,i #aacth ,,congress #ast ,session ,h4 ,r4 #bjih ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjac ,mr4 ,huizenga of ,michigan 7for himself1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,franks of ,arizona1 ,mr4 ,royce1 ,mr4 ,sensenbrenner1 ,mr4 ,jones1 ,mrs4 ,blackburn1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,walberg1 ,mr4 ,lo,biondo1 ,mr4 ,mulvaney1 ,mr4 ,upton1 ,mrs4 ,miller of ,michigan1 and ,mr4 ,benishek7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to require ,federal ,prison ,industries to compete for its contracts minimizing its unfair competition with private sector firms and their non-inmate workers and empowering ,federal agencies to get the best value for taxpayers' dollars1 to provide a five-year period during which ,federal ,prison ,industries adjusts to obtaining inmate work opportunities through other than its mandatory source status1 to enhance inmate access to remedial and vocational opportunities and other rehabilitative opportunities to better prepare inmates for a successful return to society1 to authorize alternative inmate work opportunities in support of non-profit organizations and other public service programs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,federal ,prison ,industries ,competition in ,contracting ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,governmentwide procurement policy relating to purchases from ,federal ,prison ,industries4 ,sec4 #c4 ,public participation regarding expansion proposals by ,federal ,prison ,industries4 ,sec4 #d4 ,transitional mandatory source authority4 ,sec4 #e4 ,authority to perform as a ,federal subcontractor4 ,sec4 #f4 ,inmate wages and deductions4 ,sec4 #g4 ,clarifying amendment relating to services4 ,sec4 #h4 ,conforming amendment4 ,sec4 #i4 ,rules of construction relating to chapter #cjg4 ,sec4 #aj4 ,providing additional rehabilitative opportunities for inmates4 ,sec4 #aa4 ,re-entry employment preparation through work-based training and apprenticeship4 ,sec4 #ab4 ,director of the ,bureau of ,prisons4 ,sec4 #ac4 ,restructuring the ,board of ,directors4 ,sec4 #ad4 ,management matters4 ,sec4 #ae4 ,transitional personnel management authority4 ,sec4 #af4 ,federal ,prison ,industries report to ,congress4 ,sec4 #ag4 ,definitions4 ,sec4 #ah4 ,implementing regulations and procedures4 ,sec4 #ai4 ,rules of construction4 ,sec4 #bj4 ,effective date and applicability4 ,sec4 #ba4 ,clerical amendments4 #b4 ,governmentwide procurement policy relating to purchases from ,federal ,prison ,industries ,section #dabd of title #ah1 ,united ,states ,code1 is amended to read as follows3 #dabd4 ,governmentwide procurement policy relating to purchases from ,federal ,prison ,industries 7a7 ,in general ,purchases from ,federal ,prison ,industries1 ,incorporated1 a wholly owned ,government corporation1 as referred to in section #iaja7c77;,e7 of title #ca1 may be made by a ,federal department or agency only in accordance with this section4 7b7 ,solicitation and evaluation of offers and contract awards 7#a7 7,a7 ,if a procurement activity of a ,federal department or agency has a requirement for a specific product or service that is authorized to be offered for sale by ,federal ,prison ,industries1 in accordance with section #dabb of this title1 and is listed in the catalog referred to in subsection 7g71 the procurement activity shall solicit an offer from ,federal ,prison ,industries1 if the purchase is expected to be in excess of the micro-purchase threshold 7as defined by section #cb7;f7 of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #dbh7;f7774 7,b7 ,the requirements of subparagraph 7,a7 shall also apply to a procurement that a ,federal department or agency intends to meet by placing an order against a contract maintained by the ,general ,services ,administration under the ,multiple ,award ,schedule ,contracts ,program4 7,c7 ,federal ,prison ,industries1 upon its request1 shall be listed on any ,schedule1 referred to in subparagraph 7,b71 as offering products or services which ,federal ,prison ,industries believes to be comparable to those products and services being offered by commercial contractors through the ,multiple ,award ,schedule ,contracts ,program4 7#b7 ,a contract award for such product or service shall be made using competitive procedures in accordance with the applicable evaluation factors1 unless a determination is made by the ,attorney ,general pursuant to paragraph 7#c7 or an award using other than competitive procedures is authorized pursuant to paragraph 7#g74 7#c7 ,the procurement activity shall negotiate with ,federal ,prison ,industries on a noncompetitive basis for the award of a contract if the ,attorney ,general determines that-- 7,a7 ,federal ,prison ,industries cannot reasonably expect fair consideration to receive the contract award on a competitive basis2 and 7,b7 the contract award is necessary to maintain work opportunities otherwise unavailable at the penal or correctional facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility4 7#d7 ,except in the case of an award to be made pursuant to paragraph 7#c71 a contract award shall be made with ,federal ,prison ,industries only if the contracting officer for the procurement activity determines that-- 7,a7 the specific product or service to be furnished will meet the requirements of the procurement activity 7including any applicable prequalification requirements and all specified commercial or governmental standards pertaining to quality1 testing1 safety1 serviceability1 and warranties72 7,b7 timely performance of the contract can be reasonably expected2 and 7,c7 the contract price does not exceed a current market price4 7#e7 ,a determination by the ,attorney ,general pursuant to paragraph 7#c7 shall be-- 7,a7 supported by specific findings by the warden of the penal or correctional institution at which a ,federal ,prison ,industries workshop is scheduled to perform the contract2 7,b7 supported by specific findings by ,federal ,prison ,industries regarding why it does not expect to win the contract on a competitive basis2 and 7,c7 made and reported in the same manner as a determination made pursuant to section #cjc7;c77#g7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec7;c77#g774 7#f7 ,if the ,attorney ,general has not made the determination described in paragraph 7#c7 within #cj days after ,federal ,prison ,industries has been informed of a contracting opportunity by a procurement activity1 the procurement activity may proceed to conduct a procurement for the product or service in accordance with the procedures generally applicable to such procurements by the procurement activity4 7#g7 ,a contract award may be made to ,federal ,prison ,industries using other than competitive procedures if such product or service is only available from ,federal ,prison ,industries and the contract may be awarded under the authority of section #bcjd7;c77#a7 of title #aj or section #cjc7;c7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec7;c77#a771 as may be applicable1 and pursuant to the justification and approval requirements relating to such noncompetitive procurements specified by law and the ,governmentwide ,federal ,acquisition ,regulation4 7#h7 ,a contract award may be made to ,federal ,prison ,industries using other than competitive procedures by the ,federal ,bureau of ,prisons4 7#i7 ,a solicitation for a contract shall first be made to ,federal ,prison ,industries using other than competitive procedures if the product or service to be acquired would otherwise be furnished by a contractor performing the work outside of the ,united ,states4 7c7 ,offers from ,federal ,prison ,industries 7#a7 ,a timely offer received from ,federal ,prison ,industries to furnish a product or service to a ,federal department or agency shall be considered for award without limitation as to the dollar value of the proposed purchase1 unless the contract opportunity has been reserved for competition exclusively among small business concerns pursuant to section #ae7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;a77 and its implementing regulations4 7#b7 7,a7 ,any offer made by ,federal ,prison ,industries to furnish a product or service may exclude from the offered price the following3 7i7 ,the costs related to security of the facilities at which the contract will be performed4 7ii7 ,the costs of educating and training the prison work force performing the contract4 7iii7 ,excess capital costs of machinery and excess inventories used within a prison environment that are the result of the unique environment of prison life4 7iv7 ,other costs of performing the contract resulting from the unique environment of prison facilities4 7d7 ,performance by ,federal ,prison ,industries ,federal ,prison ,industries shall perform its contractual obligations under a contract awarded by a ,federal department or agency to the same extent as any other contractor4 7e7 ,finality of contracting officer's decision 7#a7 ,a decision by a contracting officer regarding the award of a contract to ,federal ,prison ,industries or relating to the performance of such contract shall be final1 unless reversed on appeal pursuant to paragraph 7#b7 or 7#c74 7#b7 7,a7 ,the ,chief ,operating ,officer of ,federal ,prison ,industries may protest a decision by a contracting officer not to award a contract to ,federal ,prison ,industries pursuant to subsection 7b77#d71 in accordance with section #cc4ajc1 7,protests to the agency7 of the ,federal ,acquisition ,regulation 7#dh ,,cfr part #cc4ajc74 7,b7 ,in the event of an adverse decision of a protest filed pursuant to subparagraph 7,a71 the ,assistant ,attorney ,general for ,administration may request a reconsideration of such adverse decision by the head of the ,federal agency or department1 which shall be considered de novo and the decision issued by such agency head on a non-delegable basis4 ,such decision upon reconsideration by the agency head shall be final4 7#c7 ,a dispute between ,federal ,prison ,industries and a procurement activity regarding performance of a contract shall be subject to-- 7,a7 alternative means of dispute resolution pursuant to subchapter ,,iv of chapter #e of title #e2 or 7,b7 final resolution by the board of contract appeals having jurisdiction over the procurement activity's contract performance disputes pursuant to the ,contract ,disputes ,act of #aigh 7#da ,u4,s4,c4 #fja et seq474 7f7 ,reporting of purchases ,each ,federal department or agency shall report purchases from ,federal ,prison ,industries to the ,federal ,procurement ,data ,system 7as referred to in section #f7;d77#d7 of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #dje7;d77#d777 