the three-year period ending on the date of the sub-
mittal of the bid or proposal. 
‘‘(2) OUTSOURCING EVENT.—For purposes of 
paragraph (1), the term ‘outsourcing event’ means a 
plant closing or mass layoff (as described in section 
2(a) of the Worker Adjustment and Retraining Noti-
fication Act) in which the employment loss (exclud-
ing any part-time employees) for positions which will 
be moved to a country outside of the United States, 
as determined pursuant to the outsourcing state-
ment (as described in paragraph (1) of such section 
3(e) of such Act) served by the taxpayer during the 
taxable year, exceeds 50 employees. 
‘‘(b) CONSIDERATION
AUTHORIZED.—(1) Agency 
contracting officers considering bids or proposals in re-
sponse to a solicitation issued by the agency shall take 
into account any disclosure made pursuant to subsection 
(a) in such bids and proposals. 
‘‘(2) The head of an agency shall establish a negative 
preference of no less than 10 percent of the cost of a con-
tract for purposes of evaluating a bid or proposal of a con-
tractor that makes a disclosure pursuant to subsection (a). 
‘‘(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that agency contracting officers should, using sec-
tion 2304(b)(3) of this title, exclude contractors making 
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a disclosure pursuant to subsection (a) in response to so-
licitations issued by the agency from the bidding process 
in connection with such solicitations on the grounds that 
the actions described in the disclosures are against the 
public interests of the United States. 
‘‘(d) ANNUAL REPORT.—The head of each agency 
shall submit to Congress each year a report on the fol-
lowing: 
‘‘(1) The number of solicitations made by the 
agency during the preceding year for which disclo-
sures were made pursuant to subsection (a) in re-
sponsive bids or proposals. 
‘‘(2) The number of contracts awarded by the 
agency during the preceding year in which such dis-
closures were taken into account in the contract 
award.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of chapter 137 of such 
title is amended by inserting after the item re-
lating to section 2327 the following new item: 
‘‘2327a. Contracts: consideration of outsourcing of jobs.’’. 
(2) EXCLUSION OF FIRMS FROM SOURCES.— 
Section 2304(b) of such title is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
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(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) The head of an agency may provide for the pro-
curement of property and services covered by this chapter 
using competitive procedures but excluding a source mak-
ing a disclosure pursuant to section 2327a(a) of this title 
in the bid or proposal in response to the solicitation issued 
by the agency if the head of the agency determines that 
the actions described by disclosure are against the public 
interests of the United States and the source is to be ex-
cluded on those grounds. Any such determination shall 
take into account the sense of Congress set forth in section 
2327a(c) of this title.’’; and 
(C) in paragraph (4), as so redesignated, 
by striking ‘‘paragraphs (1) and (2)’’ and in-
serting ‘‘paragraphs (1), (2), and (3)’’. 
(b) OTHER FEDERAL CONTRACTS.— 
(1) CONSIDERATION OF OUTSOURCING.—Chap-
ter 35 of title 41, United States Code, is amended 
by inserting after section 3303 the following new 
section: 
‘‘§ 3303a. Bidders outsourcing jobs: disclosure of out-
sourcing; consideration of outsourcing in 
award; exclusion from sources 
‘‘(a) DISCLOSURE OF OUTSOURCING OF JOBS.— 
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‘‘(1) IN GENERAL.—The head of an executive 
agency shall require a contractor that submits a bid 
or proposal in response to a solicitation issued by 
the executive agency to disclose in that bid or pro-
posal if the contractor, or a subsidiary of the con-
tractor, owns a facility for which there is an out-
sourcing event during the three-year period ending 
on the date of the submittal of the bid or proposal. 
‘‘(2) OUTSOURCING EVENT.—For purposes of 
paragraph (1), the term ‘outsourcing event’ means a 
plant closing or mass layoff (as described in section 
2(a) of the Worker Adjustment and Retraining Noti-
fication Act) in which the employment loss (exclud-
ing any part-time employees) for positions which will 
be moved to a country outside of the United States, 
as determined pursuant to the outsourcing state-
ment (as described in paragraph (1) of such section 
3(e) of such Act) served by the taxpayer during the 
taxable year, exceeds 50 employees. 
‘‘(b) 
CONSIDERATION
AUTHORIZED.—(1) 
Con-
tracting officers of an executive agency considering bids 
or proposals in response to a solicitation issued by the ex-
ecutive agency shall take into account any disclosure made 
pursuant to subsection (a) in such bids and proposals. 
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‘‘(2) The head of an executive agency shall establish 
a negative preference of no less than 10 percent of the 
cost of a contract for purposes of evaluating a bid or pro-
posal of a contractor that makes a disclosure pursuant to 
subsection (a). 
