BJA FY 11 Prison Industry Enhancement Certification Technical Assistance Program

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The Crime Control Act of 1990 (Pub. L. 101-647) continues the Prison Industry Enhancement Certification Program (PIECP), which was originally authorized within the Justice System Improvement Act of 1979 (Pub. L. 96-157). This legislation provides exemption from federal constraints on the marketability of prisoner-made goods by permitting the sale of these products in interstate commerce (18 U.S.C. 1761(c)), the Sumners-Ashurst Act, 1948) and contracting in excess of $10,000 with the Federal Government (41 U.S.C. 35(d), the Walsh-Healey Act, 1936). Fifty non-federal prison industry programs may be certified for this exemption when their operations have been determined by the Director, Bureau of Justice Assistance, to meet statutory and guideline requirements. Currently, there are 44 certifications that have been issued to support PIECP operations throughout the United States. In FY 2011, this program is funded through the Edward Byrne Memorial Competitive Grant Program. The program was created to encourage states and counties to establish employment opportunities for inmates that approximate those found in the private sector. States or counties participating in the program must have statutory authority to administer prison industry projects. Project officials shall consult with organized labor and local private industry prior to start-up; pay prevailing local wages; assure that the certified program will not displace free-world workers; employ inmates only on a voluntary basis; provide benefits including the compensation of injured workers; comply with all National Environmental Policy Act (NEPA) requirements; and involve the private sector. The Prison Industry Enhancement Certification Technical Assistance Program (PIECTAP) will provide assistance to entities that hold PIECP certificates and to entities interested in applying for PIECP certificates.

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