[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.''.
<all>