[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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