[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3776 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3776
To amend the Crime Control Act of 1990 with respect to the work
requirement for Federal prisoners and to amend title 18, United States
Code, with respect to the use of Federal prison labor by nonprofit
entities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 1996
Mr. Ensign (for himself, Mr. English of Pennsylvania, Mr. Pete Geren of
Texas, Mr. Ramstad, Mr. Zimmer, Mr. Jacobs, Mr. Christensen, Mr.
Laughlin, Mr. Hayes, Mr. Stearns, Mr. Wicker, Mr. Lipinski, Mr. Barton
of Texas, Mr. Baker of Louisiana, Mr. Bryant of Tennessee, and Mr.
Largent) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Economic and Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Crime Control Act of 1990 with respect to the work
requirement for Federal prisoners and to amend title 18, United States
Code, with respect to the use of Federal prison labor by nonprofit
entities, 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 ``Prison Work and Victim Restitution
Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) work is inherently American and honorable;
(2) work is of fundamental importance to any orderly
society which reveres such common values as responsibility,
independence, and respect for others;
(3) in order to reduce recidivism, provide restitution to
victims, reparations to communities, and promote the values of
responsibility, independence, and respect for others, the
Federal Government should enact policies which expand work,
educational, and life skills opportunities for prisoners
incarcerated in Federal and State penal institutions;
(4) American taxpayers are justified to expect that
prisoners reimburse the United States Treasury for the cost of
their incarceration, and in addition, that prisoners should
make monetary restitution to a fund which benefits the victims
of crime;
(5) prisoners should be prohibited from engaging in certain
types of activities which are not healthy and conducive to
their successful rehabilitation and restitution;
(6) prisoners should not have access to certain amenities
which are unnecessary, enhance leisure activities, or do not
promote successful rehabilitation;
(7) prisoners should not be guaranteed the same wage and
working conditions guaranteed to hard working, law abiding
Americans;
(8) existing Federal laws limit prisoners from engaging in
work, and do not impose mandatory work requirements for
prisoners; and
(9) existing barriers to prisoner labor should be removed
and Federal laws should be strengthened to ensure that
prisoners, their victims, taxpayers, and society in general
reap the maximum benefits and positive values associated with
work.
SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS.
(a) Work Requirement.--Section 2905 of the Crime Control Act of
1990 (18 U.S.C. 4121 note) is amended by adding at the end of
subsection (a) the following: ``Subject to this section, such inmates
shall engage in work for not less than 50 hours weekly. In addition
inmates shall engage job-training and educational and life skills
preparation study. In the event that opportunities otherwise provided
by law for inmates to work are not sufficient to meet the requirements
of the preceding sentence, notwithstanding any other provision of law,
the services of prisoners may also be made available to nonprofit
entities to carry out any of their business or other functions. Each
authority of the United States that makes grants to nonprofit entities
shall take appropriate action to inform such entities of the
availability of inmates for this purpose. The Attorney General shall
make rules governing the provision of services by inmates to such
entities and the payment of any wages or other compensation for such
services.''.
(b) Use of Prison Labor by Private Entities.--
(1) Section 4125(a) of title 18, United States Code, is
amended by inserting ``, and notwithstanding any other
provision of law, to for-profit American entities either
located in a foreign country or considering moving to a foreign
country by reason of high domestic labor costs for work for
those entities'' after ``Congress''.
(2) The Attorney General may provide incentives to American
entities either located in a foreign country or considering
moving to a foreign country by reason of high domestic labor
costs, such as the use of space and facilities in Federal
prisons at a free or reduced rate.
(3) The Attorney General shall make rules governing the provision
of services by prisoners to private for-profit entities under this
subsection and the amendment made by this subsection. Such rules shall
govern the wages and other proceeds paid by entities for those
services.
(c) Use of Revenues From Prison Labor.--
(1) There is established in the Treasury a Fund
(hereinafter in this subsection referred to as the ``Fund''.
(2) All proceeds and wages, less any taxes or withholding
required by Federal or State law, from prison labor shall be
placed in the Fund.
(3) The Fund shall be used, under guidelines established by
the Attorney General, as follows:
(A) One third shall be used to offset the costs of
prisoner incarceration.
(B) One third shall be used for victim restitution.
(C) One tenth to be held in a non-interest bearing
account for the individual prisoner, to be paid on
release from prison, but if the prisoner will not be
eligible for release, then this portion shall be
immediately available for use under subparagraph (B).
(D) The remainder to States for programs to benefit
the dependents of prisoners, but only to those States
the Attorney General determines have substantially the
same prison work requirements and prison conditions as
established for Federal prisoners.
SEC. 4. PRISONERS UNDER THE FAIR LABOR STANDARDS ACT OF 1938 AND THE
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.
(a) Fair Labor Standards Act of 1938.--Section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended by adding at
the end the following:
``(5) The term `employee' does not include a prisoner confined in a
Federal or State prison, in a prison of a political subdivision of a
State, or in a prison maintained for the Federal Government, a State
government, or political subdivision government.''.
(b) Occupational Safety and Health Act of 1970.--Section 3(6) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(6)) is
amended by adding at the end the following: ``The term `employee' does
not include a prisoner confined in a Federal or State prison, in a
prison of a political subdivision of a State, or in a prison maintained
for the Federal Government, a State government, or political
subdivision government.''.
SEC. 5. PRISON CONDITIONS.
The Bureau of Prisoners shall ensure that Federal prisoners--
(1) do not smoke, use or possess any type of tobacco;
(2) do not possess, view or read pornographic or sexually
explicit materials;
(3) are subject to regular and random testing for drugs and
illegal substances;
(4) do not possess microwave ovens, hot plates, toaster
ovens, or televisions (unless provided by the prison for group
viewing), or VCRs;
(5) do not possess, or listen to, music which contains
lyrics that are violent, sexually explicit, vulgar, glamorize
gang membership or activities, demean women or disrespect law
enforcement;
(6) do not view cable television which is not educational
in nature; and
(7) do not engage in sexual activity.
SEC. 6. CONVICT PILOT PROJECTS.
Section 1761(c)(1) of title 18, United States Code, is amended by
striking ``--one of not more than 50''.
<all>