specific product or continued sale of a previously author-
ized product unless—
‘‘(I) the product to be furnished is a prison-
made product; or 
‘‘(II) the service to be furnished is to be per-
formed by inmate workers. 
‘‘(ii) The board of directors may not approve a pro-
posal to authorize the production and sale of a new prison-
made product or to expand production of a currently au-
thorized product if the product is—
‘‘(I) produced in the private sector by an indus-
try which has reflected during the previous year an 
unemployment rate above the national average; or 
‘‘(II) an import-sensitive product. 
‘‘(iii) The board of directors may not approve a pro-
posal for inmates to provide a service in which an inmate 
worker has access to—
‘‘(I) personal or financial information about in-
dividual private citizens, including information relat-
ing to such person’s real property, however de-
scribed, without giving prior notice to such persons 
or class of persons to the greatest extent practicable; 
‘‘(II) geographic data regarding the location of 
surface and subsurface infrastructure providing com-
munications, water and electrical power distribution,
pipelines for the distribution of natural gas, bulk pe-
troleum products and other commodities, and other 
utilities; or 
‘‘(III) data that is classified. 
‘‘(iv)(I) Federal Prison Industries is prohibited from 
furnishing through inmate labor construction services, un-
less to be performed within a Federal correctional institu-
tion pursuant to the participation of an inmate in an ap-
prenticeship or other vocational education program teach-
ing the skills of the various building trades. 
‘‘(II) For purposes of this clause, the term ‘construc-
tion’ has the meaning given such term by section 2.101 
of the Federal Acquisition Regulation (48 C.F.R. part 
2.101), as in effect on June 1, 2004, including the repair, 
alteration, or maintenance of real property in being. 
‘‘(7) To provide further opportunities for participa-
tion by interested parties, the board of directors shall—
‘‘(A) give additional notice of a proposal to au-
thorize the production and sale of a new product or 
service, or expand the production of a currently au-
thorized product or service, in a publication designed 
to most effectively provide notice to private vendors 
and labor unions representing private sector workers 
who could reasonably be expected to be affected by 
approval of the proposal, which notice shall offer to
furnish copies of the analysis required by paragraph 
(6) and shall solicit comment on the analysis; 
‘‘(B) solicit comments on the analysis required 
by paragraph (6) from trade associations rep-
resenting vendors and labor unions representing pri-
vate sector workers who could reasonably be ex-
pected to be affected by approval of the proposal to 
authorize the production and sale of a new product 
or service (or expand the production of a currently 
authorized product or service); and 
‘‘(C) afford an opportunity, on request, for a 
representative of an established trade association, 
labor union, or other private sector representatives 
to present comments on the proposal directly to the 
board of directors. 
‘‘(8) The board of directors shall be provided copies 
of all comments received on the expansion proposal. 
‘‘(9) Based on the comments received on the initial 
expansion proposal, the Chief Operating Officer of Federal 
Prison Industries may provide the board of directors a re-
vised expansion proposal. If such revised proposal provides 
for expansion of inmate work opportunities in an industry 
different from that initially proposed, such revised pro-
posal shall reflect the analysis required by paragraph