Sec. 11. Re-entry employment preparation through work-based training and apprenticeship
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Chapter 307 of title 18, United States Code, is further amended by inserting after section 4124a the following new section: A private for-profit business entity shall be an eligible entity for participation in the program authorized by section 4124a of this title, if such participation conforms with the requirements and limitations of this section. A private for-profit business entity is eligible for such participation if such business entity proposes to train participating inmates, pursuant to subsection (c), by producing a product or performing a service, if such product or service is of a type for which there is no production or performance within the United States by noninmate workers.
For purposes of this section, the training of participating inmates shall be work-based training that provides to a participating inmate apprenticeship training or a functionally equivalent structured program that combines hands-on work experience with conceptual understanding of the work being performed. Other inmates with regular work assignments within Federal Prison Industries may be assigned to support the program. Each inmate who successfully completes participation in training undertaken pursuant to this section shall be provided a certificate or other written document memorializing such successful completion, providing a marketable summary of the skills learned and an overall assessment of performance.
Copies of such documents shall be furnished to perspective employers upon the request of the participant for a period of not less than 24 months from the date of such participant’s release from incarceration. The Federal Bureau of Prisons, in cooperation with a business entity providing an inmate work-based training at the time of his or her scheduled release, shall make every reasonable effort to help the inmate timely obtain such documentation (including a State government-issued photo identification card) as a person may be required to provide to a prospective employer, after such person completes an Employment Eligibility Verification (ICE Form I–9).
Business entities participating in the program authorized by subsection
(a)shall propose wages for inmates participating in the program at rates not less than the inmate training wage promulgated pursuant to section 17(c) of the Federal Prison Industries Competition in Contracting Act of 2013 . Not more than 30 days after the date of enactment of this section, the Board of Directors of Federal Prison Industries shall request the Secretary of Labor to promulgate an inmate training wage pursuant to section 14(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(a) ). In addition to the matters listed in section 4124a(d) of this title, a proposal for an agreement referred to in such section submitted by an eligible business entity shall specify an amount of any supplemental funding, specified as a per-capita amount for each inmate participating pursuant to the agreement, that the business entity will provide for the purpose of supporting remedial, vocational, and other release preparation programs for other nonparticipating inmates. In considering a proposed agreement pursuant to section 4124a(f)(1) of this title, the Board of Directors shall— give preference to an agreement that proposes— work-based training opportunities that provide the participating inmate the best prospects for obtaining employment paying a livable wage upon release; the highest per-capita amount pursuant to subsection
(e)relating to providing financial support for release preparation for other inmates; and the highest inmate wage rates; not approve any agreement with respect to furnishing services of the type described in section 4122(b)(6)(D)(iii) of this title; not approve any agreement with respect to furnishing construction services described in section 4122(b)(6)(D)(iv) of this title, unless to be performed within a Federal correctional institution; not approve an agreement that does not meet the standards of subsection (b); and request a determination from the Department of Commerce (and such other executive branch entities as may be appropriate), regarding whether a product or service is of the type being produced or performed in the United States by noninmate workers, whenever the Board determines that such an additional assessment is warranted, including upon a request from an interested party presenting information that the Board deems to warrant such additional assessment prior to the Board’s consideration of the proposed agreement. Federal Prison Industries is prohibited from directly offering for commercial sale products produced or services furnished by Federal inmates, including through any form of electronic commerce. No proposed agreement pursuant to this subsection may be approved by the Board of Directors after September 30, 2020. Performance of all such agreements shall be concluded prior to October 1, 2025. . Not less than biannually, beginning in fiscal year 2014, the Attorney General shall meet in person jointly with the Chairman of the Board of Directors and the Chief Executive Officer of Federal Prison Industries to review the progress that Federal Prison Industries is making in maximizing the use of the authority provided by sections 4124a and 4124b of title 18, United States Code. The Attorney General shall provide annually a written report to the Committees on the Judiciary and Appropriations of the House of Representatives and the Senate addressing such progress by Federal Prison Industries. The Comptroller General of the United States shall undertake an on-going assessment of the authority granted by section 4124b of title 18, United States Code. In addition to such other matters as the Comptroller General deems appropriate, the assessment shall include— efforts to recruit private for-profit business entities to participate; the quality of training provided to inmates; the amounts and types of products and services that have been produced incident to the work-based training programs; the types of worksite arrangement that encourage business concerns to voluntarily enter into such partnerships; the extent and manner of the participation of supervisory, quality assurance, and other management employees of the participating business entity in worksites within correctional facilities of various levels of security; the extent of the facilities, utilities, equipment, and personnel (other than security personnel) provided by the host correctional agency, and extent to which such resources are provided on a nonreimbursable basis; the rates of wages paid to inmate workers and the effect that such wage rates have on willingness of business entities to participate; any complaints filed regarding the displacement of noninmate workers or of inmate workers being paid less than required wages and the disposition of those complaints; any sanctions recommended relating to displacement of noninmate workers or payment of less than the required wages, and the disposition of such proposed sanctions; the extent to which the new authority provided additional inmate work opportunities assisting the Bureau of Prisons in attaining its objective of providing 25 percent of the work-eligible inmates with work opportunities within Federal Prison Industries; measures of any adverse impacts of implementation of the new authority on business concerns using noninmate workers that are engaged in providing similar types of products and services in direct competition; and a compilation of data relating work opportunities for Federal inmates with work assignments with Federal Prison Industries provided by— sales to Federal agencies pursuant to the status of Federal Prison Industries as a mandatory source of supply during the period fiscal year 1990 through fiscal year 2012; sales to Federal agencies of services, both through non-competitive interagency transfers and as a result of direct competition from private-sector offerors during the period fiscal year 1990 though fiscal year 2012; performance as a subcontrator to a Federal prime contractor or Federal subcontractor at a higher tier beginning in fiscal year 1990; introduction of inmate-furnished services into the commercial market, beginning in the second quarter of fiscal year 1998; alternative inmate work opportunities, beginning in fiscal year 2014, provided by agreements with— non-profit organizations, pursuant to section 4124a(b)(1) of title 18, United States Code, and section 10(c); religious organizations, pursuant to section 4124a(b)(2) of title 18, United States Code; units of local governments, school districts, or other special purpose districts, pursuant to section 4124a(b)(3) of title 18, United States Code; work-based Employment Preparation Programs for Federal inmates, pursuant to section 4124b of title 18, United States Code; or other means. The Comptroller General shall provide an opportunity for public comment on the proposed scope and methodology for the assessment required by paragraph (1), making such modifications in response to such comments as he deems appropriate. The Comptroller General shall submit to the Congress in accordance with this subsection two interim reports and a final report of the assessment of implementation of the new authority, including such recommendations as the Comptroller General may deem appropriate. The two interim reports shall encompass the assessment of the implementation of the new authority— from the effective date of the authority through the end of fiscal year 2016; and from the effective date of the authority through the end of fiscal year 2019. The final report shall assess the implementation of the new authority from the effective date of the authority through the end of fiscal year 2020. The Comptroller General shall submit the reports required by this paragraph within 6 months after the end of the fiscal years referred to in subparagraphs
(B)and (C). Section 1761 of title 18, United States Code, as amended by section 7, is further amended— by redesignating subsection
(f)as subsection (g); and by inserting after subsection (e), as so redesignated by section 7(e) of this Act, the following new subsection: This section shall not apply to products produced or services furnished with inmate labor incidental to the work-based training program authorized pursuant to section 4124b of this title. .
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Sec. 11
Re-entry employment preparation through work-based training and apprenticeship
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