S. 705Senate110th Congress (2007-2009)In Committee

A bill to amend the Office of Federal Procurement Policy Act to establish a governmentwide policy requiring competition in certain executive agency procurements, and for other purposes.

Sponsored by Carl LevinSen. Carl Levin (D-MI)
Introduced February 28, 2007

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 28, 2007

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SenateIntro Referral

Introduced in Senate

February 28, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2362)

February 28, 2007

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 28, 2007

Floor Debate

15 members

What members said about S. 705 on the floor

3 Republicans12 Democrats
Herb Kohl
Sen. Herb KohlD-WI · Feb 28, 2007

Mr. President, I rise today, with Senator Kennedy and Senator Durbin, to introduce the State Court Interpreter Grant Program Act of 2007. This legislation would create a modest grant program to…

Barack Obama
Sen. Barack ObamaD-IL · Feb 28, 2007

Mr. President, I rise today to speak about the ``Dignity for Wounded Warriors Act,'' which I am proud to introduce with Senator McCaskill. Last week, the Nation learned of the serious problems at…

Mike Crapo
Sen. Mike CrapoR-ID · Feb 28, 2007

Mr. President, I rise today with my colleagues, 16 bipartisan cosponsors, to introduce the S. 700. Approximately 1 year ago, Senator Lincoln and I introduced the Collaboration for the Recovery of the…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Feb 28, 2007

Mr. President, I rise today to introduce the Pet Protection Act of 2007. In 1966, Congress passed the Animal Welfare Act to prevent the abuse and mistreatment of animals and to provide assurance that…

Claire McCaskill
Sen. Claire McCaskillD-MO · Feb 28, 2007

Mr. President, it is my honor to join my distinguished colleague from Illinois, Senator Obama, today in introducing the Dignity for Wounded Warriors Act, a bill that serves to better the experience…

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Bill Nelson
Sen. Bill NelsonD-FL · Feb 28, 2007

Mr. President, American consumers and public safety officials increasingly find themselves confronted by scams in the digital age. The latest scam is known as caller I.D. ``spoofing.'' Today, I am…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 28, 2007

Mr. President, why hold off for tomorrow what we can do today? The current healthcare crisis in our Nation did not happen overnight. It has been accumulating as a result of a lack of serious…

Jack Reed
Sen. Jack ReedD-RI · Feb 28, 2007

Mr. President, I am pleased to join my colleagues, Senator Coleman, and Representatives Eshoo and Ramstad, in reintroducing the Consortium on the Impact of Technology in Health Services Act. We face…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Feb 28, 2007

Mr. President, as we all know, there was a tremendous amount of criticism of the Federal Government's response to Hurricanes Katrina and Rita last year. Things are better now and the region is slowly…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Feb 28, 2007

Mr. President, I rise today to re-introduce legislation that will close an egregious loophole in federal law. Currently, this loophole permits solid waste management facilities operated near…

Wayne Allard
Sen. Wayne AllardR-CO · Feb 28, 2007

Mr. President, I will be introducing a piece of legislation today which is a bill to cut at the heart of a rampant problem in this country; that is, identity theft. Last month, a bipartisan group of…

Carl Levin
Sen. Carl LevinD-MI · Feb 28, 2007

Mr. President, I am pleased to join with Senators Craig Thomas, Debbie Stabenow, Chuck Grassley and Tom Harkin in introducing the Federal Prison Industries Competition in Contracting Act. Our bill is…

Carl Levin
Sen. Carl LevinD-MI · Feb 28, 2007

Mr. President, I am pleased to join with Senators Craig Thomas, Debbie Stabenow, Chuck Grassley and Tom Harkin in introducing the Federal Prison Industries Competition in Contracting Act. Our bill is…

Show 3 more
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Feb 28, 2007

Mr. President, I am pleased to join Senator Boxer as a co-sponsor of the ``Pell Grant Equity Act of 2007'' that would provide all low-income students with the same opportunity to receive a Federal…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Feb 28, 2007

Mr. President, I rise to introduce a bill to reauthorize Title VIII of the Native American Housing Assistance and Self- Determination Act. Senator Akaka joins me in sponsoring this measure. Title…

Norm Coleman
Sen. Norm ColemanR-MN · Feb 28, 2007

Mr. President, I ask unanimous consent that my legislation, Consortium on the Impact of Technology in Aging Health Services Act of 2007, be printed in the Record.

