[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3479 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3479
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2012
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
Pensions
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Building a
Stronger America Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
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.
Subtitle B--Workforce Innovation for New Jobs and Applied Education
Sec. 111. Innovation in investment pilot program.
Sec. 112. Registered apprenticeship programs.
Subtitle C--Attracting Jobs and Certification and Training Standards
Sec. 121. Inbound investment program to recruit jobs to the United
States.
Sec. 122. Utilization of industry-approved certification assessments
and standards to improve education and
training program performance.
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.
Sec. 202. Application to Canada and Mexico.
Part II--Other Matters
Sec. 211. Definitions.
Sec. 212. Allocation of U.S. Customs and Border Protection personnel.
Sec. 213. Regulations.
Sec. 214. Annual report on prevention of evasion of antidumping and
countervailing duty orders.
Sec. 215. Government Accountability Office report on reliquidation
authority.
Subtitle B--Foreign Direct Investment
Sec. 221. Report on enhancing competitiveness of United States in
attracting foreign direct investment.
TITLE III--EXPORT PROMOTION
Sec. 301. Improved coordination of export promotion activities of
Federal agencies by the Trade Promotion
Coordinating Committee.
Sec. 302. Effective deployment of resources of the United States and
Foreign Commercial Service.
Sec. 303. Strengthened commercial diplomacy to increase United States
exports.
Sec. 304. Reports on distortive or discriminatory economic policies and
practices of foreign countries.
SEC. 2. FINDINGS.
Congress makes the following findings:
(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.
(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.
(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.
(4) In 2010, the trade deficit of the United States in
manufactured products with advanced technology was over
$81,000,000,000.
(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.
(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.
(7) The unemployment rate in the United States has been
greater than 8 percent since January 2009.
(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.
(9) Ninety-five percent of the world's consumers of goods
and services live outside the United States.
(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.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(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;
(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; and
(3) it is a top national priority to enhance the
competitiveness, prosperity, and security of the United States
by--
(A) removing unnecessary barriers to global
investment in the United States and the jobs that it
creates throughout the United States; and
(B) promoting policies to ensure the United States
remains the premier destination for global companies to
invest, hire, innovate, and manufacture their products.
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.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by adding at the end the following:
``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--
``(1) immediate strategies for regions and communities to
fulfill pressing skilled workforce needs;
``(2) long-term plans to grow targeted industry clusters
with better training and a more productive workforce;
``(3) core competencies and competitive advantages for
regions and communities undergoing structural economic
redevelopment; and
``(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.
``(b) Definitions.--In this section:
``(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.
``(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--
``(A) family size;
``(B) the number and ages of children in the
family;
``(C) the cost of living in the worker's community;
and
``(D) other factors that may vary by region.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) an industry or sector partnership; or
``(B) an eligible State agency.
``(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.
``(5) High-priority occupation.--The term `high-priority
occupation' means an occupation that--
``(A) has a significant presence in an industry
cluster;
``(B) is in demand by employers;
``(C) pays family-sustaining wages that enable
workers to achieve economic self-sufficiency, or can
reasonably be expected to lead to such wages;
``(D) has or is in the process of developing a
documented career ladder; and
``(E) has a significant impact on a region's
economic development strategy.
``(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.
``(7) Industry or sector partnership.--The term `industry
or sector partnership' means a workforce collaborative that is
described as follows:
``(A) Mandatory partners.--
``(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--
``(I) representatives of multiple
firms or employers in the targeted
industry cluster, including small- and
medium-sized employers when
practicable;
``(II) one or more representatives
of State labor organizations, central
labor coalitions, or other labor
organizations, except in instances
where no labor representation exists;
``(III) one or more representatives
of local boards;
``(IV) one or more representatives
of postsecondary educational
institutions or other training
providers; and
``(V) one or more representatives
of State workforce agencies or other
entities providing employment services.
``(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).
``(B) Authorized members.--An industry or sector
partnership may include representatives of--
``(i) State or local government;
``(ii) State or local economic development
agencies;
``(iii) other State or local agencies;
``(iv) chambers of commerce;
``(v) nonprofit organizations;
``(vi) philanthropic organizations;
``(vii) economic development organizations;
``(viii) industry associations; and
``(ix) other organizations, as determined
necessary by the members comprising the
industry or sector partnership.
