                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                     PART III--PRISONS AND PRISONERS
 
                     CHAPTER 301--GENERAL PROVISIONS
 
Sec. 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.

    (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).
    (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.--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.

(Added Pub. L. 100-690, title VII, Sec. 7608(d)(1), Nov. 18, 1988, 102 
Stat. 4516; amended Pub. L. 101-647, title XVII, Sec. 1701, title XXXV, 
Sec. 3599, Nov. 29, 1990, 104 Stat. 4843, 4931; Pub. L. 103-322, title 
XXXIII, Sec. 330011(o), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 106-294, 
Sec. 3, Oct. 12, 2000, 114 Stat. 1040.)


                               Amendments

    2000--Subsec. (c). Pub. L. 106-294 added subsec. (c).
    1994--Pub. L. 103-322, Sec. 330011(o), repealed Pub. L. 101-647, 
Sec. 3599. See 1990 Amendment note below.
    1990--Subsec. (a). Pub. L. 101-647, Sec. 3599, which struck out 
``(a)'' at beginning of text, was repealed by Pub. L. 103-322, 
Sec. 330011(o).
    Subsec. (b). Pub. L. 101-647, Sec. 1701, added subsec. (b).


                    Effective Date of 1994 Amendment

    Section 330011(o) of Pub. L. 103-322 provided that the amendment 
made by that section is effective Nov. 29, 1990.


                    Contracts for Space or Facilities

    Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 118, formerly 
Sec. 119], Dec. 21, 2000, 114 Stat. 2762, 2762A-69; renumbered Sec. 118, 
Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(2)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-179, provided that: ``Notwithstanding any other 
provision of law, including section 4(d) of the Service Contract Act of 
1965 (41 U.S.C. 353(d)), the Attorney General hereafter may enter into 
contracts and other agreements, of any reasonable duration, for 
detention or incarceration space or facilities, including related 
services, on any reasonable basis.''


  Justice Prisoner and Alien Transportation System Fund, United States 
                            Marshals Service

    Pub. L. 106-553, Sec. 1(a)(2) [title I], Dec. 21, 2000, 114 Stat. 
2762, 2762A-55, provided in part that: ``Beginning in fiscal year 2000 
and thereafter, payment shall be made from the Justice Prisoner and 
Alien Transportation System Fund for necessary expenses related to the 
scheduling and transportation of United States prisoners and illegal and 
criminal aliens in the custody of the United States Marshals Service, as 
authorized in 18 U.S.C. 4013, including, without limitation, salaries 
and expenses, operations, and the acquisition, lease, and maintenance of 
aircraft and support facilities: Provided, That the Fund shall be 
reimbursed or credited with advance payments from amounts available to 
the Department of Justice, other Federal agencies, and other sources at 
rates that will recover the expenses of Fund operations, including, 
without limitation, accrual of annual leave and depreciation of plant 
and equipment of the Fund: Provided further, That proceeds from the 
disposal of Fund aircraft shall be credited to the Fund: Provided 
further, That amounts in the Fund shall be available without fiscal year 
limitation, and may be used for operating equipment lease agreements 
that do not exceed 10 years.''
    Similar provisions were contained in the following prior 
appropriations act:
    Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I], Nov. 29, 1999, 
113 Stat. 1535, 1501A-7.
    Pub. L. 105-277, div. A, Sec. 101(b) [title I], Oct. 21, 1998, 112 
Stat. 2681-50, 2681-54, provided that: ``There is hereby established a 
Justice Prisoner and Alien Transportation System Fund for the payment of 
necessary expenses related to the scheduling and transportation of 
United States prisoners and illegal and criminal aliens in the custody 
of the United States Marshals Service, as authorized in 18 U.S.C. 4013, 
including, without limitation, salaries and expenses, operations, and 
the acquisition, lease, and maintenance of aircraft and support 
facilities: Provided, That the Fund shall be reimbursed or credited with 
advance payments from amounts available to the Department of Justice, 
other Federal agencies, and other sources at rates that will recover the 
expenses of Fund operations, including, without limitation, accrual of 
annual leave and depreciation of plant and equipment of the Fund: 
Provided further, That proceeds from the disposal of Fund aircraft shall 
be credited to the Fund: Provided further, That amounts in the Fund 
shall be available without fiscal year limitation, and may be used for 
operating equipment lease agreements that do not exceed 5 years.''

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 13711.
