I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jobs Through Procure5 ment Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) United States Government procurement 

4 from domestic manufacturers is vital to economic re5 covery, and subcontractors should be bound by the 

6 same domestic sourcing requirements as prime con7 tractors. 

8 (2) The Berry Amendment and the Buy Amer9 ican Act are not implemented as intended by Con10 gress when contractors procure significant amounts 

11 of goods from subcontractors that obtain such goods 

12 from nondomestic sources. 

13 (3) The United States Government should not 

14 procure goods manufactured or produced in facilities 

15 that do not comply with core labor standards, as de16 fined under the laws of the United States and the 

17 Declaration on Fundamental Principles and Rights 

18 at Work of the International Labour Organization. 

19 (4) Workplaces that violate core labor stand20 ards are commonly referred to as sweatshops, and 

21 workers have a right to be free of sweatshop working 

22 conditions. 

23 (5) Subjecting workers to sweatshop conditions 

24 is morally offensive to United States citizens as tax25 payers and investors, and is degrading to workers. 


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1 (6) Prohibiting the procurement of sweatshop 

2 goods, regardless of the source of the goods, is con3 sistent with the international obligations of the 

4 United States because the prohibition applies equally 

5 to domestic and foreign products and avoids any dis6 crimination among foreign sources of competing 

7 products. 

8 SEC. 3. STRENGTHENING ENFORCEMENT OF DOMESTIC 

9 SOURCING REQUIREMENTS. 

10 (a) BUY AMERICAN ACT AMENDMENT.—Section 2 of 

11 the Buy American Act (41 U.S.C. 10a) is amended by 

12 adding at the end the following new subsection: 

13 ‘‘(c) APPLICABILITY TO CONTRACTS AND SUB14 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

15 ITEMS.—This section is applicable to contracts and sub16 contracts for the procurement of commercial items not17 withstanding section 34 of the Office of Federal Procure18 ment Policy Act (41 U.S.C. 430).’’. 

19 (b) CONTRACT CLAUSE REQUIRED FOR PRIME CON20 TRACTS.— 

21 (1) BERRY AMENDMENT COMPLIANCE CLAUSE

22 IN DEFENSE CONTRACTS.—The Secretary of De23 fense shall prescribe regulations to require that each 

24 contract of the Department of Defense for the pro25 curement of services shall contain a clause ensuring 


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1 compliance in the procurement of goods by the con2 tractor with section 2533a of title 10, United States 

3 Code (popularly known as the ‘‘Berry Amendment’’), 

4 regardless of whether any goods to be furnished 

5 under the contract are specified at the time of the 

6 contract. 

7 (2) BUY AMERICAN ACT COMPLIANCE CLAUSE

8 IN ALL FEDERAL CONTRACTS.—The Federal Acqui9 sition Regulation shall be revised to require that 

10 each contract of the Federal Government for the 

11 procurement of services shall contain a clause ensur12 ing compliance in the procurement of goods by the 

13 contractor with the Buy American Act (41 U.S.C. 

14 10a et seq.), regardless of whether any goods to be 

15 furnished are specified at the time of the contract. 

16 (c) CONTRACT CLAUSE REQUIRED FOR SUB17 CONTRACTORS.— 

18 (1) BERRY AMENDMENT COMPLIANCE.—The 

19 Secretary of Defense shall prescribe regulations to 

20 require that each contract of the Department of De21 fense shall contain a clause that requires the con22 tractor to include a clause in any subcontract (at 

23 any tier) that has a value in excess of $100,000 

24 under the contract ensuring compliance in the pro25 curement of goods by the subcontractor with section 


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1 2533a of title 10, United States Code (popularly 

2 known as the ‘‘Berry Amendment’’). 

3 (2) BUY AMERICAN ACT COMPLIANCE.—The 

4 Federal Acquisition Regulation shall be revised to 

5 require that each contract of the Federal Govern6 ment shall contain a clause that requires the con7 tractor to include a clause in any subcontract (at 

8 any tier) that has a value in excess of $100,000 

9 under the contract ensuring compliance in the pro10 curement of goods with the Buy American Act (41 

11 U.S.C. 10a et seq.). 

12 (d) BERRY AMENDMENT AND BUY AMERICAN ACT

13 TRAINING.— 

14 (1) ACQUISITION WORKFORCE.—The Secretary 

15 of Defense shall ensure that each member of the ac16 quisition workforce who participates in contracts for 

17 services under which a subcontract for the procure18 ment of manufactured or produced goods may be 

19 awarded receives training on compliance with section 

20 2533a of title 10, United States Code (popularly 

21 known as the ‘‘Berry Amendment’’), and the Buy 

22 American Act (41 U.S.C. 10a et seq.). 

23 (2) CONTRACTOR PROVIDING SERVICES.—The 

24 Secretary of Defense shall ensure that any con25 tractor that has been awarded a contract by the DeVerDate Mar 15 2010 01:40 Oct 08, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6262.IH H6262

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1 partment of Defense to provide services and under 

2 which a subcontract for the procurement of manu3 factured or produced goods may be awarded receives 

4 training on compliance with section 2533a of title 

5 10, United States Code (popularly known as the 

6 ‘‘Berry Amendment’’), and the Buy American Act 

7 (41 U.S.C. 10a et seq.). 

