18 U.S.C. § 4128
Section 4128 · Enforcement by Attorney General
Amended 1 time on record
Applied in 1 court decisions — leading case Thompson v. United States, Federal Prison Industries (1974)
Most recently applied in Thompson v. United States, Federal Prison Industries (April 1974)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §744n (June 23, 1934, ch. 736, §6, 48 Stat. 1212).
Phrase relating to section being “supplemental” to sections 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, §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”.