108th CONGRESS
2d Session
H. R. 3820
To protect United States workers from competition of foreign workforces
for performance of Federal and State contracts for goods or services.
IN THE HOUSE OF REPRESENTATIVES
February 24, 2004
Ms. DELAURO (for herself and Mr. DINGELL) introduced the following bill;
which was referred to the Committee on Government Reform
A BILL
To protect United States workers from competition of foreign workforces
for performance of Federal and State contracts for goods or 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 `United States Workers Protection Act of 2004'.
SEC. 2. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT
OF GOODS OR SERVICES.
(1) In general- The Office of Federal Procurement Policy Act (41 U.S.C.
403 et seq.) is amended by adding at the end the following new section:
`SEC. 42. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT
OF GOODS OR SERVICES.
`(a) Conversions to Contractor Performance of Federal Activities- An activity
or function of an executive agency that is converted to contractor performance
under Office of Management and Budget Circular A-76 may not be performed by
the contractor or any subcontractor at a location outside the United States
except to the extent that such activity or function was previously performed
by Federal Government employees outside the United States.
`(b) Federal Contracts for the Procurement of Goods or Services- (1) A contract
for the procurement of goods or services that is entered into by the head
of an executive agency may not be performed outside the United States except
to meet a requirement of the executive agency for goods or services specifically
at a location outside the United States.
`(2) The President may waive the prohibition in paragraph (1) in the case
of any contract for which the President determines in writing that it is necessary
in the national security interests of the United States for goods or services
under the contract to be provided or performed outside the United States.
`(3) Paragraph (1) does not apply to goods provided or services performed
outside the United States under the exception provided in subsection (a).
`(c) State Contracts for the Procurement of Goods or Services- (1) Funds appropriated
for financial assistance for a State may not be disbursed to or for such State
during a fiscal year unless the chief executive of that State has transmitted
to the Administrator for Federal Procurement Policy, not later than April
1 of the preceding fiscal year, a written certification that none of such
funds will be expended for goods provided or services performed outside the
United States under contracts for the procurement of goods or services entered
into by such State.
`(2) In this subsection, the term `State' means each of the several States
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, and the Trust Territory of the Pacific Islands.'.
(2) Clerical amendment- The table of sections in section 1(b) of such Act
is amended by adding at the end the following new item:
`42. Limitations on off-shore performance of contracts for the procurement
of goods or services.'.
(b) Inapplicability to States During First Two Fiscal Years- Section 42(c)
of the Office of Federal Procurement Policy Act (as added by subsection (a))
shall not apply to disbursements of funds to a State during the fiscal year
in which this Act is enacted and the next fiscal year.
(c) Repeal of Superseded Law- Section 647 of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004 (division F of Public Law
108-199) is amended by striking subsection (e).
END