in the same manner as it reports to such ,system any acquisition in an amount in excess of the simplified acquisition threshold 7as defined by section #d7aa7 of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #djc7aa7774 7g7 ,catalog of products ,federal ,prison ,industries shall publish and maintain a catalog of all specific products and services that it is authorized to offer for sale4 ,such catalog shall be periodically revised as products and services are added or deleted by its board of directors 7in accordance with section #dabb7;b7 of this title74 7h7 ,compliance with standards ,federal ,prison ,industries shall be subject to ,federal occupational1 health1 and safety standards with respect to the operation of its industrial operations4 4 #c4 ,public participation regarding expansion proposals by ,federal ,prison ,industries ,section #dabb7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#f7 as paragraph 7#ac72 and 7#b7 by striking paragraphs 7#d7 and 7#e7 and inserting the following new paragraphs3 7#d7 7,a7 ,federal ,prison ,industries is authorized to offer a new specific product or furnish a new specific service in response to a competitive solicitation or other purchase request issued by a ,federal department or agency4 ,no subsequent offering of such product or service may be made by ,federal ,prison ,industries until the board of directors has approved the offering for sale of such new specific product or new specific service1 in conformance with the requirements of paragraphs 7#e7 through 7#i74 7,b7 ,federal ,prison ,industries may produce a product or furnish a service in excess of the authorized level of production for such product or service1 in response to an order placed pursuant to an existing contract with a ,federal department or agency1 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 procedures pursuant to section #bcjd7;c77#b7 of title #aj or section #cjc7;c77#b7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec7;c77#b771 as may be applicable4 7#e7 ,a decision to authorize ,federal ,prison ,industries 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 7b71 7c71 7d71 and 7e7 of section #eec of title #e1 and this chapter4 7#f7 7,a7 ,whenever ,federal ,prison ,industries proposes to offer for sale a new specific product or specific service or to expand production of a currently authorized product or service1 the ,chief ,operating ,officer of ,federal ,prison ,industries shall submit an appropriate proposal to the board of directors and obtain the board's approval before initiating any such expansion4 ,the proposal submitted to the board shall include a detailed analysis of the probable impact of the proposed expansion of sales within the ,federal market by ,federal ,prison ,industries on private sector firms and their non-inmate workers4 7,b7 7i7 ,the analysis required by subparagraph 7,a7 shall be performed by an interagency team on a reimbursable basis or by a private contractor paid by ,federal ,prison ,industries4 7ii7 ,if the analysis is to be performed by an interagency team1 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 ,labor1 the ,department of ,commerce1 and the ,federal ,procurement ,data ,center4 7iii7 ,if the analysis is to be performed by a private contractor1 the selection of the contractor and the administration of the contract shall be conducted by one of the entities referenced in clause 7ii7 as an independent executive agent for the board of directors4 ,maximum consideration shall be given to any proposed statement of work furnished by the ,chief ,operating ,officer of ,federal ,prison ,industries4 7,c7 ,the analysis required by subparagraph 7,a7 shall identify and consider-- 7i7 the number of vendors that currently meet the requirements of the ,federal ,government for the specific product or specific service2 7ii7 the proportion of the ,federal ,government market for the specific product or specific service currently furnished by small businesses during the previous #c fiscal years2 7iii7 the share of the ,federal market for the specific product or specific service projected for ,federal ,prison ,industries for the fiscal year in which production or performance will commence or expand and the subsequent #d fiscal years2 7iv7 whether the industry producing the specific product or specific service in the private sector-- 7,i7 has an unemployment rate higher than the national average2 or 7,,ii7 has a rate of unemployment for workers that has consistently shown an increase during the previous #e years2 7v7 whether the specific product is an import-sensitive product2 7vi7 the requirements of the ,federal ,government and the demands of entities other than the ,federal ,government for the specific product or service during the previous #c fiscal years2 7vii7 the projected growth or decline in the demand of the ,federal ,government for the specific product or specific service2 7viii7 the capability of the projected demand of the ,federal ,government for the specific product or service to sustain both ,federal ,prison ,industries and private vendors2 and 7ix7 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 occupations that will provide them with a means of earning a livelihood upon release4 7,d7 7i7 ,the board of directors may not approve a proposal to authorize the production and sale of a new specific product or continued sale of a previously authorized product unless-- 7,i7 the product to be furnished is a prison-made product2 or 7,,ii7 the service to be furnished is to be performed by inmate workers4 7ii7 ,the board of directors may not approve a proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product if the product is-- 7,i7 produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average2 or 7,,ii7 an import-sensitive product4 7iii7 ,the board of directors may not approve a proposal for inmates to provide a service in which an inmate worker has access to-- 7,i7 personal or financial information about individual private citizens1 including information relating to such person's real property1 however described1 without giving prior notice to such persons or class of persons to the greatest extent practicable2 7,,ii7 geographic data regarding the location of surface and subsurface infrastructure providing communications1 water and electrical power distribution1 pipelines for the distribution of natural gas1 bulk petroleum products and other commodities1 and other utilities2 or 7,,iii7 data that is classified4 7iv7 7,i7 ,federal ,prison ,industries is prohibited from furnishing through inmate labor construction services1 unless to be performed within a ,federal correctional institution pursuant to the participation of an inmate in an apprenticeship or other vocational education program teaching the skills of the various building trades4 7,,ii7 ,for purposes of this clause1 the term construction has the meaning given such term by section #b4aja of the ,federal ,acquisition ,regulation 7#dh ,,cfr part #b4aja71 as in effect on ,june #a1 #bjaj1 including the repair1 alteration1 or maintenance of real property in being4 7#g7 ,to provide further opportunities for participation by interested parties1 the board of directors shall-- 7,a7 give additional notice of a proposal to authorize the production and sale of a new product or service1 or expand the production of a currently authorized product or service1 in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal1 which notice shall offer to furnish copies of the analysis required by paragraph 7#f7 and shall solicit comment on the analysis2 7,b7 solicit comments on the analysis required by paragraph 7#f7 from trade associations representing vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal to authorize the production and sale of a new product or service 7or expand the production of a currently authorized product or service72 and 7,c7 afford an opportunity1 on request1 for a representative of an established trade association1 labor union1 or other private sector representatives to present comments on the proposal directly to the board of directors4 7#h7 ,the board of directors shall be provided copies of all comments received on the expansion proposal4 7#i7 ,based on the comments received on the initial expansion proposal1 the ,chief ,operating ,officer of ,federal ,prison ,industries may provide the board of directors a revised expansion proposal4 ,if such revised proposal provides for expansion of inmate work opportunities in an industry different from that initially proposed1 such revised proposal shall reflect the analysis required by paragraph 7#f77;,c7 and be subject to the public comment requirements of paragraph 7#g74 7#aj7 ,the board of directors shall consider a proposal to authorize the sale of a new specific product or specific service 7or to expand the volume of sales for a currently authorized product or service7 and take any action with respect to such proposal1 during a meeting that is open to the public1 unless closed pursuant to section #eeb7;b7 of title #e4 7#aa7 ,in conformance with the requirements of paragraph 7#aj7 of this subsection1 the board of directors may-- 7,a7 authorize the donation of products produced or services furnished by ,federal industries and available for sale2 7,b7 authorize the production of a new specific product or the furnishing of a new specific service for donation2 or 7,c7 authorize a proposal to expand production of a currently authorized specific product or specific service in an amount in excess of a reasonable share of the market for such product or service1 if-- 7i7 a ,federal agency or department1 purchasing such product or service1 has requested that ,federal ,prison ,industries be authorized to furnish such product or service in amounts that are needed by such agency or department2 or 7ii7 the proposal is justified for other good cause and supported by at least two-thirds of the appointed members of the board4 4 #d4 ,transitional mandatory source authority 7a7 ,in general ,notwithstanding the requirements of section #dabd of title #ah1 ,united ,states ,code1 a ,federal department or agency having a requirement for a product that is authorized for sale by ,federal ,prison ,industries and is listed in its catalog 7referred to in section #dabd7;g7 of title #ah1 ,united ,states ,code7 shall first solicit an offer from ,federal ,prison ,industries and make purchases on a noncompetitive basis in accordance with this section or in accordance with section #bdajn of title #aj1 ,united ,states ,code1 or section #cah of title ,,iii of the ,federal ,property and ,administrative ,services ,act of #aidi4 7b7 ,preferential source status ,subject to the limitations of