In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keeping Families 
Together Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of 
                            section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF 
              SECTION 321 OF IIRIRA).

    (a) In General.--Effective as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208), section 321 of such Act is repealed 
and the provisions of law amended by such section are restored as if 
such section had not been enacted.
    (b) Restoration of Rights.--Any alien whose legal permanent 
resident status, application for permanent residence, or application 
for cancellation of removal, was affected by the changes in the 
definition of ``aggravated felony'' made by such section 321 may apply 
to the Secretary of Homeland Security to be considered for adjustment 
of status or cancellation of removal in conformance with the provisions 
of section 101(a)(43) of the Immigration and Nationality Act, as 
restored by subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

    (a) In General.--Section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)) is amended to read as follows:
    ``(c) Detention of Criminal Aliens.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        take into custody any alien convicted of an aggravated felony 
        upon release of the alien (regardless of whether or not such 
        release is on parole, supervised release, or probation, and 
        regardless of the possibility of rearrest or further 
        confinement in respect of the same offense). Notwithstanding 
        subsection (a) or section 241(a) but subject to paragraph (2), 
        the Secretary of Homeland Security shall not release such felon 
        from custody.
            ``(2) Non-release.--The Secretary of Homeland Security may 
        not release from custody any who has been convicted of an 
        aggravated felony, either before or after a determination of 
        removability, unless--
                    ``(A)(i) the alien was lawfully admitted, or
                    ``(ii) the alien was not lawfully admitted but the 
                alien cannot be removed because the designated country 
                of removal will not accept the alien; and
                    ``(B) the alien satisfies the Secretary of Homeland 
                Security that the alien will not pose a danger to the 
                safety of other persons or of property and is likely to 
                appear for any scheduled proceeding.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

    (a) In General.--Section 240A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(d)) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall be 
effective as if included in the enactment of subtitle A of title III of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

    (a) In General.--Paragraph (48) of section 101(a)(48) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall take 
effect as if included in the enactment of section 322(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

    (a) In General.--Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by inserting after subsection (b) the 
following new subsection:
    ``(c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order of 
deportation or removal, and who are returning to a lawful 
unrelinquished domicile of seven consecutive years, may be admitted in 
the discretion of the Secretary of Homeland Security without regard to 
the provisions of subsection (a) (other than paragraphs (3) and 
(10)(C)). Nothing contained in this subsection shall limit the 
authority of the Secretary of Homeland Security to exercise the 
discretion vested in him under section 211(b). The first sentence of 
this subsection shall not apply to an alien who has been convicted of 
one or more aggravated felonies and has served for such felony or 
felonies a term of imprisonment of at least 5 years.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
as of April 24, 1996, as if section 440(d) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132) and section 
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended to read as follows:

                 ``judicial review of orders of removal

    ``Sec. 242.  (a) The procedure prescribed by, and all the 
provisions of chapter 158 of title 28, United States Code, shall apply 
to, and shall be the sole and exclusive procedure for, the judicial 
review of all final orders of removal heretofore or hereafter made 
against aliens within the United States pursuant to administrative 
proceedings under section 240 of this Act or comparable provisions of 
any prior Act, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final removal order, 
        or, in the case of an alien convicted of an aggravated felony 
        not later than 30 days after the issuance of such order;
            ``(2) the venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before an immigration judge were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit;
            ``(3) the action shall be brought against the Department of 
        Homeland Security, as respondent. Service of the petition to 
        review shall be made upon the Secretary of Homeland Security of 
        the United States and upon the official of the Department of 
        Homeland Security in charge of the district in which the office 
        of the clerk of the court is located. The service of the 
        petition for review upon such official of the Service shall 
        stay the removal of the alien pending determination of the 
        petition by the court, unless the court otherwise directs or 
        unless the alien is convicted of an aggravated felony, in which 
        case the Service shall not stay the removal of the alien 
        pending determination of the petition of the court unless the 
        court otherwise directs;
            ``(4) except as provided in clause (B) of paragraph (5) of 
        this subsection, the petition shall be determined solely upon 
        the administrative record upon which the removal order is based 
        and the Secretary of Homeland Security's findings of fact, if 
        supported by reasonable, substantial, and probative evidence on 
        the record considered as a whole, shall be conclusive;
            ``(5) whenever any petitioner, who seeks review of an order 
        under this section, claims to be a national of the United 
        States and makes a showing that his claim is not frivolous, the 
        court shall (A) pass upon the issues presented when it appears 
        from the pleadings and affidavits filed by the parties that no 
        genuine issue of material fact is presented; or (B) where a 
        genuine issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a United 
        States district court for the district where the petitioner has 
        his residence for hearing de novo of the nationality claim and 
        determination as if such proceedings were originally initiated 
        in the district court under the provisions of section 2201 of 
        title 28, United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 360(a) of 
        this Act or otherwise;
            ``(6) whenever a petitioner seeks review of an order under 
        this section, any review sought with respect to a motion to 
        reopen or reconsider such an order shall be consolidated with 
        the review of the order;
            ``(7) if the validity of a removal order has not been 
        judicially determined, its validity may be challenged in a 
        criminal proceeding against the alien for violation of 
        subsection (a) or (b) of section 243 of this Act only by 
        separate motion for judicial review before trial. Such motion 
        shall be determined by the court without a jury and before the 
        trial of the general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion of the 
        court, a genuine issue of material fact as to the alien's 
        nationality is presented, the court shall accord him a hearing 
        de novo on the nationality claim and determine that issue as if 
        proceedings had been initiated under the provisions of section 
        2201 of title 28, United States Code. Any such alien shall not 
        be entitled to have such issue determined under section 360(a) 
        of this Act or otherwise. If no such hearing de novo as to 
        nationality is conducted, the determination shall be made 
        solely upon the administrative record upon which the removal 
        order is based and the Secretary of Homeland Security's 
        findings of fact, if supported by reasonable, substantial, and 
        probative evidence on the record considered as a whole, shall 
        be conclusive. If the removal order is held invalid, the court 
        shall dismiss the indictment and the United States shall have 
        the right to appeal to the court of appeals within 30 days. The 
        procedure on such appeals shall be as provided in the Federal 
        rules of criminal procedure. No petition for review under this 
        section may be filed by any alien during the pendency of a 
        criminal proceeding against such alien for violation of 
        subsection (a) or (b) of section 243 of this Act;
            ``(8) nothing in this section shall be construed to require 
        the Secretary of Homeland Security to defer removal of an alien 
        after the issuance of a removal order because of the right of 
        judicial review of the order granted by this section, or to 
        relieve any alien from compliance with subsections (a) and (b) 
        of section 243 of this Act. Nothing contained in this section 
        shall be construed to preclude the Secretary of Homeland 
        Security from detaining or continuing to detain an alien or 
        from taking the alien into custody pursuant to section 241 of 
        this Act at any time after the issuance of a removal order;
            ``(9) it shall not be necessary to print the record or any 
        part thereof, or the briefs, and the court shall review the 
        proceedings on a typewritten record and on typewritten briefs; 
        and
            ``(10) any alien held in custody pursuant to an order of 
        removal may obtain judicial review thereof by habeas corpus 
        proceedings.
    ``(b) Notwithstanding the provisions of any other law, any alien 
against whom a final order of removal has been made heretofore or 
hereafter under the provisions of section 235 of this Act or comparable 
provisions of any prior Act may obtain judicial review of such order by 
habeas corpus proceedings and not otherwise.
    ``(c) An order of removal shall not be reviewed by any court if the 
alien has not exhausted the administrative remedies available to the 
alien as of right under the immigration laws and regulations or if the 
alien has departed from the United States after the issuance of the 
order. Every petition for review or for habeas corpus shall state 
whether the validity of the order has been upheld in any prior judicial 
proceeding, and, if so, the nature and date thereof, and the court in 
which such proceeding took place. No petition for review or for habeas 
corpus shall be entertained if the validity of the order has been 
previously determined in any civil or criminal proceeding, unless the 
petition presents grounds which the court finds could not have been 
presented in such prior proceeding, or the court finds that the remedy 
provided by such prior proceeding was inadequate or ineffective to test 
the validity of the order.
    ``(d)(1) A petition for review or for habeas corpus on behalf of an 
alien against whom a final order of removal has been issued pursuant to 
section 238(b) may challenge only--
            ``(A) whether the alien is in fact the alien described in 
        the order;
            ``(B) whether the alien is in fact an alien described in 
        section 238(b)(2);
            ``(C) whether the alien has been convicted of an aggravated 
        felony and such conviction has become final; and
            ``(D) whether the alien was afforded the procedures 
        required by section 238(b)(4).
    ``(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which--
            (1) a final administrative decision has been/not been 
        rendered as of such date; or
            (2) such a decision has been rendered but the period for 
        seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

