[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6514 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6514

 To prohibit the use of certain stimulus and disaster relief funds for 
                    business relocation incentives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 9, 2010

Mr. Latta (for himself and Ms. Jenkins) introduced the following bill; 
which was referred to the Committee on Oversight and Government Reform, 
and in addition to the Committees on Transportation and Infrastructure 
 and 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 prohibit the use of certain stimulus and disaster relief funds for 
                    business relocation incentives.

    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 ``Protecting Jobs in Your State Act of 
2010''.

SEC. 2. PROHIBITION ON USE OF CERTAIN STIMULUS AND DISASTER RELIEF 
              FUNDS FOR BUSINESS RELOCATION INCENTIVES.

    (a) In General.--A State or a political subdivision of a State may 
not use any funds described in subsection (b) as an incentive for a 
business--
            (1) to relocate a plant, facility, or other operation, in 
        whole or in part, from one State to another; or
            (2) to expand such an operation in a State in a manner that 
        will result in a reduction in such an operation in another 
        State.
    (b) Funds Described.--The funds described in this subsection are 
the following:
            (1) Funds made available under any of the following:
                    (A) The American Recovery and Reinvestment Act of 
                2009 (Public Law 111-5) or any amendment made by such 
                Act.
                    (B) The Hiring Incentives to Restore Employment Act 
                (Public Law 111-147) or any amendment made by such Act.
                    (C) Public Law 111-226 (relating to education jobs 
                and Medicaid payments to States) or any amendment made 
                by such Public Law.
                    (D) The Small Business Jobs Act of 2010 (H.R. 5297, 
                as enacted into law) or any amendment made by such Act.
                    (E) The Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5211 et seq.).
            (2) Funds for disaster relief administered by the Secretary 
        of Homeland Security.
    (c) Enforcement.--
            (1) Petition.--
                    (A) By political subdivision of state to 
                governor.--A political subdivision of a State may 
                submit to the Governor of such State a petition stating 
                that the political subdivision has been adversely 
                affected by a violation of subsection (a) and 
                requesting that the Governor submit to the Secretary of 
                Commerce a petition for an investigation of whether a 
                violation has occurred.
                    (B) By governor to secretary of commerce.--A 
                Governor who receives a petition under subparagraph (A) 
                may submit to the Secretary of Commerce a petition for 
                an investigation of whether a violation of subsection 
                (a) has occurred.
            (2) Investigation by secretary of commerce.--Upon receiving 
        a petition from a Governor under paragraph (1)(B), the 
        Secretary of Commerce shall conduct an investigation to 
        determine whether a violation of subsection (a) has occurred.
            (3) Results of investigation; referral to secretary of the 
        treasury.--If the Secretary of Commerce determines under 
        paragraph (2) that a violation of subsection (a) has occurred, 
        the State that committed the violation (or in the case of a 
        violation by a political subdivision of a State, the State of 
        which such political subdivision is a part) shall be liable to 
        the United States for the amount of funds used in violation of 
        such subsection. The Secretary of Commerce shall inform the 
        Secretary of the Treasury that the United States has a claim 
        against such State.
            (4) Collection by secretary of the treasury.--If the 
        Secretary of the Treasury is informed under paragraph (3) that 
        the United States has a claim against a State, the Secretary 
        shall take such action as is necessary to collect on such 
        claim.
            (5) Prohibition on receipt of certain funds until repayment 
        made.--A State that is determined to be liable to the United 
        States under paragraph (3) shall not receive any funds 
        described in subsection (b) during the period beginning on the 
        date of the determination of liability and ending on the date 
        on which the State fully repays to the United States the amount 
        of funds used in violation of subsection (a).
            (6) Rule of construction.--Nothing in this subsection shall 
        be construed to limit the authority or responsibility of any 
        other Federal official to enforce subsection (a) under other 
        Federal law.
    (d) GAO Report.--Biannually during the 5-year period that ends on 
the date that is 5 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the impact of the preceding provisions of this section. Such 
a report shall include, for the period covered by the report--
            (1) a statement of the number of petitions received by the 
        Secretary of Commerce under subsection (c)(1)(B) and a summary 
        of the disposition of such petitions, including a list of the 
        instances in which the Secretary found violations of subsection 
        (a);
            (2) a list of any claims of the United States described in 
        subsection (c)(3) that arose, were outstanding, or were 
        collected in whole or in part; and
            (3) a list of any funds that were withheld under subsection 
        (c)(5).
    (e) State Defined.--In this section, the term ``State'' includes 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the 
United States Virgin Islands, American Samoa, and the Commonwealth of 
the Northern Mariana Islands.
    (f) Effective Date.--This section shall apply with respect to funds 
obligated by a State or a political subdivision of a State after the 
date of the enactment of this Act.
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