subsection 7d71 a contract award shall be made on a noncompetitive basis to ,federal ,prison ,industries if the contracting officer for the procurement activity determines that-- 7#a7 the product offered by ,federal ,prison ,industries will meet the requirements of the procurement activity 7including commercial or governmental standards or specifications pertaining to design1 performance1 testing1 safety1 serviceability1 and warranties as may be imposed upon a private sector supplier of the type being offered by ,federal ,prison ,industries72 7#b7 timely performance of the contract by ,federal ,prison ,industries can be reasonably expected2 and 7#c7 the negotiated price does not exceed a fair and reasonable price4 7c7 ,contractual terms ,the terms and conditions of the contract and the price to be paid to ,federal ,prison ,industries shall be determined by negotiation between ,federal ,prison ,industries and the ,federal agency making the purchase4 ,the negotiated price shall not exceed a fair and reasonable price determined in accordance with the procedures of the ,federal ,acquisition ,regulation4 7d7 ,performance of contractual obligations 7#a7 ,in general ,federal ,prison ,industries shall perform the obligations of the contract negotiated pursuant to subsection 7c74 7#b7 ,performance disputes ,if the head of the contracting activity and the ,chief ,operating ,officer of ,federal ,prison ,industries are unable to resolve a contract performance dispute to their mutual satisfaction1 such dispute shall be resolved pursuant to section #dabd7;e77#c7 of title #ah1 ,united ,states ,code4 7e7 ,limitations on use of authority 7#a7 ,in general ,as a percentage of the sales made by ,federal ,prison ,industries during the base period1 the total dollar value of sales to the ,government made pursuant to subsection 7b7 and subsection 7c7 of this section shall not exceed-- 7,a7 #ij percent in fiscal year #bjad2 7,b7 #he percent in fiscal year #bjae2 7,c7 #gj percent in fiscal year #bjaf2 7,d7 #ee percent in fiscal year #bjag2 and 7,e7 #dj percent in fiscal year #bjah4 7#b7 ,sales within various business sectors ,use of the authority provided by subsections 7b7 and 7c7 shall not result in sales by ,federal ,prison ,industries to the ,government that are in excess of its total sales during the base year for each business sector4 7#c7 ,limitations relating to specific products ,use of the authorities provided by subsections 7b7 and 7c7 shall not result in contract awards to ,federal ,prison ,industries that are in excess of its total sales during the base period for such product4 7#d7 ,changes in design specifications ,if a buying agency directs a change to the design specification for a specific product1 the costs associated with the implementation of such specification change by ,federal ,prison ,industries shall not be considered for the purposes of computing sales by ,federal ,prison ,industries for the purposes of paragraphs 7#b7 and 7#c74 7f7 ,additional authority ,to sustain inmate employment ,during the period specified in subsection 7g71 the authority of section #dabb7;b77#aa77;,c77ii7 of title #ah1 ,united ,states ,code 7as amended by section #c71 may be used by the ,board to sustain inmate employment4 7g7 ,duration of authority ,the preferential contracting authorities authorized by subsection 7b7 may not be used on or after ,october #a1 #bjae1 and become effective on the effective date of the final regulations issued pursuant to section #ag4 7h7 ,definitions ,for the purposes of this section-- 7#a7 the term base period means the total sales of ,federal ,prison ,industries during the period ,october #a1 #bjaa1 and ,september #cj1 #bjab 7,fiscal ,year #bjab72 7#b7 the term business sectors means the seven product_/service business groups identified in the #bjjd ,federal ,prison ,industries annual report as the ,clothing and ,textiles ,business ,group1 the ,electronics ,business ,group1 the ,fleet ,management and ,vehicular ,components ,business ,group1 the ,industrial ,products ,business ,group1 the ,office ,furniture ,business ,group1 the ,recycling ,activities ,business ,group1 and the ,services ,business ,group2 and 7#c7 the term fair and reasonable price shall be given the same meaning as1 and be determined pursuant to1 part #ae4h of the ,federal ,acquisition ,regulation 7#dh ,,cfr #ae4h74 7i7 ,finding by ,attorney ,general with respect to public safety 7#a7 ,not later than #fj days prior to the end of each fiscal year specified in subsection 7e77#a71 the ,attorney ,general shall make a finding regarding the effects of the percentage limitation imposed by such subsection for such fiscal year and the likely effects of the limitation imposed by such subsection for the following fiscal year4 7#b7 ,the ,attorney ,general's finding shall include a determination whether such limitation has resulted or is likely to result in a substantial reduction in inmate industrial employment and whether such reductions1 if any1 present a significant risk of adverse effects on safe prison operation or public safety4 7#c7 ,if the ,attorney ,general finds a significant risk of adverse effects on either safe prison management or public safety1 he shall so advise the ,congress4 7#d7 ,in advising the ,congress pursuant to paragraph 7#c71 the ,attorney ,general shall make recommendations for additional authorizations of appropriations to provide additional alternative inmate rehabilitative opportunities and additional correctional staffing1 as may be appropriate4 7j7 ,procedural requirements for civilian agencies relating to products of ,federal ,prison ,industries ,title ,,iii of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bea et seq47 is amended by adding at the end the following new section3 #cah4 ,products of ,federal ,prison ,industries3 procedural requirements 7a7 ,market research ,before purchasing a product listed in the latest edition of the ,federal ,prison ,industries catalog under section #dabd7;g7 of title #ah1 ,united ,states ,code1 the head of an executive agency shall conduct market research to determine whether the ,federal ,prison ,industries product is comparable to products available from the private sector that best meet the executive agency's needs in terms of price1 quality1 and time of delivery4 7b7 ,competition requirement ,if the head of the executive agency determines that a ,federal ,prison ,industries product is not comparable in price1 quality1 or time of delivery to products available from the private sector that best meet the executive agency's needs in terms of price1 quality1 and time of delivery1 the agency head shall use competitive procedures for the procurement of the product or shall make an individual purchase under a multiple award contract4 ,in conducting such a competition or making such a purchase1 the agency head shall consider a timely offer from ,federal ,prison ,industries4 7c7 ,implementation by head of executive agency ,the head of an executive agency shall ensure that-- 7#a7 the executive agency does not purchase a ,federal ,prison ,industries product or service unless a contracting officer of the agency determines that the product or service is comparable to products or services available from the private sector that best meet the agency's needs in terms of price1 quality1 and time of delivery2 and 7#b7 ,federal ,prison ,industries performs its contractual obligations to the same extent as any other contractor for the executive agency4 7d7 ,market research determination not ,subject to review ,a determination by a contracting officer regarding whether a product or service offered by ,federal ,prison ,industries is comparable to products or services available from the private sector that best meet an executive agency's needs in terms of price1 quality1 and time of delivery shall not be subject to review pursuant to section #dabd7;b7 of title #ah4 7e7 ,performance as a subcontractor 7#a7 ,a contractor or potential contractor of an executive agency may not be required to use ,federal ,prison ,industries as a subcontractor or supplier of products or provider of services for the performance of a contract of the executive agency by any means1 including means such as-- 7,a7 a contract solicitation provision requiring a contractor to offer to make use of products or services of ,federal ,prison ,industries in the performance of the contract2 7,b7 a contract specification requiring the contractor to use specific products or services 7or classes of products or services7 offered by ,federal ,prison ,industries in the performance of the contract2 or 7,c7 any contract modification directing the use of products or services of ,federal ,prison ,industries in the performance of the contract4 7#b7 ,in this subsection1 the term contractor1 with respect to a contract1 includes a subcontractor at any tier under the contract4 7f7 ,protection of classified and sensitive information ,the head of an executive agency may not enter into any contract with ,federal ,prison ,industries under which an inmate worker would have access to-- 7#a7 any data that is classified2 7#b7 any geographic data regarding the location of-- 7,a7 surface and subsurface infrastructure providing communications or water or electrical power distribution2 7,b7 pipelines for the distribution of natural gas1 bulk petroleum products1 or other commodities2 or 7,c7 other utilities2 or 7#c7 any personal or financial information about any individual private citizen1 including information relating to such person's real property however described1 without the prior consent of the individual4 7g7 ,definitions ,in this section3 7#a7 ,the term competitive procedures has the meaning given such term in section #d7e7 of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #djc7e774 7#b7 ,the term market research means obtaining specific information about the price1 quality1 and time of delivery of products available in the private sector through a variety of means1 which may include-- 7,a7 contacting knowledgeable individuals in government and industry2 7,b7 interactive communication among industry1 acquisition personnel1 and customers2 and 7,c7 interchange meetings or pre-solicitation conferences with potential offerors4 4 #e4 ,authority to perform as a ,federal subcontractor 7a7 ,in general ,federal ,prison ,industries is authorized to enter into a contract with a ,federal contractor 7or a subcontractor of such contractor at any tier7 to produce products as a subcontractor or supplier in the performance of a ,federal procurement contract4 ,the use of ,federal ,prison ,industries as a subcontractor or supplier shall be a wholly voluntary business decision by the ,federal prime