[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 994 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 994
To prohibit the use of for-profit facilities and detention centers, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2021
Mr. Grijalva (for himself, Mr. Rush, Ms. Schakowsky, Ms. Lee of
California, Mr. Blumenauer, Ms. Meng, Mr. Gallego, Ms. Norton, Mr.
Espaillat, Ms. Velazquez, Mr. Carson, Ms. Omar, Mr. Smith of
Washington, Mr. Gomez, Mr. McGovern, Mr. San Nicolas, Mr. Pocan, Mrs.
Watson Coleman, Mr. Jones, Mr. Takano, Mrs. Napolitano, Ms. Garcia of
Texas, Ms. McCollum, Mr. Vargas, Ms. Bass, Mr. Johnson of Georgia, Ms.
Jayapal, Ms. Tlaib, Mr. Welch, Ms. Barragan, Mr. Connolly, Ms. Ocasio-
Cortez, and Ms. Escobar) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Energy and Commerce, Financial Services, and Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the use of for-profit facilities and detention centers, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice is Not For Sale Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``core correctional services'' means the
housing, transporting, safeguarding, protecting, and
disciplining of individuals--
(A) charged with or convicted of an offense; or
(B) who are in custody for purposes of enforcing
the immigration laws, as defined in section 101(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a));
(2) the term ``local government'' means a city, county,
township, town, borough, parish, village, or other general
purpose political subdivision of a State;
(3) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
another commonwealth, territory, or possession of the United
States; and
(4) the term ``facility housing adult prisoners or
detainees in the custody of a State or local government''
includes for-profit civil commitment centers, return to custody
units, community corrections and treatment centers, halfway
houses and re-entry programs, restitution or day reporting
centers, transitional centers, mental health facilities, or
other facilities or programs that are under contract with a
government entity to provide custody, control, supervision,
treatment, and rehabilitation of prisoners or detainees.
SEC. 3. ELIMINATION OF FEDERAL CONTRACTS FOR PRIVATELY RUN PRISONS
WITHIN 2 YEARS.
(a) Operational Control.--Except as provided in subsection (b), not
later than 2 years after the date of enactment of this Act--
(1) each facility housing adult prisoners or detainees in
the custody of the Federal Government shall be under the
direct, operational control of the Federal Government; and
(2) core correctional services at each such facility shall
be performed by employees of the Federal Government.
(b) Waiver Authorized.--If the Attorney General determines that the
Federal Government is unable to comply with subsection (a) by the date
that is 2 years after the date of enactment of this Act, the Attorney
General may waive the application of subsection (a) for not more than 1
year.
(c) Electronic Monitoring of Released Persons.--Electronic
monitoring of the location of a person released from the custody of the
Federal Government may be conducted only by a public entity under the
supervision and control of the Federal Government or a non-profit
entity that has a contract with the Federal Government to perform such
monitoring.
SEC. 4. PROHIBITION ON PRIVATE FOR-PROFIT ENTITIES RUNNING STATE AND
LOCAL PRISONS OR DETENTION ALTERNATIVES AFTER 2 YEARS.
(a) Operational Control.--Except as provided in subsection (b), on
and after the date that is 2 years after the date of enactment of this
Act--
(1) no private for-profit entity engaged in or affecting
interstate commerce shall own or have direct, operational
control over a facility housing adult prisoners or detainees in
the custody of the State or local government; and
(2) no private for-profit entity engaged in or affecting
interstate commerce shall perform core correctional services at
such a facility.
(b) Waiver Authorized.--If the Attorney General determines that a
State or local government requires services from a private for-profit
entity that are described in subsection (a) after the date that is 2
years after the date of enactment of this Act, the Attorney General may
waive the application of subsection (a) as to that private for-profit
entity for not more than 1 year.
(c) Electronic Monitoring of Released Persons.--No private for-
profit entity engaged in or affecting interstate commerce may operate
electronic monitoring of the location of a person released from the
custody of a State or local government.
(d) Enforcement.--The Attorney General may bring a civil action in
an appropriate district court of the United States for such declaratory
or injunctive relief as is necessary to carry out this section.
SEC. 5. CFPB OVERSIGHT OF PROVIDERS OF MONEY TRANSFER SERVICES FOR
CORRECTIONAL AND IMMIGRATION DETENTION FACILITIES.
