[Congressional Record Volume 145, Number 117 (Friday, September 10, 1999)]
[Senate]
[Page S10733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRIST:
  S. 1575. A bill to change the competition requirements with respect 
to the purchase of the products of the Federal Prison Industries by the 
Secretary of Defense; to the Committee on the Judiciary.


                    victims restitution fairness act

 Mr. FRIST. Mr. President, I ask that the text of the bill be 
printed in the Record.
  The bill follows:

                                S. 1575

       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 ``Victims Restitution Fairness 
     Act''.

     SEC. 2. APPLICABILITY OF COMPETITION REQUIREMENTS TO 
                   PURCHASES FROM A REQUIRED SOURCE.

       (a) Conditions for Competition.--Chapter 141 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 2410n. Products of Federal Prison Industries: 
       procedural requirements

       ``(a) Market Research.--Before purchasing a product listed 
     in the latest edition of the Federal Prison Industries 
     catalog under section 4124(d) of title 18, the Secretary of 
     Defense shall conduct market research to determine whether 
     the Federal Prison Industries product is comparable in price, 
     quality, and time of delivery to products available from the 
     private sector.
       ``(b) Limited Competition Requirement.--If the Secretary 
     determines that a Federal Prison Industries product is not 
     comparable in price, quality, and time of delivery to 
     products available from the private sector, the Secretary 
     shall use competitive procedures for the procurement of the 
     product. In conducting such a competition, the Secretary 
     shall consider a timely offer from Federal Prison Industries 
     for award in accordance with the specifications and 
     evaluation factors specified in the solicitation.
       ``(c) Exemptions.--Notwithstanding any other provision of 
     law, the Secretary shall not be required--
       (1) to purchase from Federal Prison Industries any product 
     that is--
       (A) integral to, or embedded in, a product that is not 
     available from Federal Prison Industries; or
       (B) a national security system; or
       (2) to make a purchase from Federal Prison Industries in a 
     total amount that is less than the micropurchase threshold, 
     as defined in section 32(f) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 428(f)).
       ``(d) National Security System Defined.--In this section, 
     the term `national security system' means any 
     telecommunications or information system operated by the 
     United States Government, the function, operation, or use of 
     which--
       ``(1) involves intelligence activities;
       ``(2) involves cryptologic activities related to national 
     security;
       ``(3) involves command and control of military forces;
       ``(4) involves equipment that is an integral part of a 
     weapon or a weapon system; or
       ``(5) is critical to the direct fulfillment of military or 
     intelligence missions, except for a system that is to be used 
     for routine administrative and business applications 
     (including payroll, finance, logistics, and personnel 
     management applications).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``2410n. Products of Federal Prison Industries: procedural 
              requirements.''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated from the Judgment Fund as established 
     under section 1304 of title 31, United States Code, such sums 
     as are necessary to offset any losses resulting in the Crime 
     Victims Fund as a result of the enactment of section 2410n of 
     title 10, United States Code, added by subsection 
     (a).
                                 ______