I 
113TH CONGRESS 
1ST SESSION H. R. 1332 
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 HOUSE OF REPRESENTATIVES 
MARCH 21, 2013 
Mrs. BUSTOS introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined 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 do-
mestic employment before awarding a Federal contract, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2013’’. 
VerDate Mar 15 2010 
06:28 Mar 26, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1332.IH
H1332
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMA-
TION RELATING TO EFFECT ON DOMESTIC 
EMPLOYMENT OF AWARD OF FEDERAL CON-
TRACTS. 
(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 sub-
section 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 con-
tract. 
‘‘(C) A guarantee from the offeror that jobs 
created or retained in the United States will not be 
VerDate Mar 15 2010 
06:28 Mar 26, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1332.IH
H1332
pwalker on DSK7TPTVN1PROD with BILLS
moved outside the United States after award of the 
contract. 
‘‘(3) The contracting officer may consider the infor-
mation 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 informa-
tion 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 ex-
tension, 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 with-
in the agency of jobs impact statements in the evaluation 
of competitive proposals. 
‘‘(6) In any contract awarded to an offeror that sub-
mitted a jobs impact statement with its offer in response 
to the solicitation for proposals for the contract, the execu-
tive agency shall track the number of jobs created or re-
tained during the performance of the contract. If the num-
ber 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 
VerDate Mar 15 2010 
06:28 Mar 26, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1332.IH
H1332
pwalker on DSK7TPTVN1PROD with BILLS
evaluate whether the contractor should be proposed for de-
barment.’’. 
(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 solicita-
tion for competitive proposals, shall state in the solicita-
tion 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 con-
tract. 
‘‘(iii) A guarantee from the offeror that jobs 
created or retained in the United States will not be 
VerDate Mar 15 2010 
06:28 Mar 26, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1332.IH
H1332
pwalker on DSK7TPTVN1PROD with BILLS
moved outside the United States after award of the 
contract. 
‘‘(C) The contracting officer may consider the infor-
mation 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 informa-
tion 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, as-
sess the accuracy of the jobs impact statement. 
‘‘(E) The Secretary of Defense shall submit to Con-
gress 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 sub-
mitted a jobs impact statement with its offer in response 
to the solicitation for proposals for the contract, the agen-
cy shall track the number of jobs created or retained dur-
ing 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 
VerDate Mar 15 2010 
06:28 Mar 26, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1332.IH
H1332
pwalker on DSK7TPTVN1PROD with BILLS
whether the contractor should be proposed for debar-
ment.’’. 
(c) REVISION OF FEDERAL ACQUISITION REGULA-
TION.—The Federal Acquisition Regulation shall be re-
vised to implement the amendments made by this section. 
Æ 
VerDate Mar 15 2010 
06:28 Mar 26, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H1332.IH
H1332
pwalker on DSK7TPTVN1PROD with BILLS