8 (e) CERTIFICATION REQUIRED FOR DOMESTIC

9 SOURCE.—Any offeror or contractor that is required to 

10 comply with section 2533a of title 10, United States Code 

11 (popularly known as the ‘‘Berry Amendment’’), or the Buy 

12 American Act (41 U.S.C. 10a et seq.) shall certify compli13 ance with such section or such Act and submit to the con14 tracting officer the name of the manufacturer or producer 

15 and the address of the manufacturing or production loca16 tion of all materials, or domestic end products in the case 

17 of commercially available off-the-shelf items, including the 

18 name of the manufacturer or producer and the address 

19 of the manufacturer or production location. 

20 SEC. 4. GOVERNMENT PROCUREMENT OF SWEATSHOP 

21 GOODS PROHIBITED. 

22 (a) AMENDMENT TO FEDERAL PROPERTY AND AD23 MINISTRATIVE SERVICES ACT OF 1949.—Title III of the 

24 Federal Property and Administrative Services Act of 1949 


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1 (41 U.S.C. 251 et seq.) is amended by adding at the end 

2 the following new section: 

3 ‘‘SEC. 318. PROHIBITION ON PROCUREMENT OF SWEAT4 SHOP GOODS AND RELATED REQUIREMENTS. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) CORE LABOR STANDARDS.— 

7 ‘‘(A) IN GENERAL.—The term ‘core labor 

8 standards’ means, with respect to employees— 

9 ‘‘(i) the right of association; 

10 ‘‘(ii) the right to organize and bargain 

11 collectively; 

12 ‘‘(iii) a prohibition on the use of any 

13 form of forced or compulsory labor; 

14 ‘‘(iv) a prohibition on discrimination 

15 which has the effect of nullifying or im16 pairing equality of opportunity or treat17 ment in employment or occupation; 

18 ‘‘(v) a prohibition of the worst forms 

19 of child labor, including all forms of slav20 ery or practices similar to slavery, such as 

21 the sale and trafficking of children, debt 

22 bondage, serfdom, and forced or compul23 sory labor, and work which, by its nature 

24 and circumstances in which it is carried 


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1 out, is likely to harm the health, safety, or 

2 morals of children; 

3 ‘‘(vi) a minimum age for the employ4 ment of children that is not less than the 

5 age of completion of compulsory schooling 

6 and not less than 15 years; and 

7 ‘‘(vii) acceptable conditions of work 

8 with respect to wages, hours of work, and 

9 occupational safety and health. 

10 ‘‘(B) ADDITIONAL DEFINITIONS.—For 

11 purposes of subparagraph (A): 

12 ‘‘(i) ACCEPTABLE CONDITIONS.—The 

13 term ‘acceptable conditions’ shall be deter14 mined by the laws, regulations, or com15 petent authority of the country in which 

16 the labor is performed, except that wages 

17 paid shall be no less than the amount suf18 ficient to maintain a standard of living 

19 necessary for health, and the general well20 being of workers and their families, as de21 termined under clauses (ii) and (iii). 

22 ‘‘(ii) UNITED STATES WAGES.—For 

23 labor performed in the United States, the 

24 wages paid shall not be less than the min25 imum wage required under section 6 of the 


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1 Fair Labor Standards Act of 1938 (29 

2 U.S.C. 206), or other applicable statute. 

3 ‘‘(iii) WAGES FOR OTHER NATIONS.— 

4 For labor performed in a country other 

5 than the United States, the wages paid 

6 shall be determined by the Bureau of 

7 International Labor Affairs of the United 

8 States Department of Labor. 

9 ‘‘(2) COVERED CONTRACT.—The term ‘covered 

10 contract’ means a contract for a total amount in ex11 cess of the micro-purchase threshold, as that term is 

12 defined in section 32(f) of the Office of Federal Pro13 curement Policy Act (41 U.S.C. 428(f)). 

14 ‘‘(3) SWEATFREE PURCHASING CONSORTIUM.— 

15 The term ‘Sweatfree Purchasing Consortium’ means 

16 an organization consisting of and for Federal, State, 

17 and local government agencies with a mission of 

18 ending public purchasing from sweatshops and help19 ing its members make purchases of goods that are 

20 not sweatshop goods more effectively and less expen21 sively than any single agency could accomplish on its 

22 own. 