contractor or subcontractor1 subject to any prior approval of subcontractors or suppliers by the contracting officer which may be imposed by the ,federal ,acquisition ,regulation or by the contract4 7b7 ,limitations on use ,federal ,prison ,industries is prohibited from being a subcontractor or supplier at any tier if-- 7#a7 the product or service is to be acquired by a ,federal department or agency pursuant to section #c of the ,javits-,wagner-,o',day ,act 7#da ,u4,s4,c4 #dh72 or 7#b7 the product to be acquired by the ,federal department or agency is subject to section #becc;a of title #aj1 ,united ,states ,code4 7c7 ,commercial sales prohibited ,the authority provided by subsection 7a7 shall not result1 either directly or indirectly1 in the sale in the commercial market of a product or service resulting from the labor of ,federal inmate workers in violation of section #agfa7;a7 of title #ah1 ,united ,states ,code4 ,a ,federal contractor 7or subcontractor at any tier7 using ,federal ,prison ,industries as a subcontractor or supplier in furnishing a commercial product pursuant to a ,federal contract shall implement appropriate management procedures to prevent introducing an inmate-produced product into the commercial market4 7d7 ,prohibitions on mandating subcontracting with ,federal ,prison ,industries ,except as authorized under the ,federal ,acquisition ,regulation1 the use of ,federal ,prison ,industries as a subcontractor or supplier of products or provider of services shall not be imposed upon prospective or actual ,federal prime contractors or a subcontractors at any tier by means of-- 7#a7 a contract solicitation provision requiring a contractor to offer to make use of ,federal ,prison ,industries1 its products or services2 7#b7 specifications requiring the contractor to use specific products or services 7or classes of products or services7 offered by ,federal ,prison ,industries in the performance of the contract2 7#c7 any contract modification directing the use of ,federal ,prison ,industries1 its products or services2 or 7#d7 any other means4 #f4 ,inmate wages and deductions ,section #dabb7;b7 of title #ah1 ,united ,states ,code 7as amended by section #c of this ,act71 is further amended by adding after paragraph 7#aa7 a new paragraph 7#ab7 as follows3 7#ab7 7,a7 ,the ,board of ,directors of ,federal ,prison ,industries shall prescribe the rates of hourly wages to be paid inmates performing work for or through ,federal ,prison ,industries4 ,the ,director of the ,federal ,bureau of ,prisons shall prescribe the rates of hourly wages for other work assignments within the various ,federal correctional institutions4 ,in the case of an inmate whose term of imprisonment is to expire in not more than #b years1 wages shall be earned at an hourly rate of not less than #b4ej1 but paid at the same rate and in the same manner as to any other inmate1 and any amount earned but not paid shall be held in trust and paid only upon the actual expiration of the term of imprisonment4 7,b7 ,the various inmate wage rates shall be reviewed and considered for increase on not less than a biannual basis4 7,c7 ,the ,board of ,directors of ,federal ,prison ,industries shall-- 7i7 not later than ,september #cj1 #bjad1 increase the maximum wage rate for inmates performing work for or through ,federal ,prison ,industries to an amount equal to #ej percent of the minimum wage prescribed by section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 and 7ii7 not later than ,september #cj1 #bjai1 increase such maximum wage rate to an amount equal to such minimum wage4 7,d7 ,wages earned by an inmate worker shall be paid in the name of the inmate4 ,deductions1 aggregating to not more than #hj percent of gross wages1 shall be taken from the wages due for-- 7i7 applicable taxes 7,federal1 ,state1 and local72 7ii7 payment of fines and restitution pursuant to court order2 7iii7 payment of additional restitution for victims of the inmate's crimes 7at a rate not less than #aj percent of gross wages72 7iv7 allocations for support of the inmate's family pursuant to statute1 court order1 or agreement with the inmate2 7v7 allocations to a fund in the inmate's name to facilitate such inmate's assimilation back into society1 payable at the conclusion of incarceration2 and 7vi7 such other deductions as may be specified by the ,director of the ,bureau of ,prisons4 7,e7 ,each inmate worker working for ,federal ,prison ,industries shall indicate in writing that such person-- 7i7 is participating voluntarily2 and 7ii7 understands and agrees to the wages to be paid and deductions to be taken from such wages4 4 #g4 ,clarifying amendment relating to services 7a7 ,in general ,section #agfa of title #ah1 ,united ,states ,code1 is amended in subsection 7a7 and 7c7 by striking goods1 wares1 or merchandise manufactured1 produced1 or mined each place it appears and inserting products manufactured1 services furnished1 or minerals mined4 7b7 ,completion of existing agreements ,any prisoner work program operated by a prison or jail of a ,state or local jurisdiction of a ,state which is providing services for the commercial market through inmate labor on ,october #a1 #bjab1 may continue to provide such commercial services until-- 7#a7 the expiration date specified in the contract or other agreement with a commercial partner on ,october #a1 #bjab1 or 7#b7 until ,september #cj1 #bjag1 if the prison work program is directly furnishing the services to the commercial market4 7c7 ,approval required for long-,term operation ,a prison work program operated by a correctional institution operated by a ,state or local jurisdiction of a ,state may continue to provide inmate labor to furnish services for sale in the commercial market after the dates specified in subsection 7b7 if such program has been certified pursuant to section #agfa7;c77#a7 of title #ah1 ,united ,states ,code1 and is in compliance with the requirements of such subsection and its implementing regulations4 7d7 ,existing work opportunities for federal inmates ,any private for-profit business entity having an agreement with ,federal ,prison ,industries in effect on the date of enactment of this ,act1 under which ,federal inmates are furnishing services that are being introduced into the commercial market1 may continue to furnish such services for the duration of the term of such agreement4 7e7 ,additional amendment ,section #agfa of title #ah1 ,united ,states ,code1 is further amended-- 7#a7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,this section shall not apply to services performed as part of an inmate work program conducted by a ,state or local government to disassemble1 scrap1 and recycle products1 other than electronic products1 that would otherwise be disposed of in a landfill4 ,recovered scrap from such program may be sold4 4 #h4 ,conforming amendment ,section #dabb7;a7 of title #ah1 ,united ,states ,code1 is amended by striking production of commodities and inserting production of products or furnishing of services4 #i4 ,rules of construction relating to chapter #cjg ,chapter #cjg of title #ah1 ,united ,states ,code1 is further amended by adding at the end the following3 #dacj4 ,construction of provisions ,nothing in this chapter shall be construed-- 7#a7 to establish an entitlement of any inmate to-- 7,a7 employment in a ,federal ,prison ,industries facility2 or 7,b7 any particular wage1 compensation1 or benefit on demand1 except as otherwise specifically provided by law or regulation2 7#b7 to establish that inmates are employees for the purposes of any law or program2 or 7#c7 to establish any cause of action by or on behalf of any inmate against the ,united ,states or any officer1 employee1 or contractor thereof4 4 #aj4 ,providing additional rehabilitative opportunities for inmates 7a7 ,additional educational1 training1 and release-,preparation opportunities 7#a7 ,program established ,there is hereby established the ,enhanced ,in-,prison ,educational and ,vocational ,assessment and ,training ,program within the ,federal ,bureau of ,prisons4 7#b7 ,comprehensive program ,in addition to such other components as the ,director of the ,bureau of ,prisons deems appropriate to reduce inmate idleness and better prepare inmates for a successful reentry into the community upon release1 the program shall provide-- 7,a7 in-prison assessments of inmates' needs and aptitudes2 7,b7 a full range of educational opportunities2 7,c7 vocational training and apprenticeships2 and 7,d7 comprehensive release-readiness preparation4 7#c7 ,authorization of appropriations ,for the purposes of carrying out the program established by paragraph 7#a71 #ge1jjj1jjj is authorized for each fiscal year after fiscal year #bjac1 to remain available until expended4 ,it is the sense of ,congress that ,federal ,prison ,industries should use some of its net earnings to accomplish the purposes of the program4 7#d7 ,schedule for implementation ,all components of the program shall be established-- 7,a7 in at least #be percent of all ,federal prisons not later than #b years after the date of the enactment of this ,act2 7,b7 in at least #ej percent of all ,federal prisons not later than #d years after such date of enactment2 7,c7 in at least #ge percent of all ,federal prisons not later than #f years after such date of enactment2 and 7,d7 in all ,federal prisons not later than #h years after such date of enactment4 7b7 ,additional inmate work opportunities through public service activities 7#a7 ,in general ,chapter #cjg of title #ah1 ,united ,states ,code1 is further amended by inserting after section #dabd the following new section3 #dabd;a4 ,additional inmate work opportunities through public service activities 7a7 ,in general ,inmates with work assignments within ,federal ,prison ,industries may perform work for an eligible entity pursuant to an agreement between such entity and the ,inmate ,work ,training ,administrator in accordance with the requirements of this section4 7b7 ,definition of eligible entities ,for the purposes of this section1 the term eligible entity means an entity-- 7#a7 that is an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code and that has been such an organization for a period of not less than #cf months prior to inclusion in an agreement under this section2 7#b7 that is a religious organization described in section #eja7;d7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code2 or 7#c7 that is a unit of local government1 a school district1 or another special purpose district4 7c7 ,inmate work training administrator ,there is hereby established the position of ,inmate ,work ,training ,administrator1 who shall be responsible for