Jobs Through Procurement Act - Amends the Buy American Act to make provisions requiring that only unmanufactured materials produced in, or articles manufactured in, the United States be procured for public use applicable to contracts and subcontracts for the procurement of commercial items.
Requires each Department of Defense (DOD) contract for the procurement of services and each DOD subcontract that has a value exceeding $100,000 to contain a clause ensuring the contractor's or subcontractor's compliance with provisions, popularly known as the Berry Amendment, that prohibit the use of DOD funds to procure food, clothing, and certain other materials not produced in the United States.
Requires that the Federal Acquisition Regulation be revised to require each federal contract for the procurement of services and each federal subcontract that has a value exceeding $100,000 to contain a clause ensuring the contractor's or subcontractor's compliance with the Buy American Act.
Directs the Secretary of Defense to ensure that members of the acquisition workforce and contractors receive training on compliance with the Berry Amendment and the Buy American Act. Requires any offeror or contractor that is required to comply with such Amendment or Act to certify compliance and submit specified information regarding the manufacturer or producer to the contracting officer.
Amends the Federal Property and Administrative Services Act of 1949 to require agency heads to ensure that: (1) each bid or proposal submitted for a covered contract (a contract for a total amount in excess of the micro-purchase threshold of $2,500) includes a list of each subcontractor and production facility to be used in the performance of the contract, a certification that each such facility complies with specified core labor standards or that the contractor has disclosed noncompliance with such standards and submitted a corrective plan, and, if the product is to be manufactured or produced by a third party, a certification that the bidder will purchase the product under terms that support manufacturing or production that is consistent with such standards; and (2) each covered contract complies with such requirements. Requires an agency head to: (1) refer any allegation of a violation of such requirements to the agency's Inspector General and, in cases involving practices that are not consistent with core labor standards, to the Attorney General and Secretary of Labor; and (2) impose remedies for violations, including contract termination, suspension of performance, debarment, or inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. Establishes a Procurement Advisory Board to oversee implementation and enforcement of this section.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6262 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6262
To stimulate job creation by directing Federal procurement to domestic
sources, to ensure the enforcement of domestic sourcing requirements,
to prohibit the procurement of sweatshop goods by the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2010
Mr. Hare (for himself, Mr. Michaud, Mr. Hastings of Florida, Ms. Moore
of Wisconsin, Ms. Kaptur, Mr. Grijalva, and Mr. Filner) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform, and in addition to the Committee on Armed Services,
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 stimulate job creation by directing Federal procurement to domestic
sources, to ensure the enforcement of domestic sourcing requirements,
to prohibit the procurement of sweatshop goods by the United States,
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 ``Jobs Through Procurement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States Government procurement from domestic
manufacturers is vital to economic recovery, and subcontractors
should be bound by the same domestic sourcing requirements as
prime contractors.
(2) The Berry Amendment and the Buy American Act are not
implemented as intended by Congress when contractors procure
significant amounts of goods from subcontractors that obtain
such goods from nondomestic sources.
(3) The United States Government should not procure goods
manufactured or produced in facilities that do not comply with
core labor standards, as defined under the laws of the United
States and the Declaration on Fundamental Principles and Rights
at Work of the International Labour Organization.
(4) Workplaces that violate core labor standards are
commonly referred to as sweatshops, and workers have a right to
be free of sweatshop working conditions.
(5) Subjecting workers to sweatshop conditions is morally
offensive to United States citizens as taxpayers and investors,
and is degrading to workers.
(6) Prohibiting the procurement of sweatshop goods,
regardless of the source of the goods, is consistent with the
international obligations of the United States because the
prohibition applies equally to domestic and foreign products
and avoids any discrimination among foreign sources of
competing products.
SEC. 3. STRENGTHENING ENFORCEMENT OF DOMESTIC SOURCING REQUIREMENTS.
(a) Buy American Act Amendment.--Section 2 of the Buy American Act
(41 U.S.C. 10a) is amended by adding at the end the following new
subsection:
``(c) Applicability to Contracts and Subcontracts for Procurement
of Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).''.
