I 108th CONGRESS 2d Session H. R. 3820 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.

1.

Short title

This Act may be cited as the &short-title1;.

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:

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: Sec. 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).