    (a) In General.--Notwithstanding section 240(c)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other 
limitation imposed by law on motions to reopen removal proceedings, the 
Secretary of Homeland Security shall establish a process (whether 
through permitting the reopening of a removal proceeding or otherwise) 
under which an alien--
            (1) who is (or was) in removal proceedings before the date 
        of the enactment of this Act (whether or not the alien has been 
        removed as of such date); and
            (2) whose eligibility for cancellation of removal has been 
        established by this Act;
may apply (or reapply) for cancellation of removal under section 
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a 
beneficiary of the relief provided under this Act.
    (b) Parole.--The Secretary of Homeland Security should exercise the 
parole authority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens removed from the United States to participate in the process 
established under subsection (a).

Ex Output:
Keeping Families Together Act of 2005 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien.

Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act.

Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."

Authorizes the Secretary of Homeland Security to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted.

Revises provisions respecting judicial review of removal orders.

Requires the Secretary to establish a post-proceeding removal relief process for affected aliens.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Fairness for 
Seniors Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Manufacturers of prescription drugs engage in price 
        discrimination practices that compel many older Americans to 
        pay substantially more for prescription drugs than consumers in 
        foreign nations and the drug manufacturers' most favored U.S. 
        customers, such as health insurers, health maintenance 
        organizations, and the Federal Government.
            (2) Older Americans who buy their own prescription drugs 
        often pay twice as much for prescription drugs as consumers in 
        foreign nations and the drug manufacturers' most favored U.S. 
        customers. In some cases, older Americans pay 10 times more for 
        prescription drugs than such customers.
            (3) The discriminatory pricing by major drug manufacturers 
        sustains their high profits (for example, $27,300,000,000 in 
        1999), but causes financial hardship and impairs the health and 
        well-being of millions of older Americans. Many older Americans 
        are forced to choose between buying their food and buying their 
        medicines.
            (4) Foreign nations and U.S. federally funded health care 
        programs use purchasing power to obtain prescription drugs at 
        low prices. Medicare beneficiaries are denied this benefit and 
        cannot obtain their prescription drugs at the lower prices 
        available to such nations and programs.
            (5) Implementation of the policy set forth in this Act will 
        reduce prices for brand name prescription drugs for many 
        Medicare beneficiaries by an average of 40 percent.
            (6) In addition to substantially lowering the costs of 
        prescription drugs for older Americans, implementation of the 
        policy set forth in this Act will significantly improve the 
        health and well-being of older Americans and lower the costs to 
        the Federal taxpayer of the Medicare program.
            (7) Older Americans who are terminally ill and receiving 
        hospice care services represent some of the most vulnerable 
        individuals in our nation. Making prescription drugs available 
        to Medicare beneficiaries under the care of Medicare-certified 
        hospices will assist in extending the benefits of lower 
        prescription drug prices to those most vulnerable and in need.
    (b) Purpose.--The purpose of this Act is to protect Medicare 
beneficiaries from discriminatory pricing by drug manufacturers and to 
make prescription drugs available to Medicare beneficiaries at 
substantially reduced prices.