(b) Contract Clause Required for Prime Contracts.--
(1) Berry amendment compliance clause in defense
contracts.--The Secretary of Defense shall prescribe
regulations to require that each contract of the Department of
Defense for the procurement of services shall contain a clause
ensuring compliance in the procurement of goods by the
contractor with section 2533a of title 10, United States Code
(popularly known as the ``Berry Amendment''), regardless of
whether any goods to be furnished under the contract are
specified at the time of the contract.
(2) Buy american act compliance clause in all federal
contracts.--The Federal Acquisition Regulation shall be revised
to require that each contract of the Federal Government for the
procurement of services shall contain a clause ensuring
compliance in the procurement of goods by the contractor with
the Buy American Act (41 U.S.C. 10a et seq.), regardless of
whether any goods to be furnished are specified at the time of
the contract.
(c) Contract Clause Required for Subcontractors.--
(1) Berry amendment compliance.--The Secretary of Defense
shall prescribe regulations to require that each contract of
the Department of Defense shall contain a clause that requires
the contractor to include a clause in any subcontract (at any
tier) that has a value in excess of $100,000 under the contract
ensuring compliance in the procurement of goods by the
subcontractor with section 2533a of title 10, United States
Code (popularly known as the ``Berry Amendment'').
(2) Buy american act compliance.--The Federal Acquisition
Regulation shall be revised to require that each contract of
the Federal Government shall contain a clause that requires the
contractor to include a clause in any subcontract (at any tier)
that has a value in excess of $100,000 under the contract
ensuring compliance in the procurement of goods with the Buy
American Act (41 U.S.C. 10a et seq.).
(d) Berry Amendment and Buy American Act Training.--
(1) Acquisition workforce.--The Secretary of Defense shall
ensure that each member of the acquisition workforce who
participates in contracts for services under which a
subcontract for the procurement of manufactured or produced
goods may be awarded receives training on compliance with
section 2533a of title 10, United States Code (popularly known
as the ``Berry Amendment''), and the Buy American Act (41
U.S.C. 10a et seq.).
(2) Contractor providing services.--The Secretary of
Defense shall ensure that any contractor that has been awarded
a contract by the Department of Defense to provide services and
under which a subcontract for the procurement of manufactured
or produced goods may be awarded receives training on
compliance with section 2533a of title 10, United States Code
(popularly known as the ``Berry Amendment''), and the Buy
American Act (41 U.S.C. 10a et seq.).
(e) Certification Required for Domestic Source.--Any offeror or
contractor that is required to comply with section 2533a of title 10,
United States Code (popularly known as the ``Berry Amendment''), or the
Buy American Act (41 U.S.C. 10a et seq.) shall certify compliance with
such section or such Act and submit to the contracting officer the name
of the manufacturer or producer and the address of the manufacturing or
production location of all materials, or domestic end products in the
case of commercially available off-the-shelf items, including the name
of the manufacturer or producer and the address of the manufacturer or
production location.
SEC. 4. GOVERNMENT PROCUREMENT OF SWEATSHOP GOODS PROHIBITED.
(a) Amendment to Federal Property and Administrative Services Act
of 1949.--Title III of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 318. PROHIBITION ON PROCUREMENT OF SWEATSHOP GOODS AND RELATED
REQUIREMENTS.
``(a) Definitions.--In this section:
``(1) Core labor standards.--
``(A) In general.--The term `core labor standards'
means, with respect to employees--
``(i) the right of association;
``(ii) the right to organize and bargain
collectively;
``(iii) a prohibition on the use of any
form of forced or compulsory labor;
``(iv) a prohibition on discrimination
which has the effect of nullifying or impairing
equality of opportunity or treatment in
employment or occupation;
``(v) a prohibition of the worst forms of
child labor, including all forms of slavery or
practices similar to slavery, such as the sale
and trafficking of children, debt bondage,
serfdom, and forced or compulsory labor, and
work which, by its nature and circumstances in
which it is carried out, is likely to harm the
health, safety, or morals of children;
``(vi) a minimum age for the employment of
children that is not less than the age of
completion of compulsory schooling and not less
than 15 years; and
``(vii) acceptable conditions of work with
respect to wages, hours of work, and
occupational safety and health.
