II 

111TH CONGRESS 

2D SESSION S. 3001 

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 SENATE OF THE UNITED STATES 

FEBRUARY 4, 2010 

Mr. WARNER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

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. 

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 ‘‘America Recruits Act 

5 of 2009’’. 


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1 SEC. 2. PROGRAM OF LOANS TO ATTRACT JOBS IN INFOR2 MATION TECHNOLOGY AND MANUFAC3 TURING SECTORS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ECONOMIC DEVELOPMENT DISTRICT.—The 

6 term ‘‘economic development district’’ has the mean7 ing given the term in section 3 of the Public Works 

8 and Economic Development Act of 1965 (42 U.S.C. 

9 3122). 

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means an entity that employs not fewer than 20 

12 full-time equivalent employees in eligible jobs. 

13 (3) ELIGIBLE INTERMEDIARY.—The term ‘‘eli14 gible intermediary’’ has the meaning given the term 

15 ‘‘eligible recipient’’ in section 3 of the Public Works 

16 and Economic Development Act of 1965 (42 U.S.C. 

17 3122). 

18 (4) ELIGIBLE JOB.—The term ‘‘eligible job’’ 

19 means, with respect to an entity, a job— 

20 (A) that is related to information tech21 nology or is in the manufacturing sector; and 

22 (B) in which the entity employs a full-time 

23 equivalent employee. 

24 (5) SECRETARY.—Except as otherwise provided, 

25 the term ‘‘Secretary’’ means the Secretary of Com26 merce. 


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1 (6) TARGETED LABOR SURPLUS AREA.—The 

2 term ‘‘targeted labor surplus area’’ means an area 

3 in the United States that, on the date on which the 

4 program is established under subsection (b)— 

5 (A) is included in the most recent classi6 fication of labor surplus areas by the Secretary 

7 of Labor; and 

8 (B) has an unemployment rate equal to or 

9 greater than 140 percent of the unemployment 

10 rate of the United States. 

11 (b) PROGRAM REQUIRED.—Not later than 180 days 

12 after the date of the enactment of this Act, the Secretary 

13 shall, acting through the Assistant Secretary of Commerce 

14 for Economic Development, establish a program to assist 

15 eligible entities, when deciding whether to locate eligible 

16 jobs in foreign countries or in the United States, in locat17 ing such jobs in economic development districts or tar18 geted labor surplus areas. 

19 (c) FEDERAL GRANTS TO ELIGIBLE INTER20 MEDIARIES.— 

21 (1) IN GENERAL.—The Secretary shall carry 

22 out the program required by subsection (b) through 

23 the award of grants to eligible intermediaries to pro24 vide loans to eligible entities to assist such eligible 


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1 entities in locating eligible jobs in economic develop2 ment districts or targeted labor surplus areas. 

3 (2) SCHEDULE OF GRANT AWARDS.—Not later 

4 than 390 days after the date of the enactment of 

5 this Act, the Secretary shall complete the award of 

6 all grants to eligible intermediaries under this sub7 section. 

8 (3) TOTAL AMOUNT OF GRANT AWARDS.—The 

9 total amount of grants awarded by the Secretary to 

10 eligible intermediaries under this subsection shall be 

11 not less than $40,500,000. 

12 (4) APPLICATION.— 

13 (A) IN GENERAL.—An eligible inter14 mediary seeking a grant under this subsection 

15 shall submit an application to the Secretary at 

16 such time, in such manner, and containing such 

17 information as the Secretary may require. 

18 (B) OPPORTUNITIES FOR SUBMITTAL.— 

19 The Secretary shall provide 2 opportunities to 

20 submit an application under this paragraph. 

21 The second opportunity to submit an applica22 tion shall be not more than 90 days after the 

23 first opportunity. 

24 (C) CERTIFICATION.—An application sub25 mitted under subparagraph (A) shall include a 


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1 certification made by the appropriate official of 

2 the eligible intermediary that the eligible inter3 mediary will use any grant award received by 

4 the eligible intermediary under this subsection 

5 in accordance with the requirements of sub6 section (d). 

7 (5) EVALUATION.— 

8 (A) IN GENERAL.—The Secretary shall 

9 evaluate each application submitted under para10 graph (4) for purposes of this subsection using 

11 the factors described in subparagraph (B). 

12 (B) FACTORS.—In evaluating an eligible 

13 intermediary for receipt of a grant under this 

14 subsection, the Secretary shall consider the fol15 lowing factors: 

16 (i) The amount of non-Federal funds 

17 the eligible intermediary expects to make 

18 available to assist eligible entities in locat19 ing eligible jobs in economic development 

20 districts or targeted labor surplus areas. 

21 (ii) The quality of eligible jobs to be 

22 located with assistance from the eligible 

23 intermediary and the difficulty of the relo24 cation, with preference for those eligible 

25 intermediaries expected to assist in the loVerDate Nov 24 2008 22:34 Feb 08, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3001.IS S3001

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1 cation of higher quality eligible jobs or eli2 gible jobs that are more difficult to relo3 cate. 

4 (iii) The number of eligible jobs ex5 pected to be located as a result of receiving 

6 a grant. 

7 (iv) Whether the State in which the 

8 eligible intermediary proposes to establish 

9 a loan program under subsection (d) has a 

10 plan to promote the sale and marketing of 

11 goods produced in the State and whether 

12 the application of the eligible intermediary 

13 is consistent with such plan. 

14 (v) Whether the State in which the el15 igible intermediary proposes to establish a 

16 loan program under subsection (d) has 

17 made significant progress in developing a 

18 strategic plan in accordance with section 

19 276 of the Trade Act of 1974 (19 U.S.C. 

20 2371e). 

21 (vi) If the eligible intermediary pro22 poses to provide assistance with locating 

23 eligible jobs in a targeted labor surplus 

24 area not located in an economic develop25 ment district, the following: 


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1 (I) The severity of the unemploy2 ment level of the State in which the 

3 targeted labor surplus area is located, 

4 determined by comparing the average 

5 number of unemployed individuals in 

6 such State for the 2-year period end7 ing on the date on which the Sec8 retary establishes the program under 

9 subsection (b) to the average number 

10 of unemployed individuals in all 

11 States for the same period. 

12 (II) The extent by which the per 

13 capita income of the targeted labor 

14 surplus area is less than the average 

15 per capita income of the State in 

16 which such area is located. 

17 (vii) If the eligible intermediary ex18 pects to apply for 1 or more grants under 

19 section 275, 278, or 279A of the Trade 

20 Act of 1974 (19 U.S.C. 2371d, 2372, and 

21 2373), how the eligible intermediary plans 

22 to integrate the loan program to be estab23 lished by the eligible intermediary under 

24 subsection (d) with the activities relating 

25 to such grants. 


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1 (C) SUBMITTAL OF APPLICATIONS TO GOV2 ERNORS.—Upon the request of a Governor of a 

3 State, the Secretary shall submit to such Gov4 ernor a list of all applicants who— 

5 (i) request a grant under this sub6 section to establish a loan program under 

7 subsection (d) in such State; and 

8 (ii) the Secretary considers the most 

9 qualified for a grant under this subsection. 

10 (6) APPROVAL.—The Secretary shall approve or 

11 disapprove each application submitted under para12 graph (5) for a grant to carry out a loan program 

13 under subsection (d) in a State as the Secretary con14 siders would have the greatest positive economic ef15 fect on the economy of such State. In determining 

16 whether to approve or disapprove an application, the 

17 Secretary may take into account the recommenda18 tion on such application by the Governor of such 

19 State. 

20 (7) MATCHING REQUIREMENT.— 

21 (A) IN GENERAL.—An eligible inter22 mediary seeking a grant under this subsection 

23 shall agree to make available non-Federal funds 

24 to carry out the purposes of the program re25 quired by subsection (b) in an amount equal to 


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1 not less than 25 percent of the grant awarded 

2 to such eligible intermediary under this sub3 section. 

