Act, no Federal agency shall award a grant or contract, 
make a loan guarantee, or provide any other funding, or 
enter into an obligation to award a grant or contract, 
make a loan guarantee, or provide any other funding, to 
a company of interest unless the company of interest has 
provided documentation to the Federal agency that indi-
cates either that the company has not outsourced jobs dur-
ing the previous five years or that the company has ful-
filled the requirements under subsection (a) or (b). 
(d) OBLIGATION CONDITION.—Any obligation en-
tered into by a Federal agency to award a grant or con-
tract, make a loan guarantee, or provide any other funding 
to a company of interest shall include the condition that 
if the company of interest outsources any jobs after such 
obligation is entered into and before the company of inter-
est is to receive the grant, contract, loan guarantee, or 
other funding, the Federal agency shall not award the 
grant or contract, make the loan guarantee, or provide the 
other funding. 
(e) OUTSOURCING AGREEMENT.—A Federal agency 
may award a grant or contract, make a loan guarantee, 
or provide any other funding, or enter into an obligation 
to award a grant or contract, make a loan guarantee, or 
provide any other funding, to a company of interest only 
if the company of interest agrees—
(1) not to outsource any jobs within 18 months 
after the Federal agency awards the grant or con-
tract, makes the loan guarantee, or provides the 
other funding; and 
(2) if the company of interest does not satisfy 
the agreement described in paragraph (1), to pay to 
the Federal agency that awards the grant or con-
tract, makes the loan guarantee, or provides the 
other funding an amount equal to the total value be-
fore the outsourcing of one year’s wages and bene-
fits for each of the jobs outsourced within 18 
months after the company of interest receives the 
grant, contract, loan guarantee, or other funding. 
(f) NATIONAL SECURITY EXCEPTION.—The restric-
tions and penalties under this section shall not apply if 
the Federal agency awards a grant or contract, makes a 
loan guarantee, or provides any other funding, or enters 
into an obligation to award a grant or contract, make a 
loan guarantee, or provide any other funding, for purposes 
of national security. 
(g) IMPLEMENTATION
AND
REGULATIONS.—The 
Secretary of Commerce shall coordinate the Federal agen-
cies’ implementation of the documentation requirement 
described in subsection (c). The Secretary of Commerce
shall prescribe regulations necessary to carry out this sec-
tion. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) COMPANY OF INTEREST.—The term ‘‘com-
pany of interest’’ means—
(A) a corporation or other legal entity or-
ganized under the laws of the United States; 
(B) a subsidiary of a corporation or legal 
entity described in subparagraph (A); 
(C) a corporation or other legal entity that 
employed at least 50 employees to perform serv-
ices in the United States at any one time on or 
after January 1, 1980; or 
(D) a corporation or other legal entity with 
$1,000,000 or more annual gross income that is 
effectively connected with the conduct of a 
trade or business within the United States. 
(2) NEW JOBS.—The term ‘‘new jobs’’ means 
jobs created by a company of interest such that with 
respect to each new job the total value of wages and 
benefits is equal to or greater than the average total 
value of wages and benefits of the jobs outsourced 
by the company of interest during the previous five 
years.
(3) OUTSOURCE.—The term ‘‘outsource’’ means 
to hire employees to perform services outside the 
United States when the services previously had been 
performed in the United States. 
(4) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the several States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Amer-
ican Samoa, Guam, the Virgin Islands, and any 
other territory or possession of the United States. 
SEC. 3. EFFECTIVE DATE. 
This Act shall take effect one year after the date of 
its enactment.
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