Rural America Job Assistance and Creation Act - Directs the Secretary of Labor to make matching grants to regional consortia meeting specified criteria to improve the job skills necessary for employment in specific industries.
Directs the Secretary of Commerce to make grants to establish and support entities that provide business incubator services (necessary to initiate and sustain operations of a newly established business, including legal, intellectual property, and technology services and planning) for small- and medium-sized businesses.
Directs the Comptroller General to study how rural infrastructure, venture capital, and Federal programs can enhance rural areas.
Amends the Worker Adjustment and Retraining Notification Act to require employer notification of Federal and State elected officials (as well as local ones) before dislocation of workers.
Amends the Immigration and Nationality Act to require submission of H-1B labor condition applications at same time as H-1B nonimmigrant classification petitions.
Amends the Internal Revenue Code to: (1) exclude certain amounts of severance payments from gross income; and (2) expand the work opportunity tax credit to include qualified small business employees.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 143 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 143
To provide job creation and assistance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2005
Mr. McHugh introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Ways and Means, Judiciary, and Financial Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide job creation and assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural America Job Assistance and
Creation Act''.
SEC. 2. GRANTS FOR REGIONAL SKILLS ALLIANCE SKILL DEVELOPMENT.
(a) Authorization.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Commerce, shall award grants to eligible
entities described in subsection (b) to assist such entities to
improve the job skills necessary for employment in specific
industries.
(2) Eligible entities described.--
(A) In general.--An eligible entity described in
this subsection is a consortium that--
(i) shall consist of representatives from
not less than 5 businesses, or a lesser number
of businesses if such lesser number of
businesses employs at least 30 percent of the
employees in the industry involved in the
region (or a nonprofit organization that
represents such businesses);
(ii) may consist of representatives from--
(I) labor organizations;
(II) State and local government;
and
(III) educational institutions;
(iii) is established to serve one or more
particular industries; and
(iv) is established to serve a particular
geographic region.
(B) Majority of representatives.--A majority of the
representatives comprising the consortium shall be
representatives described in subparagraph (A)(i).
(3) Priority for small businesses.--In providing grants
under paragraph (1), the Secretary of Labor shall give priority
to an eligible entity if a majority of representatives forming
the entity represent small-business concerns (as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
(4) Maximum amount of grant.--The amount of a grant awarded
to an eligible entity under paragraph (1) may not exceed
$1,000,000 for any fiscal year.
(b) Use of Amounts.--
(1) In general.--The Secretary of Labor may not award a
grant under subsection (a) to an eligible entity unless such
entity agrees to use amounts received from such grant to
improve the job skills necessary for employment by businesses
in the industry with respect to which such entity was
established.
(2) Conduct of program.--
(A) In general.--In carrying out the program
described in paragraph (1), the eligible entity may
provide for--
(i) an assessment of training and job skill
needs for the industry;
(ii) the development of a sequence of skill
standards that are benchmarked to advanced
industry practices;
(iii) the development of curriculum and
training methods, including, where appropriate,
e-learning or technology-based training;
(iv) the purchase, lease, or receipt of
donations of training equipment;
(v) the identification of training
providers and the development of partnerships
between the industry and educational
institutions, including community colleges;
(vi) the development of apprenticeship
programs;
(vii) the development of training programs
for workers, including dislocated workers;
(viii) the development of training plans
for businesses; and
(ix) the development of the membership of
the entity.
(B) Additional requirement.--In carrying out the
program described in paragraph (1), the eligible entity
shall provide for the development and tracking of
performance outcome measures for the program and the
training providers involved in the program.
(3) Administrative costs.--The eligible entity may use not
more than 10 percent of the amount of a grant to pay for
administrative costs associated with the program described in
paragraph (1).
(c) Requirement of Matching Funds.--
(1) In general.--The Secretary of Labor may not award a
grant under subsection (a) to an eligible entity unless such
entity agrees that the entity will make available non-Federal
contributions toward the costs of carrying out activities under
the grant in an amount that is not less than $2 for each $1 of
Federal funds provided under the grant, of which--
(A) $1 shall be provided by the businesses
participating in the entity; and
(B) $1 shall be provided by the State or local
government involved.
(2) Other contributions.--
(A) Equipment.--Equipment donations to facilities
that are not owned or operated by the members of the
eligible entity involved and that are shared by such
members may be included in determining compliance with
paragraph (1).
(B) Limitation.--An eligible entity may not include
in-kind contributions in complying with the requirement
of paragraph (1). The Secretary of Labor may consider
such donations in ranking applications.
(d) Limit on Administrative Expenses.--The Secretary of Labor may
use not more than 5 percent of the amounts made available to carry out
this section to pay the Federal administrative costs associated with
awarding grants under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2006, 2007, and 2008, and such sums as are necessary for each
fiscal year thereafter.
SEC. 3. GRANTS FOR REGIONAL SKILLS ALLIANCE PLANNING.
(a) Authorization.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Commerce, shall award grants to States to
enable such States to assist businesses, organizations, and
agencies described in section 2(a)(2) in conducting planning to
form consortia described in such section.
(2) Maximum amount of grant.--The amount of a grant awarded
to a State under paragraph (1) may not exceed $500,000 for any
fiscal year.
(b) Application.--The Secretary of Labor may not award a grant
under subsection (a) to a State unless such State submits to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may reasonably require.
(c) Requirement of Matching Funds.--The Secretary of Labor may not
award a grant under subsection (a) to a State unless such State agrees
that it will make available non-Federal contributions toward the costs
of carrying out activities under this section in an amount that is not
less than $1 for each $1 of Federal funds provided under the grant.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2006.
SEC. 4. GRANTS FOR SUPPORT OF BUSINESS INCUBATOR ACTIVITIES.
(a) Purpose.--It is the purpose of this section to encourage
entrepreneurial creativity and risk taking through the support of the
furnishing of business incubator services for newly established small
businesses and medium-sized businesses.
(b) Grant Program.--To achieve the purpose of this section, the
Secretary of Commerce shall carry out a program to provide, through
grants, financial assistance for the establishment and support of
entities that provide business incubator services in support of the
initiation and initial sustainment of business activities by newly
established small businesses and medium-sized businesses.
(c) Awards of Grants.--
(1) Eligibility requirements.--The Secretary shall
prescribe the eligibility requirements for the awarding of
grants under this section.
(2) Competitive selection.--The Secretary shall use a
competitive process for the awarding of grants under this
section and, under that process, select recipients of the
grants on the basis of merit, with priority given to
underserved rural and urban communities.
(3) Applications for grants.--The Secretary shall prescribe
the form and content of applications required for grants under
this section.
(d) Additional Administrative Authorities.--
(1) Cost-sharing.--The Secretary may require the recipient
of a grant under this section to defray a specific level of its
operating expenses for business incubator services out of funds
available from sources other than the Federal Government.
(2) Additional terms and conditions.--The Secretary, in
awarding a grant, may impose any other terms and conditions for
the use of the proceeds of the grant that the Secretary
determines appropriate for carrying out the purpose of this
section and to protect the interests of the United States,
including the requirement that entities providing business
incubator services that receive a grant under this section
develop a plan for ultimately becoming self-sufficient.
(e) Definitions.--In this section:
(1) Business incubator services.--The term ``business
incubator services'' includes professional and technical
services necessary for the initiation and initial sustainment
of operations of a newly established business, including such
services as the following:
(A) Legal services.--Legal services, including aid
in preparing corporate charters, partnership
agreements, and basic contracts.
(B) Intellectual property services.--Services in
support of the protection of intellectual property
through patents, trademarks, or otherwise.
(C) Technology services.--Services in support of
the acquisition and use of advanced technology,
including the use of Internet services and web-based
services.
(D) Planning.--Advice on--
(i) strategic planning; and
(ii) marketing, including advertising.
(2) Small business and medium-sized business.--
(A) Secretary to prescribe.--The Secretary shall
prescribe the definitions of the terms ``small
business'' and ``medium-sized business'' for the
purpose of this section.
(B) Small business standards.--In defining the term
``small business'' for the purpose of this section, the
Secretary shall apply the standards applicable for the
definition of the term ``small-business concern'' under
section 3 of the Small Business Act (15 U.S.C. 632).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(f) Regulations.--The Secretary shall prescribe regulations for the
grant program administered under this section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated for the Department of Commerce to carry out this section
$50,000,000 for fiscal year 2006, and $200,000,000 for each fiscal year
thereafter.
SEC. 5. NOTIFICATION OF FEDERAL AND STATE ELECTED OFFICIALS PRIOR TO
DISLOCATION OF WORKERS.
Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by inserting
``Federal, State, and'' after ``the unit of''.
