Small Business Protection Act of 2016

Small Business Protection Act of 2016

This bill amends the federal criminal code to repeal the requirement that federal departments and agencies purchase prison-made products.

Federal Prison Industries shall be ineligible to produce any product under a contract awarded for the sale of government property to a small business concern under the Small Business Act.

No executive agency head may enter into any contract with Federal Prison Industries under which an inmate worker would have access to classified data, personal or financial information about any individual private citizen without the individual's consent, or geographic data regarding the location of:

• surface and subsurface infrastructure providing communications or water or electrical power distribution;
• pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or
• other utilities.

The Attorney General shall report to Congress on the extent of re-entry employment preparation provided to inmates by participation in Federal Prison Industries.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4671 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4671

  To amend title 18, United States Code, to eliminate Federal Prison 
Industries advantages over the private sector and small business in the 
       procurement of commercially available goods and services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2016

 Mr. Huizenga of Michigan (for himself and Mrs. Carolyn B. Maloney of 
  New York) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to eliminate Federal Prison 
Industries advantages over the private sector and small business in the 
       procurement of commercially available goods and services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Protection Act of 
2016''.

SEC. 2. MODIFICATIONS IN AUTHORITY OF FEDERAL PRISON INDUSTRIES.

    (a) Elimination of Mandatory Sourcing for Government Contracts.--
            (1) Section 4124 of title 18, United States Code, is 
        repealed.
            (2) The table of sections at the beginning of chapter 307 
        of title 18, United States Code, is amended by striking the 
        item relating to section 4124.
    (b) Elimination of Small Business Set-Asides for Federal Prison 
Industries.--Section 4122 of title 18, United States Code, is amended 
by adding at the end the following:
    ``(f) Federal Prison Industries is ineligible to produce any 
product under a contract awarded to a small business concern pursuant 
to section 15(a) of the Small Business Act.''.
    (c) Protection of Classified and Sensitive Information.--Section 
4122 of title 18, United States Code, as amended by subsection (b), is 
further amended by adding at the end the following:
    ``(g) 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--
            ``(1) any data that is classified;
            ``(2) any geographic data regarding the location of--
                    ``(A) surface and subsurface infrastructure 
                providing communications or water or electrical power 
                distribution;
                    ``(B) pipelines for the distribution of natural 
                gas, bulk petroleum products, or other commodities; or
                    ``(C) other utilities; or
            ``(3) any personal or financial information about any 
        individual private citizen, including information relating to 
        such person's real property however described, without the 
        prior consent of the individual.''.
    (d) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Attorney General shall report to 
Congress on the extent of re-entry employment preparation provided to 
inmates by participation in Federal Prison Industries. Such report 
shall focus on the rate of recidivism found among such inmates after 
release as compared to that rate among other inmates who did not 
participate in Federal Prison Industries.
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