S.Amdt. 768

SA 768. Mr. DONNELLY submitted an amendment intended to be proposed
by him to the bill H.R. 2810, to authorize appropriations for fiscal
year 2018 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. PREVENTING OUTSOURCING.

(a) Consideration of Outsourcing.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2327 the
following new section:

``Sec. 2327a. Contracts: consideration of outsourcing of jobs

``(a) Disclosure of Outsourcing of Jobs.--
``(1) In general.--The head of an agency shall require a
contractor that submits a bid or proposal in response to a
solicitation issued by the agency to disclose in that bid or
proposal if the contractor, or a subsidiary of the
contractor, owns a facility for which there is an outsourcing
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 Notification Act (29 U.S.C. 2101(a)) in which
the employment loss (excluding any part-time employees) for
positions which will be moved to a country outside of the
United States exceeds 50 employees.
``(b) Consideration Authorized.--(1) Agency contracting
officers considering bids or proposals in response to a
solicitation issued by the agency may take into account any
disclosure made pursuant to subsection (a) in such bids and
proposals.
``(2) The head of an agency may establish a negative
preference of up to 10 percent of the cost of a contract for
purposes of evaluating a bid or proposal of a contractor that
makes a disclosure pursuant to subsection (a).
``(c) Sense of Congress.--It is the sense of Congress that
agency contracting officers should, using section 2304(b)(3)
of this title, exclude contractors making a disclosure
pursuant to subsection (a) in response to solicitations
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 following:
``(1) The number of solicitations made by the 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 by the agency during
the preceding year in which such disclosures were taken into
account in the contract award.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by
inserting after the item relating to section 2327 the
following new item:

``2327a. Contracts: consideration of outsourcing of jobs.''.

(b) Exclusion of Firms From Sources.--Section 2304(b) of
such title is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) The head of an agency may provide for the procurement
of property and services covered by this chapter using
competitive procedures but excluding a source making 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 excluded on those
grounds. Any such determination shall take into account the
sense of Congress set forth in section 2327a(c) of this
title.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraphs (1) and (2)'' and inserting ``paragraphs (1),
(2), and (3)''.
(c) Regulations and Guidance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
amend the Defense Federal Acquisition Regulation Supplement
to carry out the requirements of section 2327a of title 10,
United States Code, as added by this section.
(2) Training and guidance.--The Secretary of Defense shall
develop and provide clear training and guidance to
acquisition officials, contracting officers, and current and
potential contractors regarding implementation policies and
practices for section 2327a of title 10, United States Code,
as added by this section.
(3) Definition of outsourcing.--For purposes of defining
outsourcing pursuant to paragraphs (1) and (2), the Secretary
of Defense 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

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United States obligations under international agreements.
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