To require the Director of the Bureau of Prisons to set prices for commissary goods available in Bureau of Prisons facilities at a price not greater than the fair market value, and for other purposes.

To require the Director of the Bureau of Prisons to set prices for commissary goods available in Bureau of Prisons facilities at a price not greater than the fair market value, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

SEC. 2. Commissary goods pricing.

(a) In general.—The Director of the Bureau of Prisons shall set the price for any commissary good available in a Bureau of Prisons facility at a price not greater than the fair market value for such good in the State such facility is located.

(b) Requirements.—

(1) CONTRACTS.—With respect to entering into a contract for a commissary good, the Director of the Bureau of Prisons—

(A) shall use a competitive bidding process; and

(B) may not enter into such contract if such contract provides for revenue sharing.

(2) PRICE REVIEW.—Not later than 1 month after the date of enactment of this Act, and every month thereafter, the Director of the Bureau of Prisons shall review the prices set under subsection (a) to ensure such prices comply with the requirement under such subsection.

(c) Report.—The Director of the Bureau of Prisons shall annually submit to Congress, with respect to each Bureau of Prisons facility, a report that contains—

(1) a list of each commissary good available for purchase and the price for each such good; and

(2) a summary of any contract for commissary goods entered into by the Director including the terms of the contract.

(d) Audit.—The Comptroller General of the United States shall conduct an annual audit of each Bureau of Prisons facility to determine if the requirement under subsection (a) is being satisfied.

(e) Fair market value.—The term “fair market value” means the average retail price at which an identical or substantially similar consumer good is sold to the general public within the State in which the Bureau of Prisons facility is located, as determined by the Director of the Bureau of Prisons using prices from multiple nationally recognized retail stores, regional retailers, online retailers that sell to consumers in such State, and other comparable commercial sources. The Director shall exclude prices charged by correctional institutions, detention facilities, or other captive markets when determining fair market value.