I 

112TH CONGRESS 

1ST SESSION H. R. 2312 

To amend title 10, United States Code, to provide a special rule with respect 

to purchases by the Department of Defense of textile and apparel products of Federal Prison Industries. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2011 

Mr. JONES (for himself and Mr. KISSELL) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide a special 

rule with respect to purchases by the Department of 

Defense of textile and apparel products of Federal Prison 

Industries. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Textile and Apparel Procurement Fairness Act’’. 


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1 SEC. 2. SPECIAL RULE RELATING TO PURCHASES BY THE 

2 DEPARTMENT OF DEFENSE OF TEXTILE AND 

3 APPAREL PRODUCTS OF FEDERAL PRISON 

4 INDUSTRIES. 

5 (a) SPECIAL RULE.—Section 2410n of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new subsection: 

8 ‘‘(h) TEXTILE AND APPAREL PRODUCTS.—(1)(A) 

9 Notwithstanding subsection (b), the Secretary of Defense 

10 may not purchase a textile or apparel product for which 

11 Federal Prison Industries has a significant market share. 

12 ‘‘(B) For purposes of this paragraph, Federal Prison 

13 Industries shall be treated as having a significant market 

14 share for a textile or apparel product if the Secretary, in 

15 consultation with the Administrator for Federal Procure16 ment Policy, determines that the Federal Prison Indus17 tries share of the Department of Defense market for the 

18 product is greater than 5 percent. 

19 ‘‘(C) Federal Prison Industries may not submit an 

20 offer for a contract with the Department of Defense for 

21 any textile or apparel product reserved for small busi22 nesses. 

23 ‘‘(D) Not later than January 1 of each year, the Sec24 retary of Defense shall submit to Congress a report relat25 ing to textile and apparel product purchases pursuant to 


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1 this subsection. The report shall contain information on 

2 the following: 

3 ‘‘(i) Market research determinations that led to 

4 the award of contracts for textile or apparel prod5 ucts to Federal Prison Industries. 

6 ‘‘(ii) A detailed statement on the disbursement 

7 of funds to Federal Prison Industries under all con8 tracts for textile and apparel products with the De9 partment of Defense during the preceding fiscal 

10 year. 

11 ‘‘(iii) The effect of Federal Prison Industries’ 

12 preference (in section 4124(d) of title 18) on textile 

13 and apparel products in the private sector. 

14 ‘‘(E) Federal Prison Industries may not continue to 

15 perform under a contract for a textile or apparel product 

16 under its preference (in section 4124(d) of title 18) if, 

17 after receiving the award of that contract, Federal Prison 

18 Industries subsequently subcontracts the work intended to 

19 be done by Federal prisoners to another entity. 

20 ‘‘(F) If the Department of Defense reduces the quan21 tity of items to be delivered under any indefinite delivery22 indefinite quantity contract for a textile or apparel prod23 uct, the Department shall reduce Federal Prison Indus24 tries’ share of the contract by the same percentage that 

25 it reduces industry’s share of the contract. 


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1 ‘‘(2) In this subsection, the term ‘product’ means an 

2 individual end item purchased by the Department or an 

3 item with an individual National Stock Number.’’. 

4 (b) CONFORMING AMENDMENT.—Subsection (b)(1) 

5 of such section is amended by striking ‘‘The Secretary’’ 

6 and inserting ‘‘Except as provided in subsection (h), the 

7 Secretary’’. 

Æ 


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