``(B) Additional definitions.--For purposes of
subparagraph (A):
``(i) Acceptable conditions.--The term
`acceptable conditions' shall be determined by
the laws, regulations, or competent authority
of the country in which the labor is performed,
except that wages paid shall be no less than
the amount sufficient to maintain a standard of
living necessary for health, and the general
well-being of workers and their families, as
determined under clauses (ii) and (iii).
``(ii) United states wages.--For labor
performed in the United States, the wages paid
shall not be less than the minimum wage
required under section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206), or other
applicable statute.
``(iii) Wages for other nations.--For labor
performed in a country other than the United
States, the wages paid shall be determined by
the Bureau of International Labor Affairs of
the United States Department of Labor.
``(2) Covered contract.--The term `covered contract' means
a contract for a total amount in excess of the micro-purchase
threshold, as that term is defined in section 32(f) of the
Office of Federal Procurement Policy Act (41 U.S.C. 428(f)).
``(3) Sweatfree purchasing consortium.--The term `Sweatfree
Purchasing Consortium' means an organization consisting of and
for Federal, State, and local government agencies with a
mission of ending public purchasing from sweatshops and helping
its members make purchases of goods that are not sweatshop
goods more effectively and less expensively than any single
agency could accomplish on its own.
``(4) Sweatshop good.--The term `sweatshop good' means all
goods, wares, articles, and merchandise manufactured or
produced wholly or in part in violation of core labor
standards, as defined in subsection (a).
``(b) Bid Specifications and Preaward Procedures.--The agency head
shall ensure that each bid or proposal submitted for a covered contract
includes the following:
``(1) A list of each subcontractor and production facility
to be used in the performance of the covered contract,
including company names, owners or officers, complete physical
addresses, and the primary business purpose.
``(2) A certification that each facility listed pursuant to
paragraph (1) complies with the core labor standards, or that
the contractor has complied with the requirements of subsection
(c)(4).
``(3) If the product is to be manufactured or produced by a
third party, a certification that the bidder will purchase the
product under terms, including prices and delivery dates, that
support and enable the manufacturing or production of the
product in a manner that is consistent with core labor
standards.
``(c) Contractual Requirement.--The agency head shall ensure that
each covered contract entered into by the agency for the procurement of
goods includes a clause that requires the contractor--
``(1) to comply with the requirements of this section;
``(2) to update the list of subcontractors and production
facilities to be used in the performance of the covered
contract as needed and to furnish a copy of this section to
each subcontractor and require each production facility to
affirm that it will comply with core labor standards;
``(3) to ensure that workers who will manufacture or
produce the goods to be provided under the covered contract are
informed of the requirements of this section;
``(4) not later than 30 days after having actual or
constructive knowledge of any instance of noncompliance with
core labor standards in a facility manufacturing or producing
goods to be provided under the covered contract, to--
``(A) disclose the noncompliance to the relevant
agency; and
``(B) submit to the relevant agency a written
corrective action plan, that will become part of the
covered contract;
``(5) not later than 120 days after the submission of the
corrective action plan under paragraph (4)(B), or before
receipt of half the total remaining value of the covered
contract, whichever occurs first, to implement the corrective
action plan; and
``(6) to cooperate fully in providing reasonable access to
the contractor's records, persons, or premises if requested by
the contracting agency, the Department of Labor, or the
Department of Justice for the purpose of determining whether
any good provided under the covered contract is a sweatshop
good.
``(d) Request for Payment.--Each request for payment by a
contractor under a covered contract shall be considered to be a
recertification by the contractor as described in subsections (b)(2)
and (b)(3).
``(e) Investigations.--
``(1) In general.--Not later than 14 days after the receipt
of an allegation of a violation of this section, the agency
head shall refer the matter for investigation to the Inspector
General of the agency and, as the agency head or the Inspector
General determines appropriate, to the Attorney General and the
Secretary of Labor if any of the following apply:
``(A) A contracting officer has independent
knowledge that a contractor or a subcontractor has
labor policies or practices that are not consistent
with core labor standards.
