HR 2965 RFS 
(B) Prison-furnished service. 
(C) Specific product. 
(D) Specific service. 
(3) SCHEDULE
FOR
REGULATORY
DEFINI-
TIONS.— 
(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 
enactment of this Act and shall be effective on 
the date that is 30 days after the date of publi-
cation. 
(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 
impracticable or unnecessary by the Board of 
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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 
effectively solicit public comment on proposed 
regulations, procedures, and policies and to in-
form the affected public of final regulations, 
procedures, and policies. 
(C) OPEN
MEETING
PROCESSES.—The 
Board of Directors shall take all actions relat-
ing to the adoption of regulations, operating 
procedures, guidelines, and any other matter re-
lating to the governance and operation of Fed-
eral Prison Industries based on deliberations 
and a recorded 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 
Industries Board of Directors, pursuant to section 
11(d)(2), to establish an inmate training wage pur-
suant to section 14(a) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 214(a)), the Secretary of 
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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 
(C) a final regulation within 365 days. 
(2) ALTERNATIVE
TO
TIMELY
ISSUANCE.—In 
the event that the Secretary of Labor fails to issue 
an interim inmate training wage by the date re-
quired by paragraph (1)(B), the Federal Prison In-
dustries Board of Directors may prescribe an in-
terim 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 
TRAINING 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). 
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(B) An eligible entity having an approved 
agreement with Federal Prison Industries pur-
suant to section 4124b of title 18, United 
States Code, may continue to pay participating 
inmates at the wages prescribed in the agree-
ment for the duration of the agreement, if those 
wages comply with the standards of the interim 
inmate training wage issued pursuant to para-
graph (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 
agreement. 
SEC. 18. RULES OF CONSTRUCTION. 
(a) AGENCY BID PROTESTS.—Subsection (e) of sec-
tion 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 
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