Home > 106th Congressional Bills > H.R. 5387 (ih) [Introduced in House] ...H.R. 5387 (ih) [Introduced in House] ...
exceeding 2 years after December 31, 2010, if the Attorney General--
``(A) certifies that national security or security of the
facility would be endangered if the section ceased to apply
with respect to the facility; and
``(B) publishes a plan for the elimination, by the end of
the period for which the applicability is extended under this
paragraph, of the conditions causing the endangerment of
national security or security of the facility.''.
SEC. 5. INMATE WAGE RATES.
(a) In General.--Chapter 307 of title 18, United States Code, is
amended by adding after section 4124E (as added by section 3) the
following new section:
``Sec. 4124F. Wage rates
``(a) In General.--Within the requirements of safe and secure
confinement, the Attorney General shall modify correctional practices
to improve the attractiveness and business efficiency of Federal
correctional facilities to ensure maximum employment of inmates at
prevailing wages.
``(b) Prevailing Wage.--A Federal inmate employed in a Class B
industry or a Class C industry, and a State or local inmate employed in
connection with the Prison Industry Enhancement Certification program
of the Department of Justice, shall be paid at a wage not less than the
prevailing wage in the locality, except--
``(1) to the degree the productivity of individual inmates
or subgroups of inmates can be reasonably demonstrated to lag
that of civilian workers in the locality, and then only for the
period during which their productivity lags, as demonstrated on
an annual basis and certified by the Department of Employment
Services in the host State; or
``(2) to the degree unavoidable inefficiencies or risks of
operating in a correctional setting deter a facility's hiring
inmates at prevailing wages, as evidenced by its inability to
attract enough firms to employ 50 inmates at prevailing wages,
provided that--
``(A) the reduction in any inmate's wage is no more
than 50 percent of the difference between the Federal
minimum wage and the determined prevailing wage;
``(B) the full value of the reduction, to the limit
of the prescribed deduction, is credited to the inmate
in lieu of deductions for board and room;
``(C) the inefficiencies, efforts to mitigate them,
and justifications for their persistence are documented
and published; and
``(D) the inefficiency is certified annually by the
Attorney General or a State attorney general; or
``(3) during the first 24 months of a new firm or new Class
B industry's operation in a correctional facility.
``(c) Reasonable Measures.--In all instances justifying sub-
prevailing wages because of reduced productivity, the host correctional
facility will have in place reasonable measures including, but not
limited to, access to education and appropriate training, to increase
the productivity of the affected inmates.
``(d) Notice.--No facility may contract with or establish a firm
employing inmates at less than prevailing wages unless it has first by
public notice in the Federal Register and by other effective means
offered opportunities to all firms to compete for employment of inmates
at the facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4124E (as added by section 3) the following new item:
``4124F. Wage rates.''.
SEC. 6. INCENTIVES TO TRADE ORGANIZATIONS AND NON-PROFITS.
(a) In General.--From amounts made available to carry out this
section, the Attorney General may make matching grants to business
trade organizations, labor organizations, and human rights and non-
profit organizations to attract firms and create business entities in
Federal and State correctional settings.
(b) Purpose.--The purpose of a matching grant under subsection (a)
shall be to encourage investment and innovation in bringing inmates
into successful open market employment.
(c) Grant Amounts and Terms.--A matching grant under subsection (a)
may be made for not more than five years, in an amount not to exceed
$200,000 per year.
(d) Set-Aside.--Not less than 20 percent of amounts made available
to carry out this section shall be used for research and evaluation.
SEC. 7. INMATE FINANCIAL RESPONSIBILITIES.
(a) In General.--Chapter 307 of title 18, United States Code, is
amended by adding after section 4124F (as added by section 5) the
following new section:
``Sec. 4124G. Inmate financial responsibilities
``(a) In General.--The Attorney General shall facilitate the
success of each inmate in meeting reasonably proportioned financial
obligations to the victims of that inmate, the children and family of
that inmate, to taxpayers, and the inmate individually. In particular,
the Director of the Bureau of Prisons shall coordinate with working
inmates and courts, family services, and offices of child support
enforcement to ensure victim compensation, restitution, family support,
establishment of paternity and reasonable child support orders, payment
toward any other court-ordered obligations, to contribute toward the
costs of incarceration, as well as for reasonable actions to encourage
prudent purchasing, saving, and investment by inmates.
