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Appendix A: Key Personnel in FPI History

BOP Directors, 1930-1996

Sanford Bates 1930-1937
James V. Bennett 1937-1964
Myrl E. Alexander 1964-1970
Norman A. Carlson 1970-1987
J. Michael Quinlan 1987-1992
Kathleen M. Hawk 1992-present

Assistant Directors for Industries, 1930-1996

James V. Bennett 1934-1937
A. H. Conner 1938-1960
Fred T. Wilkinson 1960-1961
Preston G. Smith 1961-1965
T. Wade Markley 1965-1966
Olin C. Minton 1967-1969
J. T. Willingham 1969-1971
John J. Clark 1971-1972
Loy S. Hayes 1972-1973
David C. Jelinek 1974-1979
Gerald Farkas 1979-1989
Richard Seiter 1989-1993
Steve Schwalb 1993-present

FPI Board Members, 1934-1996

Original Members Appointed By President Roosevelt:

Sanford Bates 1934-1972
Dr. Marion L. Brittain 1934-1952
Sam A. Lewisohn 1934-1951
Thomas A. Rickert 1934-1941
Judge John B. Miller 1934-1937

Representing Agriculture:

Judge John B. Miller 1934-1937
Emil Schram 1938-1966
Dr. William E. Morgan 1966 to present

Representing the Attorney General:

Sanford Bates 1934-1972
Peter B. Bensinger 1974-1984
Richard Abell 1985-1990
Shirley D. Peterson 1991-1992
Harry H. Flickinger 1992-1992
Stephen R. Colgate 1994 to present

Representing the Secretary Defense:

E. Earle Rives 1949-1953
Frank A. Reid 1953-1959
John Marshall Briley 1960-1988*
Robert Q. Millan 1989-1996
Todd A. Weiler 1996- to present

* Board Member Emeritus: 1989-1990

Representing Industry:

Dr. Marion L. Brittain 1934-1951
Berry N. Beaman 1954-1976
Daryl F. Grisham 1979-1982
Paul T. Shirley 1982-1990
Mark J. D'Arcangelo 1991-1995*
Susan A. Loewenberg 1995 to present

* Chairman Emeritus: May 1995-present

Representing Labor:

Thomas A. Rickert 1934-1941
Robert J. Watt 1943-1947
George Meany 1947-1979
Lane Kirkland 1980-1988
Kenneth Young 1994-1995
Richard G. Womack 1996-present

Representing Retailers & Consumers:

Sam A. Lewisohn 1934-1951
James L. Palmer 1951-1976
Monica Herrera Smith 1979-1984
Donald A. Schwartz 1985-1992
Thomas N. Tripp 1993-1994
Joseph M. Aragon 1994 to present


Appendix B: Legislation Authorizing FPI

AN ACT

To provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the Attorney General to provide employment for all physically fit inmates in the United States penal and correctional institutions in such diversified forms as will reduce to a minimum competition with private industry or free labor.

SEC. 2. The Attorney General may make available the services of United States prisoners to the heads of the several departments under such terms, conditions, and at such rates as may be mutually agreed upon, for the purpose of constructing or repairing roads the cost of which is borne exclusively by the United States; clearing, maintaining, and reforesting public lands; building levees; and for construction or repairing any other public ways or works which are or may be financed wholly or in major part by funds appropriated from the Treasury of the United States. To carry out the purpose of this section the Attorney General may establish, equip, and maintain camps upon sites selected by him and designate such camps as a place for confinement of persons convicted of an offense against the laws of the United States, or transfer thereto any person convicted of any offense against the laws of the United States. The expenses of transferring and maintaining prisoners at such camps shall be paid from the appropriation "Support of United States prisoners," and said appropriation may, in the discretion of the Attorney General, be reimbursed for such expenses.

SEC. 3. The Attorney General shall establish such industries as will produce articles and commodities for consumption in United States penal and correctional institutions or for sale to the departments and independent establishments of the Federal Government and not for sale to the public in competition with private enterprise: Provided, That any industry established under authority of this Act be so operated as not to curtail the production within its present limits, of any existing arsenal, navy yard, or other Government work shop. In establishing said industries the Attorney General shall provide such forms of employment in the Federal penal and correctional institutions as will give the inmates a maximum opportunity to acquire a knowledge and skill in trades and occupations which will provide them with a means of earning a livelihood upon release. The industries to be established by the Attorney General under authority of this section may be either within the precincts of any penal or correctional institution or in any convenient locality where an existing property may be obtained by lease, purchase, or otherwise.

