[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,''.
                                 <all>