S.Amdt. 282

SA 282. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

On page 431, between lines 8 and 9, insert the following:

SEC. 1607. PROGRAM OF STATE GRANTS TO ATTRACT AND RETAIN JOBS
IN INFORMATION TECHNOLOGY AND MANUFACTURING
SECTORS.

(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) employs not fewer than 20 full-time equivalent
employees in eligible jobs; and
(B) such jobs are located--
(i) in a foreign country; or
(ii) in the United States but would be relocated by such
entity to a foreign country without the assistance of a grant
awarded under the Program.
(2) Eligible job.--The term ``eligible job'' means, with
respect to an entity, a job in the information technology
sector or manufacturing sector in which the entity employs a
full-time equivalent employee.
(3) Eligible state.--The term ``eligible State'' means a
State that--
(A) submits an application in accordance with subsection
(d)(1);
(B) includes in such application a certification as
required by subsection (d)(2);
(C) agrees to make contributions pursuant to subsection
(d)(3); and
(D) any part of which is located within a labor surplus
area.
(4) Labor surplus area.--The term ``labor surplus area''
means an area in the United States included in the most
recent classification of labor surplus areas by the Secretary
of Labor.
(5) Program.--The term ``Program'' means the program
established under subsection (b).
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Commerce.
(b) Establishment of Program.--
(1) In general.--Not later than 45 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 provide funds to States
to award grants to eligible entities for the purposes
described in paragraph (2).
(2) Purposes.--A grant awarded under the Program shall be
used by an eligible entity--
(A) to relocate an eligible job located in a foreign
country to a labor surplus area; or
(B) to retain an eligible job located in a labor surplus
area that the eligible entity would otherwise relocate to a
foreign country without the assistance of such grant.
(c) Allotment to States.--
(1) In general.--During the 2-year period beginning on the
date that is 90 days after the date of the enactment of this
Act, the Secretary shall provide $2,000,000,000 to eligible
States to enable such States to award grants under the
Program.
(2) Allotment among states.--From the amount provided
pursuant to paragraph (1), the Secretary shall allot to each
eligible State an amount which bears the same relationship to
the amount provided under paragraph (1) as the total number
of individuals in the State bears to the total number of
individuals in all eligible States.
(d) Requirements of States.--
(1) Application.--A State seeking funds under the Program
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Certification.--An application submitted under
paragraph (1) shall include a certification made by the
appropriate official of an eligible State that the State will
use any amount provided to the State under the Program in
accordance with the requirements of subsection (e).
(3) State matching requirement.--A State seeking funds
under the Program shall agree to make available non-Federal
funds to carry out the purposes of the Program in an amount
equal to not less than 30 percent of the amount allotted to
such State under subsection (c)(2).
(e) Grants to Eligible Entities.--
(1) In general.--Subject to subsection (g), not later than
1 year after the date that a State receives an amount under
subsection (c), the State shall use such amount to award
grants to eligible entities in that State to enable such
entities to relocate or retain eligible jobs as described in
subparagraph (A) or (B) of subsection (b)(2). A State may not
award a grant to any entity under the Program for the purpose
of relocating a job from one State to another State.
(2) Application.--
(A) In general.--An eligible entity seeking a grant from a
State under the program shall submit an application to the
Governor of that State at such time, in such manner, and
containing such information as the Governor may require.
(B) Certification.--An application submitted under
subparagraph (A) by an eligible entity shall include a
certification made by the entity that the entity will
relocate or retain eligible jobs as described in subparagraph
(A) or (B) of subsection (b)(2).
(3) Amounts.--A grant awarded by a State to an eligible
entity under the Program shall be disbursed by the State to
the entity in 2 installments as follows:

[[Page S1584]]

(A) Initial installment.--The initial installment of the
grant shall be disbursed to the entity as soon as practicable
after the grant is awarded in an amount equal to $5,000 per
eligible job that the entity--
(i) relocates from a foreign country to a labor surplus
area; or
(ii) retains in a labor surplus area that the entity would
otherwise relocate to a foreign country without the
assistance of such grant.
(B) Second installment.--Subject to paragraph (4), the
second installment of the grant shall be disbursed to the
entity as soon as practicable after the 366th day after the
grant is awarded in an amount equal to $4,000 per eligible
job that the entity--
(i) relocates as described in subparagraph (A)(i); or
(ii) retains as described in subparagraph (A)(ii).
(4) Certification of increase in employment.--
(A) In general.--To be eligible for the second installment
of a grant under paragraph (3)(B), an eligible entity awarded
a grant under the Program shall certify to the satisfaction
of the Governor of the State that awarded the grant that the
entity increased during the first year of the grant the
number of full-time equivalent employees employed by the
entity in an eligible job in a labor surplus area.
(B) Failure to certify.--If an eligible entity awarded a
grant under the Program fails to make the certification
required by subparagraph (A)--
(i) the entity shall not receive the second installment of
the grant under paragraph (3)(B); and
(ii) the grant awarded to such recipient shall be
terminated.
(f) Publication of Grant Awards.--
(1) Notice to secretary.--Not later than 30 days after the
date on which a State awards a grant under the Program, the
State shall submit to the Secretary such information
regarding the grant as the Secretary may require, including
the following:
(A) The name of the grant recipient.
(B) The number of eligible jobs to be relocated or
retained, as described in clause (i) or (ii) of subsection
(e)(3)(A), by the grant recipient.
(C) The labor surplus area concerned.
(2) In general.--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.
(g) State Administrative Costs.--Of the amount provided to
a State by the Secretary under the Program, an amount not to
exceed 5 percent may be used by such State for the costs of
administering the Program.
(h) Audits.--A State shall audit each eligible entity
awarded a grant under the Program to ensure that the entity
relocates or retains eligible jobs as described in
subparagraph (A) or (B) of subsection (b)(2).
(i) Report.--Not later than 410 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the Program.
(j) Direct Spending Authority and Offset.--
(1) Direct spending authority.--There is authorized to be
appropriated and is appropriated to the Secretary
$2,000,000,000 to carry out the Program.
(2) Availability.--The amounts appropriated under paragraph
(1) shall remain available for the purpose described in such
paragraph until September 30, 2010.
(3) Offset.--The amount appropriated or otherwise made
available by title XIV of this division under the heading
``State Fiscal Stabilization Fund'' and the amount described
in section 1401(c) of such title are each reduced by
$2,000,000,000.
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