S 346 · 108th Congress 2003–2005, ended

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

Latest action · Nov 18, 2004 Placed on Senate Legislative Calendar under General Orders. Calendar No. 807.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 11, 2003
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(Sec. 1) Amends the Office of Federal Procurement Policy Act to require the head of each executive agency, in the procurement of any product authorized to be offered for sale by Federal Prison Industries (FPI), to: (1) use competitive procedures for the procurement of such product; or (2) make an individual purchase under a multiple award contract in accordance with competition requirements applicable to such purchases. Requires each agency head, in conducting such a procurement, to: (1) notify FPI of the procurement at the same time that other offerors are notified; and (2) consider a timely offer from FPI in the same manner as other offers (regardless of whether FPI is a contractor under an applicable multiple award contract). Instructs each agency head to ensure that: (1) the agency does not purchase a FPI product or service unless a contracting officer of the agency determines that the product or service is comparable to products or services available from the private sector that best meet the agency's needs in terms of price, quality, and time of delivery; and (2) FPI performs its contractual obligations to the agency to the same extent as any other contractor for the agency. Outlines exceptions to the competitive procedures requirement, including when: (1) the Attorney General determines that the FPI cannot reasonably expect fair consideration in such an award; and (2) the product is available only from FPI.

Prohibits a contractor or potential contractor from being required to use FPI as a subcontractor or supplier of products or provider of services under an agency contract. Requires a contractor using FPI as a subcontractor or supplier in furnishing a commercial product pursuant to an agency contract to implement appropriate management procedures to prevent an introduction of inmate-produced product into the commercial market.

Provides for the protection of classified and sensitive information under contracts between an executive agency and the FPI.

(Sec. 2) Makes technical and conforming amendments, including repealing procurement provisions relating to FPI products which are applicable to the Department of Defense.

(Sec. 3) Amends the Federal criminal code to allow FPI to sell or donate products or services to tax-exempt charitable organizations. Permits products or services sold or donated under this Act to be donated or sold by the charitable organization to low-income individuals who would otherwise have difficulty purchasing such products or services.

Allows FPI to sell or donate products or services to such an charitable organization only pursuant to a work agreement. Permits FPI to enter a work agreement relating to the sale or donation of products and services to such an organization only if: (1) the Attorney General determines, in consultation with the Secretaries of Labor and Commerce, that the product or services would not be available except for the availability of inmate workers provided by FPI; and (2) the work agreement is accompanied by a certification by the chief executive officer of the organization that no job of a noninmate employee or volunteer of the organization (or any affiliate) will be abolished, and no such employee 's or volunteer's work hours will be reduced as a result of the entity being authorized to utilize inmate workers and that the work to be performed by the inmate workers will not supplant work currently being performed by a contractor of the charitable organization.

(Sec. 4) Establishes the Enhanced In-Prison Educational and Vocational Assessment and Training Program within the FPI to provide, at a minimum, a full range of educational opportunities, vocational training and apprenticeships, and comprehensive release-readiness preparation for inmates in Federal prisons.

Declares that it shall be the objective of the Federal Bureau of Prisons to implement such Program in all Federal prisons not later than eight years after the enactment of this Act.

(Sec. 5) Directs FPI to increase inmate employment by producing new products or expanding the production of existing products for the public sector that would otherwise be produced outside the United States.

(Sec. 6) Provides that any correctional officer or other employee of FPI being paid with nonappropriated funds who would be separated from service because of a reduction in the net income of FPI before five years after this Act's enactment to be: (1) eligible for appointment or reappointment in the competitive service; (2) registered on a Bureau of Prisons reemployment priority list; and (3) given priority for any other position within the Bureau of Prisons for which such employee is qualified.

Cosponsors 8

Members who signed on, in the order they did. Signatures ran from Feb 11, 2003 to Jul 6, 2004; 1 is an original cosponsor, there from the day it was introduced.

SeatCosponsorSigned on
R-WYCraig ThomasOriginalFeb 11, 2003
R-MTConrad R. BurnsFeb 25, 2003
R-IAChuck GrassleyApr 29, 2003
R-ALRichard C. ShelbyJun 19, 2003
D-MIDebbie StabenowJul 8, 2003
R-GASaxby ChamblissJul 22, 2003
R-INRichard G. LugarApr 5, 2004
R-NCElizabeth DoleJul 6, 2004

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateHomeland Security and Governmental Affairs Committee
Referred Feb 11, 2003Markup Jun 2, 2004Reported Nov 18, 2004
Federal Financial Management, Government Information, Federal Services, and International Security Subcommittee
Referred Sep 24, 2003Hearings Apr 7, 2004

Actions 8

Everything that happened, newest first.

  1. Nov 18, 2004Committee on Governmental Affairs. Reported by Senator Collins with an amendment. With written report No. 108-415. Minority views filed.
  2. Nov 18, 2004Placed on Senate Legislative Calendar under General Orders. Calendar No. 807.
  3. Jun 2, 2004Committee on Governmental Affairs. Ordered to be reported with an amendment favorably.
  4. Apr 7, 2004Committee on Homeland Security and Governmental Affairs Subcommittee on Financial Management, the Budget, and International Security. Hearings held. With printed Hearing: S.Hrg. 108-697.
  5. Sep 24, 2003Committee on Governmental Affairs referred to Subcommittee on Financial Management, the Budget, and International Security.

In the Congressional Record 1

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S2205–S2207Carl Levin D-MI, Craig Thomas R-WYFeb 11, 2003

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jun 16, 2004S. 346, 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<p>Cost estimate for the bill as ordered reported by the Senate Committee on Governmental Affairs on June 2, 2004 </p>
  2. Jun 16, 2004S. 346, 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 purposesCost estimate for the bill as ordered reported by the Senate Committee on Governmental Affairs on June 2, 2004

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Titles 1

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to amend the Office of Federal Procurement Policy Act to establish a governmentwide policy requiring competition in certain executive agency procurements.

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 2

Each version as it was printed, newest first.

  1. Nov 18, 2004Reported to Senate
  2. Feb 11, 2003Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.