U.S. Congress - Text of S.3479 as Introduced in Senate Building a Stronger America Act of 2012
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A bill to strengthen manufacturing in the United States through improved training, retention, and recruitment of workers, to deter evasion of antidumping and countervailing duty orders, and to promote United States exports, and for other purposes.
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S 3479 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3479CommentsClose CommentsPermalink
To strengthen manufacturing in the United States through improved training, retention, and recruitment of workers, to deter evasion of antidumping and countervailing duty orders, and to promote United States exports, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
August 1, 2012CommentsClose CommentsPermalink
August 1, 2012CommentsClose CommentsPermalink
Mr. PRYOR (for himself, Mr. BLUNT, Mr. BROWN of Ohio, Ms. SNOWE, Mr. WYDEN, and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To strengthen manufacturing in the United States through improved training, retention, and recruitment of workers, to deter evasion of antidumping and countervailing duty orders, and to promote United States exports, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Building a Stronger America Act of 2012’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Findings.CommentsClose CommentsPermalink
Sec. 3. Sense of Congress.CommentsClose CommentsPermalink
TITLE I--STRENGTHENING THE UNITED STATES MANUFACTURING SECTOR
Subtitle A--Strengthening Employment Clusters To Organize Regional Success
Sec. 101. Strengthening employment clusters to organize regional success.CommentsClose CommentsPermalink
Subtitle B--Workforce Innovation for New Jobs and Applied Education
Sec. 111. Innovation in investment pilot program.CommentsClose CommentsPermalink
Sec. 112. Registered apprenticeship programs.CommentsClose CommentsPermalink
Subtitle C--Attracting Jobs and Certification and Training Standards
Sec. 121. Inbound investment program to recruit jobs to the United States.CommentsClose CommentsPermalink
Sec. 122. Utilization of industry-approved certification assessments and standards to improve education and training program performance.CommentsClose CommentsPermalink
TITLE II--LEVELING THE PLAYING FIELD IN INTERNATIONAL TRADE
Subtitle A--Investigating Claims of Evasion of Antidumping and Countervailing Duty Orders
Part I--Procedures
Sec. 201. Procedures for investigating claims of evasion of antidumping and countervailing duty orders.CommentsClose CommentsPermalink
Sec. 202. Application to Canada and Mexico.CommentsClose CommentsPermalink
Part II--Other Matters
Sec. 211. Definitions.CommentsClose CommentsPermalink
Sec. 212. Allocation of U.S. Customs and Border Protection personnel.CommentsClose CommentsPermalink
Sec. 213. Regulations.CommentsClose CommentsPermalink
Sec. 214. Annual report on prevention of evasion of antidumping and countervailing duty orders.CommentsClose CommentsPermalink
Sec. 215. Government Accountability Office report on reliquidation authority.CommentsClose CommentsPermalink
Subtitle B--Foreign Direct Investment
Sec. 221. Report on enhancing competitiveness of United States in attracting foreign direct investment.CommentsClose CommentsPermalink
TITLE III--EXPORT PROMOTION
Sec. 301. Improved coordination of export promotion activities of Federal agencies by the Trade Promotion Coordinating Committee.CommentsClose CommentsPermalink
Sec. 302. Effective deployment of resources of the United States and Foreign Commercial Service.CommentsClose CommentsPermalink
Sec. 303. Strengthened commercial diplomacy to increase United States exports.CommentsClose CommentsPermalink
Sec. 304. Reports on distortive or discriminatory economic policies and practices of foreign countries.CommentsClose CommentsPermalink
SEC. 2. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) Between 1971 and 2011, the United States share of manufacturing output as a percentage of the world total has dropped by almost 10 percent, with 50 percent of this decline occurring during the last decade.CommentsClose CommentsPermalink
(2) Manufacturing has been a source of good jobs and has historically provided wages and benefits nine percent above the average for workers in the United States.CommentsClose CommentsPermalink
(3) The number of manufacturing sites in the United States fell from 397,552 in 2001 to 344,352 by June 2010, leaving more than 50,000 factories far below capacity or vacant.CommentsClose CommentsPermalink
(4) In 2010, the trade deficit of the United States in manufactured products with advanced technology was over $81,000,000,000.CommentsClose CommentsPermalink
(5) The percentage of people in the United States working in manufacturing fell from 12.5 percent in 1998 to 8.9 percent in 2008, and is expected to decline to 7.4 percent by 2018.CommentsClose CommentsPermalink
(6) United States service industries, including information technology, financial services, professional and business services, transportation and logistics, utilities, and others employ more than 90,000,000 people in the United States and have enjoyed significant growth over the last decade.CommentsClose CommentsPermalink
(7) The unemployment rate in the United States has been greater than 8 percent since January 2009.CommentsClose CommentsPermalink
(8) Exports currently support more than 1/3 of United States manufacturing jobs and more than $500,000,000,000 in services exports. The earnings of people in the United States who work for firms that export are more than 15 percent higher than those of similar workers at firms that do not export.CommentsClose CommentsPermalink
(9) Ninety-five percent of the world’s consumers of goods and services live outside the United States.CommentsClose CommentsPermalink
(10) To create the next generation of high-value jobs and to be competitive in the global marketplace, we need to expand the capacity of the manufacturing and traded services sectors to support exports.CommentsClose CommentsPermalink
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the ability of the United States to attract foreign investment is directly linked to the long-term economic prosperity, competitiveness, and security of the United States;CommentsClose CommentsPermalink
(2) in order to remain the most attractive location for global investment, Congress and Federal agencies should consider the potential impact upon the ability of the United States to attract foreign direct investment when evaluating proposed legislation or regulatory policy; andCommentsClose CommentsPermalink
(3) it is a top national priority to enhance the competitiveness, prosperity, and security of the United States by--CommentsClose CommentsPermalink
(A) removing unnecessary barriers to global investment in the United States and the jobs that it creates throughout the United States; andCommentsClose CommentsPermalink
(B) promoting policies to ensure the United States remains the premier destination for global companies to invest, hire, innovate, and manufacture their products.CommentsClose CommentsPermalink
TITLE I--STRENGTHENING THE UNITED STATES MANUFACTURING SECTORCommentsClose CommentsPermalink
TITLE I--STRENGTHENING THE UNITED STATES MANUFACTURING SECTORCommentsClose CommentsPermalink
Subtitle A--Strengthening Employment Clusters To Organize Regional SuccessCommentsClose CommentsPermalink
Subtitle A--Strengthening Employment Clusters To Organize Regional SuccessCommentsClose CommentsPermalink
SEC. 101. STRENGTHENING EMPLOYMENT CLUSTERS TO ORGANIZE REGIONAL SUCCESS.
The Stevenson-Wydler Technology Innovation Act of 1980 (
‘SEC. 28. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM.
‘(a) Purpose- It is the purpose of this section to promote industry or sector partnerships that lead collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster, in order to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters, including by developing--CommentsClose CommentsPermalink
‘(1) immediate strategies for regions and communities to fulfill pressing skilled workforce needs;CommentsClose CommentsPermalink
‘(2) long-term plans to grow targeted industry clusters with better training and a more productive workforce;CommentsClose CommentsPermalink
‘(3) core competencies and competitive advantages for regions and communities undergoing structural economic redevelopment; andCommentsClose CommentsPermalink
‘(4) skill standards, career ladders, job redefinitions, employer practices, and shared training and support capacities that facilitate the advancement of workers at all skill levels.CommentsClose CommentsPermalink
‘(b) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) CAREER LADDER- The term ‘career ladder’ means an identified series of positions, work experiences, and educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time.CommentsClose CommentsPermalink
‘(2) ECONOMIC SELF-SUFFICIENCY- The term ‘economic self-sufficiency’ means, with respect to a worker, earning a wage sufficient to support a family adequately over time, based on factors such as--CommentsClose CommentsPermalink
‘(A) family size;CommentsClose CommentsPermalink
‘(B) the number and ages of children in the family;CommentsClose CommentsPermalink
‘(C) the cost of living in the worker’s community; andCommentsClose CommentsPermalink
‘(D) other factors that may vary by region.CommentsClose CommentsPermalink
‘(3) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink
‘(A) an industry or sector partnership; orCommentsClose CommentsPermalink
‘(B) an eligible State agency.CommentsClose CommentsPermalink
‘(4) ELIGIBLE STATE AGENCY- The term ‘eligible State agency’ means a State agency designated by the Governor of the State in which the State agency is located for the purposes of the grant program under this section.CommentsClose CommentsPermalink
‘(5) HIGH-PRIORITY OCCUPATION- The term ‘high-priority occupation’ means an occupation that--CommentsClose CommentsPermalink
‘(A) has a significant presence in an industry cluster;CommentsClose CommentsPermalink
‘(B) is in demand by employers;CommentsClose CommentsPermalink
‘(C) pays family-sustaining wages that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to such wages;CommentsClose CommentsPermalink
‘(D) has or is in the process of developing a documented career ladder; andCommentsClose CommentsPermalink
‘(E) has a significant impact on a region’s economic development strategy.CommentsClose CommentsPermalink
‘(6) INDUSTRY CLUSTER- The term ‘industry cluster’ means a concentration of interconnected businesses, suppliers, research and development entities, service providers, and associated institutions in a particular field that are linked by common workforce needs.CommentsClose CommentsPermalink
‘(7) INDUSTRY OR SECTOR PARTNERSHIP- The term ‘industry or sector partnership’ means a workforce collaborative that is described as follows:CommentsClose CommentsPermalink
‘(A) MANDATORY PARTNERS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- An industry or sector partnership is a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster and includes, at the appropriate stage of development of the partnership--CommentsClose CommentsPermalink
‘(I) representatives of multiple firms or employers in the targeted industry cluster, including small- and medium-sized employers when practicable;CommentsClose CommentsPermalink
‘(II) one or more representatives of State labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representation exists;CommentsClose CommentsPermalink
‘(III) one or more representatives of local boards;CommentsClose CommentsPermalink
‘(IV) one or more representatives of postsecondary educational institutions or other training providers; andCommentsClose CommentsPermalink
‘(V) one or more representatives of State workforce agencies or other entities providing employment services.CommentsClose CommentsPermalink
‘(ii) DIVERSE AND DISTINCT REPRESENTATION- No individual may serve as a member in an industry or sector partnership, as defined in this paragraph, for more than one of the required categories described in subclauses (I) through (V) of clause (i).CommentsClose CommentsPermalink
‘(B) AUTHORIZED MEMBERS- An industry or sector partnership may include representatives of--CommentsClose CommentsPermalink
‘(i) State or local government;CommentsClose CommentsPermalink
‘(ii) State or local economic development agencies;CommentsClose CommentsPermalink
‘(iii) other State or local agencies;CommentsClose CommentsPermalink
‘(iv) chambers of commerce;CommentsClose CommentsPermalink
‘(v) nonprofit organizations;CommentsClose CommentsPermalink
‘(vi) philanthropic organizations;CommentsClose CommentsPermalink
‘(vii) economic development organizations;CommentsClose CommentsPermalink
‘(viii) industry associations; andCommentsClose CommentsPermalink
‘(ix) other organizations, as determined necessary by the members comprising the industry or sector partnership.CommentsClose CommentsPermalink
‘(8) INDUSTRY-RECOGNIZED- The term ‘industry-recognized’, used with respect to a credential, means a credential that--CommentsClose CommentsPermalink
‘(A) is sought or accepted by businesses within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, or hiring purposes; andCommentsClose CommentsPermalink
‘(B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector, where appropriate.CommentsClose CommentsPermalink
‘(9) NATIONALLY PORTABLE- The term ‘nationally portable’, used with respect to a credential, means a credential that is sought or accepted by businesses within the industry sector involved, across multiple States, as a recognized, preferred, or required credential for recruitment, screening, or hiring purposes.CommentsClose CommentsPermalink
‘(10) TARGETED INDUSTRY CLUSTER- The term ‘targeted industry cluster’ means an industry cluster that has--CommentsClose CommentsPermalink
‘(A) economic impact in a local area or regional area, such as advanced manufacturing, clean energy technology, and health care;CommentsClose CommentsPermalink
‘(B) immediate workforce development needs, such as advanced manufacturing, clean energy, technology, and health care; andCommentsClose CommentsPermalink
‘(C) documented career opportunities.CommentsClose CommentsPermalink
‘(11) WORKFORCE INVESTMENT TERMS- For purposes of this section and section 29, the terms ‘dislocated worker’, ‘economic development agencies’, ‘local area’, ‘local board’, ‘local educational agency’, ‘low-income individual’, ‘nontraditional employment’, ‘postsecondary educational institution’, ‘secondary school’, ‘State’, ‘State board’, ‘supportive services’, ‘unemployed individual’, ‘vocational education’, ‘workforce investment activity’, and ‘youth council’, shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (
29 U.S.C. 2801 ), except that a reference in section 101(46) of such Act (29 U.S.C. 2801(46) ) to ‘this title’ shall be considered to be a reference to this section.CommentsClose CommentsPermalink‘(c) Grants Authorized-CommentsClose CommentsPermalink
‘(1) IN GENERAL- From amounts appropriated to carry out this section, the Secretary shall award, on a competitive basis, grants described in paragraph (3) to eligible entities to enable the eligible entities to implement the eligible entities’ strategic objectives in accordance with subsection (d)(2)(D).CommentsClose CommentsPermalink
‘(2) MAXIMUM AMOUNT-CommentsClose CommentsPermalink
‘(A) MAXIMUM FOR IMPLEMENTATION GRANTS- A grant awarded under paragraph (3)(A) may not exceed a total of $2,500,000 for a 3-year period.CommentsClose CommentsPermalink
‘(B) MAXIMUM FOR RENEWED GRANTS- A grant renewed under paragraph (3)(C) may not exceed a total of $1,500,000 for a 3-year period.CommentsClose CommentsPermalink
‘(3) REQUIREMENTS; DURATION; RENEWAL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may award a grant under this section to an eligible entity that has established, or is in the process of establishing, an industry or sector partnership.CommentsClose CommentsPermalink
‘(B) DURATION- A grant under subparagraph (A) shall be for a duration of not more than 3 years, and may be renewed in accordance with subparagraph (C).CommentsClose CommentsPermalink
‘(C) RENEWAL- The Secretary may renew a grant under this section for not more than 3 years. A renewal of such grant shall be subject to the requirements of this section, except that the Secretary shall--CommentsClose CommentsPermalink
‘(i) prioritize renewals to eligible entities that can demonstrate the long-term sustainability of an industry or sector partnership funded under this section; andCommentsClose CommentsPermalink
‘(ii) require assurances that the eligible entity will leverage, in accordance with subparagraph (D)(ii) and for each year of the renewal period, additional funding sources for the non-Federal share of the grant which shall--CommentsClose CommentsPermalink
‘(I) be in an amount greater than--CommentsClose CommentsPermalink
‘(aa) the non-Federal share requirement required in accordance with subparagraph (D)(i)(III); andCommentsClose CommentsPermalink
‘(bb) for the second and third year of the renewal period, the non-Federal share amount the eligible entity provided for the preceding year of the grant; andCommentsClose CommentsPermalink
‘(II) include at least a 50 percent cash match from the State, the industry cluster, the eligible entity, or some combination thereof.CommentsClose CommentsPermalink
‘(D) FEDERAL AND NON-FEDERAL SHARE-CommentsClose CommentsPermalink
‘(i) FEDERAL SHARE- Except as provided in clause (iii) and subparagraph (C)(ii), the Federal share of a grant under this section shall be--CommentsClose CommentsPermalink
‘(I) 90 percent of the costs of the activities described in subsection (f) in the first year of the grant;CommentsClose CommentsPermalink
‘(II) 80 percent of such costs in the second year of the grant; andCommentsClose CommentsPermalink
‘(III) 70 percent of such costs in the third year of the grant.CommentsClose CommentsPermalink
‘(ii) NON-FEDERAL- The non-Federal share of a grant under this section may be in cash or in-kind, and may come from State, local, philanthropic, private, or other sources.CommentsClose CommentsPermalink
‘(iii) EXCEPTION- The Secretary may require the Federal share of a grant under this section to be 100 percent if an eligible entity receiving such grant is located in a State or local area that is receiving a national emergency grant under section 173 of the Workforce Investment Act of 1998 (
29 U.S.C. 2918 ).CommentsClose CommentsPermalink‘(4) FISCAL AGENT- Each eligible entity receiving a grant under this section that is an industry or sector partnership shall designate an entity in the partnership as the fiscal agent for purposes of this grant.CommentsClose CommentsPermalink
‘(5) USE OF GRANT FUNDS DURING GRANT PERIODS- An eligible entity receiving a grant under this section shall expend grant funds, or obligate grant funds to be expended, by the last day of the grant period.CommentsClose CommentsPermalink
‘(d) Application Process-CommentsClose CommentsPermalink
‘(1) IDENTIFICATION OF A TARGETED INDUSTRY CLUSTER- In order to qualify for a grant under this section, an eligible entity shall identify a targeted industry cluster that could benefit from such grant by--CommentsClose CommentsPermalink
‘(A) working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible entity determines necessary, to identify an appropriate targeted industry cluster based on criteria that include, at a minimum--CommentsClose CommentsPermalink
‘(i) data showing the competitiveness of the industry cluster;CommentsClose CommentsPermalink
‘(ii) the importance of the industry cluster to the economic development of the area served by the eligible entity, including estimation of jobs created or preserved;CommentsClose CommentsPermalink
‘(iii) the identification of supply and distribution chains within the industry cluster; andCommentsClose CommentsPermalink
‘(iv) research studies on industry clusters; andCommentsClose CommentsPermalink
‘(B) working with appropriate employment agencies, workforce investment boards, economic development agencies, community organizations, and other organizations that the eligible entity determines necessary to ensure that the targeted industry cluster identified under subparagraph (A) should be targeted for investment, based primarily on the following criteria:CommentsClose CommentsPermalink
‘(i) Demonstrated demand for job growth potential.CommentsClose CommentsPermalink
‘(ii) Employment base.CommentsClose CommentsPermalink
‘(iii) Wages and benefits.CommentsClose CommentsPermalink
‘(iv) Demonstrated importance of the targeted industry cluster to the area’s economy.CommentsClose CommentsPermalink
‘(v) Workforce development needs.CommentsClose CommentsPermalink
‘(2) APPLICATION- An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An application submitted under this paragraph shall contain, at a minimum, the following:CommentsClose CommentsPermalink
‘(A) A description of the eligible entity, evidence of the eligible entity’s capacity to carry out activities in support of the strategic objectives identified in the application under subparagraph (D), and a description of the expected participation and responsibilities of each of the mandatory partners described in subsection (b)(7)(A).CommentsClose CommentsPermalink
‘(B) A description of the targeted industry cluster for which the eligible entity intends to carry out activities through a grant under this section, and a description of how such targeted industry cluster was identified in accordance with paragraph (1).CommentsClose CommentsPermalink
‘(C) A description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be employed to help workers overcome such barriers.CommentsClose CommentsPermalink
‘(D) A description of the strategic objectives that the eligible entity intends to carry out for the targeted industry cluster, which objectives shall include--CommentsClose CommentsPermalink
‘(i) recruiting key stakeholders in the targeted industry cluster, such as multiple businesses and employers, labor organizations, local boards, and education and training providers, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted industry cluster;CommentsClose CommentsPermalink
‘(ii) identifying the training needs of multiple businesses, especially skill gaps critical to competitiveness and innovation to the targeted industry cluster;CommentsClose CommentsPermalink
‘(iii) facilitating economies of scale by aggregating training and education needs of multiple employers;CommentsClose CommentsPermalink
‘(iv) helping postsecondary educational institutions, training institutions, apprenticeship programs, and all other training programs authorized under the Workforce Investment Act of 1998 (
29 U.S.C. 2801 et seq.), align curricula, entrance requirements, and programs to industry demand and nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials, as determined appropriate by the Secretary), particularly for higher skill, high-priority occupations validated by the industry;CommentsClose CommentsPermalink‘(v) ensuring that the State agency carrying out the State program under the Wagner-Peyser Act (
29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, shall inform recipients of unemployment insurance of the job and training opportunities that may result from the implementation of this grant;CommentsClose CommentsPermalink‘(vi) informing and collaborating with organizations such as youth councils, business-education partnerships, apprenticeship programs, secondary schools, and postsecondary educational institutions, and with parents and career counselors, for the purpose of addressing the challenges of connecting disadvantaged adults as defined in section 132(b)(1)(B)(v) of the Workforce Investment Act of 1998 (
29 U.S.C. 2862(b)(1)(B)(v) ) and disadvantaged youth as defined in section 127(b)(2) of such Act (29 U.S.C. 2852(b)(2) ) to careers;CommentsClose CommentsPermalink‘(vii) helping companies identify, and work together to address, common organizational and human resource challenges, such as--CommentsClose CommentsPermalink
‘(I) recruiting new workers;CommentsClose CommentsPermalink
‘(II) implementing effective workplace practices;CommentsClose CommentsPermalink
‘(III) retraining dislocated and incumbent workers;CommentsClose CommentsPermalink
‘(IV) implementing a high-performance work organization;CommentsClose CommentsPermalink
‘(V) recruiting and retaining women in nontraditional employment;CommentsClose CommentsPermalink
‘(VI) adopting new technologies; andCommentsClose CommentsPermalink
‘(VII) fostering experiential and contextualized on-the-job learning;CommentsClose CommentsPermalink
‘(viii) developing and strengthening career ladders within and across companies, in order to enable dislocated, incumbent, and entry-level workers to improve skills and advance to higher-wage jobs;CommentsClose CommentsPermalink
‘(ix) improving job quality through improving wages, benefits, and working conditions;CommentsClose CommentsPermalink
‘(x) helping partner companies in industry or sector partnerships to attract potential employees from a diverse job seeker base, including individuals with barriers to employment (such as job seekers who are low-income individuals, youth, older workers, and individuals who have completed a term of imprisonment), by identifying such barriers through analysis of the existing labor market and implementing strategies to help such workers overcome such barriers; andCommentsClose CommentsPermalink
