I 111th CONGRESS 2d Session H. R. 6514 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.

1.

Short title

This Act may be cited as the Protecting Jobs in Your State Act of 2010.

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.