fostering the creation of alternative inmate work opportunities authorized by this section4 ,the ,administrator shall be designated by the ,chief ,executive ,officer of ,federal ,prison ,industries1 with the approval of the ,board of ,directors1 and be under the supervision of the ,chief ,operating ,officer1 but may directly report to the ,board4 7d7 ,proposed agreements ,an eligible entity seeking to enter into an agreement pursuant to subsection 7a7 shall submit a detailed proposal to the ,inmate ,work ,training ,administrator4 ,each such agreement shall specify-- 7#a7 types of work to be performed2 7#b7 the proposed duration of the agreement1 specified in terms of a base year and number of option years2 7#c7 the number of inmate workers expected to be employed in the specified types of work during the various phases of the agreement2 7#d7 the wage rates proposed to be paid to various classes of inmate workers2 and 7#e7 the facilities1 services and personnel 7other than correctional personnel dedicated to the security of the inmate workers7 to be furnished by ,federal ,prison ,industries or the ,bureau of ,prisons and the rates of reimbursement1 if any1 for such facilities1 services1 and personnel4 7e7 ,representations 7#a7 ,eleemosynary work activities ,each proposed agreement shall be accompanied by a written certification by the chief executive officer of the eligible entity that-- 7,a7 the work to be performed by the inmate workers will be limited to the eleemosynary work of such entity in the case of an entity described in paragraph 7#a7 or 7#b7 of subsection 7b72 7,b7 the work would not be performed in the ,united ,states but for the availability of the inmate workers2 and 7,c7 the work performed by the inmate workers will not result1 either directly or indirectly1 in the production of a new product or the furnishing of a service that is to be offered for other than resale or donation by the eligible entity or any affiliate of the such entity4 7#b7 ,protections for non-,inmate workers ,each proposed agreement shall also be accompanied by a written certification by the chief executive officer of the eligible entity that-- 7,a7 no non-inmate employee 7including any person performing work activities for such governmental entity pursuant to section #fjg of subchapter ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fjg77 of the eligible entity 7or any affiliate of the entity7 working in the ,united ,states will have his or her job abolished or work hours reduced as a result of the entity being authorized to utilize inmate workers2 and 7,b7 the work to be performed by the inmate workers will not supplant work currently being performed in the ,united ,states by a contractor of the eligible entity4 7f7 ,approval by ,board of ,directors 7#a7 ,in general ,each such proposed agreement shall be presented to the ,board of ,directors1 be subject to the same opportunities for public comment1 and be publicly considered and acted upon by the ,board in a manner comparable to that required by paragraphs 7#g7 and 7#h7 of section #dabb7;b74 7#b7 ,matters to be considered ,in determining whether to approve a proposed agreement1 the ,board shall-- 7,a7 give priority to an agreement that provides inmate work opportunities that will provide participating inmates with the best prospects of obtaining employment paying a livable wage upon release2 7,b7 give priority to an agreement that provides for maximum reimbursement for inmate wages and for the costs of supplies and equipment needed to perform the types of work to be performed2 7,c7 not approve an agreement that will result in the displacement of non-inmate workers contrary to the representations required by subsection 7e77#b7 as determined by the ,board or by the ,secretary of ,labor 7pursuant to subsection 7i772 and 7,d7 not approve an agreement that will result1 either directly or indirectly1 in the production of a new product or the furnishing of a service for other than resale by an eligible entity described in paragraph 7#a7 or 7#b7 of subsection 7b7 or donation4 7g7 ,wage rates and deductions from inmate wages 7#a7 ,in general ,inmate workers shall be paid wages for work under the agreement at a basic hourly rate to be negotiated between the eligible entity and ,federal ,prison ,industries and specified in the agreement4 ,the wage rates set by the ,director of the ,federal ,bureau of ,prisons to be paid inmates for various institutional work assignments are specifically authorized4 7#b7 ,payment to inmate worker and authorized deductions ,wages shall be paid and deductions taken pursuant to section #dabb7;b77#ab77;,d74 7#c7 ,voluntary participation by inmate ,each inmate worker to be utilized by an eligible entity shall indicate in writing that such person-- 7,a7 is participating voluntarily2 and 7,b7 understands and agrees to the wages to be paid and deductions to be taken from such wages4 7h7 ,assignment to work opportunities ,assignment of inmates to work under an approved agreement with an eligible entity shall be subject to the ,bureau of ,prisons ,program ,statement ,number #ajdj4aj 7,non-,discrimination ,toward ,inmates71 as contained in section #eea4ij of title #bh of the ,code of ,federal ,regulations 7or any successor document74 7i7 ,enforcement of protections for non-,inmate workers 7#a7 ,prior to ,board consideration ,upon request of any interested person1 the ,secretary of ,labor may promptly verify a certification made pursuant subsection 7e77#b7 with respect to the displacement of non-inmate workers so as to make the results of such inquiry available to the ,board of ,directors prior to the ,board's consideration of the proposed agreement4 ,the ,secretary and the person requesting the inquiry may make recommendations to the ,board regarding modifications to the proposed agreement4 7#b7 ,during performance 7,a7 ,in general ,whenever the ,secretary deems appropriate1 upon request or otherwise1 the ,secretary may verify whether the actual performance of the agreement is resulting in the displacement of non-inmate workers or the use of inmate workers in a work activity not authorized under the approved agreement4 7,b7 ,sanctions ,whenever the ,secretary determines that performance of the agreement has resulted in the displacement of non-inmate workers or employment of an inmate worker in an unauthorized work activity1 the ,secretary may-- 7i7 direct the ,inmate ,work ,training ,administrator to terminate the agreement for default1 subject to the processes and appeals available to a ,federal contractor whose procurement contract has been terminated for default2 and 7ii7 initiate proceedings to impose upon the person furnishing the certification regarding non-displacement of non-inmate workers required by subsection 7d77#b77;,b7 any administrative1 civil1 and criminal sanctions as may be available4 4 7#b7 ,authorization of appropriation ,there is authorized to be appropriated #e1jjj1jjj for each of the fiscal years #bjad through #bjah for the purposes of paying the wages of inmates and otherwise undertaking the maximum number of agreements with eligible entities pursuant to section #dabd;a of title #ah1 ,united ,states ,code4 7#c7 ,sense of ,congress ,for purposes of sections #dabd;a and #dabd;b of title #ah1 ,united ,states ,code1 it is the sense of ,congress that an inmate training wage that is at least #ej percent of the minimum wage prescribed pursuant to section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 will facilitate successful achievement of the goals of the work-based training and apprenticeship program authorized under such section #dabd;a4 7c7 ,inmate work opportunities in support of not-for-,profit entities 7#a7 ,proposals for donation programs ,the ,chief ,operating ,officer of ,federal ,prison ,industries shall develop and present to the ,board of ,directors of ,federal ,prison ,industries proposals to have ,federal ,prison ,industries donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services in the commercial market4 7#b7 ,schedule for submission and consideration of donation programs 7,a7 ,initial proposals ,the ,chief ,operating ,officer shall submit the initial group of proposals for programs of the type described in paragraph 7#a7 within #ahj days after the date of the enactment of this ,act4 ,the ,board of ,directors of ,federal ,prison ,industries shall consider such proposals from the ,chief ,operating ,officer not later than the date that is #bgj days after the date of the enactment of this ,act4 7,b7 ,annual operating plan ,the ,board of ,directors of ,federal ,prison ,industries shall consider proposals by the ,chief ,operating ,officer for programs of the type described in paragraph 7#a7 as part of the annual operating plan for ,federal ,prison ,industries4 7,c7 ,other proposals ,in addition to proposals submitted by the ,chief ,operating ,officer1 the ,board of ,directors may1 from time to time1 consider proposals presented by prospective eligible entities4 7#c7 ,definition of eligible entities ,for the purposes of this subsection1 the term eligible entity means an entity-- 7,a7 that is an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code and that has been such an organization for a period of not less than #cf months prior to inclusion in a proposal of the type described in paragraph 7#a71 or 7,b7 that is a religious organization described in section #eja7;d7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated #g1jjj1jjj for each of the fiscal years #bjad through #bjah for the purposes of paying the wages of inmates and otherwise carrying out programs of the type described in paragraph 7#a74 7d7 ,maximizing inmate rehabilitative opportunities through cognitive abilities assessments 7#a7 ,demonstration program authorized 7,a7 ,in general ,there is hereby established within the ,federal ,bureau of ,prisons a program to be known as the ,cognitive ,abilities ,assessment ,demonstration ,program4 ,the purpose of the demonstration program is to determine the effectiveness of a program that assesses the cognitive abilities and perceptual skills of ,federal inmates to maximize the benefits of various rehabilitative opportunities designed to prepare each inmate for a successful return to society and reduce recidivism4 ,the demonstration program shall be undertaken by a contractor with a demonstrated record of enabling the behavioral and academic improvement of adults through the use of research-based systems that maximize the development of both the cognitive and perceptual capabilities of a participating individual1 including adults in a correctional setting4 7,b7 ,scope of demonstration program ,the demonstration program shall to the maximum