Small Business Protection Act of 2020

I 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. 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 avail- able goods and services. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Small Business Protec- 4 tion Act of 2020’’. 5 VerDate Sep 11 2014 23:01 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9012.IH H9012 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9012 IH SEC. 2. MODIFICATIONS IN AUTHORITY OF FEDERAL PRIS- 1 ON INDUSTRIES. 2 (a) ELIMINATION OF MANDATORY SOURCING FOR 3 GOVERNMENT CONTRACTS.— 4 (1) Section 4124 of title 18, United States 5 Code, is repealed. 6 (2) The table of sections at the beginning of 7 chapter 307 of title 18, United States Code, is 8 amended by striking the item relating to section 9 4124. 10 (b) ELIMINATION OF SMALL BUSINESS SET-ASIDES 11 FOR FEDERAL PRISON INDUSTRIES.—Section 4122 of 12 title 18, United States Code, is amended by adding at the 13 end the following: 14 ‘‘(f) Federal Prison Industries is ineligible to produce 15 any product under a contract awarded to a small business 16 concern pursuant to section 15(a) of the Small Business 17 Act.’’. 18 (c) PROTECTION OF CLASSIFIED AND SENSITIVE IN- 19 FORMATION.—Section 4122 of title 18, United States 20 Code, as amended by subsection (b), is further amended 21 by adding at the end the following: 22 ‘‘(g) The head of an executive agency may not enter 23 into any contract with Federal Prison Industries under 24 which an inmate worker would have access to— 25 ‘‘(1) any data that is classified; 26 VerDate Sep 11 2014 23:01 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9012.IH H9012 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9012 IH ‘‘(2) any geographic data regarding the location 1 of— 2 ‘‘(A) surface and subsurface infrastructure 3 providing communications or water or electrical 4 power distribution; 5 ‘‘(B) pipelines for the distribution of nat- 6 ural gas, bulk petroleum products, or other 7 commodities; or 8 ‘‘(C) other utilities; or 9 ‘‘(3) any personal or financial information 10 about any individual private citizen, including infor- 11 mation relating to such person’s real property how- 12 ever described, without the prior consent of the indi- 13 vidual.’’. 14 (d) REPORT TO CONGRESS.—Not later than 180 days 15 after the date of the enactment of this Act, after consulta- 16 tion with the Small Business Administration and the Sec- 17 retary of the Department of Labor, the Attorney General 18 shall submit to Congress a report on the following: 19 (1) The progress made in the transition of Fed- 20 eral Prison Industries to only manufacturing items 21 or providing professional services solely made or of- 22 fered overseas. 23 (2) The loss of revenue for Federal Prison In- 24 dustries that resulted from the transition described 25 VerDate Sep 11 2014 23:01 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9012.IH H9012 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 9012 IH in paragraph (1), and the market share of items and 1 professional services described in paragraph (1) that 2 will be needed to make up such loss. 3 (3) The development of an expedited timeline 4 and the necessary action items needed for the transi- 5 tion described in paragraph (1). 6 Æ VerDate Sep 11 2014 23:01 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H9012.IH H9012 pbinns on DSKJLVW7X2PROD with BILLS