``(8) Industry-recognized.--The term `industry-recognized',
used with respect to a credential, means a credential that--
``(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; and
``(B) is endorsed by a nationally recognized trade
association or organization representing a significant
part of the industry or sector, where appropriate.
``(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.
``(10) Targeted industry cluster.--The term `targeted
industry cluster' means an industry cluster that has--
``(A) economic impact in a local area or regional
area, such as advanced manufacturing, clean energy
technology, and health care;
``(B) immediate workforce development needs, such
as advanced manufacturing, clean energy, technology,
and health care; and
``(C) documented career opportunities.
``(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.
``(c) Grants Authorized.--
``(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).
``(2) Maximum amount.--
``(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.
``(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.
``(3) Requirements; duration; renewal.--
``(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.
``(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).
``(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--
``(i) prioritize renewals to eligible
entities that can demonstrate the long-term
sustainability of an industry or sector
partnership funded under this section; and
``(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--
``(I) be in an amount greater
than--
``(aa) the non-Federal
share requirement required in
accordance with subparagraph
(D)(i)(III); and
``(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; and
``(II) include at least a 50
percent cash match from the State, the
industry cluster, the eligible entity,
or some combination thereof.
``(D) Federal and non-federal share.--
``(i) Federal share.--Except as provided in
clause (iii) and subparagraph (C)(ii), the
Federal share of a grant under this section
shall be--
``(I) 90 percent of the costs of
the activities described in subsection
(f) in the first year of the grant;
``(II) 80 percent of such costs in
the second year of the grant; and
``(III) 70 percent of such costs in
the third year of the grant.
``(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.
``(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).
``(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.
``(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.
``(d) Application Process.--
``(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--
``(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--
``(i) data showing the competitiveness of
the industry cluster;
``(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;
``(iii) the identification of supply and
distribution chains within the industry
cluster; and
``(iv) research studies on industry
clusters; and
``(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:
``(i) Demonstrated demand for job growth
potential.
``(ii) Employment base.
``(iii) Wages and benefits.
``(iv) Demonstrated importance of the
targeted industry cluster to the area's
economy.
``(v) Workforce development needs.
``(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:
``(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).
``(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).
``(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.
``(D) A description of the strategic objectives
that the eligible entity intends to carry out for the
targeted industry cluster, which objectives shall
include--
``(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;
``(ii) identifying the training needs of
multiple businesses, especially skill gaps
critical to competitiveness and innovation to
the targeted industry cluster;
``(iii) facilitating economies of scale by
aggregating training and education needs of
multiple employers;
``(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;
``(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;
``(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;
``(vii) helping companies identify, and
work together to address, common organizational
and human resource challenges, such as--
``(I) recruiting new workers;
``(II) implementing effective
workplace practices;
``(III) retraining dislocated and
incumbent workers;
``(IV) implementing a high-
performance work organization;
``(V) recruiting and retaining
women in nontraditional employment;
``(VI) adopting new technologies;
and
``(VII) fostering experiential and
contextualized on-the-job learning;
``(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;
``(ix) improving job quality through
improving wages, benefits, and working
conditions;
``(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; and
``(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.
``(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).
``(F) A description of the manner in which the
eligible entity intends to make sustainable progress
toward the strategic objectives.
``(G) Performance measures for measuring progress
toward the strategic objectives. Such performance
measures--
``(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--
``(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);
``(II) the number of workers with
increased wages, the percentage of
workers with increased wages, and the
average wage increase; and
``(III) for dislocated or
nonincumbent workers, the number of
workers placed in sector-related jobs;
and
``(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--
``(I) the creation or updating of
an industry plan to meet current and
future workforce demand;
``(II) the creation or updating of
published industry-wide skill standards
or career pathways;
``(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;
``(IV) the number of firms, and the
percentage of the local industry,
participating in the industry or sector
partnership; and
``(V) the number of firms, and the
percentage of the local industry,
receiving workers or services through
the grant funded under this section.
``(H) A timeline for achieving progress toward the
strategic objectives.
