S.Amdt. 3118
What it does: Adds SEC. 888. FEDERAL PRISON INDUSTRIES at the end of subtitle E of title VIII
Sen. Rand Paul (R-KY)What it changes
1 change to S. 3254 · shown in the bill's text
Adds SEC. 888. FEDERAL PRISON INDUSTRIES at the end of subtitle E of title VIII
Adds a sectionIn S. 3254 · Placed on Calendar Senate
Section 845(i) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking "September 30, 2013" and inserting "September 30, 2018".
Inserted: SEC. 888. FEDERAL PRISON INDUSTRIES.
Inserted: (a) Purchase of Prison-made Products by Federal Departments.--
Inserted: (1) Repeal of purchase requirement.--Section 4124 of title 18, United States Code, is amended--
Inserted: (A) in subsection (a)--
Inserted: (i) by striking "shall purchase" and inserting "may purchase"; and
Inserted: (ii) by inserting "and services" after "such products"; and
Inserted: (B) in subsection (c), by striking "subject to the requirements of subsection (a)" and inserting "that purchases such products or services of the industries authorized by this chapter".
Inserted: (2) Technical and conforming amendment.--Section 8504(b) of title 41, United States Code, is amended by striking "and that is required under section 4124 of title 18 to be procured from that industry".
Inserted: (b) Prohibition on Award of Certain Contracts to Federal Prison Industries, Inc..--Notwithstanding any other provision of law, a Federal agency may not award a contract to Federal Prison Industries after competition restricted to small business concerns under section 15 of the Small Business Act (15 U.S.C. 644) or the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
Inserted: (c) Share of Indefinite Delivery/indefinite Quantity Contracts.--
Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that if the head of an executive agency reduces the quantity of items to be delivered under an indefinite delivery/indefinite quantity contract to which Federal Prison Industries is a party, the head of the executive agency shall reduce Federal Prison Industries's share of the items to be delivered under the contract by the same percentage by which the total number of items to be delivered under the contract from all sources is reduced.
Inserted: (2) Definitions.--In this subsection--
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Inserted: (A) the term "executive agency" has the meaning given the term in section 133 of title 41, United States Code; and
Inserted: (B) the term "Federal Acquisition Regulatory Council" means the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code.
Original wording
At the end of subtitle E of title VIII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3118. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 888. FEDERAL PRISON INDUSTRIES.
(a) Purchase of Prison-made Products by Federal Departments.--
(1) Repeal of purchase requirement.--Section 4124 of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) by striking “shall purchase” and inserting “may purchase”; and
(ii) by inserting “and services” after “such products”; and
(B) in subsection (c), by striking “subject to the requirements of subsection (a)” and inserting “that purchases such products or services of the industries authorized by this chapter”.
(2) Technical and conforming amendment.--Section 8504(b) of title 41, United States Code, is amended by striking “and that is required under section 4124 of title 18 to be procured from that industry”.
(b) Prohibition on Award of Certain Contracts to Federal Prison Industries, Inc..--Notwithstanding any other provision of law, a Federal agency may not award a contract to Federal Prison Industries after competition restricted to small business concerns under section 15 of the Small Business Act (15 U.S.C. 644) or the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
(c) Share of Indefinite Delivery/indefinite Quantity Contracts.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that if the head of an executive agency reduces the quantity of items to be delivered under an indefinite delivery/indefinite quantity contract to which Federal Prison Industries is a party, the head of the executive agency shall reduce Federal Prison Industries's share of the items to be delivered under the contract by the same percentage by which the total number of items to be delivered under the contract from all sources is reduced.
(2) Definitions.--In this subsection--
(A) the term “executive agency” has the meaning given the term in section 133 of title 41, United States Code; and
(B) the term “Federal Acquisition Regulatory Council” means the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code.
Legislative Activity
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Senate amendment submitted
November 28, 2012