I

104TH CONGRESS

1ST SESSION H. R. 2360

To amend title 18, United States Code, to permit Federal prisoners to

engage in community service projects.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 19, 1995

Mr. MCCOLLUM introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to permit Federal

prisoners to engage in community service projects.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PRISONER COMMUNITY SERVICE PROJECTS.

4 (a) IN GENERAL.—Chapter 303 of title 18, United

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘§ 4048. Community service projects

8 ‘‘(a) Subject to the limitations of this section, and

9 pursuant to rules prescribed by the Attorney General, the

10 chief executive officer of a Federal penal or correctional
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1 facility may, as part of an inmate work program, provide

2 products or services, free of charge or at minimal cost,

3 to private, nonprofit organizations (as defined in section

4 501(c)(3) of the Internal Revenue Code of 1986) or to

5 a component of any State government or political subdivi6 sion thereof.

7 ‘‘(b) Products provided under subsection (a) shall be

8 constructed in substantial part through the use of scrap

9 or waste materials that constitute excess property, as de10 fined in section 3(e) of the Federal Property and Adminis11 trative Services Act of 1949 (40 U.S.C. 472(e)). Such

12 products shall not be resold by the recipient.

13 ‘‘(c) Services provided under subsection (a)—

14 ‘‘(1) shall be used only for the benefit of the re15 cipient entity and not for the benefit of any individ16 ual or organization other than the recipient; and

17 ‘‘(2) shall not displace an employee of the recip18 ient or result in a reduction in hours, wages, or em19 ployment benefits of any employee of the recipient.

20 ‘‘(d) No goods or services may be provided under this

21 section by a Federal penal or correctional facility, if the

22 provision of those goods or services would reduce the num23 ber of inmates employed at any Federal Prison Industries

24 operations at that facility. Nothing this section shall be
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1 construed to increase or otherwise affect the powers of

2 Federal Prison Industries.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 303 of title 18, United States

5 Code, is amended by adding at the end the following new

6 item:

‘‘4048. Community service projects.’’.

7 SEC. 2. CONFORMING AMENDMENTS.

8 (a) FEDERAL PROPERTY AND ADMINISTRATIVE

9 SERVICES ACT AMENDMENT.—The second undesignated

10 paragraph of section 602(d) of the Federal Property and

11 Administrative Services Act of 1949 (40 U.S.C. 474), is

12 amended—

13 (1) by striking the period at the end of sub14 paragraph (21) and inserting a semicolon; and

15 (2) by inserting after subparagraph 21 the fol16 lowing:

17 ‘‘(22) the Federal Bureau of Prisons with re18 spect to the disposal of property used to produce

19 those products described in section 4048 of title 18,

20 United States Code.’’.

21 (b) EXCEPTION TO PROHIBITION ON SHIPMENT OF

22 GOODS.—Section 1761(b) of title 18, United States Code,

23 is amended by striking the period at the end and inserting
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1 ‘‘, nor to products provided pursuant to section 4048 of

2 this title.’’.

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