,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hjjh ,,in ,,the ,,house ,,of ,,representatives ,august #aa1 #bjbj,mr4 ,grijalva 7for himself1 ,mr4 ,rush1 ,mr4 ,serrano1 ,mrs4 ,napolitano1 ,ms4 ,schakowsky1 ,mr4 ,mc,govern1 ,ms4 ,lee of ,california1 ,mr4 ,blumenauer1 ,ms4 ,meng1 ,mr4 ,gallego1 ,mr4 ,welch1 ,ms4 ,norton1 ,mr4 ,garca of ,illinois1 ,mr4 ,johnson of ,georgia1 ,mr4 ,kennedy1 ,mr4 ,espaillat1 ,ms4 ,velzquez1 ,mr4 ,carson of ,indiana1 and ,mr4 ,vargas7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,energy and ,commerce1 ,financial ,services1 and ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 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 centers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice is ,not ,for ,sale ,act of #bjbj4 #b4 ,definitions ,in this ,act-- 7#a7 the term core correctional services means the housing1 transporting1 safeguarding1 protecting1 and disciplining of individuals-- 7,a7 charged with or convicted of an offense2 or 7,b7 who are in custody for purposes of enforcing the immigration laws1 as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 7#b7 the term local government means a city1 county1 township1 town1 borough1 parish1 village1 or other general purpose political subdivision of a ,state2 7#c7 the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or another commonwealth1 territory1 or possession of the ,united ,states2 and 7#d7 the term facility housing adult prisoners or detainees in the custody of a ,state or local government includes for-profit civil commitment centers1 return to custody units1 community corrections and treatment centers1 halfway houses and re-entry programs1 restitution or day reporting centers1 transitional centers1 mental health facilities1 or other facilities or programs that are under contract with a government entity to provide custody1 control1 supervision1 treatment1 and rehabilitation of prisoners or detainees4 #c4 ,elimination of ,federal contracts for privately run prisons within #b years 7a7 ,operational control ,except as provided in subsection 7b71 not later than #b years after the date of enactment of this ,act-- 7#a7 each facility housing adult prisoners or detainees in the custody of the ,federal ,government shall be under the direct1 operational control of the ,federal ,government2 and 7#b7 core correctional services at each such facility shall be performed by employees of the ,federal ,government4 7b7 ,waiver authorized ,if the ,attorney ,general determines that the ,federal ,government is unable to comply with subsection 7a7 by the date that is #b years after the date of enactment of this ,act1 the ,attorney ,general may waive the application of subsection 7a7 for not more than #a year4 7c7 ,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 monitoring4 #d4 ,prohibition on private for-profit entities running ,state and local prisons or detention alternatives after #b years 7a7 ,operational control ,except as provided in subsection 7b71 on and after the date that is #b years after the date of enactment of this ,act-- 7#a7 no private for-profit entity engaged in or affecting interstate commerce shall own or have direct1 operational control over a facility housing adult prisoners or detainees in the custody of the ,state or local government2 and 7#b7 no private for-profit entity engaged in or affecting interstate commerce shall perform core correctional services at such a facility4 7b7 ,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 7a7 after the date that is #b years after the date of enactment of this ,act1 the ,attorney ,general may waive the application of subsection 7a7 as to that private for-profit entity for not more than #a year4 7c7 ,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 government4 7d7 ,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 section4 #e4 ,,cfpb oversight of providers of money transfer services for correctional and immigration detention facilities 7a7 ,definitions ,in this section-- 7#a7 the term ,bureau means the ,bureau of ,consumer ,financial ,protection2 7#b7 the term correctional facility means a jail1 prison1 or other detention facility used to house people who have been arrested1 detained1 held1 or convicted by a criminal justice agency or a court2 7#c7 the term covered inmate means-- 7,a7 an individual who is being held1 detained1 or incarcerated in a correctional facility2 and 7,b7 an individual who is being held in an immigration detention facility2 7#d7 the term covered provider means a provider of a service1 including a money transfer service1 that-- 7,a7 facilitates the electronic transfer of funds from an individual who is not a covered inmate to a covered inmate2 7,b7 provides a payment to a covered inmate who is being released from a correctional facility or an immigration detention facility2 or 7,c7 provides a payment on behalf of a covered inmate2 and 7#e7 the term immigration detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,department of ,homeland ,security4 7b7 ,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 7,a71 7,b71 or 7,c7 of subsection 7a77#d7 shall be reasonable and proportional to the relative cost or value of the service4 7c7 ,requirement ,to issue regulations 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,bureau shall issue final rules to establish standards for assessing whether the amount of any fee or charge described in subsection 7b7 is reasonable and proportional to the relative cost or value of the service provided by a covered provider4 7#b7 ,considerations ,in issuing the final rules under paragraph 7#a71 the ,bureau shall consider-- 7,a7 whether there are alternative means for transferring funds into correctional facilities and immigration detention facilities2 7,b7 