18 U.S.C. § 4122 — Administration of Federal Prison Industries
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 986 words · no verdicts yet
Federal Prison Industries controls prison industrial operations, subject to limits designed to provide inmate work and training while limiting unfair competition with private industry. It also sets procedures for new or expanded products and permits certain Defense and District of Columbia arrangements.
(a) Federal Prison Industries decides how and how much industrial work is carried out in Federal prisons to make goods for those institutions or for United States departments and agencies. It may not sell to the public in competition with private business. (b)(1) The board must provide reasonably possible work for the greatest number of eligible inmates, diversify prison industries where practicable, operate shops so no single private industry bears an undue competitive burden, and minimize competition with private industry and free labor. (2) Federal Prison Industries must make products economically, avoid taking more than a reasonable share of the Federal market for a particular product, and focus on products that employ the greatest reasonably possible number of eligible inmates. (3) It must diversify products so sales are spread among its industries as broadly as possible. (4) The board must decide whether to make a new product or significantly expand an existing product. Before its final decision, the corporation must prepare a detailed written analysis of likely effects on industry and free labor, including (A)(i) the number of current Federal vendors; (ii) the share of the Federal market served by small businesses, small disadvantaged businesses, or businesses in labor-surplus areas; (iii) Federal and non-Federal market sizes; (iv) projected Federal demand growth; and (v) whether the Federal market can support both Federal Prison Industries and private vendors. It must announce the plan in a publication likely to notify affected private vendors, state that the analysis is available, and invite private-industry comments (B); directly notify reasonably identifiable affected trade associations and invite their comments (C); and give the board the analysis, submitted comments, and the corporation's recommendations, while giving an established trade association or other interested private-industry representatives a reasonable opportunity to comment directly to the board if requested (D)(i)–(iii). (5) It must publish the board's final decision in the manner specified in paragraph (4)(B). (6) After each six-month period, it must publish a list of that period's sales and make it available to all interested parties. (c) The board may provide vocational training to qualified inmates regardless of their industrial or other assignments. (d)(1) This chapter applies to industrial employment and training of prisoners convicted by general courts-martial and confined in an institution under a Defense Department* component, to the extent and on terms agreed by the Secretary of Defense, Attorney General, and Federal Prison Industries board. (2) A Defense department or agency* may transfer suitable property or equipment to Federal Prison Industries without exchanging funds. (e)(1) This chapter applies to industrial employment and training of prisoners in an institution directed by the District of Columbia Commissioner, to the extent and on terms agreed by the Commissioner, Attorney General, and board. (2) The Commissioner may transfer suitable property or equipment to Federal Prison Industries without exchanging funds. (3) Nothing here changes the Act approved October 3, 1964, establishing the District of Columbia correctional industries fund.
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.
Its board of directors shall provide employment for the greatest number of those inmates in the United States penal and correctional institutions who are eligible to work as is reasonably possible, 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.
Federal Prison Industries shall conduct its operations so as to produce products on an economic basis, but shall avoid capturing more than a reasonable share of the market among Federal departments, agencies, and institutions for any specific product. Federal Prison Industries shall concentrate on providing to the Federal Government only those products which permit employment of the greatest number of those inmates who are eligible to work as is reasonably possible.
Federal Prison Industries shall diversify its products so that its sales are distributed among its industries as broadly as possible.
Any decision by Federal Prison Industries to produce a new product or to significantly expand the production of an existing product shall be made by the board of directors of the corporation. Before the board of directors makes a final decision, the corporation shall do the following:
The corporation shall prepare a detailed written analysis of the probable impact on industry and free labor of the plans for new production or expanded production. In such written analysis the corporation shall, at a minimum, identify and consider—
the number of vendors currently meeting the requirements of the Federal Government for the product;
the proportion of the Federal Government market for the product currently served by small businesses, small disadvantaged businesses, or businesses operating in labor surplus areas;
the size of the Federal Government and non-Federal Government markets for the product;
the projected growth in the Federal Government demand for the product; and
the projected ability of the Federal Government market to sustain both Federal Prison Industries and private vendors.
The corporation shall announce in a publication designed to most effectively provide notice to potentially affected private vendors the plans to produce any new product or to significantly expand production of an existing product. The announcement shall also indicate that the analysis prepared under subparagraph (A) is available through the corporation and shall invite comments from private industry regarding the new production or expanded production.
The corporation shall directly advise those affected trade associations that the corporation can reasonably identify the plans for new production or expanded production, and the corporation shall invite such trade associations to submit comments on those plans.
The corporation shall provide to the board of directors—
the analysis prepared under subparagraph (A) on the proposal to produce a new product or to significantly expand the production of an existing product,
comments submitted to the corporation on the proposal, and
the corporation’s recommendations for action on the proposal in light of such comments.
In addition, the board of directors, before making a final decision under this paragraph on a proposal, shall, upon the request of an established trade association or other interested representatives of private industry, provide a reasonable opportunity to such trade association or other representatives to present comments directly to the board of directors on the proposal.
Federal Prison Industries shall publish in the manner specified in paragraph (4)(B) the final decision of the board with respect to the production of a new product or the significant expansion of the production of an existing product.
Federal Prison Industries shall publish, after the end of each 6-month period, a list of sales by the corporation for that 6-month period. Such list shall be made available to all interested parties.
Its board of directors may provide for the vocational training of qualified inmates without regard to their industrial or other assignments.
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.
Any department or agency of the Department of Defense may, without exchange of funds, transfer to Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by agreement entered into under paragraph (1) of this subsection.
The provisions of this chapter shall apply to the industrial employment and training of prisoners confined in any penal or correctional institution under the direction of the Commissioner of the District of Columbia to the extent and under terms and conditions agreed upon by the Commissioner, the Attorney General, and the Board of Directors of Federal Prison Industries.
The Commissioner of the District of Columbia may, without exchange of funds, transfer to the Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by an agreement entered into under subsection (e)(1) of this section.
Nothing in this chapter shall be construed to affect the provisions of the Act approved October 3, 1964 (D.C. Code, sections 24–451 et seq.), entitled “An Act to establish in the Treasury a correctional industries fund for the government of the District of Columbia, and for other purposes.”
Source credit: (June 25, 1948, ch. 645, 62 Stat. 851; May 24, 1949, ch. 139, § 63, 63 Stat. 98; Oct. 31, 1951, ch. 655, § 31, 65 Stat. 722; Pub. L. 90–226, title VIII, § 802, Dec. 27, 1967, 81 Stat. 741; Pub. L. 100–690, title VII, § 7096, Nov. 18, 1988, 102 Stat. 4413.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 851
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 98
- 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 722
- 1967Amended · Pub. L. 90-226 · 81 Stat. 741
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4413
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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