extent practicable1 be-- 7i7 conducted during a period of three consecutive fiscal years1 commencing during fiscal year #bjad2 7ii7 conducted at #ab ,federal correctional institutions2 and 7iii7 offered to #f1jjj inmates1 who are categorized as minimum security or less1 and are within five years of release4 7,c7 ,report on results of program ,not later than #fj days after completion of the demonstration program1 the ,director shall submit to ,congress a report on the results of the program4 ,at a minimum1 the report shall include an analysis of employment stability1 stability of residence1 and rates of recidivism among inmates who participated in the program after #ah months of release4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj in each of the three fiscal years after fiscal year #bjac1 to remain available until expended1 for the purposes of conducting the demonstration program authorized by subsection 7a74 7e7 ,prerelease employment assistance 7#a7 ,in general ,the ,director of the ,federal ,bureau of ,prisons shall1 to the maximum extent practicable1 afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release4 7#b7 ,prerelease employment placement assistance ,such prerelease employment placement assistance required by subsection 7a7 shall include-- 7,a7 training in the preparation of resumes and job applications2 7,b7 training in interviewing skills2 7,c7 training and assistance in job search techniques2 7,d7 conduct of job fairs2 and 7,e7 such other methods deemed appropriate by the ,director4 7#c7 ,priority participation ,priority in program participation shall be accorded to inmates who are participating in work opportunities afforded by ,federal ,prison ,industries and are within #bd months of release from incarceration4 #aa4 ,re-entry employment preparation through work-based training and apprenticeship 7a7 ,in ,general ,chapter #cjg of title #ah1 ,united ,states ,code1 is further amended by inserting after section #dabd;a the following new section3 #dabd;b4 ,re-entry employment preparation through work-based training and apprenticeship 7a7 ,participation authorized ,a private for-profit business entity shall be an eligible entity for participation in the program authorized by section #dabd;a of this title1 if such participation conforms with the requirements and limitations of this section4 7b7 ,requirements relating to products and services ,a private for-profit business entity is eligible for such participation if such business entity proposes to train participating inmates1 pursuant to subsection 7c71 by producing a product or performing a service1 if such product or service is of a type for which there is no production or performance within the ,united ,states by noninmate workers4 7c7 ,requirements relating to training 7#a7 ,in general ,for purposes of this section1 the training of participating inmates shall be work-based training that provides to a participating inmate apprenticeship training or a functionally equivalent structured program that combines hands-on work experience with conceptual understanding of the work being performed4 ,other inmates with regular work assignments within ,federal ,prison ,industries may be assigned to support the program4 7#b7 ,documentation of program participation 7,a7 ,each inmate who successfully completes participation in training undertaken pursuant to this section shall be provided a certificate or other written document memorializing such successful completion1 providing a marketable summary of the skills learned and an overall assessment of performance4 7,b7 ,copies of such documents shall be furnished to perspective employers upon the request of the participant for a period of not less than #bd months from the date of such participant's release from incarceration4 7#c7 ,documents required for employment ,the ,federal ,bureau of ,prisons1 in cooperation with a business entity providing an inmate work-based training at the time of his or her scheduled release1 shall make every reasonable effort to help the inmate timely obtain such documentation 7including a ,state government-issued photo identification card7 as a person may be required to provide to a prospective employer1 after such person completes an ,employment ,eligibility ,verification 7,,ice ,form ,i-#i74 7d7 ,wage rates 7#a7 ,in general ,business entities participating in the program authorized by subsection 7a7 shall propose wages for inmates participating in the program at rates not less than the inmate training wage promulgated pursuant to section #ag7;c7 of the ,federal ,prison ,industries ,competition in ,contracting ,act of #bjac4 7#b7 ,inmate training wage ,not more than #cj days after the date of enactment of this section1 the ,board of ,directors of ,federal ,prison ,industries shall request the ,secretary of ,labor to promulgate an inmate training wage pursuant to section #ad7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;a774 7e7 ,support for other release preparation programs ,in addition to the matters listed in section #dabd;a7d7 of this title1 a proposal for an agreement referred to in such section submitted by an eligible business entity shall specify an amount of any supplemental funding1 specified as a per-capita amount for each inmate participating pursuant to the agreement1 that the business entity will provide for the purpose of supporting remedial1 vocational1 and other release preparation programs for other nonparticipating inmates4 7f7 ,additional standards applicable ,in considering a proposed agreement pursuant to section #dabd;a7f77#a7 of this title1 the ,board of ,directors shall-- 7#a7 give preference to an agreement that proposes-- 7,a7 work-based training opportunities that provide the participating inmate the best prospects for obtaining employment paying a livable wage upon release2 7,b7 the highest per-capita amount pursuant to subsection 7e7 relating to providing financial support for release preparation for other inmates2 and 7,c7 the highest inmate wage rates2 7#b7 not approve any agreement with respect to furnishing services of the type described in section #dabb7;b77#f77;,d77iii7 of this title2 7#c7 not approve any agreement with respect to furnishing construction services described in section #dabb7;b77#f77;,d77iv7 of this title1 unless to be performed within a ,federal correctional institution2 7#d7 not approve an agreement that does not meet the standards of subsection 7b72 and 7#e7 request a determination from the ,department of ,commerce 7and such other executive branch entities as may be appropriate71 regarding whether a product or service is of the type being produced or performed in the ,united ,states by noninmate workers1 whenever the ,board determines that such an additional assessment is warranted1 including upon a request from an interested party presenting information that the ,board deems to warrant such additional assessment prior to the ,board's consideration of the proposed agreement4 7g7 ,limitations on the use of the authority 7#a7 ,no sales by federal prison industries ,federal ,prison ,industries is prohibited from directly offering for commercial sale products produced or services furnished by ,federal inmates1 including through any form of electronic commerce4 7#b7 ,duration 7,a7 ,no proposed agreement pursuant to this subsection may be approved by the ,board of ,directors after ,september #cj1 #bjbj4 7,b7 ,performance of all such agreements shall be concluded prior to ,october #a1 #bjbe4 4 7b7 ,review and reporting by the ,attorney ,general ,not less than biannually1 beginning in fiscal year #bjad1 the ,attorney ,general shall meet in person jointly with the ,chairman of the ,board of ,directors and the ,chief ,executive ,officer of ,federal ,prison ,industries to review the progress that ,federal ,prison ,industries is making in maximizing the use of the authority provided by sections #dabd;a and #dabd;b of title #ah1 ,united ,states ,code4 ,the ,attorney ,general shall provide annually a written report to the ,committees on the ,judiciary and ,appropriations of the ,house of ,representatives and the ,senate addressing such progress by ,federal ,prison ,industries4 7c7 ,,gao assessment of work-,based training program 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall undertake an on-going assessment of the authority granted by section #dabd;b of title #ah1 ,united ,states ,code4 7#b7 ,matters to be assessed ,in addition to such other matters as the ,comptroller ,general deems appropriate1 the assessment shall include-- 7,a7 efforts to recruit private for-profit business entities to participate2 7,b7 the quality of training provided to inmates2 7,c7 the amounts and types of products and services that have been produced incident to the work-based training programs2 7,d7 the types of worksite arrangement that encourage business concerns to voluntarily enter into such partnerships2 7,e7 the extent and manner of the participation of supervisory1 quality assurance1 and other management employees of the participating business entity in worksites within correctional facilities of various levels of security2 7,f7 the extent of the facilities1 utilities1 equipment1 and personnel 7other than security personnel7 provided by the host correctional agency1 and extent to which such resources are provided on a nonreimbursable basis2 7,g7 the rates of wages paid to inmate workers and the effect that such wage rates have on willingness of business entities to participate2 7,h7 any complaints filed regarding the displacement of noninmate workers or of inmate workers being paid less than required wages and the disposition of those complaints2 7,i7 any sanctions recommended relating to displacement of noninmate workers or payment of less than the required wages1 and the disposition of such proposed sanctions2 7,j7 the extent to which the new authority provided additional inmate work opportunities assisting the ,bureau of ,prisons in attaining its objective of providing #be percent of the work-eligible inmates with work opportunities within ,federal ,prison ,industries2 7,k7 measures of any adverse impacts of implementation of the new authority on business concerns using noninmate workers that are engaged in providing similar types of products and services in direct competition2 and 7,l7 a compilation of data relating work opportunities for ,federal inmates with work assignments with ,federal ,prison ,industries provided by-- 7i7 sales to ,federal agencies pursuant to the status of ,federal ,prison ,industries as a mandatory source of supply during the period fiscal year #aiij through fiscal year #bjab2 7ii7 sales to ,federal agencies of services1 both