MODEL BILLS

Keep Jobs in America Act

Summary: The Keep Jobs in America Act requires [state/city/county] services contracts to be performed within the United States.

SECTION 1. SHORT TITLE

This Act shall be called the “Keep Jobs in America Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The [legislature/council/commission] finds that:

1. Government agencies procure services in part through contracts with private vendors.

2. Increasingly private vendors carry out these services, or subcontract or otherwise procure these services, from a location outside the United States.

3. Such international outsourcing exacerbates unemployment and workforce dislocation and deprives residents of job opportunities.

4. International outsourcing erodes state and local revenues by drawing jobs and income away from the state and may provide less privacy protections for state residents whose personal information may, in the course of service delivery, be transmitted to locations outside the United States.

(B) PURPOSE—The purpose of this Act is to protect the economy of the [state/city/county] and the privacy of its residents.

SECTION 3. PROTECTING JOBS

After section XXX, the following new section XXX shall be inserted:

(A) NO OFFSHORING OF SERVICES CONTRACTS—The following provisions shall apply to all [state/city/county] contracts:

1. No agency of the [state/city/county] [or list specific agencies] shall award a services contract to a contractor or subcontractor that performs the work at a site outside of the United States.

2. Each vendor submitting a bid or contract to provide services shall certify that the services covered by the bid or contract will be performed in the United States.

3. If, during the life of the contract, the contractor or subcontractor shifts services work overseas, then the [state/city/county] agency shall require the contractor or subcontractor to pay damages in an amount equal to the amount paid by the agency for the percentage of outsourced work. The agency shall also terminate the contract for noncompliance.

4. The [state/city/county] agency shall be entitled to bring a civil action in state or federal court to compel enforcement under this statute. The court shall award reasonable attorney’s fees and costs to the agency.

(B) EXCEPTIONS—The provisions of this section shall not apply to a contract if:

1. Refusing to award that contract would violate the specific terms to which the government consented under [list any applicable trade agreement].

2. The agency has made a reasonable effort to find an alternative supplier of the services and determined that the services are not available elsewhere at a reasonable cost.

SECTION 4. EFFECTIVE DATE

This Act shall take effect on July 1, 20XX.