(a) Definitions.--In this section--
(1) the term ``Bureau'' means the Bureau of Consumer
Financial Protection;
(2) the term ``correctional facility'' means a jail,
prison, or other detention facility used to house people who
have been arrested, detained, held, or convicted by a criminal
justice agency or a court;
(3) the term ``covered inmate'' means--
(A) an individual who is being held, detained, or
incarcerated in a correctional facility; and
(B) an individual who is being held in an
immigration detention facility;
(4) the term ``covered provider'' means a provider of a
service, including a money transfer service, that--
(A) facilitates the electronic transfer of funds
from an individual who is not a covered inmate to a
covered inmate;
(B) provides a payment to a covered inmate who is
being released from a correctional facility or an
immigration detention facility; or
(C) provides a payment on behalf of a covered
inmate; and
(5) the term ``immigration detention facility'' means a
Federal, State, or local government facility, or a privately
owned and operated facility, that is used, in whole or in part,
to hold individuals under the authority of the Director of U.S.
Immigration and Customs Enforcement, including facilities that
hold such individuals under a contract or agreement with the
Department of Homeland Security.
(b) Reasonable and Proportional Fee or Charge.--The amount of any
fee or charge that a covered provider may impose with respect to a
service described in subparagraph (A), (B), or (C) of subsection (a)(4)
shall be reasonable and proportional to the relative cost or value of
the service.
(c) Requirement To Issue Regulations.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Bureau shall issue final rules to
establish standards for assessing whether the amount of any fee
or charge described in subsection (b) is reasonable and
proportional to the relative cost or value of the service
provided by a covered provider.
(2) Considerations.--In issuing the final rules under
paragraph (1), the Bureau shall consider--
(A) whether there are alternative means for
transferring funds into correctional facilities and
immigration detention facilities;
(B) whether those alternatives can reasonably be
considered comparable;
(C) differing cost structures for transferring
funds into correctional facilities and immigration
detention facilities; and
(D) such other factors as the Bureau may determine
necessary or appropriate.
(3) Differentiation permitted.--In issuing the final rules
under paragraph (1), the Bureau may establish different
standards for different types of fees and charges, as
appropriate.
SEC. 6. REQUIREMENTS FOR CONFINEMENT FACILITY COMMUNICATIONS SERVICES.
(a) In General.--Section 276 of the Communications Act of 1934 (47
U.S.C. 276) is amended by adding at the end the following:
``(e) Additional Requirements for Confinement Facility
Communications Services.--
``(1) Authority.--
``(A) In general.--All charges, practices,
classifications, and regulations for and in connection
with confinement facility communications services shall
be just and reasonable, and any such charge, practice,
classification, or regulation that is unjust or
unreasonable is declared to be unlawful.
``(B) Rulemaking required.--Not later than 18
months after the date of the enactment of this
subsection, the Commission shall issue rules to adopt,
for the provision of confinement facility
communications services, rates and ancillary service
charges that are just and reasonable, which shall be
the maximum such rates and charges that a provider of
confinement facility communications services may charge
for such services. In determining rates and charges
that are just and reasonable, the Commission shall
adopt such rates and charges based on the average
industry costs of providing such services using data
collected from providers of confinement facility
communications services.
``(C) Biennial review.--Not less frequently than
every 2 years following the issuance of rules under
subparagraph (B), the Commission shall--
``(i) determine whether the rates and
ancillary service charges authorized by the
rules issued under such subparagraph remain
just and reasonable; and
``(ii) if the Commission determines under
clause (i) that any such rate or charge does
not remain just and reasonable, revise such
rules so that such rate or charge is just and
reasonable.
``(2) Interim rate caps.--Until the Commission issues the
rules required by paragraph (1)(B), a provider of confinement
facility communications services may not charge a rate for any
voice service communication using confinement facility
communications services that exceeds the following:
``(A) For debit calling or prepaid calling, $0.04
per minute.
``(B) For collect calling, $0.05 per minute.
``(3) Assessment on per-minute basis.--Except as provided
in paragraph (4), a provider of confinement facility
communications services--
``(A) shall assess all charges for a communication
using such services on a per-minute basis for the
actual duration of the communication, measured from
communication acceptance to termination, rounded up to
the next full minute, except in the case of charges for
services that the confinement facility offers free of
charge or for amounts below the amounts permitted under
this subsection; and
``(B) may not charge a per-communication or per-
connection charge for a communication using such
services.
``(4) Ancillary service charges.--
``(A) General prohibition.--A provider of
confinement facility communications services may not
charge an ancillary service charge other than--
``(i) if the Commission has not yet issued
the rules required by paragraph (1)(B), a
charge listed in subparagraph (B) of this
paragraph; or
``(ii) a charge authorized by the rules
adopted by the Commission under paragraph (1).
``(B) Permitted charges and rates.--If the
Commission has not yet issued the rules required by
paragraph (1)(B), a provider of confinement facility
communications services may not charge a rate for an
ancillary service charge in excess of the following:
``(i) In the case of an automated payment
fee, 2.9 percent of the total charge on which
the fee is assessed.
