I 

108TH CONGRESS 

2D SESSION H. R. 3820

To protect United States workers from competition of foreign workforces 

for performance of Federal and State contracts for goods or services. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2004

Ms. DELAURO (for herself and Mr. DINGELL) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL

To protect United States workers from competition of foreign 

workforces for performance of Federal and State contracts for goods or services.

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 OR SERVICES. 

9 (a) LIMITATIONS.—
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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 OR 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 GOODS OR SERVICES.—(1) A contract for the procure19 ment of goods or services that is entered into by the head 

20 of an executive agency may not be performed outside the 

21 United States except to meet a requirement of the execu22 tive agency for goods or services specifically at a location 

23 outside the United States. 

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

25 paragraph (1) in the case of any contract for which the 
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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 provided or performed 

4 outside the United States. 

5 ‘‘(3) Paragraph (1) does not apply to goods provided 

6 or services performed outside the United States under the 

7 exception provided in subsection (a). 

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

9 GOODS OR SERVICES.—(1) Funds appropriated for finan10 cial assistance for a State may not be disbursed to or for 

11 such State during a fiscal year unless the chief executive 

12 of that State has transmitted to the Administrator for 

13 Federal Procurement Policy, not later than April 1 of the 

14 preceding fiscal year, a written certification that none of 

15 such funds will be expended for goods provided or services 

16 performed outside the United States under contracts for 

17 the procurement of goods or services entered into by such 

18 State. 

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

20 of the several States of the United States, the District 

21 of Columbia, the Commonwealth of Puerto Rico, the Com22 monwealth of the Northern Mariana Islands, the Virgin 

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

24 of the Pacific Islands.’’. 
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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:

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

goods or 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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