-CITE- 18 USC CHAPTER 307 - EMPLOYMENT 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- CHAPTER 307 - EMPLOYMENT -MISC1- Sec. 4121. Federal Prison Industries; board of directors. 4122. Administration of Federal Prison Industries. 4123. New industries. 4124. Purchase of prison-made products by Federal departments. 4125. Public works; prison camps. 4126. Prison Industries Fund; use and settlement of accounts. 4127. Prison Industries report to Congress. 4128. Enforcement by Attorney General. 4129. Authority to borrow and invest. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3599A, Nov. 29, 1990, 104 Stat. 4931, substituted "Fund" for "fund" in item 4126. 1988 - Pub. L. 100-690, title VII, Sec. 7093(b), Nov. 18, 1988, 102 Stat. 4412, added item 4129. -End- -CITE- 18 USC Sec. 4121 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4121. Federal Prison Industries; board of directors -STATUTE- "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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 851; May 24, 1949, ch. 139, Sec. 62, 63 Stat. 98.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Secs. 744i, 744j (June 23, 1934, ch. 736, Secs. 1, 2, 48 Stat. 1211). Section consolidates sections 744i and 744j 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 transportation and phraseology. 1949 ACT This section [section 62] incorporates in section 4121 of title 18, U.S.C., with changes in phraseology, the provisions of section 3 of act of June 29, 1948 (ch. 719, 62 Stat. 1100), which was enacted subsequent to the enactment of the revision of title 18 and which provided for appointment of an additional member of the board of directors of the Federal Prison Industries, as a representative of the Secretary of Defense. AMENDMENTS 1949 - Act May 24, 1949, made a representative of the Secretary of Defense a member of the board of directors. -TRANS- TRANSFER OF FUNCTIONS Federal Prison Industries, Inc. (together with its Board of Directors), and its functions transferred to Department of Justice to be administered under general direction and supervision of Attorney General, by Reorg. Plan No. II of 1939, Sec. 3(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431, set out in the Appendix to Title 5, Government Organization and Employees. See, also, Reorg. Plan No. 2 of 1950, Sec. 1, eff. May 1, 1950, 15 F.R. 3173, 64 Stat. 1261, and section 509 of Title 28, Judiciary and Judicial Procedure. -MISC2- MANDATORY WORK REQUIREMENT FOR ALL PRISONERS Pub. L. 101-647, title XXIX, Sec. 2905, Nov. 29, 1990, 104 Stat. 4914, provided that: "(a) In General. - (1) It is the policy of the Federal Government that convicted inmates confined in Federal prisons, jails, and other detention facilities shall work. The type of work in which they will be involved shall be dictated by appropriate security considerations and by the health of the prisoner involved. "(2) A Federal prisoner may be excused from the requirement to work only as necessitated by - "(A) security considerations; "(B) disciplinary action; "(C) medical certification of disability such as would make it impracticable for prison officials to arrange useful work for the prisoner to perform; or "(D) a need for the prisoner to work less than a full work schedule in order to participate in literacy training, drug rehabilitation, or similar programs in addition to the work program." CLOSURE OF MCNEIL ISLAND PENITENTIARY; REPORT ON STATUS OF FEDERAL PRISON INDUSTRIES Pub. L. 95-624, Sec. 10, Nov. 9, 1978, 92 Stat. 3463, provided that: "(a) On or before September 1, 1979, the Attorney General shall submit to the Congress - "(1) a plan to assure the closure of the United States Penitentiary on McNeil Island, Steilacoom, Washington, on or before January 1, 1982; and "(2) a report on the status of the Federal Prison Industries. "(b) The report made under this section shall include a long- range plan for the improvement of meaningful employment training, and the methods which could be undertaken to employ a greater number of United States prisoners in the program. Such report may include recommendations for legislation." -End- -CITE- 18 USC Sec. 4122 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4122. Administration of Federal Prison Industries -STATUTE- (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)(1) 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. (2) 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. (3) Federal Prison Industries shall diversify its products so that its sales are distributed among its industries as broadly as possible. (4) 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: (A) 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 - (i) the number of vendors currently meeting the requirements of the Federal Government for the product; (ii) 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; (iii) the size of the Federal Government and non-Federal Government markets for the product; (iv) the projected growth in the Federal Government demand for the product; and (v) the projected ability of the Federal Government market to sustain both Federal Prison Industries and private vendors. (B) 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. (C) 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. (D) The corporation shall provide to the board of directors - (i) the analysis prepared under subparagraph (A) on the proposal to produce a new product or to significantly expand the production of an existing product, (ii) comments submitted to the corporation on the proposal, and (iii) 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. (5) 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. (6) 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. (c) Its board of directors may provide for the vocational training of qualified inmates without regard to their industrial or other assignments. (d)(1) 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. (2) 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. (e)(1) 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. (2) 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. (3) 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- (June 25, 1948, ch. 645, 62 Stat. 851; May 24, 1949, ch. 139, Sec. 63, 63 Stat. 98; Oct. 31, 1951, ch. 655, Sec. 31, 65 Stat. 722; Pub. L. 90-226, title VIII, Sec. 802, Dec. 27, 1967, 81 Stat. 741; Pub. L. 100-690, title VII, Sec. 7096, Nov. 18, 1988, 102 Stat. 4413.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Secs. 744a, 744c, 744k (May 27, 1930, ch. 340, Secs. 1, 3, 46 Stat. 391; June 23, 1934, ch. 736, Sec. 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. 1949 ACT Subsection (c) of section 4122 of title 18, U.S.C., as added by this amendment [see section 63], incorporates provisions of act of May 11, 1948 (ch. 276, 62 Stat. 230), which was not incorporated in title 18 when the revision was enacted. The remainder of such act is incorporated in section 4126 of such title by another section of this bill. Subsections (d) and (e) of such section 4122, added by this amendment [see section 63], incorporate, with changes in phraseology, the provisions of sections 1 and 2 of act of June 29, 1948 (ch. 719, 62 Stat. 1100), extending the functions and duties of Federal Prisons Industries, Incorporated, to military disciplinary barracks. Section 3 of such act is incorporated in section 4121 of such title by another section of this bill, and section 4 of such act is classified to section 1621a of title 50, U.S.C., Appendix, War and National Defense. -REFTEXT- REFERENCES IN TEXT The Act approved October 3, 1964 (D.C. Code, sections 24-451 et seq.), entitled "An Act to establish in the Treasury a correctional institution industries fund for the government of the District of Columbia, and for other purposes", referred to in subsec. (e)(3), is Pub. L. 88-622, Oct. 3, 1964, 78 Stat. 1000. -MISC2- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-690 designated existing provisions as par. (1), substituted "the greatest number of those inmates in the United States penal and correctional institutions who are eligible to work as is reasonably possible" for "all physically fit inmates in the United States penal and correctional institutions", and added pars. (2) to (6). 1967 - Subsec. (d). Pub. L. 90-226, Sec. 802(1), (2), designated existing provisions of subsec. (d) as par. (1) thereof, designated existing provisions of subsec. (e) as par. (2) of subsec. (d), and substituted reference to par. (1) of this subsection for reference to subsec. (d) of this section. Subsec. (e). Pub. L. 90-226, Sec. 802(3), added subsec. (e). Former subsec. (e) redesignated (d)(2). 1951 - Subsecs. (d), (e). Act Oct. 31, 1951, substituted "Department of Defense" for "National Military Establishment". 1949 - Act May 24, 1949, designated existing first two pars. as subsecs. (a) and (b), respectively, and added subsecs. (c) to (e). -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Office of Mayor of District of Columbia by section 421 of Pub. L. 93-198. -MISC3- UTILIZATION OF SURPLUS PROPERTY Act June 29, 1948, ch. 719, Sec. 