116 HR 2844 IH: Creating Pathways for Youth Employment Act
U.S. House of Representatives
2019-05-20
text/xml
EN
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I116th CONGRESS1st SessionH. R. 2844IN THE HOUSE OF REPRESENTATIVESMay 20, 2019Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Workforce Innovation and Opportunity Act to provide funding, on a competitive basis,
			 for summer and year-round employment opportunities for youth ages 14
			 through 24.

 1.Short titleThis Act may be cited as the Creating Pathways for Youth Employment Act. 2.Youth employment opportunitiesTitle I of the Workforce Innovation and Opportunity Act is amended—
 (1)by redesignating subtitle E as subtitle F; and (2)by inserting after subtitle D the following:

					EYouth Employment Opportunities
 176.DefinitionsIn this subtitle: (1)Eligible youthThe term eligible youth means an individual who—
 (A)is not younger than age 14 or older than age 24; and (B)is—
 (i)an in-school youth; (ii)an out-of-school youth; or
 (iii)an unemployed individual. (2)Hardest-to-employ, most-at-riskThe term hardest-to-employ, most-at-risk, used with respect to an individual, includes individuals who are homeless, in foster care, involved in the juvenile or criminal justice system, or are not enrolled in or at risk of dropping out of an educational institution and who live in an underserved community that has faced trauma through acute or long-term exposure to substantial discrimination, historical or cultural oppression, intergenerational poverty, civil unrest, a high rate of violence, or a high rate of drug overdose mortality.
 (3)Indian tribe; tribal organizationThe terms Indian tribe and tribal organization have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (4)In-school youth; out-of-school youthThe terms in-school youth and out-of-school youth have the meanings given the terms in section 129(a)(1). (5)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (6)Subsidized employmentThe term subsidized employment means employment for which the employer receives a total or partial subsidy to offset costs of employing an eligible youth under this subtitle.
 (7)Tribal areaThe term tribal area means— (A)an area on or adjacent to an Indian reservation;
 (B)land held in trust by the United States for Indians; (C)a public domain Indian allotment;
 (D)a former Indian reservation in Oklahoma; and (E)land held by an incorporated Native group, Regional Corporation, or Village Corporation under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
 (8)Tribal college or universityThe term tribal college or university has the meaning given the term Tribal College or University in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). (9)Tribally designated housing entityThe term tribally designated housing entity, used with respect to an Indian tribe (as defined in this section), has the meaning given in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
							176A.Allocation of funds
 (a)AllocationOf the funds appropriated under section 176E that remain available after any reservation under subsection (b), the Secretary may make available—
 (1)not more than $1,500,000,000 in accordance with section 176B to provide eligible youth with subsidized summer employment opportunities; and
 (2)not more than $2,000,000,000 in accordance with section 176C to provide eligible youth with subsidized year-round employment opportunities.
 (b)ReservationThe Secretary may reserve not more than 10 percent of the funds appropriated under section 176E to provide technical assistance and oversight, in order to assist eligible entities in applying for and administering grants awarded under this subtitle.
							176B.Summer employment competitive grant program
							(a)In general
 (1)GrantsUsing the amounts made available under 176A(a)(1), the Secretary shall award, on a competitive basis, planning and implementation grants.
 (2)General use of fundsThe Secretary shall award the grants to assist eligible entities by paying for the program share of the cost of—
 (A)in the case of a planning grant, planning a summer youth employment program to provide subsidized summer employment opportunities; and
 (B)in the case of an implementation grant, implementation of such a program, to provide such opportunities.
									(b)Periods and amounts of grants
 (1)Planning grantsThe Secretary may award a planning grant under this section for a 1-year period, in an amount of not more than $200,000.
 (2)Implementation grantsThe Secretary may award an implementation grant under this section for a 3-year period, in an amount of not more than $5,000,000.
								(c)Eligible entities
 (1)In generalTo be eligible to receive a planning or implementation grant under this section, an entity shall— (A)be a—
 (i)State, local government, or Indian tribe or tribal organization, that meets the requirements of paragraph (2); or
 (ii)community-based organization that meets the requirements of paragraph (3); and (B)meet the requirements for a planning or implementation grant, respectively, specified in paragraph (4).
 (2)Government partnershipsAn entity that is a State, local government, or Indian tribe or tribal organization referred to in paragraph (1) shall demonstrate that the entity has entered into a partnership with State, local, or tribal entities—
 (A)that shall include— (i)a local educational agency or tribal educational agency (as defined in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452));
 (ii)a local board or tribal workforce development agency; (iii)a State, local, or tribal agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system;
 (iv)a State, local, or tribal child welfare agency; (v)a State, local, or tribal agency or community-based organization, with—
 (I)expertise in providing counseling services, and trauma-informed and gender-responsive trauma prevention, identification, referral, and support (including treatment) services; and
 (II)a proven track record of serving low-income vulnerable youth and out-of-school youth; and (vi)if the State, local government, or Indian tribe or tribal organization is seeking an implementation grant, and has not established a summer youth employment program, an entity that is carrying out a State, local, or tribal summer youth employment program; and
 (vii)an employer or employer association; and (B)that may include—
 (i)an institution of higher education or tribal college or university; (ii)a representative of a labor or labor-management organization;
 (iii)an entity that carries out a program that receives funding under the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532);
 (iv)a collaborative applicant as defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360) or a private nonprofit organization that serves homeless individuals and households (including such an applicant or organization that serves individuals or households that are at risk of homelessness in tribal areas) or serves foster youth;
 (v)an entity that carries out a program funded under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), including Native American programs funded under section 116 of that Act (20 U.S.C. 2326) and tribally controlled postsecondary career and technical institution programs funded under section 117 of that Act (20 U.S.C. 2327);
 (vi)a local or tribal youth committee; (vii)a State or local public housing agency or a tribally designated housing entity; and
 (viii)another appropriate State, local, or tribal agency. (3)Community-based organization partnershipsA community-based organization referred to in paragraph (1) shall demonstrate that the organization has entered into a partnership with State, local, or tribal entities—
 (A)that shall include— (i)a unit of general local government or tribal government;
 (ii)an agency described in paragraph (2)(A)(i); (iii)a local board or tribal workforce development agency;