4 (B) LIMITATION.—Non-Federal funds 

5 under subparagraph (A) may not include in6 kind contributions. 

7 (d) LOANS FROM ELIGIBLE INTERMEDIARIES TO EL8 IGIBLE ENTITIES.— 

9 (1) IN GENERAL.—Each eligible intermediary 

10 receiving a grant under subsection (c) shall use the 

11 grant to establish a program to provide assistance to 

12 eligible entities in locating eligible jobs in economic 

13 development districts or targeted labor surplus 

14 areas. 

15 (2) LOANS.— 

16 (A) IN GENERAL.—An eligible inter17 mediary with a program under paragraph (1) 

18 shall carry out such program by awarding loans 

19 to eligible entities to cover the costs incurred by 

20 such entities in carrying out the location of eli21 gible jobs as described in paragraph (1). 

22 (B) SCHEDULE OF LOAN AWARDS.—Each 

23 eligible intermediary with a program under 

24 paragraph (1) shall complete the awarding of 

25 loans under such program not later than 180 


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1 days after the date that the eligible inter2 mediary receives a grant under subsection (c). 

3 (3) LOAN TERMS AND CONDITIONS.—The fol4 lowing shall apply with respect to loans provided 

5 under paragraph (2): 

6 (A) TERM.—Loans shall have a term of 2 

7 years. 

8 (B) INTEREST RATES.—Loans shall not 

9 bear any interest. 

10 (4) AMOUNTS.—A loan awarded by an eligible 

11 intermediary to an eligible entity under this sub12 section shall be disbursed by the eligible inter13 mediary to the eligible entity in 2 installments as 

14 follows: 

15 (A) INITIAL INSTALLMENT.—The initial 

16 installment of the loan shall be disbursed to the 

17 eligible entity as soon as practicable after the 

18 loan is awarded in an amount equal to $5,000 

19 per eligible job not located in an economic de20 velopment district or targeted labor surplus 

21 area that the eligible entity intends to locate in 

22 an economic development district or targeted 

23 labor surplus area under this subsection. 

24 (B) SECOND INSTALLMENT.—Subject to 

25 paragraph (5)(B), the second installment of the 


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1 loan shall be disbursed to the eligible entity as 

2 soon as practicable after the 366th day after 

3 the initial installment is disbursed in an amount 

4 equal to $5,000 per eligible job that the eligible 

5 entity successfully locates in an economic devel6 opment district or targeted labor surplus area 

7 that was not located in an economic develop8 ment district or targeted labor surplus area on 

9 the day before the eligible entity was awarded 

10 the loan. 

11 (5) CERTIFICATION OF INCREASE IN EMPLOY12 MENT.— 

13 (A) INITIAL CERTIFICATION.—Not earlier 

14 than the 335th day of a loan under this sub15 section and not later than the 365th day of 

16 such loan, the eligible entity awarded the loan 

17 shall certify to the satisfaction of the eligible 

18 intermediary that— 

19 (i) the eligible entity increased, during 

20 the first year of the loan, the number of 

21 full-time equivalent employees employed by 

22 the eligible entity in an eligible job in an 

23 economic development district or a tar24 geted labor surplus area; 


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1 (ii) such increase was consistent with 

2 the purpose of locating eligible jobs in eco3 nomic development districts or targeted 

4 labor surplus areas; and 

5 (iii) the eligible entity has not re6 duced, during the first year of the loan, 

7 the number of full-time equivalent employ8 ees who are employed in eligible jobs out9 side the economic development district or 

10 targeted labor surplus area— 

11 (I) in the State; and 

12 (II) in other States. 