whether those alternatives can reasonably be considered comparable2 7,c7 differing cost structures for transferring funds into correctional facilities and immigration detention facilities2 and 7,d7 such other factors as the ,bureau may determine necessary or appropriate4 7#c7 ,differentiation permitted ,in issuing the final rules under paragraph 7#a71 the ,bureau may establish different standards for different types of fees and charges1 as appropriate4 #f4 ,requirements for confinement facility communications services 7a7 ,in general ,section #bgf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bgf7 is amended by adding at the end the following3 7e7 ,additional requirements for confinement facility communications services 7#a7 ,authority 7,a7 ,in general ,all charges1 practices1 classifications1 and regulations for and in connection with confinement facility communications services shall be just and reasonable1 and any such charge1 practice1 classification1 or regulation that is unjust or unreasonable is declared to be unlawful4 7,b7 ,rulemaking required ,not later than #ah months after the date of the enactment of this subsection1 the ,commission shall issue rules to adopt1 for the provision of confinement facility communications services1 rates and ancillary service charges that are just and reasonable1 which shall be the maximum such rates and charges that a provider of confinement facility communications services may charge for such services4 ,in determining rates and charges that are just and reasonable1 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 services4 7,c7 ,biennial review ,not less frequently than every #b years following the issuance of rules under subparagraph 7,b71 the ,commission shall-- 7i7 determine whether the rates and ancillary service charges authorized by the rules issued under such subparagraph remain just and reasonable2 and 7ii7 if the ,commission determines under clause 7i7 that any such rate or charge does not remain just and reasonable1 revise such rules so that such rate or charge is just and reasonable4 7#b7 ,interim rate caps ,until the ,commission issues the rules required by paragraph 7#a77;,b71 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 following3 7,a7 ,for debit calling or prepaid calling1 #j4jd per minute4 7,b7 ,for collect calling1 #j4je per minute4 7#c7 ,assessment on per-minute basis ,except as provided in paragraph 7#d71 a provider of confinement facility communications services-- 7,a7 shall assess all charges for a communication using such services on a per-minute basis for the actual duration of the communication1 measured from communication acceptance to termination1 rounded up to the next full minute1 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 subsection2 and 7,b7 may not charge a per-communication or per-connection charge for a communication using such services4 7#d7 ,ancillary service charges 7,a7 ,general prohibition ,a provider of confinement facility communications services may not charge an ancillary service charge other than-- 7i7 if the ,commission has not yet issued the rules required by paragraph 7#a77;,b71 a charge listed in subparagraph 7,b7 of this paragraph2 or 7ii7 a charge authorized by the rules adopted by the ,commission under paragraph 7#a74 7,b7 ,permitted charges and rates ,if the ,commission has not yet issued the rules required by paragraph 7#a77;,b71 a provider of confinement facility communications services may not charge a rate for an ancillary service charge in excess of the following3 7i7 ,in the case of an automated payment fee1 #b4i percent of the total charge on which the fee is assessed4 7ii7 ,in the case of a fee for single-call and related services1 the exact transaction fee charged by the third-party provider1 with no markup4 7iii7 ,in the case of a live agent fee1 #e4ie per use4 7iv7 ,in the case of a paper bill or statement fee1 #b per use4 7v7 ,in the case of a third-party financial transaction fee1 the exact fee1 with no markup1 charged by the third party for the transaction4 7#e7 ,prohibition on site commissions ,a provider of confinement facility communications services may not assess a site commission4 7#f7 ,relationship to ,state law ,a ,state or political subdivision of a ,state may not enforce any law1 rule1 regulation1 standard1 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 services4 7#g7 ,definitions ,in this subsection3 7,a7 ,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 communications4 7,b7 ,automated payment fee ,the term automated payment fee means a credit card payment1 debit card payment1 or bill processing fee1 including a fee for a payment made by means of interactive voice response1 the internet1 or a kiosk4 7,c7 ,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 facility4 7,d7 ,confinement facility ,the term confinement facility-- 7i7 means a jail or a prison2 and 7ii7 includes any juvenile1 detention1 work release1 or mental health facility that is used primarily to hold individuals who are-- 7,i7 awaiting adjudication of criminal charges or an immigration matter2 or 7,,ii7 serving a sentence for a criminal conviction4 7,e7 ,confinement facility communications service ,the term confinement facility communications service means a service that allows incarcerated persons to make electronic communications 7whether intrastate1 interstate1 or international and whether made using video1 audio1 or any other communicative method1 including advanced communications services7 to individuals outside the confinement facility1 or to individuals inside the confinement facility1 where the incarcerated person is being held1 regardless of the technology used to deliver the service4 7,f7 ,consumer ,the term consumer means the party paying a provider of