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 prod-
ucts 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Defense 
Textile and Apparel Procurement Fairness Act’’. 
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SEC. 2. SPECIAL RULE RELATING TO PURCHASES BY THE 
DEPARTMENT OF DEFENSE OF TEXTILE AND 
APPAREL PRODUCTS OF FEDERAL PRISON 
INDUSTRIES. 
(a) SPECIAL RULE.—Section 2410n of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(h) TEXTILE
AND APPAREL PRODUCTS.—(1)(A) 
Notwithstanding subsection (b), the Secretary of Defense 
may not purchase a textile or apparel product for which 
Federal Prison Industries has a significant market share. 
‘‘(B) For purposes of this paragraph, Federal Prison 
Industries shall be treated as having a significant market 
share for a textile or apparel product if the Secretary, in 
consultation with the Administrator for Federal Procure-
ment Policy, determines that the Federal Prison Indus-
tries share of the Department of Defense market for the 
product is greater than 5 percent. 
‘‘(C) Federal Prison Industries may not submit an 
offer for a contract with the Department of Defense for 
any textile or apparel product reserved for small busi-
nesses. 
‘‘(D) Not later than January 1 of each year, the Sec-
retary of Defense shall submit to Congress a report relat-
ing to textile and apparel product purchases pursuant to 
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this subsection. The report shall contain information on 
the following: 
‘‘(i) Market research determinations that led to 
the award of contracts for textile or apparel prod-
ucts to Federal Prison Industries. 
‘‘(ii) A detailed statement on the disbursement 
of funds to Federal Prison Industries under all con-
tracts for textile and apparel products with the De-
partment of Defense during the preceding fiscal 
year. 
‘‘(iii) The effect of Federal Prison Industries’ 
preference (in section 4124(d) of title 18) on textile 
and apparel products in the private sector. 
‘‘(E) Federal Prison Industries may not continue to 
perform under a contract for a textile or apparel product 
under its preference (in section 4124(d) of title 18) if, 
after receiving the award of that contract, Federal Prison 
Industries subsequently subcontracts the work intended to 
be done by Federal prisoners to another entity. 
‘‘(F) If the Department of Defense reduces the quan-
tity of items to be delivered under any indefinite delivery- 
indefinite quantity contract for a textile or apparel prod-
uct, the Department shall reduce Federal Prison Indus-
tries’ share of the contract by the same percentage that 
it reduces industry’s share of the contract. 
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‘‘(2) In this subsection, the term ‘product’ means an 
individual end item purchased by the Department or an 
item with an individual National Stock Number.’’. 
(b) CONFORMING AMENDMENT.—Subsection (b)(1) 
of such section is amended by striking ‘‘The Secretary’’ 
and inserting ‘‘Except as provided in subsection (h), the 
Secretary’’. 
Æ 
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