I 

116TH CONGRESS 

2D SESSION H. R. 9012 

To amend title 18, United States Code, to eliminate Federal Prison Industries 

advantages over the private sector and small business in the procurement 

of commercially available goods and services. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 17, 2020 

Mr. HUIZENGA (for himself and Mr. BROOKS of Alabama) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to eliminate Federal 

Prison Industries advantages over the private sector and 

small business in the procurement of commercially available goods and services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Protec5 tion Act of 2020’’. 


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1 SEC. 2. MODIFICATIONS IN AUTHORITY OF FEDERAL PRIS2 ON INDUSTRIES. 

3 (a) ELIMINATION OF MANDATORY SOURCING FOR

4 GOVERNMENT CONTRACTS.— 

5 (1) Section 4124 of title 18, United States 

6 Code, is repealed. 

7 (2) The table of sections at the beginning of 

8 chapter 307 of title 18, United States Code, is 

9 amended by striking the item relating to section 

10 4124. 

11 (b) ELIMINATION OF SMALL BUSINESS SET-ASIDES

12 FOR FEDERAL PRISON INDUSTRIES.—Section 4122 of 

13 title 18, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(f) Federal Prison Industries is ineligible to produce 

16 any product under a contract awarded to a small business 

17 concern pursuant to section 15(a) of the Small Business 

18 Act.’’. 

19 (c) PROTECTION OF CLASSIFIED AND SENSITIVE IN20 FORMATION.—Section 4122 of title 18, United States 

21 Code, as amended by subsection (b), is further amended 

22 by adding at the end the following: 

23 ‘‘(g) The head of an executive agency may not enter 

24 into any contract with Federal Prison Industries under 

25 which an inmate worker would have access to— 

26 ‘‘(1) any data that is classified; 


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1 ‘‘(2) any geographic data regarding the location 

2 of— 

3 ‘‘(A) surface and subsurface infrastructure 

4 providing communications or water or electrical 

5 power distribution; 

6 ‘‘(B) pipelines for the distribution of nat7 ural gas, bulk petroleum products, or other 

8 commodities; or 

9 ‘‘(C) other utilities; or 

10 ‘‘(3) any personal or financial information 

11 about any individual private citizen, including infor12 mation relating to such person’s real property how13 ever described, without the prior consent of the indi14 vidual.’’. 

15 (d) REPORT TO CONGRESS.—Not later than 180 days 

16 after the date of the enactment of this Act, after consulta17 tion with the Small Business Administration and the Sec18 retary of the Department of Labor, the Attorney General 

19 shall submit to Congress a report on the following: 

20 (1) The progress made in the transition of Fed21 eral Prison Industries to only manufacturing items 

22 or providing professional services solely made or of23 fered overseas. 

24 (2) The loss of revenue for Federal Prison In25 dustries that resulted from the transition described 


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1 in paragraph (1), and the market share of items and 

2 professional services described in paragraph (1) that 

3 will be needed to make up such loss. 

4 (3) The development of an expedited timeline 

5 and the necessary action items needed for the transi6 tion described in paragraph (1). 

Æ 


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