Sec. 10. Providing additional rehabilitative opportunities for inmates
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There is hereby established the Enhanced In-Prison Educational and Vocational Assessment and Training Program within the Federal Bureau of Prisons. In addition to such other components as the Director of the Bureau of Prisons deems appropriate to reduce inmate idleness and better prepare inmates for a successful reentry into the community upon release, the program shall provide— in-prison assessments of inmates’ needs and aptitudes; a full range of educational opportunities; vocational training and apprenticeships; and comprehensive release-readiness preparation.
For the purposes of carrying out the program established by paragraph (1), $75,000,000 is authorized for each fiscal year after fiscal year 2013, to remain available until expended. It is the sense of Congress that Federal Prison Industries should use some of its net earnings to accomplish the purposes of the program. All components of the program shall be established— in at least 25 percent of all Federal prisons not later than 2 years after the date of the enactment of this Act; in at least 50 percent of all Federal prisons not later than 4 years after such date of enactment; in at least 75 percent of all Federal prisons not later than 6 years after such date of enactment; and in all Federal prisons not later than 8 years after such date of enactment.
Chapter 307 of title 18, United States Code, is further amended by inserting after section 4124 the following new section: Inmates with work assignments within Federal Prison Industries may perform work for an eligible entity pursuant to an agreement between such entity and the Inmate Work Training Administrator in accordance with the requirements of this section. For the purposes of this section, the term eligible entity means an entity— that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code and that has been such an organization for a period of not less than 36 months prior to inclusion in an agreement under this section; that is a religious organization described in section 501(d) of such Code and exempt from taxation under section 501(a) of such Code; or that is a unit of local government, a school district, or another special purpose district.
There is hereby established the position of Inmate Work Training Administrator, who shall be responsible for fostering the creation of alternative inmate work opportunities authorized by this section. The Administrator shall be designated by the Chief Executive Officer of Federal Prison Industries, with the approval of the Board of Directors, and be under the supervision of the Chief Operating Officer, but may directly report to the Board. An eligible entity seeking to enter into an agreement pursuant to subsection
(a)shall submit a detailed proposal to the Inmate Work Training Administrator. Each such agreement shall specify— types of work to be performed; the proposed duration of the agreement, specified in terms of a base year and number of option years; the number of inmate workers expected to be employed in the specified types of work during the various phases of the agreement; the wage rates proposed to be paid to various classes of inmate workers; and the facilities, services and personnel (other than correctional personnel dedicated to the security of the inmate workers) to be furnished by Federal Prison Industries or the Bureau of Prisons and the rates of reimbursement, if any, for such facilities, services, and personnel. Each proposed agreement shall be accompanied by a written certification by the chief executive officer of the eligible entity that— the work to be performed by the inmate workers will be limited to the eleemosynary work of such entity in the case of an entity described in paragraph
(1)or
(2)of subsection (b); the work would not be performed in the United States but for the availability of the inmate workers; and the work performed by the inmate workers will not result, either directly or indirectly, in the production of a new product or the furnishing of a service that is to be offered for other than resale or donation by the eligible entity or any affiliate of the such entity. Each proposed agreement shall also be accompanied by a written certification by the chief executive officer of the eligible entity that— no non-inmate employee (including any person performing work activities for such governmental entity pursuant to section 607 of subchapter IV of the Social Security Act (42 U.S.C. 607)) of the eligible entity (or any affiliate of the entity) working in the United States will have his or her job abolished or work hours reduced as a result of the entity being authorized to utilize inmate workers; and the work to be performed by the inmate workers will not supplant work currently being performed in the United States by a contractor of the eligible entity. Each such proposed agreement shall be presented to the Board of Directors, be subject to the same opportunities for public comment, and be publicly considered and acted upon by the Board in a manner comparable to that required by paragraphs
(7)and
(8)of section 4122(b). In determining whether to approve a proposed agreement, the Board shall— give priority to an agreement that provides inmate work opportunities that will provide participating inmates with the best prospects of obtaining employment paying a livable wage upon release; give priority to an agreement that provides for maximum reimbursement for inmate wages and for the costs of supplies and equipment needed to perform the types of work to be performed; not approve an agreement that will result in the displacement of non-inmate workers contrary to the representations required by subsection (e)(2) as determined by the Board or by the Secretary of Labor (pursuant to subsection (i)); and not approve an agreement that will result, either directly or indirectly, in the production of a new product or the furnishing of a service for other than resale by an eligible entity described in paragraph
(1)or
(2)of subsection