‘(xi) strengthening connections among businesses in the targeted industry cluster, leading to cooperation beyond workforce issues that will improve competitiveness and job quality, such as joint purchasing, market research, or centers for technology and innovation.CommentsClose CommentsPermalink
‘(E) A description of the nationally portable, industry-recognized credentials or, if not available, other credentials, related to the targeted industry cluster that the eligible entity proposes to support, develop, or use as a performance measure, in order to carry out the strategic objectives described in subparagraph (D).CommentsClose CommentsPermalink
‘(F) A description of the manner in which the eligible entity intends to make sustainable progress toward the strategic objectives.CommentsClose CommentsPermalink
‘(G) Performance measures for measuring progress toward the strategic objectives. Such performance measures--CommentsClose CommentsPermalink
‘(i) may consider the benefits provided by the grant activities funded under this section for workers employed in the targeted industry cluster, disaggregated by gender and race, such as--CommentsClose CommentsPermalink
‘(I) the number of workers receiving nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials) described in the application under subparagraph (E);CommentsClose CommentsPermalink
‘(II) the number of workers with increased wages, the percentage of workers with increased wages, and the average wage increase; andCommentsClose CommentsPermalink
‘(III) for dislocated or nonincumbent workers, the number of workers placed in sector-related jobs; andCommentsClose CommentsPermalink
‘(ii) may consider the benefits provided by the grant activities funded under this section for firms and industries in the targeted industry cluster, such as--CommentsClose CommentsPermalink
‘(I) the creation or updating of an industry plan to meet current and future workforce demand;CommentsClose CommentsPermalink
‘(II) the creation or updating of published industry-wide skill standards or career pathways;CommentsClose CommentsPermalink
‘(III) the creation or updating of nationally portable, industry-recognized credentials, or where there is not such a credential, the creation or updating of a training curriculum that can lead to the development of such a credential;CommentsClose CommentsPermalink
‘(IV) the number of firms, and the percentage of the local industry, participating in the industry or sector partnership; andCommentsClose CommentsPermalink
‘(V) the number of firms, and the percentage of the local industry, receiving workers or services through the grant funded under this section.CommentsClose CommentsPermalink
‘(H) A timeline for achieving progress toward the strategic objectives.CommentsClose CommentsPermalink
‘(I) An assurance that the eligible entity will leverage other funding sources, in addition to the amount required for the non-Federal share under subsection (c)(3)(D), to provide training or supportive services to workers under the grant program. Such additional funding sources may include--CommentsClose CommentsPermalink
‘(i) funding under title I of the Workforce Investment Act of 1998 (
29 U.S.C. 2801 et seq.) used for such training and supportive services;CommentsClose CommentsPermalink‘(ii) funding under the Adult Education and Family Literacy Act of 1998 (
20 U.S.C. 9201 et seq.);CommentsClose CommentsPermalink‘(iii) economic development funding;CommentsClose CommentsPermalink
‘(iv) employer contributions to training initiatives; orCommentsClose CommentsPermalink
‘(v) providing employees with employee release time for such training or supportive services.CommentsClose CommentsPermalink
‘(e) Award Basis-CommentsClose CommentsPermalink
‘(1) GEOGRAPHIC DISTRIBUTION- The Secretary shall award grants under this section in a manner that ensures geographic diversity.CommentsClose CommentsPermalink
‘(2) PRIORITIES- In awarding grants under this section, the Secretary shall give priority to eligible entities that--CommentsClose CommentsPermalink
‘(A) work with employers within a targeted industry cluster to retain and expand employment in high-wage, high-growth areas;CommentsClose CommentsPermalink
‘(B) focus on helping workers move toward economic self-sufficiency and ensuring the workers have access to adequate supportive services;CommentsClose CommentsPermalink
‘(C) address the needs of firms with limited human resources or in-house training capacity, including small- and medium-sized firms; andCommentsClose CommentsPermalink
‘(D) coordinate with entities carrying out State and local workforce investment activities, economic development, and education activities.CommentsClose CommentsPermalink
‘(f) Activities-CommentsClose CommentsPermalink
‘(1) IN GENERAL- An eligible entity receiving a grant under this section shall carry out the activities necessary to meet the strategic objectives, including planning activities if applicable, described in the entity’s application in a manner that--CommentsClose CommentsPermalink
‘(A) integrates services and funding sources in a way that enhances the effectiveness of the activities; andCommentsClose CommentsPermalink
‘(B) uses grant funds awarded under this section efficiently.CommentsClose CommentsPermalink
‘(2) PLANNING ACTIVITIES- Planning activities may only be carried out by an eligible entity receiving a grant under this section during the first year of the initial grant period. Not more than $250,000 of the grant funds may be used to carry out such activities.CommentsClose CommentsPermalink
‘(3) ADMINISTRATIVE COSTS- An eligible entity may retain not more than 5 percent of the grant funds awarded under this section for a fiscal year to carry out the administration of this section.CommentsClose CommentsPermalink
‘(g) Evaluation and Progress Reports-CommentsClose CommentsPermalink
‘(1) ANNUAL ACTIVITY REPORT AND EVALUATION- Not later than 1 year after receiving a grant under this section, and annually thereafter for the duration of the grant, an eligible entity shall--CommentsClose CommentsPermalink
‘(A) report to the Secretary, and to the Governor of the State that the eligible entity serves, on the activities funded pursuant to a grant under this section; andCommentsClose CommentsPermalink
‘(B) evaluate the progress the eligible entity has made toward the strategic objectives identified in the application under subsection (d)(2)(D), and measure the progress using the performance measures identified in the application under subsection (d)(2)(G).CommentsClose CommentsPermalink
‘(2) REPORT TO THE SECRETARY- An eligible entity receiving a grant under this section shall submit to the Secretary a report containing the results of the evaluation described in paragraph (1)(B) at such time and in such manner as the Secretary may require.CommentsClose CommentsPermalink
‘(h) Administration by the Secretary-CommentsClose CommentsPermalink
‘(1) ADMINISTRATIVE COSTS- The Secretary may retain not more than 10 percent of the funds appropriated to carry out this section for each fiscal year to administer this section.CommentsClose CommentsPermalink
‘(2) TECHNICAL ASSISTANCE AND OVERSIGHT- The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this section. The Secretary shall also provide technical assistance to eligible entities in the form of conferences and through the collection and dissemination of information on best practices. The Secretary may award a grant or contract to one or more national or State organizations to provide technical assistance to foster the planning, formation, and implementation of industry or sector partnerships.CommentsClose CommentsPermalink
‘(3) PERFORMANCE MEASURES- The Secretary shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible entities may use to evaluate the effectiveness of each type of activity in making progress toward the strategic objectives described in subsection (d)(2)(D). Such measures shall consider the benefits of the industry or sector partnership and its activities for workers, firms, industries, and communities.CommentsClose CommentsPermalink
‘(4) DISSEMINATION OF INFORMATION- The Secretary shall--CommentsClose CommentsPermalink
‘(A) coordinate the annual review of each eligible entity receiving a grant under this section and produce an overview report that, at a minimum, includes--CommentsClose CommentsPermalink
‘(i) the critical learning of each industry or sector partnership, such as--CommentsClose CommentsPermalink
‘(I) the training that was most effective;CommentsClose CommentsPermalink
‘(II) the human resource challenges that were most common;CommentsClose CommentsPermalink
‘(III) how technology is changing the targeted industry cluster; andCommentsClose CommentsPermalink
‘(IV) the changes that may impact the targeted industry cluster over the next 5 years; andCommentsClose CommentsPermalink
‘(ii) a description of what eligible entities serving similar targeted industry clusters consider exemplary practices, such as--CommentsClose CommentsPermalink
‘(I) how to work effectively with postsecondary educational institutions;CommentsClose CommentsPermalink
‘(II) the use of internships;CommentsClose CommentsPermalink
‘(III) coordinating with apprenticeships and cooperative education programs;CommentsClose CommentsPermalink
‘(IV) how to work effectively with schools providing vocational education;CommentsClose CommentsPermalink
‘(V) how to work effectively with adult populations, including--CommentsClose CommentsPermalink
‘(aa) dislocated workers;CommentsClose CommentsPermalink
‘(bb) women in nontraditional employment; andCommentsClose CommentsPermalink
‘(cc) individuals with barriers to employment, such as job seekers who--CommentsClose CommentsPermalink
‘(AA) are economically disadvantaged;CommentsClose CommentsPermalink
‘(BB) have limited English proficiency;CommentsClose CommentsPermalink
‘(CC) require remedial education;CommentsClose CommentsPermalink
‘(DD) are older workers;CommentsClose CommentsPermalink
‘(EE) are individuals who have completed a sentence for a criminal offense; orCommentsClose CommentsPermalink
‘(FF) have other barriers to employment;CommentsClose CommentsPermalink
‘(VI) employer practices that are most effective;CommentsClose CommentsPermalink
‘(VII) the types of training that are most effective;CommentsClose CommentsPermalink
‘(VIII) other areas where industry or sector partnerships can assist each other; andCommentsClose CommentsPermalink
‘(IX) alignment of curricula to nationally portable, industry-recognized credentials in the sectors where they are available or, if not available for the sector, other credentials, as described in the application under subsection (d)(2)(E);CommentsClose CommentsPermalink
‘(B) make resource materials, including all reports published and all data collected under this section, available on the Internet; andCommentsClose CommentsPermalink
‘(C) conduct conferences and seminars to--CommentsClose CommentsPermalink
‘(i) disseminate information on best practices developed by eligible entities receiving a grant under this section; andCommentsClose CommentsPermalink
‘(ii) provide information to the communities of eligible entities.CommentsClose CommentsPermalink
‘(5) REPORT- Not later than 18 months after the date of enactment of the Building a Stronger America Act of 2012 and on an annual basis thereafter, the Secretary shall transmit a report to Congress on the industry or sector partnership grant program established by this section. The report shall include a description of--CommentsClose CommentsPermalink
‘(A) the eligible entities receiving funding;CommentsClose CommentsPermalink
‘(B) the activities carried out by the eligible entities;CommentsClose CommentsPermalink
‘(C) how the eligible entities were selected to receive funding under this section; andCommentsClose CommentsPermalink
‘(D) an assessment of the results achieved by the grant program including findings from the annual reviews described in paragraph (4)(A).CommentsClose CommentsPermalink
‘(i) Rule of Construction- Nothing in this section shall be construed to permit the reporting or sharing of personally identifiable information collected or made available under this section.’.CommentsClose CommentsPermalink
Subtitle B--Workforce Innovation for New Jobs and Applied EducationCommentsClose CommentsPermalink
Subtitle B--Workforce Innovation for New Jobs and Applied EducationCommentsClose CommentsPermalink
SEC. 111. INNOVATION IN INVESTMENT PILOT PROGRAM.
The Stevenson-Wydler Technology Innovation Act of 1980 (
‘SEC. 29. INNOVATION IN INVESTMENT PILOT PROGRAM.
