Federal Prison Industries Competition in Contracting Act of 2015

Bill: 114-hr-1699
Sponsor: Rep. Huizenga, Bill [R-MI-2]
Introduced: 2015-03-26 in the House
Policy area: Crime and Law Enforcement
Subjects: Academic performance and assessments
Administrative law and regulatory procedures
Administrative remedies
Charitable contributions
Competition and antitrust
Congressional oversight
Corporate finance and management
Correctional facilities and imprisonment
Employment and training programs
Employment discrimination and employee rights
Executive agency funding and structure
Federal Prison Industries, Inc.
Federal officials
Government corporations and government-sponsored enterprises
Government studies and investigations
Public contracts and procurement
Vocational and technical education
Wages and earnings

Summary:
action_date: 2015-03-26
text: 

Federal Prison Industries Competition in Contracting Act of 2015 

 
Amends federal criminal code provisions relating to Federal Prison Industries, Incorporated (FPI) to establish governmentwide procurement policies for purchases from FPI based upon competitive procedures. Specifies conditions under which a contract award may be made to FPI using other than competitive procedures. 
 
Revises rulemaking procedures for approving new FPI products or services. Requires the Chief Operating Officer of FPI to submit a proposal for new FPI products or services to the Board of Directors of FPI with a detailed analysis of the probable impact on the private sector of a proposed expansion of sales from such new products or services.
 
Prohibits the total dollar value of FPI sales to the federal government in FY2016-FY2020 from exceeding specified percentages of FPI sales for a base period. 
 
Amends the Federal Property and Administrative Services Act of 1949 to require the head of an executive agency, before purchasing a product listed in the latest FPI catalog, to conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the agency's needs in terms of price, quality, and time of delivery.
 
Requires the Board of Directors of FPI to prescribe hourly wage rates for inmates performing work for or through FPI. Requires: (1) an hourly minimum rate of not less than $2.50 for inmates whose term of imprisonment will expire in not more than two years, and (2) a biannual review of inmate wage rates. 
 
Directs the Board of Directors of FPI, not later than September 30, 2016, to increase the maximum wage rate for inmates to 50% of the minimum wage rate under the Fair Labor Standards Act of 1938, and to 100% of such wage rate not later than September 30, 2021. 
 
Establishes within the Federal Bureau of Prisons (FBP) the Enhanced In-Prison Educational and Vocational Assessment and Training Program to provide: (1) in-prison assessments of inmates' needs and aptitudes, (2) a full range of educational opportunities, (3) vocational training and apprenticeships, and (4) comprehensive release-readiness preparation. 
 
Amends the federal criminal code to authorize inmates with work assignments within FPI to perform work for a tax-exempt charity, religious organization, or local governmental unit or school district (eligible entities) that have an agreement with FPI. Establishes the position of Inmate Work Training Administrator to create alternative inmate work opportunities within eligible entities. 
 
Directs the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to charitable organizations that provide goods or services to low-income individuals. 
 
Establishes within the FBP the Cognitive Abilities Assessment Demonstration Program to assess the cognitive abilities and perceptual skills of inmates to prepare such inmates to return to society and reduce recidivism. Requires such demonstration program to be conducted for three consecutive fiscal years beginning during FY2016 at 12 federal correctional institutions and to be offered to 6,000 inmates who are within 5 years of release. 
 
Requires the Director of the FBP to offer prerelease employment assistance to inmates.
 
Authorizes private for-profit business entities to participate in work-based training and apprenticeship programs for federal prison inmates. 
 
Prohibits FPI from directly offering for commercial sale products produced or services furnished by federal inmates, including through any form of electronic commerce.
 
Terminates authority for inmate work-based training programs after September 30, 2022, and requires all agreements relating to such programs to be performed before October 1, 2027. 
 
Directs the Government Accountability Office to undertake an on-going assessment of inmate work-based training programs.
 
Requires the Director of FBP to be appointed by the President (currently, by the Attorney General). 
 
Requires the Board of Directors of FPI to issue regulations defining "prison-made product," "prison-furnished service," "specific product," and "specific service."


Legislative actions:
action_date: 2015-04-29
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2015-03-26
text: Referred to the House Committee on the Judiciary.
action_date: 2015-03-26
text: Introduced in House
action_date: 2015-03-26
text: Introduced in House