 (iv)a State, local, or tribal agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system;
 (v)a State, local, or tribal child welfare agency; (vi)if the organization is seeking an implementation grant, and has not established a summer youth employment program, an entity that is carrying out a State, local, or tribal summer youth employment program; and
 (vii)an employer or employer association; and (B)that may include one or more entities described in paragraph (2)(B).
									(4)Entities eligible for particular grants
 (A)Entities eligible for planning grantsThe Secretary may award a planning grant under this section to an eligible entity that— (i)is preparing to establish or expand a summer youth employment program that meets the minimum requirements specified in subsection (d); and
 (ii)has not received a grant under this section. (B)Entities eligible for implementation grants (i)In generalThe Secretary may award an implementation grant under this section to an eligible entity that—
 (I)has received a planning grant under this section; or (II)has established a summer youth employment program and demonstrates a minimum level of capacity to enhance or expand the summer youth employment program described in the application submitted under subsection (d).
 (ii)CapacityIn determining whether an entity has the level of capacity referred to in clause (i)(II), the Secretary may include as capacity—
 (I)the entity's staff capacity and staff training to deliver youth employment services; and (II)the entity's existing youth employment services (as of the date of submission of the application submitted under subsection (d)) that are consistent with the application.
											(d)Application
 (1)In generalExcept as provided in paragraph (2), an eligible entity desiring to receive a grant under this section for a summer youth employment program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, each of the following:
 (A)With respect to an application for a planning or implementation grant— (i)a description of the eligible youth for whom summer employment services will be provided;
 (ii)a description of the eligible entity, and a description of the expected participation and responsibilities of each of the partners in the partnership described in subsection (c);
 (iii)information demonstrating sufficient need for the grant in the State, local, or tribal population, which may include information showing—
 (I)a high level of unemployment among youth (including young adults) ages 14 through 24; (II)a high rate of out-of-school youth;
 (III)a high rate of homelessness; (IV)a high rate of poverty;
 (V)a high rate of adult unemployment; (VI)a high rate of community or neighborhood crime;
 (VII)a high rate of violence; or (VIII)a high level or rate on another indicator of need;
 (iv)a description of the strategic objectives the eligible entity seeks to achieve through the program to provide eligible youth with core work readiness skills, which may include—
 (I)financial literacy skills, including providing the support described in section 129(b)(2)(D); (II)sector-based technical skills aligned with employer needs;
 (III)skills that— (aa)are soft employment skills, early work skills, or work readiness skills; and
 (bb)include social skills, communications skills, higher-order thinking skills, self-control, and positive self-concept; and
 (IV)(for the hardest-to-employ, most-at-risk eligible youth) basic skills like communication, math, and problem solving in the context of training for advancement to better jobs and postsecondary training; and
 (v)information demonstrating that the eligible entity has obtained commitments to provide the non-program share described in paragraph (2) of subsection (h).
 (B)With respect to an application for a planning grant— (i)a description of the intermediate and long-term goals for planning activities for the duration of the planning grant;
 (ii)a description of how grant funds will be used to develop a plan to provide summer employment services for eligible youth;
 (iii)a description of how the eligible entity will carry out an analysis of best practices for identifying, recruiting, and engaging program participants, in particular the hardest-to-employ, most-at-risk eligible youth;
 (iv)a description of how the eligible entity will carry out an analysis of best practices for placing youth participants—
 (I)in opportunities that— (aa)are appropriate subsidized employment opportunities with employers based on factors including age, skill, experience, career aspirations, work-based readiness, and barriers to employment; and
 (bb)may include additional services for participants, including core work readiness skill development and mentorship services; and
 (II)in summer employment that— (aa)is not less than 6 weeks;
 (bb)follows a schedule of not more than 20 hours per week; and (cc)pays not less than the applicable Federal, State, or local minimum wage; and
 (v)a description of how the eligible entity plans to develop a mentorship program or connect youth with positive, supportive mentorships, consistent with paragraph (3).
 (C)With respect to an application for an implementation grant— (i)a description of how the eligible entity plans to identify, recruit, and engage program participants, in particular the hardest-to-employ, most-at-risk eligible youth;
 (ii)a description of the manner in which the eligible entity plans to place eligible youth participants in subsidized employment opportunities, and in summer employment, described in subparagraph (B)(iv);
 (iii)(for a program serving the hardest-to-employ, most-at-risk eligible youth), a description of workplaces for the subsidized employment involved, which may include workplaces in the public, private, and nonprofit sectors;
 (iv)a description of how the eligible entity plans to provide or connect eligible youth participants with positive, supportive mentorships, consistent with paragraph (3);
 (v)a description of services that will be available to employers participating in the youth employment program, to provide supervisors involved in the program with coaching and mentoring on—
 (I)how to support youth development; (II)how to structure learning and reflection; and
 (III)how to deal with youth challenges in the workplace; (vi)a description of how the eligible entity plans to offer structured pathways back into employment and a youth employment program under this section for eligible youth who have been terminated from employment or removed from the program;
 (vii)a description of how the eligible entity plans to engage eligible youth beyond the duration of the summer employment opportunity, which may include—
 (I)developing or partnering with a year-round youth employment program; (II)referring eligible youth to other year-round programs, which may include—
 (aa)programs funded under section 176C or the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
 (bb)after school programs; (cc)secondary or postsecondary education programs;
 (dd)training programs; (ee)cognitive behavior therapy programs;
 (ff)apprenticeship programs; and (gg)national service programs;
 (III)employing a full-time, permanent staff person who is responsible for youth outreach, followup, and recruitment; or
 (IV)connecting eligible youth with job development services, including career counseling, resume and job application assistance, interview preparation, and connections to job leads;
 (viii)evidence of the eligible entity's capacity to provide the services described in this subsection; and
 (ix)a description of the quality of the summer youth employment program, including a program that leads to a recognized postsecondary credential.
 (2)Indian tribe; tribal organizationsAn eligible entity that is an Indian tribe or tribal organization and desires to receive a grant under this section for a summer youth employment program may, in lieu of submitting the application described in paragraph (1), submit an application to the Secretary that meets such requirements as the Secretary develops after consultation with the tribe or organization.