‘(a) Establishment- The Secretary shall establish and carry out a pilot program, to be known as the Innovation in Investment pilot program, through which the Secretary shall make grants as described in subsection (b), in order to facilitate the provision of workforce development activities through public-private partnerships.CommentsClose CommentsPermalink
‘(b) Grants to Eligible Consortia-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In carrying out the pilot program, the Secretary shall make grants on a competitive basis to eligible consortia in covered States to enable the consortia to establish and support State Innovation in Investment pilot programs.CommentsClose CommentsPermalink
‘(2) NUMBER AND RENEWABILITY OF GRANTS- The Secretary shall make the grants to not more than 5 consortia and in amounts of not more than $3,500,000 per grant. The Secretary shall not renew a grant made to a consortium under this subsection.CommentsClose CommentsPermalink
‘(c) Eligible Consortia-CommentsClose CommentsPermalink
‘(1) ELIGIBLE CONSORTIUM-CommentsClose CommentsPermalink
‘(A) IN GENERAL- To be eligible to receive a grant under this section, a consortium shall include--CommentsClose CommentsPermalink
‘(i) an eligible institution, which shall serve as the lead applicant for the grant;CommentsClose CommentsPermalink
‘(ii) 1 or more businesses that are representative of a local area in which the training will be provided;CommentsClose CommentsPermalink
‘(iii) 1 or more representatives of the State or local workforce investment system; andCommentsClose CommentsPermalink
‘(iv) 1 or more secondary schools, area career and technical education schools (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
20 U.S.C. 2302 )), or institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a) )) that provide a 2-year program described in section 101(a)(3) of such Act (20 U.S.C. 1001(a)(3) ).CommentsClose CommentsPermalink‘(B) MULTIPLE REPRESENTATIVES- To the maximum extent practicable, the eligible institution shall ensure that the eligible consortium includes more than one representative--CommentsClose CommentsPermalink
‘(i) of entities described in subparagraph (A)(ii);CommentsClose CommentsPermalink
‘(ii) of entities described in subparagraph (A)(iii); andCommentsClose CommentsPermalink
‘(iii) of entities described in subparagraph (A)(iv).CommentsClose CommentsPermalink
‘(2) COMMUNITY COLLEGE- In this section the term ‘community college’ means a community college, as defined in section 3301 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7011 ).CommentsClose CommentsPermalink‘(3) COVERED STATES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In this section, the term ‘covered State’ means a State--CommentsClose CommentsPermalink
‘(i) for which the percentage of individuals in the State in households with household incomes at or below the poverty line, is greater than the percentage of individuals in the United States in such households, as determined on the basis of data from the Bureau of the Census;CommentsClose CommentsPermalink
‘(ii) in which the percentage of the adult population with a baccalaureate degree is not more than 25 percent; andCommentsClose CommentsPermalink
‘(iii) that meets such other measures as the Secretary may determine to be appropriate.CommentsClose CommentsPermalink
‘(B) DEFINITION- In this paragraph, the term ‘poverty line’ has the meaning given the term in section 673 of the Community Services Block Grant Act (
42 U.S.C. 9902 ).CommentsClose CommentsPermalink‘(4) ELIGIBLE INSTITUTION- In this section, the term ‘eligible institution’ means--CommentsClose CommentsPermalink
‘(A) a local board, in partnership with 1 or more community colleges, at which training programs will occur under a grant described in subsection (b);CommentsClose CommentsPermalink
‘(B) a community college district, established by a State as a separate entity or governed by a community education board;CommentsClose CommentsPermalink
‘(C) a State community college system; orCommentsClose CommentsPermalink
‘(D) a community college.CommentsClose CommentsPermalink
‘(d) Applications- In order for a consortium to be eligible to receive a grant under this section, an eligible institution shall submit an application to the Secretary on behalf of the consortium at such time, in such manner, and containing such information as the Secretary shall require, including--CommentsClose CommentsPermalink
‘(1) a description of the training program to be carried out;CommentsClose CommentsPermalink
‘(2) a description of clear, relevant, and practical objectives for the program, including how the program will ensure integration of Federal, State, and local activities, train workers for high-wage and high-skill employment, maximize the return on public investment in the program, involve the private sector, and integrate external learning opportunities with classroom education;CommentsClose CommentsPermalink
‘(3) a description of how the consortium will facilitate development of a 21st century workforce in the State in which the consortium operates; andCommentsClose CommentsPermalink
‘(4)(A) standards, agreed on by all members of the consortium, for data collection on and evaluation of the performance of the program and participants in the program; andCommentsClose CommentsPermalink
‘(B) assurances that the consortium will participate in evaluations of that performance by the Secretary.CommentsClose CommentsPermalink
‘(e) Use of Funds-CommentsClose CommentsPermalink
‘(1) TRAINING PROGRAM- A consortium that receives a grant under this section shall use the funds made available under the grant--CommentsClose CommentsPermalink
‘(A) to support the development or expansion of a training program that is designed to enable participants to obtain employment (including pre-employment training, career counseling, or training that leads to skill certification, as determined by the Secretary);CommentsClose CommentsPermalink
‘(B) to provide educational assistance described in paragraph (3)(B) through an eligible institution in the consortium for such a program; andCommentsClose CommentsPermalink
‘(C) to otherwise support participation in--CommentsClose CommentsPermalink
‘(i) internship or cooperative activities approved by the consortium and described in an application submitted under subsection (d); orCommentsClose CommentsPermalink
‘(ii) a registered apprenticeship program carried out under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.).CommentsClose CommentsPermalink‘(2) PARTICIPANTS- The consortium shall provide training to unemployed individuals, or to postsecondary students who are not seeking a baccalaureate degree.CommentsClose CommentsPermalink
‘(3) ELIGIBLE INSTITUTIONS- An eligible institution that is part of the consortium shall provide, for a participant whose participation in the program leads to a degree, or to the extent practicable, to industry or professional certification or licensure--CommentsClose CommentsPermalink
‘(A) course credit for the training provided through such program; andCommentsClose CommentsPermalink
‘(B) reimbursement, in the form of educational assistance within the meaning of section 127(c)(1) of the Internal Revenue Code of 1986, for part or all of the expenses covered by subparagraph (A) of that section, at the institution and related to the program.CommentsClose CommentsPermalink
‘(f) Limit on Administrative Costs- Not more than 10 percent of the funds made available through grants received under this section shall be used to pay for administrative costs.CommentsClose CommentsPermalink
‘(g) Assessment and Reports-CommentsClose CommentsPermalink
‘(1) ASSESSMENT- The eligible institution in an eligible consortium that receives a grant under this section for a program shall carry out data collection concerning and assessment of the program.CommentsClose CommentsPermalink
‘(2) REPORTS- The eligible institution shall submit interim and final reports to the State in which the consortium operates, to the Secretary, and to the appropriate committees of Congress, containing a summary of the data and the results of the assessment. The reports shall include a description of the program, the stated objectives of the program, information on best practices and lessons learned from the program, information that describes how the businesses in the consortium helped to develop the program and curriculum for the program, information that describes the education gained by and employment outcomes of participants, recommendations regarding incentives for business and educational institutions to participate in similar programs and to carry out programs that complement and incorporate successful programs and resources to the extent practicable, and other relevant data that may be required by the Secretary. The eligible institution shall submit the interim report not later than 3 years after the date on which the grant is made, and the final report not later than 18 months after the end of the program.’.CommentsClose CommentsPermalink
SEC. 112. REGISTERED APPRENTICESHIP PROGRAMS.
The Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663;
‘SEC. 3A. REGISTERED APPRENTICESHIP PROGRAMS.
‘(a) Definition- In this section:CommentsClose CommentsPermalink
‘(1) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (
20 U.S.C. 1001(a) ).CommentsClose CommentsPermalink‘(2) NATIONAL APPRENTICESHIP SYSTEM- The term ‘national apprenticeship system’ means the organizations, including State apprenticeship agencies described in the first section of this Act, that carry out activities under this Act.CommentsClose CommentsPermalink
‘(3) REGISTERED APPRENTICESHIP PROGRAM- The term ‘registered apprenticeship program’ means a program registered under this Act.CommentsClose CommentsPermalink
‘(b) Dissemination of Information-CommentsClose CommentsPermalink
‘(1) DISSEMINATION BY SECRETARY OF LABOR- The Secretary of Labor, acting through the Administrator of the Office of Apprenticeship of the Department of Labor, shall disseminate information on the national apprenticeship system (referred to in this paragraph as ‘apprenticeship information’) widely and publicly, and make every reasonable effort to increase awareness of that system. The information disseminated shall contain, at a minimum, information on regionally available registered apprenticeship programs carried out through the system, requirements and benefits of each registered apprenticeship program, and the application and selection process for each such program.CommentsClose CommentsPermalink
‘(2) DISSEMINATION BY SECRETARY OF EDUCATION-CommentsClose CommentsPermalink
‘(A) ELECTRONIC INFORMATION- When disseminating any electronic information designed to help students prepare for graduation from secondary school, the Secretary of Education shall include apprenticeship information.CommentsClose CommentsPermalink
‘(B) PRINT INFORMATION- The Secretary of Education shall disseminate apprenticeship information to State educational agencies, local educational agencies, institutions of higher education, and relevant State agencies. The agencies and institutions described in this subparagraph shall, as a condition of receiving funding directly or indirectly from the Department of Education, distribute the information to students preparing for graduation from a secondary school or such an institution.CommentsClose CommentsPermalink
‘(c) Expansion Pilot Program-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary of Labor, acting through the Administrator of the Office of Apprenticeship, and in consultation with the Secretary of Education (referred to in this subsection as the ‘Secretaries’) shall establish a pilot program to expand the national apprenticeship system, by evaluating additional programs, in additional sectors, for approval as registered apprenticeship programs carried out through the system. The pilot program shall be designed to expand the sectors with registered apprenticeship programs, to include new and evolving sectors, such as green technology, engineering, communications, health care, information technology, energy, and disaster and emergency preparedness. The Secretary of Labor shall carry out the pilot program for a period of not less than 5 years.CommentsClose CommentsPermalink
‘(2) EVALUATIONS- The Secretary of Labor shall establish and use clear, consistent, and relevant measures for evaluation of the quality and effectiveness of programs proposed for registration under the pilot program. The measures shall include measures for evaluating the quality and effectiveness of the curriculum and training associated with a proposed program, and the performance of the program with respect to performance standards, completion rates for program participants (for the program and related education), number of participants entering employment, credentials and certifications granted, and the transferability of the credentials and certifications.CommentsClose CommentsPermalink
‘(3) STUDY AND REPORTS-CommentsClose CommentsPermalink
‘(A) STUDY- In addition to collecting data in connection with the evaluations, the Secretary of Labor shall study the pilot program. In conducting the study, the Secretary of Labor shall collect data to determine the extent to which the programs registered under the pilot program efficiently and effectively prepared participants for employment, and shall examine how to encourage more individuals, partners, and sponsors to participate in programs carried out through the national apprenticeship system.CommentsClose CommentsPermalink
‘(B) REPORTS- Not later than 3 years after the date of the establishment of the pilot program, and not later than 18 months after the end of the pilot program, the Secretary of Labor shall submit a report to Congress containing the results of the study.’.CommentsClose CommentsPermalink
Subtitle C--Attracting Jobs and Certification and Training StandardsCommentsClose CommentsPermalink
Subtitle C--Attracting Jobs and Certification and Training StandardsCommentsClose CommentsPermalink
SEC. 121. INBOUND INVESTMENT PROGRAM TO RECRUIT JOBS TO THE UNITED STATES.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) DISTRESSED- The term ‘distressed’, with respect to an area, means an area in the United States that, on the date on which the program is established under subsection (a)--CommentsClose CommentsPermalink
(A) is included in the most recent classification of labor surplus areas by the Secretary of Labor; andCommentsClose CommentsPermalink
(B) has an unemployment rate equal to or great than 110 percent of the unemployment rate of the United States.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITY- The term ‘eligible entity’ means an entity that employs not fewer than 50 full-time equivalent employees in high-value jobs.CommentsClose CommentsPermalink
(3) ELIGIBLE FACILITY- The term ‘eligible facility’ means a facility at which--CommentsClose CommentsPermalink
(A) an eligible entity employs not fewer than 50 full-time equivalent employees in high-value jobs;CommentsClose CommentsPermalink
(B) with respect to a rural or distressed area, the mean of the wages provided by the eligible entity to individuals employed at such facility is greater than the mean wage for the county in which the rural or distressed area is located; andCommentsClose CommentsPermalink
(C) derives at least the majority of its revenues from--CommentsClose CommentsPermalink
(i) goods production; orCommentsClose CommentsPermalink
(ii) providing product design, engineering, marketing, or information technology services.CommentsClose CommentsPermalink
(4) HIGH-VALUE JOB DEFINED- The term ‘high-value job’ means a job that--CommentsClose CommentsPermalink
(A) exists within an eligible facility; andCommentsClose CommentsPermalink
(B) has a North American Industrial Classification that corresponds with manufacturing, software publishers, computer systems design, or related codes, and is higher than the mean hourly wage in the country.CommentsClose CommentsPermalink
(5) RURAL- The term ‘rural’, with respect to an area, means any area in the United States which, as confirmed by the latest decennial census, is not located within--CommentsClose CommentsPermalink
(A) a city, town, or incorporated area that has a population of greater than 20,000 inhabitants; orCommentsClose CommentsPermalink
(B) an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants.CommentsClose CommentsPermalink
(b) Program Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall establish a program to award grants to States that are recruiting high-value jobs. Grants awarded under this section may be used to issue forgivable loans to eligible entities that are deciding whether to locate eligible facilities in foreign countries or in the United States to assist such entities in locating such facilities in rural or distressed areas.CommentsClose CommentsPermalink
(c) Federal Grants to States-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out the program through the award of grants to States to provide loans described in subsection (d).CommentsClose CommentsPermalink
(2) APPLICATION-CommentsClose CommentsPermalink
(A) IN GENERAL- A State seeking a grant under the program shall submit an application to the Secretary in such manner and containing such information as the Secretary may require. Once the program is operational, any State may apply for a grant on an ongoing basis, until funds are exhausted. The Secretary may also establish a process for pre-clearing applications from States. The Secretary shall notify all States of this grant opportunity once the program is operational. All information about the program and the State application process must be online and must be in a format that is easily understood and is widely accessible.CommentsClose CommentsPermalink
