I
104TH CONGRESS
2D SESSION
H. R. 3776
To amend the Crime Control Act of 1990 with respect to the work require-
ment for Federal prisoners and to amend title 18, United States Code,
with respect to the use of Federal prison labor by nonprofit entities,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 10, 1996
Mr. ENSIGN (for himself, Mr. ENGLISH of Pennsylvania, Mr. PETE GEREN
of Texas, Mr. RAMSTAD, Mr. ZIMMER, Mr. JACOBS, Mr. CHRISTENSEN,
Mr. LAUGHLIN, Mr. HAYES, Mr. STEARNS, Mr. WICKER, Mr. LIPINSKI,
Mr. BARTON of Texas, Mr. BAKER of Louisiana, Mr. BRYANT of Ten-
nessee, and Mr. LARGENT) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tee on Economic and Educational Opportunities, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Crime Control Act of 1990 with respect to
the work requirement for Federal prisoners and to
amend title 18, United States Code, with respect to
the use of Federal prison labor by nonprofit entities,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prison Work and Vic-
tim Restitution Act of 1996’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) work is inherently American and honorable;
(2) work is of fundamental importance to any
orderly society which reveres such common values as
responsibility, independence, and respect for others;
(3) in order to reduce recidivism, provide res-
titution to victims, reparations to communities, and
promote the values of responsibility, independence,
and respect for others, the Federal Government
should enact policies which expand work, edu-
cational, and life skills opportunities for prisoners
incarcerated in Federal and State penal institutions;
(4) American taxpayers are justified to expect
that prisoners reimburse the United States Treasury
for the cost of their incarceration, and in addition,
that prisoners should make monetary restitution to
a fund which benefits the victims of crime;
(5) prisoners should be prohibited from engag-
ing in certain types of activities which are not
healthy and conducive to their successful rehabilita-
tion and restitution;
(6) prisoners should not have access to certain
amenities which are unnecessary, enhance leisure ac-
tivities, or do not promote successful rehabilitation;
(7) prisoners should not be guaranteed the
same wage and working conditions guaranteed to
hard working, law abiding Americans;
(8) existing Federal laws limit prisoners from
engaging in work, and do not impose mandatory
work requirements for prisoners; and
(9) existing barriers to prisoner labor should be
removed and Federal laws should be strengthened to
ensure that prisoners, their victims, taxpayers, and
society in general reap the maximum benefits and
positive values associated with work.
SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS.
(a) WORK REQUIREMENT.—Section 2905 of the
Crime Control Act of 1990 (18 U.S.C. 4121 note) is
amended by adding at the end of subsection (a) the follow-
ing: ‘‘Subject to this section, such inmates shall engage
in work for not less than 50 hours weekly. In addition
inmates shall engage job-training and educational and life
skills preparation study. In the event that opportunities
otherwise provided by law for inmates to work are not suf-
ficient to meet the requirements of the preceding sentence,
notwithstanding any other provision of law, the services
of prisoners may also be made available to nonprofit enti-
ties to carry out any of their business or other functions.
Each authority of the United States that makes grants
to nonprofit entities shall take appropriate action to in-
form such entities of the availability of inmates for this
purpose. The Attorney General shall make rules governing
the provision of services by inmates to such entities and
the payment of any wages or other compensation for such
services.’’.
(b) USE OF PRISON LABOR BY PRIVATE ENTITIES.—
(1) Section 4125(a) of title 18, United States
Code, is amended by inserting ‘‘, and notwithstand-
ing any other provision of law, to for-profit Amer-
ican entities either located in a foreign country or
considering moving to a foreign country by reason of
high domestic labor costs for work for those enti-
ties’’ after ‘‘Congress’’.
(2) The Attorney General may provide incen-
tives to American entities either located in a foreign
country or considering moving to a foreign country
by reason of high domestic labor costs, such as the
use of space and facilities in Federal prisons at a
free or reduced rate.
(3) The Attorney General shall make rules governing
the provision of services by prisoners to private for-profit
entities under this subsection and the amendment made
by this subsection. Such rules shall govern the wages and
other proceeds paid by entities for those services.
(c) USE OF REVENUES FROM PRISON LABOR.—
(1) There is established in the Treasury a Fund
(hereinafter in this subsection referred to as the
‘‘Fund’’.
(2) All proceeds and wages, less any taxes or
withholding required by Federal or State law, from
prison labor shall be placed in the Fund.
(3) The Fund shall be used, under guidelines
established by the Attorney General, as follows:
(A) One third shall be used to offset the
costs of prisoner incarceration.
(B) One third shall be used for victim res-
titution.
(C) One tenth to be held in a non-interest
bearing account for the individual prisoner, to
be paid on release from prison, but if the pris-
oner will not be eligible for release, then this
portion shall be immediately available for use
under subparagraph (B).
(D) The remainder to States for programs
to benefit the dependents of prisoners, but only
to those States the Attorney General deter-
mines have substantially the same prison work
requirements and prison conditions as estab-
lished for Federal prisoners.
SEC. 4. PRISONERS UNDER THE FAIR LABOR STANDARDS
ACT OF 1938 AND THE OCCUPATIONAL SAFE-
TY AND HEALTH ACT OF 1970.
(a) FAIR LABOR STANDARDS ACT OF 1938.—Section
3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)) is amended by adding at the end the following:
‘‘(5) The term ‘employee’ does not include a prisoner
confined in a Federal or State prison, in a prison of a
political subdivision of a State, or in a prison maintained
for the Federal Government, a State government, or politi-
cal subdivision government.’’.
(b) OCCUPATIONAL SAFETY AND HEALTH ACT OF
1970.—Section 3(6) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 652(6)) is amended by
adding at the end the following: ‘‘The term ‘employee’
does not include a prisoner confined in a Federal or State
prison, in a prison of a political subdivision of a State,
or in a prison maintained for the Federal Government,
a State government, or political subdivision government.’’.
SEC. 5. PRISON CONDITIONS.
The Bureau of Prisoners shall ensure that Federal
prisoners—
(1) do not smoke, use or possess any type of to-
bacco;
(2) do not possess, view or read pornographic
or sexually explicit materials;
(3) are subject to regular and random testing
for drugs and illegal substances;
(4) do not possess microwave ovens, hot plates,
toaster ovens, or televisions (unless provided by the
prison for group viewing), or VCRs;
(5) do not possess, or listen to, music which
contains lyrics that are violent, sexually explicit, vul-
gar, glamorize gang membership or activities, de-
mean women or disrespect law enforcement;
(6) do not view cable television which is not
educational in nature; and
(7) do not engage in sexual activity.
SEC. 6. CONVICT PILOT PROJECTS.
Section 1761(c)(1) of title 18, United States Code,
is amended by striking ‘‘—one of not more than 50’’.
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