SEC. 4. In lieu of the working-capital funds authorized for the textile mill at Atlanta Penitentiary by the Act approved July 10, 1918 (chapter 144, Fortieth Statute, page 897; section 799, title 18, United States Code), and for the shoe factory at the Leavenworth Penitentiary by the Act approved February 11, 1924 (chapter 17, Forty-third Statute, page 7; section 772, title 18, United States Code), there is hereby created a consolidated prison industries working-capital fund which shall be available for carrying on industrial enterprises at any of the several Federal penal and correctional institutions heretofore or hereafter established.

SEC. 5. All money appropriated for, or now on deposit with the Treasurer of the United States to the credit of the said working-capital funds at Atlanta Penitentiary and Leavenworth Penitentiary, shall be credited to the consolidated prison industries working-capital fund herein authorized. All money received from the sale of the products or by-products of such industries as are now or hereafter established, or for the services of said United States prisoners, shall be placed to the credit of said prison industries working-capital fund, which may be used as a revolving fund. There are authorized to be appropriated such additional sums as may from time to time be necessary to carry out the provisions of this Act.

SEC. 6. The prison industries working-capital fund shall be administered and disbursed by or under the direction of the Attorney General, and shall be available for the purchase, repair, or replacement of industrial machinery or equipment; for the purchase of raw materials; for compensation to inmates employed in any industry under rules and regulations promulgated from time to time by the Attorney General; for the employment of necessary civilian officers and employees engaged in any industrial enterprise at any of the Federal penal and correctional institutions and in the District of Columbia; for the repair, alteration, erection, and maintenance of industrial buildings and equipment; and for travel and any other expenses incident to or connected with the establishment, operation, or maintenance of such prison industries as are now established or may hereafter be established by the Attorney General at the several penal and correctional institutions.

SEC. 7. The several Federal departments and independent establishments and all other Government institutions of the United States shall purchase at not to exceed current market prices, such products of the industries herein authorized to be carried on as meet their requirements and as may be available and are authorized by the appropriations from which such purchases are made. Any disputes as to the price, quality, suitability or character of the products manufactured in any prison industry and offered to any Government department shall be arbitrated by a board consisting of the Comptroller General of the United States, the Superintendent of Supplies of the General Supply Committee, and the Chief of the United States Bureau of Efficiency, or their representatives. The decision of said board shall be final and binding upon all parties.

SEC. 8. The Act of Congress approved June 21, 1902 (Chapter 1140, Thirty-second Statutes, page 39i), as amended by the Act of April 27, 1906 (Chapter 1997, Thirty-fourth Statutes, page 149; sections 710 to 712a, inclusive, title 18, United States Code), providing for commutation of sentences of United States prisoners for good conduct shall be applicable to prisoners engaged in any industry, or transferred to any camp established under authority of this Act; and in addition thereto each prisoner, without regard to length of sentence, may, in the discretion of the Attorney General, be allowed, under the same terms and conditions as provided in the Acts of Congress referred to in this section, a deduction from his sentence of not to exceed three days for each month of actual employment in said industry or said camp for the first year or any part thereof, and for any succeeding year or any part thereof not to exceed five days for each month of actual employment in said industry or said camp.

SEC. 9. All Acts and parts of Acts in conflict herewith are hereby repealed.

Approved, May 27, 1930.

[PUBLIC--No. 461--73D CONGRESS]
[H.R. 9404]
AN ACT

To authorize the formation of a body corporate to insure the more effective diversification of prison industries, and for other purposes.

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That in order more effectively to carry out the policy and purposes of the Act of May 27, 1930 (46 Stat. 391; U. S. C., title 18, sec. 711), entitled "An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for others purposes," the President is hereby authorized and empowered, in his discretion, to create a body corporate of the District of Columbia to be known as "Federal Prison Industries," which shall be a governmental body.

SEC. 2. The President shall appoint a board of directors of said corporation which shall consist of five persons, one of whom shall be a representative of industry, one a representative of labor, one a representative of agriculture, one a representative of retailers and consumers, and one a representative of the Attorney General. The board of directors shall serve at the will of the President and without compensation.

SEC. 3. The President shall transfer to said corporation the duty of determining in what manner and to what extent industrial operations shall be carried on in Federal penal and correctional institutions and may transfer to said corporation any part or all of the other powers and duties now vested in the Attorney General or any other officer or employee of the United States by said Act of May 27, 1930. It shall be the duty of the board of directors to diversify so far as practicable prison industrial operations and so operate the prison shops that no single private industry shall be forced to bear an undue burden of competition from the products of the prison workshops.

