(A) Proposed regulations relating to the 
matter described in subsection (b)(2) shall be 
published not later than 60 days after the date 
of enactment of this Act and provide not less 
than 60 days for public comment. 
(B) Final regulations relating to the mat-
ters described in subsection (b)(2) shall be pub-
lished not less than 180 days after the date of en-
actment of this Act and shall be effective on the 
date that is 30 days after the date of publication. 
(4) ENHANCED
OPPORTUNITIES
FOR
PUBLIC 
PARTICIPATION AND SCRUTINY.— 
(A) ADMINISTRATIVE
PROCEDURE
ACT.— 
Regulations issued by the Board of Directors 
shall be subject to notice and comment rule-
making pursuant to section 553 of title 5, United 
States Code. Unless determined wholly impracti-
cable or unnecessary by the Board of Directors, 
the public shall be afforded 60 days for comment 
on proposed regulations. 
(B) ENHANCED OUTREACH.—The Board of 
Directors shall use means designed to most effec-
tively solicit public comment on proposed regula-
tions, procedures, and policies and to inform the 
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affected public of final regulations, procedures, 
and policies. 
(C) 
OPEN
MEETING
PROCESSES.—The 
Board of Directors shall take all actions relating 
to the adoption of regulations, operating proce-
dures, guidelines, and any other matter relating 
to the governance and operation of Federal Pris-
on Industries based on deliberations and a re-
corded vote conducted during a meeting open to 
the public, unless closed pursuant to section 
552(b) of title 5, United States Code. 
(c) SECRETARY OF LABOR.— 
(1) SCHEDULE
FOR
REGULATORY
ACTION.— 
Upon receipt of a request from the Federal Prison In-
dustries Board of Directors, pursuant to section 
11(d)(2), to establish an inmate training wage pursu-
ant to section 14(a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 214(a)), the Secretary of Labor, 
in consultation with the Attorney General, shall 
issue— 
(A) an advanced notice of proposed rule-
making within 60 days; 
(B) an interim regulation with concurrent 
request for public comments within 180 days; 
and 
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(C) a final regulation within 365 days. 
(2) ALTERNATIVE TO TIMELY ISSUANCE.—In the 
event that the Secretary of Labor fails to issue an in-
terim inmate training wage by the date required by 
paragraph (1)(B), the Federal Prison Industries 
Board of Directors may prescribe an interim inmate 
training wage, which shall be in an amount not less 
than 50 percent of the amount of the minimum wage 
prescribed pursuant to section 6(a)(1) of such Act (29 
U.S.C. 206(a)(1)). 
(3) CONTINUED USE OF INTERIM INMATE TRAIN-
ING WAGE.— 
(A) The interim inmate training wage 
issued pursuant to paragraph (1)(B) or pre-
scribed under paragraph (2) shall remain in ef-
fect until the effective date of a final regulation, 
issued pursuant to paragraph (1)(C). 
(B) An eligible entity having an approved 
agreement with Federal Prison Industries pursu-
ant to section 4124b of title 18, United States 
Code, may continue to pay participating in-
mates at the wages prescribed in the agreement 
for the duration of the agreement, if those wages 
comply with the standards of the interim inmate 
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training wage issued pursuant to paragraph 
(1)(B) or prescribed under paragraph (2). 
(4) EXISTING
AGREEMENTS
WITH
NONCON-
FORMING
WAGES.—Any for-profit business concern 
having an agreement with Federal Prison Industries 
in effect on the date of enactment of this Act, under 
which Federal inmates are furnishing services that 
are being introduced into the commercial market, 
may continue to pay wages at rates specified in the 
agreement for the duration of the term of such agree-
ment. 
SEC. 18. RULES OF CONSTRUCTION. 
(a) AGENCY BID PROTESTS.—Subsection (e) of section 
4124 of title 18, United States Code, as amended by section 
2, is not intended to alter any rights of any offeror other 
than Federal Prison Industries to file a bid protest in ac-
cordance with other law or regulation in effect on the date 
of the enactment of this Act. 
(b) JAVITS-WAGNER-O’DAY ACT.—Nothing in this Act 
is intended to modify the Javits-Wagner-O’Day Act (41 
U.S.C. 46 et seq.). 
SEC. 19. EFFECTIVE DATE AND APPLICABILITY. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this Act 
shall take effect on the date of enactment of this Act. 
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