Sec. 640.
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None of the funds made available by this Act shall be used to implement, promulgate, finalize or enforce Executive Order 13673, issued July 31, 2014, or to develop any regulation or guidance related thereto, until— a study is conducted by the Comptroller General analyzing the impacts of such order on affected Federal agencies’ missions, impacts on the industrial base, and including a cost benefit analysis of implementation of the such order versus potential alternatives; and the Secretary of Labor has reviewed the report of the study conducted pursuant to paragraph
(1)and certified that the benefits of the order outweigh any associated costs and will not impede agency missions. The study to be conducted by the Comptroller General shall be publicly available and shall be submitted to the Committees on Appropriations of the House of Representatives and Senate. The elements of the study shall include an assessment of— the estimated costs to each Federal agency or department to implement the Executive order, including the costs of designating labor compliance advisors and any other associated positions or resources needed to support the functions of the labor compliance advisors; the effects of the Executive order on the industrial base (including the defense industrial base) and including input from both the Federal agencies (including the Department of Defense) and affected members of the industrial base, including how the order would affect the ability of mission critical contractors to continue to provide goods and services to the Federal Government; any private sector capabilities that the agency or department would risk losing access to if the Executive order were implemented as defined in the FAR proposed rule (FAR Case 2014–025; Docket No. 2014–0025) and any related final rule; costs to prime contractors and subcontractors associated with complying with the proposed rule or any related final rule, including the costs of having to create new information systems or processes to obtain and manage the data required by the Executive order; the effect of the Executive order on Federal acquisition competition and the ability to encourage non-traditional contractors to compete in the Federal market; the effect of the Executive order on the ability of the Federal Government to meet statutory small business prime contracting and subcontracting goals, including such goals for minority-owned, women-owned, and service-disabled veteran-owned small businesses; the total number of violations (as defined in the proposed Department of Labor guidance) and the number of such violations where a challenge was still pending that would trigger disclosure by potential bidders to a Government solicitation; any delays to the procurement process that will result from the implementation of the Executive order; alternative approaches to effect the goal of the Executive order, including potential improvements to Government information systems, that could provide greater transparency into labor law compliance without shifting the reporting burden to industry; and such other matters as the Comptroller General determines relevant.
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Sec. 640
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