Home > 106th Congressional Bills > S. 2415 (is) To amend the Home Ownership and Equity Protection Act of 1994 and other [Introduced in Senate] ...S. 2415 (is) To amend the Home Ownership and Equity Protection Act of 1994 and other [Introduced in Senate] ...
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.
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