[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3820 Introduced in House (IH)]






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.

    (a) Limitations.--
            (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).
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