[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5386 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5386

    To amend title 18, United States Code, to reform Federal Prison 
                  Industries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2004

 Mr. Conyers introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to reform Federal Prison 
                  Industries, and for other purposes.

    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 ``Fair Access and Individual 
Responsibilities Act of 2004''.

SEC. 2. INDUSTRIAL OPERATIONS IN FEDERAL PRISONS.

    (a) Board of Directors.--Section 4121 of title 18, United States 
Code, is amended by striking all after the section heading and 
inserting the following:
    ``(a) Establishment.--Federal Prison Industries is a government 
corporation of the District of Columbia.
    ``(b) Board.--
            ``(1) In general.--Federal Prison Industries is 
        administered by a board of directors, composed of 12 directors 
        appointed by the Attorney General, of which 4 shall be 
        appointed as follows:
                    ``(A) 1 director upon the recommendation of the 
                Speaker of the House of Representatives.
                    ``(B) 1 director upon the recommendation of the 
                minority leader of the House of Representatives.
                    ``(C) 1 director upon the recommendation of the 
                majority leader of the Senate.
                    ``(D) 1 director upon the recommendation of the 
                minority leader of the Senate.
            ``(2) Term.--A director shall be appointed to a term of 4 
        years and may be reappointed.
            ``(3) Compensation.--A director shall serve without 
        compensation.
    ``(c) Duty.--The duty of the board shall be to carry on and 
facilitate such industrial operations in Federal correctional 
institutions as the Attorney General determines.
    ``(d) Chief Executive Officer.--The Director of the Bureau of 
Prisons shall serve as chief executive officer of the corporation.
    ``(e) Independent Review Panel.--
            ``(1) In general.--The Attorney General shall appoint an 
        independent review panel to advise the board of directors 
        regarding the type and quantity of products to be produced by 
        Federal Prison Industries and conditions of hire and work 
        consistent with this chapter.
            ``(2) Members.--The panel shall be comprised of--
                    ``(A) 1 member representing the Department of 
                Commerce;
                    ``(B) 1 member representing the Department of 
                Labor;
                    ``(C) 1 member representing the Department of the 
                Treasury;
                    ``(D) 1 member representing the International Trade 
                Commission;
                    ``(E) 1 member representing the Small Business 
                Association;
                    ``(F) 1 member representing the Economic 
                Development Administration;
                    ``(G) 1 member representing the business community;
                    ``(H) 1 member representing organized labor;
                    ``(I) 1 member representing taxpayers;
                    ``(J) 1 member representing crime victims;
                    ``(K) 1 member representing the Department of 
                Health and Human Services Office of Child Support 
                Enforcement;
                    ``(L) 1 member representing minorities 
                overrepresented in prison populations;
                    ``(M) not less than 2 members representing, and 
                appointed from among, inmates working in Federal Prison 
                Industries; and
                    ``(N) such other members as the Attorney General 
                considers appropriate.
            ``(3) Compensation.--Members of the panel shall serve 
        without compensation.
            ``(4) Inapplicability of faca.--The Federal Advisory 
        Committee Act shall not apply with respect to the panel.''.
    (b) Administration.--Section 4122 of title 18, United States Code, 
is amended by striking all after the section heading and inserting the 
following:
    ``(a) In General.--The Attorney General shall determine in what 
manner and to what extent industrial operations shall be carried on in 
Federal correctional institutions.
    ``(b) Objectives.--The Attorney General shall conduct such 
operations so as to maximize--
            ``(1) the productivity, legal income, and financial 
        responsibility of every Federal corrections inmate;
            ``(2) the unsubsidized competitive opportunities of 
        industrial operations in Federal correctional institutions; and
            ``(3) the profit opportunities of private and non-profit 
        firms employing inmates in Federal correctional institutions, 
        within the rules of the normal competitive economy and subject 
        to the requirements of safe and secure correctional facilities.
    ``(c) Responsibilities.--Within requirements of safety and 
security, the Attorney General shall be responsible for protecting and 
facilitating the participation rights of each Federal corrections 
inmate as well as for facilitating the ability of each inmate to meet 
that inmate's financial responsibilities through successful competitive 
participation in the economy of the United States.
    ``(d) Availability of Opportunities.--The Attorney General shall 
endeavor to make available to inmates who have been committed to the 
custody of the Bureau of Prisons opportunities, free from 
discrimination, to work or be employed in a Federal Prison Industries 
shop.
    ``(e) Standards.--The Attorney General may set standards regarding 
education and conduct for those inmates who work in a Federal Prison 
Industries shop.
    ``(f) Voluntary Movement.--Except where safety and security of 
individual inmates requires exception, the voluntary movement of 
inmates among classes of institutional maintenance, work, or employment 
shall not be inhibited.''.

