[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3653 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3653

  To provide authorities to, and impose requirements on, the heads of 
 executive agencies in order to facilitate State enforcement of State 
   tax, employment, and licensing laws against Federal construction 
                              contractors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2003

  Mr. Case (for himself and Mr. Abercrombie) introduced the following 
bill; which was referred to the Committee on Government Reform, and in 
    addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To provide authorities to, and impose requirements on, the heads of 
 executive agencies in order to facilitate State enforcement of State 
   tax, employment, and licensing laws against Federal construction 
                              contractors.

    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 ``Fairness to Local Contractors Act''.

SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND 
              LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS.

    (a) Requirement for State Tax Clearance From Potential Construction 
Contractors.--
            (1) Defense contracts.--Section 2305(b) of title 10, United 
        States Code, is amended by adding at the end the following new 
        paragraph:
    ``(10) In order to be considered a responsible bidder or offeror 
for a contract for the construction of a public building, facility, or 
work, a bidder or offeror shall submit with the bid or offer a tax 
clearance from the State in which the contract is to be performed. For 
purposes of this paragraph, a tax clearance is a document from an 
appropriate State agency indicating that the bidder or offeror is in 
compliance with all the tax laws of the State in which the contract is 
to be performed.''.
            (2) Civilian agency contracts.--Section 303B of title III 
        of the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 253b) is amended by adding at the end the following 
        new subsection:
    ``(n) Tax Clearance.--In order to be considered a responsible 
bidder or offeror for a contract for the construction of a public 
building, facility, or work, a bidder or offeror shall submit with the 
bid or offer a tax clearance from the State in which the contract is to 
be performed. For purposes of this paragraph, a tax clearance is a 
document from an appropriate State agency indicating that the bidder or 
offeror is in compliance with all the tax laws of the State in which 
the contract is to be performed.''.
    (b) Requirement To Withhold Final Contract Payment Until Receipt of 
State Tax Clearance and Certification of Compliance With Employment 
Laws From Contractor.--
            (1) Defense contracts.--Section 2307 of title 10, United 
        States Code, is amended by adding at the end the following new 
        subsection:
    ``(j) Requirement To Withhold Final Payment.--(1) The head of an 
agency shall withhold final payment under a contract for the 
construction of a public building, facility, or work until the 
contractor submits to the agency both of the following:
            ``(A) A tax clearance from the State in which the contract 
        is or was performed.
            ``(B) A certification stating that the contractor is in 
        compliance (or was in compliance during the performance of the 
        contract) with all applicable State laws that require employers 
        to make payments to or for the benefit of employees, including 
        laws relating to unemployment insurance, workers compensation, 
        health insurance, and disability insurance.
    ``(2) For purposes of this subsection, a tax clearance is a 
document from an appropriate State agency indicating that the 
contractor is or was in compliance with all the tax laws of the State 
in which the contract is or was performed.''.
            (2) Civilian agency contracts.--Section 305 of title III of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 255) is amended by adding at the end the following 
        new subsection:
    ``(h) Requirement To Withhold Final Payment.--(1) The head of an 
executive agency shall withhold final payment under a contract for the 
construction of a public building, facility, or work until the 
contractor submits to the agency both of the following:
            ``(A) A tax clearance from the State in which the contract 
        is or was performed.
            ``(B) A certification stating that the contractor is in 
        compliance (or was in compliance during the performance of the 
        contract) with all applicable State laws that require employers 
        to make payments to or for the benefit of employees, including 
        laws relating to unemployment insurance, workers compensation, 
health insurance, and disability insurance.
    ``(2) For purposes of this subsection, a tax clearance is a 
document from an appropriate State agency indicating that the 
contractor is or was in compliance with all the tax laws of the State 
in which the contract is or was performed.''.
    (c) Authority To Withhold Payment to Contractor of Amounts 
Necessary To Meet State Tax Obligations.--
            (1) Defense contracts.--Section 2307 of title 10, United 
        States Code, is further amended by adding at the end the 
        following new subsection:
    ``(k) Authority To Withhold Payment To Meet State Tax 
Obligations.--The head of an agency may withhold, from any payment due 
to a contractor under a contract made by the agency for the 
construction of a public building, facility, or work, an amount 
considered necessary by the head of the agency to pay to the State in 
which the contract is being performed the amount of the contractor's 
State tax liability that is attributable to the contract. The head of 
the agency that so withholds a payment may, upon request of the State 
in which the contract is being performed and with such documentation as 
the head of the agency considers necessary, pay such tax liability 
amount directly to the State from the withheld payment. Any amount of a 
withheld payment that exceeds the actual State tax liability amount 
shall be paid to the contractor.''.
            (2) Civilian agency contracts.--Section 305 of title III of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 255) is further amended by adding at the end the 
        following new subsection:
    ``(i) Authority To Withhold Payment To Meet State Tax 
Obligations.--The head of an executive agency may withhold, from any 
payment due to a contractor under a contract made by the agency for the 
construction of a public building, facility, or work, an amount 
considered necessary by the head of the agency to pay to the State in 
which the contract is being performed the amount of the contractor's 
State tax liability that is attributable to the contract. The head of 
the executive agency that so withholds a payment may, upon request of 
the State in which the contract is being performed and with such 
documentation as the head of the agency considers necessary, pay such 
tax liability amount directly to the State from the withheld payment. 
Any amount of a withheld payment that exceeds the actual State tax 
liability amount shall be paid to the contractor.''.
    (d) Requirement for Construction Contractors To Obtain Applicable 
State Licenses.--
            (1) Defense contracts.--(A) Chapter 141 of title 10, United 
        States Code, is amended by adding at the end the following new 
        section:
``Sec. 2410n. Construction contracts: requirement to obtain applicable 
              State licenses
    ``The Secretary of Defense shall require, in any contract entered 
into by the Secretary for the construction of a public building, 
facility, or work which is to be performed in a State that requires 
persons performing the type of work to be performed under the contract 
to be licensed, that the contractor be so licensed.''.
    (B) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2410n. Construction contracts: requirement to obtain applicable State 
                            licenses.''.
            (2) Civilian agency contracts.--Title III of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 251 
        et seq.) is amended by adding at the end the following new 
        section:

``SEC. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE 
              STATE LICENSES.

    ``The head of an executive agency shall require, in any contract 
entered into by the agency for the construction of a public building, 
facility, or work which is to be performed in a State that requires 
persons performing the type of work to be performed under the contract 
to be licensed, that the contractor be so licensed.''.
    (e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition 
Regulation.--The Federal Acquisition Regulation shall be revised to 
contain provisions explaining the general excise tax law of the State 
of Hawaii.
    (f) Effective Date.--The amendments made by this Act shall apply 
with respect to contracts entered into after the date of the enactment 
of this Act.
                                 <all>