Bill Text

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Introduced in SenateIssued February 28, 2007

II

110th CONGRESS

1st Session

S. 705

IN THE SENATE OF THE UNITED STATES

February 28, 2007

Mr. Levin (for himself, Mr. Thomas, Ms. Stabenow, Mr. Grassley, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend the Office of Federal Procurement Policy Act to establish a governmentwide policy requiring competition in certain executive agency procurements, and for other purposes.

1.

Governmentwide procurement policy relating to purchases from Federal Prison Industries

(a)

Requirements

The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section:

43.

Governmentwide procurement policy relating to purchases from Federal Prison Industries

(a)

Competition Required

In the procurement of any product that is authorized to be offered for sale by Federal Prison Industries and is listed in the catalog published and maintained by Federal Prison Industries under section 4124(b) of title 18, United States Code, the head of an executive agency shall, except as provided in subsection (d)—

(1)

use competitive procedures for entering into a contract for the procurement of such product, in accordance with the requirements applicable to such executive agency under sections 2304 and 2305 of title 10, United States Code, or sections 303 through 303C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253 through 253c); or

(2)

make an individual purchase under a multiple award contract in accordance with competition requirements applicable to such purchases.

(b)

Offers From Federal Prison Industries

In conducting a procurement pursuant to subsection (a), the head of an executive agency shall—

(1)

notify Federal Prison Industries of the procurement at the same time and in the same manner as other potential offerors are notified; and

(2)

consider a timely offer from Federal Prison Industries for award in the same manner as other offers (regardless of whether Federal Prison Industries is a contractor under an applicable multiple award contract).

(c)

Implementation by Agencies

The head of each executive agency shall ensure that—

(1)

the executive agency does not purchase a Federal Prison Industries product or service unless a contracting officer of the executive agency determines that the product or service is comparable to products or services available from the private sector that best meet the executive agency’s needs in terms of price, quality, and time of delivery; and

(2)

Federal Prison Industries performs its contractual obligations to the executive agency to the same extent as any other contractor for the executive agency.

(d)

Exception

(1)

The head of an executive agency may use procedures other than competitive procedures to enter into a contract with Federal Prison Industries only under the following circumstances:

(A)

The Attorney General personally determines in accordance with paragraph (2), within 30 days after Federal Prison Industries has been informed by the head of that executive agency of an opportunity for award of a contract for a product, that—

(i)

Federal Prison Industries cannot reasonably expect fair consideration in the selection of an offeror for award of the contract on a competitive basis; and

(ii)

the award of the contract to Federal Prison Industries for performance at a penal or correctional facility is necessary to maintain work opportunities not otherwise available at the penal or correctional facility that prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility.

(B)

The product is available only from Federal Prison Industries and the contract may be awarded under the authority of section 2304(c)(1) of title 10, United States Code, or section 303(c)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1)), as may be applicable, pursuant to the justification and approval requirements relating to noncompetitive procurements specified by law and the Federal Acquisition Regulation.

(C)

The head of the executive agency determines that the product that would otherwise be furnished is to be produced, in whole or in significant part, by prison labor outside the United States.

(2)
(A)

A determination made by the Attorney General regarding a contract pursuant to paragraph (1)(A) shall be—

(i)

supported by specific findings by the warden of the penal or correctional institution at which a Federal Prison Industries workshop is scheduled to perform the contract;

(ii)

supported by specific findings by Federal Prison Industries regarding the reasons that it does not expect to be selected for award of the contract on a competitive basis; and

(iii)

made and reported in the same manner as a determination made pursuant to section 303(c)(7) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(7)).

(B)

The Attorney General may not delegate to any other official authority to make a determination that is required under paragraph (1)(A) to be made personally by the Attorney General.

(e)

Performance as a Subcontractor

(1)

A contractor or potential contractor under a contract entered into by the head of an executive agency may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of the contract by any means, including means such as—

(A)

a provision in a solicitation of offers that requires a contractor to offer to use or specify products or services of Federal Prison Industries in the performance of the contract;

(B)

a contract clause that requires the contractor to use or specify products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; or

(C)

any contract modification that requires the use of products or services of Federal Prison Industries in the performance of the contract.

