II 

112TH CONGRESS 

1ST SESSION S. 1363 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2011 

Mr. ROCKEFELLER introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Jobs Matter 

5 Act of 2011’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1363 IS

1 SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMA2 TION RELATING TO EFFECT ON DOMESTIC 

3 EMPLOYMENT OF AWARD OF FEDERAL CON4 TRACTS. 

5 (a) CIVILIAN AGENCY CONTRACTS.—Section 3306 of 

6 title 41, United States Code, is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(g)(1) An executive agency, in issuing a solicitation 

9 for competitive proposals, shall state in the solicitation 

10 that the agency may consider information (in this sub11 section referred to as a ‘jobs impact statement’) that the 

12 offeror may include in its offer related to the effects on 

13 employment within the United States of the contract if 

14 it is awarded to the offeror. 

15 ‘‘(2) The information that may be included in a jobs 

16 impact statement may include the following: 

17 ‘‘(A) The number of jobs expected to be created 

18 in the United States, or the number of jobs retained 

19 that otherwise would be lost, if the contract is 

20 awarded to the offeror. 

21 ‘‘(B) The number of jobs created or retained in 

22 the United States by the subcontractors expected to 

23 be used by the offeror in the performance of the con24 tract. 

25 ‘‘(C) A guarantee from the offeror that jobs 

26 created or retained in the United States will not be 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1363 IS

1 moved outside the United States after award of the 

2 contract. 

3 ‘‘(3) The contracting officer may consider the infor4 mation in the jobs impact statement in the evaluation of 

5 the offer and may request further information from the 

6 offeror in order to verify the accuracy of any such informa7 tion submitted. 

8 ‘‘(4) In the case of a contract awarded to an offeror 

9 that submitted a jobs impact statement with the offer for 

10 the contract, the executive agency shall, not later than six 

11 months after the award of the contract and annually 

12 thereafter for the duration of the contract or contract ex13 tension, assess the accuracy of the jobs impact statement. 

14 ‘‘(5) The head of each executive agency shall submit 

15 to Congress an annual report on the frequency of use with16 in the agency of jobs impact statements in the evaluation 

17 of competitive proposals. 

18 ‘‘(6) In any contract awarded to an offeror that sub19 mitted a jobs impact statement with its offer in response 

20 to the solicitation for proposals for the contract, the execu21 tive agency shall track the number of jobs created or re22 tained during the performance of the contract. If the num23 ber of jobs that the agency estimates will be created (by 

24 using the jobs impact statement) significantly exceeds the 

25 number of jobs created or retained, then the agency may 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 1363 IS

1 evaluate whether the contractor should be proposed for de2 barment.’’. 

3 (b) DEFENSE CONTRACTS.—Section 2305(a) of title 

4 10, United States Code, is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(6)(A) The head of an agency, in issuing a solicita7 tion for competitive proposals, shall state in the solicita8 tion that the agency may consider information (in this 

9 paragraph referred to as a ‘jobs impact statement’) that 

10 the offeror may include in its offer related to the effects 

11 on employment within the United States of the contract 

12 if it is awarded to the offeror. 

13 ‘‘(B) The information that may be included in a jobs 

14 impact statement may include the following: 

15 ‘‘(i) The number of jobs expected to be created 

16 in the United States, or the number of jobs retained 

17 that otherwise would be lost, if the contract is 

18 awarded to the offeror. 

19 ‘‘(ii) The number of jobs created or retained in 

20 the United States by the subcontractors expected to 

21 be used by the offeror in the performance of the con22 tract. 

23 ‘‘(iii) A guarantee from the offeror that jobs 

24 created or retained in the United States will not be 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 1363 IS

1 moved outside the United States after award of the 

2 contract. 

3 ‘‘(C) The contracting officer may consider the infor4 mation in the jobs impact statement in the evaluation of 

5 the offer and may request further information from the 

6 offeror in order to verify the accuracy of any such informa7 tion submitted. 

8 ‘‘(D) In the case of a contract awarded to an offeror 

9 that submitted a jobs impact statement with the offer for 

10 the contract, the agency shall, not later than six months 

11 after the award of the contract and annually thereafter 

12 for the duration of the contract or contract extension, as13 sess the accuracy of the jobs impact statement. 

14 ‘‘(E) The Secretary of Defense shall submit to Con15 gress an annual report on the frequency of use within the 

16 Department of Defense of jobs impact statements in the 

17 evaluation of competitive proposals. 

18 ‘‘(F) In any contract awarded to an offeror that sub19 mitted a jobs impact statement with its offer in response 

20 to the solicitation for proposals for the contract, the agen21 cy shall track the number of jobs created or retained dur22 ing the performance of the contract. If the number of jobs 

23 that the agency estimates will be created (by using the 

24 jobs impact statement) significantly exceeds the number 

25 of jobs created or retained, then the agency may evaluate 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 1363 IS

1 whether the contractor should be proposed for debar2 ment.’’. 

3 (c) REVISION OF FEDERAL ACQUISITION REGULA4 TION.—The Federal Acquisition Regulation shall be re5 vised to implement the amendments made by this section. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS