America Recruits Act of 2010 - Directs the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development, to establish a program to award grants to eligible intermediaries to make loans to eligible entities to assist them, when deciding whether to locate eligible jobs in foreign countries or in the United States, in locating information technology and manufacturing jobs in economic development districts or targeted labor surplus areas (whose unemployment rate is at least 140% of the U.S. unemployment rate).
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5084 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5084
To require the Secretary of Commerce to establish a loan program to
assist in the locating of information technology and manufacturing jobs
in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2010
Mr. Murphy of New York (for himself and Mr. Smith of Washington)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
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 require the Secretary of Commerce to establish a loan program to
assist in the locating of information technology and manufacturing jobs
in the United States, 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 ``America Recruits Act of 2010''.
SEC. 2. PROGRAM OF LOANS TO ATTRACT JOBS IN INFORMATION TECHNOLOGY AND
MANUFACTURING SECTORS.
(a) Definitions.--In this section:
(1) Economic development district.--The term ``economic
development district'' has the meaning given the term in
section 3 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3122).
(2) Eligible entity.--The term ``eligible entity'' means an
entity that employs not fewer than 20 full-time equivalent
employees in eligible jobs.
(3) Eligible intermediary.--The term ``eligible
intermediary'' has the meaning given the term ``eligible
recipient'' in section 3 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3122).
(4) Eligible job.--The term ``eligible job'' means, with
respect to an entity, a job--
(A) that is related to information technology or is
in the manufacturing sector; and
(B) in which the entity employs a full-time
equivalent employee.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Commerce.
(6) Targeted labor surplus area.--The term ``targeted labor
surplus area'' means an area in the United States that, on the
date on which the program is established under subsection (b)--
(A) is included in the most recent classification
of labor surplus areas by the Secretary of Labor; or
(B) has a high unemployment rate or is experiencing
significant economic distress, as determined by the
Secretary of Commerce.
(b) Program Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall, acting through the
Assistant Secretary of Commerce for Economic Development, establish a
program to assist eligible entities, when deciding whether to locate
eligible jobs in foreign countries or in the United States, in locating
such jobs in economic development districts or targeted labor surplus
areas.
(c) Federal Grants to Eligible Intermediaries.--
(1) In general.--The Secretary shall carry out the program
required by subsection (b) through the award of grants to
eligible intermediaries to provide loans to eligible entities
to assist such eligible entities in locating eligible jobs in
economic development districts or targeted labor surplus areas.
(2) Schedule of grant awards.--Not later than 390 days
after the date of the enactment of this Act, the Secretary
shall complete the award of all grants to eligible
intermediaries under this subsection.
(3) Total amount of grant awards.--The total amount of
grants awarded by the Secretary to eligible intermediaries
under this subsection shall be not less than $40,500,000.
(4) Application.--
(A) In general.--An eligible intermediary seeking a
grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
require.
(B) Opportunities for submittal.--The Secretary
shall provide 2 opportunities to submit an application
under this paragraph. The second opportunity to submit
an application shall be not more than 90 days after the
first opportunity.
(C) Certification.--An application submitted under
subparagraph (A) shall include a certification made by
the appropriate official of the eligible intermediary
that the eligible intermediary will use any grant award
received by the eligible intermediary under this
subsection in accordance with the requirements of
subsection (d).
(5) Evaluation.--
(A) In general.--The Secretary shall evaluate each
application submitted under paragraph (4) for purposes
of this subsection using the factors described in
subparagraph (B).
(B) Factors.--In evaluating an eligible
intermediary for receipt of a grant under this
subsection, the Secretary shall consider the following
factors:
(i) The amount of non-Federal funds the
eligible intermediary expects to make available
to assist eligible entities in locating
eligible jobs in economic development districts
or targeted labor surplus areas.
(ii) The quality of eligible jobs to be
located with assistance from the eligible
intermediary and the difficulty of the
relocation, with preference for those eligible
intermediaries expected to assist in the
location of higher quality eligible jobs or
eligible jobs that are more difficult to
relocate.
(iii) The number of eligible jobs expected
to be located as a result of receiving a grant.
