of the various specific products and types of 
services authorized for production and sale to 
Federal agencies and in the commercial market; 
and 
‘‘(6) 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. 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, 
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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; 
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‘‘(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, 2010.’’. 
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. 
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(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.— 
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(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-
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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 
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 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). 
(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-
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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. 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.). 
SEC. 20. 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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(b) APPLICABILITY.—Section 4124 of title 18, United 
States Code, as amended by section 2, shall apply to any 
requirement for a product or service offered by Federal 
Prison Industries needed by a Federal department or 
agency after the effective date of the final regulations 
issued pursuant to section 17(a)(2), or after September 
30, 2014, whichever is earlier. 
SEC. 21. CLERICAL AMENDMENTS. 
The table of sections for chapter 307 of title 18, 
United States Code, is amended— 
(1) by amending the item relating to section 
4121 to read as follows: 
‘‘4121. Federal Prison Industries; Board of Directors: executive management.’’; 
(2) by amending the item relating to section 
4124 to read as follows: 
‘‘4124. Governmentwide procurement policy relating to purchases from Federal 
Prison Industries.’’; 
(3) by inserting after the item relating to sec-
tion 4124 the following new items: 
‘‘4124a. Additional inmate work opportunities through public service activities. 
‘‘4124b. Re-entry employment preparation through work-based training and ap-
prenticeship.’’; 
(4) by amending the item relating to section 
4127 to read as follows: 
‘‘4127. Federal Prison Industries report to Congress.’’; 
and 
(5) by adding at the end the following new 
items: 
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‘‘4130. Construction of provisions. 
‘‘4131. Definitions.’’. 
Æ 
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