in an amount in excess of the simplified acquisition thresh-
old (as defined by section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11))). 
‘‘(g) CATALOG OF PRODUCTS.—Federal Prison In-
dustries shall publish and maintain a catalog of all specific 
products and services that it is authorized to offer for sale. 
Such catalog shall be periodically revised as products and 
services are added or deleted by its board of directors (in 
accordance with section 4122(b) of this title). 
‘‘(h) COMPLIANCE WITH STANDARDS.—Federal Pris-
on Industries shall be subject to Federal occupational, 
health, and safety standards with respect to the operation 
of its industrial operations.’’. 
SEC. 3. PUBLIC PARTICIPATION REGARDING EXPANSION 
PROPOSALS BY FEDERAL PRISON INDUS-
TRIES. 
Section 4122(b) of title 18, United States Code, is 
amended—
(1) by redesignating paragraph (6) as para-
graph (13); and 
(2) by striking paragraphs (4) and (5) and in-
serting the following new paragraphs: 
‘‘(4)(A) Federal Prison Industries is authorized to 
offer a new specific product or furnish a new specific serv-
ice in response to a competitive solicitation or other pur-
chase request issued by a Federal department or agency. 
No subsequent offering of such product or service may be 
made by Federal Prison Industries until the board of di-
rectors has approved the offering for sale of such new spe-
cific product or new specific service, in conformance with 
the requirements of paragraphs (5) through (9). 
‘‘(B) Federal Prison Industries may produce a prod-
uct or furnish a service in excess of the authorized level 
of production for such product or service, in response to 
an order placed pursuant to an existing contract with a 
Federal department or agency, if the agency’s need for 
the product or service is of such an urgency that it would 
justify the use of procedures other than competitive proce-
dures pursuant to section 2304(c)(2) of title 10 or section 
303(c)(2) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(c)(2)), as may be 
applicable. 
‘‘(5) A decision to authorize Federal Prison Indus-
tries to offer a new specific product or specific service or 
to expand the production of an existing product or service 
for sale to the Federal Government shall be made by its 
board of directors in conformance with the requirements 
of subsections (b), (c), (d), and (e) of section 553 of title 
5, and this chapter.
‘‘(6)(A) Whenever Federal Prison Industries pro-
poses to offer for sale a new specific product or specific 
service or to expand production of a currently authorized 
product or service, the Chief Operating Officer of Federal 
Prison Industries shall submit an appropriate proposal to 
the board of directors and obtain the board’s approval be-
fore initiating any such expansion. The proposal submitted 
to the board shall include a detailed analysis of the prob-
able impact of the proposed expansion of sales within the 
Federal market by Federal Prison Industries on private 
sector firms and their non-inmate workers. 
‘‘(B)(i) The analysis required by subparagraph (A) 
shall be performed by an interagency team on a reimburs-
able basis or by a private contractor paid by Federal Pris-
on Industries. 
‘‘(ii) If the analysis is to be performed by an inter-
agency team, such team shall be led by the Administrator 
of the Small Business Administration or the designee of 
such officer with representatives of the Department of 
Labor, the Department of Commerce, and the Federal 
Procurement Data Center. 
‘‘(iii) If the analysis is to be performed by a private 
contractor, the selection of the contractor and the admin-
istration of the contract shall be conducted by one of the 
entities referenced in clause (ii) as an independent execu-
tive agent for the board of directors. Maximum consider-
ation shall be given to any proposed statement of work 
furnished by the Chief Operating Officer of Federal Prison 
Industries. 
‘‘(C) The analysis required by subparagraph (A) shall 
identify and consider—
‘‘(i) the number of vendors that currently meet 
the requirements of the Federal Government for the 
specific product or specific service; 
‘‘(ii) the proportion of the Federal Government 
market for the specific product or specific service 
currently furnished by small businesses during the 
previous 3 fiscal years; 
‘‘(iii) the share of the Federal market for the 
specific product or specific service projected for Fed-
eral Prison Industries for the fiscal year in which 
production or performance will commence or expand 
and the subsequent 4 fiscal years; 
‘‘(iv) whether the industry producing the spe-
cific product or specific service in the private sec-
tor—
‘‘(I) has an unemployment rate higher 
than the national average; or
‘‘(II) has a rate of unemployment for 
workers that has consistently shown an increase 
during the previous 5 years; 
‘‘(v) whether the specific product is an import-
sensitive product; 
‘‘(vi) the requirements of the Federal Govern-
ment and the demands of entities other than the 
Federal Government for the specific product or serv-
ice during the previous 3 fiscal years; 
‘‘(vii) the projected growth or decline in the de-
mand of the Federal Government for the specific 
product or specific service; 
‘‘(viii) the capability of the projected demand of 
the Federal Government for the specific product or 
service to sustain both Federal Prison Industries 
and private vendors; and 
‘‘(ix) whether authorizing the production of the 
new product or performance of a new service will 
provide inmates with the maximum opportunity to 
acquire knowledge and skill in trades and occupa-
tions that will provide them with a means of earning 
a livelihood upon release. 
‘‘(D)(i) The board of directors may not approve a 
proposal to authorize the production and sale of a new