[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.
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