SEC. 6. SUBMISSION OF H-1B LABOR CONDITION APPLICATION AT SAME TIME AS
CLASSIFICATION PETITION.
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)) is amended by adding at the end the following: ``The
application under this paragraph shall be submitted by an employer at
the same time as the classification petition is filed under section 214
relating to the H-1B nonimmigrants who are the subject of the
application.''.
SEC. 7. EXCLUSION FROM INCOME OF SEVERANCE PAYMENT AMOUNTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139 the
following new section:
``SEC. 139A. SEVERANCE PAYMENTS.
``(a) In General.--In the case of an individual, gross income shall
not include any qualified severance payment.
``(b) Limitation.--The amount to which the exclusion under
subsection (a) applies shall not exceed $25,000 with respect to each
separation from employment described in subsection (c)(1)(B).
``(c) Qualified Severance Payment.--For purposes of this section--
``(1) In general.--The term `qualified severance payment'
means any payment received by an individual if--
``(A) such payment was paid by such individual`s
employer on account of such individual's separation
from employment, and
``(B) such separation was in connection with a
reduction in the work force of the employer.
``(2) Limitation.--Such term shall not include any payment
received by an individual if the aggregate payments received
with respect to the separation from employment exceed
$150,000.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139 the following new items:
``139A. Severance payments.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 8. EXPANSION OF WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 (relating to members of targeted groups) is amended by striking
``or'' at the end of subparagraph (G), by striking the period at the
end of subparagraph (H) and inserting ``, or'', and by adding at the
end the following:
``(I) a qualified small business employee.''.
(b) Qualified Small Business Employee.--Section 51(d) of the
Internal Revenue Code of 1986 is amended by redesignating paragraphs
(10) through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following:
``(10) Qualified small business employee.--
``(A) In general.--The term `qualified small
business employee' means any individual--
``(i) hired by a qualified small business
located in a development zone, or
``(ii) hired by a qualified small business
and who is certified by the designated local
agency as residing in such a development zone.
``(B) Qualified small business.--The term
`qualified small business' has the meaning given the
term `small employer' by section 4980D(d)(2).
``(C) Development zone.--For purposes of this
section--
``(i) In general.--The term `development
zone' means any area--
``(I) which is nominated under the
procedures defined in sections
1400E(a)(1)(A) and 1400E(a)(4) for
renewal communities;
``(II) which the Secretary of
Housing and Urban Development
designates as a development zone, after
consultation with the Secretary of
Commerce;
``(III) which has a population of
not less than 5,000 and not more than
150,000;
``(IV) which has a poverty rate not
less than 20 percent (within the
meaning of section 1400E(c)(3)(C));
``(V) which has an average annual
rate of job growth of less than 2
percent during any 3 years of the
preceding 5-year period; and
``(VI) which, during the period
beginning January 1, 1990 and ending
with the date of the enactment of this
section, has a net out-migration of
inhabitants, or other population loss,
from the area of at least 2 percent of
the population of the area during such
period.
``(ii) Number of designations.--The
Secretary of Housing and Urban Development may
not designate more than 100 development zones.
``(D) Special rules for determining amount of
credit.--For purposes of applying this subpart to wages
paid or incurred to any qualified small business
employee--
``(i) subsection (a) shall be applied by
substituting `20 percent of the qualified
first, second, third, fourth, or fifth year
wages' for `40 percent of the qualified first
year wages', and
``(ii) in lieu of paragraphs (2) and (3) of
subsection (b), the following definitions and
special rule shall apply:
``(I) Qualified first-year wages.--
The term `qualified first-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning with the day the individual
begins work for the employer.
``(II) Qualified second-year
wages.--The term `qualified second-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (I).
``(III) Qualified third-year
wages.--The term `qualified third-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (II).
``(IV) Qualified fourth-year
wages.--The term `qualified fourth-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (III).
``(V) Qualified fifth-year wages.--
The term `qualified fifth-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning on the day after the last day
of the 1-year period with respect to
such individual determined under
subclause (IV).
``(VI) Only first $15,000 of wages
per year taken into account.--The
amount of the qualified first, second,
third, fourth, and fifth year wages
which may be taken into account with
respect to any individual shall not
exceed $15,000 per year.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Domestic and International Monetary Policy, Trade, and Technology.
Referred to the Subcommittee on Immigration, Border Security, and Claims.