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 to 1646 of Appendix to Title 50, War and National Defense], may be made to Federal Prison Industries, Incorporated, without reimbursement or transfer of funds." -End- -CITE- 18 USC Sec. 4123 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4123. New industries -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 851.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 744c (May 27, 1930, ch. 340, Sec. 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 originally 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. -End- -CITE- 18 USC Sec. 4124 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4124. Purchase of prison-made products by Federal departments -STATUTE- (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. -SOURCE- (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.) -MISC1- 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. -REFTEXT- 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. -MISC2- 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. AGENCY PURCHASE OF FEDERAL PRISON INDUSTRIES PRODUCTS OR SERVICES Pub. L. 108-447, div. H, title VI, Sec. 637, Dec. 8, 2004, 118 Stat. 3281, provided that: "None of the funds made available under this or any other Act for fiscal year 2005 and each fiscal year thereafter shall be expended for the purchase of a product or service offered by Federal Prison Industries, Inc., unless the agency making such purchase determines that such offered product or service provides the best value to the buying agency pursuant to governmentwide procurement regulations, issued pursuant to section 25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures, standards, and limitations of section 2410n of title 10, United States Code." Similar provisions were contained in the following prior appropriations act: Pub. L. 108-199, div. F, title VI, Sec. 637, Jan. 23, 2004, 118 Stat. 358. 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, as amended by Pub. L. 108-458, title I, Sec. 1071(g)(3)(C), Dec. 17, 2004, 118 Stat. 3692, 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 the Central Intelligence Agency determines that the product or service to be purchased from Federal Prison Industries best meets the needs of the Agency." -End- -CITE- 18 USC Sec. 4125 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4125. Public works; prison camps -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 852.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 744b, 851, 853, 854, 855 (Feb. 26, 1929, ch. 336, Secs. 1, 3, 4, 5, 45 Stat. 1318; May 27, 1930, ch. 340, Sec. 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. -End- -CITE- 18 USC Sec. 4126 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4126. Prison Industries Fund; use and settlement of accounts -STATUTE- (a) 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 Government Accountability Office. (b) All valid claims and obligations payable out of said fund shall be assumed by the corporation. (c) The corporation, in accordance with the laws generally applicable to the expenditures of the several departments, agencies, and establishments of the Government, is authorized to employ the fund, and any earnings that may accrue to the corporation - (1) as operating capital in performing the duties imposed by this chapter; (2) in the lease, purchase, other acquisition, repair, alteration, erection, and maintenance of industrial buildings and equipment; (3) in the vocational training of inmates without regard to their industrial or other assignments; (4) 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 or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined. In no event may compensation for such injuries be paid in an amount greater than that provided in chapter 81 of title 5. (d) Accounts of all receipts and disbursements of the corporation shall be rendered to the Government Accountability Office for settlement and adjustment, as required by the Comptroller General. (e) Such accounting shall include all fiscal transactions of the corporation, whether involving appropriated moneys, capital, or receipts from other sources. (f) Funds available to the corporation may be used for the lease, purchase, other acquisition, repair, alteration, erection, or maintenance of facilities only to the extent such facilities are necessary for the industrial operations of the corporation under this chapter. Such funds may not be used for the construction or acquisition of penal or correctional institutions, including camps described in section 4125. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 852; May 24, 1949, ch. 139, Sec. 64, 63 Stat. 99; Pub. L. 87-317, Sept. 26, 1961, 75 Stat. 681; Pub. L. 100-690, title VII, Sec. 7094, Nov. 18, 1988, 102 Stat. 4412; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Secs. 744d, 744e, 744f, 744l (May 27, 1930, ch. 340, Secs. 4-6, 46 Stat. 391, 392; June 23, 1934, ch. 736, Sec. 4, 48 Stat. 1211). This section is a restatement of section 744l 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 744l 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 744l 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. 1949 ACT This section [section 64] incorporates in section 4126 of title 18, U.S.C., provisions of act of May 11, 1948 (ch. 276, 62 Stat. 230), which was not incorporated in title 18 when the revision was enacted. The remainder of such act is incorporated in section 4122 of such title by another section of this bill. AMENDMENTS 2004 - Subsecs. (a), (d). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". 1988 - Subsecs. (a), (b). Pub. L. 100-690, Sec. 7094(1), designated first and second pars. as subsecs. (a) and (b), respectively. Subsec. (c). Pub. L. 100-690, Sec. 7094(1), (2), designated third par. as subsec. (c) and amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "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 or in any work activity in connection with the maintenance or operation of the institution where confined. In no event shall compensation be paid in a greater amount than that provided in the Federal Employees' Compensation Act." Subsecs. (d), (e). Pub. L. 100-690, Sec. 7094(1), designated fourth and fifth pars. as subsecs. (d) and (e), respectively. Subsec. (f). Pub. L. 100-690, Sec. 7094(3), added subsec. (f). 1961 - Pub. L. 87-317 authorized compensation for injuries to inmates incurred while working in connection with the maintenance or operation of the institution where confined. 1949 - Act May 24, 1949, inserted "in the vocational training of inmates without regard to their industrial or other assignments;" after second semicolon in third par. -End- -CITE- 18 USC Sec. 4127 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4127. Prison Industries report to Congress -STATUTE- The board of directors of Federal Prison Industries shall submit an annual report to the Congress on the conduct of the business of the corporation during each fiscal year, and on the condition of its funds during such fiscal year. Such report shall include a statement of the amount of obligations issued under section 4129(a)(1) during such fiscal year, and an estimate of the amount of obligations that will be so issued in the following fiscal year. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 852; Pub. L. 100-690, title VII, Sec. 7095, Nov. 18, 1988, 102 Stat. 4413.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 744m (June 23, 1934, ch. 736, Sec. 5, 48 Stat. 1212). Words "of Federal Prison Industries" were inserted after "board of directors". Minor changes were made in phraseology. AMENDMENTS 1988 - Pub. L. 100-690 amended section generally. Prior to amendment, section read as follows: "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." TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 117 of House Document No. 103-7. -End- -CITE- 18 USC Sec. 4128 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4128. Enforcement by Attorney General -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 853.