SEC. 4. The Secretary of the Treasury is hereby authorized and directed, upon the formation of the corporation, to transfer to a fund to be known as the "Prison Industries Fund" all balances then standing to the credit of the prison industries working-capital fund. All moneys under the control of the corporation shall be deposited or covered into the Treasury of the United States to the credit of said fund and withdrawn therefrom only pursuant to accountable warrants or certificates of settlement issued by the General Accounting Office. All valid claims and obligations payable out of said fund shall be assumed by the corporation. The corporation is hereby authorized to employ the aforesaid fund, and any earnings that may hereafter accrue to the corporation, as operative capital for the purposes enumerated in the said Act of May 27, 1930, and in accordance with the laws generally applicable to the expenditures of the several departments and establishments of the Government, and also for the payment of compensation in such amounts as the Attorney General may authorize to inmates of penal institutions or their dependents for injuries suffered in any industry: Provided, That in no event shall compensation be paid in a greater amount than that provided in the Federal Employees' Compensation Act of September 7, 1916, as amended. Accounts of all receipts and disbursements of the corporation shall be rendered to the General Accounting Office in such manner, to such extent, and at such times as the Comptroller General of the United States may direct for settlement and adjustment pursuant to title III of the act of June 10, 1921 (42 Stat. 23), and such accounting shall include all fiscal transactions of the corporation, whether involving appropriated moneys, capital, or receipts from other sources.

SEC. 5. The board of directors shall make an annual report to Congress on the conduct of the business of the corporation and on the conditions of its funds.

SEC. 6. This Act is supplemental to the Act of Congress approved May 27, 1930, and in the event of the failure of the corporation to act as herein authorized the Attorney General shall not be limited in carrying out the duties conferred upon him by the Act approved May 27, 1930.

Approved, June 23, 1934.


Appendix C: Presidential Order Established FPI

EXECUTIVE ORDER

Creating A Body Corporate To Be Known As Federal Prison Industries, Inc.

By virtue of the authority vested in me by the Act of June 23, 1934, (Public No. 461, 73rd Congress), it is hereby ordered that a corporation of the District of Columbia be and is hereby created, said Corporation to be named as

FEDERAL PRISON INDUSTRIES, INC.

1. The governing body of said corporation shall consist of a board of five directors to hold office at the pleasure of the President. The following persons shall constitute the first Board of Directors:

Mr. Sanford Bates
Dr. M. L. Brittain
Mr. Thomas A. Rickert
Mr. Sam A. Lewisohn
Hon. John B. Miller

2. The principal office of said corporation shall be in the City of Washington, District of Columbia, but the corporation shall have power and authority to establish such other offices or agencies as it may deem necessary or appropriate.

3. The said corporation shall have power to determine in what manner and to what extend industrial operations shall be carried on in the several penal and correctional institutions of the United States and shall, so far as practicable, so diversify prison industrial operations that no single private industry shall be forced to bear an undue burden of competition with the products of the prison workshops. It shall also have power to do all things it is authorized to do by the said Act of June 23, 1934, and all things incident to or necessary or proper in the exercise of its functions.

4. Pursuant to the provisions of Section 4 of the said Act, the Secretary of the Treasury is directed to transfer to a fund to be known as "the Prison Industries Fund" all balances standing to the credit of the Prison Industries Working Capital Fund on the books of the Treasury and the corporation is authorized to employ the aforesaid fund and any earnings that may hereafter accrue to the corporation, as operating capital.

5. The Attorney General is directed to transfer to the corporation hereby created all personal property, assets, accounts receivable, and equipment of any and every kind now under the jurisdiction of the Industrial Division of the Bureau of Prisons of the Department of Justice.

6. The corporation shall assume all valid claims and obligations now payable out of the Prison Industries Working Capital Fund.

7. Said corporation shall have power to sue and be sued.

8. Any vacancies occurring in the membership of the Board of Directors shall be filled by the President of the United States.

9. The heads of the several executive departments, independent establishments and Government owned and Government controlled corporations shall cooperate with the corporation in carrying out its duties and shall purchase, at not to exceed current market prices, the products or services of said industries, to the extent required or permitted by law.

10. All powers and duties vested in the Attorney General and not specifically transferred to the corporation by said Act of June 23, 1934, or by this Executive Order and assumed by said corporation, shall remain vested in the Attorney General or his duly qualified representatives as heretofore.

FRANKLIN D. ROOSEVELT

The White House, (No. 6917)
December 11, 1934

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