SEC. 3. INDUSTRY CLASSES.

    (a) Purchase of Prison-Made Products by Federal Departments.--
Section 4124 of title 18, United States Code, is amended by striking 
``products of the industries authorized by this chapter'' and inserting 
``products of Class A industries authorized by this chapter''.
    (b) Classes A, B, C, and D.--(1) Chapter 307 of title 18, United 
States Code, is amended by adding after section 4124 the following new 
sections:
``Sec. 4124A. Class A industries
    ``(a) Definition.--In this chapter, a Class A industry is an 
industry established under this chapter as of December 31, 2002.
    ``(b) Limitations on Number of Workers.--The number of inmates 
working in Class A industries may not exceed--
            ``(1) the number of inmates working in Class A industries 
        as of December 31, 2002, during the period beginning on the 
        date of the enactment of this section and ending on December 
        31, 2015;
            ``(2) 75 percent of the number referred to in paragraph 
        (1), during the period beginning on January 1, 2016, and ending 
        on December 31, 2020; and
            ``(3) 50 percent of the number referred to in paragraph 
        (1), after December 31, 2020.
    ``(c) Limitations on Percentage of Workers.--Of the total 
population of inmates, the percentage who work in Class A industries 
may not exceed--
            ``(1) the percentage who worked in Class A industries as of 
        December 31, 2002, during the period beginning on the date of 
        the enactment of this section and ending on December 31, 2015;
            ``(2) 75 percent of the percentage referred to in paragraph 
        (1), during the period beginning on January 1, 2016, and ending 
        on December 31, 2020; and
            ``(3) 50 percent of the percentage referred to in paragraph 
        (1), after December 31, 2020.
    ``(d) Limitation on Industries.--The types of industries in Class A 
industries may not expand beyond the industries in existence as of 
December 31, 2002.
``Sec. 4124B. Class B industries
    ``(a) Definition.--In this chapter, a Class B industry is an 
industry established on or after January 1, 2005, that meets the 
requirements of subsection (b).
    ``(b) Requirements.--An industry meets the requirements of this 
subsection if, and only if, it meets the following requirements:
            ``(1) It is carried out by a competitive entity unrelated 
        to a Class A industry that produces goods or services for sale 
        in government or open markets, including in interstate and 
        international commerce.
            ``(2) The entity is an independent taxpaying unit subject 
        to all opportunities and obligations affecting a similarly 
        located private firm.
            ``(3) All civilian and inmate workers of the entity are 
        identically covered under wage and benefit plans and all 
        Federal and applicable State and local laws covering civilian 
        employees, including but not limited to all provisions of the 
        Fair Labor Standards Act, the National Labor Relations Act, the 
        Americans With Disabilities Act, and health and safety 
        standards affecting private firms.
            ``(4) The entity is subject to all license, permit, and tax 
        obligations of a similarly located private firm.
            ``(5) Any land, buildings, capital equipment, utilities, 
        services, or staff assistance (except security) owned or 
        provided to the entity by Federal Prison Industries are 
        obtained in an arms-length, open, competitive bidding process 
        maximizing returns to taxpayers.
            ``(6) The entity does not receive from Federal Prison 
        Industries any implicit or explicit subsidy not equivalently 
        offered to other firms.
            ``(7) The entity, before engaging in a business, offers for 
        competitive bid all resources, including opportunities to 
        recruit inmate employees, to firms in the locale engaged in the 
        proposed line of business.