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 744n (June 23, 1934, ch. 736, Sec. 6, 48 Stat. 1212). Phrase relating to section being "supplemental" to sections 744i- 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 1939 Reorganization Plan No. II, Sec. 3(a), transferring the corporation to the Department of Justice "under the general direction and supervision of the Attorney General". (See section 133t of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees.) Words "Federal Prison Industries" were substituted for "the corporation". -End- -CITE- 18 USC Sec. 4129 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 307 - EMPLOYMENT -HEAD- Sec. 4129. Authority to borrow and invest -STATUTE- (a)(1) As approved by the board of directors, Federal Prison Industries, to such extent and in such amounts as are provided in appropriations Acts, is authorized to issue its obligations to the Secretary of the Treasury, and the Secretary of the Treasury, in the Secretary's discretion, may purchase or agree to purchase any such obligations, except that the aggregate amount of obligations issued by Federal Prison Industries under this paragraph that are outstanding at any time may not exceed 25 percent of the net worth of the corporation. For purchases of such obligations by the Secretary of the Treasury, the Secretary is authorized to use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31 after the date of the enactment of this section, and the purposes for which securities may be issued under that chapter are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity. For purposes of the first sentence of this paragraph, the net worth of Federal Prison Industries is the amount by which its assets (including capital) exceed its liabilities. (2) The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as the Secretary shall determine, any of the obligations acquired by the Secretary under this subsection. All purchases and sales by the Secretary of the Treasury of such obligations under this subsection shall be treated as public debt transactions of the United States. (b) Federal Prison Industries may request the Secretary of the Treasury to invest excess moneys from the Prison Industries Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the corporation as determined by the board of directors, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7093(a), Nov. 18, 1988, 102 Stat. 4411.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 100-690 which was approved Nov. 18, 1988. -End- -CITE- 18 USC [CHAPTER 309 - REPEALED] 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS [CHAPTER 309 - REPEALED] -HEAD- [CHAPTER 309 - REPEALED] -End- -CITE- 18 USC Secs. 4161 to 4166 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS [CHAPTER 309 - REPEALED] -HEAD- Secs. 4161 to 4166. Repealed. -MISC1- [Secs. 4161 to 4166. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(4), Oct. 12, 1984, 98 Stat. 2027]. Section 4161, acts June 25, 1948, ch. 645, 62 Stat. 853; Sept. 14, 1959, Pub. L. 86-259, 73 Stat. 546, related to computation of reduction of time of sentence generally. Section 4162, act June 25, 1948, ch. 645, 62 Stat. 853, related to deduction from sentence for industrial good time. Section 4163, acts June 25, 1948, ch. 645, 62 Stat. 853; Sept. 19, 1962, Pub. L. 87-665, 76 Stat. 552, related to discharge of prisoner. Section 4164, acts June 25, 1948, ch. 645, 62 Stat. 853; June 29, 1951, ch. 176, 65 Stat. 98, related to released prisoner as parolee. Section 4165, act June 25, 1948, ch. 645, 62 Stat. 854, related to forfeiture of good time for offense. Section 4166, act June 25, 1948, ch. 645, 62 Stat. 854, related to restoration of forfeited commutation. EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, with sections to remain in effect for five years as to an individual who committed as offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98-473, see section 235(a)(1), (b)(1)(B) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. -End- -CITE- 18 USC [CHAPTER 311 - REPEALED] 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS [CHAPTER 311 - REPEALED] -HEAD- [CHAPTER 311 - REPEALED] -COD- CODIFICATION A prior chapter 311, consisting of sections 4201-4210, act June 25, 1948, ch. 645, 62 Stat. 854, 855, as amended, was repealed by section 2 of Pub. L. 94-233 as part of the general revision of this chapter by Pub. L. 94-233. -End- -CITE- 18 USC Secs. 4201 to 4218 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS [CHAPTER 311 - REPEALED] -HEAD- Secs. 4201 to 4218. Repealed. -MISC1- [Secs. 4201 to 4218. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(5), Oct. 12, 1984, 98 Stat. 2027]. -STATUTE- -MISC1- EFFECTIVE DATE OF REPEAL; CHAPTER TO REMAIN IN EFFECT FOR TWENTY-ONE YEARS AFTER NOV. 1, 1987 Pub. L. 98-473, title II, Sec. 235(a)(1), Oct. 12, 1984, 98 Stat. 2031, set out as an Effective Date note under section 3551 of this title, provided that the repeal of this chapter is effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal. Pub. L. 98-473, title II, Sec. 235(b)(1)(A), Oct. 12, 1984, 98 Stat. 2032, provided that the provisions of this chapter in effect before Nov. 1, 1987, shall remain in effect for five years after Nov. 1, 1987, as to an individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98-473. Pub. L. 101-650, title III, Sec. 316, Dec. 1, 1990, 104 Stat. 5115, extended the period that this chapter remains in effect after Nov. 1, 1987, from five years to ten years. Pub. L. 104-232, Sec. 2(a), Oct. 2, 1996, 110 Stat. 3055, extended the period that this chapter remains in effect after Nov. 1, 1987, from ten years to fifteen years. Pub. L. 107-273, div. C, title I, Sec. 11017(a), Nov. 2, 2002, 116 Stat. 1824, extended the period that this chapter remains in effect after Nov. 1, 1987, from fifteen years to eighteen years. Pub. L. 109-76, Sec. 2, Sept. 29, 2005, 119 Stat. 2035, extended the period that this chapter remains in effect after Nov. 1, 1987, from eighteen years to twenty-one years. The provisions of this chapter as in effect prior to repeal, and as amended subsequent to repeal, read as follows: Sec. 4201. Definitions As used in this chapter - (1) "Commission" means the United States Parole Commission; (2) "Commissioner" means any member of the United States Parole Commission; (3) "Director" means the Director of the Bureau of Prisons; (4) "Eligible prisoner" means any Federal prisoner who is eligible for parole pursuant to this title or any other law including any Federal prisoner whose parole has been revoked and who is not otherwise ineligible for parole; (5) "Parolee" means any eligible prisoner who has been released on parole or deemed as if released on parole under section 4164 or section 4205(f); and (6) "Rules and regulations" means rules and regulations promulgated by the Commission pursuant to section 4203 and section 553 of title 5, United States Code. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 219.) Sec. 4202. Parole Commission created There is hereby established, as an independent agency in the Department of Justice, a United States Parole Commission which shall be comprised of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall designate from among the Commissioners one to serve as Chairman. The term of office of a Commissioner shall be six years, except that the term of a person appointed as a Commissioner to fill a vacancy shall expire six years from the date upon which such person was appointed and qualified. Upon the expiration of a term of office of a Commissioner, the Commissioner shall continue to act until a successor has been appointed and qualified, except that no Commissioner may serve in excess of twelve years. Commissioners shall be compensated at the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates (5 U.S.C. 5332). (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 219.) UNITED STATES PAROLE COMMISSION EXTENSION Pub. L. 107-273, div. C, title I, Sec. 11017, Nov. 2, 2002, 116 Stat. 1824, provided that: "(a) Extension of the Parole Commission. - For purposes of section 235(b) of the Sentencing Reform Act of 1984 [Pub. L. 98- 473, set out as a note under section 3551 of this title] (98 Stat. 2032) as such section relates to chapter 311 of title 18, United States Code, and the Parole Commission, each reference in such section to 'fifteen years' or 'fifteen-year period' shall be deemed to be a reference to 'eighteen years' or 'eighteen-year period', respectively. "(b) Study by Attorney General. - The Attorney General, not later than 60 days after the enactment of this Act [Nov. 2, 2002], should establish a committee within the Department of Justice to evaluate the merits and feasibility of transferring the United States Parole Commission's functions regarding the supervised release of District of Columbia offenders to another entity or entities outside the Department of Justice. This committee should consult with the District of Columbia Superior Court and the District of Columbia Court Services and Offender Supervision Agency, and should report its findings and recommendations to the Attorney General. The Attorney General, in turn, should submit to Congress, not later than 18 months after the enactment of this Act, a long-term plan for the most effective and cost-efficient assignment of responsibilities relating to the supervised release of District of Columbia offenders. "(c) Service as Commissioner. - Notwithstanding subsection (a), the final clause of the fourth sentence of section 4202 of title 18, United States Code, which begins 'except that', shall not apply to a person serving as a Commissioner of the United States Parole Commission when this Act takes effect [Nov. 2, 2002]." PAROLE COMMISSION PHASEOUT Pub. L. 104-232, Secs. 1-3, Oct. 2, 1996, 110 Stat. 3055, 3056, as amended by Pub. L. 105-33, title XI, Sec. 11231(d), Aug. 5, 1997, 111 Stat. 745, provided that: "SECTION 1. SHORT TITLE. "This Act [enacting and amending provisions set out as notes under section 3551 of this title] may be cited as the 'Parole Commission Phaseout Act of 1996'. "SEC. 