(B) ELEMENTS- Each application submitted by a State under subparagraph (A) shall include--CommentsClose CommentsPermalink
(i) a description of the eligible entity the State proposes to assist in locating an eligible facility in a rural or distressed area of the State;CommentsClose CommentsPermalink
(ii) a description of such facility, including the number of high-value jobs relating to such facility;CommentsClose CommentsPermalink
(iii) a description of such rural or distressed area;CommentsClose CommentsPermalink
(iv) a description of the resources of the State that the State has committed to assisting such corporation in locating such facility, including tax incentives provided, bonding authority exercised, and land granted; andCommentsClose CommentsPermalink
(v) such other elements as the Secretary considers appropriate.CommentsClose CommentsPermalink
(C) NOTICE- As soon as practicable after establishing the program under subsection (b), the Secretary shall notify all States of the grants available under the program and the process for applying for such grants.CommentsClose CommentsPermalink
(D) ONLINE SUBMISSION OF APPLICATIONS- The Secretary shall establish a mechanism for the electronic submission of applications under subparagraph (A). Such mechanism shall utilize an Internet website and all information on such website shall be in a format that is easily understood and widely accessible.CommentsClose CommentsPermalink
(E) CONFIDENTIALITY- The Secretary may not make public any information submitted by a State to the Secretary under this paragraph regarding the efforts of such State to assist an eligible entity in locating an eligible facility in such State without the express consent of the State.CommentsClose CommentsPermalink
(3) SELECTION- The Secretary shall award grants under the program on a competitive basis to States that--CommentsClose CommentsPermalink
(A) the Secretary determines are most likely to succeed with a grant under the program in assisting an eligible entity in locating an eligible facility in a rural or distressed area;CommentsClose CommentsPermalink
(B) if successful in assisting an eligible entity as described in subparagraph (A), will create the greatest number of high-value jobs in rural or distressed areas;CommentsClose CommentsPermalink
(C) have committed significant resources, to the extent of their ability as determined by the Secretary, to assisting eligible entities in locating eligible facilities in a rural or distressed areas; orCommentsClose CommentsPermalink
(D) meet such other criteria as the Secretary considers appropriate, including criteria relating to marketing plans, benefits to ongoing regional or State strategies for economic development, and job growth.CommentsClose CommentsPermalink
(4) LIMITATION ON COMPETITION BETWEEN STATES- The Secretary may not award a grant to a State under the program to assist an eligible entity in locating an eligible facility in such State if another State is seeking to assist such eligible entity in locating such eligible facility in such other State.CommentsClose CommentsPermalink
(5) AVAILABILITY OF GRANT AMOUNTS- For each grant awarded to a State under the program, the Secretary shall make available to such State the amount of such grant not later than 30 days after the date on which the Secretary awarded the grant. The total amount of grants awarded under this program may not exceed $100,000,000.CommentsClose CommentsPermalink
(d) Loans From States to Corporations-CommentsClose CommentsPermalink
(1) IN GENERAL- Amounts received by a State under the program shall be used to provide assistance to an eligible entity to locate an eligible facility in a rural or distressed area of the State.CommentsClose CommentsPermalink
(2) LOANS- A State receiving a grant under the program shall provide assistance under paragraph (1) in the form of a single loan to a single eligible entity as described in paragraph (1) to cover the costs incurred by the eligible entity in locating the eligible facility as described in such paragraph.CommentsClose CommentsPermalink
(3) LOAN TERMS AND CONDITIONS- Each loan provided under paragraph (2) shall have a term of 5 years and shall bear interest at rates equal to the Federal long-term rate under section 1274(d)(1)(C) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(4) AMOUNT- The amount of a loan issued to an eligible entity under the program for the location of an eligible facility shall be an amount equal to not more than $5,000 per full-time equivalent employee to be employed at such facility.CommentsClose CommentsPermalink
(5) REPAYMENT- Repayment of a loan issued by a State to an eligible entity under the program shall be repaid in accordance with such schedule as the State shall establish in accordance with such rules as the Secretary shall prescribe for purposes of the program. Such rules shall provide for the following:CommentsClose CommentsPermalink
(A) Forgiveness of all or a portion of the loan, the amount of such forgiveness depending upon the following:CommentsClose CommentsPermalink
(i) The performance of the borrower.CommentsClose CommentsPermalink
(ii) The number or quality of the jobs at the facility located under the program.CommentsClose CommentsPermalink
(B) Repayment of principal or interest, if any, at the end of the term of the loan.CommentsClose CommentsPermalink
(e) Existing Office- To the degree practicable, the Secretary shall carry out the program through an office of the Department of Commerce that existed on the day before the date of the enactment of this Act.CommentsClose CommentsPermalink
(f) Assessment and Recommendations-CommentsClose CommentsPermalink
(1) ONGOING ASSESSMENT- The Secretary shall conduct an ongoing assessment of the program.CommentsClose CommentsPermalink
(2) RECOMMENDATIONS- The Secretary may submit to Congress recommendations for such legislative action as the Secretary considers appropriate to improve the program, including with respect to any findings of the Secretary derived by comparing the program established under subsection (b) with the programs and policies of governments of other countries used to recruit high-value jobs.CommentsClose CommentsPermalink
SEC. 122. UTILIZATION OF INDUSTRY-APPROVED CERTIFICATION ASSESSMENTS AND STANDARDS TO IMPROVE EDUCATION AND TRAINING PROGRAM PERFORMANCE.
(a) In General- The Secretary of Commerce, in cooperation with the Secretary of Labor, the Secretary of Education, and the heads of other relevant Federal agencies and industry partners, shall take such actions as may be necessary to ensure that industry-approved certification assessments and standards are established and available to providers of education and training programs in manufacturing and information technology not later than 2 years after the date of the enactment of this Act in order to improve the performance of training programs and to ensure that individuals who complete such training have the skills necessary to enter high-skill, high-demand occupations in manufacturing and information technology.CommentsClose CommentsPermalink
(b) Activities- To ensure that education and training providers have access to industry-approved certification assessments and standards pursuant to subsection (a), the Secretary of Commerce shall--CommentsClose CommentsPermalink
(1) create an initial list of high-skill, high-demand manufacturing and information technology occupations where academically accredited degrees are not required for job entrance;CommentsClose CommentsPermalink
(2) catalogue existing current, industry-approved training and education program standards that have accompanying objective certification assessments, which may be the products of Federal agencies, State agencies, local workforce investment boards, community and technical colleges, apprenticeships, industry associations, or localized industry formations within or across States or education organizations, or any other institution the Secretary considers appropriate;CommentsClose CommentsPermalink
(3) identify industry-approved training and education program standards that do not have a certification assessment to measure the competency of those completing training, and where such assessments do not exist, work with relevant Federal agencies, State agencies, education and training organizations, and representatives of affected industries and industry-approved skills standards accrediting bodies to create objective certification assessments for industries that have substantial current or future employment, as determined by the Secretary;CommentsClose CommentsPermalink
(4) identify training and education programs that do not implement industry-approved standards and accompanying certification assessments, and where neither standards nor assessments exist, work with relevant Federal agencies, State agencies, education and training organizations, and representatives of the affected industries and industry-approved skills standards accrediting bodies to create industry-recognized standards and objective certification assessments for industries that have substantial current or future employment, as determined by the Secretary;CommentsClose CommentsPermalink
(5) include within the catalogue required by paragraph (2) any training or education program standards or certification assessments created under paragraph (3) or (4); andCommentsClose CommentsPermalink
(6) not less frequently than once every 3 years, review the catalogue required by paragraph (2) to ensure training and education programs and accompanying certification assessments are current and continue to have industry-approval, and in any case in which training and education programs have lost industry-approval, work with the effected industries, related Federal agencies, and education and training organizations--CommentsClose CommentsPermalink
(A) to identify existing standards and assessments that are appropriate; orCommentsClose CommentsPermalink
(B) to create them.CommentsClose CommentsPermalink
(c) Performance Evaluations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall evaluate the assessments and standards described in subsection (a) by assessing--CommentsClose CommentsPermalink
(A) how accurately the assessments described in such subsection measure the competency of workers who have completed education and training programs described in such subsection; andCommentsClose CommentsPermalink
(B) the satisfaction of manufacturing and information technology companies with the quality of such assessments and standards.CommentsClose CommentsPermalink
(2) COLLECTION OF DATA- In evaluating assessments and standards under paragraph (1), the Secretary shall work with relevant agencies and industry organizations to collect the following data:CommentsClose CommentsPermalink
(A) The number of students taking each occupational assessment annually.CommentsClose CommentsPermalink
(B) The number of students demonstrating competency on each assessment on the first, second, or third attempt, annually.CommentsClose CommentsPermalink
(C) The number of assessed students employed in the occupation for which they were trained.CommentsClose CommentsPermalink
(3) ANNUAL SURVEY- Not less frequently than once each year, the Secretary shall carry out a survey, through an existing annual industry survey if practicable, of a sample of manufacturing and information technology firms to assess--CommentsClose CommentsPermalink
(A) satisfaction with the assessments and standards described in subsection (a); andCommentsClose CommentsPermalink
(B) labor shortages by each high-skill, high-demand occupation.CommentsClose CommentsPermalink
(4) PUBLICATION OF RESULTS- Not less frequently than once each year, the Secretary shall publish the results of the evaluations carried out under paragraph (1) and the surveys carried out under paragraph (3). In publishing such results, the Secretary shall disaggregate data by State and where possible by county, State and local workforce investment board, and training or education provider.CommentsClose CommentsPermalink
(d) Seal- In carrying out subsection (a), the Secretary shall establish a Department of Commerce Certification of Excellence that the Secretary shall make available to education and training providers that use the assessments and standards described in such subsection and who show strong evidence of success in placing students in the occupations for which they were trained. If the Secretary establishes a seal or indicator under this subsection, the Secretary shall establish a process for revocation of the seal if the quality of the assessment is not maintained.CommentsClose CommentsPermalink
(e) Innovation Awards- In carrying out this section, the Secretary may collaborate with relevant Federal agencies to issue awards to providers of training and education programs described in subsection (a) to encourage innovative and promising practices for the purpose of developing, improving, and implementing the most successful methods for addressing the education and training needs of participants in career and technical education programs, including through existing programs at such agencies.CommentsClose CommentsPermalink
TITLE II--LEVELING THE PLAYING FIELD IN INTERNATIONAL TRADECommentsClose CommentsPermalink
TITLE II--LEVELING THE PLAYING FIELD IN INTERNATIONAL TRADECommentsClose CommentsPermalink
Subtitle A--Investigating Claims of Evasion of Antidumping and Countervailing Duty OrdersCommentsClose CommentsPermalink
Subtitle A--Investigating Claims of Evasion of Antidumping and Countervailing Duty OrdersCommentsClose CommentsPermalink
PART I--PROCEDURES
SEC. 201. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
(a) In General- The Tariff Act of 1930 is amended by inserting after section 516A (
‘SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) ADMINISTERING AUTHORITY- The term ‘administering authority’ has the meaning given that term in section 771(1).CommentsClose CommentsPermalink
‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
‘(A) the Committee on Finance and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink
‘(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink
‘(3) COMMISSIONER- The term ‘Commissioner’ means the Commissioner responsible for U.S. Customs and Border Protection.CommentsClose CommentsPermalink
‘(4) COVERED MERCHANDISE- The term ‘covered merchandise’ means merchandise that is subject to--CommentsClose CommentsPermalink
‘(A) an antidumping duty order issued under section 736;CommentsClose CommentsPermalink
‘(B) a finding issued under the Antidumping Act, 1921; orCommentsClose CommentsPermalink
‘(C) a countervailing duty order issued under section 706.CommentsClose CommentsPermalink
‘(5) ENTER; ENTRY- The terms ‘enter’ and ‘entry’ refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States.CommentsClose CommentsPermalink
‘(6) EVADE; EVASION- The terms ‘evade’ and ‘evasion’ refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.CommentsClose CommentsPermalink
‘(7) INTERESTED PARTY- The term ‘interested party’ has the meaning given that term in section 771(9).CommentsClose CommentsPermalink
‘(b) Procedures for Investigating Allegations of Evasion-CommentsClose CommentsPermalink
‘(1) INITIATION BY PETITION OR REFERRAL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 10 days after the date on which the Commissioner receives a petition described in subparagraph (B) or a referral described in subparagraph (C), the Commissioner shall initiate an investigation pursuant to this paragraph.CommentsClose CommentsPermalink
‘(B) PETITION DESCRIBED- A petition described in this subparagraph is a petition that--CommentsClose CommentsPermalink
‘(i) is filed with the Commissioner by any party who is an interested party with respect to covered merchandise;CommentsClose CommentsPermalink
‘(ii) alleges that a person has entered covered merchandise into the customs territory of the United States through evasion; andCommentsClose CommentsPermalink
‘(iii) is accompanied by information reasonably available to the petitioner supporting the allegation.CommentsClose CommentsPermalink
‘(C) REFERRAL DESCRIBED- A referral described in this subparagraph is information submitted to the Commissioner by any other Federal agency, including the Department of Commerce or the United States International Trade Commission, indicating that a person has entered covered merchandise into the customs territory of the United States through evasion.CommentsClose CommentsPermalink
‘(2) DETERMINATIONS-CommentsClose CommentsPermalink
‘(A) PRELIMINARY DETERMINATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not later than 90 days after the date on which the Commissioner initiates an investigation under paragraph (1), the Commissioner shall issue a preliminary determination, based on information available to the Commissioner at the time of the determination, with respect to whether there is a reasonable basis to believe or suspect that the covered merchandise was entered into the customs territory of the United States through evasion.CommentsClose CommentsPermalink