``(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--
``(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;
``(ii) funding under the Adult Education
and Family Literacy Act of 1998 (20 U.S.C. 9201
et seq.);
``(iii) economic development funding;
``(iv) employer contributions to training
initiatives; or
``(v) providing employees with employee
release time for such training or supportive
services.
``(e) Award Basis.--
``(1) Geographic distribution.--The Secretary shall award
grants under this section in a manner that ensures geographic
diversity.
``(2) Priorities.--In awarding grants under this section,
the Secretary shall give priority to eligible entities that--
``(A) work with employers within a targeted
industry cluster to retain and expand employment in
high-wage, high-growth areas;
``(B) focus on helping workers move toward economic
self-sufficiency and ensuring the workers have access
to adequate supportive services;
``(C) address the needs of firms with limited human
resources or in-house training capacity, including
small- and medium-sized firms; and
``(D) coordinate with entities carrying out State
and local workforce investment activities, economic
development, and education activities.
``(f) Activities.--
``(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--
``(A) integrates services and funding sources in a
way that enhances the effectiveness of the activities;
and
``(B) uses grant funds awarded under this section
efficiently.
``(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.
``(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.
``(g) Evaluation and Progress Reports.--
``(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--
``(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; and
``(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).
``(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.
``(h) Administration by the Secretary.--
``(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.
``(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.
``(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.
``(4) Dissemination of information.--The Secretary shall--
``(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--
``(i) the critical learning of each
industry or sector partnership, such as--
``(I) the training that was most
effective;
``(II) the human resource
challenges that were most common;
``(III) how technology is changing
the targeted industry cluster; and
``(IV) the changes that may impact
the targeted industry cluster over the
next 5 years; and
``(ii) a description of what eligible
entities serving similar targeted industry
clusters consider exemplary practices, such
as--
``(I) how to work effectively with
postsecondary educational institutions;
``(II) the use of internships;
``(III) coordinating with
apprenticeships and cooperative
education programs;
``(IV) how to work effectively with
schools providing vocational education;
``(V) how to work effectively with
adult populations, including--
``(aa) dislocated workers;
``(bb) women in
nontraditional employment; and
``(cc) individuals with
barriers to employment, such as
job seekers who--
``(AA) are
economically
disadvantaged;
``(BB) have limited
English proficiency;
``(CC) require
remedial education;
``(DD) are older
workers;
``(EE) are
individuals who have
completed a sentence
for a criminal offense;
or
``(FF) have other
barriers to employment;
``(VI) employer practices that are
most effective;
``(VII) the types of training that
are most effective;
``(VIII) other areas where industry
or sector partnerships can assist each
other; and
``(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);
``(B) make resource materials, including all
reports published and all data collected under this
section, available on the Internet; and
``(C) conduct conferences and seminars to--
``(i) disseminate information on best
practices developed by eligible entities
receiving a grant under this section; and
``(ii) provide information to the
communities of eligible entities.
``(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--
``(A) the eligible entities receiving funding;
``(B) the activities carried out by the eligible
entities;
``(C) how the eligible entities were selected to
receive funding under this section; and
``(D) an assessment of the results achieved by the
grant program including findings from the annual
reviews described in paragraph (4)(A).
``(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.''.
Subtitle B--Workforce Innovation for New Jobs and Applied Education
SEC. 111. INNOVATION IN INVESTMENT PILOT PROGRAM.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), as amended by section 101, is further amended by adding
at the end the following:
``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.
``(b) Grants to Eligible Consortia.--
``(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.
``(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.
``(c) Eligible Consortia.--
``(1) Eligible consortium.--
``(A) In general.--To be eligible to receive a
grant under this section, a consortium shall include--
``(i) an eligible institution, which shall
serve as the lead applicant for the grant;
``(ii) 1 or more businesses that are
representative of a local area in which the
training will be provided;
``(iii) 1 or more representatives of the
State or local workforce investment system; and
``(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)).
``(B) Multiple representatives.--To the maximum
extent practicable, the eligible institution shall
ensure that the eligible consortium includes more than
one representative--
``(i) of entities described in subparagraph
(A)(ii);
``(ii) of entities described in
subparagraph (A)(iii); and
``(iii) of entities described in
subparagraph (A)(iv).
``(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).
``(3) Covered states.--
``(A) In general.--In this section, the term
`covered State' means a State--
``(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;
``(ii) in which the percentage of the adult
population with a baccalaureate degree is not
more than 25 percent; and
``(iii) that meets such other measures as
the Secretary may determine to be appropriate.
``(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).
``(4) Eligible institution.--In this section, the term
`eligible institution' means--
``(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);
``(B) a community college district, established by
a State as a separate entity or governed by a community
education board;
``(C) a State community college system; or
``(D) a community college.
``(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--
``(1) a description of the training program to be carried
out;
``(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;
``(3) a description of how the consortium will facilitate
development of a 21st century workforce in the State in which
the consortium operates; and
``(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; and
``(B) assurances that the consortium will participate in
evaluations of that performance by the Secretary.
``(e) Use of Funds.--
``(1) Training program.--A consortium that receives a grant
under this section shall use the funds made available under the
grant--
``(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);
``(B) to provide educational assistance described
in paragraph (3)(B) through an eligible institution in
the consortium for such a program; and
``(C) to otherwise support participation in--
``(i) internship or cooperative activities
approved by the consortium and described in an
application submitted under subsection (d); or
``(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.).
``(2) Participants.--The consortium shall provide training
to unemployed individuals, or to postsecondary students who are
not seeking a baccalaureate degree.
``(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--
``(A) course credit for the training provided
through such program; and
``(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.
``(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.
``(g) Assessment and Reports.--
``(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.
``(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.''.
SEC. 112. REGISTERED APPRENTICESHIP PROGRAMS.
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.)
is amended by inserting after section 3 the following:
``SEC. 3A. REGISTERED APPRENTICESHIP PROGRAMS.
``(a) Definition.--In this section:
``(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)).
``(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.
``(3) Registered apprenticeship program.--The term
`registered apprenticeship program' means a program registered
under this Act.
``(b) Dissemination of Information.--
``(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.
``(2) Dissemination by secretary of education.--
``(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.
``(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.
``(c) Expansion Pilot Program.--
``(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.
``(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.
``(3) Study and reports.--
``(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.
``(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.''.
Subtitle C--Attracting Jobs and Certification and Training Standards
SEC. 121. INBOUND INVESTMENT PROGRAM TO RECRUIT JOBS TO THE UNITED
STATES.
(a) Definitions.--In this section:
(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)--
(A) is included in the most recent classification
of labor surplus areas by the Secretary of Labor; and
(B) has an unemployment rate equal to or great than
110 percent of the unemployment rate of the United
States.
(2) Eligible entity.--The term ``eligible entity'' means an
entity that employs not fewer than 50 full-time equivalent
employees in high-value jobs.
(3) Eligible facility.--The term ``eligible facility''
means a facility at which--
(A) an eligible entity employs not fewer than 50
full-time equivalent employees in high-value jobs;
(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; and
(C) derives at least the majority of its revenues
from--
(i) goods production; or
(ii) providing product design, engineering,
marketing, or information technology services.
(4) High-value job defined.--The term ``high-value job''
means a job that--
(A) exists within an eligible facility; and
(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.
(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--
(A) a city, town, or incorporated area that has a
population of greater than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a
city or town that has a population of greater than
50,000 inhabitants.
(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.
(c) Federal Grants to States.--
(1) In general.--The Secretary shall carry out the program
through the award of grants to States to provide loans
described in subsection (d).
(2) Application.--
(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.
(B) Elements.--Each application submitted by a
State under subparagraph (A) shall include--
(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;
(ii) a description of such facility,
including the number of high-value jobs
relating to such facility;
(iii) a description of such rural or
distressed area;
(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; and
(v) such other elements as the Secretary
considers appropriate.
(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.
(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.
(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.
(3) Selection.--The Secretary shall award grants under the
program on a competitive basis to States that--
(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;
(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;
(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; or
(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.
(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.
(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.
(d) Loans From States to Corporations.--
(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.
(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.
(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.
(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.
(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:
(A) Forgiveness of all or a portion of the loan,
the amount of such forgiveness depending upon the
following:
(i) The performance of the borrower.
(ii) The number or quality of the jobs at
the facility located under the program.
(B) Repayment of principal or interest, if any, at
the end of the term of the loan.
(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.
(f) Assessment and Recommendations.--
(1) Ongoing assessment.--The Secretary shall conduct an
ongoing assessment of the program.
(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.
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.
(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--
(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;
(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;
(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;
(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;
(5) include within the catalogue required by paragraph (2)
any training or education program standards or certification
assessments created under paragraph (3) or (4); and
(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--
(A) to identify existing standards and assessments
that are appropriate; or
(B) to create them.
(c) Performance Evaluations.--
(1) In general.--The Secretary shall evaluate the
assessments and standards described in subsection (a) by
assessing--
(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; and
(B) the satisfaction of manufacturing and
information technology companies with the quality of
such assessments and standards.
(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:
(A) The number of students taking each occupational
assessment annually.
(B) The number of students demonstrating competency
on each assessment on the first, second, or third
attempt, annually.
(C) The number of assessed students employed in the
occupation for which they were trained.
(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--
(A) satisfaction with the assessments and standards
described in subsection (a); and
(B) labor shortages by each high-skill, high-demand
occupation.
(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.
(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.
(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.
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.
(a) In General.--The Tariff Act of 1930 is amended by inserting
after section 516A (19 U.S.C. 1516a) the following:
``SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF
ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
``(a) Definitions.--In this section:
``(1) Administering authority.--The term `administering
authority' has the meaning given that term in section 771(1).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Finance and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Ways and Means and the
Committee on Appropriations of the House of
Representatives.
``(3) Commissioner.--The term `Commissioner' means the
Commissioner responsible for U.S. Customs and Border
Protection.
``(4) Covered merchandise.--The term `covered merchandise'
means merchandise that is subject to--
``(A) an antidumping duty order issued under
section 736;
``(B) a finding issued under the Antidumping Act,
1921; or
``(C) a countervailing duty order issued under
section 706.
``(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.
``(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.
``(7) Interested party.--The term `interested party' has
the meaning given that term in section 771(9).
``(b) Procedures for Investigating Allegations of Evasion.--
``(1) Initiation by petition or referral.--
``(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.
``(B) Petition described.--A petition described in
this subparagraph is a petition that--
``(i) is filed with the Commissioner by any
party who is an interested party with respect
to covered merchandise;
``(ii) alleges that a person has entered
covered merchandise into the customs territory
of the United States through evasion; and
``(iii) is accompanied by information
reasonably available to the petitioner
supporting the allegation.
``(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.
``(2) Determinations.--
``(A) Preliminary determination.--
``(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.
``(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.
``(B) Final determination.--
``(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.
``(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.
``(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--
``(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;
``(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; and
``(III) provide an opportunity for
public comment.
``(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--
``(i) shall exercise all existing
authorities to collect information needed to
make the determination; and
``(ii) may collect such additional
information as is necessary to make the
determination through such methods as the
Commissioner considers appropriate, including
by--
``(I) issuing a questionnaire with
respect to covered merchandise to--
``(aa) a person that filed
a petition under paragraph
(1)(B);
``(bb) a person alleged to
have entered covered
merchandise into the customs
territory of the United States
through evasion; or
``(cc) any other person
that is an interested party
with respect to the covered
merchandise; or
``(II) conducting verifications,
including on-site verifications, of any
relevant information.
``(D) Adverse inference.--
``(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.
``(ii) Adverse inference described.--An
adverse inference used under clause (i) may
include reliance on information derived from--
``(I) the petition, if any,
submitted under paragraph (1)(B) with
respect to the covered merchandise;
``(II) a determination by the
Commissioner in another investigation
under this section;
``(III) an investigation or review
by the administering authority under
title VII; or
``(IV) any other information placed
on the record.
``(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--
``(i) provide notification of the
determination to--
``(I) the administering authority;
and
``(II) the person that submitted
the petition under paragraph (1)(B) or
the Federal agency that submitted the
referral under paragraph (1)(C); and
``(ii) provide the determination for
publication in the Federal Register.
