2:16 PM EST

Mark Green, R-WI 8th

Mr. GREEN of Wisconsin. Mr. Chairman, I demand a recorded vote.

The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Wisconsin (Mr. Green) will be postponed.

Are there further amendments to section 4?

If not, the Clerk will designate section 5.

The text of section 5 is as follows:

SEC. 5. AUTHORITY TO PERFORM AS A FEDERAL SUBCONTRACTOR.

(a) IN GENERAL.--Federal Prison Industries is authorized to enter into a contract with a Federal contractor (or a subcontractor of such contractor at any tier) to produce products as a subcontractor or supplier in the performance of a Federal procurement contract. The use of Federal Prison Industries as a subcontractor or supplier shall be a wholly voluntary business decision by the Federal prime contractor or subcontractor, subject to any prior approval of subcontractors or suppliers

by the contracting officer which may be imposed by the Federal Acquisition Regulation or by the contract.

(b) COMMERCIAL SALES PROHIBITED.--The authority provided by subsection (a) shall not result, either directly or indirectly, in the sale in the commercial market of a product or service resulting from the labor of Federal inmate workers in violation of section 1761(a) of title 18, United States Code. A Federal contractor (or subcontractor at any tier) using Federal Prison Industries as a subcontractor or supplier in furnishing a commercial product pursuant to a Federal contract shall implement

appropriate management procedures to prevent introducing an inmate-produced product into the commercial market.

(c) PROHIBITIONS ON MANDATING SUBCONTRACTING WITH FEDERAL PRISON INDUSTRIES.--Except as authorized under the Federal Acquisition Regulation, the use of Federal Prison Industries as a subcontractor or supplier of products or provider of services shall not be imposed upon prospective or actual Federal prime contractors or a subcontractors at any tier by means of--

(1) a contract solicitation provision requiring a contractor to offer to make use of Federal Prison Industries, its products or services;

(2) specifications requiring the contractor to use specific products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract;

(3) any contract modification directing the use of Federal Prison Industries, its products or services; or

(4) any other means.

The CHAIRMAN pro tempore. Are there any amendments to section 5?

If not, the Clerk will designate section 6.

The text of section 6 is as follows:

SEC. 6. INMATE WAGES AND DEDUCTIONS.

Section 4122(b) of title 18, United States Code (as amended by section 3 of this Act), is further amended by adding after paragraph (10) a new paragraph (11) as follows:

``(11)(A) The Board of Directors of Federal Prison Industries shall prescribe the rates of hourly wages to be paid inmates performing work for or through Federal Prison Industries. The Director of the Federal Bureau of Prisons shall prescribe the rates of hourly wages for other work assignments within the various Federal correctional institutions.

``(B) The various inmate wage rates shall be reviewed and considered for increase on not less than a biannual basis.

``(C) Wages earned by an inmate worker shall be paid in the name of the inmate. Deductions, aggregating to not more than 80 percent of gross wages, shall be taken from the wages due for--

``(i) applicable taxes (Federal, State, and local);

``(ii) payment of fines and restitution pursuant to court order;

``(iii) payment of additional restitution for victims of the inmate's crimes (at a rate not less than 10 percent of gross wages);

``(iv) allocations for support of the inmate's family pursuant to statute, court order, or agreement with the inmate;

``(v) allocations to a fund in the inmate's name to facilitate such inmate's assimilation back into society, payable at the conclusion of incarceration; and

``(vi) such other deductions as may be specified by the Director of the Bureau of Prisons.

``(D) Each inmate worker working for Federal Prison Industries shall indicate in writing that such person--

``(i) is participating voluntarily; and

``(ii) understands and agrees to the wages to be paid and deductions to be taken from such wages.''.

The CHAIRMAN pro tempore. Are there any amendments to section 6?

AMENDMENT OFFERED BY MS.

WATERS