[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 41 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 41
To require a 50-hour workweek for Federal prison inmates, to reform
inmate work programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 6, 2009
Mr. Ensign introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require a 50-hour workweek for Federal prison inmates, to reform
inmate work programs, 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 ``Prisoner Opportunity, Work, and
Education Requirement Act'' or the ``POWER Act''.
SEC. 2. MANDATORY WORK REQUIREMENT FOR FEDERAL INMATES.
Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note)
is amended by adding at the end the following:
``(b) 50-Hour Workweek.--
``(1) In general.--Subject to subsection (a), inmates
confined in Federal prisons shall engage in--
``(A) work, for not less than 50 hours weekly;
``(B) job training; and
``(C) educational and life skills preparation
study.
``(2) Subcontracting to federal government contractors.--
Federal Prison Industries will utilize inmates in labor-
intensive, light manufacturing activities through
subcontracting with private sector prime contractors.
``(3) Use of wages.--
``(A) In general.--Wages may be earned by inmates
engaged in the 50-hour workweek program under paragraph
(1), and of those wages--
``(i) one-fourth shall be used to offset
the cost of incarceration of the inmate;
``(ii) one-fourth shall be used for victim
restitution;
``(iii) one-tenth shall be held in a
noninterest bearing account for the individual
inmate and shall be paid upon release of that
inmate from prison;
``(iv) one-fourth shall be paid directly to
the inmate for mandatory expenses and for daily
basic needs while the inmate is incarcerated,
unless such inmate has any outstanding child
support obligations, in which case, such money
shall be paid in accordance with the directives
of the court having jurisdiction over the
outstanding child support obligations; and
``(v) the remainder shall be distributed
to--
``(I) States that the Attorney
General determines have substantially
the same prison work requirements and
prison conditions as established for
Federal prisons; and
``(II) local jurisdictions that
operate correctional facilities to
benefit the dependents of inmates.
``(B) Noneligibility for release.--If an inmate is
not eligible for release, the amount held under
subparagraph (A)(iii) shall immediately be available
for use under subparagraph (A)(ii).''.
SEC. 3. FEDERAL PRISON INDUSTRIES REAUTHORIZATION.
(a) Repeal.--Section 637 of division F of the Consolidated
Appropriations Act of 2004 (Public Law 108-199; 118 Stat. 3, 384),
section 637 of division H of the Consolidated Appropriations Act of
2005 (Public Law 108-447; 118 Stat. 2809, 3281), section 214 of
division B of the Consolidated Appropriations Act of 2008 (Public Law
110-161), and section 2410n of title 10, United States Code, are
repealed.
(b) Effective.--Chapter 307 of title 18, United States Code, shall
remain in full force and effect.
SEC. 4. AUTHORITY TO CARRY OUT PILOT PROJECTS USING FEDERAL INMATE
LABOR TO REPLACE FOREIGN LABOR.
(a) Foreign Labor Substitute Pilot Projects Authorized.--Section
1761 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``This chapter'' and
inserting ``This section'';
(2) in subsection (c), by striking ``this chapter'' and
inserting ``this section'';
(3) by redesignating subsection (d) as subsection (f); and
(4) by adding after subsection (c) the following new
subsections:
``(d) This section shall not apply to goods, wares, or merchandise
manufactured, produced, or mined by convicts or prisoners who are
participating in industrial operations of Federal Prison Industries,
including operations in any pilot program or programs described in
section 4130 of this title.
``(e) This section shall not apply to goods, wares, or merchandise
manufactured, produced, or mined by convicts or prisoners who are
participating in any pilot project approved as a foreign labor
substitute by the Foreign Labor Substitute Panel established under
section 1762.''.
(b) Foreign Labor Substitute Panel.--
(1) In general.--Section 1762 of title 18, United States
Code, is amended to read as follows:
``Sec. 1762. Foreign Labor Substitute Panel
``(a) The Attorney General shall establish a panel to be known as
the Foreign Labor Substitute Panel (in this section referred to as the
`Panel').
``(b) The Panel shall be composed of 8 members, each of whom shall
serve at the pleasure of the Attorney General, and who shall be
appointed by the Attorney General as follows:
``(1) 1 member who shall be an officer, employee, or other
representative of the Department of Commerce.
``(2) 1 member who shall be an officer, employee, or other
representative of the Department of Labor.
``(3) 1 member who shall be an officer, employee, or other
representative of the International Trade Commission.
``(4) 1 member who shall be an officer, employee, or other
representative of the Small Business Administration.
``(5) 2 members, each of whom shall be an officer,
employee, or other representative of the business community.
``(6) 2 members, each of whom shall be an officer,
employee, or other representative of organized labor.
``(c)(1) Members of the Panel shall not receive pay, allowances, or
benefits by reason of their service on the Panel.
``(2) Each member shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(d) The Panel shall review proposals for pilot projects submitted
to the Panel. For each proposal reviewed, the Panel shall approve the
pilot project as a foreign labor substitute if, and only if, the Panel
determines that the pilot project specified in the proposal satisfies
each of the following requirements:
``(1) The pilot project is to be carried out by 1 or more
private United States companies.
``(2) The goods, wares, or merchandise proposed to be
manufactured, produced, or mined wholly or in part by Federal
convicts or prisoners under the pilot project would otherwise
be manufactured, produced, or mined by foreign labor.
``(e) Any determination of the Panel under subsection (d) shall be
made available to the public upon request.''.
(2) Chapter analysis.--The item relating to section 1762 in
the chapter analysis for chapter 85 of title 18, United States
Code, is amended to read as follows:
``1762. Foreign Labor Substitute Panel.''.
SEC. 5. RESTATEMENT AND IMPROVEMENT OF FEDERAL PRISON INDUSTRIES
PROGRAM.
(a) In General.--Sections 4121, 4122, and 4123 of title 18, United
States Code, are amended to read as follows:
``Sec. 4121. Federal Prison Industries: status, mission, and management
``(a) Status.--Federal Prison Industries is a Government
corporation. The headquarters of the corporation is in the District of
Columbia.
``(b) Mission.--The mission of Federal Prison Industries is to
carry out industrial operations in accordance with this chapter using
eligible inmate workers.
``(c) Board of Directors.--
``(1) In general.--Federal Prison Industries shall be
administered by a board of 6 directors, appointed by the
President to serve at the will of the President without
compensation.
``(2) Representation.--The directors shall be
representatives of 1 of the following:
``(A) Industry.
``(B) Labor.
``(C) Agriculture.
``(D) Retailers and consumers.
``(E) The Secretary of Defense.
``(F) The Attorney General.
``Sec. 4122. Federal Prison Industries: operating objectives,
standards, and requirements
``(a) Operating Objectives.--Federal Prison Industries shall carry
out its industrial operations so as to achieve each of the following
objectives:
``(1) To increase public safety by reducing the rate of
recidivism by providing as many inmates as possible with an
opportunity to gain meaningful employment and vocational skills
and improve their chances of becoming productive and law-
abiding citizens after release from prison.
``(2) To minimize any adverse effects of the operations on
domestic companies or workers.
``(3) To provide meaningful employment and vocational
training for not less than 25 percent of eligible inmate
workers.
``(4) To provide inmate workers with a source of income
with which they may facilitate their ability to contribute to
the discharge of their financial obligations.
``(5) To generate sufficient revenue to fund those
operations.
``(6) To provide products and services that are market
quality and competitively priced.
``(b) Performance Standards.--Federal Prison Industries shall carry
out its industrial operations in compliance with the following
standards, as applicable to correctional industry programs:
``(1) Federal standards.
``(2) American Correctional Association standards.
``(3) International Labor Organization conventions to which
the United States is a signatory party.
``(c) Voluntariness.--Federal Prison Industries shall carry out its
industrial operations only with inmate workers who participate in those
operations voluntarily.
``(d) Wage Rates.--Unless otherwise provided by law, each inmate
worker participating in the industrial operations of Federal Prison
Industries shall be paid at a wage rate prescribed by the Board of
Directors of Federal Prison Industries.
``(e) Protection of Certain Information.--Federal Prison Industries
shall carry out its industrial operations so as to ensure that, in the
production of a product or the performance of a service, inmate workers
do not have access to--
``(1) personal or financial information about any citizen
of the United States without prior notice of the access being
provided to that citizen, including information relating to the
citizen's real property, however described, unless that
information is publicly available; or
``(2) information that is classified in the national
security or foreign policy interests of the United States.
``(f) Vocational Training.--At the end of each fiscal year, Federal
Prison Industries shall, if the Board of Directors determines that it
is financially feasible to do so, contribute not less than 20 percent
of its net profits for that fiscal year to provide for the vocational
training of inmates without regard to their industrial or other
assignments.
``(g) Exemption From Public Contracting and Procurement Laws.--
Federal Prison Industries is exempt from all laws and regulations
governing public contracting and the procurement of property or
services by an agency of the Federal Government.
``(h) Liability.--The sole remedy for injury, death, or loss
resulting from negligence in the design or production of a product, or
in the performance of a service, by Federal Prison Industries shall be
as follows:
``(1) In the case of a person suffering an injury, death,
or loss in the performance of duties as an employee of the
United States, chapter 81 of title 5, relating to compensation
for work-related injuries.
