§ 4013. Support of United States prisoners in non-Federal institutions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII § 7608(d)(1) · 102 Stat. 4181

   Enacted · 18 U.S.C. § 4013

   Added Pub. L. 100–690, title VII, § 7608(d)(1), Nov. 18, 1988, 102 Stat. 4516

   Source evidence

   Code source credit
   Added Pub. L. 100–690, title VII, § 7608(d)(1), Nov. 18, 1988, 102 Stat. 4516

   Enacted provision · exact public law section
   (1) In general.— Chapter 301 of title 18, United States Code, is amended by adding at the end the following new section: “§ 4013. Support of United States prisoners in non-Federal institutions “(a) The Attorney General, in support of United States prisoners in non-Federal institutions, is authorized to make payments from funds appropriated for the support of United States prisoners for— “(1) necessary clothing; “(2) medical care and necessary guard hire; “(3) the housing, care, and security of persons held in custody of a United States marshal pursuant to Federal law under agreements with State or local units of government or contracts with private entities; and “(4) entering into contracts or cooperative agreements with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies, or materials required to establish acceptable conditions of confinement and detention services in any State or local jurisdiction which agrees to provide guaranteed bed space for Federal detainees within that correctional system, in accordance with regulations which are issued by the Attorney General and are comparable to the regulations issued under section 4006 of this title, except that— “(A) amounts made available for purposes of this paragraph shall not exceed the average per-inmate cost of constructing similar confinement facilities for the Federal prison population, “(B) the availability of such federally assisted facility shall be assured for housing Federal prisoners, and “(C) the per diem rate charged for housing such Federal prisoners shall not exceed allowable costs or other conditions specified in the contract or cooperative agreement.”.

2. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 3599 · 104 Stat. 4789

   Repealed · 18 U.S.C. § 4013(a)

   Pub. L. 101–647, § 3599, which struck out “(a)” at beginning of text, was repealed by Pub. L. 103–322, § 330011(o)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–647, § 3599, which struck out “(a)” at beginning of text, was repealed by Pub. L. 103–322, § 330011(o).

   Enacted provision · exact public law section
   SEC. 3599. CORRECTION TO SECTION 4013. Section 4013 of title 18, United States Code, is amended by striking “(a)”.

3. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 1701 · 104 Stat. 4789

   Added · 18 U.S.C. § 4013(b)

   Pub. L. 101–647, § 1701, added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–647, § 1701, added subsec. (b).

   Enacted provision · exact public law section
   SEC. 1701. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS. Section 4013 of title 18, United States Code, is amended by adding at the end thereof the following new subsection: “(b) (1) The United States Marshals Service may designate districts that need additional support from private detention entities under subsection (a)(3) based on— “(A) the number of Federal detainees in the district; and “(B) the availability of appropriate Federal, State, and local government detention facilities. “(2) In order to be eligible for a contract for the housing, care, and security of persons held in custody of the United States Marshals pursuant to Federal law and funding under subsection (a)(3), a private entity shall— “(A) be located in a district that has been designated as needing additional Federal detention facilities pursuant to paragraph (1); “(B) meet the standards of the American Correctional Association; “(C) comply with all applicable State and local laws and regulations; “(D) have approved fire, security, escape, and riot plans; and “(E) comply with any other regulations that the Marshals Service deems appropriate. “(3) The United States Marshals Service shall provide an opportunity for public comment on a contract under subsection (a)(3).”.

4. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330011 · 108 Stat. 1796

   Repealed · 18 U.S.C. § 4013

   Pub. L. 103–322, § 330011(o), repealed Pub. L. 101–647, § 3599. See 1990 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 330011(o), repealed Pub. L. 101–647, § 3599. See 1990 Amendment note below.

