[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2414 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2414

 To establish a commission to review Federal inmate work opportunities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2004

 Mr. Graham of South Carolina (for himself and Mr. Dorgan) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a commission to review Federal inmate work opportunities.

    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 ``Federal Inmate Work Opportunities 
Review Commission''.

SEC. 2. CREATION OF A COMMISSION TO REVIEW FEDERAL INMATE WORK 
              OPPORTUNITIES.

    (a) Establishment.--There is established a commission to be known 
as the Federal Inmate Work Opportunities Review Commission (in this Act 
referred to as the ``Commission'').
    (b) Members.--
            (1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President;
                    (B) 2 shall be appointed by the Speaker of the 
                House of Representatives, unless the Speaker is of the 
                same party as the President, in which case 1 shall be 
                appointed by the Speaker of the House of 
                Representatives and 1 shall be appointed by the 
                minority leader of the House of Representatives;
                    (C) 1 shall be appointed by the minority leader of 
                the House of Representatives (in addition to any 
                appointment made under subparagraph (B));
                    (D) 2 shall be appointed by the majority leader of 
                the Senate, unless the majority leader is of the same 
                party as the President, in which case 1 shall be 
                appointed by the majority leader of the Senate and 1 
                shall be appointed by the minority leader of the 
                Senate; and
                    (E) 1 shall be appointed by the minority leader of 
                the Senate (in addition to any appointment made under 
                subparagraph (D)).
            (2) Persons eligible.--Each member of the Commission shall 
        be an individual who has knowledge or expertise in matters to 
        be studied by the Commission.
            (3) Term.--Each member shall be appointed for the life of 
        the Commission.
            (4) Time for initial appointments.--The appointment of the 
        members shall be made not later than 60 days after the date of 
        enactment of this Act.
            (5) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made, and 
        shall be made not later than 60 days after the date on which 
        the vacancy occurred.
    (c) Operation.--
            (1) Chairperson.--Not later than 15 days after appointments 
        of all the members are made, the President shall appoint a 
        chairperson for the Commission from among its members.
            (2) Meetings.--The Commission shall meet at the call of the 
        chairperson. The initial meeting of the Commission shall take 
        place not later than 30 days after the initial appointment of 
        the members is completed.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum to conduct business, but the 
        Commission may establish a lesser quorum for conducting 
        hearings scheduled by the Commission.
            (4) Rules.--The Commission may establish by majority vote 
        any other rules for the conduct of Commission business, if such 
        rules are not inconsistent with this Act or other applicable 
        law.
    (d) Duties.--The Commission shall perform the following duties:
            (1) Examine the current state of Federal Prison Industries, 
        including an examination of--
                    (A) its impact on the Federal Bureau of Prison's 
                correctional mission, including the reduction of 
                recidivism and safe prison management; and
                    (B) its impact on both the private sector and 
                private labor markets.
            (2) Examine the market viability and number of inmates 
        employed by Federal Prison industries, including--
                    (A) in the fiscal year before enactment of section 
                637 of the 2004 Consolidated (Omnibus) Appropriations 
                bill;
                    (B) in the fiscal year subsequent to enactment of 
                section 637 of the 2004 Consolidated (Omnibus) 
                Appropriations bill; and
                    (C) the potential impact of other legislative 
                proposals pending before Congress.
            (3) Examine alternatives that can be employed by the 
        Department of Justice to maximize inmate work opportunities 
        while minimizing domestic private sector job displacement, 
        including an examination of State and foreign government inmate 
        work programs.
            (4) Study such other issues as the Commission may determine 
        necessary to its mission.
    (e) Report.--
            (1) Distribution.--Not later than 2 years after the date of 
        the initial meeting of the Commission, the Commission shall 
        submit a report on the study carried out under this Act to--
                    (A) the President;
                    (B) Congress;
                    (C) the chairman and ranking member of the Senate 
                Judiciary Committee;
                    (D) the chairman and ranking member of the House 
                Judiciary Committee; and
                    (E) the Attorney General.
            (2) Contents.--The report under paragraph (1) shall 
        include--
                    (A) the findings and conclusions of the Commission;
                    (B) recommended legislation, if any, to reform 
                Federal prison work programs; and
                    (C) a summary of the materials relied on by the 
                Commission in the preparation of the report.
    (f) Hearings and Sessions.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out the provisions of this Act, hold such hearings and 
        sit and act at such times and at such places in the United 
        States, and request the attendance and testimony of such 
        witnesses and the production of such books, records, 
        correspondence, memoranda, papers, and documents, as the 
        Commission considers appropriate.
            (2) Subpoenas.--
                    (A) Issuance.--The Commission may issue subpoenas 
                for the attendance of witnesses and the production of 
                written or other matter.
                    (B) Enforcement.--In the case of contumacy or 
                refusal to obey a subpoena, the Attorney General may in 
                a Federal court of appropriate jurisdiction obtain an 
                appropriate order to enforce the subpoena.
                    (C) Confidentiality of documentary evidence.--
                Documents provided to the Commission pursuant to a 
                subpoena issued under this subsection shall not be 
                released publicly without the affirmative vote of \2/3\ 
                of the Commission.
    (g) Consultation Required.--The Commission shall consider the views 
of all relevant parties affected by the future of inmate work programs 
including--
            (1) private sector businesses, both those that allege they 
        are harmed by Federal Prison Industries and those who currently 
        supply Federal Prison Industries;
            (2) labor unions;
            (3) corrections administrators; and
            (4) other organizations and persons with an interest in 
        corrections and the reentry of offenders back into the 
        community.
    (h) Personnel Matters.--
            (1) Basic pay.--Members of the Commission shall serve 
        without pay.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of service for the Commission.
            (3) Detail of federal employees.--With the affirmative vote 
        of \2/3\ of the Commission, any Federal Government employee, 
        with the approval of the head of the appropriate Federal 
        agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privileges.
            (4) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services may 
        provide to the Commission, on a nonreimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this Act.

SEC. 3. TERMINATION.

    The Commission shall terminate on the date that is 60 days after 
the date on which the Commission submits the reports required by this 
Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 <all>