(b)or donation. Inmate workers shall be paid wages for work under the agreement at a basic hourly rate to be negotiated between the eligible entity and Federal Prison Industries and specified in the agreement. The wage rates set by the Director of the Federal Bureau of Prisons to be paid inmates for various institutional work assignments are specifically authorized. Wages shall be paid and deductions taken pursuant to section 4122(b)(12)(D). Each inmate worker to be utilized by an eligible entity shall indicate in writing that such person— is participating voluntarily; and understands and agrees to the wages to be paid and deductions to be taken from such wages. Assignment of inmates to work under an approved agreement with an eligible entity shall be subject to the Bureau of Prisons Program Statement Number 1040.10 (Non-Discrimination Toward Inmates), as contained in section 551.90 of title 28 of the Code of Federal Regulations (or any successor document). Upon request of any interested person, the Secretary of Labor may promptly verify a certification made pursuant subsection (e)(2) with respect to the displacement of non-inmate workers so as to make the results of such inquiry available to the Board of Directors prior to the Board’s consideration of the proposed agreement. The Secretary and the person requesting the inquiry may make recommendations to the Board regarding modifications to the proposed agreement. Whenever the Secretary deems appropriate, upon request or otherwise, the Secretary may verify whether the actual performance of the agreement is resulting in the displacement of non-inmate workers or the use of inmate workers in a work activity not authorized under the approved agreement. Whenever the Secretary determines that performance of the agreement has resulted in the displacement of non-inmate workers or employment of an inmate worker in an unauthorized work activity, the Secretary may— direct the Inmate Work Training Administrator to terminate the agreement for default, subject to the processes and appeals available to a Federal contractor whose procurement contract has been terminated for default; and initiate proceedings to impose upon the person furnishing the certification regarding non-displacement of non-inmate workers required by subsection (d)(2)(B) any administrative, civil, and criminal sanctions as may be available. . There is authorized to be appropriated $5,000,000 for each of the fiscal years 2014 through 2018 for the purposes of paying the wages of inmates and otherwise undertaking the maximum number of agreements with eligible entities pursuant to section 4124a of title 18, United States Code. For purposes of sections 4124a and 4124b of title 18, United States Code, it is the sense of Congress that an inmate training wage that is at least 50 percent of the minimum wage prescribed pursuant to section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) will facilitate successful achievement of the goals of the work-based training and apprenticeship program authorized under such section 4124a. The Chief Operating Officer of Federal Prison Industries shall develop and present to the Board of Directors of Federal Prison Industries proposals to have Federal Prison Industries donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services in the commercial market. The Chief Operating Officer shall submit the initial group of proposals for programs of the type described in paragraph
(1)within 180 days after the date of the enactment of this Act. The Board of Directors of Federal Prison Industries shall consider such proposals from the Chief Operating Officer not later than the date that is 270 days after the date of the enactment of this Act. The Board of Directors of Federal Prison Industries shall consider proposals by the Chief Operating Officer for programs of the type described in paragraph
(1)as part of the annual operating plan for Federal Prison Industries. In addition to proposals submitted by the Chief Operating Officer, the Board of Directors may, from time to time, consider proposals presented by prospective eligible entities. For the purposes of this subsection, the term eligible entity means an entity— that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code and that has been such an organization for a period of not less than 36 months prior to inclusion in a proposal of the type described in paragraph (1), or that is a religious organization described in section 501(d) of such Code and exempt from taxation under section 501(a) of such Code. There are authorized to be appropriated $7,000,000 for each of the fiscal years 2014 through 2018 for the purposes of paying the wages of inmates and otherwise carrying out programs of the type described in paragraph (1). There is hereby established within the Federal Bureau of Prisons a program to be known as the Cognitive Abilities Assessment Demonstration Program . The purpose of the demonstration program is to determine the effectiveness of a program that assesses the cognitive abilities and perceptual skills of Federal inmates to maximize the benefits of various rehabilitative opportunities designed to prepare each inmate for a successful return to society and reduce recidivism. The demonstration program shall be undertaken by a contractor with a demonstrated record of enabling the behavioral and academic improvement of adults through the use of research-based systems that maximize the development of both the cognitive and perceptual capabilities of a participating individual, including adults in a correctional setting. The demonstration program shall to the maximum extent practicable, be— conducted during a period of three consecutive fiscal years, commencing during fiscal year 2014; conducted at 12 Federal correctional institutions; and offered to 6,000 inmates, who are categorized as minimum security or less, and are within five years of release. Not later than 60 days after completion of the demonstration program, the Director shall submit to Congress a report on the results of the program. At a minimum, the report shall include an analysis of employment stability, stability of residence, and rates of recidivism among inmates who participated in the program after 18 months of release. There is authorized to be appropriated $3,000,000 in each of the three fiscal years after fiscal year 2013, to remain available until expended, for the purposes of conducting the demonstration program authorized by subsection (a). The Director of the Federal Bureau of Prisons shall, to the maximum extent practicable, afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release. Such prerelease employment placement assistance required by subsection
(a)shall include— training in the preparation of resumes and job applications; training in interviewing skills; training and assistance in job search techniques; conduct of job fairs; and such other methods deemed appropriate by the Director. Priority in program participation shall be accorded to inmates who are participating in work opportunities afforded by Federal Prison Industries and are within 24 months of release from incarceration.
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