I
107TH CONGRESS
1ST SESSION
H. R. 1764
To ensure that the incarceration of inmates is not provided by private contrac-
tors or vendors and that persons charged or convicted of an offense
against the United States shall be housed in facilities managed and
maintained by Federal, State, or local governments.
IN THE HOUSE OF REPRESENTATIVES
MAY 8, 2001
Mr. STRICKLAND (for himself, Mr. ABERCROMBIE, Ms. BALDWIN, Mr. BRADY
of Pennsylvania, Mrs. CAPPS, Mr. CAPUANO, Mr. CONDIT, Mr.
DELAHUNT, Mr. FRANK, Mr. GILMAN, Mr. HOEFFEL, Mr. HOLDEN, Mr.
HORN, Ms. JACKSON-LEE of Texas, Mr. KILDEE, Ms. KILPATRICK, Mr.
KIND, Mr. LAFALCE, Mr. LANTOS, Mr. MCNULTY, Mr. MCGOVERN, Mrs.
MINK of Hawaii, Mr. OLVER, Mr. OWENS, Mr. PAYNE, Ms. PELOSI, Mr.
RUSH, Mr. STUPAK, Mr. SWEENEY, Mr. TIERNEY, Mr. EVANS, Mr.
UDALL of New Mexico, and Mr. BROWN of Ohio) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To ensure that the incarceration of inmates is not provided
by private contractors or vendors and that persons
charged or convicted of an offense against the United
States shall be housed in facilities managed and main-
tained by Federal, State, or local governments.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Public Safety Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The issues of safety, liability, accountability,
and cost are the paramount issues in running cor-
rections facilities.
(2) In recent years, the privatization of facili-
ties for persons previously incarcerated by govern-
mental entities has resulted in frequent escapes by
violent criminals, riots resulting in extensive dam-
age, prisoner violence, and incidents of prisoner
abuse by staff.
(3) In some instances, the courts have prohib-
ited the transfer of additional convicts to private
prisons because of the danger to prisoners and the
community.
(4) Frequent escapes and riots at private facili-
ties result in expensive law enforcement costs for
State and local governments.
(5) The need to make profits creates incentives
for private contractors to underfund mechanisms
that provide for the security of the facility and the
safety of the inmates, corrections staff, and neigh-
boring community.
(6) The 1997 Supreme Court ruling in Richard-
son v. McKnight that the qualified immunity that
shields State and local correctional officers does not
apply to private prison personnel, and therefore ex-
poses State and local governments to liability for the
actions of private corporations.
(7) Additional liability issues arise when in-
mates are transferred outside the jurisdiction of the
contracting State.
(8) Studies on private correctional facilities
have been unable to demonstrate any significant cost
savings in the privatization of corrections facilities.
(9) The imposition of punishment on errant
citizens through incarceration requires State and
local governments to exercise their coercive police
powers over individuals. These powers, including the
authority to use force over a private citizen, should
not be delegated to another private party.
SEC. 3. ELIGIBILITY FOR GRANTS.
(a) IN GENERAL.—To be eligible to receive a grant
under subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994, an applicant shall pro-
vide assurances to the Attorney General that if selected
to receive funds under such subtitle the applicant shall not
contract with a private contractor or vendor to provide
core correctional services related to the incarceration of
an inmate.
(b) EFFECTIVE DATE.—Subsection (a) shall apply to
grant funds received after the date of enactment of this
Act.
(c) EFFECT ON EXISTING CONTRACTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), subsection (a) shall not apply to a con-
tract in effect on the date of the enactment of this
Act between a grantee and a private contractor or
vendor to provide core correctional services related
to correctional facilities or the incarceration of in-
mates.
(2) RENEWALS AND EXTENSIONS.—Subsection
(a) shall apply to renewals or extensions of an exist-
ing contract entered into after the date of the enact-
ment of this Act.
(d) DEFINITION.—For purposes of this section, the
term ‘‘core correctional service’’ means the housing, safe-
guarding, protecting, and disciplining of persons charged
or convicted of an offense.
SEC. 4. ENHANCING PUBLIC SAFETY AND SECURITY IN THE
DUTIES OF THE BUREAU OF PRISONS.
Section 4042(a) of title 18, United States Code, is
amended—
(1) by redesignating paragraph (5) as para-
graph (7);