   Enacted provision · exact public law section
   SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS. (a) Incorrect Reference.— Section 2587(b) of Public Law 101–647 18 USC prec. 3041. is amended, effective as of the date on which that section took effect, by striking “The chapter heading for” and inserting “The chapter analysis for”. (b) Lack of Punctuation in Stricken Language.— Section 46(b) of the Criminal Law and Procedure Technical Amendments 18 USC 201 note. Act of 1986 is amended, effective as of the date on which that section took effect, so that— (A) in paragraph (1), the matter proposed to be stricken from the beginning of section 201(b) of title 18, United States Code, reads “(b) Whoever, directly”; and (B) in paragraph (2), a comma, rather than a semicolon, appears after “his lawful duty” in the matter to be stricken from paragraph (3) of section 201(b) of that title. (c) Biological Weapons.— (1) Section 3(b) of the Biological 18 USC 2516. Weapons Anti-Terrorism Act of 1989 is amended, effective as of the date on which that section took effect, by striking “2516(c)” and inserting “2516(l)(c)”. (2) The item in the part analysis for part I of title 18, United States Code, that relates to chapter 10 is amended by striking “Weapons” and inserting “weapons”. (d) Placement of New Section.— Section 404(a) of Public 18 USC 1169. Law 101–630 is amended, effective on the date such section took effect, by striking “adding at the end thereof” each place it appears and inserting “inserting after section 1169”. (e) Elimination of Erroneous Characterization of Matter Inserted.— Section 225(a) of Public Law 101–647 is amended, effective 18 USC 3509. as of the date on which that section took effect, by striking “new rule”. (f) Clarification of Placement of Amendment.— Section 1205(c) of Public Law 101–647 is amended, effective as of the 18 USC 402. date on which that section took effect, by inserting “at the end” after “adding”. (g) Elimination of Duplicate Amendment.— Section 1606 of Public Law 101–647 (amending section 1114 of title 18, United States Code) is repealed effective as of the date of enactment 18 USC 1114. of that section. (h) Error in Amendment Phrasing.— Section 3502 of Public Law 101–647 is amended, effective as of the date on which that 18 USC 3. section took effect, by striking “10” and inserting “ten”. (i) Clarification that Amendments Were to Title 18.— Sections 3524, 3525, and 3528 of Public Law 101–647 are each 18 USC 922–924. amended, effective as of the date on which those sections took effect, by inserting “of title 18, United States Code” before “is amended”. (j) Correction of Paragraph Reference.— Section 3527 of Public Law 101–647 is amended, effective as of the date on which 18 USC 924. that section took effect, by striking “4th” and inserting “5th”. (k) Repeal of Obsolete Technical Correction to Section 1345.— Section 3542 of Public Law 101–647 is repealed, effective 18 USC 1345. as of the date of its enactment. (l) Repeal of Obsolete Technical Correction to Section 1956.— Section 3557(2)(E) of Public Law 101–647 is repealed, effective 18 USC 1956. as of the date of its enactment. (m) Clarification of Placement of Amendments.— Public Law 101–647 is amended, effective as of the date of its enactment— (1) in section 3564(1) by inserting “each place it appears” 18 USC 2253. after the quotation mark following “2251” the first place it appears; and (2) in section 3565(3)(A) by inserting “each place it appears” 18 USC 2254. after the quotation mark following “subchapter”. (n) Correction of Word Quoted in Amendment.— Section 3586(1) of Public Law 101–647 is amended, effective as of the 18 USC prec. 3571. date on which that section took effect, by striking “fines” and inserting “fine”. (o) Elimination of Obsolete Technical Amendment to Section 4013.— Section 3599 of Public Law 101–647 is repealed, effective as of the 18 USC 4013. date of its enactment. (p) Correction of Directory Language.— Section 3550 of Public Law 101–647 is amended, effective as of the date on which 18 USC 1546. that section took effect, by striking “not more than”. (q) Repeal of Duplicate Provisions.— (1) Section 3568 of Public Law 101–647 is repealed, effective as of the date on which 18 USC 2516. that section took effect. (2) Section 1213 of Public Law 101–647 is repealed, effective 18 USC 3289. as of the date on which that section took effect. (r) Correction of Words Quoted in Amendment.— Section 2531(3) of Public Law 101–647 is amended, effective as of the 18 USC 2516. date on which that section took effect, by striking “1679(c)(2)” and inserting “1679a(c)(2)”. (s) Forfeiture.— (1) Section 1401 of Public Law 101–647 is 18 USC 982. amended, effective as of the date on which that section took effect— (A) by inserting a comma after “, 5316”; and (B) by inserting “the first place it appears” after the quotation mark following “5313(a). (2) Section 2525(a)(2) of Public Law 101–647 is amended, effective as of the date on which that section took effect, by striking “108(3)” and inserting “2508(3)”.

   Effective date note
   Pub. L. 103–322, title XXXIII, § 330011(o), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by section 330011(o) is effective Nov. 29, 1990.