SEC. 3. PARTICIPATING MANUFACTURERS.

    (a) In General.--Each participating manufacturer of a covered 
outpatient drug shall make available for purchase by each pharmacy such 
covered outpatient drug in the amount described in subsection (b) at 
the price described in subsection (c).
    (b) Description of Amount of Drugs.--The amount of a covered 
outpatient drug that a participating manufacturer shall make available 
for purchase by a pharmacy is an amount equal to the aggregate amount 
of the covered outpatient drug sold or distributed by the pharmacy to 
Medicare beneficiaries.
    (c) Description of Price.--The price at which a participating 
manufacturer shall make a covered outpatient drug available for 
purchase by a pharmacy is a price no greater than the manufacturer's 
average foreign price.
    (d) Enforcement.--The United States shall debar a manufacturer of 
drugs or biologicals that does not comply with the provisions of this 
Act.

SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS.

    For purposes of determining the amount of a covered outpatient drug 
that a participating manufacturer shall make available for purchase by 
a pharmacy under section 3, there shall be included in the calculation 
of such amount the amount of the covered outpatient drug sold or 
distributed by a pharmacy to a hospice program. In calculating such 
amount, only amounts of the covered outpatient drug furnished to a 
Medicare beneficiary enrolled in the hospice program shall be included.

SEC. 5. ADMINISTRATION.

    The Secretary shall issue such regulations as may be necessary to 
implement this Act.

SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
report to the Congress regarding the effectiveness of this Act in--
            (1) protecting Medicare beneficiaries from discriminatory 
        pricing by drug manufacturers, and
            (2) making prescription drugs available to Medicare 
        beneficiaries at substantially reduced prices.
    (b) Consultation.--In preparing such reports, the Secretary shall 
consult with public health experts, affected industries, organizations 
representing consumers and older Americans, and other interested 
persons.
    (c) Recommendations.--The Secretary shall include in such reports 
any recommendations the Secretary considers appropriate for changes in 
this Act to further reduce the cost of covered outpatient drugs to 
Medicare beneficiaries.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Average foreign price.--
                    (A) In general.--The term ``average foreign price'' 
                means, with respect to a covered outpatient drug, the 
                average price that the manufacturer of the drug 
                realizes on the sale of drugs with the same active 
                ingredient or ingredients that are consumed in covered 
                foreign nations, taking into account--
                            (i) any rebate, contract term or condition, 
                        or other arrangement (whether with the 
                        purchaser or other persons) that has the effect 
                        of reducing the amount realized by the 
                        manufacturer on the sale of the drugs; and
                            (ii) adjustments for any differences in 
                        dosage, formulation, or other relevant 
                        characteristics of the drugs.
                    (B) Exempt transactions.--The Secretary may, by 
                regulation, exempt from the calculation of the average 
                foreign price of a drug those prices realized by a 
                manufacturer in transactions that are entered into for 
                charitable purposes, for research purposes, or under 
                other unusual circumstances, if the Secretary 
                determines that the exemption is in the public interest 
                and is consistent with the purposes of this Act.
            (2) Covered foreign nation.--The term ``covered foreign 
        nation' means Canada, France, Germany, Italy, Japan, and the 
        United Kingdom.
            (3) Covered outpatient drug.--The term ``covered outpatient 
        drug'' has the meaning given that term in section 1927(k)(2) of 
        the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
            (4) Debar.--The term ``debar'' means to exclude, pursuant 
        to established administrative procedures, from Government 
        contracting and subcontracting for a specified period of time 
        commensurate with the seriousness of the failure or offense or 
        the inadequacy of performance.
            (5) Hospice program.--The term ``hospice program'' has the 
        meaning given that term under section 1861(dd)(2) of the Social 
        Security Act (42 U.S.C. 1395x(dd)(2)).
            (6) Medicare beneficiary.--The term ``Medicare 
        beneficiary'' means an individual entitled to benefits under 
        part A of title XVIII of the Social Security Act or enrolled 
        under part B of such title, or both.
            (7) Participating manufacturer.--The term ``participating 
        manufacturer'' means any manufacturer of drugs or biologicals 
        that, on or after the date of the enactment of this Act, enters 
        into a contract or agreement with the United States for the 
        sale or distribution of covered outpatient drugs to the United 
        States.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 8. EFFECTIVE DATE.