2. EXTENSION OF PAROLE COMMISSION. "(a) In General. - For purposes of section 235(b) of the Sentencing Reform Act of 1984 [Pub. L. 98-473, set out as a note under section 3551 of this title] (98 Stat. 2032) as it related to chapter 311 of title 18, United States Code, and the Parole Commission, each reference in such section to 'ten years' or 'ten- year period' shall be deemed to be a reference to 'fifteen years' or 'fifteen-year period', respectively. "(b) Powers and Duties of Parole Commission. - Notwithstanding section 4203 of title 18, United States Code, the United States Parole Commission may perform its functions with any quorum of Commissioners, or Commissioner, as the Commission may prescribe by regulation. "(c) The United States Parole Commission shall have no more than five members. "SEC. 3. REPORTS BY THE ATTORNEY GENERAL. "(a) In General. - Beginning in the year 1998, the Attorney General shall report to the Congress not later than May 1 of each year through the year 2002 on the status of the United States Parole Commission. Unless the Attorney General, in such report, certifies that the continuation of the Commission is the most effective and cost-efficient manner for carrying out the Commission's functions, the Attorney General shall include in such report an alternative plan for a transfer of the Commission's functions to another entity. "(b) Transfer Within the Department of Justice. - "(1) Effect of plan. - If the Attorney General includes such a plan in the report, and that plan provides for the transfer of the Commission's functions and powers to another entity within the Department of Justice, such plan shall take effect according to its terms on November 1 of that year in which the report is made, unless Congress by law provides otherwise. In the event such plan takes effect, all laws pertaining to the authority and jurisdiction of the Commission with respect to individual offenders shall remain in effect notwithstanding the expiration of the period specified in section 2 of this Act. "(2) Conditional repeal. - Effective on the date such plan takes effect, paragraphs (3) and (4) of section 235(b) of the Sentencing Reform Act of 1984 [Pub. L. 98-473, set out as a note under section 3551 of this title] (98 Stat. 2032) are repealed." REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. EXTENSION OF TERM OF COMMISSIONER Section 235(b)(2) of Pub. L. 98-473, which provided that notwithstanding the provisions of section 4202 of this title as in effect on the day before Nov. 1, 1987 [set out above], the term of office of a Commissioner who is in office on Nov. 1, 1987, is extended to the end of the five-year period after Nov. 1, 1987, was repealed by Pub. L. 104-232, Sec. 4, Oct. 2, 1996, 110 Stat. 3056. Pub. L. 101-650, title III, Sec. 316, Dec. 1, 1990, 104 Stat. 5115, further extended the term of office of a Commissioner to a ten-year period after Nov. 1, 1987. Sec. 4203. Powers and duties of the Commission (a) The Commission shall meet at least quarterly, and by majority vote shall - (1) promulgate rules and regulations establishing guidelines for the powers enumerated in subsection (b) of this section and such other rules and regulations as are necessary to carry out a national parole policy and the purposes of this chapter; (2) create such regions as are necessary to carry out the provisions of this chapter; and (3) ratify, revise, or deny any request for regular, supplemental, or deficiency appropriations, prior to the submission of the requests to the Office of Management and Budget by the Chairman, which requests shall be separate from those of any other agency of the Department of Justice. (b) The Commission, by majority vote, and pursuant to the procedures set out in this chapter, shall have the power to - (1) grant or deny an application or recommendation to parole any eligible prisoner; (2) impose reasonable conditions on an order granting parole; (3) modify or revoke an order paroling any eligible prisoner; and (4) request probation officers and other individuals, organizations, and public or private agencies to perform such duties with respect to any parolee as the Commission deems necessary for maintaining proper supervision of and assistance to such parolees; and so as to assure that no probation officers, individuals, organizations, or agencies shall bear excessive caseloads. (c) The Commission, by majority vote, and pursuant to rules and regulations - (1) may delegate to any Commissioner or commissioners powers enumerated in subsection (b) of this section; (2) may delegate to hearing examiners any powers necessary to conduct hearings and proceedings, take sworn testimony, obtain and make a record of pertinent information, make findings of probable cause and issue subpenas for witnesses or evidence in parole revocation proceedings, and recommend disposition of any matters enumerated in subsection (b) of this section, except that any such findings or recommendations shall be based upon the concurrence of not less than two hearing examiners; (3) may delegate authority to conduct hearings held pursuant to section 4214 to any officer or employee of the executive or judicial branch of Federal or State government; and (4) may review, or may delegate to the National Appeals Board the power to review, any decision made pursuant to subparagraph (1) of this subsection except that any such decision so reviewed must be reaffirmed, modified or reversed within thirty days of the date the decision is rendered, and, in case of such review, the individual to whom the decision applies shall be informed in writing of the Commission's actions with respect thereto and the reasons for such actions. (d) Except as otherwise provided by law, any action taken by the Commission pursuant to subsection (a) of this section shall be taken by a majority vote of all individuals currently holding office as members of the Commission which shall maintain and make available for public inspection a record of the final vote of each member on statements of policy and interpretations adopted by it. In so acting, each Commissioner shall have equal responsibility and authority, shall have full access to all information relating to the performance of such duties and responsibilities, and shall have one vote. (e)(1) The Commission shall, upon the request of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as possible to such agency, with respect to individuals who are under the jurisdiction of the Commission, who have been convicted of felony offenses against the United States, and who reside, are employed, or are supervised in the geographical area in which such agency has jurisdiction, the following information maintained by the Commission (to the extent that the Commission maintains such information) - (A) the names of such individuals; (B) the addresses of such individuals; (C) the dates of birth of such individuals; (D) the Federal Bureau of Investigation numbers assigned to such individuals; (E) photographs and fingerprints of such individuals; and (F) the nature of the offenses against the United States of which each such individual has been convicted and the factual circumstances relating to such offense. (2) Any law enforcement agency which receives information under this subsection shall not disseminate such information outside of such agency. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 220; amended Pub. L. 99-646, Sec. 57(b), (c), Nov. 10, 1986, 100 Stat. 3611, 3612.) Sec. 4204. Powers and duties of the Chairman (a) The Chairman shall - (1) convene and preside at meetings of the Commission pursuant to section 4203 and such additional meetings of the Commission as the Chairman may call or as may be requested in writing by at least three Commissioners; (2) appoint, fix the compensation of, assign, and supervise all personnel employed by the Commission except that - (A) the appointment of any hearing examiner shall be subject to approval of the Commission within the first year of such hearing examiner's employment; and (B) regional Commissioners shall appoint and supervise such personnel employed regularly and full time in their respective regions as are compensated at a rate up to and including grade 9 of the General Schedule pay rates (5 U.S.C. 5332); (3) assign duties among officers and employees of the Commission, including Commissioners, so as to balance the workload and provide for orderly administration; (4) direct the preparation of requests for appropriations for the Commission, and the use of funds made available to the Commission; (5) designate not fewer than three Commissioners to serve on the National Appeals Board of whom one shall be so designated to serve as vice chairman of the Commission (who shall act as Chairman of the Commission in the absence or disability of the Chairman or in the event of the vacancy of the Chairmanship), and designate, for each such region established pursuant to section 4203, one Commissioner to serve as regional Commissioner in each such region; except that in each such designation the Chairman