[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Introduced in Senate (IS)]






108th CONGRESS
  2d Session
                                S. 2148

To protect American workers from competition of foreign workforces for 
              performance of Federal and State contracts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2004

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

_______________________________________________________________________

                                 A BILL


 
To protect American workers from competition of foreign workforces for 
              performance of Federal and State 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 ``U.S.A. Jobs 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.

    ``(a) Federal Contracts.--A contract 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 the 
contract to be performed specifically at a location outside the United 
States.
    ``(b) State Contracts.--
            ``(1) In general.--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, except as described 
        under paragraph (2), none of such funds will be expended for 
        the performance of State contracts outside the United States.
            ``(2) Exception.--Funds described in paragraph (1) may be 
        expended for the performance of a State contract outside the 
        United States if the chief executive of such State certifies in 
        advance to the Administrator that such expenditure is for a 
        contract that cannot be performed within the United States.
    ``(c) Definition of State.--In this section, the term `State' 
means--
            ``(1) 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; and
            ``(2) a political subdivision of a State.''.
            (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.''.
    (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.
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