 (3)MentorFor purposes of subparagraphs (B)(iv), (B)(v), and (C)(iv) of paragraph (1), a mentor— (A)shall be an individual who has been matched with an eligible youth based on the youth's needs;
 (B)shall make contact with the eligible youth at least once each week; (C)shall be a trusted member of the local community; and
 (D)may include— (i)a mentor trained in trauma-informed care (including provision of trauma-informed trauma prevention, identification, referral, or support services to youth that have experienced or are at risk of experiencing trauma), conflict resolution, and positive youth development;
 (ii)a job coach trained to provide youth with guidance on how to navigate the workplace and troubleshoot problems;
 (iii)a supervisor trained to provide at least two performance assessments and serve as a reference; or (iv)a peer mentor who is a former or current participant in the youth employment program involved.
										(e)Awards for populations and areas
 (1)PopulationsThe Secretary shall reserve, from the amounts made available under section 176A(a)(1)— (A)50 percent to award grants under this section for planning or provision of subsidized summer employment opportunities for in-school youth; and
 (B)50 percent to award such grants to plan for planning or provision of such opportunities for out-of-school youth.
									(2)Areas
 (A)In generalIn awarding the grants, the Secretary shall consider the regional diversity of the areas to be served, to ensure that urban, suburban, rural, and tribal areas are receiving grant funds.
									(B)Rural and tribal area inclusion
 (i)Rural areasNot less than 20 percent of the amounts made available under section 176A(a)(1) for each fiscal year shall be made available for activities to be carried out in rural areas.
 (ii)Tribal areasNot less than 5 percent of the amounts made available under section 176A(a)(1) for each fiscal year shall be made available for activities to be carried out in tribal areas.
 (f)Program prioritiesIn allocating funds under this section, the Secretary shall give priority to eligible entities— (1)who propose to coordinate their activities—
 (A)with local or tribal employers; and (B)with agencies described in subsection (c)(2)(A)(i) to ensure the summer youth employment programs provide clear linkages to remedial, academic, and occupational programs carried out by the agencies;
 (2)who propose a plan to increase private sector engagement in, and job placement through, summer youth employment; and
 (3)who have, in their counties, States, or tribal areas (as compared to other counties in their State, other States, or other tribal areas, respectively), a high level or rate described in subsection (d)(1)(A)(iii).
								(g)Use of funds
 (1)In generalAn eligible entity that receives a grant under this section may use the grant funds for services described in subsection (d).
 (2)Discretionary usesThe eligible entity may also use the funds— (A)to provide wages to eligible youth in subsidized summer employment programs;
 (B)to provide eligible youth with support services, including case management, child care assistance, child support services, and transportation assistance; and
 (C)to develop data management systems to assist with programming, evaluation, and records management. (3)AdministrationAn eligible entity may reserve not more than 10 percent of the grant funds for the administration of activities under this section.
 (4)Carry-over authorityAny amounts provided to an eligible entity under this section for a fiscal year may, at the discretion of the Secretary, remain available to that entity for expenditure during the succeeding fiscal year to carry out programs under this section.
								(h)Program share
 (1)Planning grantsThe program share for a planning grant awarded under this section shall be 100 percent of the cost described in subsection (a)(2)(A).
								(2)Implementation grants
 (A)In generalThe program share for an implementation grant awarded under this section shall be 50 percent of the cost described in subsection (a)(2)(B).
 (B)ExceptionNotwithstanding subparagraph (A), the Secretary— (i)may increase the program share for an eligible entity; and
 (ii)shall increase the program share for an Indian tribe or tribal organization to not less than 95 percent of the cost described in subsection (a)(2)(B).
 (C)Non-program shareThe eligible entity may provide the non-program share of the cost— (i)in cash or in-kind, fairly evaluated, including plant, equipment, or services; and
 (ii)from State, local, tribal or private (including philanthropic) sources and, in the case of an Indian tribe or tribal organization, from Federal sources.
										176C.Year-round employment competitive grant program
							(a)In general
 (1)GrantsUsing the amounts made available under 176A(a)(2), the Secretary shall award, on a competitive basis, planning and implementation grants.
 (2)General use of fundsThe Secretary shall award the grants to assist eligible entities by paying for the program share of the cost of—
 (A)in the case of a planning grant, planning a year-round youth employment program to provide subsidized year-round employment opportunities; and
 (B)in the case of an implementation grant, implementation of such a program to provide such opportunities.
 (b)Periods and amounts of grantsThe planning grants shall have the periods and amounts described in section 176B(b)(1). The implementation grants shall have the periods and grants described in section 176B(b)(2).
							(c)Eligible entities
 (1)In generalTo be eligible to receive a planning or implementation grant under this section, an entity shall, except as provided in paragraph (2)—
 (A)be a— (i)State, local government, or Indian tribe or tribal organization, that meets the requirements of section 176B(c)(2); or
 (ii)community-based organization that meets the requirements of section 176B(c)(3); and (B)meet the requirements for a planning or implementation grant, respectively, specified in section 176B(c)(4).
 (2)Year-round youth employment programsFor purposes of paragraph (1), any reference in section 176B(c)— (A)to a summer youth employment program shall be considered to refer to a year-round youth employment program; and
 (B)to a provision of section 176B shall be considered to refer to the corresponding provision of this section.
									(d)Application
 (1)In generalExcept as provided in paragraph (2), an eligible entity desiring to receive a grant under this section for a year-round youth employment program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, each of the following:
 (A)With respect to an application for a planning or implementation grant, the information and descriptions specified in section 176B(d)(1)(A).
 (B)With respect to an application for a planning grant, the descriptions specified in section 176B(d)(1)(B), except that the description of an analysis for placing youth in employment described in clause (iv)(II)(bb) of that section shall cover employment that follows a schedule—
 (i)that consists of— (I)not more than 15 hours per week for in-school youth; and
 (II)not less than 20 and not more than 40 hours per week for out-of-school youth; and (ii)that depends on the needs and work-readiness level of the population being served.
 (C)With respect to an application for an implementation grant, the descriptions and evidence specified in section 176B(d)(1)(C)—
 (i)except that the reference in section 176(d)(1)(C)(ii) to employment described in section 176B(d)(1)(B) shall cover employment that follows the schedule described in subparagraph (B); and
 (ii)except that the reference to programs in clause (vii)(II)(aa) of that section shall be considered to refer only to programs funded under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
