[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2094

To protect United States workers from competition of foreign workforces 
        for performance of Federal and State services contracts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2004

   Mr. Dodd introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To protect United States workers from competition of foreign workforces 
        for performance of Federal and State services contracts.

    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 AND 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 AND 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 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 performed outside 
the United States.
    ``(3) Paragraph (1) does not apply to goods or services performed 
outside the United States under the exception provided in subsection 
(a).
    ``(c) State Contracts for the Procurement of 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 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 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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