[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1729 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1729

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

                              May 20, 2021

  Mr. Murphy 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 2021''.

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

    (a) In General.--Section 3206(c) of title 10, United States Code, 
as transferred and redesignated by section 1811(e) of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116-283), is amended by adding at the end the 
following new paragraph:
            ``(6) Consideration and verification of information 
        relating to effect on domestic employment.--(A) 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.
            ``(B) In this paragraph, 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 
                4814 of this title; 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.
            ``(C) 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 paragraph (1), 
        information (in this subparagraph 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.
            ``(D) 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.
            ``(E) 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.
            ``(F) 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.
            ``(G) 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.
            ``(H)(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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