(iv) Whether the State in which the
eligible intermediary proposes to establish a
loan program under subsection (d) has a plan to
promote the sale and marketing of goods
produced in the State and whether the
application of the eligible intermediary is
consistent with such plan.
(v) Whether the State in which the eligible
intermediary proposes to establish a loan
program under subsection (d) has made
significant progress in developing a strategic
plan in accordance with section 276 of the
Trade Act of 1974 (19 U.S.C. 2371e).
(vi) If the eligible intermediary proposes
to provide assistance with locating eligible
jobs in a targeted labor surplus area not
located in an economic development district,
the following:
(I) The severity of the
unemployment level of the State in
which the targeted labor surplus area
is located, determined by comparing the
average number of unemployed
individuals in such State for the 2-
year period ending on the date on which
the Secretary establishes the program
under subsection (b) to the average
number of unemployed individuals in all
States for the same period.
(II) The extent by which the per
capita income of the targeted labor
surplus area is less than the average
per capita income of the State in which
such area is located.
(vii) If the eligible intermediary expects
to apply for 1 or more grants under section
275, 278, or 279A of the Trade Act of 1974 (19
U.S.C. 2371d, 2372, and 2373), how the eligible
intermediary plans to integrate the loan
program to be established by the eligible
intermediary under subsection (d) with the
activities relating to such grants.
(C) Submittal of applications to governors.--Upon
the request of a Governor of a State, the Secretary
shall submit to such Governor a list of all applicants
who--
(i) request a grant under this subsection
to establish a loan program under subsection
(d) in such State; and
(ii) the Secretary considers the most
qualified for a grant under this subsection.
(6) Approval.--The Secretary shall approve or disapprove
each application submitted under paragraph (5) for a grant to
carry out a loan program under subsection (d) in a State as the
Secretary considers would have the greatest positive economic
effect on the economy of such State. In determining whether to
approve or disapprove an application, the Secretary may take
into account the recommendation on such application by the
Governor of such State.
(7) Matching requirement.--
(A) In general.--An eligible intermediary seeking a
grant under this subsection shall agree to make
available non-Federal funds to carry out the purposes
of the program required by subsection (b) in an amount
equal to not less than 25 percent of the grant awarded
to such eligible intermediary under this subsection.
(B) Limitation.--Non-Federal funds under
subparagraph (A) may not include in-kind contributions.
(d) Loans From Eligible Intermediaries to Eligible Entities.--
(1) In general.--Each eligible intermediary receiving a
grant under subsection (c) shall use the grant to establish a
program to provide assistance to eligible entities in locating
eligible jobs in economic development districts or targeted
labor surplus areas.
(2) Loans.--
(A) In general.--An eligible intermediary with a
program under paragraph (1) shall carry out such
program by awarding loans to eligible entities to cover
the costs incurred by such entities in carrying out the
location of eligible jobs as described in paragraph
(1).
(B) Schedule of loan awards.--Each eligible
intermediary with a program under paragraph (1) shall
complete the awarding of loans under such program not
later than 180 days after the date that the eligible
intermediary receives a grant under subsection (c).
(3) Loan terms and conditions.--The following shall apply
with respect to loans provided under paragraph (2):
(A) Term.--Loans shall have a term of 2 years.
(B) Interest rates.--Loans shall not bear any
interest.
(4) Amounts.--A loan awarded by an eligible intermediary to
an eligible entity under this subsection shall be disbursed by
the eligible intermediary to the eligible entity in 2
installments as follows:
(A) Initial installment.--The initial installment
of the loan shall be disbursed to the eligible entity
as soon as practicable after the loan is awarded in an
amount equal to $5,000 per eligible job not located in
an economic development district or targeted labor
surplus area that the eligible entity intends to locate
in an economic development district or targeted labor
surplus area under this subsection.
(B) Second installment.--Subject to paragraph
(5)(B), the second installment of the loan shall be
disbursed to the eligible entity as soon as practicable
after the 366th day after the initial installment is
disbursed in an amount equal to $5,000 per eligible job
that the eligible entity successfully locates in an
economic development district or targeted labor surplus
area that was not located in an economic development
district or targeted labor surplus area on the day
before the eligible entity was awarded the loan.
