II

106TH CONGRESS

1ST SESSION S. 766

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

APRIL 12, 1999

Mr. LEVIN (for himself, Mr. ABRAHAM, Mr. ROBB, Mr. HELMS, and Mr.

FEINGOLD) 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 Section 4124 of title 18, United States Code, is

6 amended by striking out subsections (a) and (b) and in7 serting in lieu thereof the following new subsections (a)

8 and (b):
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1 ‘‘(a) A Federal agency which has a requirement for

2 a specific product listed in the current edition of the cata3 log 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 the 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 which has a requirement for

2 a product referred to in subsection (a) shall—

3 ‘‘(1) on a noncompetitive basis, negotiate a con4 tract with Federal Prison Industries for the pur5 chase of the product if the Attorney General person6 ally determines, within the period described in sub7 section (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 SEC. 2. LIMITATION ON NEW PRODUCTS AND EXPANSION

4 OF PRODUCTION.

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

6 amended—

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

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

9 (2) by inserting after paragraph (3) the fol10 lowing new paragraph (4):

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

12 extent practicable, concentrate any effort to produce a new

13 product or to expand significantly the production of an

14 existing product on products that are otherwise produced

15 with non-United States labor.’’; and

16 (3) in paragraph (6), as so redesignated, by

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

18 lieu thereof ‘‘paragraph (5)(B)’’.

19 SEC. 3. EFFECTIVE DATE.

20 The amendments made by this Act shall take effect

21 180 days after the date of the enactment of this Act.

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