``(3) Business proprietary information.--
``(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--
``(i) protects against public disclosure of
such information; and
``(ii) for purposes of submitting comments
to the Commissioner, provides limited access to
such information for--
``(I) the person that submitted the
petition under paragraph (1)(B) or the
Federal agency that submitted the
referral under paragraph (1)(C); and
``(II) the person alleged to have
entered covered merchandise into the
customs territory of the United States
through evasion.
``(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.
``(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.
``(4) Referrals to other federal agencies.--
``(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.
``(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.
``(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.
``(c) Effect of Determinations.--
``(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--
``(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);
``(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);
``(C) require the posting of a cash deposit with
respect to each entry of merchandise described in
subparagraph (A); and
``(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).
``(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).
``(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--
``(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;
``(B) notify the administering authority of the
determination and request that the administering
authority--
``(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; or
``(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;
``(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);
``(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; and
``(E) take such additional enforcement measures as
the Commissioner determines appropriate, such as--
``(i) initiating proceedings under section
592 or 596;
``(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;
``(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;
``(iv) referring the record in whole or in
part to U.S. Immigration and Customs
Enforcement for civil or criminal
investigation; and
``(v) transmitting the administrative
record to the administering authority for
further appropriate proceedings.
``(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.
``(5) Cooperation of administering authority.--
``(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.
``(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.
``(d) Special Rules.--
``(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--
``(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); or
``(B) to assess any penalties or collect any
applicable duties, taxes, and fees, including pursuant
to section 592.
``(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.
``(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--
``(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; or
``(B) exercised reasonable care with respect to
avoiding a violation of such an order or finding.''.
(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:
``(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.''.
(c) Judicial Review.--Section 516A(a)(2) of the Tariff Act of 1930
(19 U.S.C. 1516a(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)(III), by striking ``or'' at the
end;
(B) in clause (ii), by adding ``or'' at the end;
and
(C) by inserting after clause (ii) the following:
``(iii) the date of publication in the
Federal Register of a determination described
in clause (ix) of subparagraph (B),''; and
(2) in subparagraph (B), by adding at the end the following
new clause:
``(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.''.
(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''.
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 (19 U.S.C. 3438), the amendments made by this part
shall apply with respect to goods from Canada and Mexico.
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).
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--
(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; and
(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.
(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--
(1) to effectively implement the provisions of, and
amendments made by, this subtitle; and
(2) to improve efforts to investigate and combat evasion.
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.
(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).
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.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) for the fiscal year preceding the submission of the
report--
(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);
(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; and
(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; and
(2) for the 3 fiscal years preceding the submission of the
report, an estimate of--
(A) the amount of covered merchandise that entered
the customs territory of the United States through
evasion; and
(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.
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.
Subtitle B--Foreign Direct Investment
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 (22 U.S.C. 3142) is amended by
adding at the end the following:
``(d) Review of United States Laws and Policies on Foreign Direct
Investment in the United States.--
``(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.
``(2) Additional matters to be included.--The review
conducted pursuant to paragraph (1) shall include the
following:
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.''.
TITLE III--EXPORT PROMOTION
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 (15 U.S.C. 4727(b)) is amended--
(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'';
(2) by redesignating paragraph (6) as paragraph (8); and
(3) by striking paragraph (5) and inserting the following:
``(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;
``(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;
``(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''.
(b) Strategic Plan.--Section 2312(c) of the Export Enhancement Act
of 1988 (15 U.S.C. 4727(c)) is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (6), (7), and (8), respectively;
(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'';
(3) by inserting after paragraph (2) the following:
``(3) identify countries with which the United States could
negotiate trade agreements to increase United States
exports;'';
(4) by inserting after paragraph (4), as redesignated by
paragraph (1), the following:
``(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;'';
(5) in paragraph (7), as redesignated by paragraph (1), by
striking ``; and'' and inserting a semicolon;
(6) in paragraph (8), as redesignated by paragraph (1), by
striking the period and inserting a semicolon; and
(7) by adding at the end the following:
``(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; and
``(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.''.
(c) Representative of State Agencies on TPCC.--Section 2312(d) of
the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(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.''.
