I
118THCONGRESS
1
STSESSION H. R. 444
To restrict the authority of the Attorney General to enter into contracts
for Federal correctional facilities and community confinement facilities,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY20, 2023
Mrs. W
ATSONCOLEMANintroduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To restrict the authority of the Attorney General to enter
into contracts for Federal correctional facilities and com-
munity confinement facilities, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘End For-Profit Pris-4
ons Act of 2023’’. 5
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SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL 1
CORRECTIONAL FACILITIES AND COMMU-2
NITY CONFINEMENT FACILITIES. 3
(a) I
NGENERAL.—Chapter 301 of title 18, United 4
States Code, is amended by adding at the end the fol-5
lowing: 6
‘‘§ 4015. No contracting out of Federal prison facili-7
ties or community confinement facilities 8
‘‘(a) F
EDERALCORRECTIONAL FACILITIESGEN-9
ERALLY.—Beginning on the date that is 6 years after the 10
date of the enactment of the End For-Profit Prisons Act 11
of 2023— 12
‘‘(1) all core correctional services at each cor-13
rectional facility which is used by the Bureau of 14
Prisons for the confinement of persons serving sen-15
tences of imprisonment for Federal offenses shall be 16
performed by employees of the Federal Government; 17
and 18
‘‘(2) all core correctional services at each cor-19
rectional facility which is used by the United States 20
Marshals Service for the confinement of persons in 21
the custody of the United States Marshals Service 22
shall be performed by employees of the Federal Gov-23
ernment, except that the United States Marshals 24
Service may enter and maintain a contract with a 25
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facility operated by a State or unit of local govern-1
ment if— 2
‘‘(A) the core correctional services at such 3
correctional facility are performed by employees 4
of such State or unit of local government; and 5
‘‘(B) the facility meets all constitutional, 6
Federal statutory, United States Marshals 7
Service, and any applicable State or local stand-8
ards. 9
‘‘(b) F
EDERALCOMMUNITYCONFINEMENTFACILI-10
TIES.—Beginning on the date that is 8 years after the 11
date of the enactment of the End For-Profit Prisons Act 12
of 2023, the Director of the Bureau of Prisons may not 13
enter into or maintain any contract with any for-profit en-14
tity to provide or manage any community confinement fa-15
cility. 16
‘‘(c) D
EFINITIONS.—In this section: 17
‘‘(1) The term ‘community confinement facility’ 18
has the meaning given that term in section 115.5 of 19
title 28, Code of Federal Regulations (as in effect on 20
the date of the enactment of the End For-Profit 21
Prisons Act of 2023). 22
‘‘(2) The term ‘core correctional services’ means 23
the housing, safeguarding, protecting, and dis-24
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ciplining of individuals charged with or convicted of 1
an offense.’’. 2
(b) C
LERICALAMENDMENT.—The table of sections 3
at the beginning of chapter 301 of title 18, United States 4
Code, is amended by adding at the end the following new 5
item: 6
‘‘4015. No contracting out of Federal prison facilities or community confinement
facilities.’’.
SEC. 3. TRANSITIONAL PROVISIONS.