``(ii) In the case of a fee for single-call
and related services, the exact transaction fee
charged by the third-party provider, with no
markup.
``(iii) In the case of a live agent fee,
$5.95 per use.
``(iv) In the case of a paper bill or
statement fee, $2 per use.
``(v) In the case of a third-party
financial transaction fee, the exact fee, with
no markup, charged by the third party for the
transaction.
``(5) Prohibition on site commissions.--A provider of
confinement facility communications services may not assess a
site commission.
``(6) Relationship to state law.--A State or political
subdivision of a State may not enforce any law, rule,
regulation, standard, or other provision having the force or
effect of law relating to confinement facility communications
services that allows for higher rates or other charges to be
assessed for such services than is permitted under any Federal
law or regulation relating to confinement facility
communications services.
``(7) Definitions.--In this subsection:
``(A) Ancillary service charge.--The term
`ancillary service charge' means any charge a consumer
may be assessed for the setting up or use of a
confinement facility communications service that is not
included in the per-minute charges assessed for
individual communications.
``(B) Automated payment fee.--The term `automated
payment fee' means a credit card payment, debit card
payment, or bill processing fee, including a fee for a
payment made by means of interactive voice response,
the internet, or a kiosk.
``(C) Collect calling.--The term `collect calling'
means an arrangement whereby a credit-qualified party
agrees to pay for charges associated with a
communication made to such party using confinement
facility communications services and originating from
within a confinement facility.
``(D) Confinement facility.--The term `confinement
facility'--
``(i) means a jail or a prison; and
``(ii) includes any juvenile, detention,
work release, or mental health facility that is
used primarily to hold individuals who are--
``(I) awaiting adjudication of
criminal charges or an immigration
matter; or
``(II) serving a sentence for a
criminal conviction.
``(E) Confinement facility communications
service.--The term `confinement facility communications
service' means a service that allows incarcerated
persons to make electronic communications (whether
intrastate, interstate, or international and whether
made using video, audio, or any other communicative
method, including advanced communications services) to
individuals outside the confinement facility, or to
individuals inside the confinement facility, where the
incarcerated person is being held, regardless of the
technology used to deliver the service.
``(F) Consumer.--The term `consumer' means the
party paying a provider of confinement facility
communications services.
``(G) Debit calling.--The term `debit calling'
means a presubscription or comparable service which
allows an incarcerated person, or someone acting on an
incarcerated person's behalf, to fund an account set up
through a provider that can be used to pay for
confinement facility communications services originated
by the incarcerated person.
``(H) Fee for single-call and related services.--
The term `fee for single-call and related services'
means a billing arrangement whereby communications made
by an incarcerated person using collect calling are
billed through a third party on a per-communication
basis, where the recipient does not have an account
with the provider of confinement facility
communications services.
``(I) Incarcerated person.--The term `incarcerated
person' means a person detained at a confinement
facility, regardless of the duration of the detention.
``(J) Jail.--The term `jail'--
``(i) means a facility of a law enforcement
agency of the Federal Government or of a State
or political subdivision of a State that is
used primarily to hold individuals who are--
``(I) awaiting adjudication of
criminal charges;
``(II) post-conviction and
committed to confinement for sentences
of one year or less; or
``(III) post-conviction and
awaiting transfer to another facility;
and
``(ii) includes--
``(I) city, county, or regional
facilities that have contracted with a
private company to manage day-to-day
operations;
``(II) privately-owned and operated
facilities primarily engaged in housing
city, county, or regional incarcerated
persons; and
``(III) facilities used to detain
individuals pursuant to a contract with
U.S. Immigration and Customs
Enforcement.
``(K) Live agent fee.--The term `live agent fee'
means a fee associated with the optional use of a live
operator to complete a confinement facility
communications service transaction.
``(L) Paper bill or statement fee.--The term `paper
bill or statement fee' means a fee associated with
providing a consumer an optional paper billing
statement.
``(M) Per-communication or per-connection charge.--
The term `per-communication or per-connection charge'
means a one-time fee charged to a consumer at the
initiation of a communication.
``(N) Prepaid calling.--The term `prepaid calling'
means a calling arrangement that allows a consumer to
pay in advance for a specified amount of confinement
facility communications services.
``(O) Prison.--The term `prison'--
``(i) means a facility operated by a State
or Federal agency that is used primarily to
confine individuals convicted of felonies and
sentenced to terms in excess of one year; and
``(ii) includes--
``(I) public and private facilities
that provide outsource housing to State
or Federal agencies such as State
Departments of Correction and the
Federal Bureau of Prisons; and
``(II) facilities that would
otherwise be jails but in which the
majority of incarcerated persons are
post-conviction or are committed to
confinement for sentences of longer
than one year.