 (2)Indian tribe; tribal organizationsAn eligible entity that is an Indian tribe or tribal organization and desires to receive a grant under this section for a year-round youth employment program may, in lieu of submitting the application described in paragraph (1), submit an application to the Secretary that meets such requirements as the Secretary develops after consultation with the tribe or organization.
 (3)MentorFor purposes of paragraph (1), any reference in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section 176B(d)(1) to a mentor shall be considered to refer to a mentor who—
 (A)shall be an individual described in subparagraphs (A) and (C) of section 176B(d)(3); (B)shall make contact with the eligible youth at least twice each week; and
 (C)may be an individual described in section 176B(d)(3)(D). (4)Year-round employmentFor purposes of this subsection, any reference in section 176B(d)—
 (A)to summer employment shall be considered to refer to year-round employment; and (B)to a provision of section 176B shall be considered to refer to the corresponding provision of this section.
									(e)Awards for populations and areas; Priorities
 (1)PopulationsThe Secretary shall reserve, from the amounts made available under section 176A(a)(2)— (A)50 percent to award grants under this section for planning or provision of subsidized year-round employment opportunities for in-school youth; and
 (B)50 percent to award such grants to plan for planning or provision of such opportunities for out-of-school youth.
 (2)Areas; prioritiesIn awarding the grants, the Secretary shall— (A)carry out section 176B(e)(2); and
 (B)give priority to eligible entities— (i)who—
 (I)propose the coordination and plan described paragraphs (1) and (2) of section 176B(f), with respect to year-round youth employment; and
 (II)meet the requirements of section 176B(f)(3); or (ii)who—
 (I)propose a plan to coordinate activities with entities carrying out State, local, or tribal summer youth employment programs, to provide pathways to year-round employment for eligible youth who are ending summer employment; and
 (II)meet the requirements of section 176B(f)(3). (f)Use of fundsAn eligible entity that receives a grant under this section may use the grant funds—
 (1)for services described in subsection (d); (2)as described in section 176B(g)(2), with respect to year-round employment programs;
 (3)as described in section 176B(g)(3), with respect to activities under this section; and (4)at the discretion of the Secretary, as described in section 176B(g)(4), with respect to activities under this section.
								(g)Program share
 (1)Planning grantsThe provisions of section 176B(h)(1) shall apply to planning grants awarded under this section, with respect to the cost described in subsection (a)(2)(A).
 (2)Implementation grantsThe provisions of section 176B(h)(2) shall apply to implementation grants awarded under this section, with respect to the cost described in subsection (a)(2)(B).
								176D.Evaluation and administration
							(a)Performance measures
 (1)EstablishmentThe Secretary shall establish performance measures for purposes of annual reviews under subsection (b).
 (2)ComponentsThe performance measures for the eligible entities shall consist of— (A)the indicators of performance described in paragraph (3); and
 (B)an adjusted level of performance for each indicator described in subparagraph (A). (3)Indicators of performance (A)In generalThe indicators of performance shall consist of—
 (i)the percentage of youth employment program participants who are in education or training activities, or in employment, during the second quarter after exit from the program;
 (ii)the percentage of youth employment program participants who are in education or training activities, or in employment, during the fourth quarter after exit from the program;
 (iii)the percentage of youth employment program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to subparagraph (B)), during participation in or within 1 year after exit from the program; and
 (iv)the percentage of youth employment program participants who, during a program year, are in a youth employment program that includes an education or training program that leads to an outcome specified by the Secretary, which may include—
 (I)obtaining a recognized postsecondary credential or employment; or (II)achieving measurable skill gains toward such a credential or employment.
 (B)Indicator relating to credentialFor purposes of subparagraph (A)(iii), youth employment program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such subparagraph only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in a youth employment program that includes an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program.
									(4)Levels of performance
 (A)In generalFor each eligible entity, there shall be established, in accordance with this paragraph, levels of performance for each of the corresponding indicators of performance described in paragraph (3).
 (B)Identification in applicationEach eligible entity shall identify, in the application submitted under subsection (d) of section 176B or 176C, expected levels of performance for each of those indicators of performance for each program year covered by the application.
 (C)Agreement on adjusted levels of performanceThe eligible entity shall reach agreement with the Secretary on levels of performance for each of those indicators of performance for each such program year. The levels agreed to shall be considered to be the adjusted levels of performance for the eligible entity for such program years and shall be incorporated into the application prior to the approval of such application.
 (b)Annual reviewThe Secretary shall carry out an annual review of each eligible entity receiving a grant under this subtitle. In conducting the review, the Secretary shall review the performance of the entity on the performance measures under this section and determine if the entity has used any practices that shall be considered best practices for purposes of this subtitle.
							(c)Report to Congress
 (1)PreparationThe Secretary shall prepare a report on the grant programs established by this subtitle, which report shall include a description of—
 (A)the eligible entities receiving funding under this subtitle; (B)the activities carried out by the eligible entities;
 (C)how the eligible entities were selected to receive funding under this subtitle; and (D)an assessment of the results achieved by the grant programs including findings from the annual reviews conducted under subsection (b).
 (2)SubmissionNot later than 3 years after the date of enactment of the Creating Pathways for Youth Employment Act, and annually thereafter, the Secretary shall submit a report described in paragraph (1) to the appropriate committees of Congress.
 (d)Application to Indian tribes and tribal organizationsThe Secretary may issue regulations that clarify the application of all the provisions of this subtitle to Indian tribes and tribal organizations.
 176E.Authorization of appropriationsThere are authorized to be appropriated— (1)to carry out section 176B, $300,000,000 for each of fiscal years 2020 through 2024; and
 (2)to carry out section 176C, $400,000,000 for each of fiscal years 2020 through 2024.. 3.Conforming amendments (a)References (1)Section 121(b)(1)(C)(ii)(II) of the Workforce Investment and Opportunity Act (29 U.S.C. 3152(b)(1)(C)(ii)(II)) is amended by striking subtitles C through E and inserting subtitles C through F.
 (2)Section 503(b) of such Act (29 U.S.C. 3343(b)) is amended by inserting before the period the following: (as such subtitles were in effect on the day before the date of enactment of this Act).
 (b)Table of contentsThe table of contents in section 1(b) of such Act is amended by striking the item relating to the subtitle heading for subtitle E of title I and inserting the following:

