HR 2965 RCS 
‘‘(B) In the event of an adverse decision of a protest 
filed pursuant to subparagraph (A), the Assistant Attor-
ney General for Administration may request a reconsider-
ation of such adverse decision by the head of the Federal 
agency or department, which shall be considered de novo 
and the decision issued by such agency head on a non- 
delegable basis. Such decision upon reconsideration by the 
agency head 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 
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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 (13); and 
(2) by striking paragraphs (4) and (5) and in-
serting the following new paragraphs: 
‘‘(4)(A) Federal Prison Industries is authorized to 
offer a new specific product or furnish a new specific serv-
ice in response to a competitive solicitation or other pur-
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chase request issued by a Federal department or agency. 
No subsequent offering of such product or service may be 
made by Federal Prison Industries until the board of di-
rectors has approved the offering for sale of such new spe-
cific product or new specific service, in conformance with 
the requirements of paragraphs (5) through (9). 
‘‘(B) Federal Prison Industries may produce a prod-
uct or furnish a service in excess of the authorized level 
of production for such product or service, in response to 
an order placed pursuant to an existing contract with a 
Federal department or agency, if the agency’s need for 
the product or service is of such an urgency that it would 
justify the use of procedures other than competitive proce-
dures pursuant to section 2304(c)(2) of title 10 or section 
303(c)(2) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(c)(2)), as may be 
applicable. 
‘‘(5) 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 
for sale to the Federal Government 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. 
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