II

107TH CONGRESS

1ST SESSION S. 1295

To amend title 18, United States Code, to revise the requirements for procurement of products of Federal Prison Industries to meet needs of Federal

agencies, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 1, 2001

Mr. LEVIN (for himself and Mr. THOMAS) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to revise the requirements for procurement of products of Federal Prison

Industries to meet needs of Federal agencies, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PURCHASES FROM FEDERAL PRISON INDUS4 TRIES.

5 (a) REVISION OF PREFERENCE.—Section 4124 of

6 title 18, United States Code, is amended by striking sub7 sections (a) and (b) and inserting the following:
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1 ‘‘(a) A Federal agency that has a requirement for a

2 specific product listed in the current edition of the catalog

3 required by subsection (d) shall—

4 ‘‘(1) provide a copy of the notice required by

5 section 18 of the Office of Federal Procurement Pol6 icy Act (41 U.S.C. 416) to Federal Prison Indus7 tries at least 15 days before the issuance of a solici8 tation of offers for the procurement of such product;

9 ‘‘(2) use competitive procedures for the procure10 ment of that product unless—

11 ‘‘(A) the head of that agency justifies the

12 use of procedures other than competitive proce13 dures in accordance with section 2304(f) of title

14 10 or section 303(f) of the Federal Property

15 and Administrative Services Act of 1949 (41

16 U.S.C. 253(f)); or

17 ‘‘(B) the Attorney General makes the de18 termination described in subsection (b)(1) with19 in 15 days after receiving a notice of the re20 quirement pursuant to paragraph (1); and

21 ‘‘(3) consider a timely offer from Federal Pris22 on Industries for award in accordance with the spec23 ifications and evaluation factors specified in the so24 licitation.
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1 ‘‘(b) A Federal agency that has a requirement for a

2 product referred to in subsection (a) shall—

3 ‘‘(1) enter into negotiations with Federal Prison

4 Industries on a contract for the purchase of the

5 product on a noncompetitive basis if the Attorney

6 General personally determines, within the period de7 scribed in subsection (a)(2)(B), that—

8 ‘‘(A) it is not reasonable to expect that

9 Federal Prison Industries would be selected for

10 award of the contract on a competitive basis;

11 and

12 ‘‘(B) it is necessary to award the contract

13 to Federal Prison Industries in order—

14 ‘‘(i) to maintain work opportunities

15 that are essential to the safety and effec16 tive administration of the penal facility at

17 which the contract would be performed; or

18 ‘‘(ii) to permit diversification into the

19 manufacture of a new product that has

20 been approved for sale by the Federal Pris21 on Industries board of directors in accord22 ance with this chapter; and

23 ‘‘(2) award the contract to Federal Prison In24 dustries if the contracting officer determines that

25 Federal Prison Industries can meet the requirements
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1 of the agency with respect to the product in a timely

2 manner and at a fair and reasonable price.’’.

3 (b) CONFORMING AMENDMENTS.—Subsection (c) of

4 such section is amended—

5 (1) by striking ‘‘Federal department, agency,

6 and institution’’ in the first sentence and inserting

7 ‘‘Federal agency’’; and

8 (2) by striking ‘‘department, agency, or institu9 tion’’ in the second sentence and inserting ‘‘Federal

10 agency’’.

11 SEC. 2. LIMITATION ON NEW PRODUCTS AND EXPANSION

12 OF PRODUCTION.

13 Section 4122(b) of title 18, United States Code, is

14 amended—

15 (1) by redesignating paragraphs (4), (5), and

16 (6) as paragraphs (5), (6), and (7), respectively;

17 (2) by inserting after paragraph (3) the fol18 lowing new paragraph (4):

19 ‘‘(4) Federal Prison Industries shall, to the maximum

20 extent practicable, concentrate any effort to produce a new

21 product or to expand significantly the production of an

22 existing product on products that are otherwise produced

23 with non-United States labor.’’; and
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1 (3) in paragraph (6), as so redesignated, by

2 striking out ‘‘paragraph (4)(B)’’ and inserting in

3 lieu thereof ‘‘paragraph (5)(B)’’.

