Summary: H.R.2551 — 106th Congress (1999-2000)All Information (Except Text)

There is one summary for H.R.2551. Bill summaries are authored by CRS.

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Introduced in House (07/19/1999)

Federal Prison Industries Competition in Contracting Act of 1999 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI).

Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration.

Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price.

Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog.

(Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact of a proposed expansion of inmate-work activities by FPI on private sector firms and their non-inmate workers whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service.

Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release.

Prohibits the board of directors from approving a proposal for inmates to provide a service in which an inmate worker has access to: (1) personal or financial information about individual private citizens, including information relating to such person's real property, however described, without giving prior notice to such persons; or (2) data that is classified, or that will become classified after being merged with other data.

Sets forth public comment requirements. Requires that the board of directors: (1) solicit comments on the required analysis from trade associations representing vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal; and (2) be provided copies of all comments received on the expansion proposal. Authorizes the Chief Operating Officer of FPI, based on the comments received on the initial expansion proposal, to provide the board a revised expansion proposal. Makes such revised proposal subject to public comment requirements of this Act if it provides for expansion of inmate work opportunities in an industry different from that initially proposed.

(Sec. 4) Prohibits FPI from offering products or services as a subcontractor or supplier to a private for-profit business concern, notwithstanding that the product or service being furnished by such concern will ultimately be supplied to the U.S. Government, the government of the District of Columbia, an agency of a State government or any political subdivision thereof, or an eligible not-for-profit organization.

(Sec. 5) Amends the Federal criminal code to require that wages earned by an inmate worker of FPI be paid in the name of such worker, and that deductions aggregating to not more than 80 percent of gross wages be taken from the wages due for: (1) applicable taxes; (2) payment of fines and restitution pursuant to court order; (3) payment of additional restitution for victims of the inmate's crimes (at a rate not less than ten percent of gross wages); (4) allocations for support of the inmate's family pursuant to statute, court order, or agreement with the inmate; (5) allocations to a fund in the inmate's name to facilitate such inmate's assimilation into society, payable at the conclusion of incarceration; and (6) such other deductions as may be specified by the Director of the Bureau of Prisons.

(Sec. 6) Amends the code to require that not less than 20 percent of the gross profits of the corporation at the end of each fiscal year be allocated to fund vocational training for inmates without regard to the type of work activities to which they are assigned.

(Sec. 7) Revises requirements for reporting by the board to Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing.

(Sec. 9) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.