H.R. 1332 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1332 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Bustos introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, 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 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. 1. Short title This Act may be cited as the American Jobs Matter Act of 2013. 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.