SEC. 4. REVIVAL OF OLD LAW UPON FAILURE OF CONDI-
TIONS.
(a) IN GENERAL.—
(1) DETERMINATION.—On the date that is—
(A) 3 years after the date of the enactment
of this Act; and
(B) 5 years after the date of the enact-
ment of this Act;
the Attorney General shall determine what percentage of
the total eligible inmates are employed by Federal Prison
Industries.
(2) NOTICE
TO CONGRESS.—If the Attorney
General determines under paragraph (1) that less
than 25 percent of the total number of eligible in-
mates are employed by the Federal Prison Indus-
tries, the Attorney General may, not later than 180
days after that determination, provide notice of that
determination to Congress.
(3) EFFECT OF NOTICE.—If the Attorney Gen-
eral provides notice to Congress under paragraph (2)
the amendments made by this Act shall cease to
have any further effect 60 days after that notice is
so provided.
(b) DEFINITION.—As used in this section, the term
‘‘eligible inmate’’ means a person—
(1) committed to the custody of the Bureau of
Prisons pursuant to section 3621 of this title;
(2) designated to a low, medium, or high secu-
rity facility operated by the Bureau of Prisons; and
(3) who is physically and mentally able to work.
SEC. 5. STATE PRISON INDUSTRY SALES AUTHORITY.
Section 1761 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(e)(1) In addition to the exceptions set forth in sub-
sections (b) and (c), this chapter does not apply to goods,
wares, or merchandise manufactured, produced, or mined
by convicts or prisoners if—
‘‘(A)(i) in connection with that manufacture,
production, or mining, such convicts or prisoners re-
ceive wages at a rate equal to the Federal minimum
wage from time to time in effect; or
‘‘(ii) such goods, wares, or merchandise, would
otherwise be produced by foreign workers outside the
United States; and
‘‘(B) on or before any such sales commence, the
State adopts a plan to eliminate, not later than 7
years after the date on which such sales commence,
any requirement that departments or agencies of
that State purchase the goods, merchandise, or
wares manufactured, produced, or mined by convicts
or prisoners incarcerated in that State.
‘‘(2) Nothing in this subsection shall prohibit a State
or municipality deducting from any wages paid under this
subsection amounts for—
‘‘(A) payment of fines and restitution owed by
the prisoner pursuant to court order;
‘‘(B) reasonable charges for room and board;
‘‘(C) allocations for support of the inmate’s
family pursuant to statute, court order, or agree-
ment by the inmate;
‘‘(D) contributions to be held on account and
paid out to the inmate upon release; and
‘‘(E) contributions to any fund established by
law to compensate the victims of crime.’’.
SEC. 6. CONFORMING AMENDMENTS.
(a) SECTION 1761.—Section 1761 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(f) This section does not apply to sales of products
made pursuant to section 4131.’’.
(b) SECTION 1762.—Title 18, United States Code,
is amended by striking section 1762.
(c) SECTION 4123.—Title 18, United States Code, is
amended by striking section 4123.
(d) CLERICAL AMENDMENTS.—
(1) CHAPTER 307.—The table of sections at the
beginning of chapter 307 of title 18, United States
Code, is amended—
(A) so that the items relating to sections
4121 through 4122 read as follows:
‘‘4121. Industrial operations in Federal prisons.
‘‘4122. Federal Prison Industries.’’;
(B) by striking the item relating to section
4123; and
(C) by adding at the end the following new
items:
‘‘4130. Federal Prison Industry inmate labor.
‘‘4131. Sale of products; contracts for the provision of labor; inmate wages.
‘‘4132. Elimination of mandatory source purchase requirement.
‘‘4133. Procurement from the private sector.
‘‘4134. Applicability of other law.
‘‘4135. Definitions.’’.
(2) CHAPTER 85.—The table of sections at the
beginning of chapter 85 of title 18, United States
Code, is amended by striking the item relating to
section 1762.
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