						Subtitle E—Youth Employment Opportunities
						Sec. 176. Definitions.
						Sec. 176A. Allocation of funds.
						Sec. 176B. Summer employment competitive grant program.
						Sec. 176C. Year-round employment competitive grant program.
						Sec. 176D. Evaluation and administration.
						Sec. 176E. Authorization of appropriations..


IV
111th CONGRESS
1st Session
H. RES. 675
In the House of Representatives, U. S.,

July 29, 2009

RESOLUTION
Condemning the July 17, 2009, terrorist bombings in Indonesia and expressing condolences to the people of Indonesia and the various other countries suffering casualties in the attacks.

Whereas, on July 17, 2009, 2 unidentified terrorists carried out twin suicide bombings at the J.W. Marriott and Ritz-Carlton hotels in the central business district of Jakarta, killing at least 7 people and wounding at least 50;
Whereas the majority of the victims of the attacks were Indonesian citizens, according to reports;
Whereas in addition to the Indonesian victims, citizens of Australia, New Zealand, and Singapore lost their lives in the attacks, and citizens of Australia, Canada, Hong Kong, India, Italy, Japan, the Netherlands, Norway, South Korea, the United Kingdom, and the United States were injured, according to reports;
Whereas this tragic bombing was the first suicide attack in Indonesia since September 2005, demonstrating the progress that the Government of Indonesia has made in combating terrorism in recent years;
Whereas Indonesia is the most populous Muslim-majority country in the world and is founded on principles of religious tolerance and moderation;
Whereas Indonesia is developing into a strong multiparty democracy, as demonstrated by its April 2009 parliamentary elections, in which 9 different parties won seats in the People’s Representative Council (DPR) and voter turnout exceeded 60 percent, and its July 2009 presidential election, which was characterized as free and fair by preliminary reports;
Whereas the continued development of Indonesia’s democratic norms and institutions will be critical to stemming the tide of violent extremism and therefore is in the mutual interest of the United States and Indonesia; and
Whereas the United States Congress has worked in support of Indonesian democracy through the Congressional Caucus on Indonesia and the House Democracy Assistance Commission, which has had a productive partnership with the DPR since 2006 and remains firmly committed to continuing this partnership: Now, therefore, be it

That the House of Representatives—
(1)condemns in the strongest terms the July 17, 2009, attacks in Jakarta and all other terrorist attacks against targets in Indonesia;
(2)expresses its condolences to the people of Indonesia and the various other countries suffering casualties in the attacks;
(3)supports the efforts of the Government of Indonesia to investigate and prosecute the attacks to the fullest extent of the law, and calls upon Indonesia and its neighbors to work together to combat terrorism in Southeast Asia;
(4)expresses its confidence that Indonesia remains a reliable partner in the global struggle against terrorism and a stable destination for trade, travel, and investment; and
(5)reaffirms the long-term commitment of the United States to the strengthening of democratic institutions and the promotion of peace, prosperity, and ethnic and religious tolerance in Indonesia.

Lorraine C. Miller,Clerk.