(2)

A contractor using Federal Prison Industries as a subcontractor or supplier in furnishing a commercial product pursuant to a contract of an executive agency shall implement appropriate management procedures to prevent an introduction of an inmate-produced product into the commercial market.

(3)

In this subsection, the term contractor, with respect to a contract, includes a subcontractor at any tier under the contract.

(f)

Protection of Classified and Sensitive Information

The head of an executive agency may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to—

(1)

any data that is classified or will become classified after being merged with other data;

(2)

any geographic data regarding the location of—

(A)

surface or subsurface infrastructure providing communications or water or electrical power distribution;

(B)

pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or

(C)

other utilities; or

(3)

any personal or financial information about any individual private citizen, including information relating to such person’s real property however described, without the prior consent of the individual.

.

(b)

Clerical Amendment

The table of contents in section 1(b) of such Act is amended by adding at the end the following new item:

Sec. 43. Governmentwide procurement policy relating to purchases from Federal Prison Industries.

.

2.

Conforming amendments

(a)

Repeal of Inconsistent Requirements Applicable to Department of Defense

(1)

Repeal

Section 2410n of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 141 of such title is amended by striking the item relating to section 2410n.

(b)

Repeal of Inconsistent Requirements Applicable to Other Agencies

Section 4124 of title 18, United States Code, is amended—

(1)

by striking subsections (a) and (b);

(2)

by redesignating subsections (c) and (d) as subsections (a) and (b), respectively; and

(3)

in subsection (a), as redesignated by paragraph (2), by striking Federal department, agency, and institution subject to the requirements of subsection (a) and inserting Federal department and agency.

(c)

Other Laws

(1)

Section 3 of the Javits-Wagner-O’Day Act (41 U.S.C. 48) is amended by striking which, under section 4124 of such title, is required and inserting which is required by law.

(2)

Section 31(b)(4) of the Small Business Act (15 U.S.C. 657a(b)(4)) is amended by striking a different source under section 4124 or 4125 of title 18, United States Code, or the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) and inserting a different source under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) or Federal Prison Industries under section 40(d) of the Office of Federal Procurement Policy Act or section 4125 of title 18, United States Code.

3.

Clarifying amendment relating to services

(a)

In General

Section 1761 of title 18, United States Code, is amended in subsections (a) and (c) by striking goods, wares, or merchandise manufactured, produced, or mined each place it appears and inserting products manufactured, services furnished, or minerals mined.

(b)

Completion of Existing Agreements

Any prisoner work program operated by a prison or jail of a State or local jurisdiction of a State which is providing services for the commercial market through inmate labor on October 1, 2007, may continue to provide such commercial services until—

(1)

the expiration date specified in the contract or other agreement with a commercial partner on October 1, 2007; or

(2)

until September 30, 2011, if the prison work program is directly furnishing the services to the commercial market.

(c)

Approval Required for Long-Term Operation

A prison work program operated by a correctional institution operated by a State or local jurisdiction of a State may continue to provide inmate labor to furnish services for sale in the commercial market after the dates specified in subsection (b) if such program has been certified pursuant to section 1761(c)(1) of title 18, United States Code, and is in compliance with the requirements of such subsection and its implementing regulations.

(d)

Existing Work Opportunities for Federal Inmates

Any private for-profit business entity having an agreement with Federal Prison Industries in effect on the date of the enactment of this Act, under which Federal inmates are furnishing services that are being introduced into the commercial market, may continue to furnish such services for the duration of the term of such agreement.

(e)

Additional Amendment

Section 1761 of title 18, United States Code, is further amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following new subsection:

(d)

This section shall not apply to services performed as part of an inmate work program conducted by a State or local government to disassemble, scrap, and recycle products, other than electronic products, that would otherwise be disposed of in a landfill. Recovered scrap from such program may be sold.

.

(f)

Conforming Amendment

Section 4122(a) of title 18, United States Code, is amended by striking production of commodities and inserting production of products or furnishing of services.

4.

Effective date

(a)

In general

Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

(b)

Exception

Subsections (b), (c), and (d) of section 3 shall take effect on the date of the enactment of this Act.