‘(ii) EXTENSION- The Commissioner may extend by not more than 45 days the time period specified in clause (i) if the Commissioner determines that sufficient information to make a preliminary determination under that clause is not available within that time period or the inquiry is unusually complex.CommentsClose CommentsPermalink
‘(B) FINAL DETERMINATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not later than 120 days after making a preliminary determination under subparagraph (A), the Commissioner shall make a final determination, based on substantial evidence, with respect to whether covered merchandise was entered into the customs territory of the United States through evasion.CommentsClose CommentsPermalink
‘(ii) EXTENSION- The Commissioner may extend by not more than 60 days the time period specified in clause (i) if the Commissioner determines that sufficient information to make a final determination under that clause is not available within that time period or the inquiry is unusually complex.CommentsClose CommentsPermalink
‘(iii) OPPORTUNITY FOR COMMENT; HEARING- After making a preliminary determination under subparagraph (A) and before issuing a final determination under this subparagraph with respect to whether covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall--CommentsClose CommentsPermalink
‘(I) provide any person alleged to have entered the merchandise into the customs territory of the United States through evasion, and any person that is an interested party with respect to the merchandise, with an opportunity to be heard;CommentsClose CommentsPermalink
‘(II) upon request, hold a hearing with respect to whether the covered merchandise was entered into the customs territory of the United States through evasion; andCommentsClose CommentsPermalink
‘(III) provide an opportunity for public comment.CommentsClose CommentsPermalink
‘(C) AUTHORITY TO COLLECT AND VERIFY ADDITIONAL INFORMATION- In making a preliminary determination under subparagraph (A) or a final determination under subparagraph (B), the Commissioner--CommentsClose CommentsPermalink
‘(i) shall exercise all existing authorities to collect information needed to make the determination; andCommentsClose CommentsPermalink
‘(ii) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by--CommentsClose CommentsPermalink
‘(I) issuing a questionnaire with respect to covered merchandise to--CommentsClose CommentsPermalink
‘(aa) a person that filed a petition under paragraph (1)(B);CommentsClose CommentsPermalink
‘(bb) a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; orCommentsClose CommentsPermalink
‘(cc) any other person that is an interested party with respect to the covered merchandise; orCommentsClose CommentsPermalink
‘(II) conducting verifications, including on-site verifications, of any relevant information.CommentsClose CommentsPermalink
‘(D) ADVERSE INFERENCE-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Commissioner finds that a person that filed a petition under paragraph (1)(B), a person alleged to have entered covered merchandise into the customs territory of the United States through evasion, or a foreign producer or exporter, has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information, the Commissioner may, in making a preliminary determination under subparagraph (A) or a final determination under subparagraph (B), use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred.CommentsClose CommentsPermalink
‘(ii) ADVERSE INFERENCE DESCRIBED- An adverse inference used under clause (i) may include reliance on information derived from--CommentsClose CommentsPermalink
‘(I) the petition, if any, submitted under paragraph (1)(B) with respect to the covered merchandise;CommentsClose CommentsPermalink
‘(II) a determination by the Commissioner in another investigation under this section;CommentsClose CommentsPermalink
‘(III) an investigation or review by the administering authority under title VII; orCommentsClose CommentsPermalink
‘(IV) any other information placed on the record.CommentsClose CommentsPermalink
‘(E) NOTIFICATION AND PUBLICATION- Not later than 7 days after making a preliminary determination under subparagraph (A) or a final determination under subparagraph (B), the Commissioner shall--CommentsClose CommentsPermalink
‘(i) provide notification of the determination to--CommentsClose CommentsPermalink
‘(I) the administering authority; andCommentsClose CommentsPermalink
‘(II) the person that submitted the petition under paragraph (1)(B) or the Federal agency that submitted the referral under paragraph (1)(C); andCommentsClose CommentsPermalink
‘(ii) provide the determination for publication in the Federal Register.CommentsClose CommentsPermalink
‘(3) BUSINESS PROPRIETARY INFORMATION-CommentsClose CommentsPermalink
‘(A) ESTABLISHMENT OF PROCEDURES- For each investigation initiated under paragraph (1), the Commissioner shall establish procedures for the submission of business proprietary information under an administrative protective order that--CommentsClose CommentsPermalink
‘(i) protects against public disclosure of such information; andCommentsClose CommentsPermalink
‘(ii) for purposes of submitting comments to the Commissioner, provides limited access to such information for--CommentsClose CommentsPermalink
‘(I) the person that submitted the petition under paragraph (1)(B) or the Federal agency that submitted the referral under paragraph (1)(C); andCommentsClose CommentsPermalink
‘(II) the person alleged to have entered covered merchandise into the customs territory of the United States through evasion.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION IN ACCORDANCE WITH OTHER PROCEDURES- The procedures established under subparagraph (A) shall be administered, to the maximum extent practicable, in accordance with administrative protective order procedures under section 777 by the administering authority.CommentsClose CommentsPermalink
‘(C) DISCLOSURE OF BUSINESS PROPRIETARY INFORMATION- The Commissioner shall, in accordance with the procedures established under subparagraph (A), make all business proprietary information presented to, or obtained by, the Commissioner during an investigation available to the persons specified in subparagraph (A)(ii) under an administrative protective order, regardless of when such information is submitted during an investigation.CommentsClose CommentsPermalink
‘(4) REFERRALS TO OTHER FEDERAL AGENCIES-CommentsClose CommentsPermalink
‘(A) AFTER PRELIMINARY DETERMINATION- Notwithstanding section 777 and subject to subparagraph (C), when the Commissioner makes an affirmative preliminary determination under paragraph (2)(A), the Commissioner shall, at the request of the head of another Federal agency, transmit the administrative record to the head of that agency.CommentsClose CommentsPermalink
‘(B) AFTER FINAL DETERMINATION- Notwithstanding section 777 and subject to subparagraph (C), when the Commissioner makes an affirmative final determination under paragraph (2)(B), the Commissioner shall, at the request of the head of another Federal agency, transmit the complete administrative record to the head of that agency.CommentsClose CommentsPermalink
‘(C) PROTECTIVE ORDERS- Before transmitting an administrative record to the head of another Federal agency under subparagraph (A) or (B), the Commissioner shall verify that the other agency has in effect with respect to the administrative record a protective order that provides the same or a similar level of protection for the information in the administrative record as the protective order in effect with respect to such information under this subsection.CommentsClose CommentsPermalink
‘(c) Effect of Determinations-CommentsClose CommentsPermalink
‘(1) EFFECT OF AFFIRMATIVE PRELIMINARY DETERMINATION- If the Commissioner makes a preliminary determination in accordance with subsection (b)(2)(A) that there is a reasonable basis to believe or suspect that covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall--CommentsClose CommentsPermalink
‘(A) suspend the liquidation of each unliquidated entry of the covered merchandise that is subject to the preliminary determination and that entered on or after the date of the initiation of the investigation under paragraph (1) and, pursuant to the Commissioner’s authority under section 504(b), extend liquidation of each unliquidated entry of the covered merchandise that is subject to the preliminary determination and that entered prior to the date of the initiation of the investigation under paragraph (1);CommentsClose CommentsPermalink
‘(B) review and reassess the amount of bond or other security the importer is required to post for each entry of merchandise described in subparagraph (A);CommentsClose CommentsPermalink
‘(C) require the posting of a cash deposit with respect to each entry of merchandise described in subparagraph (A); andCommentsClose CommentsPermalink
‘(D) take such other measures as the Commissioner determines appropriate to ensure the collection of any duties that may be owed with respect to merchandise described in subparagraph (A) as a result of a final determination under subsection (b)(2)(B).CommentsClose CommentsPermalink
‘(2) EFFECT OF NEGATIVE PRELIMINARY DETERMINATION- If the Commissioner makes a preliminary determination in accordance with subsection (b)(2)(A) that there is not a reasonable basis to believe or suspect that covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall continue the investigation and notify the administering authority pending a final determination under subsection (b)(2)(B).CommentsClose CommentsPermalink
‘(3) EFFECT OF AFFIRMATIVE FINAL DETERMINATION- If the Commissioner makes a final determination in accordance with subsection (b)(2)(B) that covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall--CommentsClose CommentsPermalink
‘(A) suspend or continue to suspend, as the case may be, the liquidation of each entry of the covered merchandise that is subject to the determination and that enters on or after the date of the determination and, pursuant to the Commissioner’s authority under section 504(b), extend or continue to extend, as the case may be, the liquidation of each entry of the covered merchandise that is subject to the determination and that entered prior to the date of the determination;CommentsClose CommentsPermalink
‘(B) notify the administering authority of the determination and request that the administering authority--CommentsClose CommentsPermalink
‘(i) identify the applicable antidumping or countervailing duty assessment rate for the entries for which liquidation is suspended under paragraph (1)(A) or subparagraph (A) of this paragraph; orCommentsClose CommentsPermalink
‘(ii) if no such assessment rates are available at the time, identify the applicable cash deposit rate to be applied to the entries described in subparagraph (A), with the applicable antidumping or countervailing duty assessment rates to be provided as soon as such rates become available;CommentsClose CommentsPermalink
‘(C) require the posting of cash deposits and assess duties on each entry of merchandise described in subparagraph (A) in accordance with the instructions received from the administering authority under paragraph (5);CommentsClose CommentsPermalink
‘(D) review and reassess the amount of bond or other security the importer is required to post for merchandise described in subparagraph (A) to ensure the protection of revenue and compliance with the law; andCommentsClose CommentsPermalink
‘(E) take such additional enforcement measures as the Commissioner determines appropriate, such as--CommentsClose CommentsPermalink
‘(i) initiating proceedings under section 592 or 596;CommentsClose CommentsPermalink
‘(ii) implementing, in consultation with the relevant Federal agencies, rule sets or modifications to rules sets for identifying, particularly through the Automated Targeting System and the Automated Commercial Environment, importers, other parties, and merchandise that may be associated with evasion;CommentsClose CommentsPermalink
‘(iii) requiring, with respect to merchandise for which the importer has repeatedly provided incomplete or erroneous entry summary information in connection with determinations of evasion, the importer to submit entry summary documentation and to deposit estimated duties at the time of entry;CommentsClose CommentsPermalink
‘(iv) referring the record in whole or in part to U.S. Immigration and Customs Enforcement for civil or criminal investigation; andCommentsClose CommentsPermalink
‘(v) transmitting the administrative record to the administering authority for further appropriate proceedings.CommentsClose CommentsPermalink
‘(4) EFFECT OF NEGATIVE FINAL DETERMINATION- If the Commissioner makes a final determination in accordance with subsection (b)(2)(B) that covered merchandise was not entered into the customs territory of the United States through evasion, the Commissioner shall terminate the suspension of liquidation pursuant to paragraph (1)(A) and refund any cash deposits collected pursuant to paragraph (1)(C) that are in excess of the cash deposit rate that would otherwise have been applicable the merchandise.CommentsClose CommentsPermalink
‘(5) COOPERATION OF ADMINISTERING AUTHORITY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Upon receiving a notification from the Commissioner under paragraph (3)(B), the administering authority shall promptly provide to the Commissioner the applicable cash deposit rates and antidumping or countervailing duty assessment rates and any necessary liquidation instructions.CommentsClose CommentsPermalink
‘(B) SPECIAL RULE FOR CASES IN WHICH THE PRODUCER OR EXPORTER IS UNKNOWN- If the Commissioner and administering authority are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under paragraph (3)(B), the administering authority shall identify, as the applicable cash deposit rate or antidumping or countervailing duty assessment rate, the cash deposit or duty (as the case may be) in the highest amount applicable to any producer or exporter, including the ‘all-others’ rate of the merchandise subject to an antidumping order or countervailing duty order under section 736 or 706, respectively, or a finding issued under the Antidumping Act, 1921, or any administrative review conducted under section 751.CommentsClose CommentsPermalink
‘(d) Special Rules-CommentsClose CommentsPermalink
‘(1) EFFECT ON OTHER AUTHORITIES- Neither the initiation of an investigation under subsection (b)(1) nor a preliminary determination or a final determination under subsection (b)(2) shall affect the authority of the Commissioner--CommentsClose CommentsPermalink
‘(A) to pursue such other enforcement measures with respect to the evasion of antidumping or countervailing duties as the Commissioner determines necessary, including enforcement measures described in clauses (i) through (iv) of subsection (c)(3)(E); orCommentsClose CommentsPermalink
‘(B) to assess any penalties or collect any applicable duties, taxes, and fees, including pursuant to section 592.CommentsClose CommentsPermalink
‘(2) EFFECT OF DETERMINATIONS ON FRAUD ACTIONS- Neither a preliminary determination nor a final determination under subsection (b)(2) shall be determinative in a proceeding under section 592.CommentsClose CommentsPermalink
‘(3) NEGLIGENCE OR INTENT- The Commissioner shall investigate and make a preliminary determination or a final determination under this section with respect to whether a person has entered covered merchandise into the customs territory of the United States through evasion without regard to whether the person--CommentsClose CommentsPermalink
‘(A) intended to violate an antidumping duty order or countervailing duty order under section 736 or 706, respectively, or a finding issued under the Antidumping Act, 1921; orCommentsClose CommentsPermalink
‘(B) exercised reasonable care with respect to avoiding a violation of such an order or finding.’.CommentsClose CommentsPermalink
(b) Technical Amendment- Clause (ii) of section 777(b)(1)(A) of the Tariff Act of 1930 (
19 U.S.C. 1677f(b)(1)(A) ) is amended to read as follows:CommentsClose CommentsPermalink
‘(ii) to an officer or employee of U.S. Customs and Border Protection who is directly involved in conducting an investigation regarding fraud under this title or claims of evasion under section 516B.’.CommentsClose CommentsPermalink
(c) Judicial Review- Section 516A(a)(2) of the Tariff Act of 1930 (
19 U.S.C. 1516a(a)(2) ) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) in clause (i)(III), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(B) in clause (ii), by adding ‘or’ at the end; andCommentsClose CommentsPermalink
(C) by inserting after clause (ii) the following:CommentsClose CommentsPermalink
‘(iii) the date of publication in the Federal Register of a determination described in clause (ix) of subparagraph (B),’; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(ix) A determination by the Commissioner responsible for U.S. Customs and Border Protection under section 516B that merchandise has been entered into the customs territory of the United States through evasion.’.CommentsClose CommentsPermalink
(d) Finality of Determinations- Section 514(b) of the Tariff Act of 1930 (
19 U.S.C. 1514(b) ) is amended by striking ‘section 303’ and all that follows through ‘which are reviewable’ and inserting ‘section 516B or title VII that are reviewable’.CommentsClose CommentsPermalink
SEC. 202. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (
PART II--OTHER MATTERS
SEC. 211. DEFINITIONS.