23 ‘‘(4) SWEATSHOP GOOD.—The term ‘sweatshop 

24 good’ means all goods, wares, articles, and merchan25 dise manufactured or produced wholly or in part in 


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1 violation of core labor standards, as defined in sub2 section (a). 

3 ‘‘(b) BID SPECIFICATIONS AND PREAWARD PROCE4 DURES.—The agency head shall ensure that each bid or 

5 proposal submitted for a covered contract includes the fol6 lowing: 

7 ‘‘(1) A list of each subcontractor and produc8 tion facility to be used in the performance of the 

9 covered contract, including company names, owners 

10 or officers, complete physical addresses, and the pri11 mary business purpose. 

12 ‘‘(2) A certification that each facility listed pur13 suant to paragraph (1) complies with the core labor 

14 standards, or that the contractor has complied with 

15 the requirements of subsection (c)(4). 

16 ‘‘(3) If the product is to be manufactured or 

17 produced by a third party, a certification that the 

18 bidder will purchase the product under terms, in19 cluding prices and delivery dates, that support and 

20 enable the manufacturing or production of the prod21 uct in a manner that is consistent with core labor 

22 standards. 

23 ‘‘(c) CONTRACTUAL REQUIREMENT.—The agency 

24 head shall ensure that each covered contract entered into 


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1 by the agency for the procurement of goods includes a 

2 clause that requires the contractor— 

3 ‘‘(1) to comply with the requirements of this 

4 section; 

5 ‘‘(2) to update the list of subcontractors and 

6 production facilities to be used in the performance of 

7 the covered contract as needed and to furnish a copy 

8 of this section to each subcontractor and require 

9 each production facility to affirm that it will comply 

10 with core labor standards; 

11 ‘‘(3) to ensure that workers who will manufac12 ture or produce the goods to be provided under the 

13 covered contract are informed of the requirements of 

14 this section; 

15 ‘‘(4) not later than 30 days after having actual 

16 or constructive knowledge of any instance of non17 compliance with core labor standards in a facility 

18 manufacturing or producing goods to be provided 

19 under the covered contract, to— 

20 ‘‘(A) disclose the noncompliance to the rel21 evant agency; and 

22 ‘‘(B) submit to the relevant agency a writ23 ten corrective action plan, that will become part 

24 of the covered contract; 


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1 ‘‘(5) not later than 120 days after the submis2 sion of the corrective action plan under paragraph 

3 (4)(B), or before receipt of half the total remaining 

4 value of the covered contract, whichever occurs first, 

5 to implement the corrective action plan; and 

6 ‘‘(6) to cooperate fully in providing reasonable 

7 access to the contractor’s records, persons, or prem8 ises if requested by the contracting agency, the De9 partment of Labor, or the Department of Justice for 

10 the purpose of determining whether any good pro11 vided under the covered contract is a sweatshop 

12 good. 

13 ‘‘(d) REQUEST FOR PAYMENT.—Each request for 

14 payment by a contractor under a covered contract shall 

15 be considered to be a recertification by the contractor as 

16 described in subsections (b)(2) and (b)(3). 

17 ‘‘(e) INVESTIGATIONS.— 

18 ‘‘(1) IN GENERAL.—Not later than 14 days 

19 after the receipt of an allegation of a violation of 

20 this section, the agency head shall refer the matter 

21 for investigation to the Inspector General of the 

22 agency and, as the agency head or the Inspector 

23 General determines appropriate, to the Attorney 

24 General and the Secretary of Labor if any of the fol25 lowing apply: 


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1 ‘‘(A) A contracting officer has independent 

2 knowledge that a contractor or a subcontractor 

3 has labor policies or practices that are not con4 sistent with core labor standards. 

5 ‘‘(B) An individual files a written com6 plaint directly with the contracting agency that 

7 the contractor or subcontractor, to the best of 

8 the individual’s knowledge, has labor policies or 

9 practices that are not consistent with core labor 

10 standards. 

11 ‘‘(C) A contracting officer or the agency 

12 head receives any other information providing a 

13 reasonable basis for believing that a contractor 

14 or subcontractor has labor policies or practices 

15 that are not consistent with core labor stand16 ards. 

17 ‘‘(2) NOTIFICATION.—The agency head shall 

18 notify the relevant contractor of the allegations and 

19 the investigation, including any preliminary findings 

20 or recommendations, not later than 90 days after 

21 the referral of the matter for investigation under 

22 paragraph (1). 

23 ‘‘(3) AGENCY COOPERATION.—The agency may 

24 cooperate with Federal, State, and local government 

25 agencies participating in a Sweatfree Purchasing 


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1 Consortium (in this section, referred to as ‘Consor2 tium’) by notifying the Consortium not later than 14 

3 days after receiving any referral of a matter for in4 vestigation under paragraph (1), and may share the 

5 findings of any investigation and remedies imposed 

6 with the Consortium. 

