H.R. 2965 - Federal Prison Industries Competition In Contracting Act of 2006

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday September 12, 2006.
FLOOR ACTION: ADOPTED BY A VOICE VOTE on Wednesday September 13, 2006.

MANAGERS: GINGREY/HASTINGS(FL)

109th Congress
2nd Session

H.RES. 997

[Report No. 109-647]

 

 

H.R. 2965 – FEDERAL PRISON INDUSTRIES COMPETITION IN CONTRACTING ACT OF 2006

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

6. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

---------

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2965) to amend title 18, United States Code, to require Federal Prison Industries to compete for its contracts minimizing its unfair competition with private sector firms and their non-inmate workers and empowering Federal agencies to get the best value for taxpayers' dollars, to provide a five-year period during which Federal Prison Industries adjusts to obtaining inmate work opportunities through other than its mandatory source status, to enhance inmate access to remedial and vocational opportunities and other rehabilitative opportunities to better prepare inmates for a successful return to society, to authorize alternative inmate work opportunities in support of non-profit organizations and other public service programs, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

1. Sensenbrenner (WI) #3: 
Manager's Amendment. Modifies 13 dates in various provisions of the bill to reflect the passage of time since the bill's introduction, which were not modified during the Committee's consideration. Also corrects one sectional cross reference and a reference to an Executive Branch agency. Adds a provision explicitly requiring Federal Prison Industries (FPI) to establish a cost accounting system which was implicit in, and necessary to implement, the amendment by Rep. Issa which was adopted during Judiciary Committee consideration of the bill. Also makes a grammatical correction to the Issa amendment. (10 minutes)

2. Scott, Robert (VA) #8: 
Allows the Attorney General to direct agencies within the Department of Justice to award individual contracts to Federal Prison Industries (FPI) on a non-competitive basis. (10 minutes)

3. Lungren (CA)/Chabot (OH)/Scott, Robert (VA) #4: 
Postpones the scheduled phase out of mandatory source for one year if the percentage of inmates employed by Federal Prison Industries (FPI) falls below 17%. Also requires the Attorney General to study ways to increase participation in FPI if participation in FPI falls below 17%. (10 minutes)

4. Cuellar (TX) #2: 
(REVISED) Requires inmates performing work for the Federal Prison Industries (FPI) to contribute a portion of their earnings to living expenses. (10 minutes)

5. Scott, Robert (VA) #7: 
(REVISED) Allows Federal Prison Industries (FPI) to continue service contracts of the nature and to the extent it was doing so on the date of enactment of the bill. (10 minutes)

TEXT OF THE AMENDMENTS
(summaries derived from information provided by sponsors)

1. Sensenbrenner (WI) #3

2. Scott, Robert (VA) #8: 

3. Lungren (CA)/Chabot (OH)/Scott, Robert (VA) #4: 

4. Cuellar (TX) #2: 

5. Scott, Robert (VA) #7: