1.Governmentwide procurement policy relating
to purchases from Federal Prison Industries
(a)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:
43.Governmentwide procurement policy relating
to purchases from Federal Prison Industries
(a)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
IndustriesIn 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 AgenciesThe 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)(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
InformationThe 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)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.
.
2.
(a)Repeal of Inconsistent Requirements
Applicable to Department of Defense
(1)Section 2410n of title 10, United States
Code, is repealed.
(2)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 AgenciesSection 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)
(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
.
3.Clarifying amendment relating to
services
(a)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
AgreementsAny 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
OperationA 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
InmatesAny 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)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)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
.
4.
(a)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)Subsections (b), (c), and (d) of section 3
shall take effect on the date of the enactment of this Act.