confinement facility communications services4 7,g7 ,debit calling ,the term debit calling means a presubscription or comparable service which allows an incarcerated person1 or someone acting on an incarcerated person's behalf1 to fund an account set up through a provider that can be used to pay for confinement facility communications services originated by the incarcerated person4 7,h7 ,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 basis1 where the recipient does not have an account with the provider of confinement facility communications services4 7,i7 ,incarcerated person ,the term incarcerated person means a person detained at a confinement facility1 regardless of the duration of the detention4 7,j7 ,jail ,the term jail-- 7i7 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-- 7,i7 awaiting adjudication of criminal charges2 7,,ii7 post-conviction and committed to confinement for sentences of one year or less2 or 7,,iii7 post-conviction and awaiting transfer to another facility2 and 7ii7 includes-- 7,i7 city1 county1 or regional facilities that have contracted with a private company to manage day-to-day operations2 7,,ii7 privately-owned and operated facilities primarily engaged in housing city1 county1 or regional incarcerated persons2 and 7,,iii7 facilities used to detain individuals pursuant to a contract with ,u4,s4 ,immigration and ,customs ,enforcement4 7,k7 ,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 transaction4 7,l7 ,paper bill or statement fee ,the term paper bill or statement fee means a fee associated with providing a consumer an optional paper billing statement4 7,m7 ,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 communication4 7,n7 ,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 services4 7,o7 ,prison ,the term prison-- 7i7 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 year2 and 7ii7 includes-- 7,i7 public and private facilities that provide outsource housing to ,state or ,federal agencies such as ,state ,departments of ,correction and the ,federal ,bureau of ,prisons2 and 7,,ii7 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 year4 7,p7 ,provider of confinement facility communications services ,the term provider of confinement facility communications services means any communications service provider that provides confinement facility communications services1 regardless of the technology used4 7,q7 ,site commission ,the term site commission means any monetary payment1 in-kind payment1 gift1 exchange of services or goods1 fee1 technology allowance1 or product that a provider of confinement facility communications services or an affiliate of a provider of confinement facility communications services may pay1 give1 donate1 or otherwise provide to-- 7i7 an entity that operates a confinement facility2 7ii7 an entity with which the provider of confinement facility communications services enters into an agreement to provide confinement facility communications services2 7iii7 a governmental agency that oversees a confinement facility2 7iv7 the ,state or political subdivision of a ,state where a confinement facility is located2 or 7v7 an agent or other representative of an entity described in any of clauses 7i7 through 7iv74 7,r7 ,third-party financial transaction fee ,the term third-party financial transaction fee means the exact fee1 with no markup1 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 party4 7,s7 ,voice service ,the term voice service-- 7i7 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 #bea7;e77#a72 and 7ii7 includes-- 7,i7 transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine2 and 7,,ii7 without limitation1 any service that enables real-time1 two-way voice communications1 including any service that requires internet protocol-compatible customer premises equipment 7commonly known as ,,cpe7 and permits out-bound calling1 whether or not the service is one-way or two-way voice over internet protocol4 4 7b7 ,conforming amendment ,section #bgf7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bgf7;d77 is amended by striking inmate telephone service in correctional institutions and inserting confinement facility communications services 7as defined in subsection 7e77#g774 7c7 ,existing contracts 7#a7 ,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-- 7,a7 paragraphs 7#a7 through 7#e7 of subsection 7e7 of section #bgf of the ,communications ,act of #aicd1 as added by subsection 7a7 of this section1 shall apply to the provision of confinement facility communications services by such provider at such facility beginning on the earlier of-- 7i7 the date that is #fj days after such date of enactment2 or 7ii7 the date of the termination of the contract2 and 7,b7 the terms of such contract may not be extended after such date of enactment1 whether by exercise of an option or otherwise4 7#b7 ,definitions ,in this subsection1 the terms confinement facility1 confinement facility communications service1 and provider of confinement facility communications services have the meanings given such terms in paragraph 7#g7 of subsection 7e7 of section #bgf of the ,communications ,act of #aicd1 as added by subsection 7a7 of this section4 7d7 ,authority ,section #b7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aeb7;b77 is amended by inserting section #bgf1 after #bbg1 inclusive14 #g4 ,oversight of detention facilities 7a7 ,definitions ,in this section3 7#a7 ,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 ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,department of ,homeland ,security4 7b7 ,detention requirements ,the ,secretary of ,homeland ,security shall ensure that all persons detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 are treated humanely and benefit from the protections