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[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.
                                 <all>
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