In this part, the terms ‘appropriate congressional committees’, ‘Commissioner’, ‘covered merchandise’, ‘enter’ and ‘entry’, and ‘evade’ and ‘evasion’ have the meanings given those terms in section 516B(a) of the Tariff Act of 1930 (as added by section 201 of this Act).CommentsClose CommentsPermalink
SEC. 212. ALLOCATION OF U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Reassignment and Allocation- The Commissioner shall, to the maximum extent possible, ensure that U.S. Customs and Border Protection--CommentsClose CommentsPermalink
(1) employs sufficient personnel who have expertise in, and responsibility for, preventing the entry of covered merchandise into the customs territory of the United States through evasion; andCommentsClose CommentsPermalink
(2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the United States through evasion to the ports of entry in the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States.CommentsClose CommentsPermalink
(b) Commercial Enforcement Officers- Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, the Commissioner, and the Assistant Secretary for U.S. Immigration and Customs Enforcement shall assess and properly allocate the resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement--CommentsClose CommentsPermalink
(1) to effectively implement the provisions of, and amendments made by, this subtitle; andCommentsClose CommentsPermalink
(2) to improve efforts to investigate and combat evasion.CommentsClose CommentsPermalink
SEC. 213. REGULATIONS.
(a) In General- Not later than 240 days after the date of the enactment of this Act, the Commissioner shall issue regulations to carry out the provisions of, and amendments made by, this subtitle.CommentsClose CommentsPermalink
(b) Cooperation Between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and Department of Commerce- Not later than 240 days after the date of the enactment of this Act, the Commissioner, the Assistant Secretary for U.S. Immigration and Customs Enforcement, and the Secretary of Commerce shall establish procedures to ensure maximum cooperation and communication between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Department of Commerce in order to quickly, efficiently, and accurately investigate allegations of evasion under section 516B of the Tariff Act of 1930 (as added by section 201 of this Act).CommentsClose CommentsPermalink
SEC. 214. ANNUAL REPORT ON PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
(a) In General- Not later than February 28 of each year, beginning in 2013, the Commissioner, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report on the efforts being taken pursuant to section 516B of the Tariff Act of 1930 (as added by section 201 of this Act) to prevent the entry of covered merchandise into the customs territory of the United States through evasion.CommentsClose CommentsPermalink
(b) Contents- Each report required under subsection (a) shall include--CommentsClose CommentsPermalink
(1) for the fiscal year preceding the submission of the report--CommentsClose CommentsPermalink
(A) the number and a brief description of petitions and referrals received pursuant to section 516B(b)(1) of the Tariff Act of 1930 (as added by section 201 of this Act);CommentsClose CommentsPermalink
(B) the results of the investigations initiated under such section, including any related enforcement actions, and the amount of antidumping and countervailing duties collected as a result of those investigations; andCommentsClose CommentsPermalink
(C) to the extent appropriate, a summary of the efforts of U.S. Customs and Border Protection, other than efforts initiated pursuant section 516B of the Tariff Act of 1930 (as added by section 201 of this Act), to prevent the entry of covered merchandise into the customs territory of the United States through evasion; andCommentsClose CommentsPermalink
(2) for the 3 fiscal years preceding the submission of the report, an estimate of--CommentsClose CommentsPermalink
(A) the amount of covered merchandise that entered the customs territory of the United States through evasion; andCommentsClose CommentsPermalink
(B) the amount of duties that could not be collected on such merchandise because the Commissioner did not have the authority to reliquidate the entries of such merchandise.CommentsClose CommentsPermalink
SEC. 215. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON RELIQUIDATION AUTHORITY.
Not later than 60 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees, and make available to the public, a report estimating the amount of duties that could not be collected on covered merchandise that entered the customs territory of the United States through evasion during fiscal years 2010 and 2011 because the Commissioner did not have the authority to reliquidate the entries of such merchandise.CommentsClose CommentsPermalink
Subtitle B--Foreign Direct InvestmentCommentsClose CommentsPermalink
Subtitle B--Foreign Direct InvestmentCommentsClose CommentsPermalink
SEC. 221. REPORT ON ENHANCING COMPETITIVENESS OF UNITED STATES IN ATTRACTING FOREIGN DIRECT INVESTMENT.
Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (
‘(d) Review of United States Laws and Policies on Foreign Direct Investment in the United States-CommentsClose CommentsPermalink
‘(1) REVIEW- The Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, shall conduct an interagency review of United States laws and policies on foreign direct investment in the United States and develop recommendations to make the United States more competitive in attracting and retaining strong investment flows from abroad.CommentsClose CommentsPermalink
‘(2) ADDITIONAL MATTERS TO BE INCLUDED- The review conducted pursuant to paragraph (1) shall include the following:CommentsClose CommentsPermalink
‘(A) A review of the current economic impact of foreign direct investment in the United States and broader trends in global cross-border investment flows, including an assessment of the current United States competitive position as an investment location for companies headquartered abroad.CommentsClose CommentsPermalink
‘(B) A review of United States laws and policies that uniquely apply to foreign direct investment in the United States, with particular focus on those laws and policies that may have the effect of diminishing the ability of the United States to attract and retain foreign direct investment.CommentsClose CommentsPermalink
‘(C) A review of ongoing efforts of the Federal Government to reduce investment barriers and facilitate greater levels of foreign direct investment in the United States.CommentsClose CommentsPermalink
‘(D) Recommendations based on an assessment of United States laws and policies, including a comparative analysis of efforts of other competing countries, to make the United States more competitive in attracting global investment.CommentsClose CommentsPermalink
‘(3) COMMENT PERIOD- The review conducted under paragraph (1) shall include an open comment period to solicit input from experts and industry stakeholders on matters covered by the review.CommentsClose CommentsPermalink
‘(4) INCLUSION IN REPORT- The Secretary of Commerce shall include the results of the review conducted pursuant to paragraph (1) in the first report prepared under subsection (a) of this section on or after the date of the enactment of the Building a Stronger America Act of 2012.’.CommentsClose CommentsPermalink
TITLE III--EXPORT PROMOTIONCommentsClose CommentsPermalink
TITLE III--EXPORT PROMOTIONCommentsClose CommentsPermalink
SEC. 301. IMPROVED COORDINATION OF EXPORT PROMOTION ACTIVITIES OF FEDERAL AGENCIES BY THE TRADE PROMOTION COORDINATING COMMITTEE.
