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H.R. 2965, the Federal Prison Industries Competition in Contracting Act of 2005

August 3, 2009
Committee Remark
Rep. Maxine Waters [D-CA]: Mr. Chairman, I have an amendment at the desk designated as "Waters-004."  This amendment is a "sense of the Congress" provision that seeks to add clarity to the work-based program newly established in Section 17 of the Amendment in Nature of a Substitute that I support today.  As drafted, the "heart" of the wage provision of the work-based program is only an alternative to a scenario where the Secretary of Labor – at her discretion – promulgates an inmate training wage.  Only in the event that the Secretary fails to do so within 180 days may she prescribe an interim training wage that is no less than 50% of the prevailing federal minimum wage – a provision that, in and of itself, is conditional.

Since I began my career in the 102nd Congress, I have continually stressed the importance of providing a realistic economic base for individuals making the transition from federal prison to the community.  Already faced with the pressing need to provide a means of subsistence – food, shelter, and healthcare, the truth is that many of the individuals who are fortunate enough to make it out of the system will start "in the red."  With no money in their pockets upon reentry into the community, we give them even more reasons to justify recidivism to pay for baby formula, HIV medication, or even a hot meal for one night. 

For these reasons, during the 107th Congress when the Committee of the Whole considered this measure, I worked with my colleagues to include a provision that would establish a $2.50 minimum wage "floor" to eradicate the severe economic disparities created by the existing wage scale that spans from $0.23 to a mere $1.15 per hour for inmates whose term of imprisonment will expire within 2 years.  I thank my colleagues for retaining this important language in Section 6 of the Substitute Amendment and its policy in Sections 11(d) and 17(c).   Coupled with a provision that would raise the overall hourly wage "ceiling" for all participants in Federal Prison Industries to 50% of the prevailing federal minimum wage – which is $5.15 this year – offered by my colleague from California Ms. Millender-McDonald, this Substitute takes a good first step toward providing a realistic and livable economic base for individuals reentering the community from the federal system. 

By and large, the individuals for whom I make my most passionate appeals are those who deserve a second chance – those who did not commit heinous and violent crimes and who have truly paid their debt to society for their transgressions.  Many of these individuals have been forced to break the law to put food on the table for their families.  In the real world, individuals who reenter the community from incarceration already have families who depend upon them and have no job waiting for them.  To further exacerbate this situation, many employers will outright reject their application for a job once they find out that an applicant has a prior conviction without assessing them on their merits. 

Nevertheless, the work-based program established in Sections 10 and 11 of the Substitute Amendment makes a good effort to help these individuals by giving them a chance to earn an apprenticeship certificate to substantiate their work experience.  In fact, the spirit of this program is consistent with the "Prisoner Re-entry Initiative" proposed by President Bush in his State of the Union Address that called for a four-year, $300 million initiative to "reduce recidivism and the societal costs of reincarceration by helping inmates find work when they return to their communities." 

In addition, HR 5672, the FY 2007 Science, State, Justice, Commerce, and Related Agencies Appropriations Act funded the construction of areas for inmate work programs by $14,000,000.  Assurance from Congress that federal inmates participating in the work-based program will earn competitive wages will attract private employers to enroll – which in turn will lead to higher efficiencies for the overall Federal Prison Industries system.  

Therefore, Mr. Chairman and Mr. Ranking Member, I urge my colleagues to accept this simple but meaningful amendment, and I yield back the balance of my time.

Click the link to watch the video of the hearing.

https://www.house.gov/waters/media/7-12-06_Committee_Markup.wmv

 

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