I 112th CONGRESS 1st Session H. R. 2312 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.

1.

Short title

This Act may be cited as the Department of Defense Textile and Apparel Procurement Fairness Act.

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.