HR 2965 RCS 
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 
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(6)(C) and be subject to the public comment requirements 
of paragraph (7). 
‘‘(10) The board of directors shall consider a proposal 
to authorize the sale of a new specific product or specific 
service (or to expand the volume of sales for a currently 
authorized product or service) and take any action with 
respect to such proposal, during a meeting that is open 
to the public, unless closed pursuant to section 552(b) of 
title 5. 
‘‘(11) In conformance with the requirements of para-
graph (10) of this subsection, the board of directors 
may— 
‘‘(A) authorize the donation of products pro-
duced or services furnished by Federal industries 
and available for sale; 
‘‘(B) authorize the production of a new specific 
product or the furnishing of a new specific service 
for donation; or 
‘‘(C) authorize a proposal to expand production 
of a currently authorized specific product or specific 
service in an amount in excess of a reasonable share 
of the market for such product or service, if— 
‘‘(i) a Federal agency or department, pur-
chasing such product or service, has requested 
that Federal Prison Industries be authorized to 
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furnish such product or service in amounts that 
are needed by such agency or department; or 
‘‘(ii) the proposal is justified for other good 
cause and supported by at least two-thirds of 
the appointed members of the board.’’. 
SEC. 4. TRANSITIONAL MANDATORY SOURCE AUTHORITY. 
(a) IN
GENERAL.—Notwithstanding the require-
ments of section 4124 of title 18, United States Code (as 
amended by section 2 of this Act), a Federal department 
or agency having a requirement for a product that is au-
thorized for sale by Federal Prison Industries and is listed 
in its catalog (referred to in section 4124(g) of title 18, 
United States Code) shall first solicit an offer from Fed-
eral Prison Industries and make purchases on a non-
competitive basis in accordance with this section or in ac-
cordance with section 2410n of title 10, United States 
Code, or section 318 of title III of the Federal Property 
and Administrative Services Act of 1949 (as added by sub-
section (j)). 
(b) PREFERENTIAL SOURCE STATUS.—Subject to 
the limitations of subsection (d), a contract award shall 
be made on a noncompetitive basis to Federal Prison In-
dustries if the contracting officer for the procurement ac-
tivity determines that— 
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