13 (B) FINAL CERTIFICATION.—Not earlier 

14 than the 720th day of a loan under this sub15 section and not later than the 730th day of 

16 such loan, the eligible entity awarded the loan 

17 shall certify to the satisfaction of the eligible 

18 intermediary that— 

19 (i) the eligible entity did not reduce, 

20 during the second year of the loan, the 

21 number of full-time equivalent employees 

22 employed by the eligible entity in an eligi23 ble job in an economic development district 

24 or a targeted labor surplus area; and 


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1 (ii) the eligible entity has not reduced, 

2 during the second year of the loan, the 

3 number of full-time equivalent employees 

4 who are employed in eligible jobs outside 

5 the economic development district or tar6 geted labor surplus area— 

7 (I) in the State; and 

8 (II) in other States. 

9 (C) FAILURE TO CERTIFY.— 

10 (i) INITIAL CERTIFICATION.—If an el11 igible entity awarded a loan under this 

12 subsection fails to make the certification 

13 required by subparagraph (A), the eligible 

14 entity shall— 

15 (I) be ineligible for the second in16 stallment of the loan under paragraph 

17 (4)(B); and 

18 (II) repay to the eligible inter19 mediary the amount of the loan re20 ceived by the recipient. 

21 (ii) FINAL CERTIFICATION.—If an eli22 gible entity awarded a loan under this sub23 section fails to make the certification re24 quired by subparagraph (B), the eligible 

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1 mediary the entire amount of the loan re2 ceived by the recipient. 

3 (6) LOAN FORGIVENESS.—If an eligible entity 

4 makes the certifications required by paragraph (5), 

5 the eligible intermediary shall forgive the loan the el6 igible intermediary provided to such eligible entity. 

7 (7) LIMITATION.—An eligible intermediary may 

8 not award a loan to any eligible entity under this 

9 subsection for the purpose of relocating a job from 

10 one State to another State. 

11 (8) CONSULTATION AND COORDINATION.—To 

12 the extent practicable, an eligible intermediary es13 tablishing a program under this subsection shall 

14 carry out such program in consultation and coordi15 nation with— 

16 (A) State governments; 

17 (B) local economic development agencies of 

18 States; 

19 (C) local governments; and 

20 (D) economic development districts. 

21 (9) ADMINISTRATIVE COSTS.—An eligible inter22 mediary may not use more than 5 percent of any 

23 grant received by the eligible intermediary under 

24 subsection (c) for costs of administering a program 

25 under paragraph (1). 


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1 (10) AUDITS.—Each eligible intermediary who 

2 establishes a program under paragraph (1) shall 

3 audit each eligible entity awarded a loan under this 

4 subsection to ensure that the eligible entity locates 

5 eligible jobs in economic development districts or 

6 targeted labor surplus areas. 

7 (e) PUBLICATION OF LOAN AWARDS.— 

8 (1) NOTICE TO SECRETARY.—Not later than 30 

9 days after the date on which an eligible intermediary 

10 awards a loan under subsection (d), the eligible 

11 intermediary shall submit to the Secretary such in12 formation regarding the loan as the Secretary may 

13 require, including the following: 

14 (A) The name of the loan recipient. 

15 (B) The number of eligible jobs to be lo16 cated in an economic development district or a 

17 targeted labor surplus area with assistance 

18 from the loan recipient. 

19 (C) The economic development district or 

20 targeted labor surplus area concerned. 

21 (D) The State concerned. 

22 (2) PUBLICATION ON INTERNET WEB SITE.— 

23 Not later than 30 days after the date on which the 

24 Secretary receives information under paragraph (1), 


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1 the Secretary shall publish such information on the 

2 Internet Web site of the Department of Commerce. 

3 (f) REGULATIONS.—Not later than 180 days after 

4 the date of the enactment of this Act, the Secretary shall 

5 prescribe regulations to carry out this section. 

6 (g) REPORT.—Not later than 570 days after the date 

7 of the enactment of this Act, the Secretary shall submit 

8 to Congress a report on the program required by sub9 section (b). 

10 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary 

12 amounts as follows: 

13 (1) To be awarded as grants under subsection 

14 (c), $40,500,000. 

15 (2) For the administration of the program re16 quired by subsection (b), $2,000,000. 

Æ 


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