[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3911 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3911

To make certain companies that have outsourced jobs during the previous 
   five years ineligible for the receipt of Federal grants, Federal 
contracts, Federal loan guarantees, and other Federal funding, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2004

  Ms. Waters introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To make certain companies that have outsourced jobs during the previous 
   five years ineligible for the receipt of Federal grants, Federal 
contracts, Federal loan guarantees, and other Federal funding, 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. FEDERAL FUNDING PROHIBITION.

    (a) Prohibition.--Except as provided in subsection (b) or (f), and 
unless the Federal agency is acting under an obligation entered into 
before the effective date of this Act, no Federal agency shall award a 
grant or contract, make a loan guarantee, or provide any other funding, 
or enter into an obligation to award a grant or contract, make a loan 
guarantee, or provide any other funding, to a company of interest that 
has outsourced any jobs during the previous five years unless the 
company of interest--
            (1) has not outsourced any jobs during the previous two 
        years; and
            (2) has created in the United States since the company of 
        interest last outsourced any jobs, and continues to maintain in 
        the United States, a number of new jobs within the same company 
        of interest that is equal to at least 50 percent of the total 
        number of jobs that were outsourced by the company of interest 
        during the previous five years.
    (b) Agreement to Create New Jobs.--A Federal agency may award a 
grant or contract, make a loan guarantee, or provide any other funding, 
or enter into an obligation to award a grant or contract, make a loan 
guarantee, or provide any other funding, to a company of interest that 
has outsourced jobs during the previous five years only if the company 
of interest agrees--
            (1) to create in the United States, not later than 18 
        months after the company has received the grant, contract, loan 
        guarantee, or other funding, a number of new jobs within the 
        same company of interest that is equal to at least 50 percent 
        of the total number of jobs that were outsourced by the company 
        of interest during the previous five years, and to maintain 
        such new jobs in the United States for at least 18 months;
            (2) to pay to the Federal agency that awards the grant or 
        contract, makes the loan guarantee, or provides the other 
        funding an amount equal to 125 percent of the total value of 
        the grant, contract, loan guarantee, or other funding if the 
        company of interest does not create the new jobs described in 
        paragraph (1); and
            (3) to pay to the Federal agency that awards the grant or 
        contract, makes the loan guarantee, or provides the other 
        funding an amount, to be determined by the Federal agency, that 
        is not more than 125 percent of the total value of the grant, 
        contract, loan guarantee, or other funding if the Federal 
        agency finds that the company of interest did not in good faith 
        attempt to maintain for at least 18 months the new jobs that 
        the company of interest created pursuant to the agreement 
        described in paragraph (1).
    (c) Documentation.--Except as provided in subsection (f), and 
unless the Federal agency is acting under an obligation entered into 
before the effective date of this Act, no Federal agency shall award a 
grant or contract, make a loan guarantee, or provide any other funding, 
or enter into an obligation to award a grant or contract, make a loan 
guarantee, or provide any other funding, to a company of interest 
unless the company of interest has provided documentation to the 
Federal agency that indicates either that the company has not 
outsourced jobs during the previous five years or that the company has 
fulfilled the requirements under subsection (a) or (b).
    (d) Obligation Condition.--Any obligation entered into by a Federal 
agency to award a grant or contract, make a loan guarantee, or provide 
any other funding to a company of interest shall include the condition 
that if the company of interest outsources any jobs after such 
obligation is entered into and before the company of interest is to 
receive the grant, contract, loan guarantee, or other funding, the 
Federal agency shall not award the grant or contract, make the loan 
guarantee, or provide the other funding.
    (e) Outsourcing Agreement.--A Federal agency may award a grant or 
contract, make a loan guarantee, or provide any other funding, or enter 
into an obligation to award a grant or contract, make a loan guarantee, 
or provide any other funding, to a company of interest only if the 
company of interest agrees--
            (1) not to outsource any jobs within 18 months after the 
        Federal agency awards the grant or contract, makes the loan 
        guarantee, or provides the other funding; and
            (2) if the company of interest does not satisfy the 
        agreement described in paragraph (1), to pay to the Federal 
        agency that awards the grant or contract, makes the loan 
        guarantee, or provides the other funding an amount equal to the 
        total value before the outsourcing of one year's wages and 
        benefits for each of the jobs outsourced within 18 months after 
        the company of interest receives the grant, contract, loan 
        guarantee, or other funding.
    (f) National Security Exception.--The restrictions and penalties 
under this section shall not apply if the Federal agency awards a grant 
or contract, makes a loan guarantee, or provides any other funding, or 
enters into an obligation to award a grant or contract, make a loan 
guarantee, or provide any other funding, for purposes of national 
security.
    (g) Implementation and Regulations.--The Secretary of Commerce 
shall coordinate the Federal agencies' implementation of the 
documentation requirement described in subsection (c). The Secretary of 
Commerce shall prescribe regulations necessary to carry out this 
section.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Company of interest.--The term ``company of interest'' 
        means--
                    (A) a corporation or other legal entity organized 
                under the laws of the United States;
                    (B) a subsidiary of a corporation or legal entity 
                described in subparagraph (A);
                    (C) a corporation or other legal entity that 
                employed at least 50 employees to perform services in 
                the United States at any one time on or after January 
                1, 1980; or
                    (D) a corporation or other legal entity with 
                $1,000,000 or more annual gross income that is 
                effectively connected with the conduct of a trade or 
                business within the United States.
            (2) New jobs.--The term ``new jobs'' means jobs created by 
        a company of interest such that with respect to each new job 
        the total value of wages and benefits is equal to or greater 
        than the average total value of wages and benefits of the jobs 
        outsourced by the company of interest during the previous five 
        years.
            (3) Outsource.--The term ``outsource'' means to hire 
        employees to perform services outside the United States when 
        the services previously had been performed in the United 
        States.
            (4) United states.--The term ``United States'' means the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the Virgin Islands, and any other 
        territory or possession of the United States.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect one year after the date of its 
enactment.
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