    The Secretary shall implement this Act as expeditiously as 
practicable and in a manner consistent with the obligations of the 
United States.

Ex Output:
Prescription Drug Fairness for Seniors Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price no greater than the manufacturer's average foreign price. Sets forth special provisions with respect to hospice programs.


Ex Input:
SECTION 1. GOVERNMENTWIDE PROCUREMENT POLICY RELATING TO PURCHASES FROM 
              FEDERAL PRISON INDUSTRIES.

    (a) Requirements.--The Office of Federal Procurement Policy Act (41 
U.S.C. 403 et seq.) is amended by adding at the end the following new 
section:

``SEC. 43. GOVERNMENTWIDE PROCUREMENT POLICY RELATING TO PURCHASES FROM 
              FEDERAL PRISON INDUSTRIES.

    ``(a) Competition Required.--In the procurement of any product that 
is authorized to be offered for sale by Federal Prison Industries and 
is listed in the catalog published and maintained by Federal Prison 
Industries under section 4124(b) of title 18, United States Code, the 
head of an executive agency shall, except as provided in subsection 
(d)--
            ``(1) use competitive procedures for entering into a 
        contract for the procurement of such product, in accordance 
        with the requirements applicable to such executive agency under 
        sections 2304 and 2305 of title 10, United States Code, or 
        sections 303 through 303C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253 through 
        253c); or
            ``(2) make an individual purchase under a multiple award 
        contract in accordance with competition requirements applicable 
        to such purchases.
    ``(b) Offers From Federal Prison Industries.--In conducting a 
procurement pursuant to subsection (a), the head of an executive agency 
shall--
            ``(1) notify Federal Prison Industries of the procurement 
        at the same time and in the same manner as other potential 
        offerors are notified; and
            ``(2) consider a timely offer from Federal Prison 
        Industries for award in the same manner as other offers 
        (regardless of whether Federal Prison Industries is a 
        contractor under an applicable multiple award contract).
    ``(c) Implementation by Agencies.--The head of each executive 
agency shall ensure that--
            ``(1) the executive agency does not purchase a Federal 
        Prison Industries product or service unless a contracting 
        officer of the executive agency determines that the product or 
        service is comparable to products or services available from 
        the private sector that best meet the executive agency's needs 
        in terms of price, quality, and time of delivery; and
            ``(2) Federal Prison Industries performs its contractual 
        obligations to the executive agency to the same extent as any 
        other contractor for the executive agency.
    ``(d) Exception.--(1) The head of an executive agency may use 
procedures other than competitive procedures to enter into a contract 
with Federal Prison Industries only under the following circumstances:
            ``(A) The Attorney General personally determines in 
        accordance with paragraph (2), within 30 days after Federal 
        Prison Industries has been informed by the head of that 
        executive agency of an opportunity for award of a contract for 
        a product, that--
                    ``(i) Federal Prison Industries cannot reasonably 
                expect fair consideration in the selection of an 
                offeror for award of the contract on a competitive 
                basis; and
                    ``(ii) the award of the contract to Federal Prison 
                Industries for performance at a penal or correctional 
                facility is necessary to maintain work opportunities 
                not otherwise available at the penal or correctional 
                facility that prevent circumstances that could 
                reasonably be expected to significantly endanger the 
                safe and effective administration of such facility.
            ``(B) The product is available only from Federal Prison 
        Industries and the contract may be awarded under the authority 
        of section 2304(c)(1) of title 10, United States Code, or 
        section 303(c)(1) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 253(c)(1)), as may be 
        applicable, pursuant to the justification and approval 
        requirements relating to noncompetitive procurements specified 
        by law and the Federal Acquisition Regulation.
            ``(C) The head of the executive agency determines that the 
        product that would otherwise be furnished is to be produced, in 
        whole or in significant part, by prison labor outside the 
        United States.
    ``(2)(A) A determination made by the Attorney General regarding a 
contract pursuant to paragraph (1)(A) shall be--