            ``(8) Mandatory preference does not apply to the entity.
``Sec. 4124C. Class C industries
    ``(a) Definition.--In this chapter, a Class C industry is an 
industry established on or after January 1, 2005, that meets the 
requirements of subsection (b).
    ``(b) Requirements.--An industry meets the requirements of this 
subsection if, and only if, it meets the following requirements:
            ``(1) It is carried out by a private entity located in a 
        Federal correctional institution that produces goods or 
        services for sale in government or open markets, including in 
        interstate and international commerce.
            ``(2) The entity employs convicts or prisoners who meet the 
        requirements of each paragraph of section 1761(c) of this 
        title.
            ``(3) The entity meets the same requirements that an entity 
        must meet for participation in the State Prison Industry 
        Enhancement Certification program of the Department of Justice.
            ``(4) The entity meets any other requirements that the 
        Federal Bureau of Prisons may prescribe under subsection (c).
    ``(c) BOP Requirements.--
            ``(1) In general.--The Federal Bureau of Prisons shall 
        prescribe the other requirements referred to in subsection 
        (b)(4). The first such requirements shall be published not 
        later than 180 days after the date of the enactment of this 
        section.
            ``(2) Limitations.--The requirements shall be designed to 
        maximize opportunities for private and nonprofit firms to 
        compete for efficient operations in Federal correctional 
        facilities while maintaining necessary security. The 
        requirements shall ensure that a Class C industry may be 
        established, invested in, or participated in, by inmates, so 
        long as--
                    ``(A) normal conditions of law are met;
                    ``(B) the business or investment poses no 
                significant threat to the safety or security of the 
                institution; and
                    ``(C) inmate entrepreneurs and managers exercise no 
                notable control or influence over employed inmates 
                outside the workplace.
``Sec. 4124D. Class D industries
    ``(a) Definition.--In this chapter, a Class D industry is a pilot 
industry that is created for purposes of testing reform of inmate 
employment and prison industries and that meets the requirements of 
subsection (b).
    ``(b) Requirements.--An industry meets the requirements of this 
subsection if, and only if, it meets the following requirements:
            ``(1) Inmate participation is voluntary.
            ``(2) The entity carrying out the industry meets all health 
        and safety regulations.
            ``(3) The Attorney General determines that the industry is 
        safe, fair, and devised to increase inmate economic well-being.
            ``(4) It is a legitimate test industry meant to be 
        preliminary to wider application or for purposes of determining 
        whether there should be a proposed change in law.
            ``(5) The entity carrying out the industry has adequate 
        public oversight and independent evaluation.
    ``(c) BOP Requirements.--The Federal Bureau of Prisons may 
establish up to 20 separate Class D industries, employing no more than 
a cumulative total of 2000 inmates over the life of the Class D 
industry program.
    ``(d) Relationship to Class A, B, and C Industries.--Class D 
industries do not have to comply with the requirements of class A, B, 
and C industries, as set forth in sections 4124A, 4124B, and 4124C.
    ``(e) Termination.--The Class D industries program shall terminate 
on December 31, 2020.
``Sec. 4124E. Other industries prohibited
    ``An industry may not be established under this chapter unless it 
is a Class A industry under section 4124A, a Class B industry under 
section 4124B, a Class C industry under section 4124C, or a Class D 
industry under section 4124D.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new items:

``4124A. Class A industries.
``4124B. Class B industries.
``4124C. Class C industries.
``4124D. Class D industries.
``4124E. Other industries prohibited.''.

SEC. 4. REPEAL OF MANDATORY SOURCE PROVISIONS.

    Section 4124 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e)(1) Except as provided in paragraph (2), this section shall 
not apply after December 31, 2010.
    ``(2) This section shall apply with respect to Federal Prison 
Industries at a specific correctional facility for a period not 
exceeding 2 years after December 31, 2010, if the Attorney General--
            ``(A) certifies that national security or security of the 
        facility would be endangered if the section ceased to apply 
        with respect to the facility; and
            ``(B) publishes a plan for the elimination, by the end of 
        the period for which the applicability is extended under this 
        paragraph, of the conditions causing the endangerment of 
        national security or security of the facility.''.

SEC. 5. INMATE WAGE RATES.

    (a) In General.--Chapter 307 of title 18, United States Code, is 
amended by adding after section 4124E (as added by section 3) the 
following new section:
``Sec. 4124F. Wage rates
    ``(a) In General.--Within the requirements of safe and secure 
confinement, the Attorney General shall modify correctional practices 
to improve the attractiveness and business efficiency of Federal 
correctional facilities to ensure maximum employment of inmates at 
prevailing wages.
    ``(b) Prevailing Wage.--A Federal inmate employed in a Class B 
industry or a Class C industry, and a State or local inmate employed in 
connection with the Prison Industry Enhancement Certification program 
of the Department of Justice, shall be paid at a wage not less than the 
prevailing wage in the locality, except--
            ``(1) to the degree the productivity of individual inmates 
        or subgroups of inmates can be reasonably demonstrated to lag 
        that of civilian workers in the locality, and then only for the 
        period during which their productivity lags, as demonstrated on 
        an annual basis and certified by the Department of Employment 
        Services in the host State; or
            ``(2) to the degree unavoidable inefficiencies or risks of 
        operating in a correctional setting deter a facility's hiring 
        inmates at prevailing wages, as evidenced by its inability to 
        attract enough firms to employ 50 inmates at prevailing wages, 
        provided that--
                    ``(A) the reduction in any inmate's wage is no more 
                than 50 percent of the difference between the Federal 
                minimum wage and the determined prevailing wage;
                    ``(B) the full value of the reduction, to the limit 
                of the prescribed deduction, is credited to the inmate 
                in lieu of deductions for board and room;
                    ``(C) the inefficiencies, efforts to mitigate them, 
                and justifications for their persistence are documented 
                and published; and
                    ``(D) the inefficiency is certified annually by the 
                Attorney General or a State attorney general; or
            ``(3) during the first 24 months of a new firm or new Class 
        B industry's operation in a correctional facility.
    ``(c) Reasonable Measures.--In all instances justifying sub-
prevailing wages because of reduced productivity, the host correctional 
facility will have in place reasonable measures including, but not 
limited to, access to education and appropriate training, to increase 
the productivity of the affected inmates.
    ``(d) Notice.--No facility may contract with or establish a firm 
employing inmates at less than prevailing wages unless it has first by 
public notice in the Federal Register and by other effective means 
offered opportunities to all firms to compete for employment of inmates 
at the facility.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
4124E (as added by section 3) the following new item:

``4124F. Wage rates.''.

SEC. 6. INCENTIVES TO TRADE ORGANIZATIONS AND NON-PROFITS.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General may make matching grants to business 
trade organizations, labor organizations, and human rights and non-
profit organizations to attract firms and create business entities in 
Federal and State correctional settings.
    (b) Purpose.--The purpose of a matching grant under subsection (a) 
shall be to encourage investment and innovation in bringing inmates 
into successful open market employment.
    (c) Grant Amounts and Terms.--A matching grant under subsection (a) 
may be made for not more than five years, in an amount not to exceed 
$200,000 per year.
    (d) Set-Aside.--Not less than 20 percent of amounts made available 
to carry out this section shall be used for research and evaluation.

SEC. 7. INMATE FINANCIAL RESPONSIBILITIES.

    (a) In General.--Chapter 307 of title 18, United States Code, is 
amended by adding after section 4124F (as added by section 5) the 
following new section:
``Sec. 4124G. Inmate financial responsibilities
    ``(a) In General.--The Attorney General shall facilitate the 
success of each inmate in meeting reasonably proportioned financial 
obligations to the victims of that inmate, the children and family of 
that inmate, to taxpayers, and the inmate individually. In particular, 
the Director of the Bureau of Prisons shall coordinate with working 
inmates and courts, family services, and offices of child support 
enforcement to ensure victim compensation, restitution, family support, 
establishment of paternity and reasonable child support orders, payment 
toward any other court-ordered obligations, to contribute toward the 
costs of incarceration, as well as for reasonable actions to encourage 
prudent purchasing, saving, and investment by inmates.
    ``(b) Class B Deductions.--Deductions may be made from the earnings 
of an inmate in a Class B industry only for taxes and normal payroll 
deductions, court-ordered deductions for any purpose, victim 
compensation, restitution, family support, child and family support, 
and contributions to costs of incarceration. Deductions may not, in 
total, exceed 80 percent of gross pay. No deduction from any inmate's 
earnings for costs of incarceration, victim compensation, or 
restitution can exceed the aggregate average rate of deductions for 
family or child support. The Attorney General may require and monitor 
savings, and Federal Prison Industries shall encourage prudent 
interest-earning savings. Inmates shall have full access to Federal 
Prisons credit union savings or investment accounts on terms identical 
to those offered civilian employees for all required savings. Although 
savings may be required from the 20 percent of gross income remaining 
for the inmate, at least half of the remainder shall be held exempt 
from any deduction ordered by Federal Prison Industries or any court 
and will accrue solely to the discretion of the inmate wage earner. 
Records of all deductions will be maintained by category and compiled 
annually for public release.
    ``(c) Class C Deductions.--Deductions may be made from the earnings 
of an inmate in a Class C industry in the same manner as deductions may 
be made from the earnings of an inmate in a Prison Industry Enhancement 
Certification program of the Department of Justice.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
4124F (as added by section 5) the following new item:

``4124G. Inmate financial responsibilities.''.

SEC. 8. SUPPORT BY OTHER FEDERAL AGENCIES.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General shall facilitate other Federal, State, 
and other agencies increasing the education, skills, and economic 
productivity of the Federal inmate population and in assisting inmates 
in meeting financial obligations.
    (b) Inmate and Industry Rights.--No Federal inmate and no Class A, 
Class B, or Class C industry of Federal Prison Industries may be 
prohibited from obtaining the services of a Federal agency for which 
that inmate or industry is otherwise qualified, so long as 
institutional safety and security are preserved.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000 for each of fiscal years 2005 through 2015 for 
each of the Departments of Commerce, Education, Justice, Health and 
Human Services, Labor, and Treasury, to identify and begin to effect 
linkages between Departmental programs and services serving Federal, 
State, and local inmates and correctional industries.

SEC. 9. RIGHTS OF INMATE WORKERS.

    (a) Establishment of Procedures.--Not later than 1 year after the 
date of the enactment of this Act, the Director of the Bureau of 
Prisons shall establish procedures to ensure that inmate workers have 
the right to form and join a labor organization of their own choice and 
to engage in collective bargaining.
    (b) Rights.--Such procedures shall--
            (1) ensure employer and prison authority neutrality with 
        regard to the exercise of collective bargaining rights by 
        inmate workers;
            (2) provide for a right of inmate workers to withhold 
        services in the event of a dispute over terms and conditions of 
        employment;
            (3) enable inmate workers to initiate collective bargaining 
        upon a showing by petition that a majority of workers of a unit 
        appropriate for collective bargaining wish to be represented by 
        an individual or labor organization (except that bargaining 
        unit determinations will be made in accordance with the 
        requirements of section 9(b)(3) of the National Labor Relations 
        Act (29 U.S.C. 159(b)(3)));
            (4) provide for binding arbitration if the inmate workers 
        and the employer are unable to negotiate an initial collective 
        bargaining agreement in a timely manner; and
            (5) otherwise afford inmate workers with similar rights to 
        those afforded to employees under the National Labor Relations 
        Act (29 U.S.C. 151 et seq).

SEC. 10. INMATE WORKER COUNCILS.

    (a) In General.--The Attorney General shall establish inmate worker 
councils in each Federal correctional institution, including all 
inmates working in Class A, B, or C industries of Federal Prison 
Industries. The councils shall be for the purposes of--
            (1) increasing productivity, quality, and income 
        opportunity, including recruiting new firms;
            (2) representing common workplace interests of inmate 
        employees, including in negotiation with Federal Prison 
        Industries and firm management; and
            (3) intersite and public communication representing inmate 
        workers.
    (b) Communication and Participation.--Councils will be designed to 
encourage open communication about workplace issues within the bounds 
of safe and secure confinement. Each employed inmate shall have the 
right to participate in inmate councils, and local and national 
leadership of such councils shall be chosen by inmates in a free and 
democratic manner.
    (c) Non-Workplace Issues Excluded.--Corrections issues whose 
primary impact is other than the workplace shall not be considered in 
inmate worker councils.
    (d) Approval of Class C Agreements.--No agreement for a Class C 
industry may be approved without review and comment by the facility's 
inmate worker council. A council shall have full access to all terms 
and conditions of the proposed agreement affecting their employment, 
work content, duties, hours, pay, benefits, and other working 
conditions. Before such an agreement is signed, inmate worker council 
comments and recommendations must receive serious consideration by 
facility management and facility management must submit a formal reply 
to the council on each recommendation. The council, at its discretion, 
may publish the recommendations and response in their entirety.
    (e) Protection.--The Attorney General shall ensure that workplace 
issues raised by any inmate through worker councils, whose reasonable 
consequences are legal, are exempt from correctional disciplinary 
action, workplace retaliation, or loss of any right or privilege.
    (f) Expenses.--Reasonable council expenses shall be funded from 
that portion of deductions from inmate gross wages for board and room.