5. 2000

   Pub. L. 106–294 § 3 · 114 Stat. 1038

   Added · 18 U.S.C. § 4013(c)

   Pub. L. 106–294 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–294 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS. Section 4013 of title 18, United States Code, is amended by adding at the end the following: “(c) Health Care Fees For Federal Prisoners In Non-Federal Institutions.— “(1) In general.— Notwithstanding amounts paid under subsection (a)(3), a State or local government may assess and collect a reasonable fee from the trust fund account (or institutional equivalent) of a Federal prisoner for health care services, if— “(A) the prisoner is confined in a non-Federal institution pursuant to an agreement between the Federal Government and the State or local government; “(B) the fee— “(i) is authorized under State law; and “(ii) does not exceed the amount collected from State or local prisoners for the same services; and “(C) the services— “(i) are provided within or outside of the institution by a person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license; “(ii) constitute a health care visit within the meaning of section 4048(a)(4) of this title; and “(iii) are not preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment. “(2) No Refusal of Treatment for Financial Reasons.— Nothing in this subsection may be construed to permit any refusal of treatment to a prisoner on the basis that— “(A) the account of the prisoner is insolvent; or “(B) the prisoner is otherwise unable to pay a fee assessed under this subsection. “(3) Notice to Prisoners of Law.— Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this subsection and the applicability of this subsection to the prisoner. Notwithstanding any other provision of this subsection, a fee under this section may not be assessed against, or collected from, such person— “(A) until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and “(B) for services provided before the expiration of such period. “(4) Notice to prisoners of state or local implementation.— Effective date. The implementation of this subsection by the State or local government, and any amendment to that implementation, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of that implementation (or amendment, as the case may be). A fee under this subsection may not be assessed against, or collected from, a prisoner pursuant to such implementation (or amendments, as the case may be) for services provided before the expiration of such period. “(5) Notice before public comment period.— Before the beginning of any period a proposed implementation under this subsection is open to public comment, written and oral notice of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed implementation. “(6) Comprehensive hiv/aids services required.— Any State or local government assessing or collecting a fee under this subsection shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the custody of such State or local government when medically appropriate. The State or local government may not assess or collect a fee under this subsection for providing such coverage.”.

6. 2002

   21st Century Department of Justice Appropriations Authorization Act

   Pub. L. 107–273 § 302(2)(A) · 116 Stat. 1758

   1. Substituted · 18 U.S.C. § 4013(a)

      Pub. L. 107–273, § 302(2)(A), in introductory provisions, substituted “Federal prisoner detention” for “the support of United States prisoners”

   2. Inserted · 18 U.S.C. § 4013(a)

      Pub. L. 107–273, § 302(2)(A), in introductory provisions, inserted “and” at end of par. (2)

   3. Substituted · 18 U.S.C. § 4013(a)

      Pub. L. 107–273, § 302(2)(A), in introductory provisions, substituted period for “; and” at end of par. (3), and in introductory provisions of par. (4)

   4. Inserted · 18 U.S.C. § 4013(a)

      Pub. L. 107–273, § 302(2)(A), in introductory provisions, inserted “The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law enforcement assistance, for” before “entering”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–273, § 302(2)(A), in introductory provisions, substituted “Federal prisoner detention” for “the support of United States prisoners”, inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and in introductory provisions of par. (4), inserted “The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law enforcement assistance, for” before “entering”.

   Enacted provision · exact public law section
   (A) in subsection (a)— (i) by replacing “the support of United States prisoners” with “Federal prisoner detention”; (ii) in paragraph (2) by adding “and” after “hire;”; (iii) in paragraph (3) by replacing “entities; and” with “entities.”; and (iv) in paragraph (4) by inserting “The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law enforcement assistance, for” before “entering”; and

7. 2002

   21st Century Department of Justice Appropriations Authorization Act

   Pub. L. 107–273 § 302(2)(B)(ii) · 116 Stat. 1758

   Redesignated · 18 U.S.C. § 4013(a)(4); 18 U.S.C. § 4013(a)(b)

   Pub. L. 107–273, § 302(2)(B)(ii), redesignated par. (4) of subsec. (a) as subsec. (b) and subpars. (A) to (C) as pars. (1) to (3), respectively. Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsecs. (a)(4), (b). Pub. L. 107–273, § 302(2)(B)(ii), redesignated par. (4) of subsec. (a) as subsec. (b) and subpars. (A) to (C) as pars. (1) to (3), respectively. Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (ii) paragraph (a)(4) as subsection (b), and subparagraphs (A), (B), and (C), of such paragraph (a)(4) as paragraphs (1), (2), and (3) of such subsection (b); and

8. 2002

   21st Century Department of Justice Appropriations Authorization Act

   Pub. L. 107–273 § 302(2)(B)(i) · 116 Stat. 1758

   Redesignated · 18 U.S.C. § 4013(c); 18 U.S.C. § 4013(d)

   Pub. L. 107–273, § 302(2)(B)(i), redesignated subsecs. (b) and (c) as (c) and (d), respectively

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 107–273, § 302(2)(B)(i), redesignated subsecs. (b) and (c) as (c) and (d), respectively.

   Enacted provision · exact public law section
   (i) subsections (b) and (c) as subsections (c) and (d); and

11 of 11 references resolved to an enrolled provision