relating to the performance of such contract shall be final, 
unless reversed on appeal pursuant to paragraph (2) or 
(3). 
‘‘(2) The Chief Executive Officer of Federal Prison 
Industries may appeal to the head of a Federal depart-
ment or agency a decision by a contracting officer not to 
award a contract to Federal Prison Industries pursuant 
to subsection (b)(4). The decision of the head of a Federal 
department or agency on appeal shall be final. 
‘‘(3) A dispute between Federal Prison Industries 
and a procurement activity regarding performance of a 
contract shall be subject to— 
‘‘(A) alternative means of dispute resolution 
pursuant to subchapter IV of chapter 5 of title 5; 
or 
‘‘(B) final resolution by the board of contract 
appeals having jurisdiction over the procurement ac-
tivity’s contract performance disputes pursuant to 
the Contract Disputes Act of 1978 (41 U.S.C. 601 
et seq.). 
‘‘(f) REPORTING OF PURCHASES.—Each Federal de-
partment or agency shall report purchases from Federal 
Prison Industries to the Federal Procurement Data Sys-
tem (as referred to in section 6(d)(4) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 405(d)(4))) in the
same manner as it reports to such System any acquisition 
in an amount in excess of the simplified acquisition thresh-
old (as defined by section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11))). 
‘‘(g) CATALOG OF PRODUCTS.—Federal Prison In-
dustries shall publish and maintain a catalog of all specific 
products and services that it is authorized to offer for sale. 
Such catalog shall be periodically revised as products and 
services are added or deleted by its board of directors (in 
accordance with section 4122(b) of this title). 
‘‘(h) COMPLIANCE WITH STANDARDS.—Federal Pris-
on Industries shall be subject to Federal occupational, 
health, and safety standards with respect to the operation 
of its industrial operations.’’. 
SEC. 3. PUBLIC PARTICIPATION REGARDING EXPANSION 
PROPOSALS BY FEDERAL PRISON INDUS-
TRIES. 
Section 4122(b) of title 18, United States Code, is 
amended— 
(1) by redesignating paragraph (6) as para-
graph (12); and 
(2) by striking paragraphs (4) and (5) and in-
serting the following new paragraphs: 
‘‘(4) A decision to authorize Federal Prison Indus-
tries to offer a new specific product or specific service or
to expand the production of an existing product or service 
shall be made by its board of directors in conformance 
with the requirements of subsections (b), (c), (d), and (e) 
of section 553 of title 5, and this chapter. 
‘‘(5)(A) Whenever Federal Prison Industries pro-
poses to offer for sale a new specific product or specific 
service or to expand production of a currently authorized 
product or service, the Chief Operating Officer of Federal 
Prison Industries shall submit an appropriate proposal to 
the board of directors and obtain the board’s approval be-
fore initiating any such expansion. The proposal submitted 
to the board shall include a detailed analysis of the prob-
able impact of the proposed expansion of sales within the 
Federal market by Federal Prison Industries on private 
sector firms and their non-inmate workers. 
‘‘(B)(i) The analysis required by subparagraph (A) 
shall be performed by an interagency team on a reimburs-
able basis or by a private contractor paid by Federal Pris-
on Industries. 
‘‘(ii) If the analysis is to be performed by an inter-
agency team, such team shall be led by the Administrator 
of the Small Business Administration or the designee of 
such officer with representatives of the Department of 
Labor, the Department of Commerce, and the Federal 
Procurement Data Center.
‘‘(iii) If the analysis is to be performed by a private 
contractor, the selection of the contractor and the admin-
istration of the contract shall be conducted by one of the 
entities referenced in clause (ii) as an independent execu-
tive agent for the board of directors. Maximum consider-
ation shall be given to any proposed statement of work 
furnished by the Chief Operating Officer of Federal Prison 
Industries. 
‘‘(C) The analysis required by subparagraph (A) shall 
identify and consider— 
‘‘(i) the number of vendors that currently meet 
the requirements of the Federal Government for the 
specific product or specific service; 
‘‘(ii) the proportion of the Federal Government 
market for the specific product or specific service 
currently furnished by small businesses during the 
previous 3 fiscal years; 
‘‘(iii) the share of the Federal market for the 
specific product or specific service projected for Fed-
eral Prison Industries for the fiscal year in which 
production or performance will commence or expand 
and the subsequent 4 fiscal years; 
‘‘(iv) whether the industry producing the spe-
cific product or specific service in the private sec-
tor—