            ``(i) supported by specific findings by the warden of the 
        penal or correctional institution at which a Federal Prison 
        Industries workshop is scheduled to perform the contract;
            ``(ii) supported by specific findings by Federal Prison 
        Industries regarding the reasons that it does not expect to be 
        selected for award of the contract on a competitive basis; and
            ``(iii) made and reported in the same manner as a 
        determination made pursuant to section 303(c)(7) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        253(c)(7)).
    ``(B) The Attorney General may not delegate to any other official 
authority to make a determination that is required under paragraph 
(1)(A) to be made personally by the Attorney General.
    ``(e) Performance as a Subcontractor.--(1) A contractor or 
potential contractor under a contract entered into by the head of an 
executive agency may not be required to use Federal Prison Industries 
as a subcontractor or supplier of products or provider of services for 
the performance of the contract by any means, including means such as--
            ``(A) a provision in a solicitation of offers that requires 
        a contractor to offer to use or specify products or services of 
        Federal Prison Industries in the performance of the contract;
            ``(B) a contract clause that requires the contractor to use 
        or specify products or services (or classes of products or 
        services) offered by Federal Prison Industries in the 
        performance of the contract; or
            ``(C) any contract modification that requires the use of 
        products or services of Federal Prison Industries in the 
        performance of the contract.
    ``(2) A contractor using Federal Prison Industries as a 
subcontractor or supplier in furnishing a commercial product pursuant 
to a contract of an executive agency shall implement appropriate 
management procedures to prevent an introduction of an inmate-produced 
product into the commercial market.
    ``(3) In this subsection, the term `contractor', with respect to a 
contract, includes a subcontractor at any tier under the contract.
    ``(f) Protection of Classified and Sensitive Information.--The head 
of an executive agency may not enter into any contract with Federal 
Prison Industries under which an inmate worker would have access to--
            ``(1) any data that is classified or will become classified 
        after being merged with other data;
            ``(2) any geographic data regarding the location of--
                    ``(A) surface or subsurface infrastructure 
                providing communications or water or electrical power 
                distribution;
                    ``(B) pipelines for the distribution of natural 
                gas, bulk petroleum products, or other commodities; or
                    ``(C) other utilities; or
            ``(3) any personal or financial information about any 
        individual private citizen, including information relating to 
        such person's real property however described, without the 
        prior consent of the individual.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following new item:

``Sec. 43. Governmentwide procurement policy relating to purchases from 
                            Federal Prison Industries.''.

SEC. 2. CONFORMING AMENDMENTS.

    (a) Repeal of Inconsistent Requirements Applicable to Department of 
Defense.--
            (1) Repeal.--Section 2410n of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 141 of such title is amended by striking 
        the item relating to section 2410n.
    (b) Repeal of Inconsistent Requirements Applicable to Other 
Agencies.--Section 4124 of title 18, United States Code, is amended--
            (1) by striking subsections (a) and (b);
            (2) by redesignating subsections (c) and (d) as subsections 
        (a) and (b), respectively; and
            (3) in subsection (a), as redesignated by paragraph (2), by 
        striking ``Federal department, agency, and institution subject 
        to the requirements of subsection (a)'' and inserting ``Federal 
        department and agency''.
    (c) Other Laws.--
            (1) Section 3 of the Javits-Wagner-O'Day Act (41 U.S.C. 48) 
        is amended by striking ``which, under section 4124 of such 
        title, is required'' and inserting ``which is required by 
        law''.
            (2) Section 31(b)(4) of the Small Business Act (15 U.S.C. 
        657a(b)(4)) is amended by striking ``a different source under 
        section 4124 or 4125 of title 18, United States Code, or the 
        Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)'' and inserting 
        ``a different source under the Javits-Wagner-O'Day Act (41 
        U.S.C. 46 et seq.) or Federal Prison Industries under section 
        40(d) of the Office of Federal Procurement Policy Act or 
        section 4125 of title 18, United States Code''.

