ACLU Letter to the House Committee on the Judiciary Opposing H.R. 1829, the Federal Prison Industries Competition in Contracting Act of 2003

Chairman Jim Sensenbrenner, Jr.
Committee on the Judiciary

Ranking Member John Conyers, Jr.
Committee on the Judiciary

Dear Chairman Sensenbrenner and Ranking Member Conyers:

The American Civil Liberties opposes H.R. 1829 because it will eliminate thousands of jobs for prisoners who are far too often left idle and disconnected from structured programming while incarcerated. We urge the Judiciary Committee to vote no on its passage out of committee today.

Over 170,000 men and women comprise the federal Bureau of Prisons’ incarcerated population. Many of them leave the prison system every year with no money, limited job prospects and little hope for successfully navigating the difficult reentry process. Employment opportunities that allow prisoners to earn money, and save for their future promote self-confidence, provide critical job experience and prepare prisoners for their lives on the outside. H.R. 1829 ignores the benefits of productive work for prisoners. Although it authorizes alternative rehabilitative programs for federal prisoners, funding for these programs is unlikely to materialize during the appropriations process.

We share concerns about the operation of Federal Prison Industries (FPI) and understand the need for reforms to be implemented, but H.R. 1829’s damaging provisions that restrict prison industry options are unfair. Across the country prisoners safely work in the telemarketing, construction and data-entry fields. Under H.R. 1829, those opportunities will be lost for federal prisoners despite the fact that these positions are exactly the type of jobs a person leaving prison would find in his or her local community. Congress will create additional obstacles for former prisoners seeking work if this legislation is allowed to pass.

The ACLU advocates expanding prison industry programs that allow workers to operate in the competitive marketplace and create opportunities for prisoners in the private sector without displacing free workers or competing unfairly with businesses. Currently, many states and some localities, through federal Prison Industry Enhancement Certification (PIE), successfully offer such opportunities. Altering the current FPI program to include participation in PIE is an important reform for this committee to consider.

Former offenders’ ability to gain employment is one of two factors associated with a substantial decrease in recidivism. Therefore, a federal prison industries program that: encourages productive work; encourages competition; adheres to U.S. labor guidelines upheld by the courts; and benefits prisoners and the communities that welcome them home upon release will promote public safety.

The ACLU urges you to oppose this legislation and seek responsible, measured reforms to FPI in order to preserve prisoner employment. Thank you for your attention to this important issue.

Sincerely,

Laura W. Murphy,
Director,
ACLU Washington National Office

Elizabeth Alexander
Director,
ACLU National Prison Project