shall consider years of service, personal preference and fitness, and no such designation shall take effect unless concurred in by the President, or his designee; (6) serve as spokesman for the Commission and report annually to each House of Congress on the activities of the Commission; and (7) exercise such other powers and duties and perform such other functions as may be necessary to carry out the purposes of this chapter or as may be provided under any other provision of law. (b) The Chairman shall have the power to - (1) without regard to section 3324(a) and (b) of title 31, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; (2) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (3) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code; (4) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the parole process; (5) carry out programs of research concerning the parole process to develop classification systems which describe types of offenders, and to develop theories and practices which can be applied to the different types of offenders; (6) publish data concerning the parole process; (7) devise and conduct, in various geographical locations, seminars, workshops and training programs providing continuing studies and instruction for personnel of Federal, State and local agencies and private and public organizations working with parolees and connected with the parole process; and (8) utilize the services, equipment, personnel, information, facilities, and instrumentalities with or without reimbursement therefor of other Federal, State, local, and private agencies with their consent. (c) In carrying out his functions under this section, the Chairman shall be governed by the national parole policies promulgated by the Commission. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 221; amended Pub. L. 97-258, Sec. 3(e)(3), (4), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 99-646, Sec. 58(a), Nov. 10, 1986, 100 Stat. 3612.) -EXEC- EX. ORD. NO. 11919. DELEGATION OF PRESIDENTIAL AUTHORITY TO CONCUR IN DESIGNATIONS OF COMMISSIONERS Ex. Ord. No. 11919, June 9, 1976, 41 F.R. 23663, provided: By virtue of the authority vested in me by section 301 of title 3, United States Code, and section 4204(a)(5) of title 18, United States Code, as enacted by the Parole Commission and Reorganization Act (Public Law 94-233), and as President of the United States of America, it is hereby ordered that the Attorney General shall serve as the President's designee for purposes of concurring in designations of Commissioners of the United States Parole Commission to serve on the National Appeals Board, as vice chairman of the Commission, and as regional Commissioner. Gerald R. Ford. Sec. 4205. Time of eligibility for release on parole (a) Whenever confined and serving a definite term or terms of more than one year, a prisoner shall be eligible for release on parole after serving one-third of such term or terms or after serving ten years of a life sentence or of a sentence of over thirty years, except to the extent otherwise provided by law. (b) Upon entering a judgment of conviction, the court having jurisdiction to impose sentence, when in its opinion the ends of justice and best interest of the public require that the defendant be sentenced to imprisonment for a term exceeding one year, may (1) designate in the sentence of imprisonment imposed a minimum term at the expiration of which the prisoner shall become eligible for parole, which term may be less than but shall not be more than one- third of the maximum sentence imposed by the court, or (2) the court may fix the maximum sentence of imprisonment to be served in which event the court may specify that the prisoner may be released on parole at such time as the Commission may determine. (c) If the court desires more detailed information as a basis for determining the sentence to be imposed, the court may commit the defendant to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law, for a study as described in subsection (d) of this section. The results of such study, together with any recommendations which the Director of the Bureau of Prisons believes would be helpful in determining the disposition of the case, shall be furnished to the court within three months unless the court grants time, not to exceed an additional three months, for further study. After receiving such reports and recommendations, the court may in its discretion: (1) place the offender on probation as authorized by section 3651; or (2) affirm the sentence of imprisonment originally imposed, or reduce the sentence of imprisonment, and commit the offender under any applicable provision of law. The term of the sentence shall run from the date of original commitment under this section. (d) Upon commitment of a prisoner sentenced to imprisonment under the provisions of subsections (a) or (b) of this section, the Director, under such regulations as the Attorney General may prescribe, shall cause a complete study to be made of the prisoner and shall furnish to the Commission a summary report together with any recommendations which in his opinion would be helpful in determining the suitability of the prisoner for parole. This report may include but shall not be limited to data regarding the prisoner's previous delinquency or criminal experience, pertinent circumstances of his social background, his capabilities, his mental and physical health, and such other factors as may be considered pertinent. The Commission may make such other investigation as it may deem necessary. (e) Upon request of the Commission, it shall be the duty of the various probation officers and government bureaus and agencies to furnish the Commission information available to such officer, bureau, or agency, concerning any eligible prisoner or parolee and whenever not incompatible with the public interest, their views and recommendation with respect to any matter within the jurisdiction of the Commission. (f) Any prisoner sentenced to imprisonment for a term or terms of not less than six months but not more than one year shall be released at the expiration of such sentence less good time deductions provided by law, unless the court which imposed sentence, shall, at the time of sentencing, provide for the prisoner's release as if on parole after service of one-third of such term or terms notwithstanding the provisions of section 4164. This subsection shall not prevent delivery of any person released on parole to the authorities of any State otherwise entitled to his custody. (g) At any time upon motion of the Bureau of Prisons, the court may reduce any minimum term to the time the defendant has served. The court shall have jurisdiction to act upon the application at any time and no hearing shall be required. (h) Nothing in this chapter shall be construed to provide that any prisoner shall be eligible for release on parole if such prisoner is ineligible for such release under any other provision of law. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 222.) Sec. 4206. Parole determination criteria (a) If an eligible prisoner has substantially observed the rules of the institution or institutions to which he has been confined, and if the Commission, upon consideration of the nature and circumstances of the offense and the history and characteristics of the prisoner, determines: (1) that release would not depreciate the seriousness of his offense or promote disrespect for the law; and (2) that release would not jeopardize the public welfare; subject to the provisions of subsections (b) and (c) of this section, and pursuant to guidelines promulgated by the Commission pursuant to section 4203(a)(1), such prisoner shall be released. (b) The Commission shall furnish the eligible prisoner with a written notice of its determination not later than twenty-one days, excluding holidays, after the date of the parole determination proceeding. If parole is denied such notice shall state with particularity the reasons for such denial. (c) The Commission may grant or deny release on parole notwithstanding the guidelines referred to in subsection (a) of this section if it determines there is good cause for so doing: Provided, That the prisoner is furnished written notice stating with particularity the reasons for its determination, including a summary of the information relied upon. (d) Any prisoner, serving a sentence of five years or longer, who is not earlier released under this section or any other applicable provision of law, shall be released on parole after having served two-thirds of each consecutive term or terms, or after serving thirty years of each consecutive term or terms of more than forty- five years including any life term, whichever is earlier: Provided, however, That the Commission shall not release such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 223.) Sec. 4207. Information considered In making a determination under this chapter (relating to release on parole) the Commission shall consider, if available and relevant: (1) reports and recommendations which the staff of the facility in which such prisoner is confined may make; (2) official reports of the prisoner's prior criminal record, including a report or record of earlier probation and parole experiences; (3) presentence investigation reports; (4) recommendations regarding the prisoner's parole made at the time of sentencing by the sentencing judge; (5) a statement, which may be presented orally or otherwise, by any victim of the offense for which the prisoner is imprisoned about the financial, social, psychological, and emotional harm done to, or loss suffered by such victim; and (5)[(6)] reports of physical, mental, or psychiatric examination of the offender. There shall also be taken into consideration such additional relevant information concerning the prisoner (including information submitted by the prisoner) as may be reasonably available. