Statement of the
Honorable Nydia M. Velázquez
House Committee on Small Business
Hearing on Federal Prison Industries


One of the most important roles this committee plays is to serve as a "watch dog" for the interest of small businesses. Too often, even though small businesses remain the driving force in the economy, they must do so on a less than level playing field. In our work, we see a whole host of examples where small businesses are forced to compete without many of the advantages enjoyed by their competitors. Time after time, whether it is health care, pension or worker training, we have one set of rules for small business and one set for corporate America.

This committee has well documented the unfair treatment that small businesses have received in the federal marketplace through such practices as contract bundling --- where we have seen opportunity after opportunity stolen from small businesses, all in the name of streamlining government. Unfortunately, we all know the real story, which is the fact that due to these practices, small businesses are being streamlined right out of business without a single penny of tax payer money saved.

Today, we look at another form of unfair competition for small businesses, that coming from the federal prison industry. The idea behind FPI is to use work as a means of rehabilitation and to teach inmates a skill which can be used to put them back on the right track. Every member of the committee supports this --- if it was only that simple. Unfortunately, somewhere along the way, this honorable goal has gone awry. This laudable goal of giving individuals a means for a second chance has turned into an industry who's sole focus is not rehabilitation, but turning a profit.

In just 5 years, the number of industries FPI's are involved with has nearly doubled, making them the 40th largest federal contractor, just ahead of Motorola. This level of involvement might be justified, but when you realize that while FPI has become a "Mega" contractor, it benefits only 17 percent of the federal prison population --- clearly something is wrong.

FPI have expanded their fiefdom through the use of preferential contracting treatment, exemption from such labor laws as OSHA and minimum wage standards to an endless line of credit from the federal government. FPI has used these benefits to expand its market share. When you look at how the playing field has become so skewed in favor of FPI, it is little wonder any small business can compete.

Compounding these advantages is that FPI are not even held to basic standards of product quality or requirements to meet deadlines. If any one of the small businesses testifying today ran their business the way FPI does, they would quickly find themselves out of business. This is especially concerning because many of the products that come from FPI are used by the troops in our military, and agencies like FAA that ensure safe transportation. These are areas that can not be taken lightly. We have an obligation to ensure that the public is safe guarded.

Today, the committee will examine just how to put the breaks on the runaway train that is Federal Prison Industries. But one thing is clear, the FPI system is robbing small businesses of opportunities with little or no benefits to this nation's inmates, and that must change.

I do believe that we can have the principle of using the federal marketplace as a tool in the rehabilitation process of inmates, but it must be balanced and it must be fair. The current practice is weighted too far in favor of FPI with very little demonstrated benefit, while clearly costing our nation's small businesses jobs and opportunities. I hope that today's hearing will allow us to find solutions to this problem that will benefit everyone.



House Small Business Committee Democrats
B343-C Rayburn HOB
Washington, D.C. 20515
(202) 225-4038