``(b) Class B Deductions.--Deductions may be made from the earnings
of an inmate in a Class B industry only for taxes and normal payroll
deductions, court-ordered deductions for any purpose, victim
compensation, restitution, family support, child and family support,
and contributions to costs of incarceration. Deductions may not, in
total, exceed 80 percent of gross pay. No deduction from any inmate's
earnings for costs of incarceration, victim compensation, or
restitution can exceed the aggregate average rate of deductions for
family or child support. The Attorney General may require and monitor
savings, and Federal Prison Industries shall encourage prudent
interest-earning savings. Inmates shall have full access to Federal
Prisons credit union savings or investment accounts on terms identical
to those offered civilian employees for all required savings. Although
savings may be required from the 20 percent of gross income remaining
for the inmate, at least half of the remainder shall be held exempt
from any deduction ordered by Federal Prison Industries or any court
and will accrue solely to the discretion of the inmate wage earner.
Records of all deductions will be maintained by category and compiled
annually for public release.
``(c) Class C Deductions.--Deductions may be made from the earnings
of an inmate in a Class C industry in the same manner as deductions may
be made from the earnings of an inmate in a Prison Industry Enhancement
Certification program of the Department of Justice.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
4124F (as added by section 5) the following new item:
``4124G. Inmate financial responsibilities.''.
SEC. 8. SUPPORT BY OTHER FEDERAL AGENCIES.
(a) In General.--From amounts made available to carry out this
section, the Attorney General shall facilitate other Federal, State,
and other agencies increasing the education, skills, and economic
productivity of the Federal inmate population and in assisting inmates
in meeting financial obligations.
(b) Inmate and Industry Rights.--No Federal inmate and no Class A,
Class B, or Class C industry of Federal Prison Industries may be
prohibited from obtaining the services of a Federal agency for which
that inmate or industry is otherwise qualified, so long as
institutional safety and security are preserved.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $50,000 for each of fiscal years 2005 through 2015 for
each of the Departments of Commerce, Education, Justice, Health and
Human Services, Labor, and Treasury, to identify and begin to effect
linkages between Departmental programs and services serving Federal,
State, and local inmates and correctional industries.
SEC. 9. RIGHTS OF INMATE WORKERS.
(a) Establishment of Procedures.--Not later than 1 year after the
date of the enactment of this Act, the Director of the Bureau of
Prisons shall establish procedures to ensure that inmate workers have
the right to form and join a labor organization of their own choice and
to engage in collective bargaining.
(b) Rights.--Such procedures shall--
(1) ensure employer and prison authority neutrality with
regard to the exercise of collective bargaining rights by
inmate workers;
(2) provide for a right of inmate workers to withhold
services in the event of a dispute over terms and conditions of
employment;
(3) enable inmate workers to initiate collective bargaining
upon a showing by petition that a majority of workers of a unit
appropriate for collective bargaining wish to be represented by
an individual or labor organization (except that bargaining
unit determinations will be made in accordance with the
requirements of section 9(b)(3) of the National Labor Relations
Act (29 U.S.C. 159(b)(3)));
(4) provide for binding arbitration if the inmate workers
and the employer are unable to negotiate an initial collective
bargaining agreement in a timely manner; and
(5) otherwise afford inmate workers with similar rights to
those afforded to employees under the National Labor Relations
Act (29 U.S.C. 151 et seq).
SEC. 10. INMATE WORKER COUNCILS.
(a) In General.--The Attorney General shall establish inmate worker
councils in each Federal correctional institution, including all
inmates working in Class A, B, or C industries of Federal Prison
Industries. The councils shall be for the purposes of--
(1) increasing productivity, quality, and income
opportunity, including recruiting new firms;
(2) representing common workplace interests of inmate
employees, including in negotiation with Federal Prison
Industries and firm management; and
(3) intersite and public communication representing inmate
workers.
(b) Communication and Participation.--Councils will be designed to
encourage open communication about workplace issues within the bounds
of safe and secure confinement. Each employed inmate shall have the
right to participate in inmate councils, and local and national
leadership of such councils shall be chosen by inmates in a free and
democratic manner.