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 224; amended Pub. L. 98-473, title II, Sec. 1408(a), Oct. 12, 1984, 98 Stat. 2177.) Sec. 4208. Parole determination proceeding; time (a) In making a determination under this chapter (relating to parole) the Commission shall conduct a parole determination proceeding unless it determines on the basis of the prisoner's record that the prisoner will be released on parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsections (a) and (b)(1) of section 4205 shall be held not later than thirty days before the date of such eligibility for parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsection (b)(2) of section 4205 or released on parole and whose parole has been revoked shall be held not later than one hundred and twenty days following such prisoner's imprisonment or reimprisonment in a Federal institution, as the case may be. An eligible prisoner may knowingly and intelligently waive any proceeding. (b) At least thirty days prior to any parole determination proceeding, the prisoner shall be provided with (1) written notice of the time and place of the proceeding, and (2) reasonable access to a report or other document to be used by the Commission in making its determination. A prisoner may waive such notice, except that if notice is not waived the proceeding shall be held during the next regularly scheduled proceedings by the Commission at the institution in which the prisoner is confined. (c) Subparagraph (2) of subsection (b) shall not apply to - (1) diagnostic opinions which, if made known to the eligible prisoner, could lead to a serious disruption of his institutional program; (2) any document which reveals sources of information obtained upon a promise of confidentiality; or (3) any other information which, if disclosed, might result in harm, physical or otherwise, to any person. If any document is deemed by either the Commission, the Bureau of Prisons, or any other agency to fall within the exclusionary provisions of subparagraphs (1), (2), or (3) of this subsection, then it shall become the duty of the Commission, the Bureau, or such other agency, as the case may be, to summarize the basic contents of the material withheld, bearing in mind the need for confidentiality or the impact on the inmate, or both, and furnish such summary to the inmate. (d)(1) During the period prior to the parole determination proceeding as provided in subsection (b) of this section, a prisoner may consult, as provided by the director, with a representative as referred to in subparagraph (2) of this subsection, and by mail or otherwise with any person concerning such proceeding. (2) The prisoner shall, if he chooses, be represented at the parole determination proceeding by a representative who qualifies under rules and regulations promulgated by the Commission. Such rules shall not exclude attorneys as a class. (e) The prisoner shall be allowed to appear and testify on his own behalf at the parole determination proceeding. (f) A full and complete record of every proceeding shall be retained by the Commission. Upon request, the Commission shall make available to any eligible prisoner such record as the Commission may retain of the proceeding. (g) If parole is denied, a personal conference to explain the reasons for such denial shall be held, if feasible, between the prisoner and a representative of the Commission at the conclusion of the proceeding. When feasible, the conference shall include advice to the prisoner as to what steps may be taken to enhance his chance of being released at a subsequent proceeding. (h) In any case in which release on parole is not granted, subsequent parole determination proceedings shall be held not less frequently than: (1) eighteen months in the case of a prisoner with a term or terms of more than one year but less than seven years; and (2) twenty-four months in the case of a prisoner with a term or terms of seven years or longer. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 224; amended Pub. L. 99-646, Sec. 58(b), Nov. 10, 1986, 100 Stat. 3612.) Sec. 4209. Conditions of parole (a) In every case, the Commission shall impose as conditions of parole that the parolee not commit another Federal, State, or local crime, that the parolee not possess illegal controlled substances.[sic] and, if a fine was imposed, that the parolee make a diligent effort to pay the fine in accordance with the judgment. In every case, the Commission shall impose as a condition of parole for a person required to register under the Sex Offender Registration and Notification Act that the person comply with the requirements of that Act. In every case, the Commission shall impose as a condition of parole that the parolee cooperate in the collection of a DNA sample from the parolee, if the collection of such a sample is authorized pursuant to section 3 or section 4 of the DNA Analysis Backlog Elimination Act of 2000 or section 1565 of title 10. In every case, the Commission shall also impose as a condition of parole that the parolee pass a drug test prior to release and refrain from any unlawful use of a controlled substance and submit to at least 2 periodic drug tests (as determined by the Commission) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the Commission for any individual parolee if it determines that there is good cause for doing so. The results of a drug test administered in accordance with the provisions of the preceding sentence shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The Commission shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 4214(f) when considering any action against a defendant who fails a drug test. The Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to - (1) the nature and circumstances of the offense; and (2) the history and characteristics of the parolee; and may provide for such supervision and other limitations as are reasonable to protect the public welfare. (b) The conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his parole. An effort shall be made to make certain that the parolee understands the conditions of his parole. (c) Release on parole or release as if on parole (or probation, or supervised release where applicable) may as a condition of such release require - (1) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; or (2) a parolee to remain at his place of residence during nonworking hours and, if the Commission so directs, to have compliance with this condition monitored by telephone or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration. A parolee residing in a residential community treatment center pursuant to paragraph (1) of this subsection may be required to pay such costs incident to such residence as the Commission deems appropriate. (d)(1) The Commission may modify conditions of parole pursuant to this section on its own motion, or on the motion of a United States probation officer supervising a parolee: Provided, That the parolee receives notice of such action and has ten days after receipt of such notice to express his views on the proposed modification. Following such ten-day period, the Commission shall have twenty-one days, exclusive of holidays, to act upon such motion or application. Notwithstanding any other provision of this paragraph, the Commission may modify conditions of parole, without regard to such ten-day period, on any such motion if the Commission determines that the immediate modification of conditions of parole is required to prevent harm to the parolee or to the public. (2) A parolee may petition the Commission on his own behalf for a modification of conditions pursuant to this section. (3) The provisions of this subsection shall not apply to modifications of parole conditions pursuant to a revocation proceeding under section 4214. