To establish a commission to review Federal inmate work opportunities.

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

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.

END