II 

108TH CONGRESS 

2D SESSION S. 2094

To protect United States workers from competition of foreign workforces 

for performance of Federal and State services contracts. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2004

Mr. DODD introduced the following bill; which was read twice and referred to 

the Committee on Governmental Affairs 

A BILL

To protect United States workers from competition of foreign 

workforces for performance of Federal and State services 

contracts.

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 ‘‘United States Workers 

5 Protection Act of 2004’’. 

6 SEC. 2. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 

7 CONTRACTS FOR THE PROCUREMENT OF 

8 GOODS AND SERVICES. 

9 (a) LIMITATIONS.—
2

•S 2094 IS 

1 (1) IN GENERAL.—The Office of Federal Pro2 curement Policy Act (41 U.S.C. 403 et seq.) is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘SEC. 42. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 

6 CONTRACTS FOR THE PROCUREMENT OF 

7 GOODS AND SERVICES. 

8 ‘‘(a) CONVERSIONS TO CONTRACTOR PERFORMANCE

9 OF FEDERAL ACTIVITIES.—An activity or function of an 

10 executive agency that is converted to contractor perform11 ance under Office of Management and Budget Circular 

12 A–76 may not be performed by the contractor or any sub13 contractor at a location outside the United States except 

14 to the extent that such activity or function was previously 

15 performed by Federal Government employees outside the 

16 United States. 

17 ‘‘(b) FEDERAL CONTRACTS FOR THE PROCUREMENT

18 OF SERVICES.—(1) A contract for the procurement of 

19 goods or services that is entered into by the head of an 

20 executive agency may not be performed outside the United 

21 States except to meet a requirement of the executive agen22 cy for goods or services specifically at a location outside 

23 the United States. 

24 ‘‘(2) The President may waive the prohibition in 

25 paragraph (1) in the case of any contract for which the 
3

•S 2094 IS 

1 President determines in writing that it is necessary in the 

2 national security interests of the United States for goods 

3 or services under the contract to be performed outside the 

4 United States. 

5 ‘‘(3) Paragraph (1) does not apply to goods or serv6 ices performed outside the United States under the excep7 tion provided in subsection (a). 

8 ‘‘(c) STATE CONTRACTS FOR THE PROCUREMENT OF

9 SERVICES.—(1) Funds appropriated for financial assist10 ance for a State may not be disbursed to or for such State 

11 during a fiscal year unless the chief executive of that State 

12 has transmitted to the Administrator for Federal Procure13 ment Policy, not later than April 1 of the preceding fiscal 

14 year, a written certification that none of such funds will 

15 be expended for goods or services performed outside the 

16 United States under contracts for the procurement of 

17 goods or services entered into by such State. 

18 ‘‘(2) In this subsection, the term ‘State’ means each 

19 of the several States of the United States, the District 

20 of Columbia, the Commonwealth of Puerto Rico, the Com21 monwealth of the Northern Mariana Islands, the Virgin 

22 Islands, Guam, American Samoa, and the Trust Territory 

23 of the Pacific Islands.’’. 
4

•S 2094 IS 

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions in section 1(b) of such Act is amended by add3 ing at the end the following new item:

‘‘Sec. 42. Limitations on off-shore performance of contracts for the procurement 

of services.’’.

4 (b) INAPPLICABILITY TO STATES DURING FIRST

5 TWO FISCAL YEARS.—Section 42(c) of the Office of Fed6 eral Procurement Policy Act (as added by subsection (a)) 

7 shall not apply to disbursements of funds to a State dur8 ing the fiscal year in which this Act is enacted and the 

9 next fiscal year. 

10 (c) REPEAL OF SUPERSEDED LAW.—Section 647 of 

11 the Transportation, Treasury, and Independent Agencies 

12 Appropriations Act, 2004 (division F of Public Law 108–

13 199) is amended by striking subsection (e).

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