I 

111TH CONGRESS 

1ST SESSION H. R. 4280 

To prohibit business enterprises that lay off a greater percentage of their 

United States workers than workers in other countries from receiving 

any Federal assistance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2009 

Mr. VISCLOSKY introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To prohibit business enterprises that lay off a greater percentage of their United States workers than workers 

in other countries from receiving any Federal assistance, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fighting for American 

5 Jobs Act of 2009’’. 


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1 SEC. 2. GENERAL REPORTING REQUIREMENTS FOR RE2 CEIPT OF FEDERAL ASSISTANCE BY BUSI3 NESS ENTERPRISES. 

4 (a) INITIAL REQUIREMENT.—Each Federal depart5 ment or agency that provides contracts, grants, loans, or 

6 loan guarantees to business enterprises after the date of 

7 the enactment of this Act shall require that, as condition 

8 of receipt of a contract, grant, loan, or loan guarantee, 

9 a business enterprise shall provide to the department or 

10 agency on an annual basis for the duration of the contract, 

11 grant, loan, or loan guarantee the following information: 

12 (1) The number of individuals employed by the 

13 business enterprise in the United States. 

14 (2) The number of individuals employed by the 

15 business enterprise outside the United States. 

16 (3) A description of the wages and benefits 

17 being provided to the employees of the business en18 terprise in the United States. 

19 (b) SUBSEQUENT REQUIREMENT.—Beginning 1 year 

20 after the date on which a Federal department or agency 

21 provides a contract, grant, loan, or loan guarantee to a 

22 business enterprise after the date of the enactment of this 

23 Act, the department or agency shall require the business 

24 enterprise to provide to the department or agency on an 

25 annual basis for the duration of the contract, grant, loan, 


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1 or loan guarantee a written certification that contains the 

2 following information: 

3 (1) The percentage of the workforce of the busi4 ness enterprise employed in the United States that 

5 has been laid off or induced to resign from the busi6 ness enterprise during the preceding year. 

7 (2) The percentage of the total workforce of the 

8 business enterprise that has been laid off or induced 

9 to resign from the business enterprise during the 

10 preceding year. 

11 SEC. 3. PROHIBITION ON FEDERAL ASSISTANCE TO BUSI12 NESS ENTERPRISES THAT LAY OFF A GREAT13 ER PERCENTAGE OF WORKERS IN THE 

14 UNITED STATES THAN IN OTHER COUNTRIES. 

15 Notwithstanding any other provision of law, if, in a 

16 written certification provided to a Federal department or 

17 agency by a business enterprise under section 2(b), the 

18 percentage described in section 2(b)(1) is greater than the 

19 percentage described in section 2(b)(2), then the business 

20 enterprise shall be ineligible for further assistance from 

21 the department or agency, and shall be ineligible for as22 sistance from any other Federal department or agency, 

23 unless and until the business enterprise provides to the 

24 department or agency involved a new written certification 

25 which provides that the percentage of the workforce of the 


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1 business enterprise employed in the United States is equal 

2 to or greater than such percentage for the year preceding 

3 the year for which the written certification under section 

4 2(b) was provided. 

5 SEC. 4. DEFINITIONS. 

6 In this Act: 

7 (1) The term ‘‘United States’’ includes the sev8 eral States, the District of Columbia, Puerto Rico, 

9 the Northern Mariana Islands, the Virgin Islands, 

10 Guam, American Samoa, and any other territory or 

11 possession of the United States. 

12 (2) The term ‘‘business enterprise’’ does not in13 clude a small business concern, as defined under the 

14 Small Business Act and regulations implementing 

15 that Act. 

Æ 


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