``(P) Provider of confinement facility
communications services.--The term `provider of
confinement facility communications services' means any
communications service provider that provides
confinement facility communications services,
regardless of the technology used.
``(Q) Site commission.--The term `site commission'
means any monetary payment, in-kind payment, gift,
exchange of services or goods, fee, technology
allowance, or product that a provider of confinement
facility communications services or an affiliate of a
provider of confinement facility communications
services may pay, give, donate, or otherwise provide
to--
``(i) an entity that operates a confinement
facility;
``(ii) an entity with which the provider of
confinement facility communications services
enters into an agreement to provide confinement
facility communications services;
``(iii) a governmental agency that oversees
a confinement facility;
``(iv) the State or political subdivision
of a State where a confinement facility is
located; or
``(v) an agent or other representative of
an entity described in any of clauses (i)
through (iv).
``(R) Third-party financial transaction fee.--The
term `third-party financial transaction fee' means the
exact fee, with no markup, that a provider of
confinement facility communications services is charged
by a third party to transfer money or process a
financial transaction to facilitate the ability of a
consumer to make an account payment via a third party.
``(S) Voice service.--The term `voice service'--
``(i) means any service that is
interconnected with the public switched
telephone network and that furnishes voice
communications to an end user using resources
from the North American Numbering Plan or any
successor to the North American Numbering Plan
adopted by the Commission under section
251(e)(1); and
``(ii) includes--
``(I) transmissions from a
telephone facsimile machine, computer,
or other device to a telephone
facsimile machine; and
``(II) without limitation, any
service that enables real-time, two-way
voice communications, including any
service that requires internet
protocol-compatible customer premises
equipment (commonly known as `CPE') and
permits out-bound calling, whether or
not the service is one-way or two-way
voice over internet protocol.''.
(b) Conforming Amendment.--Section 276(d) of the Communications Act
of 1934 (47 U.S.C. 276(d)) is amended by striking ``inmate telephone
service in correctional institutions'' and inserting ``confinement
facility communications services (as defined in subsection (e)(7))''.
(c) Existing Contracts.--
(1) In general.--In the case of a contract that was entered
into and under which a provider of confinement facility
communications services was providing such services at a
confinement facility on or before the date of the enactment of
this Act--
(A) paragraphs (1) through (5) of subsection (e) of
section 276 of the Communications Act of 1934, as added
by subsection (a) of this section, shall apply to the
provision of confinement facility communications
services by such provider at such facility beginning on
the earlier of--
(i) the date that is 60 days after such
date of enactment; or
(ii) the date of the termination of the
contract; and
(B) the terms of such contract may not be extended
after such date of enactment, whether by exercise of an
option or otherwise.
(2) Definitions.--In this subsection, the terms
``confinement facility'', ``confinement facility communications
service'', and ``provider of confinement facility
communications services'' have the meanings given such terms in
paragraph (7) of subsection (e) of section 276 of the
Communications Act of 1934, as added by subsection (a) of this
section.
(d) Authority.--Section 2(b) of the Communications Act of 1934 (47
U.S.C. 152(b)) is amended by inserting ``section 276,'' after ``227,
inclusive,''.
SEC. 7. OVERSIGHT OF DETENTION FACILITIES.
(a) Definitions.--In this section:
(1) Applicable standards.--The term ``applicable
standards'' means the most recent version of detention
standards and detention-related policies issued by the
Secretary of Homeland Security or the Director of U.S.
Immigration and Customs Enforcement.
(2) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement, including
facilities that hold such individuals under a contract or
agreement with the Department of Homeland Security.
(b) Detention Requirements.--The Secretary of Homeland Security
shall ensure that all persons detained pursuant to the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) are treated humanely and
benefit from the protections set forth in this section.
(c) Oversight Requirements.--
(1) Annual inspection.--All detention facilities housing
noncitizens in the custody of the Department of Homeland
Security shall be inspected, for compliance with applicable
detention standards issued by the Secretary and other
applicable regulations, by--
(A) the Immigration Detention Ombudsman at least
biannually; and
(B) an independent, third-party auditor at least
biannually.
(2) Routine oversight.--In addition to the inspections
required under paragraph (1), the Secretary shall conduct
routine oversight of the detention facilities described in
paragraph (1), including unannounced inspections.
(3) Availability of records.--All detention facility
contracts, memoranda of agreement, audits, inspections,
evaluations and reviews, include those conducted by the Office
for Civil Rights and Civil Liberties and the Office of
Inspector General of the Department of Homeland Security, shall
be considered public records for purposes of section 552(f)(2)
of title 5, United States Code.
