[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1246 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1246

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2013

 Mr. Murphy (for himself, Mr. Brown, Mr. Merkley, and Mr. Blumenthal) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to require contracting officers 
to consider information regarding domestic employment before awarding a 
           Federal defense 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 2013''.

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

    (a) In General.--Section 2305(a)(3) of title 10, United States 
Code, is amended by adding at the end the following new subparagraph:
    ``(C)(i) In prescribing the evaluation factors to be included in 
each solicitation for competitive proposals for covered contracts, an 
agency shall include the effects on employment within the United States 
of the contract as an evaluation factor that must be considered in the 
evaluation of proposals.
    ``(ii) In this subparagraph, the term `covered contract' means--
            ``(I) a contract in excess of $1,000,000 for the 
        procurement of manufactured goods;
            ``(II) a contract in excess of $1,000,000 for the 
        procurement of goods or services listed in the report of 
        industrial base capabilities required by section 2504 of title 
        10; and
            ``(III) a contract in excess of $1,000,000 for the 
        procurement of any item procured as part of a major defense 
        acquisition program.
    ``(iii) The head of an agency, in issuing a solicitation for 
competitive proposals, shall state in the solicitation that the agency 
may consider, and in the case of a covered contract will consider as an 
evaluation factor under subparagraph (A), information (in this 
subsection referred to as a `jobs impact statement') that the offeror 
includes in its offer related to the effects on employment within the 
United States of the contract if it is awarded to the offeror.
    ``(iv) The information that may be included in a jobs impact 
statement may include the following:
            ``(I) The number of jobs expected to be created or retained 
        in the United States 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 unless doing so is 
        required to provide the goods or services stipulated in the 
        contract or is in the best interest of the Federal Government.
    ``(v) The contracting officer may consider, and in the case of a 
covered contract will 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.
    ``(vi) 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 one year 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.
    ``(vii) 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.
    ``(viii)(I) 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.
    ``(II) 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 consider this 
as a factor that affects a contractor's past performance in the award 
of future contracts.
    ``(III) Contractors shall be provided an opportunity to explain any 
differences between their original jobs impact statement and the actual 
amount of jobs created or retained before the discrepancy affects the 
agency's assessment of the contractor's past performance.''.
    (b) Revision of Federal Acquisition Regulation.--The Department of 
Defense Supplement to the Federal Acquisition Regulation shall be 
revised to implement the amendment made by subsection (a).
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