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                                                              Order Code 96-892 GOV
                                                                Updated July 17, 2003



 CRS Report for Congress

               Received through the CRS Web



         Federal Prison Industries: UNICOR

                             JoAnne O'Bryant
                     Domestic Social Policy Division

Summary


     UNICOR, the trade name for Federal Prison Industries, Inc. (FPI), is the
 government corporation that employs offenders incarcerated in federal prisons.1
 Established in 1934, UNICOR provides job training opportunities to federal inmates by
 producing goods and services for federal agencies. By statute, UNICOR products and
 services must be purchased by federal agencies (a requirement often referred to as
 superpreference, mandatory source, or sole source) and are not available for sale
 in interstate commerce or to non-federal entities. Federal agencies can obtain products
 from the private sector through a waiver issued by UNICOR if the corporation is unable
 to make the needed product or provide the required service.

     The debate on UNICOR's impact on the free market has been affected by tensions
 between competing interests that represent two social goods - the employment and
 rehabilitation of offenders and the need to protect jobs of law abiding citizens. FPI
 legislation introduced in the 108th Congress with provision on these issues include: S.
 346 (Levin), H.R. 1829 (Hoekstra), H. R. 1982 (Maloney), and H.R. 2417 (Goss). On
 December 28, 2001, the President signed the National Defense Authorization Act for
 FY2002 (P.L. 107-107) which contains a provision requiring FPI to compete for work
 projects for the Department of Defense (DOD) if their products are not comparable in
 price, quality, and time of delivery as the private sector. H.R. 1982 and S. 346 were
 introduced in the 108th Congress to establish similar policy on competing for
 government-wide procurement. Updates on this report will be made as legislative action
 occurs.


 Most Recent Developments

    Federal Prison Industries (FPI) has continued to receive attention in the 108th
Congress. Like legislation introduced in the previous Congress, H.R. 1829 proposes to
gradually eliminate a requirement for federal agencies to purchase products and services
obtained from FPI. At the end of first session of the 107'h Congress, the enactment of the


Congressional Research Service + The Library of Congress


1 State prison industry programs are administered by the states, are not associated with UNICOR,
and are not discussed in this report.