industries Fund; use and settlement of accounts.

All moneys under the control of Federal Prison Industries, or received from the sale of the products or by-products of such Industries, or for the services of federal prisoners, shall be deposited or covered into the Treasury of the United States to the credit of the Prison Industries Fund and withdrawn therefrom only pursuant to accountable warrants or certificates of settlement issued by the General Accounting Office.

All valid claims and obligations payable out of said fund shall be assumed by the corporation.

The corporation, in accordance with the laws generally applicable to the expenditures of the several departments and establishments of the government, is authorized to employ the fund, and any earnings that may accrue to the corporation, as operating capital in performing the duties imposed by this

chapter; in the repair, alteration, erection and maintenance of industrial buildings and equipment; in the vocational training of inmates without regard to their industrial or other assignments; in paying, under rules and regulations promulgated by the Attorney General, compensation to inmates employed in any industry, or performing outstanding services in institutional operations, and compensation to inmates or their dependents for injuries suffered in any industry. In no event shall compensation be paid in a greater amount than that provided in the Federal Employees' Compensation Act.

Accounts of all receipts and disbursements of the corporation shall be rendered to the General Accounting Office for settlement and adjustment, as required by the Comptroller General.

Such accounting shall include all fiscal transactions of the corporation, whether involving appropriated moneys, capital, or receipts from other sources. (June 25, 1948, ch. 645, § 1, 62 Stat. 852; May 24, 1949, ch. 139, § 64, 63 Stat. 99.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 744d, 744e, 744f, 7447 (May 27, 1930, ch. 340, §§ 4-6, 46 Stat. 391, 392; June 23, 1934, ch. 736, § 4, 48 Stat. 1211). This section is a restatement of section 7441 of title 18, U. S. C., 1940 ed., with which sections 744d and 744f and the first sentence of section 744e of title 18, U. S. C., 1940 ed., are consolidated, in view of the fact that those provisions have been superseded by section 7441 of title 18, U. S. C., 1940 ed., in connection with other provisions of the act of June 23, 1934, ch. 736, 48 Stat. 1211.

The first sentence of section 7441 of title 18, U. S. C., 1940 ed., authorizing replacement of the prison industries working capital fund by the prison industries fund was omitted, as executed. That provision superseded section 744d of title 18, U. S. C., 1940 ed., which authorized creation of the prison industries working capital fund and the first sentence of section 744e of title 18, U. S. C., 1940 ed., directing that certain funds should be credited to the consolidated prison industries working capital fund.

The phrase "or received from the sale of the products or by-products of such Industries, or for the services of Federal prisoners," was inserted to make the first paragraph of this section complete, and required the Federal Prison Industries to account for all moneys under its control.

The words "in the repair, alteration, erection and maintenance of industrial buildings and equipment" and "under rules and regulations promulgated by the Attorney General in paying compensation to inmates employed in any industry, or performing outstanding services in industrial operations" were inserted in part to conform to administrative construction, and in part to provide greater flexibility in the operation of Prison Industries. Much friction was caused by the inability of Prison Industries to compensate inmates whose services in operating the utilities of the institution were most necessary but which were uncompensated while those prisoners who worked in the Industries received compensation. This inequitable situation is corrected by the revised section.

The words "in performing the duties imposed by this chapter" were substituted for the words "for the purposes enumerated in sections 744a-744h of this title," since the provisions with regard to prison industries now appear in this chapter. The general provisions as to use of the fund supersede the more specific provisions of section 744f of said title (enacted earlier).

A reference to the Federal Employees' Compensation Act as appeared in the 1934 act was substituted for the reference to specific sections of title 5. The word "law" was substituted for the reference to sections in title 31 since translation of the reference in the 1934 act was not practicable.

Remaining provisions of said section 744e of title 18, U. S. C., 1940 ed., relating to authorization of appropriations, were omitted as unnecessary.

Other changes in phraseology were made.

REFERENCES IN TEXT

The Federal Employees' Compensation Act, referred to in the text, is classified to sections 751-756, 757-791, and 793 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1949-Act May 24, 1949, amended section by inserting in the third par. "in the vocational * or other assignments;" immediately following the second semi

colon.

EXCEPTION FROM TRANSFER OF FUNCTIONS Functions of Federal Prison Industries, Inc., and of the Board of Directors and officers of Federal Prison Industries, Inc., were not included in the transfer of functions of officers, agencies and employees of the Department of Justice to the Attorney General, made by 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Financial control of Corporation, see chapter 14 of Title 31, Money and Finance.

General Accounting Office; creation, powers, duties, etc., see section 41 et seq. of Title 31, Money and Finance. § 4127. Prison Industries report to Congress.

The board of directors of Federal Prison Industries shall make annual reports to Congress on the conduct of the business of the corporation and on the condition of its funds. (June 25, 1948, ch. 645, § 1, 62 Stat. 852.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 744m (June 23, 1934, ch. 736, § 5, 48 Stat. 1212). Words "of Federal Prison Industries" were inserted after "board of directors".

Minor changes were made in phraseology.

EXCEPTION FROM TRANSFER OF FUNCTIONS Functions of Federal Prison Industries, Inc., and of the Board of Directors and officers of Federal Prison Industries, Inc., were not included in the transfer of functions of officers, agencies and employees of the Department of Justice to the Attorney General, made by 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Reports by Comptroller General to Congress on audit of Government Corporations, see section 851 of Title 31. Money and Finance.

§4128. Enforcement by Attorney General.

In the event of any failure of Federal Prison Industries to act, the Attorney General shall not be limited in carrying out the duties conferred upon him by law. (June 25, 1948, ch. 645, § 1, 62 Stat. 853.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed.. § 744n (June 23, 1934, ch. 736, § 6, 48 Stat. 1212). Phrase relating to section being "supplemental" to sections 7441-744h of Title 18, U. S. C., 1940 ed., is omitted as

unnecessary.

Retention of remainder of section is essential to insure authority of Attorney General to require performance of duties of Prison Industries. (See sections 4001 and 4003 of this title.) This is also consistent with Reorganization Plan No. II, § 3 (a), transferring the corporation to the Department of Justice "under the general direction and supervision of the Attorney General". (See section 133t