HR 2965 RCS 
‘‘(3) any personal or financial information 
about any individual private citizen, including infor-
mation relating to such person’s real property how-
ever described, without the prior consent of the indi-
vidual. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘competitive procedures’ has the 
meaning given such term in section 4(5) of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 
403(5)). 
‘‘(2) The term ‘market research’ means obtain-
ing specific information about the price, quality, and 
time of delivery of products available in the private 
sector through a variety of means, which may in-
clude— 
‘‘(A) contacting knowledgeable individuals 
in government and industry; 
‘‘(B) interactive communication among in-
dustry, acquisition personnel, and customers; 
and 
‘‘(C) interchange meetings or pre-solicita-
tion conferences with potential offerors.’’. 
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SEC. 5. AUTHORITY TO PERFORM AS A FEDERAL SUBCON-
TRACTOR. 
(a) IN GENERAL.—Federal Prison Industries is au-
thorized 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 per-
formance 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 Fed-
eral prime contractor or subcontractor, subject to any 
prior approval of subcontractors or suppliers by the con-
tracting officer which may be imposed by the Federal Ac-
quisition Regulation or by the contract. 
(b) LIMITATIONS ON USE.—Federal Prison Indus-
tries is prohibited from being a subcontractor or supplier 
at any tier if— 
(1) the product or service is to be acquired by 
a Federal department or agency pursuant to section 
3 of the Javits-Wagner-O’Day Act (41 U.S.C. 48); 
or 
(2) the product to be acquired by the Federal 
department or agency is subject to section 2533a of 
title 10, United States Code. 
(c) COMMERCIAL SALES PROHIBITED.—The author-
ity provided by subsection (a) shall not result, either di-
rectly or indirectly, in the sale in the commercial market 
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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 subcon-
tractor at any tier) using Federal Prison Industries as a 
subcontractor or supplier in furnishing a commercial prod-
uct pursuant to a Federal contract shall implement appro-
priate management procedures to prevent introducing an 
inmate-produced product into the commercial market. 
(d) 
PROHIBITIONS
ON
MANDATING
SUBCON-
TRACTING 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 con-
tractors 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 prod-
ucts or services) offered by Federal Prison Indus-
tries in the performance of the contract; 
(3) any contract modification directing the use 
of Federal Prison Industries, its products or serv-
ices; or 
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(4) any other means. 
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 (11) a new paragraph (12) as fol-
lows: 
‘‘(12)(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. In the case of an inmate whose term of im-
prisonment is to expire in not more than 2 years, wages 
shall be earned at an hourly rate of not less than $2.50, 
but paid at the same rate and in the same manner as to 
any other inmate, and any amount earned but not paid 
shall be held in trust and paid only upon the actual expira-
tion of the term of imprisonment. 
‘‘(B) The various inmate wage rates shall be reviewed 
and considered for increase on not less than a biannual 
basis. 
‘‘(C) The Board of Directors of Federal Prison In-
dustries shall— 
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