(a) Duties of TPCC- Section 2312(b) of the Export Enhancement Act of 1988 (
(1) in paragraph (4), by inserting ‘, including by identifying opportunities to consolidate or colocate offices or agencies involved in such activities’ after ‘export financing activities’;CommentsClose CommentsPermalink
(2) by redesignating paragraph (6) as paragraph (8); andCommentsClose CommentsPermalink
(3) by striking paragraph (5) and inserting the following:CommentsClose CommentsPermalink
‘(5) assess the appropriate levels and allocation of resources, including the use and coordination of electronic databases, among agencies in support of export promotion and export financing and provide recommendations, including a recommendation for the unified Federal trade promotion budget required by subsection (c)(4), to the President based on its assessment;CommentsClose CommentsPermalink
‘(6) in conducting assessments under paragraph (5), review the proposed trade promotion budget for a fiscal year of each agency with responsibility for export promotion and export financing activities before the agency submits that budget to the Office of Management and Budget and the President for inclusion in the budget of the President for that fiscal year submitted to Congress under
section 1105(a) of title 31, United States Code ;CommentsClose CommentsPermalink‘(7) to the maximum extent practicable, make available on Federal agency websites related to trade and export promotion, including Export.gov, a detailed listing of ongoing and anticipated trade missions, trade fairs, and related Federal and State export promotion and export financing activities to ensure better delivery of services to United States businesses; and’.CommentsClose CommentsPermalink
(b) Strategic Plan- Section 2312(c) of the Export Enhancement Act of 1988 (
(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (6), (7), and (8), respectively;CommentsClose CommentsPermalink
(2) in paragraph (2), by inserting ‘, based on consultations with, and recommendations from, a representative number of United States exporters and other types of export-related businesses’ after ‘coordination of such activities’;CommentsClose CommentsPermalink
(3) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) identify countries with which the United States could negotiate trade agreements to increase United States exports;’;CommentsClose CommentsPermalink
(4) by inserting after paragraph (4), as redesignated by paragraph (1), the following:CommentsClose CommentsPermalink
‘(5) identify areas in which the TPCC can partner and maximize existing partnerships with agencies by granting the TPCC the ability to partner with a partner of an agency that is a member of the TPCC without requiring an additional memorandum of understanding between the TPCC and that partner;’;CommentsClose CommentsPermalink
(5) in paragraph (7), as redesignated by paragraph (1), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(6) in paragraph (8), as redesignated by paragraph (1), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(7) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) review and propose means to improve educational outreach to small- and medium-sized businesses with respect to the resources available through the TPCC and agencies that are members of the TPCC, including by consulting with, and considering recommendations from, United States exporters and the Small Business Administration with respect to improving outreach by the TPCC; andCommentsClose CommentsPermalink
‘(10) clearly describe the role of each agency that is a member of the TPCC and the responsibility of each such agency for export promotion and export financing.’.CommentsClose CommentsPermalink
(c) Representative of State Agencies on TPCC- Section 2312(d) of the Export Enhancement Act of 1988 (
(1) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) REPRESENTATIVE OF STATE AGENCIES- In addition to the members specified in paragraph (1), there shall be one member of the TPCC that represents State agencies with responsibility for export promotion and export financing.’.CommentsClose CommentsPermalink
(d) Reports- Section 2312(f) of the Export Enhancement Act of 1988 (
‘(f) Reporting Requirements-CommentsClose CommentsPermalink
‘(1) TPCC REPORT- Not later than 18 months after the date of the enactment of the Building a Stronger America Act of 2012, and March 30 of each year thereafter, the chairperson of the TPCC shall submit to Congress a report that--CommentsClose CommentsPermalink
‘(A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of the plan, and any revisions to the plan;CommentsClose CommentsPermalink
‘(B) describe the goals of and activities carried out by each agency that is a member of the TPCC with respect to Federal export promotion and export financing activities, including efforts to increase efficiency, decrease duplication, increase interagency coordination, and meet the goals of each such agency;CommentsClose CommentsPermalink
‘(C) reviews the proposed annual trade promotion budgets for each such agency and provides recommendations with respect to those budgets based on the strategic plan developed pursuant to subsection (c) and any anticipated revisions to the plan; andCommentsClose CommentsPermalink
‘(D) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (
22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC.CommentsClose CommentsPermalink‘(2) GOVERNMENT ACCOUNTABILITY OFFICE REPORT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 18 months after the date of the enactment of the Building a Stronger America Act of 2012, and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report that assesses the effectiveness of the TPCC.CommentsClose CommentsPermalink
‘(B) ELEMENTS- The report required by subparagraph (A) shall include an assessment of the following:CommentsClose CommentsPermalink
‘(i) The operational efficiency and effectiveness of the TPCC.CommentsClose CommentsPermalink
‘(ii) The performance of each agency that is a member of the TPCC with respect to Federal export promotion and export financing activities, including efforts to increase efficiency, decrease duplication, increase interagency coordination, and meet the goals of each such agency. The efforts of the TPCC to coordinate Federal export promotion and export financing activities, including efforts to coordinate the trade promotion budgets of the agencies that are members of the TPCC.CommentsClose CommentsPermalink
‘(iii) Duplication of administrative functions, client management functions, and resources among those agencies and measures to decrease such duplication, including by reducing the office space or other resources available to those agencies.CommentsClose CommentsPermalink
‘(iv) Improvements in efficiency and decreases in duplication of efforts among those agencies realized by the TPCC.CommentsClose CommentsPermalink
‘(v) Other relevant information on the overall effectiveness of the TPCC.CommentsClose CommentsPermalink
‘(C) CONSIDERATION OF CHANGING STRATEGY- In preparing the report required by subparagraph (A), the Comptroller General shall take into account that the strategic plan of the TPCC is subject to change.’.CommentsClose CommentsPermalink
(e) Export.gov; Regulations- Section 2312 of the Export Enhancement Act of 1988 (
‘(g) Information Available on Export.gov- The TPCC shall coordinate with the agencies that are members of the TPCC to publish information relevant to export promotion and export financing on Export.gov (or a successor website), including the information described in subsections (b)(7) and (c)(10).CommentsClose CommentsPermalink
‘(h) Regulations- Not later than 18 months after the date of the enactment of the Building a Stronger America Act of 2012, the President shall prescribe such regulations as are necessary to provide the chairperson of the TPCC with the authority to ensure that the TPCC carries out each of its duties under subsection (b) and develops and implements the strategic plan under subsection (c).’.CommentsClose CommentsPermalink
(f) Report on Improvements to Export.gov as a Single Window for Export Information-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Director of International Trade of the Small Business Administration shall, after consultation with the entities specified in paragraph (2), submit to Congress a report that includes the recommendations of the Director for improving the experience provided by the website Export.gov (or a successor website) as--CommentsClose CommentsPermalink
(A) a comprehensive resource for information about exporting articles from the United States; andCommentsClose CommentsPermalink
(B) a single website for exporters to submit all information required by the Federal Government with respect to the exportation of articles from the United States.CommentsClose CommentsPermalink
(2) ENTITIES SPECIFIED- The entities specified in this paragraph are--CommentsClose CommentsPermalink
(A) small business concerns (as defined in section 3 of the Small Business Act (
(B) the President’s Export Council, State agencies with responsibility for export promotion or export financing, district export councils, and trade associations.CommentsClose CommentsPermalink
(g) Report on Developing a Single Window for Information About Export Control Compliance- Not later than 180 days after the date of the enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration shall submit to Congress a report assessing the benefits of developing a website to serve as--CommentsClose CommentsPermalink
(1) a comprehensive resource for complying with and information about the export control laws and regulations of the United States; andCommentsClose CommentsPermalink
(2) a single website for exporters to submit all information required by the Federal Government with respect to export controls.CommentsClose CommentsPermalink
SEC. 302. EFFECTIVE DEPLOYMENT OF RESOURCES OF THE UNITED STATES AND FOREIGN COMMERCIAL SERVICE.
Section 2301(c)(4) of the Export Enhancement Act of 1988 (
(1) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively;CommentsClose CommentsPermalink
(2) by striking ‘(4) FOREIGN OFFICES- (A) The Secretary may’ and inserting the following:CommentsClose CommentsPermalink
‘(4) FOREIGN OFFICES- (A)(i) The Secretary shall conduct a global assessment of overseas markets to identify the countries to which the United States could increase exports through Federal export promotion activities and redeploy Commercial Service personnel and other resources on the basis of the global assessment.CommentsClose CommentsPermalink
‘(ii) The assessment conducted under clause (i) shall take into consideration recommendations from a representative number of United States exporters.CommentsClose CommentsPermalink
‘(iii) Not later than 180 days after the date of the enactment of the Building a Stronger America Act of 2012, the Secretary shall submit to Congress a report on the results of the first global assessment conducted under clause (i) and a plan for the redeployment of Commercial Service personnel and other resources on the basis of the global assessment.CommentsClose CommentsPermalink
‘(iv) The Secretary shall conduct a global assessment and redeployment described in clause (i) not less frequently than once in every 5-year period.CommentsClose CommentsPermalink
‘(B) The Secretary may’; andCommentsClose CommentsPermalink
(3) in subparagraph (F), as redesignated, by striking ‘is authorized, upon the request of the Secretary, to provide’ and inserting ‘shall, upon the request of the Secretary, provide’.CommentsClose CommentsPermalink
SEC. 303. STRENGTHENED COMMERCIAL DIPLOMACY TO INCREASE UNITED STATES EXPORTS.
(a) Development of Plan- Section 207(c) of the Foreign Service Act of 1980 (
(1) by inserting ‘(1)’ after ‘(c)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2)(A) Each chief of mission to a foreign country shall develop a plan for effective diplomacy to remove or reduce obstacles to exports of United States goods and services, in consultation with--CommentsClose CommentsPermalink
‘(i) the ambassador of the United States to the country;CommentsClose CommentsPermalink
‘(ii) the Assistant Secretary of Commerce and Director General of the Commercial Service (established by section 2301(a)(2) of the Export Enhancement Act of 1988 (
15 U.S.C. 4721(a)(2) ));CommentsClose CommentsPermalink‘(iii) the heads of other Federal agencies with export promotion programs, acting through the Trade Promotion Coordinating Committee (established by section 2312 of the Export Enhancement Act of 1988 (
15 U.S.C. 4727 )); andCommentsClose CommentsPermalink‘(iv) the trade advisory committees authorized by paragraphs (1) and (2) of section 135(c) of the Trade Act of 1974 (
19 U.S.C. 2155(c) ), if those committees request consultation.CommentsClose CommentsPermalink‘(B) The chief of mission shall submit the plan required by subparagraph (A) to the Secretary for review by the Secretary before implementing the plan.’.CommentsClose CommentsPermalink
(b) Assessments and Promotions- Section 603(a) of the Foreign Service Act of 1980 (
(c) Inspector General- Section 209(b) of the Foreign Service Act of 1980 (
(1) in paragraph (4), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(2) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
‘(5) the effectiveness of diplomacy relating to the promotion of exports of United States goods and services; and’.CommentsClose CommentsPermalink
SEC. 304. REPORTS ON DISTORTIVE OR DISCRIMINATORY ECONOMIC POLICIES AND PRACTICES OF FOREIGN COUNTRIES.
(a) Reports by United States International Trade Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 2 years thereafter, the United States International Trade Commission (in this section referred to as the ‘Commission’) shall submit to Congress and the President a report that--CommentsClose CommentsPermalink
(A) identifies distortive or discriminatory economic policies and practices of foreign countries; andCommentsClose CommentsPermalink
(B) estimates, for the 10 years following the submission of the report, the effects of such policies and practices on businesses and workers in the United States.CommentsClose CommentsPermalink
(2) DISTORTIVE AND DISCRIMINATORY ECONOMIC POLICIES AND PRACTICES- For purposes of paragraph (1), distortive or discriminatory economic policies or practices of foreign countries include policies and practices that adversely affect the economic or commercial interests of businesses or workers in the United States, such as policies and practices that discriminate against United States persons, policies and practices permitting trading monopolies, restrictive government procurement policies or practices, discriminatory tax policies or preferences, foreign direct investment policies or practices, standards, or subsidies, restrictive domestic financial policies, and policies and practices that permit violations of intellectual property rights.CommentsClose CommentsPermalink
(3) ELEMENTS- Each report submitted under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) Qualitative indicators of specific policies and practices that may be distortive or discriminatory of specific foreign countries and an assessment of the relative significance of such policies and practices.CommentsClose CommentsPermalink
(B) An assessment of resources expended in foreign countries that are being used to preclude exports of United States goods and services, to harm United States economic interests, or to support the development of technologies, manufacturing base, and businesses that compete directly with United States businesses.CommentsClose CommentsPermalink
(4) FACILITATION- To assist in the preparation of each report required by paragraph (1), the Commission shall facilitate the reporting by interested persons of distortive or discriminatory economic policies and practices of foreign countries, to the extent possible.CommentsClose CommentsPermalink
(5) OTHER REPORTS- In the National Trade Estimate submitted under section 181(b) of the Trade Act of 1974 (
(b) Report by Comptroller General of the United States- Not later than 1 year after the Commission submits the first report required by subsection (a)(1), the Comptroller General of the United States shall submit to Congress a report that--CommentsClose CommentsPermalink
(1) assesses the effectiveness of actions taken by Federal agencies with responsibility relating to trade to mitigate the effects of distortive or discriminatory economic policies and practices of foreign countries, with emphasis on the most egregious of such policies and practices;CommentsClose CommentsPermalink
(2) makes recommendations for additional actions that may be taken by such agencies to mitigate the effects of such policies and practices;CommentsClose CommentsPermalink
(3) identifies gaps in the trade or foreign economic policies of the United States that should be addressed by the President or Congress; andCommentsClose CommentsPermalink
(4) identifies agencies or programs that have successfully implemented policies to discourage distortive and discriminatory economic policies and practices of foreign countries, including--CommentsClose CommentsPermalink
(A) specific steps taken by each such agencies and programs to reduce such policies and practices;CommentsClose CommentsPermalink
(B) recommendations on how such agencies and programs can improve awareness and monitoring of such policies and practices and develop programs to discourage the use of such policies and practices; andCommentsClose CommentsPermalink
(C) other information that may help inform efforts to develop programs to combat such policies and practices.CommentsClose CommentsPermalink
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