S 1363 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1363CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

July 13, 2011CommentsClose CommentsPermalink

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘American Jobs Matter Act of 2011’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The information that may be included in a jobs impact statement may include the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Defense Contracts- Section 2305(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) The information that may be included in a jobs impact statement may include the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Revision of Federal Acquisition Regulation- The Federal Acquisition Regulation shall be revised to implement the amendments made by this section.CommentsClose CommentsPermalink