(d) Reports.--Section 2312(f) of the Export Enhancement Act of 1988
(15 U.S.C. 4727(f)) is amended to read as follows:
``(f) Reporting Requirements.--
``(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--
``(A) describes the strategic plan developed by the
TPCC pursuant to subsection (c), the implementation of
the plan, and any revisions to the plan;
``(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;
``(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; and
``(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.
``(2) Government accountability office report.--
``(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.
``(B) Elements.--The report required by
subparagraph (A) shall include an assessment of the
following:
``(i) The operational efficiency and
effectiveness of the TPCC.
``(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.
``(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.
``(iv) Improvements in efficiency and
decreases in duplication of efforts among those
agencies realized by the TPCC.
``(v) Other relevant information on the
overall effectiveness of the TPCC.
``(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.''.
(e) Export.gov; Regulations.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended by adding at the
end the following:
``(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).
``(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).''.
(f) Report on Improvements to Export.gov as a Single Window for
Export Information.--
(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--
(A) a comprehensive resource for information about
exporting articles from the United States; and
(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.
(2) Entities specified.--The entities specified in this
paragraph are--
(A) small business concerns (as defined in section
3 of the Small Business Act (15 U.S.C. 632)) that are
exporters; and
(B) the President's Export Council, State agencies
with responsibility for export promotion or export
financing, district export councils, and trade
associations.
(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--
(1) a comprehensive resource for complying with and
information about the export control laws and regulations of
the United States; and
(2) a single website for exporters to submit all
information required by the Federal Government with respect to
export controls.
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 (15 U.S.C.
4721(c)(4)) is amended--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively;
(2) by striking ``(4) Foreign offices.--(A) The Secretary
may'' and inserting the following:
``(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.
``(ii) The assessment conducted under clause (i) shall take
into consideration recommendations from a representative number
of United States exporters.
``(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.
``(iv) The Secretary shall conduct a global assessment and
redeployment described in clause (i) not less frequently than
once in every 5-year period.
``(B) The Secretary may''; and
(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''.
SEC. 303. STRENGTHENED COMMERCIAL DIPLOMACY TO INCREASE UNITED STATES
EXPORTS.
(a) Development of Plan.--Section 207(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3927(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(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--
``(i) the ambassador of the United States to the country;
``(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)));
``(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)); and
``(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.
``(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.''.
(b) Assessments and Promotions.--Section 603(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4003(a)) is amended, in the second
sentence, by inserting after ``disciplinary actions,'' the following:
``assessments (with respect to members of the Service with
responsibilities relating to economic affairs) of the effectiveness of
efforts to promote the exportation of United States goods and services
in accordance with the plan developed pursuant to section 207(c)(2),''.
(c) Inspector General.--Section 209(b) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(b)) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) the effectiveness of diplomacy relating to the promotion of
exports of United States goods and services; and''.
SEC. 304. REPORTS ON DISTORTIVE OR DISCRIMINATORY ECONOMIC POLICIES AND
PRACTICES OF FOREIGN COUNTRIES.
(a) Reports by United States International Trade Commission.--
(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--
(A) identifies distortive or discriminatory
economic policies and practices of foreign countries;
and
(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.
(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.
(3) Elements.--Each report submitted under paragraph (1)
shall include the following:
(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.
(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.
(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.
(5) Other reports.--In the National Trade Estimate
submitted under section 181(b) of the Trade Act of 1974 (19
U.S.C. 2241(b)) and any other report of the Commission relating
to trade submitted after the date of the enactment of this Act,
the Commission shall assess the effects of distortive and
discriminatory policies and practices of foreign countries that
are commercially significant and pose the greatest potential
opportunity or threat to businesses and workers in the United
States during the 10-year period following submission of the
report.
(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--
(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;
(2) makes recommendations for additional actions that may
be taken by such agencies to mitigate the effects of such
policies and practices;
(3) identifies gaps in the trade or foreign economic
policies of the United States that should be addressed by the
President or Congress; and
(4) identifies agencies or programs that have successfully
implemented policies to discourage distortive and
discriminatory economic policies and practices of foreign
countries, including--
(A) specific steps taken by each such agencies and
programs to reduce such policies and practices;
(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; and
(C) other information that may help inform efforts
to develop programs to combat such policies and
practices.
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