‘‘(c) EXCLUSION FROM SOURCES.— 
‘‘(1) IN GENERAL.—The head of an executive 
agency may provide for the procurement of property 
and services using competitive procedures but ex-
cluding a source making a disclosure under sub-
section (a) in the bid or proposal in response to the 
solicitation issued by the executive agency if the 
head of the executive agency determines that the ac-
tions described by disclosure are against the public 
interests of the United States and the source is to 
be excluded on those grounds. Any such determina-
tion shall take into account the sense of Congress 
set forth in paragraph (2). 
‘‘(2) SENSE OF CONGRESS.—It is the sense of 
Congress that contracting officers of executive agen-
cies may use paragraph (1) to exclude contractors 
making a disclosure pursuant to subsection (a) in re-
sponse to a solicitation issued by the executive agen-
cy from the bidding process in connection with the 
solicitation on the grounds that the actions described 
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by the disclosure are against the public interests of 
the United States. 
‘‘(d) ANNUAL REPORT.—The head of each executive 
agency shall submit to Congress each year a report on the 
following: 
‘‘(1) The number of solicitations made by the 
executive agency during the preceding year for which 
disclosures were made pursuant to subsection (a) in 
responsive bids or proposals. 
‘‘(2) The number of contracts awarded to con-
tractors that disclosed having outsourced more than 
50 jobs during the preceding three years.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 35 of such title is 
amended by inserting after the item relating to sec-
tion 3303 the following new item: 
‘‘3303a. Bidders outsourcing jobs: disclosure of outsourcing; consideration of 
outsourcing in award; exclusion from sources.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
3301(a) of such title is amended by inserting 
‘‘3303a(c),’’ after ‘‘3303,’’. 
(c) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Fed-
eral Acquisition Regulatory Council, in consultation 
with the heads of relevant agencies, shall amend the 
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Federal Acquisition Regulation and the Defense 
Federal Acquisition Regulation Supplement to carry 
out the requirements of section 3303a of title 41, 
United States Code, and section 2327a of title 10, 
United States Code, as added by this section. 
(2) DEFINITION OF OUTSOURCING.—For pur-
poses of defining outsourcing pursuant to paragraph 
(1), the Federal Acquisition Regulatory Council may 
utilize regulations prescribed by the Secretary of 
Labor. 
(d) RULE OF CONSTRUCTION.—This section, and the 
amendments made by this section, shall be applied in a 
manner consistent with United States obligations under 
international agreements. 
SEC. 9. AUTHORITY FOR FEDERAL AGENCIES TO TAKE THE 
OUTSOURCING OF JOBS FROM THE UNITED 
STATES INTO ACCOUNT FOR GRANTS, LOANS, 
AND LOAN GUARANTEES. 
(a) DISCLOSURE OF OUTSOURCING OF JOBS.— 
(1) IN
GENERAL.—The head of any Federal 
agency, or their delegate, shall require any entity 
that submits a request for an applicable agency ac-
tion to disclose in the request if such entity, or any 
subsidiary of such entity, owns a facility for which 
there is an outsourcing event during the 3-year pe-
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riod ending on the date of the submission of the re-
quest. 
(2) OUTSOURCING
EVENT.—For purposes of 
paragraph (1), the term ‘‘outsourcing event’’ means 
a plant closing or mass layoff (as described in sec-
tion 2(a) of the Worker Adjustment and Retraining 
Notification Act) in which the employment loss (ex-
cluding any part-time employees) for positions which 
will be moved to a country outside of the United 
States, as determined pursuant to the outsourcing 
statement (as described in paragraph (1) of such 
section 3(e) of such Act), exceeds 50 employees. 
(b) CONSIDERATION AUTHORITY.— 
(1) IN GENERAL.—In considering a request by 
an entity for an applicable agency action, the head 
of any Federal agency, as well as any officers, em-
ployees, and contractors of such Agency, shall take 
into account any disclosure made pursuant to sub-
section (a) for purposes of such request. 
(2) NEGATIVE PREFERENCE.—The head of any 
Federal agency shall establish a negative preference 
of not less than 10 percent of the scoring evaluation 
for any request for an applicable agency action by 
an entity that makes a disclosure pursuant to sub-
section (a). 
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(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal agencies should, in considering requests 
by entities for any applicable agency action, exclude enti-
ties making a disclosure of an outsourcing event pursuant 
to subsection (a) on the grounds that the actions described 
in the disclosures are against the public interests of the 
United States. 
(d) ANNUAL REPORT.—The head of each Federal 
agency shall submit to Congress each year a report on the 
following: 
(1) The number of entities making a disclosure 
of an outsourcing event pursuant to subsection (a) 
in regards to a request for applicable agency action 
during the preceding year. 
(2) The number of requests for applicable agen-
cy action which were granted by the agency during 
the preceding year in which such disclosures were 
taken into account. 
(e) APPLICABLE AGENCY ACTION.—For purposes of 
this section, the term ‘‘applicable agency action’’ means 
any grant, loan, or loan guarantee awarded or issued by 
a Federal agency. 
Æ 
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