``(2) In all other cases, chapter 171 of title 28, relating
to tort claims.
``Sec. 4123. Federal Prison Industries: transactions authorized
``(a) Sales of Certain Commodities.--Federal Prison Industries may
carry out a program to manufacture commodities specified in section
1761(b).
``(b) Participation in Foreign Labor Substitute Pilot Projects.--
Subject to the requirements in subsection (e), Federal Prison
Industries may make available inmate workers for participation in a
pilot project approved as a foreign labor substitute by the Foreign
Labor Substitute Panel, as referred to in section 1761(e).
``(c) Participation in BJA Pilot Projects.--
``(1) In general.--Subject to the requirements in
subsection (e), Federal Prison Industries may make available
inmate workers for participation in a pilot project designated
by the Director of the Bureau of Justice Assistance, as
referred to in section 1761(c).
``(2) Wage rate.--Each inmate worker participating in a
pilot project specified in paragraph (1) shall be paid at a
wage rate that complies with section 1761(c).
``(d) Requirements for Contracts With Private Companies.--In making
available inmate workers for participation in a pilot project under
subsection (c) or (d), Federal Prison Industries shall comply with the
following requirements:
``(1) The inmate workers shall be made available through a
contract between Federal Prison Industries and a private United
States company.
``(2) The contract shall--
``(A) require that the labor performed by the
inmate workers shall be carried out at a Federal Prison
Industries facility;
``(B) include a provision that prohibits the
company from displacing any of that company's existing
domestic workers as a direct result of the contract
with Federal Prison Industries; and
``(C) provide that any workforce reductions carried
out by the company affecting employees performing work
comparable to the work performed pursuant to the
contract shall first apply to inmate workers employed
pursuant to the contract.
``(e) Goals for Certain Businesses.--Federal Prison Industries
shall, in consultation with the Small Business Administration,
establish and strive to meet or exceed realistic goals for entering
into contracts with one or more of the following:
``(1) A business concern that meets the applicable size
standards prescribed pursuant to section 3(a) of the Small
Business Act (15 U.S.C. 632(a)).
``(2) A small business concern owned and controlled by
socially and economically disadvantaged individuals, as that
term is defined in section 8(d)(3)(C) of the Small Business Act
(15 U.S.C. 637(d)(3)(C)).
``(f) Job Opportunities for Blind and Severely Disabled
Individuals.--Federal Prison Industries shall establish business
partnerships with organizations representing domestic workers who are
blind or severely disabled, for the purpose of entering into contracts
with private United States companies that would create job
opportunities both for blind and severely disabled individuals and for
Federal inmates.
``(g) Donation of Products and Services.--The Board of Directors
may authorize--
``(1) the donation of a product or service of Federal
Prison Industries that is available for sale; or
``(2) the production of a new product, or the performance
of a new service, for donation.
``(h) Catalog.--Federal Prison Industries shall publish and
maintain a catalog of all products and services that it offers for sale
to government agencies and not-for-profit organizations. The catalog
shall be periodically revised as products and services are added or
deleted.''.
(b) Conforming Amendment.--Section 1761(c)(1) of such title is
amended by striking ``non-Federal''.
(c) Clerical Amendment.--The chapter analysis for chapter 307 of
title 18, United States Code, is amended by striking the items relating
to sections 4121, 4122, and 4123 and inserting the following:
``Sec. 4121. Federal Prison Industries: status, mission, and
management.
``Sec. 4122. Federal Prison Industries: operating objectives,
standards, and requirements.
``Sec. 4123. Federal Prison Industries: transactions authorized.''.
SEC. 6. PERIODIC EVALUATION AND REPORTS.
(a) In General.--Section 4127 of title 18, United States Code, is
amended to read as follows:
``Sec. 4127. Periodic evaluation and reports
``(a) Evaluation by GAO.--
``(1) Matters evaluated.--The Comptroller General shall
provide for an independent evaluation of the operations of
Federal Prison Industries to be carried out each year. The
matters evaluated shall include the following:
``(A) The overall success of the operations.
``(B) The effects that any reduction in the
purchases made under section 4124(a) has on the
viability of Federal Prison Industries.
``(C) The extent to which Federal Prison Industries
can successfully contract with private companies
without adversely affecting domestic companies or
workers.
``(D) The current status and effects of the pilot
program or programs described in section 4130.
``(2) Views included.--The Comptroller General shall ensure
that, in the development of appropriate methodologies for the
evaluation under paragraph (1), the views of the Foreign Labor
Substitute Panel, private industry, organized labor, the Board
of Directors of Federal Prison Industries, and the public are
solicited.
