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Title 18 — Crimes and Criminal Procedure

Part III · Chapter 301 — General Provisions

§ 4006. Subsistence for prisoners

Statutory text

(a)

In General.—

The Attorney General or the Secretary of Homeland Security, as applicable, shall allow and pay only the reasonable and actual cost of the subsistence of prisoners in the custody of any marshal of the United States, and shall prescribe such regulations for the government of the marshals as will enable him to determine the actual and reasonable expenses incurred.

(b)

Health Care Items and Services.—

(1)

In general.—

Payment for costs incurred for the provision of health care items and services for individuals in the custody of the United States Marshals Service, the Federal Bureau of Investigation and the Department of Homeland Security shall be the amount billed, not to exceed the amount that would be paid for the provision of similar health care items and services under the Medicare program under title XVIII of the Social Security Act.

(2)

Full and final payment.—

Any payment for a health care item or service made pursuant to this subsection, shall be deemed to be full and final payment.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 4006

    June 25, 1948, ch. 645, 62 Stat. 848

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 848

  2. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(1)(tI)(s114) · 113 Stat. 1501

    1. Amended · 18 U.S.C. § 4006

      Pub. L. 106–113 designated existing provisions as subsec. (a)

    2. Inserted · 18 U.S.C. § 4006

      Pub. L. 106–113 inserted heading

    3. Added · 18 U.S.C. § 4006

      Pub. L. 106–113 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 106–113 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

  3. Pub. L. 106–553 § 1(a)(2)(tVI)(s626) · 114 Stat. 2762

    Inserted · 18 U.S.C. § 4006(b)(1)

    Pub. L. 106–553 inserted “, the Federal Bureau of Investigation” after “United States Marshals Service”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–553 inserted “, the Federal Bureau of Investigation” after “United States Marshals Service”.

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

  4. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1157(1) · 119 Stat. 2960

    Inserted · 18 U.S.C. § 4006(a)

    Pub. L. 109–162, § 1157(1), inserted “or the Secretary of Homeland Security, as applicable,” after “The Attorney General”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–162, § 1157(1), inserted “or the Secretary of Homeland Security, as applicable,” after “The Attorney General”.

    Enacted provision · exact public law section
    (1) in subsection (a) by inserting after “The Attorney General” the following: “or the Secretary of Homeland Security, as applicable,”; and

  5. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1157(2) · 119 Stat. 2960

    1. Substituted · 18 U.S.C. § 4006(b)(1)

      Pub. L. 109–162, § 1157(2), substituted “the Department of Homeland Security” for “the Immigration and Naturalization Service” “items and services under the Medicare program” for “items and services under—

    2. Substituted · 18 U.S.C. § 4006(b)(1)

      Pub. L. 109–162, § 1157(2), substituted “shall be the amount billed, not to exceed the amount” for “shall not exceed the lesser of the amount” “items and services under the Medicare program” for “items and services under—

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–162, § 1157(2), substituted “the Department of Homeland Security” for “the Immigration and Naturalization Service”, “shall be the amount billed, not to exceed the amount” for “shall not exceed the lesser of the amount”, and “items and services under the Medicare program” for “items and services under—

    “(A) the Medicare program” and struck out subpar. (B) which read as follows: “the Medicaid program under title XIX of such Act of the State in which the services were provided.”

    Enacted provision · exact public law section
    (2) in subsection (b)(1)— (A) by striking “the Immigration and Naturalization Service” and inserting “the Department of Homeland Security”; (B) by striking “shall not exceed the lesser of the amount” and inserting “shall be the amount billed, not to exceed the amount”; (C) by striking “items and services” and all that follows through “the Medicare program” and inserting “items and services under the Medicare program”; and (D) by striking “; or” and all that follows through the period at the end and inserting a period.

4 of 8 references resolved to an enrolled provision · 4 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 703 (R.S. § 5545; Mar. 2, 1911, ch. 192, 36 Stat. 1003).

The provisions relating to the Washington Asylum and Jail are now included in the District of Columbia Code. (See D.C. Code, 1940 ed., § 24–421.)

Changes of phraseology were made.

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments1999–2006 · 3 rounds

2006

Subsec. (a). Pub. L. 109–162, § 1157(1), inserted “or the Secretary of Homeland Security, as applicable,” after “The Attorney General”.

Subsec. (b)(1). Pub. L. 109–162, § 1157(2), substituted “the Department of Homeland Security” for “the Immigration and Naturalization Service”, “shall be the amount billed, not to exceed the amount” for “shall not exceed the lesser of the amount”, and “items and services under the Medicare program” for “items and services under—

“(A) the Medicare program”

and struck out subpar. (B) which read as follows: “the Medicaid program under title XIX of such Act of the State in which the services were provided.”

2000

Subsec. (b)(1). Pub. L. 106–553 inserted “, the Federal Bureau of Investigation” after “United States Marshals Service”.

1999

Pub. L. 106–113 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Credits

1948–2006 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 848
  2. 1999Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 114], , 113 Stat. 1535, 1501A–20
  3. 2000Pub. L. 106–553, § 1(a)(2) [title VI, § 626], , 114 Stat. 2762, 2762A–108
  4. 2006Pub. L. 109–162, title XI, § 1157, , 119 Stat. 3114.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 114], , 113 Stat. 1535, 1501A–20; Pub. L. 106–553, § 1(a)(2) [title VI, § 626], , 114 Stat. 2762, 2762A–108; Pub. L. 109–162, title XI, § 1157, , 119 Stat. 3114.)

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USLM identifier /us/usc/t18/s4006