[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4321 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4321

    To amend title 10, United States Code, to improve congressional 
  oversight and public transparency of military construction contract 
                    awards, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2021

Mr. Kim of New Jersey (for himself, Mr. Garamendi, Mr. Pfluger, and Mr. 
  Norcross) introduced the following bill; which was referred to the 
Committee on Armed Services, and in addition to the Committee on Small 
Business, 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 amend title 10, United States Code, to improve congressional 
  oversight and public transparency of military construction contract 
                    awards, and for other purposes.

    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 ``Put Our Neighbors to Work Act of 
2021''.

SEC. 2. SUPERVISION OF MILITARY CONSTRUCTION PROJECTS.

    Section 2851 of title 10, United States Code, is amended--
            (1) in subsection (c)(1)--
                    (A) by inserting ``or appropriated'' after ``funds 
                authorized'' each place such term appears; and
                    (B) in subparagraph (E), by inserting ``, 
                Facilities Sustainment, Restoration, and Modernization 
                (FSRM) project,'' after ``military construction 
                project'';
            (2) in subsection (c)(2)--
                    (A) by inserting ``, deadline for bid 
                submissions,'' after ``solicitation date'';
                    (B) by inserting ``(including the address of such 
                recipient)'' after ``contract recipient''; and
                    (C) by adding at the end the following new 
                subparagraphs:
            ``(H) Any subcontracting plan required under paragraph (4) 
        or (5) of section 8(d) of the Small Business Act (15 U.S.C. 
        637(d)) for the project submitted by the contract recipient to 
        the Secretary of Defense.
            ``(I) A detailed written statement describing and 
        justifying any exception applied or waiver granted under--
                    ``(i) chapter 83 of title 41;
                    ``(ii) section 2533a of this title; or
                    ``(iii) section 2533b of this title.''; and
            (3) by adding at the end the following new paragraph:
    ``(4) The information required to be published on the Internet 
website under subsection (c) shall constitute a record for the purposes 
of Chapter 21, 29, 31, and 33 of title 44.''.

SEC. 3. REQUIREMENTS RELATING TO THE AWARD OF COVERED MILITARY 
              CONSTRUCTION CONTRACTS.

    (a) Requirements for Covered Military Construction Contracts.--
            (1) In general.--Subchapter III of chapter 169 of title 10, 
        United States Code, is amended by inserting after section 2851a 
        the following new section:
``Sec. 2851b. Requirements relating to the award of covered military 
              construction contracts
    ``(a) Publication of Certain Information Relating to Covered 
Military Construction Contracts.--
            ``(1) Contractor requirements.--A contractor that has been 
        awarded a covered military construction contract shall--
                    ``(A) make publicly available on a website of the 
                General Services Administration or the Small Business 
                Administration, as applicable, any solicitation under 
                that covered military construction contract for a 
                subcontract of an estimated value of $250,000 or more; 
                and
                    ``(B) submit written notification of the award of 
                the covered military construction contract, and of any 
                subcontract awarded under the covered military 
                construction contract, to the relevant agency of a 
                covered State that enforces workers' compensation or 
                minimum wage laws in such covered State.
            ``(2) Notice.--Upon award of a covered military 
        construction contract with an estimated value greater than or 
        equal to $2,000,000, the Secretary concerned shall notify any 
        applicable Member of Congress representing the covered State in 
        which that covered military construction contract is to be 
        performed of such award in a timely manner.
            ``(3) Federal procurement data system.--The Secretary of 
        Defense shall ensure that there is a clear and unique 
        indication of any covered military construction contract with 
        subcontracting work of an estimated value of $250,000 or more 
        in the Federal Procurement Data System established pursuant to 
        section 1122(a)(4) of title 41 (or any successor system).
    ``(b) Local Hire Requirements.--
            ``(1) In general.--To the extent practicable, in awarding a 
        covered military construction contract, the Secretary concerned 
        shall give preference to those firms and individuals who 
        certify that at least 51 percent of the total number of 
        employees hired to perform the contract (including any 
        employees hired by a subcontractor at any tier) shall reside in 
        the same covered State as, or within a 60-mile radius of, the 
        location of the work to be performed pursuant to the contract.
            ``(2) Justification required.--The Secretary concerned 
        shall prepare a written justification, and make such 
        justification available on the Internet site required under 
        section 2851 of this title, for the award of any covered 
        military construction contract to a firm or individual that is 
        not described under paragraph (1).
    ``(c) Licensing.--A contractor and any subcontractors performing a 
covered military construction contract shall be licensed to perform the 
work under such contract in the covered State in which the work will be 
performed.
    ``(d) Monthly Report.--Not later than 10 days after the end of each 
month, the Secretary of Defense shall submit to the congressional 
defense committees a report identifying for that month the following:
            ``(1) Each covered military construction contract and each 
        subcontract of a covered military construction contract 
        described in subsection (a)(1)(A) awarded during that month.
            ``(2) The location of the work to be performed pursuant to 
        each covered military construction contract and subcontract 
        identified pursuant to paragraph (1).
            ``(3) The prime contractor and any subcontractor performing 
        each covered military construction contract and subcontract 
        identified pursuant to paragraph (1).
            ``(4) The estimated value of each covered military 
        construction contract and subcontract identified pursuant to 
        paragraph (1).
    ``(e) Exclusion of Classified Projects.--This section does not 
apply to a classified covered military construction project.
    ``(f) Definitions.--In this section:
            ``(1) Covered military construction contract.--The term 
        `covered military construction contract' means a contract for 
        work on a military construction project, military family 
        housing project, or Facilities Sustainment, Restoration, and 
        Modernization (FSRM) project carried out in a covered State.
            ``(2) Covered state.--The term `covered State' means any of 
        the several States, the District of Columbia, the Commonwealth 
        of Puerto Rico, Guam, American Samoa, the United States Virgin 
        Islands, or the Commonwealth of the Northern Mariana Islands.
            ``(3) Member of congress.--The term `Member of Congress' 
        has the meaning given in section 2106 of title 5.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter III of chapter 169 of title 10, United 
        States Code, is amended by inserting after the item relating to 
        section 2851a the following new item:

``2851b. Requirements relating to the award of covered military 
                            construction contracts.''.
    (b) Applicability.--Section 2851b of title 10, United States Code, 
as added by subsection (a), shall apply with respect to a covered 
military construction contract, as defined in such section, entered 
into on or after the date of the enactment of this Act.

SEC. 4. SMALL BUSINESS CREDIT FOR LOCAL BUSINESSES.

    Section 15 of the Small Business Act (15 U.S.C. 644) is amended by 
adding at the end the following new subsection--
    ``(y) Small Business Credit for Local Businesses.--
            ``(1) Credit for meeting subcontracting goals.--If a prime 
        contractor awards a subcontract (at any tier) to a small 
        business concern that has its principal office located in the 
        same State as, or within a 60-mile radius of, the location of 
        the work to be performed pursuant to the contract of the prime 
        contractor, the value of the subcontract shall be doubled for 
        purposes of determining compliance with the goals for 
        procurement contracts under subsection (g)(1)(A) during such 
        period.
            ``(2) Report.--Along with the report required under 
        subsection (h)(1), the head of each Federal agency shall submit 
        to the Administrator, and make publicly available on the 
        scorecard described in section 868(b) of the National Defense 
        Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 
        Stat. 933; 15 U.S.C. 644 note), an analysis of the number and 
        dollar amount of subcontracts awarded pursuant to paragraph (1) 
        for each fiscal year of the period described in such 
        paragraph.''.
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