S.Amdt. 2099

SA 2099. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FEDERAL MATCHING FUNDS TO STATE INCENTIVES.

(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Armed Services, and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, and the Committee on Homeland
Security of the House of Representatives;
(2) the term ``covered entity'' means a private entity to
which a governmental entity has offered a covered incentive;
(3) the term ``covered incentive''--

[[Page S3530]]

(A) means an incentive offered by a governmental entity to
a private entity for the purposes of building within the
jurisdiction of the governmental entity, or expanding an
existing facility within that jurisdiction--
(i) a fabrication (or other essential) facility relating to
the manufacturing of current or next generation
semiconductors; or
(ii) any other facility that enables the manufacturing of
current or next generation semiconductors or the assembly,
testing, and packaging of current or next generation
semiconductors; and
(B) includes any tax incentive (such as an incentive or
reduction with respect to employment or payroll taxes or a
tax abatement with respect to personal or real property), a
workforce-related incentive (including a grant agreement
relating to workforce training or vocational education), any
concession with respect to real property, and any other
incentive determined appropriate by the Secretary, in
consultation with the Secretary of State;
(4) the term ``governmental entity'' means a State or local
government; and
(5) the term ``Secretary'' means the Secretary of Commerce.
(b) Matching Funds.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section, provides matching funds to
covered entities.
(2) Procedure.--
(A) In general.--A covered entity that has been offered a
covered incentive and that desires to receive matching funds
under this subsection shall submit to the Secretary an
application that describes the project to which that covered
incentive relates.
(B) Considerations for review.--With respect to the review
by the Secretary of an application submitted by a covered
entity under subparagraph (A)--
(i) the Secretary may not approve the application unless
the Secretary--

(I) confirms that the covered entity has agreed to build or
expand in the applicable jurisdiction a facility described in
subsection (a)(3)(A); and
(II) determines that building or expanding the facility
described in subclause (I) is in the interest of the United
States; and

(ii) the Secretary may consider whether--

(I) the covered entity has previously received a grant made
under this subsection;
(II) the applicable governmental entity has benefitted from
a grant previously made under this subsection; and
(III) the covered entity is located in a State that has a
per capita income that is not greater than the per capita
income of the United States.

(3) Priority.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, ensure
that the Secretary approves not less than 1 application with
respect to building or expanding a facility that enables the
assembly, testing, and packaging of current or next
generation semiconductors.
(4) Amount.--The amount of matching funds provided by the
Secretary to a covered entity under this subsection shall be
in an amount that is not less than the value of the
applicable covered incentive offered to the covered entity,
as determined by the Secretary.
(5) Clawback.--The Secretary shall recover the full amount
of matching funds provided to a covered entity under this
subsection if--
(A) as of the date that is 5 years after the date on which
the Secretary provides the funds, the applicable project to
which the applicable covered incentive relates has not been
completed, except that the Secretary may issue a waiver with
respect to the requirement under this subparagraph if the
Secretary determines that issuing such a waiver is
appropriate and in the interests of the United States; or
(B) during the applicable term with respect to those funds,
the covered entity engages in any joint research or
technology licensing effort--
(i) with the Government of the People's Republic of China,
the Government of the Russian Federation, the Government of
Iran, or the Government of North Korea; and
(ii) that relates to a sensitive technology or product, as
determined by the Secretary.
(c) Consultation and Coordination Required.--In carrying
out the program established under subsection (b), the
Secretary shall consult and coordinate with the Secretary of
State.
(d) GAO Reviews.--The Comptroller General of the United
States shall--
(1) not later than 2 years after the date of enactment of
this Act, and biennially thereafter until the date that is 10
years after that date of enactment, conduct a review of the
program established under subsection (b), which shall include
a determination of the number of instances in which matching
funds were provided under that subsection during the period
covered by the review in violation of a requirement under
this section; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
(e) Direct Appropriation.--
(1) In general.--There is appropriated to the Secretary,
out of any money in the Treasury not otherwise appropriated,
$10,000,000,000 to carry out this section, to remain
available until expended.
(2) Emergency requirement.--The amount provided by
paragraph (1) is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
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