110 HR 6043 IH: To provide for an evaluation factor for defense U.S. House of Representatives 2008-05-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6043 IN THE HOUSE OF REPRESENTATIVES May 13, 2008 Mr. Skelton introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Oversight and Government Reform, 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 provide for an evaluation factor for defense contractors employing or subcontracting with recipients of certain special immigrant visas.

1.

Evaluation factor for defense contractors employing or subcontracting with recipients of certain special immigrant visas

(a)

Evaluation factor for contractors using recipients of certain immigration visas

(1)

In general

In evaluating any bid or proposal for a covered contract, the Secretary of Defense may use as an evaluation factor whether an entity intends to carry out the contract using an employee or individual subcontractor who is a recipient of a covered special immigration visa. (2)

Documentation of covered special immigrant visa

The Secretary of Defense shall require any entity claiming intent to carry out a contract using an employee or individual subcontractor who is a recipient of a covered special immigration visa to submit documentation to the Department of Defense of the names of each such recipient that the entity will employ, or execute personal services contracts with, for the contract concerned. (3)

Guidance

The Secretary of Defense shall issue such guidance as is required to identify those contracts for which the evaluation factor may be used. (4)

Regulations

The Federal Acquisition Regulation shall be revised as necessary to implement this subsection. (5)

Public availability of information

Upon completion of the revision of the Federal Acquisition Regulation as required by paragraph (4), the Secretary of Defense shall provide notification of the evaluation factor and regulations governing its implementation on the FedBizOps website. (6)

Construction of subsection

Nothing in this subsection shall be construed as requiring the granting of security clearances in violation of any applicable law or regulation or superseding any regulation or law intended to protect classified information or national security. (b)

Assistance to recipients of certain immigration visas To apply for employment with defense contractors

(1)

Requirement to post information

Upon request from a contractor, the Secretary of Defense shall post on a website accessible to the public, and update as appropriate, such information as the contractor and the Secretary consider necessary (including name and contact information about the contractor) to enable recipients of covered special immigration visas to apply for employment with the contractor. (2)

Requirement for notification

The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, shall establish a system for notifying recipients of covered special immigration visas about the information posted on the website described in subsection (a). The system shall provide that— (A)in the case of a recipient of a covered special immigration visa who entered the United States before the posting of information required under subsection (a), the notification shall be provided by United States mail; and (B)in the case of such a recipient who entered the United States after the posting of such information, the notification shall be provided in writing at the time of the issuance of the visa. (c)

Definitions

In this section: (1)

Covered contract

The term covered contract means a contract by the Department of Defense for the procurement of goods or services in support of Operation Iraqi Freedom with respect to which the Secretary of Defense has determined that proficiency in Arabic or knowledge of Iraq is useful. (2)

Covered special immigrant visa

The term covered special immigrant visa means a visa issued under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163).