[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2312 Introduced in House (IH)]

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.


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                    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 Representatives 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''.

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 Procurement Policy, determines that the 
Federal Prison Industries 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 businesses.
    ``(D) Not later than January 1 of each year, the Secretary of 
Defense shall submit to Congress a report relating to textile and 
apparel product purchases pursuant to 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 products to Federal Prison 
        Industries.
            ``(ii) A detailed statement on the disbursement of funds to 
        Federal Prison Industries under all contracts for textile and 
        apparel products with the Department 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 quantity of items to 
be delivered under any indefinite delivery-indefinite quantity contract 
for a textile or apparel product, the Department shall reduce Federal 
Prison Industries' share of the contract by the same percentage that it 
reduces industry's share of the contract.
    ``(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''.
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