SEC. 3. CLARIFYING AMENDMENT RELATING TO SERVICES.

    (a) In General.--Section 1761 of title 18, United States Code, is 
amended in subsections (a) and (c) by striking ``goods, wares, or 
merchandise manufactured, produced, or mined'' each place it appears 
and inserting ``products manufactured, services furnished, or minerals 
mined''.
    (b) Completion of Existing Agreements.--Any prisoner work program 
operated by a prison or jail of a State or local jurisdiction of a 
State which is providing services for the commercial market through 
inmate labor on October 1, 2007, may continue to provide such 
commercial services until--
            (1) the expiration date specified in the contract or other 
        agreement with a commercial partner on October 1, 2007; or
            (2) until September 30, 2011, if the prison work program is 
        directly furnishing the services to the commercial market.
    (c) Approval Required for Long-Term Operation.--A prison work 
program operated by a correctional institution operated by a State or 
local jurisdiction of a State may continue to provide inmate labor to 
furnish services for sale in the commercial market after the dates 
specified in subsection (b) if such program has been certified pursuant 
to section 1761(c)(1) of title 18, United States Code, and is in 
compliance with the requirements of such subsection and its 
implementing regulations.
    (d) Existing Work Opportunities for Federal Inmates.--Any private 
for-profit business entity having an agreement with Federal Prison 
Industries in effect on the date of the enactment of this Act, under 
which Federal inmates are furnishing services that are being introduced 
into the commercial market, may continue to furnish such services for 
the duration of the term of such agreement.
    (e) Additional Amendment.--Section 1761 of title 18, United States 
Code, is further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) This section shall not apply to services performed as part of 
an inmate work program conducted by a State or local government to 
disassemble, scrap, and recycle products, other than electronic 
products, that would otherwise be disposed of in a landfill. Recovered 
scrap from such program may be sold.''.
    (f) Conforming Amendment.--Section 4122(a) of title 18, United 
States Code, is amended by striking ``production of commodities'' and 
inserting ``production of products or furnishing of services''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect 180 days after the 
date of the enactment of this Act.
    (b) Exception.--Subsections (b), (c), and (d) of section 3 shall 
take effect on the date of the enactment of this Act.

Ex Output:

Amends the Office of Federal Procurement Policy Act to require an executive agency, when procuring Federal Prison Industries (FPI) products to: (1) use competitive procedures; or (2) make an individual purchase under a multiple award contract in accordance with applicable competition requirements. Requires an agency to: (1) timely notify FPI of procurements; and (2) consider a timely offer from FPI in the same manner as other offers.

Requires agency heads to ensure that: (1) agencies do not purchase a FPI product or service unless an agency's contracting officer determines that the product or service is comparable to products or services available from the private sector that best meet the agencies' needs; and (2) FPI performs its contractual obligations to agencies to the same extent as any other contractor. Outlines exceptions to the competitive procedures requirement.

Prohibits requiring a contractor to use FPI as a subcontractor or supplier. Prohibits agencies from entering into contracts with FPI under which inmate workers would have access to classified and sensitive information. Restricts the interstate and foreign commerce of services resulting from convict labor in a prisoner work program operated by a prison or jail of a state or local jurisdiction. Subjects knowing violators of such restrictions to fine or imprisonment, or both. Requires state and local prison work programs to meet specified requirements. Provides for exemptions for services performed as part of an inmate work program conducted by a state or local government to disassemble, scrap, and recycle products, other than electronic products, that would otherwise be disposed of in a landfill. Authorizes recovered scrap from such program to be sold.