4 SEC. 3. RESTRICTION ON INMATE ACCESS TO SENSITIVE IN5 FORMATION.

6 (a) IN GENERAL.—Chapter 307 of title 18, United

7 States Code, is amended by adding at the end the fol8 lowing new section:

9 ‘‘§ 4130. Restriction on inmate access to sensitive in10 formation

11 ‘‘The board of directors of Federal Prison Industries

12 may not approve a proposal for inmates to provide a serv13 ice in which an inmate worker has access to any of the

14 following information:

15 ‘‘(1) Personal or financial information about an

16 individual (including any information that relates to

17 the individual’s real property, however described)

18 unless the individual has been notified that the in19 mate is to have access to the information.

20 ‘‘(2) Any data that—

21 ‘‘(A) is classified in the interest of national

22 defense or foreign policy; or

23 ‘‘(B) will become classified in such interest

24 after being merged with other data.
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1 ‘‘(3) Geographic data regarding the location

2 of—

3 ‘‘(A) any surface or subsurface infrastruc4 ture for providing communications, water, or

5 electrical power distribution;

6 ‘‘(B) any pipeline for the distribution of

7 natural gas, bulk petroleum products, or other

8 commodity; and

9 ‘‘(C) any other utility.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of such chapter is amended by adding

12 at the end the following new item:

‘‘4130. Restriction on inmate access to sensitive information.’’.

13 SEC. 4. PROHIBITIONS ON REQUIRING SUBCONTRACTING

14 WITH FEDERAL PRISON INDUSTRIES.

15 (a) IN GENERAL.—Chapter 307 of title 18, United

16 States Code, as amended by section 3, is further amended

17 by adding at the end the following new section:

18 ‘‘§ 4131. Prohibition on requiring subcontracting with

19 Federal Prison Industries

20 ‘‘(a) A contractor or potential contractor of the

21 United States may not be required to use Federal Prison

22 Industries as a subcontractor or supplier of products, or

23 as a provider of services, under a contract of the United

24 States by any means, including such means as—
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1 ‘‘(1) a contract solicitation of offers for a con2 tract that requires offers to contain a commitment

3 to use Federal Prison Industries, its products, or its

4 services in the performance of the contract;

5 ‘‘(2) a contract specification that requires the

6 contractor to use a specific product or service (or

7 class of products or services) offered by Federal

8 Prison Industries in the performance of the contract;

9 and

10 ‘‘(3) any contract modification that imposes a

11 requirement to use Federal Prison Industries, its

12 products, or its services in the performance of the

13 contract.

14 ‘‘(b) In this section, the term ‘contractor’ includes a

15 subcontractor of a contractor at any tier under a con16 tract.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 of the beginning of such chapter, as amended by section

19 3, is further amended by adding at the end the following

20 new item:

‘‘4131. Prohibition on requiring subcontracting with Federal Prison Industries.’’.
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1 SEC. 5. UNLAWFUL TRANSPORTATION OR IMPORTATION OF

2 PRODUCTS, SERVICES, OR MINERALS RE3 SULTING FROM CONVICT LABOR.

4 Section 1761 of title 18, United States Code, is

5 amended—

6 (1) in subsection (a), by inserting after ‘‘any

7 goods, wares, or merchandise manufactured, pro8 duced, or mined, wholly or in part by convicts or

9 prisoners,’’ the following: ‘‘or sells in interstate com10 merce any services furnished wholly or in part by

11 convicts or prisoners,’’; and

12 (2) in subsection (c), by inserting ‘‘, or services

13 furnished,’’ after ‘‘or mined’’ in the matter pre14 ceding paragraph (1).

15 SEC. 6. EFFECTIVE DATE.

16 The amendments made by this Act shall take effect

17 180 days after the date of the enactment of this Act.

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