[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1363 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1363

  To amend titles 10 and 41, United States Code, to allow contracting 
 officers to consider information regarding domestic employment before 
          awarding a Federal contract, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2011

Mr. Rockefeller introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend titles 10 and 41, United States Code, to allow contracting 
 officers to consider information regarding domestic employment before 
          awarding a Federal contract, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Jobs Matter Act of 2011''.

SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO 
              EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF FEDERAL 
              CONTRACTS.

    (a) Civilian Agency Contracts.--Section 3306 of title 41, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(g)(1) An executive agency, in issuing a solicitation for 
competitive proposals, shall state in the solicitation that the agency 
may consider information (in this subsection referred to as a `jobs 
impact statement') that the offeror may include in its offer related to 
the effects on employment within the United States of the contract if 
it is awarded to the offeror.
    ``(2) The information that may be included in a jobs impact 
statement may include the following:
            ``(A) The number of jobs expected to be created in the 
        United States, or the number of jobs retained that otherwise 
        would be lost, if the contract is awarded to the offeror.
            ``(B) The number of jobs created or retained in the United 
        States by the subcontractors expected to be used by the offeror 
        in the performance of the contract.
            ``(C) A guarantee from the offeror that jobs created or 
        retained in the United States will not be moved outside the 
        United States after award of the contract.
    ``(3) The contracting officer may consider the information in the 
jobs impact statement in the evaluation of the offer and may request 
further information from the offeror in order to verify the accuracy of 
any such information submitted.
    ``(4) In the case of a contract awarded to an offeror that 
submitted a jobs impact statement with the offer for the contract, the 
executive agency shall, not later than six months after the award of 
the contract and annually thereafter for the duration of the contract 
or contract extension, assess the accuracy of the jobs impact 
statement.
    ``(5) The head of each executive agency shall submit to Congress an 
annual report on the frequency of use within the agency of jobs impact 
statements in the evaluation of competitive proposals.
    ``(6) In any contract awarded to an offeror that submitted a jobs 
impact statement with its offer in response to the solicitation for 
proposals for the contract, the executive agency shall track the number 
of jobs created or retained during the performance of the contract. If 
the number of jobs that the agency estimates will be created (by using 
the jobs impact statement) significantly exceeds the number of jobs 
created or retained, then the agency may evaluate whether the 
contractor should be proposed for debarment.''.
    (b) Defense Contracts.--Section 2305(a) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(6)(A) The head of an agency, in issuing a solicitation for 
competitive proposals, shall state in the solicitation that the agency 
may consider information (in this paragraph referred to as a `jobs 
impact statement') that the offeror may include in its offer related to 
the effects on employment within the United States of the contract if 
it is awarded to the offeror.
    ``(B) The information that may be included in a jobs impact 
statement may include the following:
            ``(i) The number of jobs expected to be created in the 
        United States, or the number of jobs retained that otherwise 
        would be lost, if the contract is awarded to the offeror.
            ``(ii) The number of jobs created or retained in the United 
        States by the subcontractors expected to be used by the offeror 
        in the performance of the contract.
            ``(iii) A guarantee from the offeror that jobs created or 
        retained in the United States will not be moved outside the 
        United States after award of the contract.
    ``(C) The contracting officer may consider the information in the 
jobs impact statement in the evaluation of the offer and may request 
further information from the offeror in order to verify the accuracy of 
any such information submitted.
    ``(D) In the case of a contract awarded to an offeror that 
submitted a jobs impact statement with the offer for the contract, the 
agency shall, not later than six months after the award of the contract 
and annually thereafter for the duration of the contract or contract 
extension, assess the accuracy of the jobs impact statement.
    ``(E) The Secretary of Defense shall submit to Congress an annual 
report on the frequency of use within the Department of Defense of jobs 
impact statements in the evaluation of competitive proposals.
    ``(F) In any contract awarded to an offeror that submitted a jobs 
impact statement with its offer in response to the solicitation for 
proposals for the contract, the agency shall track the number of jobs 
created or retained during the performance of the contract. If the 
number of jobs that the agency estimates will be created (by using the 
jobs impact statement) significantly exceeds the number of jobs created 
or retained, then the agency may evaluate whether the contractor should 
be proposed for debarment.''.
    (c) Revision of Federal Acquisition Regulation.--The Federal 
Acquisition Regulation shall be revised to implement the amendments 
made by this section.
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