through non-competitive interagency transfers and as a result of direct competition from private-sector offerors during the period fiscal year #aiij though fiscal year #bjab2 7iii7 performance as a subcontrator to a ,federal prime contractor or ,federal subcontractor at a higher tier beginning in fiscal year #aiij2 7iv7 introduction of inmate-furnished services into the commercial market1 beginning in the second quarter of fiscal year #aiih2 7v7 alternative inmate work opportunities1 beginning in fiscal year #bjad1 provided by agreements with-- 7,i7 non-profit organizations1 pursuant to section #dabd;a7b77#a7 of title #ah1 ,united ,states ,code1 and section #aj7;c72 7,,ii7 religious organizations1 pursuant to section #dabd;a7b77#b7 of title #ah1 ,united ,states ,code2 7,,iii7 units of local governments1 school districts1 or other special purpose districts1 pursuant to section #dabd;a7b77#c7 of title #ah1 ,united ,states ,code2 7,,iv7 work-based ,employment ,preparation ,programs for ,federal inmates1 pursuant to section #dabd;b of title #ah1 ,united ,states ,code2 or 7,v7 other means4 7#c7 ,opportunity for public comment ,the ,comptroller ,general shall provide an opportunity for public comment on the proposed scope and methodology for the assessment required by paragraph 7#a71 making such modifications in response to such comments as he deems appropriate4 7#d7 ,reports and recommendations 7,a7 ,in general ,the ,comptroller ,general shall submit to the ,congress in accordance with this subsection two interim reports and a final report of the assessment of implementation of the new authority1 including such recommendations as the ,comptroller ,general may deem appropriate4 7,b7 ,interim reports ,the two interim reports shall encompass the assessment of the implementation of the new authority-- 7i7 from the effective date of the authority through the end of fiscal year #bjaf2 and 7ii7 from the effective date of the authority through the end of fiscal year #bjai4 7,c7 ,final report ,the final report shall assess the implementation of the new authority from the effective date of the authority through the end of fiscal year #bjbj4 7,d7 ,submission to congress ,the ,comptroller ,general shall submit the reports required by this paragraph within #f months after the end of the fiscal years referred to in subparagraphs 7,b7 and 7,c74 7d7 ,conforming amendment ,section #agfa of title #ah1 ,united ,states ,code1 as amended by section #g1 is further amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e71 as so redesignated by section #g7;e7 of this ,act1 the following new subsection3 7f7 ,this section shall not apply to products produced or services furnished with inmate labor incidental to the work-based training program authorized pursuant to section #dabd;b of this title4 4 #ab4 ,director of the ,bureau of ,prisons 7a7 ,in general ,section #djda of title #ah1 ,united ,states ,code1 is amended by striking appointed by and serving directly under the ,attorney ,general4 and inserting the following3 who shall be appointed by the ,president by and with the advice and consent of the ,senate4 ,the ,director shall serve directly under the ,attorney ,general44 7b7 ,incumbent ,notwithstanding the amendment made by subsection 7a71 the individual serving as the ,director of the ,bureau of ,prisons on the date of enactment of this ,act may serve as the ,director of the ,bureau of ,prisons until the date that is #c months after the date of enactment of this ,act4 7c7 ,rule of construction ,nothing in this ,act shall be construed to limit the ability of the ,president to appoint the individual serving as the ,director of the ,bureau of ,prisons on the date of enactment of this ,act to the position of the ,director of the ,bureau of ,prisons in accordance with section #djda of title #ah1 ,united ,states ,code1 as amended by subsection 7a74 #ac4 ,restructuring the ,board of ,directors 7a7 ,in general ,section #daba of title #ah1 ,united ,states ,code1 is amended to read as follows3 #daba4 ,federal ,prison ,industries2 ,board of ,directors3 executive management 7a7 ,federal ,prison ,industries is a government corporation of the ,district of ,columbia organized to carry on such industrial operations in ,federal correctional institutions as authorized by its ,board of ,directors4 ,the manner and extent to which such industrial operations are carried on in the various ,federal correctional institutions shall be determined by the ,attorney ,general4 7b7 7#a7 ,the corporation shall be governed by a board of #aa directors appointed by the ,president4 7#b7 ,in making appointments to the ,board1 the ,president shall assure that #c members represent the business community1 #c members represent organized labor1 #a member shall have special expertise in inmate rehabilitation techniques1 #a member represents victims of crime1 #a member represents the interests of ,federal inmate workers1 and #b additional members whose background and expertise the ,president deems appropriate4 ,the members of the ,board representing the business community shall include1 to the maximum extent practicable1 representation of firms furnishing services as well as firms producing products1 especially from those industry categories from which ,federal ,prison ,industries derives substantial sales4 ,the members of the ,board representing organized labor shall1 to the maximum practicable1 include representation from labor unions whose members are likely to be most affected by the sales of ,federal ,prison ,industries4 7#c7 ,each member shall be appointed for a term of #e years1 except that of members first appointed-- 7,a7 #b members representing the business community shall be appointed for a term of #c years2 7,b7 #b members representing labor shall be appointed for a term of #c years2 7,c7 #b members whose background and expertise the ,president deems appropriate for a term of #c years2 7,d7 #a member representing victims of crime shall be appointed for a term of #c years2 7,e7 #a member representing the interests of ,federal inmate workers shall be appointed for a term of #c years2 7,f7 #a member representing the business community shall be appointed for a term of #d years2 7,g7 #a member representing the business community shall be appointed for a term of #d years2 and 7,h7 the members having special expertise in inmate rehabilitation techniques shall be appointed for a term of #e years4 7#d7 ,the ,president shall designate #a member of the ,board as ,chairperson4 ,the ,chairperson may designate a ,vice ,chairperson4 7#e7 ,members of the ,board may be reappointed4 7#f7 ,any vacancy on the ,board shall be filled in the same manner as the original appointment4 ,any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term4 7#g7 ,the members of the ,board shall serve without compensation4 ,the members of the ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 to attend meetings of the ,board and1 with the advance approval of the ,chairperson of the ,board1 while otherwise away from their homes or regular places of business for purposes of duties as a member of the ,board4 7#h7 7,a7 ,the ,chairperson of the ,board may appoint and terminate any personnel that may be necessary to enable the ,board to perform its duties4 7,b7 ,upon request of the ,chairperson of the ,board1 a ,federal agency may detail a ,federal ,government employee to the ,board without reimbursement4 ,such detail shall be without interruption or loss of civil service status or privilege4 7#i7 ,the ,chairperson of the ,board may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code4 7c7 ,the ,director of the ,bureau of ,prisons shall serve as ,chief ,executive ,officer of the ,corporation4 ,the ,director shall designate a person to serve as ,chief ,operating ,officer of the ,corporation4 4 7b7 ,continued governance ,the members of the ,board of ,directors serving on the date of enactment of this ,act1 and the person selected by them as ,chairman1 shall continue to exercise the duties and responsibilities of the ,board until the earlier of-- 7#a7 the date on which the ,president has appointed at least #f members of the ,board and designated a new ,chairman1 pursuant to section #daba of title #ah1 ,united ,states ,code 7as amended by subsection 7a772 or 7#b7 the date that is #cfe days after the date of enactment of this ,act4 #ad4 ,management matters 7a7 ,additional flexibilities ,section #dabb7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking 7#c7 and inserting 7#c77;,a72 and 7#b7 by adding at the end the following new paragraphs3 7,b7 ,federal ,prison ,industries may locate more than one workshop at a ,federal correctional facility4 7,c7 ,federal ,prison ,industries may operate a workshop outside of a correctional facility if all of the inmates working in such workshop are classified as minimum security inmates4 4 7b7 ,cost ,accounting system 7#a7 ,establishment ,federal ,prison ,industries shall establish a cost accounting system that meets the requirements of part #cj 7,cost ,accounting ,standards ,administration7 of the ,federal ,acquisition ,regulation 7#dh ,,cfr part #cj74 ,the compliance of the cost accounting system with such standards shall be annually verified as part of the independent audit of ,federal ,prison ,industries1 ,inc41 pursuant to section #iajf7;b7 of title #ca1 ,united ,states ,code4 7#b7 ,application of related provision ,section #dabd7;c77#b7 of title #ah1 ,united ,states ,code1 shall apply when ,federal ,prison ,industries has been found to have a complaint cost accounting system pursuant to paragraph 7#a74 #ae4 ,transitional personnel management authority ,any correctional officer or other employee of ,federal ,prison ,industries being paid with nonappropriated funds who would be separated from service because of a reduction in the net income of ,federal ,prison ,industries during any fiscal year specified in section #d7;e77#a7 shall be-- 7#a7 eligible for appointment 7or reappointment7 in the competitive service pursuant to title #e1 ,united ,states ,code2 7#b7 registered on a ,bureau of ,prisons reemployment priority list2 and 7#c7 given priority for any other position within the ,bureau of ,prisons for which such employee is qualified4 #af4 ,federal ,prison ,industries report to ,congress ,section #dabg of title #ah1 ,united ,states ,code1 is amended to read as follows3 #dabg4 ,federal ,prison ,industries report to ,congress 7a7 ,in general ,pursuant to chapter #ia of title #ca1 the board of directors of ,federal ,prison ,industries shall submit an annual report to ,congress on the conduct of the business of the corporation during each fiscal year and the condition of its funds during the fiscal