 HR 6098 ENR: Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008
U.S. House of Representatives
0
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Tenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
H. R. 6098

AN ACT
To amend the Homeland Security Act of 2002 to improve the financial assistance provided to State, local, and tribal governments for information sharing activities, and for other purposes.

1.Short titleThis Act may be cited as the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 or the PRICE of Homeland Security Act.
2.Clarification on use of fundsSection 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended—
(1)in subsection (a)—
(A)in the matter preceding paragraph (1), by striking Grants and all that follows through used and inserting the following: The Administrator shall permit the recipient of a grant under section 2003 or 2004 to use grant funds; and
(B)in paragraph (10), by inserting , regardless of whether such analysts are current or new full-time employees or contract employees after analysts; and
(2)in subsection (b)—
(A)by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(B)by inserting after paragraph (2) the following:

(3)Limitations on discretion
(A)In generalWith respect to the use of amounts awarded to a grant recipient under section 2003 or 2004 for personnel costs in accordance with paragraph (2) of this subsection, the Administrator may not—
(i)impose a limit on the amount of the award that may be used to pay for personnel, or personnel-related, costs that is higher or lower than the percent limit imposed in paragraph (2)(A); or
(ii)impose any additional limitation on the portion of the funds of a recipient that may be used for a specific type, purpose, or category of personnel, or personnel-related, costs.
(B)AnalystsIf amounts awarded to a grant recipient under section 2003 or 2004 are used for paying salary or benefits of a qualified intelligence analyst under subsection (a)(10), the Administrator shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant..
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


 HR 1493 ENR: Protect and Preserve International Cultural Property Act
U.S. House of Representatives

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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Fourteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
H. R. 1493

AN ACT
To protect and preserve international cultural property at risk due to political instability, armed conflict, or natural or other disasters, and for other purposes.

1.Short titleThis Act may be cited as the Protect and Preserve International Cultural Property Act. 2.Sense of CongressIt is the sense of Congress that the President should establish an interagency coordinating committee to coordinate the efforts of the executive branch to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters. Such committee should—
(1)be chaired by a Department of State employee of Assistant Secretary rank or higher, concurrent with that employee’s other duties; (2)include representatives of the Smithsonian Institution and Federal agencies with responsibility for the preservation and protection of international cultural property;
(3)consult with governmental and nongovernmental organizations, including the United States Committee of the Blue Shield, museums, educational institutions, and research institutions, and participants in the international art and cultural property market on efforts to protect and preserve international cultural property; (4)coordinate core United States interests in—
(A)protecting and preserving international cultural property; (B)preventing and disrupting looting and illegal trade and trafficking in international cultural property, particularly exchanges that provide revenue to terrorist and criminal organizations;
(C)protecting sites of cultural and archaeological significance; and (D)providing for the lawful exchange of international cultural property.
3.Emergency protection for Syrian cultural property
(a)In generalThe President shall exercise the authority of the President under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) to impose import restrictions set forth in section 307 of that Act (19 U.S.C. 2606) with respect to any archaeological or ethnological material of Syria— (1)not later than 90 days after the date of the enactment of this Act;
(2)without regard to whether Syria is a State Party (as defined in section 302 of that Act (19 U.S.C. 2601)); and (3)notwithstanding—
(A)the requirement of subsection (b) of section 304 of that Act (19 U.S.C. 2603(b)) that an emergency condition (as defined in subsection (a) of that section) applies; and (B)the limitations under subsection (c) of that section.
(b)Annual Determination Regarding Certification
(1)Determination
(A)In generalThe President shall, not less often than annually, determine whether at least 1 of the conditions specified in subparagraph (B) is met, and shall notify the appropriate congressional committees of such determination. (B)ConditionsThe conditions referred to in subparagraph (A) are the following:
(i)The Government of Syria is incapable, at the time a determination under such subparagraph is made, of fulfilling the requirements to request an agreement under section 303 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602), including the requirements under subsection (a)(3) of that section. (ii)It would be against the United States national interest to enter into such an agreement.
(2)Termination of restrictions
(A)In generalExcept as provided in subparagraph (B), the import restrictions referred to in subsection (a) shall terminate on the date that is 5 years after the date on which the President determines that neither of the conditions specified in paragraph (1)(B) are met. (B)Request for terminationIf Syria requests to enter into an agreement with the United States pursuant to section 303 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602) on or after the date on which the President determines that neither of the conditions specified in paragraph (1)(B) are met, the import restrictions referred to in subsection (a) shall terminate on the earlier of—
(i)the date that is 3 years after the date on which Syria makes such a request; or (ii)the date on which the United States and Syria enter into such an agreement.
(c)Waiver
(1)In generalThe President may waive the import restrictions referred to in subsection (a) for specified archaeological and ethnological material of Syria if the President certifies to the appropriate congressional committees that the conditions described in paragraph (2) are met. (2)ConditionsThe conditions referred to in paragraph (1) are the following:
(A)
(i)The owner or lawful custodian of the specified archaeological or ethnological material of Syria has requested that such material be temporarily located in the United States for protection purposes; or (ii)if no owner or lawful custodian can reasonably be identified, the President determines that, for purposes of protecting and preserving such material, the material should be temporarily located in the United States.
(B)Such material shall be returned to the owner or lawful custodian when requested by such owner or lawful custodian. (C)There is no credible evidence that granting a waiver under this subsection will contribute to illegal trafficking in archaeological or ethnological material of Syria or financing of criminal or terrorist activities.
(3)ActionIf the President grants a waiver under this subsection, the specified archaeological or ethnological material of Syria that is the subject of such waiver shall be placed in the temporary custody of the United States Government or in the temporary custody of a cultural or educational institution within the United States for the purpose of protection, restoration, conservation, study, or exhibition, without profit. (4)Immunity from seizureAny archaeological or ethnological material that enters the United States pursuant to a waiver granted under this section shall have immunity from seizure under Public Law 89–259 (22 U.S.C. 2459). All provisions of Public Law 89–259 shall apply to such material as if immunity from seizure had been granted under that Public Law.
(d)DefinitionsIn this section: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
(A)the Committee on Foreign Relations and the Committee on Finance of the Senate; and (B)the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives.
(2)Archaeological or ethnological material of SyriaThe term archaeological or ethnological material of Syria means cultural property (as defined in section 302 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601)) that is unlawfully removed from Syria on or after March 15, 2011. 4.ReportNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the next 6 years, the President shall submit to the appropriate congressional committees a report on the efforts of the executive branch, during the 12-month period preceding the submission of the report, to protect and preserve international cultural property, including—
(1)whether an interagency coordinating committee as described in section 2 has been established and, if such a committee has been established, a description of the activities undertaken by such committee, including a list of the entities participating in such activities; (2)a description of measures undertaken pursuant to relevant statutes, including—
(A)actions to implement and enforce section 3 of this Act and section 3002 of the Emergency Protection for Iraqi Cultural Antiquities Act of 2004 (Public Law 108–429; 118 Stat. 2599), including measures to dismantle international networks that traffic illegally in cultural property; (B)a description of any requests for a waiver under section 3(c) of this Act and, for each such request, whether a waiver was granted;
(C)a list of the statutes and regulations employed in criminal, civil, and civil forfeiture actions to prevent illegal trade and trafficking in cultural property; (D)actions undertaken to ensure the consistent and effective application of law in cases relating to illegal trade and trafficking in cultural property; and
(E)actions undertaken to promote the legitimate commercial and non-commercial exchange and movement of cultural property; and (3)actions undertaken in fulfillment of international agreements on cultural property protection, including the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague May 14, 1954.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


