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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PRISONER COMMUNITY SERVICE PROJECTS.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 4048. Community service projects
‘‘(a) Subject to the limitations of this section, and
pursuant to rules prescribed by the Attorney General, the
chief executive officer of a Federal penal or correctional
facility may, as part of an inmate work program, provide
products or services, free of charge or at minimal cost,
to private, nonprofit organizations (as defined in section
501(c)(3) of the Internal Revenue Code of 1986) or to
a component of any State government or political subdivi-
sion thereof.
‘‘(b) Products provided under subsection (a) shall be
constructed in substantial part through the use of scrap
or waste materials that constitute excess property, as de-
fined in section 3(e) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 472(e)). Such
products shall not be resold by the recipient.
‘‘(c) Services provided under subsection (a)—
‘‘(1) shall be used only for the benefit of the re-
cipient entity and not for the benefit of any individ-
ual or organization other than the recipient; and
‘‘(2) shall not displace an employee of the recip-
ient or result in a reduction in hours, wages, or em-
ployment benefits of any employee of the recipient.
‘‘(d) No goods or services may be provided under this
section by a Federal penal or correctional facility, if the
provision of those goods or services would reduce the num-
ber of inmates employed at any Federal Prison Industries
operations at that facility. Nothing this section shall be
construed to increase or otherwise affect the powers of
Federal Prison Industries.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 303 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘4048. Community service projects.’’.
SEC. 2. CONFORMING AMENDMENTS.
(a) FEDERAL
PROPERTY
AND
ADMINISTRATIVE
SERVICES ACT AMENDMENT.—The second undesignated
paragraph of section 602(d) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 474), is
amended—
(1) by striking the period at the end of sub-
paragraph (21) and inserting a semicolon; and
(2) by inserting after subparagraph 21 the fol-
lowing:
‘‘(22) the Federal Bureau of Prisons with re-
spect to the disposal of property used to produce
those products described in section 4048 of title 18,
United States Code.’’.
(b) EXCEPTION TO PROHIBITION ON SHIPMENT OF
GOODS.—Section 1761(b) of title 18, United States Code,
is amended by striking the period at the end and inserting
‘‘, nor to products provided pursuant to section 4048 of
this title.’’.
Æ