Put Our Neighbors to Work Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6764 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 MAY 8, 2020 Mr. KIM (for himself, Mr. COOK, Mr. GARAMENDI, and Mr. NORCROSS) intro- duced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Small Business, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend title 10, United States Code, to improve congres- sional oversight and public transparency of military con- struction contract awards, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Put Our Neighbors 4 to Work Act of 2020’’. 5 VerDate Sep 11 2014 20:11 May 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 2 •HR 6764 IH SEC. 2. SUPERVISION OF MILITARY CONSTRUCTION 1 PROJECTS. 2 Section 2851 of title 10, United States Code, is 3 amended— 4 (1) in subsection (c)(1)— 5 (A) by inserting ‘‘or appropriated’’ after 6 ‘‘funds authorized’’ each place such term ap- 7 pears; and 8 (B) in subparagraph (E), by inserting ‘‘, 9 Facilities Sustainment, Restoration, and Mod- 10 ernization (FSRM) project,’’ after ‘‘military 11 construction project’’; and 12 (2) in subsection (c)(2)— 13 (A) by inserting ‘‘, deadline for bid submis- 14 sions,’’ after ‘‘solicitation date’’; 15 (B) by inserting ‘‘(including the address of 16 such recipient)’’ after ‘‘contract recipient’’; and 17 (C) by adding at the end the following new 18 subparagraphs: 19 ‘‘(H) Any subcontracting plan required under 20 paragraph (4) or (5) of section 8(d) of the Small 21 Business Act (15 U.S.C. 637(d)) for the project sub- 22 mitted by the contract recipient to the Secretary of 23 Defense. 24 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 3 •HR 6764 IH ‘‘(I) A detailed written statement describing 1 and justifying any exception applied or waiver grant- 2 ed under— 3 ‘‘(i) chapter 83 of title 41; 4 ‘‘(ii) section 2533a of this title; or 5 ‘‘(iii) section 2533b of this title.’’; and 6 (3) by adding at the end the following new 7 paragraph: 8 ‘‘(4) The information required to be published on the 9 Internet website under subsection (c) shall constitute a 10 record for the purposes of Chapter 21, 29, 31, and 33 11 of title 44.’’. 12 SEC. 3. REQUIREMENTS RELATING TO THE AWARD OF COV- 13 ERED MILITARY CONSTRUCTION CON- 14 TRACTS. 15 (a) REQUIREMENTS FOR COVERED MILITARY CON- 16 STRUCTION CONTRACTS.— 17 (1) IN GENERAL.—Subchapter III of chapter 18 169 of title 10, United States Code, is amended by 19 inserting after section 2851 the following new sec- 20 tion: 21 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 4 •HR 6764 IH ‘‘§ 2851a. Requirements relating to the award of cov- 1 ered military construction contracts 2 ‘‘(a) PUBLICATION OF CERTAIN INFORMATION RE- 3 LATING TO COVERED MILITARY CONSTRUCTION CON- 4 TRACTS.— 5 ‘‘(1) CONTRACTOR REQUIREMENTS.—A con- 6 tractor that has been awarded a covered military 7 construction contract shall— 8 ‘‘(A) make publicly available on a website 9 of the General Services Administration or the 10 Small Business Administration, as applicable, 11 any solicitation under that covered military con- 12 struction contract for a subcontract of an esti- 13 mated value of $250,000 or more; and 14 ‘‘(B) submit written notification of the 15 award of the covered military construction con- 16 tract, and of any subcontract awarded under 17 the covered military construction contract, to 18 the relevant agency of a covered State that en- 19 forces workers’ compensation or minimum wage 20 laws in such covered State. 21 ‘‘(2) NOTICE.—Upon award of a covered mili- 22 tary construction contract with an estimated value 23 greater than or equal to $2,000,000, the Secretary 24 concerned shall notify any applicable Member of 25 Congress representing the covered State in which 26 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 5 •HR 6764 IH that covered military construction contract is to be 1 performed of such award in a timely manner. 2 ‘‘(3) FEDERAL PROCUREMENT DATA SYSTEM.— 3 The Secretary of Defense shall ensure that there is 4 a clear and unique indication of any covered military 5 construction contract with subcontracting work of an 6 estimated value of $250,000 or more in the Federal 7 Procurement Data System established pursuant to 8 section 1122(a)(4) of title 41 (or any successor sys- 9 tem). 10 ‘‘(b) LOCAL HIRE REQUIREMENTS.— 11 ‘‘(1) IN GENERAL.—To the extent practicable, 12 in awarding a covered military construction contract, 13 the Secretary concerned shall give preference to 14 those firms and individuals who certify that at least 15 51 percent of the total number of employees hired 16 to perform the contract (including any employees 17 hired by a subcontractor at any tier) shall reside in 18 the same State as, or within a 60-mile radius of, the 19 location of the work to be performed pursuant to the 20 contract. 