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 225; amended Pub. L. 98-473, title II, Secs. 235(a)(1), 238(e), (i), Oct. 12, 1984, 98 Stat. 2031, 2039; Pub. L. 98-596, Secs. 7, 12(a)(5), (9), (b), Oct. 30, 1984, 98 Stat. 3138, 3139, 3140; Pub. L. 99-646, Sec. 58(c), Nov. 10, 1986, 100 Stat. 3612; Pub. L. 100-690, title VII, Secs. 7303(c)(1), (2), 7305(c), Nov. 18, 1988, 102 Stat. 4464, 4466; Pub. L. 103-322, title II, Sec. 20414(d), Sept. 13, 1994, 108 Stat. 1832; Pub. L. 105-119, title I, Sec. 115(a)(8)(B)(v), Nov. 26, 1997, 111 Stat. 2466; Pub. L. 106-546, Sec. 7(c), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 109-248, title I, Sec. 141(j), July 27, 2006, 120 Stat. 604.) -REFTEXT- REFERENCES IN TEXT The Sex Offender Registration and Notification Act, referred to in subsec. (a), is title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, which is classified principally to subchapter I (Sec. 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of Title 42 and Tables. Sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (a), are classified to sections 14135a and 14135b, respectively, of Title 42, The Public Health and Welfare. -COD- CODIFICATION Pub. L. 98-473, Secs. 235(a)(1), 238(e), (i), and Pub. L. 98-596, Sec. 12(a)(5), (9), (b), amended section as follows: Section 238(e) of Pub. L. 98-473 amended provisions of subsec. (a) preceding par. (1) effective pursuant to section 235(a)(1) of Pub. L. 98-473 the first day of the first calendar month beginning twenty-four months after Oct. 12, 1984. Section 12(a)(5) of Pub. L. 98-596 amended provisions of subsec. (a) preceding par. (1) to read as they had before amendment by Pub. L. 98-473, applicable pursuant to section 12(b) of Pub. L. 98-596 on and after the date of enactment of Pub. L. 98-473 (Oct. 12, 1984). Section 238(i) of Pub. L. 98-473 which repealed section 238 of Pub. L. 98-473 on the same date established by section 235(a)(1) of Pub. L. 98-473 was repealed by section 12(a)(9) of Pub. L. 98-596. The cumulative effect of the amendments resulted in no change in this section. -MISC2- EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-119 effective 1 year after Nov. 26, 1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note under section 14071 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 7303(c)(1), (2) of Pub. L. 100-690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690, set out as a note under section 3563 of this title. Sec. 4210. Jurisdiction of Commission (a) A parolee shall remain in the legal custody and under the control of the Attorney General, until the expiration of the maximum term or terms for which such parolee was sentenced. (b) Except as otherwise provided in this section, the jurisdiction of the Commission over the parolee shall terminate no later than the date of the expiration of the maximum term or terms for which he was sentenced, except that - (1) such jurisdiction shall terminate at an earlier date to the extent provided under section 4164 (relating to mandatory release) or section 4211 (relating to early termination of parole supervision), and (2) in the case of a parolee who has been convicted of any criminal offense committed subsequent to his release on parole, and such offense is punishable by a term of imprisonment, detention or incarceration in any penal facility, the Commission shall determine, in accordance with the provisions of section 4214(b) or (c), whether all or any part of the unexpired term being served at the time of parole shall run concurrently or consecutively with the sentence imposed for the new offense, but in no case shall such service together with such time as the parolee has previously served in connection with the offense for which he was paroled, be longer than the maximum term for which he was sentenced in connection with such offense. (c) In the case of any parolee found to have intentionally refused or failed to respond to any reasonable request, order, summons, or warrant of the Commission or any member or agent thereof, the jurisdiction of the Commission may be extended for the period during which the parolee so refused or failed to respond. (d) The parole of any parolee shall run concurrently with the period of parole or probation under any other Federal, State, or local sentence. (e) Upon the termination of the jurisdiction of the Commission over any parolee, the Commission shall issue a certificate of discharge to such parolee and to such other agencies as it may determine. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 226; amended Pub. L. 99-646, Sec. 58(d), (e), Nov. 10, 1986, 100 Stat. 3612.) Sec. 4211. Early termination of parole (a) Upon its own motion or upon request of the parolee, the Commission may terminate supervision over a parolee prior to the termination of jurisdiction under section 4210. (b) Two years after each parolee's release on parole, and at least annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. In calculating such two-year period there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. (c)(1) Five years after each parolee's release on parole, the Commission shall terminate supervision over such parolee unless it is determined, after a hearing conducted in accordance with the procedures prescribed in section 4214(a)(2), that such supervision should not be terminated because there is a likelihood that the parolee will engaged in conduct violating any criminal law. (2) If supervision is not terminated under subparagraph (1) of this subsection the parolee may request a hearing annually thereafter, and a hearing, with procedures as provided in subparagraph (1) of this subsection shall be conducted with respect to such termination of supervision not less frequently than biennially. (3) In calculating the five-year period referred to in subparagraph (1), there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 227.) Sec. 4212. Aliens When an alien prisoner subject to deportation becomes eligible for parole, the Commission may authorize the release of such prisoner on condition that such person be deported and remain outside the United States. Such prisoner when his parole becomes effective, shall be delivered to the duly authorized immigration official for deportation. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 227.) Sec. 4213. Summons to appear or warrant for retaking of parolee (a) If any parolee is alleged to have violated his parole, the Commission may - (1) summon such parolee to appear at a hearing conducted pursuant to section 4214; or (2) issue a warrant and retake the parolee as provided in this section. (b) Any summons or warrant issued under this section shall be issued by the Commission as soon as practicable after discovery of the alleged violation, except when delay is deemed necessary. Imprisonment in an institution shall not be deemed grounds for delay of such issuance, except that, in the case of any parolee charged with a criminal offense, issuance of a summons or warrant may be suspended pending disposition of the charge. (c) Any summons or warrant issued pursuant to this section shall provide the parolee with written notice of - (1) the conditions of parole he is alleged to have violated as provided under section 4209; (2) his rights under this chapter; and (3) the possible action which may be taken by the Commission. (d) Any officer of any Federal penal or correctional institution, or any Federal officer authorized to serve criminal process within the United States, to whom a warrant issued under this section is delivered, shall execute such warrant by taking such parolee and returning him to the custody of the regional commissioner, or to the custody of the Attorney General, if the Commission shall so direct. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 227.) Sec. 4214. Revocation of parole (a)(1) Except as provided in subsections (b) and (c), any alleged parole violator summoned or retaken under section 4213 shall be accorded the opportunity to have - (A) a preliminary hearing at or reasonably near the place of the alleged parole violation or arrest, without unnecessary delay, to determine if there is probable cause to believe that he has violated a condition of his parole; and upon a finding of probable cause a digest shall be prepared by the Commission setting forth in writing the factors considered and the reasons for the decision, a copy of which shall be given to the parolee within a reasonable period of time; except that after a finding of probable cause the Commission may restore any parolee to parole supervision if: (i) continuation of revocation proceedings is not warranted; or (ii) incarceration of the parolee pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violation or violations; (iii) the parolee is not likely to fail to appear for further proceedings; and (iv) the parolee does not constitute a danger to himself or others. (B) upon a finding of probable cause under subparagraph (1)(A), a revocation hearing at or reasonably near the place of the alleged parole violation or arrest within sixty days of such determination of probable cause except that a revocation hearing may be held at the same time and place set for the preliminary hearing. (2) Hearings held pursuant to subparagraph (1) of this subsection shall be conducted by the Commission in accordance with the following procedures: (A) notice to the parolee of the conditions of parole alleged to have been violated, and the time, place, and purposes of the scheduled