118 HR 5596 IH: Put Our Neighbors to Work Act of 2023
U.S. House of Representatives
2023-09-20
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I
118th CONGRESS
1st Session
H. R. 5596
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.
1.

Short title
This Act may be cited as the “Put Our Neighbors to Work Act of 2023”.
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.”.
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).”.
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.”.
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:
“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.