[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5596 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5596

    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

                           September 20, 2023

 Mr. Kim of New Jersey (for himself, Mr. Norcross, Mr. Garamendi, and 
 Mr. Pfluger) 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 
2023''.

SEC. 2. SUPERVISION OF MILITARY CONSTRUCTION PROJECTS.

    Section 2851(c) of title 10, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or appropriated'' 
        after ``funds authorized'' each place such term appears; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``, deadline 
                for bid submissions,'' after ``solicitation date'';
                    (B) in subparagraph (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 4862 of this title; or
                    ``(iii) section 4863 of this title.''; and
            (3) in paragraph (3), by adding at the end the following 
        new sentence: ``Such information shall constitute a record for 
        the purposes of chapters 21, 29, 31, and 33 of title 44.''.

SEC. 3. INCREASING TRANSPARENCY IN CERTAIN MILITARY CONSTRUCTION 
              PROCESSES.

    Section 2851 of title 10, United States Code, is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Information and Notice Requirements Regarding Solicitation 
and Award of Subcontracts.--(1) The Secretary of Defense shall require 
a recipient of a contract for a project described in subsection (c)(1) 
to publish in the single Governmentwide point of entry described under 
section 1708 of title 41 any solicitation for a subcontract under such 
contract with an estimated value of $250,000 or more.
    ``(2)(A) Solicitations described under paragraph (1) shall--
            ``(i) clearly identify the prime contractor for such 
        solicitation; and
            ``(ii) be sortable by the congressional district, State, or 
        foreign country in which the prime contract or subcontract will 
        be performed.
    ``(B) In this paragraph, the term `State' means each of the several 
States, the District of Columbia, and each territory, commonwealth, or 
possession of the United States.
    ``(3) Each quarter, the Administrator of the General Services 
Administration shall make publicly available on the single 
Governmentwide point of entry a report containing a list of 
solicitations described under paragraph (1) that is sortable by the 
congressional district in which the prime contract or a subcontract 
under such a solicitation will be performed.
    ``(4) The Secretary of Treasury, in consultation with the Secretary 
of Defense, shall update the public website of Governmentwide spending 
data (commonly referred to as `USASpending.gov') each fiscal year 
quarter to identify projects described in subsection (c)(1) carried out 
using amounts appropriated during the five fiscal years preceding the 
date of such update. Each update shall include--
            ``(A) the prime contractor for each such project; and
            ``(B) any subcontracts awarded by such prime contractor for 
        each such project.
    ``(e) Exclusion for Classified Projects.--The requirements of 
subsection (d) shall not apply to a classified project described in 
subsection (c)(1).''.

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:
    ``(z) 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 such subcontract shall be doubled for 
        purposes of determining compliance with the goals for 
        procurement contracts under subsection (g)(1)(A) during each 
        fiscal year of performance of such subcontract.
            ``(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 subsection (y), an analysis of the 
        number and dollar amount of each subcontract awarded pursuant 
        to paragraph (1) for each fiscal year of performance of such 
        subcontract.''.

SEC. 5. 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) Local Hire Requirements.--
            ``(1) In general.--To the extent practicable, in awarding a 
        covered military construction contract, the Secretary concerned 
        shall give preference to an entity or individual that certifies 
        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) will 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 an entity or individual that 
        is not described under paragraph (1).
    ``(b) 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.
    ``(c) 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 awarded 
        during that month.
            ``(2) The location of the work to be performed pursuant to 
        each contract and subcontract identified pursuant to paragraph 
        (1).
            ``(3) The prime contractor and any subcontractor performing 
        each contract and subcontract identified pursuant to paragraph 
        (1).
            ``(4) The estimated value of each contract and subcontract 
        identified pursuant to paragraph (1).
    ``(d) Exclusion of Classified Projects.--This section does not 
apply to a classified covered military construction project.
    ``(e) 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 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.''.
    (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.
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