hearing; (B) opportunity for the parolee to be represented by an attorney (retained by the parolee, or if he is financially unable to retain counsel, counsel shall be provided pursuant to section 3006A) or, if he so chooses, a representative as provided by rules and regulations, unless the parolee knowingly and intelligently waives such representation. (C) opportunity for the parolee to appear and testify, and present witnesses and relevant evidence on his own behalf; and (D) opportunity for the parolee to be apprised of the evidence against him and, if he so requests, to confront and cross-examine adverse witnesses, unless the Commission specifically finds substantial reason for not so allowing. For the purposes of subparagraph (1) of this subsection, the Commission may subpena witnesses and evidence, and pay witness fees as established for the courts of the United States. If a person refuses to obey such a subpena, the Commission may petition a court of the United States for the judicial district in which such parole proceeding is being conducted, or in which such person may be found, to request such person to attend, testify, and produce evidence. The court may issue an order requiring such person to appear before the Commission, when the court finds such information, thing, or testimony directly related to a matter with respect to which the Commission is empowered to make a determination under this section. Failure to obey such an order is punishable by such court as a contempt. All process in such a case may be served in the judicial district in which such a parole proceeding is being conducted, or in which such person may be found. (b)(1) Conviction for any criminal offense committed subsequent to release on parole shall constitute probable cause for purposes of subsection (a) of this section. In cases in which a parolee has been convicted of such an offense and is serving a new sentence in an institution, a parole revocation warrant or summons issued pursuant to section 4213 may be placed against him as a detainer. Such detainer shall be reviewed by the Commission within one hundred and eighty days of notification to the Commission of placement. The parolee shall receive notice of the pending review, have an opportunity to submit a written application containing information relative to the disposition of the detainer, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section to assist him in the preparation of such application. (2) If the Commission determines that additional information is needed to review a detainer, a dispositional hearing may be held at the institution where the parolee is confined. The parolee shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section. (3) Following the disposition review, the Commission may: (A) let the detainer stand; or (B) withdraw the detainer. (c) Any alleged parole violator who is summoned or retaken by warrant under section 4213 who knowingly and intelligently waives his right to a hearing under subsection (a) of this section, or who knowingly and intelligently admits violation at a preliminary hearing held pursuant to subsection (a)(1)(A) of this section, or who is retaken pursuant to subsection (b) of this section, shall receive a revocation hearing within ninety days of the date of retaking. The Commission may conduct such hearing at the institution to which he has been returned, and the alleged parole violator shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel or another representative as provided in subsection (a)(2)(B) of this section. (d) Whenever a parolee is summoned or retaken pursuant to section 4213, and the Commission finds pursuant to the procedures of this section and by a preponderance of the evidence that the parolee has violated a condition of his parole the Commission may take any of the following actions: (1) restore the parolee to supervision; (2) reprimand the parolee; (3) modify the parolee's conditions of the parole; (4) refer the parolee to a residential community treatment center for all or part of the remainder of his original sentence; or (5) formally revoke parole or release as if on parole pursuant to this title. The Commission may take any such action provided it has taken into consideration whether or not the parolee has been convicted of any Federal, State, or local crime subsequent to his release on parole, and the seriousness thereof, or whether such action is warranted by the frequency or seriousness of the parolee's violation of any other condition or conditions of his parole. (e) The Commission shall furnish the parolee with a written notice of its determination not later than twenty-one days, excluding holidays, after the date of the revocation hearing. If parole is revoked, a digest shall be prepared by the Commission setting forth in writing the factors considered and reasons for such action, a copy of which shall be given to the parolee. (f) Notwithstanding any other provision of this section, a parolee who is found by the Commission to be in possession of a controlled substance shall have his parole revoked. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 228; amended Pub. L. 98-473, title II, Secs. 235(a)(1), 238(f), (i), Oct. 12, 1984, 98 Stat. 2031, 2039; Pub. L. 98-596, Sec. 12(a)(6), (9), (b), Oct. 30, 1984, 98 Stat. 3139, 3140; Pub. L. 99-646, Sec. 58(f), Nov. 10, 1986, 100 Stat. 3612; Pub. L. 100-690, title VII, Sec. 7303(c)(3), Nov. 18, 1988, 102 Stat. 4464.) -COD- CODIFICATION Pub. L. 98-473, Secs. 235(a)(1), 238(f), (i), and Pub. L. 98-596, Sec. 12(a)(6), (9), (b), amended section as follows: Section 238(f) of Pub. L. 98-473 amended par. (1) effective pursuant to section 235(a)(1) of Pub. L. 98-473 the first day of the first calendar month beginning twenty-four months after Oct. 12, 1984. Section 12(a)(6) of Pub. L. 98-596 amended par. (1) to read as it had before amendment by Pub. L. 98-473, applicable pursuant to section 12(b) of Pub. L. 98-596 on and after the date of enactment of Pub. L. 98-473 (Oct. 12, 1984). Section 238(i) of Pub. L. 98-473 which repealed section 238 of Pub. L. 98-473 on the same date established by section 235(a)(1) of Pub. L. 98-473 was repealed by section 12(a)(9) of Pub. L. 98-596. The cumulative effect of the amendments resulted in no change in this section. -MISC3- EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 7303(c)(3) of Pub. L. 100-690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690, set out as a note under section 3563 of this title. Sec. 4215. Appeal (a) Whenever parole release is denied under section 4206, parole conditions are imposed or modified under section 4209, parole discharge is denied under section 4211(c), or parole is modified or revoked under section 4214, the individual to whom any such decision applies may appeal such decision by submitting a written application to the National Appeal [Appeals] Board not later than thirty days following the date on which the decision is rendered. (b) The National Appeals Board, upon receipt of the appellant's papers, must act pursuant to rules and regulations within sixty days to reaffirm, modify, or reverse the decision and shall inform the appellant in writing of the decision and the reasons therefor. (c) The National Appeals Board may review any decision of a regional commissioner upon the written request of the Attorney General filed not later than thirty days following the decision and, by majority vote, shall reaffirm, modify, or reverse the decision within sixty days of the receipt of the Attorney General's request. The Board shall inform the Attorney General and the individual to whom the decision applies in writing of its decision and the reasons therefor. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 230; amended Pub. L. 98-473, title II, Sec. 1408(c), Oct. 12, 1984, 98 Stat. 2178.) [Sec. 4216. Repealed. Pub. L. 99-646, Sec. 3(a), Nov. 10, 1986, 100 Stat. 3592] [Sec. 4217. Repealed. Pub. L. 99-646, Sec. 58(g)(1), Nov. 10, 1986, 100 Stat. 3612, as amended by Pub. L. 100-690, title VII, Sec. 7014, Nov. 18, 1988, 102 Stat. 4395] Sec. 4218. Applicability of Administrative Procedure Act (a) For purposes of the provisions of chapter 5 of title 5, United States Code, other than sections 554, 555, 556, and 557, the Commission is an "agency" as defined in such chapter. (b) For purposes of subsection (a) of this section, section 553(b)(3)(A) of title 5, United States Code, relating to rulemaking, shall be deemed not to include the phrase "general statements of policy". (c) To the extent that actions of the Commission pursuant to section 4203(a)(1) are not in accord with the provisions of section 553 of title 5, United States Code, they shall be reviewable in accordance with the provisions of sections 701 through 706 of title 5, United States Code. (d) Actions of the Commission pursuant to paragraphs (1), (2), and (3) of section 4203(b) shall be considered actions committed to agency discretion for purposes of section 701(a)(2) of title 5, United States Code. (Added Pub. L. 94-233, Sec. 2, Mar. 15, 1976, 90 Stat. 231.) -End-