,i #aafth ,,congress #ast ,session ,h4 ,r4 #bcdb ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjai,mr4 ,ryan introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend titles #aj and #da1 ,united ,states ,code1 to provide a contracting preference for contractors that retain ,american jobs and purchase goods and services in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,retain ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,hundreds of ,american corporations are shipping thousands of jobs to foreign countries4 7#b7 ,united ,states companies either send ,american jobs overseas1 or choose to employ cheap overseas labor1 instead of ,american workers4 7#c7 ,shifting of jobs occurs in all industry sectors including manufacturing1 services1 supply chain1 and all others4 #c4 ,amendments 7a7 ,civilian agency contracts 7#a7 ,amendment ,chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dgac4 ,preference for keeping jobs in the ,united ,states 7a7 ,preference ,the head of an executive agency shall give a preference for an offeror that certifies to retain jobs performed in the ,united ,states 7regardless of the citizenship of the employee7 and uses products substantially manufactured in the ,united ,states and services provided in the ,united ,states for the contract for which an offer is made4 7b7 ,applicability to subcontracts ,the preference described under subsection 7a7 applies to the award of a contract by an executive agency and the award of any subcontract 7at any tier7 in the performance of such contract4 7c7 ,certification ,to be eligible for the preference described under subsection 7a71 an offeror shall submit a certification that confirms the offeror and any subcontractor 7if applicable7-- 7#a7 has not relocated jobs from the ,united ,states to foreign countries in the preceding five years2 7#b7 has not established foreign facilities to perform the same function that otherwise could have been performed in the ,united ,states with the intention of manufacturing or providing the same service and importing the same product or service back to the ,united ,states2 7#c7 will not relocate jobs from the ,united ,states to foreign countries during the period of performance of the contract2 and 7#d7 will use products substantially manufactured in the ,united ,states and services provided in the ,united ,states under the contract4 7d7 ,exception to certification ,notwithstanding the requirements of the certification described under subsection 7c71 the head of an executive agency may except an offeror from any of the requirements if the exception is fully described and justified and one or more of the following conditions apply3 7#a7 ,the products are not manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and are not of satisfactory quality4 7#b7 ,there is an unreasonable cost associated with the use of products substantially manufactured in the ,united ,states or services provided in the ,united ,states4 7#c7 ,the use of products substantially manufactured in the ,united ,states or services provided in the ,united ,states would be inconsistent with the public interest4 7e7 ,violation of certification ,if the head of an executive agency determines that a contractor has submitted a false statement or violated any of the requirements of the certification described in subsection 7c71 the head of that executive agency shall terminate the contract for which the contractor received the preference described in subsection 7a7 and the contractor may not receive the preference for a period of not less than #e years4 7f7 ,report required ,not later than ,november #a of each year1 the head of an executive agency shall submit to ,congress a report that includes the names of the contractors that have submitted a false statement or violated any of the requirements of the certification described in subsection 7c7 for the previous fiscal year4 7g7 ,applicability to parent companies and subsidiaries ,for purposes of this section1 any prohibition on receiving a preference under subsection 7e7 applied with respect to a contractor shall apply to any subsidiary or parent company of the contractor4 4 7#b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new item3 #dgac4 ,preference for keeping jobs in the ,united ,states4 4 7b7 ,defense contracts 7#a7 ,amendment ,chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after section #bcaf the following new section3 #bcag4 ,preference for keeping jobs in the ,united ,states 7a7 ,preference ,the head of an agency shall give a preference for an offeror that certifies to retain jobs performed in the ,united ,states 7regardless of the citizenship of the employee7 in the ,united ,states and uses products substantially manufactured in the ,united ,states and services provided in the ,united ,states for the contract for which an offer is made4 7b7 ,applicability to subcontracts ,the preference described under subsection 7a7 applies to the award of a contract by any agency named in section #bcjc of this chapter and the award of any subcontract 7at any tier7 in the performance of such contract4 7c7 ,certification ,to be eligible for the preference described under subsection 7a71 an offeror shall submit a certification that confirms the offeror and any subcontractor 7if applicable7-- 7#a7 has not relocated jobs from the ,united ,states to foreign countries in the preceding five years2 7#b7 has not established foreign facilities to perform the same function that otherwise could have been performed in the ,united ,states with the intention of manufacturing or providing the same service and importing the same product or service back to the ,united ,states2 7#c7 will not relocate jobs from the ,united ,states to foreign countries during the period of performance of the contract2 and 7#d7 will use products substantially manufactured in the ,united ,states and services provided in the ,united ,states under the contract4 7d7 ,exception to certification ,notwithstanding the requirements of the certification described under subsection 7c71 the head of an agency may except an offeror from any of the requirements if the exception is fully described and justified and one or more of the following conditions apply3 7#a7 ,the products are not manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and are not of satisfactory quality4 7#b7 ,there is an unreasonable cost associated with the use of products substantially manufactured in the ,united ,states or services provided in the ,united ,states4 7#c7 ,the use of products substantially manufactured in the ,united ,states or services provided in the ,united ,states would be inconsistent with the public interest4 7e7 ,violation of certification ,if the head of an agency determines that a contractor has submitted a false statement or violated any of the requirements of the certification described in subsection 7c71 the head of that agency shall terminate the contract for which the contractor received the preference described in subsection 7a7 and the contractor may not receive the preference for a period of not less than #e years4 7f7 ,report required ,not later than ,november #a of each year1 the head of an agency shall submit to ,congress a report that includes the names of the contractors that have submitted a false statement or violated any of the requirements of the certification described in subsection 7c7 for the previous fiscal year4 7g7 ,applicability to parent companies and subsidiaries ,for purposes of this section1 any prohibition on receiving a preference under subsection 7e7 applied with respect to a contractor shall apply to any subsidiary or parent company of the contractor4 4 7#b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #bcaf the following new item3 #bcag4 ,preference for keeping jobs in the ,united ,states4 4 7c7 ,revision of ,federal ,acquisition ,regulation ,the ,federal ,acquisition ,regulation shall be revised to implement the amendment made by this section4 7d7 ,effective date2 applicability ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply with respect to any contract awarded on or after the date occurring #ahj days after such effective date4