(5) Certification of increase in employment.--
(A) Initial certification.--Not earlier than the
335th day of a loan under this subsection and not later
than the 365th day of such loan, the eligible entity
awarded the loan shall certify to the satisfaction of
the eligible intermediary that--
(i) the eligible entity increased, during
the first year of the loan, the number of full-
time equivalent employees employed by the
eligible entity in an eligible job in an
economic development district or a targeted
labor surplus area;
(ii) such increase was consistent with the
purpose of locating eligible jobs in economic
development districts or targeted labor surplus
areas; and
(iii) the eligible entity has not reduced,
during the first year of the loan, the number
of full-time equivalent employees who are
employed in eligible jobs outside the economic
development district or targeted labor surplus
area--
(I) in the State; and
(II) in other States.
(B) Final certification.--Not earlier than the
720th day of a loan under this subsection and not later
than the 730th day of such loan, the eligible entity
awarded the loan shall certify to the satisfaction of
the eligible intermediary that--
(i) the eligible entity did not reduce,
during the second year of the loan, the number
of full-time equivalent employees employed by
the eligible entity in an eligible job in an
economic development district or a targeted
labor surplus area; and
(ii) the eligible entity has not reduced,
during the second year of the loan, the number
of full-time equivalent employees who are
employed in eligible jobs outside the economic
development district or targeted labor surplus
area--
(I) in the State; and
(II) in other States.
(C) Failure to certify.--
(i) Initial certification.--If an eligible
entity awarded a loan under this subsection
fails to make the certification required by
subparagraph (A), the eligible entity shall--
(I) be ineligible for the second
installment of the loan under paragraph
(4)(B); and
(II) repay to the eligible
intermediary the amount of the loan
received by the recipient.
(ii) Final certification.--If an eligible
entity awarded a loan under this subsection
fails to make the certification required by
subparagraph (B), the eligible entity shall
repay to the eligible intermediary the entire
amount of the loan received by the recipient.
(6) Loan forgiveness.--If an eligible entity makes the
certifications required by paragraph (5), the eligible
intermediary shall forgive the loan the eligible intermediary
provided to such eligible entity.
(7) Limitation.--An eligible intermediary may not award a
loan to any eligible entity under this subsection for the
purpose of relocating a job from one State to another State.
(8) Consultation and coordination.--To the extent
practicable, an eligible intermediary establishing a program
under this subsection shall carry out such program in
consultation and coordination with--
(A) State governments;
(B) local economic development agencies of States;
(C) local governments; and
(D) economic development districts.
(9) Administrative costs.--An eligible intermediary may not
use more than 5 percent of any grant received by the eligible
intermediary under subsection (c) for costs of administering a
program under paragraph (1).
(10) Audits.--Each eligible intermediary who establishes a
program under paragraph (1) shall audit each eligible entity
awarded a loan under this subsection to ensure that the
eligible entity locates eligible jobs in economic development
districts or targeted labor surplus areas.
(e) Publication of Loan Awards.--
(1) Notice to secretary.--Not later than 30 days after the
date on which an eligible intermediary awards a loan under
subsection (d), the eligible intermediary shall submit to the
Secretary such information regarding the loan as the Secretary
may require, including the following:
(A) The name of the loan recipient.
(B) The number of eligible jobs to be located in an
economic development district or a targeted labor
surplus area with assistance from the loan recipient.
(C) The economic development district or targeted
labor surplus area concerned.
(D) The State concerned.
(2) Publication on internet web site.--Not later than 30
days after the date on which the Secretary receives information
under paragraph (1), the Secretary shall publish such
information on the Internet Web site of the Department of
Commerce.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations to
carry out this section.
(g) Report.--Not later than 570 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the program required by subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary amounts as follows:
(1) To be awarded as grants under subsection (c),
$40,500,000.
(2) For the administration of the program required by
subsection (b), $2,000,000.
<all>
Introduced in House
Introduced in House
Referred to House Transportation and Infrastructure
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on 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 House Financial Services
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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