US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3622]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                CHAPTER 229--POSTSENTENCE ADMINISTRATION
 
                       SUBCHAPTER C--IMPRISONMENT
 
Sec. 3622. Temporary release of a prisoner

    The Bureau of Prisons may release a prisoner from the place of his 
imprisonment for a limited period if such release appears to be 
consistent with the purpose for which the sentence was imposed and any 
pertinent policy statement issued by the Sentencing Commission pursuant 
to 28 U.S.C. 994(a)(2), if such release otherwise appears to be 
consistent with the public interest and if there is reasonable cause to 
believe that a prisoner will honor the trust to be imposed in him, by 
authorizing him, under prescribed conditions, to--
        (a) visit a designated place for a period not to exceed thirty 
    days, and then return to the same or another facility, for the 
    purpose of--
            (1) visiting a relative who is dying;
            (2) attending a funeral of a relative;
            (3) obtaining medical treatment not otherwise available;
            (4) contacting a prospective employer;
            (5) establishing or reestablishing family or community ties; 
        or
            (6) engaging in any other significant activity consistent 
        with the public interest;

        (b) participate in a training or educational program in the 
    community while continuing in official detention at the prison 
    facility; or
        (c) work at paid employment in the community while continuing in 
    official detention at the penal or correctional facility if--
            (1) the rates of pay and other conditions of employment will 
        not be less than those paid or provided for work of a similar 
        nature in the community; and
            (2) the prisoner agrees to pay to the Bureau such costs 
        incident to official detention as the Bureau finds appropriate 
        and reasonable under all the circumstances, such costs to be 
        collected by the Bureau and deposited in the Treasury to the 
        credit of the appropriation available for such costs at the time 
        such collections are made.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
2007.)


                            Prior Provisions

    For a prior section 3622, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3601 of this title.


                             Effective Date

    Section effective Nov. 1, 1987, and applicable only to offenses 
committed after the taking effect of this section, see section 235(a)(1) 
of Pub. L. 98-473, set out as a note under section 3551 of this title.

                    Ex. Ord. No. 11755. Prison Labor

    Ex. Ord. No. 11755, Dec. 29, 1973, 39 F.R. 779, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12943, Dec. 
13, 1994, 59 F.R. 64553, provided:
    The development of the occupational and educational skills of prison 
inmates is essential to their rehabilitation and to their ability to 
make an effective return to free society. Meaningful employment serves 
to develop those skills. It is also true, however, that care must be 
exercised to avoid either the exploitation of convict labor or any 
unfair competition between convict labor and free labor in the 
production of goods and services.
    Under sections 3621 and 3622 of title 18, United States Code, the 
Bureau of Prisons is empowered to authorize Federal prisoners to work at 
paid employment in the community during their terms of imprisonment 
under conditions that protect against both the exploitation of convict 
labor and unfair competition with free labor.
    Several states and other jurisdictions have similar laws or 
regulations under which individuals confined for violations of the laws 
of those places may be authorized to work at paid employment in the 
community.
    Executive Order No. 325A, which was originally issued by President 
Theodore Roosevelt in 1905, prohibits the employment, in the performance 
of Federal contracts, of any person who is serving a sentence of 
imprisonment at hard labor imposed by a court of a State, territory, or 
municipality.
    I have now determined that Executive Order No. 325A should be 
replaced with a new Executive Order which would permit the employment of 
non-Federal prison inmates in the performance of Federal contracts under 
terms and conditions that are comparable to those now applicable to 
inmates of Federal prisons.
    NOW, THEREFORE, pursuant to the authority vested in me as President 
of the United States, it is hereby ordered as follows:
    Section 1. (a) All contracts involving the use of appropriated funds 
which shall hereafter be entered into by any department or agency of the 
executive branch for performance in any State, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust 
Territory of the Pacific Islands shall, unless otherwise provided by 
law, contain a stipulation forbidding in the performance of such 
contracts, the employment of persons undergoing sentences of 
imprisonment which have been imposed by any court of a State, the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, or the Trust Territory of the Pacific Islands. This limitation, 
however, shall not prohibit the employment by a contractor in the 
performance of such contracts of persons on parole or probation to work 
at paid employment during the term of their sentence or persons who have 
been pardoned or who have served their terms. Nor shall it prohibit the 
employment by a contractor in the performance of such contracts of 
persons confined for violation of the laws of any of the States, the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, or the Trust Territory of the Pacific Islands who are 
authorized to work at paid employment in the community under the laws of 
such jurisdiction, if
    (1)(A) The worker is paid or is in an approved work training program 
on a voluntary basis;
    (B) Representatives of local union central bodies or similar labor 
union organizations have been consulted;
    (C) Such paid employment will not result in the displacement of 
employed workers, or be applied in skills, crafts, or trades in which 
there is a surplus of available gainful labor in the locality, or impair 
existing contracts for services; and
    (D) The rates of pay and other conditions of employment will not be 
less than those paid or provided for work of a similar nature in the 
locality in which the work is being performed; and
    (2) The Attorney General has certified that the work-release laws or 
regulations of the jurisdiction involved are in conformity with the 
requirements of this order.
    (b) After notice and opportunity for hearing, the Attorney General 
shall revoke any such certification under section 1(a)(2) if he finds 
that the work-release program of the jurisdiction involved is not being 
conducted in conformity with the requirements of this order or with its 
intent or purposes.
    (c) The provisions of this order do not apply to purchases made 
under the micropurchase authority contained in section 32 of the Office 
of Federal Procurement Policy Act, as amended [41 U.S.C. 428].
    Sec. 2. The Federal Procurement Regulations, the Armed Services 
Procurement Regulations, and to the extent necessary, any supplemental 
or comparable regulations issued by any agency of the executive branch 
shall be revised to reflect the policy prescribed by this order.
    Sec. 3. Executive Order No. 325A is hereby superseded.
    Sec. 4. This order shall be effective as of January 1, 1974.

                  Section Referred to in Other Sections

    This section is referred to in title 28 section 994.