(c) Non-Workplace Issues Excluded.--Corrections issues whose
primary impact is other than the workplace shall not be considered in
inmate worker councils.
(d) Approval of Class C Agreements.--No agreement for a Class C
industry may be approved without review and comment by the facility's
inmate worker council. A council shall have full access to all terms
and conditions of the proposed agreement affecting their employment,
work content, duties, hours, pay, benefits, and other working
conditions. Before such an agreement is signed, inmate worker council
comments and recommendations must receive serious consideration by
facility management and facility management must submit a formal reply
to the council on each recommendation. The council, at its discretion,
may publish the recommendations and response in their entirety.
(e) Protection.--The Attorney General shall ensure that workplace
issues raised by any inmate through worker councils, whose reasonable
consequences are legal, are exempt from correctional disciplinary
action, workplace retaliation, or loss of any right or privilege.
(f) Expenses.--Reasonable council expenses shall be funded from
that portion of deductions from inmate gross wages for board and room.
SEC. 11. BUSINESS COUNCILS.
(a) In General.--The Attorney General shall facilitate creation of
councils of entities operating Class B or C industries in Federal
correctional institutions. The councils shall be for the purposes of
improving efficiency, competitiveness, employment, and profitability of
such entities, improving working relationships with Federal
institutions and the Federal Bureau of Prisons, as well as for
improving safety, security, and public understanding of Federal prison
industry programs.
(b) Issues.--Such councils shall exclusively address issues
affecting workplace efficiency and success. Corrections issues whose
primary impact is other than the workplace or business efficiency shall
not be considered in business councils.
SEC. 12. WORKPLACE DISCIPLINE AND WORKPLACE ISSUES.
(a) In General.--This Act and the amendments made by this Act apply
solely to workplace operations in correctional facilities regarding the
production of goods and services for agencies or open markets other
than the operation of the specific correctional facility. They do not
apply to work in institutional maintenance or to correctional matters
of any sort beyond the workplace.
(b) Protection.--Except where a specific workplace action can be
shown to directly threaten or harm correctional safety or security,
workplace issues involving inmates in Class A, B, or C industries must
be addressed solely in the workplace with no correctional consequence.
Correctional disciplinary procedures and transfers shall not be used to
address inmate workplace issues, including issues raised in an
otherwise legal collective bargaining process.
SEC. 13. CORRECTIONAL INSTITUTION LOCATIONS.
In locating new correctional institutions, the Attorney General
will favorably consider locations that increase or maximize Federal
inmates' opportunities for successful open-market employment and
competitive participation in the United States economy, along with
opportunities for education and training.
SEC. 14. RESEARCH AND PILOT PROGRAM SUPPORT.
There are authorized to be appropriated to the Federal Bureau of
Prisons, to assist the Federal Bureau of Prisons in transitioning to
successful open-market participation for inmates and industries,
$2,000,000 for each of fiscal years 2006 through 2015, to be available
for--
(1) external expertise in designing and effecting programs
for Class B and C industries;
(2) research and followup support;
(3) staffing support to initiate such programs; and
(4) outreach support.
SEC. 15. ANNUAL PUBLIC REPORTS.
(a) Accounting Report.--Not later than June 30 of each year, the
Attorney General shall publish a report, broken down by Class A, B, and
C industries, on Federal Prison Industries. The report shall include--
(1) numbers of working inmates by industry and occupation;
(2) distributions of hours worked and hourly and annual
incomes;
(3) deductions by class of deduction;
(4) annual value of product;
(5) injuries and workers compensation claims; and
(6) any other statistics necessary for a public accounting
of inmate work.
(b) Publications by Private Firms.--With the exception of inmate
wage disclosure, the Attorney General shall not require private firms
employing inmates to publish information which would both--
(1) not otherwise be required; and
(2) could reasonably be construed to harm the firm's
competitive position.
(c) Major Events Report.--Concurrently with the report required by
subsection (a), the Attorney General shall publish annually a report
summarizing major events and progress in each of Class A, B, and C
industries of Federal Prison Industries. The report shall--
(1) identify all significant events and decisions affecting
inmate work opportunity, conditions of work, pay and benefits,
and events affecting inmate participation in the workplace; and
(2) include an annual national report prepared by inmate
worker and business councils including whatever information
those councils considers appropriate.
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