PRISON COMMISSARY BILL

Section 4043 of title 18, United States Code, is amended by striking the current language and inserting the following:

`(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 called the Prison Commissary Fund which shall be available to the Federal 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 Federal 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 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 investments shall be deposited in the Prison Commissary Fund.

`(e) There shall be deposited in the Fund, subject to withdrawal by the Federal 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 which may be derived from investments of the Fund.

`(f) The Fund shall be available for the payment of any expenses incurred by the Federal Bureau of Prisons in establishing, operating, and maintaining prison commissaries and the Prison Commissary Fund, 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.

`(g) The Director of the Bureau of Prisons is authorized to use monies from the Prison Commissary Fund for the general welfare of inmates. No inmate shall be entitled to any portion of the Fund.

`(h) Employees compensated by or through the Prison Commissary Fund may be assigned additional duties other than those directly related to commissary activities.

`(i) The provisions of 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.'.

SEC. 702. TECHNICAL AMENDMENT.

Section 1321(b) of title 31, United States Code, is amended by striking `Commissary Funds, Federal Prisons'.

Passed the House of Representatives February 10, 1995.

Attest:

ROBIN H. CARLE,

Clerk.

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