``(B) An individual files a written complaint
directly with the contracting agency that the
contractor or subcontractor, to the best of the
individual's knowledge, has labor policies or practices
that are not consistent with core labor standards.
``(C) A contracting officer or the agency head
receives any other information providing a reasonable
basis for believing that a contractor or subcontractor
has labor policies or practices that are not consistent
with core labor standards.
``(2) Notification.--The agency head shall notify the
relevant contractor of the allegations and the investigation,
including any preliminary findings or recommendations, not
later than 90 days after the referral of the matter for
investigation under paragraph (1).
``(3) Agency cooperation.--The agency may cooperate with
Federal, State, and local government agencies participating in
a Sweatfree Purchasing Consortium (in this section, referred to
as `Consortium') by notifying the Consortium not later than 14
days after receiving any referral of a matter for investigation
under paragraph (1), and may share the findings of any
investigation and remedies imposed with the Consortium.
``(4) Investigation by the consortium.--If the contractor
is a provider of goods to any agency participating in the
Consortium, the agency head of the referring agency or its
Inspector General, may, notwithstanding any other provision of
law, enter into an agreement with the Consortium to conduct the
investigation.
``(f) Remedies.--
``(1) In general.--The agency head may impose remedies as
provided in this subsection if the agency head finds that the
contractor has done any of the following:
``(A) Submitted a false certification under this
section.
``(B) Failed to cooperate with an investigation
under this section.
``(C) Failed to implement a corrective action plan
submitted under subsection (c)(4)(B).
``(2) Termination of contract.--The agency head may
terminate a covered contract on the basis of a finding of a
violation under paragraph (1).
``(3) Suspension of performance.--The agency head, on the
basis of a finding that the contractor has committed a
violation under paragraph (1), may refuse to take delivery of,
or pay for, sweatshop goods.
``(4) Debarment and suspension.--The agency head may
suspend a contractor, for a period of not more than 3 years,
from eligibility for Federal contracts on the basis of a
finding that the contractor has committed a violation under
paragraph (1).
``(5) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs.--The Administrator of
General Services shall include on the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs maintained
by the Administrator under part 9 of the Federal Acquisition
Regulation each contractor that is debarred, suspended,
proposed for debarment or suspension, or declared ineligible by
the agency head on the basis that the contractor has committed
a violation under paragraph (1).
``(6) Remedies not exclusive.--This section shall not be
construed to limit other remedies which may be available under
United States law.
``(g) Advisory Board.--
``(1) Establishment.--There is established a board to be
known as the Procurement Advisory Board (in this section,
referred to as the `Board') to oversee and consider issues
relating to the implementation and enforcement of this section
and to make recommendations relating to such implementation and
enforcement.
``(2) Collaboration with the consortium.--The Board may
collaborate with the Consortium in carrying out the Board's
activities under paragraph (1).
``(3) Membership.--The Board shall be composed of 7 members
appointed by the President as follows:
``(A) Three members from the Department of Defense.
``(B) One member from the Department of Labor.
``(C) Three members who are members of a labor
organization as defined in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)) or a Joint Labor
Management Cooperative Committee established pursuant
to section 205A of the Labor Management Relations Act,
1947 (29 U.S.C. 175a).
``(h) Phase-In.--
``(1) Year one.--During the first full fiscal year after
the effective date of this section, this section shall be
enforced only with respect to purchases and contracts for
apparel, garments, and corresponding accessories, materials,
supplies, or equipment.
``(2) Year two.--During the second full fiscal year after
the effective date of this section, each agency head, in
consultation with the Board established under subsection (g),
shall select procurement categories (other than apparel,
garments, and corresponding accessories, materials, supplies,
or equipment) based on the feasibility of implementation and
may set phase-in goals and timetables of up to one year for
such categories in order to achieve compliance with the
requirements of this section.''.
(b) Effective Date.--The amendment made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to preempt any law of a State or political subdivision of a
State that establishes higher wages or labor standards for the mining,
production, or manufacture of any good, ware, article, or merchandise
purchased by the State or political subdivision of a State than those
provided for in this Act.
<all>
Introduced in House
Introduced in House
Referred to House Oversight and Government Reform
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, 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.
Referred to House Armed Services
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