``(3) Report.--Not later than March 31 of each fiscal year,
the Comptroller General shall submit to Congress a report on
the evaluation of the operations of Federal Prison Industries
that was carried out under paragraph (1) for the preceding
fiscal year. The report for a fiscal year shall, at a minimum,
include the following:
``(A) The evaluation.
``(B) Any concerns raised about any adverse effects
on domestic companies or workers, together with any
actions taken in regard to the concerns.
``(C) The extent to which Federal Prison Industries
maintained at least a 25 percent employment rate for
eligible inmate workers.
``(D) The extent to which Federal Prison Industries
conducted its operations on a financially self-
sustaining basis.
``(E) Any recommended legislation to improve the
administration of this chapter or the effects of the
administration of this chapter, including any
recommended legislation necessary to authorize remedial
actions regarding--
``(i) any conduct of the operations of
Federal Prison Industries in a manner that
adversely affects domestic companies or workers
(excluding the effects of normal competitive
business practices);
``(ii) any failure of Federal Prison
Industries to maintain at least a 25 percent
employment rate for eligible inmate workers; or
``(iii) any failure of Federal Prison
Industries to conduct its operations on a
financially self-sustaining basis.
``(b) Annual Report by Board of Directors.--
``(1) In general.--The Board of Directors of Federal Prison
Industries shall, each year, report under section 9106 of title
31, on the conduct of the business of Federal Prison Industries
and the condition of its funds during the preceding fiscal
year.
``(2) Matters included.--In addition to the matters
required by section 9106 of title 31, and such other matters as
the Board considers appropriate, each report for a fiscal year
under paragraph (1), shall include the following:
``(A) A statement of the amount of obligations
issued under section 4129(a)(1) of this title during
that fiscal year.
``(B) An estimate of the amount of obligations that
will be issued under that section during the following
fiscal year.
``(C) An analysis of--
``(i) the total sales by Federal Prison
Industries for each product and service sold to
Federal agencies and to private United States
companies;
``(ii) the total purchases by each Federal
agency of each product and service; and
``(iii) the Federal Prison Industries share
of the total Federal Government purchases by
product and service.
``(D) An analysis of the inmate workforce,
including--
``(i) the number of inmates employed;
``(ii) the number of inmates used to
produce products or perform services sold to
private United States companies;
``(iii) the number and percentage of
employed inmates, categorized by term of
incarceration; and
``(iv) the various hourly wages paid to
inmates engaged in the production of the
various products and the performance of
services authorized for production and sale to
Federal agencies and to private United States
companies.
``(E) Information concerning any employment
obtained by former inmates upon release that is useful
in determining whether the employment provided by
Federal Prison Industries during incarceration provided
those former inmates with knowledge and skill in a
trade or occupation that enabled them to earn a
livelihood upon release.
``(F) Information on the current status of the
pilot program or programs described in section 4130.
``(3) Availability to public.--The Board of Directors shall
make available to the public each report under this
subsection.''.
(b) Clerical Amendment.--The item relating to section 4127 in the
chapter analysis for chapter 307 of title 18, United States Code, is
amended to read as follows:
``4127. Periodic evaluation and reports.''.
SEC. 7. RULES OF CONSTRUCTION AND DEFINITIONS.
(a) In General.--Chapter 307 of title 18, United States Code, as
amended by section 4, is amended by adding at the end the following:
``SEC. 4131. CONSTRUCTION OF PROVISIONS.
``Nothing in this chapter shall be construed--
``(1) to establish an entitlement of any inmate to--
``(A) employment in a Federal Prison Industries
facility; or
``(B) any particular wage, compensation, or benefit
on demand;
``(2) to establish that inmates are employees for the
purposes of any law or program; or
``(3) to establish any cause of action by or on behalf of
any person against the United States or any officer, employee,
or contractor thereof.
``SEC. 4132. DEFINITIONS.
``In this chapter:
``(1) The term `eligible inmate' or `eligible inmate
worker' means a person who--
``(A) is committed to the custody of the Bureau of
Prisons pursuant to section 3621 of this title;
``(B) is designated to a low, medium, or high
security facility operated by the Bureau of Prisons;
and
``(C) is physically and mentally able to work.
``(2) The term `private United States company' means a
corporation, partnership, joint venture, or sole proprietorship
with a principal place of business in the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 307 of such title is amended by adding at the end the following
new items:
``Sec. 4131. Construction of provisions.
``Sec. 4132. Definitions.''.
SEC. 8. CONFORMING AMENDMENT.
Section 436 of title 18, United States Code, is amended by striking
``Whoever,'' and inserting ``Except as otherwise provided in this
title, whoever,''.
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