[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Extensions of Remarks]
[Pages E1246-E1247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE PRISON WORK AND VICTIM RESTITUTION ACT

                                 ______
                                 

                          HON. JOHN E. ENSIGN

                               of nevada

                    in the house of representatives

                        Wednesday, July 10, 1996

  Mr. ENSIGN. Mr. Speaker, today, I introduced bipartisan legislation, 
the Prison Work

[[Page E1247]]

and Victim Restitution Act of 1996, with 15 of my colleagues. This 
measure builds on our efforts to reform the Federal prison system and 
reduce recidivism among released inmates while promoting justice for 
victims and society. My bill is a tough measure, but its intent goes 
far beyond simply punishing inmates.
  One of the major barriers to the successful rehabilitation of Federal 
prison inmates has been the weak work requirements contained in the 
Omnibus Crime Control Act of 1990. The 1990 Crime Control Act does not 
require a minimum work requirement for inmates. Although it costs over 
$21,000 annually to care for each prisoner in the Federal prison 
system, a statutory minimum workweek for prisoners does not exist. 
Instead, the United States Code touches on the subject with vague 
language which simply states that it is the policy of the Federal 
Government that prisoners should work.
  The reality is that the average workday for a prisoner in the United 
States is only 6.8 hours long. While some States have longer workdays, 
the average prisoner is working fewer hours than the taxpayer who 
supports him.
  Mandatory work for prisoners should serve the dual purpose of 
compensating taxpayers and victims while instilling values and 
responsibility in those who have failed to live within an orderly 
society. The Prison Work and Victim Restitution Act of 1996 would 
correct some of the basic failings of our criminal justice system by 
requiring Federal prisoners to work at least 50 hours per week. The 
earnings of prisoners will be distributed as follows: one-third to 
compensate the Bureau of Prisons for the cost of incarceration, one-
third to a victim restitution fund, one-tenth to be placed in a savings 
account for an individual prisoner, and the remainder, 23 percent, will 
go to States which enact the same work requirements for their own 
prison systems.
  My legislation clarifies that OSHA and the Fair Labor Standards Act--
including minimum wage--do not apply to inmates. It also prohibits 
prisoners from engaging in nonrehabilitative behavior such as smoking, 
possessing pornography, and listening to vulgar music. Drug testing is 
mandatory.
  This bill addressed the problem of ensuring there is an adequate 
supply of paying work for prisoners. My legislation permits UNICOR, the 
prison industries system, to expand and allows nonprofit agencies--many 
of which receive Federal grants to combat crime and poverty in our 
communities--to use prison labor.
  Justice Fellowship, a national organization committed to restoring 
justice to victims and society and promoting work for prisoners, has 
endorsed the Prison Work and Victim Restitution Act.
  I urge my colleagues to join me in supporting this important bill.

                          ____________________