7
(a) F
EDERALCORRECTIONALFACILITIES.—The At-8
torney General shall take appropriate action to phase out 9
existing Bureau of Prisons and United States Marshals 10
Service contracts for core correctional services which, at 11
the conclusion of the transition period, will be prohibited 12
under section 4015 of title 18, United States Code. 13
(b) F
EDERALCOMMUNITYCONFINEMENT FACILI-14
TIES.—The Attorney General shall take appropriate ac-15
tion to phase out existing Bureau of Prisons contracts for 16
community confinement facilities which, at the conclusion 17
of the transition period, will be prohibited under section 18
4015 of title 18, United States Code. 19
SEC. 4. REPORT. 20
Not later than 2 years after the date of the enact-21
ment of this Act, and every 2 years thereafter, the Attor-22
ney General shall submit to Congress a report which de-23
scribes and evaluates the prison population in the custody 24
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of the Bureau of Prisons. The report shall include infor-1
mation regarding the race, gender, age, and nationality 2
of such persons, as well as the location of the custody of 3
such persons. 4
SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT RE-5
DUCE RECIDIVISM. 6
(a) I
NGENERAL.—The Attorney General shall con-7
duct research to evaluate the effectiveness at improving 8
community reintegration of programs operated by, and 9
policies of, community confinement facilities (as such term 10
is defined in section 4015 of title 18, United States Code), 11
and shall develop guidelines based on such research for 12
the use of such programs and policies at community con-13
finement facilities. 14
(b) R
EPORT.—Not later than 4 years after the date 15
of the enactment of this Act, and every 4 years thereafter, 16
the Attorney General shall submit to Congress a report 17
which describes the results of the research conducted 18
under subsection (a), the guidelines developed pursuant to 19
such research, and how such guidelines are being incor-20
porated into any contract for the provision or management 21
of a community confinement facility to which the Bureau 22
of Prisons is a party. 23
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SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILI-1
TIES USED FOR THE CONFINEMENT OF PER-2
SONS IN THE CUSTODY OF THE UNITED 3
STATES MARSHALS SERVICE. 4
Not later than one year after the date of the enact-5
ment of this Act, and annually thereafter, the United 6
States Marshals Service shall conduct a thorough inspec-7
tion of each correctional facility which is used by the 8
United States Marshals Service for the confinement of 9
persons in the custody of the United States Marshals 10
Service to ensure that each such facility meets all constitu-11
tional, Federal statutory, United States Marshals Service, 12
and any other applicable standards, including any State 13
or local standards. 14
SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO 15
THE RELEASE OF FEDERAL PRISONERS. 16
Section 3624 of title 18, United States Code, is 17
amended by adding at the end the following: 18
‘‘(h) P
ROVISION OF INFORMATION AND COUN-19
SELING.—The Attorney General shall make rules to as-20
sure that each prisoner released from Federal custody 21
upon the expiration of that prisoner’s term of imprison-22
ment for an offense, including a prisoner who resides in 23
a community confinement facility (as such term is defined 24
in section 4015), receives information and appropriate 25
counseling about each of the following: 26
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‘‘(1) Any right the prisoner may have to have 1
the prisoner’s criminal record expunged. 2
‘‘(2) The availability of programs to remove em-3
ployment barriers. 4
‘‘(3) Relevant vocational and educational reha-5
bilitation programs that are available to the pris-6
oner. 7
‘‘(4) A detailed record of participation in edu-8
cational, employment, and treatment programs com-9
pleted while incarcerated. 10
‘‘(5) Assistance with applications for the fol-11
lowing: 12
‘‘(A) Programs providing nutritional as-13
sistance. 14
‘‘(B) Medicaid. 15
‘‘(C) Social Security. 16
‘‘(D) Driver’s license. 17
‘‘(E) Registering to vote.’’. 18
SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RE-19
LEASED PRISONERS. 20
Section 4042 of title 18, United States Code, is 21
amended by adding at the end the following: 22
‘‘(e) R
EQUIREMENTSWITHRESPECT TORELEASED 23
P
RISONERS.—In carrying out the duties set forth in sub-24
sections (a)(6) and (a)(7), the Director of the Bureau of 25
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Prisons shall ensure that each prisoner receives informa-1
tion and counseling during prerelease procedures regard-2
ing each area described in subsections (a)(6) and (a)(7). 3
The Director of the Bureau of Prisons shall provide each 4
released prisoner, including a prisoner who resides in a 5
community confinement facility (as such term is defined 6
in section 4015), with information regarding fines, assess-7
ments, surcharges, restitution, other penalties due from 8
the prisoner in connection with the conviction, which it 9
shall be the duty of the appropriate judicial officers to pro-10
vide to the Bureau.’’. 11
Æ
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