(4) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent
opinion of specific facilities.
(5) Report of immigration detention ombudsman.--The
Immigration Detention Ombudsman shall submit a report to
Congress on a bi-annual basis on its activities, findings, and
recommendations, based on the inspections conducted under
paragraph (1), including a copy of any complaint form or
mechanism created, the number and types of complaints received,
the number of complaints investigated, and the number of
inspections under paragraph (1) that the Ombudsman conducted
during the previous 6-month period, including any unannounced
inspections.
(d) Compliance Mechanisms.--
(1) Agreements.--
(A) New agreements.--Compliance with applicable
standards of the Secretary of Homeland Security and all
applicable regulations, and meaningful financial
penalties for failure to comply, shall be a material
term in any new contract, memorandum of agreement, or
any renegotiation, modification, or renewal of an
existing contract or agreement, including fee
negotiations, executed with detention facilities.
(B) Existing agreements.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall secure a modification incorporating
these terms for any existing contracts or agreements
that will not be renegotiated, renewed, or otherwise
modified.
(C) Cancellation of agreements.--Unless the
Secretary provides a reasonable extension to a specific
detention facility that is negotiating in good faith,
contracts or agreements with detention facilities that
are not modified within 1 year of the date of the
enactment of this Act will be cancelled.
(D) Provision of information.--In making
modifications under this paragraph, the Secretary shall
require that detention facilities provide to the
Secretary all contracts, memoranda of agreement,
evaluations, and reviews regarding the facility on a
regular basis. The Secretary shall make these materials
publicly available on a timely and regular basis.
(2) Financial penalties.--
(A) Requirement to impose.--Subject to subparagraph
(C), the Secretary shall impose meaningful financial
penalties upon facilities that fail to comply with
applicable detention standards issued by the Secretary
and other applicable regulations.
(B) Timing of imposition.--Financial penalties
imposed under subparagraph (A) shall be imposed
immediately after a facility fails to achieve an
adequate or the equivalent median score in any
performance evaluation.
(C) Waiver.--The requirements of subparagraph (A)
may be waived if the facility corrects the noted
deficiencies and receives an adequate score in not more
than 90 days.
(D) Multiple offenders.--If the Secretary
determines that a facility has been persistently and
substantially violating the detention standards issued
by the Secretary, including by scoring less than
adequate or the equivalent median score in 2
consecutive inspections--
(i) the Secretary shall terminate contracts
or agreements with such facilities within 60
days; or
(ii) in the case of facilities operated by
the Secretary, the Secretary shall close such
facilities within 90 days.
(e) Reporting Requirements.--
(1) Objectives.--Not later than June 30 of each year, the
Secretary of Homeland Security shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives that describes
the inspection and oversight activities at detention
facilities.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a description of each detention facility found
to be in noncompliance with applicable detention
standards issued by the Department of Homeland Security
and other applicable regulations;
(B) a description of the actions taken by the
Department to remedy any findings of noncompliance or
other identified problems, including financial
penalties, contract or agreement termination, or
facility closure; and
(C) information regarding whether the actions
described in subparagraph (B) resulted in compliance
with applicable detention standards and regulations.
SEC. 8. REPLACEMENT OF FAMILY DETENTION WITH ALTERNATIVES.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(f) Prohibition on Detention of Families.--
``(1) Prohibition.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security is prohibited
from--
``(A) detaining a family unit under the authority
of this section; or
``(B) separating a family unit whose members were
apprehended together in order to detain a family member
under this section.
``(2) Alternatives to detention.--
``(A) In general.--The Secretary of Homeland
Security shall establish community-based and community-
supported case management programs operated by
nonprofit organizations for family units who are
prohibited from being detained pursuant to paragraph
(1), which programs shall impose the least onerous
obligations possible on participants.
``(B) Prohibition on certain alternatives.--The
Secretary may not use an ankle-worn or other GPS
tracking device as an alternative to detention under
this paragraph.''.
SEC. 9. PRIVATE RIGHT OF ACTION.
(a) In General.--A person aggrieved of any violation of this Act or
an amendment made by this Act may bring a civil action in an
appropriate district court of the United States.
(b) Relief.--For a prevailing plaintiff in a civil action brought
under subsection (a), the court--
(1) shall award damages in the amount equal to the greater
of--
(A) the actual damages of the plaintiff; or
(B) $1,000 for each violation of this Act or an
amendment made by this Act;
(2) may order injunctive relief; and
(3) shall award reasonable attorney fees.
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