[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5278 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5278

 To amend title 10, United States Code, to expand the use of qualified 
           apprentices by military construction contractors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2021

  Mr. Neguse introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to expand the use of qualified 
           apprentices by military construction contractors.

    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 ``Diversity in Apprenticeships Act''.

SEC. 2. USE OF QUALIFIED APPRENTICES BY MILITARY CONSTRUCTION 
              CONTRACTORS.

    (a) Establishment of Apprenticeship Use Certification 
Requirement.--Subchapter III of chapter 169 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2870. Use of qualified apprentices by military construction 
              contractors
    ``(a) Certification Required.--The Secretary of Defense shall 
require each offeror for a contract for a military construction project 
to certify to the Secretary that, if awarded such a contract, the 
offeror will--
            ``(1) establish a goal that not less than 20 percent of the 
        total workforce employed in the performance of such a contract 
        are qualified apprentices; and
            ``(2) ensure that each contractor and subcontractor that 
        employs four or more workers in a particular classification to 
        perform construction activities on such a contract shall employ 
        one or more qualified apprentices in the same classification 
        for the purpose of meeting the goal established pursuant to 
        paragraph (1).
    ``(b) Incentives.--
            ``(1) Incentives related to goals.--The Secretary of 
        Defense shall develop incentives for offerors for a contract 
        for military construction projects to meet or exceed the goals 
        described in subsection (a).
            ``(2) Incentives related to contractors.--To promote the 
        use of qualified apprentices by military construction 
        contractors, Congress encourages the Department of Defense to 
        contract with women-owned, minority-owned, and small 
        disadvantaged businesses.
    ``(c) Consideration of Use of Qualified Apprentices.--
            ``(1) Revision required.--Not later than one year after the 
        date of the enactment of this section, the Secretary of Defense 
        shall revise the Department of Defense Supplement to the 
        Federal Acquisition Regulation to require that the system used 
        by the Federal Government to monitor or record contractor past 
        performance includes an analysis of whether the contractor has 
        made a good faith effort to meet or exceed the goal described 
        in subsection (a), including consideration of the actual number 
        of qualified apprentices used by the contractor on a contract 
        for a military construction project, as part of the past 
        performance rating of such contractor.
            ``(2) Implementation.--Upon revision of the Department of 
        Defense Supplement to the Federal Acquisition Regulation, 
        contractors working on a military construction project shall 
        submit to the Department of Defense such reports or information 
        as required by the Secretary, which may include total labor 
        hours to be performed on a contract for a military construction 
        project, the number of qualified apprentices to be employed on 
        a contract for a military construction project, and demographic 
        information on nontraditional apprentice populations.
    ``(d) Qualified Apprentice Defined.--In this section, the term 
`qualified apprentice' means an employee participating in an 
apprenticeship program registered with the Office of Apprenticeship of 
the Employment Training Administration of the Department of Labor or a 
State apprenticeship agency recognized by the Office of Apprenticeship 
pursuant to the Act of August 16, 1937 (popularly known as the National 
Apprenticeship Act; 29 U.S.C. 50 et seq.).
    ``(e) Apprentice-to-Journeyworker Ratio.--Nothing in this section 
shall relieve a contractor or subcontractor on a military construction 
project of the obligation of the contractor or subcontractor to comply 
with all applicable requirements for apprentice-to-journeyworker ratios 
established by the Department of Labor or the State Apprenticeship 
Agency, whichever applies in the State in which the military 
construction project is carried out.
    ``(f) Applicability.--Subsection (a) shall apply with respect to 
each military construction project whose first advertisement for bid 
occurs on or after the end of the one-year period beginning on the date 
of the enactment of this section.''.
    (b) Reports to Congress.--Not later than three months after the 
date of the enactment of this Act, nine months after the date of the 
enactment of this Act, and upon revision of the Department of Defense 
Supplement to the Federal Acquisition Regulation required by subsection 
(c) of section 2870 of title 10, United States Code, as added by 
subsection (a), the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives a 
report providing a status update on the implementation of the 
requirements of such section. Each status update shall identify major 
milestones in such implementation, challenges to such implementation, 
and such other information as the Secretary considers appropriate.
                                 <all>