‘‘(A) the number of inmates employed;
‘‘(B) the number of inmates utilized to
produce products or furnish services sold in the
commercial market;
‘‘(C) the number and percentage of em-
ployed inmates by the term of their incarcer-
ation; and
‘‘(D) the various hourly wages paid to in-
mates employed with respect to the production
of the various specific products and types of
services authorized for production and sale to
Federal agencies and in the commercial market;
and
‘‘(5) data concerning employment obtained by
former inmates upon release to determine whether
the employment provided by Federal Prison Indus-
tries during incarceration provided such inmates
with knowledge and skill in a trade or occupation
that enabled such former inmate to earn a livelihood
upon release.
‘‘(c) PUBLIC AVAILABILITY.—Copies of an annual re-
port under subsection (a) shall be made available to the
public at a price not exceeding the cost of printing the
report.’’.
SEC. 15. INDEPENDENT STUDY TO DETERMINE THE EF-
FECTS OF ELIMINATING THE FEDERAL PRIS-
ON INDUSTRIES MANDATORY SOURCE AU-
THORITY.
(a) STUDY REQUIRED.—The Comptroller General
shall undertake to have an independent study conducted
on the effects of eliminating the Federal Prison Industries
mandatory source authority.
(b) SOLICITATION OF VIEWS.—The Comptroller Gen-
eral shall ensure that in developing the statement of work
and the methodology for the study, the views and input
of private industry, organized labor groups, Members and
staff of the relevant Congressional committees, officials of
the executive branch, and the public are solicited.
(c) SUBMISSION.—Not later than June 30, 2004, the
Comptroller General shall submit the results of the study
to Congress, including any recommendations for legisla-
tion.
SEC. 16. SENSE OF CONGRESS.
It is the sense of Congress that it is important to
study the concept of implementing a ‘‘good time’’ release
program for non-violent criminals in the Federal prison
system.
SEC. 17. DEFINITIONS.
Chapter 307 of title 18, United States Code, is
amended by adding at the end the following new section:
‘‘§ 4131. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘assembly’ means the process of
uniting or combining articles or components (includ-
ing ancillary finished components or assemblies) so
as to produce a significant change in form or utility,
without necessarily changing or altering the compo-
nent parts;
‘‘(2) the term ‘current market price’ means,
with respect to a specific product, the fair market
price of the product within the meaning of section
15(a) of the Small Business Act (15 U.S.C. 644(a)),
at the time that the contract is to be awarded,
verified through appropriate price analysis or cost
analysis, including any costs relating to transpor-
tation or the furnishing of any ancillary services;
‘‘(3) the term ‘import-sensitive product’ means
a product which, according to Department of Com-
merce data, has experienced competition from im-
ports at an import to domestic production ratio of
25 percent or greater;
‘‘(4) the term ‘labor-intensive manufacture’
means a manufacturing activity in which the value
of inmate labor constitutes at least 10 percent of the
estimate unit cost to produce the item by Federal
Prison Industries;
‘‘(5) the term ‘manufacture’ means the process
of fabricating from raw or prepared materials, so as
to impart to those materials new forms, qualities,
properties, and combinations;
‘‘(6) the term ‘reasonable share of the market’
means a share of the total purchases by the Federal
departments and agencies, as reported to the Fed-
eral Procurement Data System for—
‘‘(A) any specific product during the 3 pre-
ceding fiscal years, that does not exceed 20 per-
cent of the Federal market for the specific
product; and
‘‘(B) any specific service during the 3 pre-
ceding fiscal years, that does not exceed 5 per-
cent of the Federal market for the specific serv-
ice; and
‘‘(7) the term ‘services’ has the meaning given
the term ‘service contract’ by section 37.101 of the
Federal Acquisition Regulation (48 CFR 36.102), as
in effect on July 1, 2002.’’.
SEC. 18. IMPLEMENTING REGULATIONS AND PROCEDURES.
(a) FEDERAL ACQUISITION REGULATION.—
(1) PROPOSED REVISIONS.—Proposed revisions
to the Governmentwide Federal Acquisition Regula-
tion to implement the amendments made by this Act
shall be published not later than 60 days after the
date of the enactment of this Act and provide not
less than 60 days for public comment.
(2) FINAL
REGULATIONS.—Final regulations
shall be published not later than 180 days after the
date of the enactment of this Act and shall be effec-
tive on the date that is 30 days after the date of
publication.
(3) PUBLIC
PARTICIPATION.—The proposed
regulations required by subsection (a) and the final
regulations required by subsection (b) shall afford
an opportunity for public participation in accordance
with section 22 of the Office of Federal Procurement
Policy Act (41 U.S.C. 418b).
(b) BOARD OF DIRECTORS.—
(1) IN GENERAL.—The Board of Directors of
Federal Prison Industries shall issue regulations de-
fining the terms specified in paragraph (2).
(2) TERMS TO BE DEFINED.—The Board of Di-
rectors shall issue regulations for the following
terms:
(A) Prison-made product.
(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
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.
SEC. 19. 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
in accordance 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.).
(4) by adding at the end the following new
items:
‘‘4130. Construction of provisions.
‘‘4131. Definitions.’’.
SEC. 22. PROCUREMENT OF GOODS AND SERVICES MANU-
FACTURED IN THE UNITED STATES.
In any case in which a procurement activity proceeds
to conduct a procurement for a product or service as de-
scribed in paragraph (6) of section 4124(b) of title 18,
United States Code, as added by section 2, the procure-
ment must be of goods or services manufactured in the
United States.
Passed the House of Representatives November 6,
2003.
Attest:
Clerk.