SEC. 11. BUSINESS COUNCILS.

    (a) In General.--The Attorney General shall facilitate creation of 
councils of entities operating Class B or C industries in Federal 
correctional institutions. The councils shall be for the purposes of 
improving efficiency, competitiveness, employment, and profitability of 
such entities, improving working relationships with Federal 
institutions and the Federal Bureau of Prisons, as well as for 
improving safety, security, and public understanding of Federal prison 
industry programs.
    (b) Issues.--Such councils shall exclusively address issues 
affecting workplace efficiency and success. Corrections issues whose 
primary impact is other than the workplace or business efficiency shall 
not be considered in business councils.

SEC. 12. WORKPLACE DISCIPLINE AND WORKPLACE ISSUES.

    (a) In General.--This Act and the amendments made by this Act apply 
solely to workplace operations in correctional facilities regarding the 
production of goods and services for agencies or open markets other 
than the operation of the specific correctional facility. They do not 
apply to work in institutional maintenance or to correctional matters 
of any sort beyond the workplace.
    (b) Protection.--Except where a specific workplace action can be 
shown to directly threaten or harm correctional safety or security, 
workplace issues involving inmates in Class A, B, or C industries must 
be addressed solely in the workplace with no correctional consequence. 
Correctional disciplinary procedures and transfers shall not be used to 
address inmate workplace issues, including issues raised in an 
otherwise legal collective bargaining process.

SEC. 13. CORRECTIONAL INSTITUTION LOCATIONS.

    In locating new correctional institutions, the Attorney General 
will favorably consider locations that increase or maximize Federal 
inmates' opportunities for successful open-market employment and 
competitive participation in the United States economy, along with 
opportunities for education and training.

SEC. 14. RESEARCH AND PILOT PROGRAM SUPPORT.

    There are authorized to be appropriated to the Federal Bureau of 
Prisons, to assist the Federal Bureau of Prisons in transitioning to 
successful open-market participation for inmates and industries, 
$2,000,000 for each of fiscal years 2006 through 2015, to be available 
for--
            (1) external expertise in designing and effecting programs 
        for Class B and C industries;
            (2) research and followup support;
            (3) staffing support to initiate such programs; and
            (4) outreach support.

SEC. 15. ANNUAL PUBLIC REPORTS.

    (a) Accounting Report.--Not later than June 30 of each year, the 
Attorney General shall publish a report, broken down by Class A, B, and 
C industries, on Federal Prison Industries. The report shall include--
            (1) numbers of working inmates by industry and occupation;
            (2) distributions of hours worked and hourly and annual 
        incomes;
            (3) deductions by class of deduction;
            (4) annual value of product;
            (5) injuries and workers compensation claims; and
            (6) any other statistics necessary for a public accounting 
        of inmate work.
    (b) Publications by Private Firms.--With the exception of inmate 
wage disclosure, the Attorney General shall not require private firms 
employing inmates to publish information which would both--
            (1) not otherwise be required; and
            (2) could reasonably be construed to harm the firm's 
        competitive position.
    (c) Major Events Report.--Concurrently with the report required by 
subsection (a), the Attorney General shall publish annually a report 
summarizing major events and progress in each of Class A, B, and C 
industries of Federal Prison Industries. The report shall--
            (1) identify all significant events and decisions affecting 
        inmate work opportunity, conditions of work, pay and benefits, 
        and events affecting inmate participation in the workplace; and
            (2) include an annual national report prepared by inmate 
        worker and business councils including whatever information 
        those councils considers appropriate.
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