1. Short title This Act may be cited as the Retain Act . 2. Findings The Congress finds the following: (1) Hundreds of American corporations are shipping thousands of jobs to foreign countries. (2) United States companies either send American jobs overseas, or choose to employ cheap overseas labor, instead of American workers. (3) Shifting of jobs occurs in all industry sectors including manufacturing, services, supply chain, and all others. 3. Amendments (a) Civilian agency contracts (1) Amendment Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: 4713. Preference for keeping jobs in the United States (a) Preference The head of an executive agency shall give a preference for an offeror that certifies to retain jobs performed in the United States (regardless of the citizenship of the employee) and uses products substantially manufactured in the United States and services provided in the United States for the contract for which an offer is made. (b) Applicability to subcontracts The preference described under subsection (a) applies to the award of a contract by an executive agency and the award of any subcontract (at any tier) in the performance of such contract. (c) Certification To be eligible for the preference described under subsection (a), an offeror shall submit a certification that confirms the offeror and any subcontractor (if applicable)— (1) has not relocated jobs from the United States to foreign countries in the preceding five years; (2) has not established foreign facilities to perform the same function that otherwise could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States; (3) will not relocate jobs from the United States to foreign countries during the period of performance of the contract