7 ‘‘(4) INVESTIGATION BY THE CONSORTIUM.—If 

8 the contractor is a provider of goods to any agency 

9 participating in the Consortium, the agency head of 

10 the referring agency or its Inspector General, may, 

11 notwithstanding any other provision of law, enter 

12 into an agreement with the Consortium to conduct 

13 the investigation. 

14 ‘‘(f) REMEDIES.— 

15 ‘‘(1) IN GENERAL.—The agency head may im16 pose remedies as provided in this subsection if the 

17 agency head finds that the contractor has done any 

18 of the following: 

19 ‘‘(A) Submitted a false certification under 

20 this section. 

21 ‘‘(B) Failed to cooperate with an investiga22 tion under this section. 

23 ‘‘(C) Failed to implement a corrective ac24 tion plan submitted under subsection (c)(4)(B). 


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1 ‘‘(2) TERMINATION OF CONTRACT.—The agency 

2 head may terminate a covered contract on the basis 

3 of a finding of a violation under paragraph (1). 

4 ‘‘(3) SUSPENSION OF PERFORMANCE.—The 

5 agency head, on the basis of a finding that the con6 tractor has committed a violation under paragraph 

7 (1), may refuse to take delivery of, or pay for, 

8 sweatshop goods. 

9 ‘‘(4) DEBARMENT AND SUSPENSION.—The 

10 agency head may suspend a contractor, for a period 

11 of not more than 3 years, from eligibility for Federal 

12 contracts on the basis of a finding that the con13 tractor has committed a violation under paragraph 

14 (1). 

15 ‘‘(5) INCLUSION ON LIST OF PARTIES EX16 CLUDED FROM FEDERAL PROCUREMENT AND NON17 PROCUREMENT PROGRAMS.—The Administrator of 

18 General Services shall include on the List of Parties 

19 Excluded from Federal Procurement and Non20 procurement Programs maintained by the Adminis21 trator under part 9 of the Federal Acquisition Regu22 lation each contractor that is debarred, suspended, 

23 proposed for debarment or suspension, or declared 

24 ineligible by the agency head on the basis that the 


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1 contractor has committed a violation under para2 graph (1). 

3 ‘‘(6) REMEDIES NOT EXCLUSIVE.—This section 

4 shall not be construed to limit other remedies which 

5 may be available under United States law. 

6 ‘‘(g) ADVISORY BOARD.— 

7 ‘‘(1) ESTABLISHMENT.—There is established a 

8 board to be known as the Procurement Advisory 

9 Board (in this section, referred to as the ‘Board’) to 

10 oversee and consider issues relating to the imple11 mentation and enforcement of this section and to 

12 make recommendations relating to such implementa13 tion and enforcement. 

14 ‘‘(2) COLLABORATION WITH THE CONSOR15 TIUM.—The Board may collaborate with the Consor16 tium in carrying out the Board’s activities under 

17 paragraph (1). 

18 ‘‘(3) MEMBERSHIP.—The Board shall be com19 posed of 7 members appointed by the President as 

20 follows: 

21 ‘‘(A) Three members from the Department 

22 of Defense. 

23 ‘‘(B) One member from the Department of 

24 Labor. 


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1 ‘‘(C) Three members who are members of 

2 a labor organization as defined in section 2(5) 

3 of the National Labor Relations Act (29 U.S.C. 

4 152(5)) or a Joint Labor Management Cooper5 ative Committee established pursuant to section 

6 205A of the Labor Management Relations Act, 

7 1947 (29 U.S.C. 175a). 

8 ‘‘(h) PHASE-IN.— 

9 ‘‘(1) YEAR ONE.—During the first full fiscal 

10 year after the effective date of this section, this sec11 tion shall be enforced only with respect to purchases 

12 and contracts for apparel, garments, and cor13 responding accessories, materials, supplies, or equip14 ment. 

15 ‘‘(2) YEAR TWO.—During the second full fiscal 

16 year after the effective date of this section, each 

17 agency head, in consultation with the Board estab18 lished under subsection (g), shall select procurement 

19 categories (other than apparel, garments, and cor20 responding accessories, materials, supplies, or equip21 ment) based on the feasibility of implementation and 

22 may set phase-in goals and timetables of up to one 

23 year for such categories in order to achieve compli24 ance with the requirements of this section.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect 180 days after the date of 

3 the enactment of this Act. 

4 SEC. 5. RULE OF CONSTRUCTION. 

5 Nothing in this Act, or the amendments made by this 

6 Act, shall be construed to preempt any law of a State or 

7 political subdivision of a State that establishes higher 

8 wages or labor standards for the mining, production, or 

9 manufacture of any good, ware, article, or merchandise 

10 purchased by the State or political subdivision of a State 

11 than those provided for in this Act. 

Æ 


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