set forth in this section4 7c7 ,oversight requirements 7#a7 ,annual inspection ,all detention facilities housing noncitizens in the custody of the ,department of ,homeland ,security shall be inspected1 for compliance with applicable detention standards issued by the ,secretary and other applicable regulations1 by-- 7,a7 the ,immigration ,detention ,ombudsman at least biannually2 and 7,b7 an independent1 third-party auditor at least biannually4 7#b7 ,routine oversight ,in addition to the inspections required under paragraph 7#a71 the ,secretary shall conduct routine oversight of the detention facilities described in paragraph 7#a71 including unannounced inspections4 7#c7 ,availability of records ,all detention facility contracts1 memoranda of agreement1 audits1 inspections1 evaluations and reviews1 include those conducted by the ,office for ,civil ,rights and ,civil ,liberties and the ,office of ,inspector ,general of the ,department of ,homeland ,security1 shall be considered records for purposes of section #eeb7;f77#b7 of title #e1 ,united ,states ,code4 7#d7 ,consultation ,the ,secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities4 7#e7 ,report of ,immigration ,detention ,ombudsman ,the ,immigration ,detention ,ombudsman shall submit a report to ,congress on a bi-annual basis on its activities1 findings1 and recommendations1 based on the inspections conducted under paragraph 7#a71 including a copy of any complaint form or mechanism created1 the number and types of complaints received1 the number of complaints investigated1 and the number of inspections under paragraph 7#a7 that the ,ombudsman conducted during the previous #f-month period1 including any unannounced inspections4 7d7 ,compliance mechanisms 7#a7 ,agreements 7,a7 ,new agreements ,compliance with applicable standards of the ,secretary of ,homeland ,security and all applicable regulations1 and meaningful financial penalties for failure to comply1 shall be a material term in any new contract1 memorandum of agreement1 or any renegotiation1 modification1 or renewal of an existing contract or agreement1 including fee negotiations1 executed with detention facilities4 7,b7 ,existing agreements ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated1 renewed1 or otherwise modified4 7,c7 ,cancellation of agreements ,unless the ,secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith1 contracts or agreements with detention facilities that are not modified within #a year of the date of the enactment of this ,act will be cancelled4 7,d7 ,provision of information ,in making modifications under this paragraph1 the ,secretary shall require that detention facilities provide to the ,secretary all contracts1 memoranda of agreement1 evaluations1 and reviews regarding the facility on a regular basis4 ,the ,secretary shall make these materials publicly available on a timely and regular basis4 7#b7 ,financial penalties 7,a7 ,requirement to impose ,subject to subparagraph 7,c71 the ,secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards issued by the ,secretary and other applicable regulations4 7,b7 ,timing of imposition ,financial penalties imposed under subparagraph 7,a7 shall be imposed immediately after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation4 7,c7 ,waiver ,the requirements of subparagraph 7,a7 may be waived if the facility corrects the noted deficiencies and receives an adequate score in not more than #ij days4 7,d7 ,multiple offenders ,if the ,secretary determines that a facility has been persistently and substantially violating the detention standards issued by the ,secretary1 including by scoring less than adequate or the equivalent median score in #b consecutive inspections-- 7i7 the ,secretary shall terminate contracts or agreements with such facilities within #fj days2 or 7ii7 in the case of facilities operated by the ,secretary1 the ,secretary shall close such facilities within #ij days4 7e7 ,reporting requirements 7#a7 ,objectives ,not later than ,june #cj of each year1 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 facilities4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 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 regulations2 7,b7 a description of the actions taken by the ,department to remedy any findings of noncompliance or other identified problems1 including financial penalties1 contract or agreement termination1 or facility closure2 and 7,c7 information regarding whether the actions described in subparagraph 7,b7 resulted in compliance with applicable detention standards and regulations4 #h4 ,replacement of family detention with alternatives ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,prohibition on detention of families 7#a7 ,prohibition ,notwithstanding any other provision of this ,act1 the ,secretary of ,homeland ,security is prohibited from-- 7,a7 detaining a family unit under the authority of this section2 or 7,b7 separating a family unit whose members were apprehended together in order to detain a family member under this section4 7#b7 ,alternatives to detention 7,a7 ,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 7#a74 7,b7 ,prohibition on certain alternatives ,the ,secretary may not use an ankle-worn or other ,,gps tracking device as an alternative to detention under this paragraph4 4 #i4 ,private right of action 7a7 ,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 ,states4 7b7 ,relief ,for a prevailing plaintiff in a civil action brought under subsection 7a71 the court-- 7#a7 shall award damages in the amount equal to the greater of-- 7,a7 the actual damages of the plaintiff2 or 7,b7 #a1jjj for each violation of this ,act or an amendment made by this ,act2 7#b7 may order injunctive relief2 and 7#c7 shall award reasonable attorney fees4