year4 7b7 ,contents of report ,in addition to the matters required by section #iajf of title #ca1 and such other matters as the board considers appropriate1 a report under subsection 7a7 shall include-- 7#a7 a statement of the amount of obligations issued under section #dabi7;a77#a7 of this title during the fiscal year2 7#b7 an estimate of the amount of obligations that will be issued in the following fiscal year2 7#c7 an analysis of-- 7,a7 the corporation's total sales for each specific product and type of service sold to the ,federal agencies and the commercial market2 7,b7 the total purchases by each ,federal agency of each specific product and type of service2 7,c7 the corporation's share of such total ,federal ,government purchases by specific product and type of service2 and 7,d7 the number and disposition of disputes submitted to the heads of the ,federal departments and agencies pursuant to section #dabd7;e7 of this title2 7#d7 an allocation of the profits of the corporation1 both gross and net1 to-- 7,a7 educational1 training1 release-preparation opportunities for inmates2 7,b7 opening new factories2 and 7,c7 improving the productivity and competitiveness of existing factories2 7#e7 an analysis of the inmate workforce that includes-- 7,a7 the number of inmates employed2 7,b7 the number of inmates utilized to produce products or furnish services sold in the commercial market2 7,c7 the number and percentage of employed inmates by the term of their incarceration2 and 7,d7 the various hourly wages paid to inmates 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 market2 and 7#f7 data concerning employment obtained by former inmates upon release to determine whether the employment provided by ,federal ,prison ,industries during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release4 7c7 ,public availability ,copies of an annual report under subsection 7a7 shall be made available to the public at a price not exceeding the cost of printing the report4 4 #ag4 ,definitions ,chapter #cjg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new section3 #daca4 ,definitions ,as used in this chapter-- 7#a7 the term assembly means the process of uniting or combining articles or components 7including ancillary finished components or assemblies7 so as to produce a significant change in form or utility1 without necessarily changing or altering the component parts2 7#b7 the term current market price means1 with respect to a specific product1 the fair market price of the product within the meaning of section #ae7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;a771 at the time that the contract is to be awarded1 verified through appropriate price analysis or cost analysis1 including any costs relating to transportation or the furnishing of any ancillary services2 7#c7 the term import-sensitive product means a product which1 according to ,department of ,commerce data1 has experienced competition from imports at an import to domestic production ratio of #be percent or greater2 7#d7 the term labor-intensive manufacture means a manufacturing activity in which the value of inmate labor constitutes at least #aj percent of the estimate unit cost to produce the item by ,federal ,prison ,industries2 7#e7 the term manufacture means the process of fabricating from raw or prepared materials1 so as to impart to those materials new forms1 qualities1 properties1 and combinations2 7#f7 the term reasonable share of the market means a share of the total purchases by the ,federal departments and agencies1 as reported to the ,federal ,procurement ,data ,system for-- 7,a7 any specific product during the #c preceding fiscal years1 that does not exceed #bj percent of the ,federal market for the specific product2 and 7,b7 any specific service during the #c preceding fiscal years1 that does not exceed #e percent of the ,federal market for the specific service2 and 7#g7 the term services has the meaning given the term service contract by section #cg4aja of the ,federal ,acquisition ,regulation 7#dh ,,cfr #cf4ajb71 as in effect on ,july #a1 #bjaj4 4 #ah4 ,implementing regulations and procedures 7a7 ,federal ,acquisition ,regulation 7#a7 ,proposed revisions ,proposed revisions to the ,governmentwide ,federal ,acquisition ,regulation to implement the amendments made by this ,act shall be published not later than #fj days after the date of the enactment of this ,act and provide not less than #fj days for public comment4 7#b7 ,final regulations ,final regulations shall be published not later than #ahj days after the date of the enactment of this ,act and shall be effective on the date that is #cj days after the date of publication4 7#c7 ,public participation ,the proposed regulations required by subsection 7a7 and the final regulations required by subsection 7b7 shall afford an opportunity for public participation in accordance with section #bb of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #dah;b74 7b7 ,board of ,directors 7#a7 ,in general ,the ,board of ,directors of ,federal ,prison ,industries shall issue regulations defining the terms specified in paragraph 7#b74 7#b7 ,terms to be defined ,the ,board of ,directors shall issue regulations for the following terms3 7,a7 ,prison-made product4 7,b7 ,prison-furnished service4 7,c7 ,specific product4 7,d7 ,specific service4 7#c7 ,schedule for regulatory definitions 7,a7 ,proposed regulations relating to the matter described in subsection 7b77#b7 shall be published not later than #fj days after the date of enactment of this ,act and provide not less than #fj days for public comment4 7,b7 ,final regulations relating to the matters described in subsection 7b77#b7 shall be published not less than #ahj days after the date of enactment of this ,act and shall be effective on the date that is #cj days after the date of publication4 7#d7 ,enhanced opportunities for public participation and scrutiny 7,a7 ,administrative procedure ,act ,regulations issued by the ,board of ,directors shall be subject to notice and comment rulemaking pursuant to section #eec of title #e1 ,united ,states ,code4 ,unless determined wholly impracticable or unnecessary by the ,board of ,directors1 the public shall be afforded #fj days for comment on proposed regulations4 7,b7 ,enhanced outreach ,the ,board of ,directors shall use means designed to most effectively solicit public comment on proposed regulations1 procedures1 and policies and to inform the affected public of final regulations1 procedures1 and policies4 7,c7 ,open meeting processes ,the ,board of ,directors shall take all actions relating to the adoption of regulations1 operating procedures1 guidelines1 and any other matter relating to the governance and operation of ,federal ,prison ,industries based on deliberations and a recorded vote conducted during a meeting open to the public1 unless closed pursuant to section #eeb7;b7 of title #e1 ,united ,states ,code4 7c7 ,secretary of ,labor 7#a7 ,schedule for ,regulatory ,action ,upon receipt of a request from the ,federal ,prison ,industries ,board of ,directors1 pursuant to section #aa7;d77#b71 to establish an inmate training wage pursuant to section #ad7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;a771 the ,secretary of ,labor1 in consultation with the ,attorney ,general1 shall issue-- 7,a7 an advanced notice of proposed rulemaking within #fj days2 7,b7 an interim regulation with concurrent request for public comments within #ahj days2 and 7,c7 a final regulation within #cfe days4 7#b7 ,alternative to timely issuance ,in the event that the ,secretary of ,labor fails to issue an interim inmate training wage by the date required by paragraph 7#a77;,b71 the ,federal ,prison ,industries ,board of ,directors may prescribe an interim inmate training wage1 which shall be in an amount not less than #ej percent of the amount of the minimum wage prescribed pursuant to section #f7;a77#a7 of such ,act 7#bi ,u4,s4,c4 #bjf7;a77#a774 7#c7 ,continued use of interim inmate training wage 7,a7 ,the interim inmate training wage issued pursuant to paragraph 7#a77;,b7 or prescribed under paragraph 7#b7 shall remain in effect until the effective date of a final regulation1 issued pursuant to paragraph 7#a77;,c74 7,b7 ,an eligible entity having an approved agreement with ,federal ,prison ,industries pursuant to section #dabd;b of title #ah1 ,united ,states ,code1 may continue to pay participating inmates at the wages prescribed in the agreement for the duration of the agreement1 if those wages comply with the standards of the interim inmate training wage issued pursuant to paragraph 7#a77;,b7 or prescribed under paragraph 7#b74 7#d7 ,existing agreements with nonconforming wages ,any for-profit business concern having an agreement with ,federal ,prison ,industries in effect on the date of enactment of this ,act1 under which ,federal inmates are furnishing services that are being introduced into the commercial market1 may continue to pay wages at rates specified in the agreement for the duration of the term of such agreement4 #ai4 ,rules of construction 7a7 ,agency bid protests ,subsection 7e7 of section #dabd of title #ah1 ,united ,states ,code1 as amended by section #b1 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 ,act4 7b7 ,javits-,wagner-,o',day ,act ,nothing in this ,act is intended to modify the ,javits-,wagner-,o',day ,act 7#da ,u4,s4,c4 #df et seq474 #bj4 ,effective date and applicability 7a7 ,effective date ,except as provided in subsection 7b71 this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,applicability ,section #dabd of title #ah1 ,united ,states ,code1 as amended by section #b1 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 #ag7;a77#b71 or after ,september #cj1 #bjad1 whichever is earlier4 #ba4 ,clerical amendments ,the table of sections for chapter #cjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by amending the item relating to section #daba to read as follows3 #daba4 ,federal ,prison ,industries2 ,board of ,directors3 executive management4 2 7#b7 by amending the item relating to section #dabd to read as follows3 #dabd4 ,governmentwide procurement policy relating to purchases from ,federal ,prison ,industries4 2 7#c7 by inserting after the item relating to section #dabd the following new items3 #dabd;a4 ,additional inmate work opportunities through public service activities4 #dabd;b4 ,re-entry employment preparation through work-based training and apprenticeship4 2 7#d7 by amending the item relating to section #dabg to read as follows3 #dabg4 ,federal ,prison ,industries report to ,congress4 2 and 7#e7 by adding at the end the following new items3 #dacj4 ,construction of provisions4 #daca4 ,definitions4 4