105 S61 RS: To remove the sunset provision of section 203 of Public Law 105–384 and for other purposes.
U.S. Senate
2017-01-09
text/xml
EN
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IICalendar No. 111115th CONGRESS1st SessionS. 61[Report No. 115–88]IN THE SENATE OF THE UNITED STATESJanuary 9, 2017Ms. Cantwell (for herself, Ms. Murkowski, Mr. Wyden, Mrs. Murray, Mr. Merkley, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationJune 5, 2017Reported by Mr. Thune, without amendmentA BILLTo remove the sunset provision of section 203 of Public Law 105–384 and for other purposes.

 1.Dungeness crab fishery managementSection 203 of the Act entitled An Act to approve a governing international agreement between the United States and the Republic of Poland, and for other purposes, approved November 13, 1998 (Public Law 105–384; 16 U.S.C. 1856 note), is amended—
 (1)by striking subsection (i); and (2)by redesignating subsection (j) as subsection (i).June 5, 2017Reported without amendment


116 HR 1906 IH: To amend the Internal Revenue Code of 1986 to permanently extend the nonbusiness energy property credit.
U.S. House of Representatives
2019-03-27
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1906IN THE HOUSE OF REPRESENTATIVESMarch 27, 2019Mr. Crow introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to permanently extend the nonbusiness energy property credit.
1.Permanent extension of nonbusiness energy property credit
(a)In generalSection 25C(g)(2) of the Internal Revenue Code of 1986 is amended by striking subsection (g). (b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2017.


