Small Business Protection Act of 2020

Small Business Protection Act of 2020

This bill repeals a provision that requires federal agencies to procure products from Federal Prison Industries (FPI). The bill also makes FPI ineligible to produce any product under certain federal contracts awarded to small businesses, and prohibits federal agencies from entering into a contract with FPI under which an inmate worker would have access to certain classified data or personal information.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9012 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 9012

  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.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2020

  Mr. Huizenga (for himself and Mr. Brooks of Alabama) 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 
2020''.

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        repealed.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, after consultation with the Small Business 
Administration and the Secretary of the Department of Labor, the 
Attorney General shall submit to Congress a report on the following:
            (1) The progress made in the transition of Federal Prison 
        Industries to only manufacturing items or providing 
        professional services solely made or offered overseas.
            (2) The loss of revenue for Federal Prison Industries that 
        resulted from the transition described in paragraph (1), and 
        the market share of items and professional services described 
        in paragraph (1) that will be needed to make up such loss.
            (3) The development of an expedited timeline and the 
        necessary action items needed for the transition described in 
        paragraph (1).
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