21 ‘‘(2) JUSTIFICATION REQUIRED.—The Sec- 22 retary concerned shall prepare a written justifica- 23 tion, and make such justification available on the 24 Internet site required under section 2851 of this 25 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 6 •HR 6764 IH title, for the award of any covered military construc- 1 tion contract to a firm or individual that is not de- 2 scribed under paragraph (1). 3 ‘‘(c) LICENSING.—A contractor and any subcontrac- 4 tors performing a covered military construction contract 5 shall be licensed to perform the work under such contract 6 in the State in which the work will be performed. 7 ‘‘(d) MONTHLY REPORT.—Not later than 10 days 8 after the end of each month, the Secretary of Defense 9 shall submit to the congressional defense committees a re- 10 port identifying for that month the following: 11 ‘‘(1) Each covered military construction con- 12 tract and each subcontract of a covered military con- 13 struction contract described in subsection (a)(1)(A) 14 awarded during that month. 15 ‘‘(2) The location of the work to be performed 16 pursuant to each covered military construction con- 17 tract and subcontract identified pursuant to para- 18 graph (1). 19 ‘‘(3) The prime contractor and any subcon- 20 tractor performing each covered military construc- 21 tion contract and subcontract identified pursuant to 22 paragraph (1). 23 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 7 •HR 6764 IH ‘‘(4) The estimated value of each covered mili- 1 tary construction contract and subcontract identified 2 pursuant to paragraph (1). 3 ‘‘(e) EXCLUSION OF CLASSIFIED PROJECTS.—This 4 section does not apply to a classified covered military con- 5 struction project. 6 ‘‘(f) DEFINITIONS.—In this section: 7 ‘‘(1) COVERED MILITARY CONSTRUCTION CON- 8 TRACT.—The term ‘covered military construction 9 contract’ means a contract for work on a military 10 construction project, military family housing project, 11 or Facilities Sustainment, Restoration, and Mod- 12 ernization (FSRM) project carried out in a covered 13 State. 14 ‘‘(2) COVERED STATE.—The term ‘covered 15 State’ means any of the several States, the District 16 of Columbia, the Commonwealth of Puerto Rico, 17 Guam, American Samoa, the United States Virgin 18 Islands, or the Commonwealth of the Northern Mar- 19 iana Islands. 20 ‘‘(3) MEMBER OF CONGRESS.—The term ‘Mem- 21 ber of Congress’ has the meaning given in section 22 2106 of title 5.’’. 23 (2) CLERICAL AMENDMENT.—The table of sec- 24 tions at the beginning of subchapter III of chapter 25 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 8 •HR 6764 IH 169 of title 10, United States Code, is amended by 1 inserting after the item relating to section 2851 the 2 following new item: 3 ‘‘2851a. Requirements relating to the award of covered military construction contracts.’’. (b) APPLICABILITY.—Section 2851a of title 10, 4 United States Code, as added by subsection (a), shall 5 apply with respect to a covered military construction con- 6 tract, as defined in such section, entered into on or after 7 the date of the enactment of this Act. 8 SEC. 4. SMALL BUSINESS CREDIT FOR LOCAL BUSINESSES. 9 Section 15 of the Small Business Act (15 U.S.C. 644) 10 is amended by adding at the end the following new sub- 11 section— 12 ‘‘(y) SMALL BUSINESS CREDIT FOR LOCAL BUSI- 13 NESSES.— 14 ‘‘(1) CREDIT FOR MEETING SUBCONTRACTING 15 GOALS.—If a prime contractor awards a subcontract 16 (at any tier) to a small business concern that has its 17 principal office located in the same State as, or with- 18 in a 60-mile radius of, the location of the work to 19 be performed pursuant to the contract of the prime 20 contractor, the value of the subcontract shall be dou- 21 bled for purposes of determining compliance with the 22 goals for procurement contracts under subsection 23 (g)(1)(A) during such period. 24 VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS 9 •HR 6764 IH ‘‘(2) REPORT.—Along with the report required 1 under subsection (h)(1), the head of each Federal 2 agency shall submit to the Administrator, and make 3 publicly available on the scorecard described in sec- 4 tion 868(b) of the National Defense Authorization 5 Act for Fiscal Year 2016 (Public Law 114–92; 129 6 Stat. 933; 15 U.S.C. 644 note), an analysis of the 7 number and dollar amount of subcontracts awarded 8 pursuant to paragraph (1) for each fiscal year of the 9 period described in such paragraph.’’. 10 Æ VerDate Sep 11 2014 23:21 May 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H6764.IH H6764 lotter on DSK9F5VC42PROD with BILLS