116 S3683 IS: COVID–19 Accountability Act
U.S. Senate
2020-05-11
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EN
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II116th CONGRESS2d SessionS. 3683IN THE SENATE OF THE UNITED STATESMay 11, 2020Mr. Graham (for himself, Mr. Braun, Mr. Daines, Mrs. Hyde-Smith, Mr. Scott of Florida, Mr. Tillis, Mr. Inhofe, Mr. Wicker, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo authorize the imposition of sanctions with respect to the People's Republic of China for its obstruction or failure to cooperate in investigations relating to the outbreak of COVID–19, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the COVID–19 Accountability Act.(b)Table of contentsThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents.Sec. 2. Findings.Sec. 3. Statement of policy.TITLE I—Sanctions with respect to the People's Republic of ChinaSec. 101. Sanctions with respect to the obstruction or failure of the People's Republic of China to cooperate in investigations relating to the outbreak of COVID–19.TITLE II—Ensuring a safe and secure supply of pharmaceuticals for the United StatesSec. 201. Food and Drug Administration reporting requirements.TITLE III—Encouraging the return and development of United States industrySec. 301. Increase in alternative simplified research credit.Sec. 302. Special rules for certain United States manufacturers.Sec. 303. Domestic purchasing requirement for personal protective equipment acquisitions for the Strategic National Stockpile.TITLE IV—Matters relating to TaiwanSec. 401. Participation of Taiwan in the World Health Organization.Sec. 402. Briefing on United States strategy regarding Taiwan’s international recognition.Sec. 403. Sense of Congress on the implementation of the Asia Reassurance Initiative Act.2.FindingsCongress makes the following findings: (1)The People’s Republic of China, including the Government of the People’s Republic of China and the Chinese Communist Party, has mishandled its management and response to the outbreak of coronavirus disease 2019 (commonly known as COVID–19) in Wuhan, Hubei Province.(2)On December 31, 2019, the World Health Organization headquarters in Geneva learned of pneumonia with an unknown cause, not from Chinese authorities, but from a United States-based listserv, Pro-MED, a platform for sharing early, open-source intelligence about potential epidemics.(3)On January 9, 2020, the Chinese Communist Party officially announced a coronavirus outbreak, 2 days after the World Health Organization announced an outbreak and 8 days after closing the Wuhan Hua’nan wet market.(4)The Chinese Communist Party continually suppressed medical information, such as early knowledge of the risk of human-to-human transmission of the SARS–CoV–2 virus, which causes COVID–19, from doctors and medical professionals while subjecting them to humiliating reprimands.(5)On January 20, 2020, the Chinese Communist Party finally acknowledged that the SARS–CoV–2 virus can be transmitted human to human, despite denials as recently as January 15, 2020.(6)On January 2, 2020, researchers in the People’s Republic of China completed a genomic analysis of the SARS–CoV–2 virus, but failed to share the results with the international community until January 12, 2020.(7)On January 6, 2020, officials from the United States Centers for Disease Control and Prevention offered to visit the People’s Republic of China to help respond to the COVID–19 epidemic, but the offer was declined by the Chinese Communist Party, and the Centers for Disease Control and Prevention were informed that United States medical researchers were not permitted to enter the People’s Republic of China until February 16, 2020, as part of a World Health Organization delegation.(8)The Chinese Communist Party exponentially increased the spread of COVID–19 domestically and internationally by continuing to permit international flights well after domestic quarantines were put in place.(9)The Chinese Communist Party contributed to the community spread of COVID–19 by, on January 18, 2020, permitting a 40,000-family potluck banquet in the Bubuting Community of Wuhan as part of the Lunar New Year festivities.(10)On March 12, 2020, officials within the Chinese Communist Party knowingly spread disinformation that the SARS–CoV–2 virus had originated with the United States Armed Forces.(11)COVID–19 has decimated the global economy, caused trillions of dollars in economic damage, and cost millions of United States citizens their jobs.(12)As of the end of April 2020, COVID–19 has—(A)infected more than 3,000,000 individuals globally and almost 1,000,000 people in the United States; and (B)caused more than 200,000 deaths globally and more than 50,000 deaths in the United States.3.Statement of policyIt is the policy of the United States—(1)to fully investigate the outbreak of the SARS–CoV–2 virus, including the role the Government of the People’s Republic of China and the Chinese Communist Party played in withholding information and knowingly misinforming international organizations and countries impacted by COVID–19;(2)to ensure that the Government of the People's Republic of China immediately closes all operating wet markets that have a potential to expose humans to health risks through the introduction of zoonotic disease into the human population;(3)to draw international attention to—(A)any violations by the Government of the People's Republic of China of the fundamental rights of the people of Hong Kong, as provided by the International Covenant on Civil and Political Rights; and (B)any encroachment on the autonomy guaranteed to Hong Kong by the Basic Law of Hong Kong and the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984; and(4)to reduce the reliance of essential United States industries on the People’s Republic of China to fulfill supply chain needs. ISanctions with respect to the People's Republic of China101.Sanctions with respect to the obstruction or failure of the People's Republic of China to cooperate in investigations relating to the outbreak of COVID–19(a)Certification requiredNot later than 60 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to Congress—(1)a certification that the Government of the People’s Republic of China—(A)is completely cooperating with any efforts relating to the COVID–19 outbreak led by the United States, partners of the United States, or any institution affiliated with the United Nations;(B)has prohibited the operation of wet markets that have a potential to expose humans to health risks through the introduction of zoonotic disease into the human population; and (C)has released and dropped all charges for anyone arrested or detained in the People’s Republic of China since November 2019 relating to their participation in the protests in Hong Kong relating to COVID–19; or (2)a report describing the reasons the President is not able to make the certification described in paragraph (1).(b)Imposition of sanctions and prohibitionsIf the President is unable to make a certification described in paragraph (1) of subsection (a) by a date required by that subsection, the President may impose 2 or more of—(1)the sanctions described in subsection (c) with respect to—(A)any official of the Government of the People's Republic of China;(B)any entity owned, directed, or otherwise controlled by that Government; and(C)any individual associated with an entity described in paragraph (2); or(2)the prohibition described in subsection (d).(c)Sanctions describedThe sanctions that may be imposed with respect to an official, entity, or individual under this subsection are the following:(1)Property blockingThe President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in property and interests in property of such an official, entity, or individual (and, in the case of an official or other individual, the immediate family members of the official or individual) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.(2)Aliens ineligible for visas, admission, or parole(A)Visas, admission, or paroleNotwithstanding section 221 of the Immigration and Nationality Act (8 U.S.C. 1201), the Secretary of State may deny a visa to, and the Secretary of Homeland Security may deny admission or parole into the United States for, such an official or individual who is an alien.(B)Current visas revoked(i)In generalPursuant to section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of any such officer or Secretary) may revoke any visa or other entry documentation issued to an alien described in subparagraph (A), regardless of when the visa or other documentation was issued.(ii)Effect of revocationA revocation under clause (i) may take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.(3)Loans from United States financial institutionsThe President may prohibit any United States financial institution from making loans, underwriting, or providing credits to any such entity unless the entity is determined by the United States Government to be engaged in activities to relieve human suffering and the loans or credits have been approved by the United States Government for such activities.(4)Loans from and procurement by international financial institutionsThe President shall direct the United States executive director of each international financial institution (as defined in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c))) to use the voice and vote of the United States to oppose—(A)any financial assistance from the international financial institution that would benefit any such entity; and(B)the awarding by the international financial institution of procurement contracts to any such entity.(5)Limitation on Chinese ownership interests in United States issuers of securities(A)In generalThe Securities and Exchange Commission may prohibit a covered entity from listing securities issued by the entity on a national securities exchange if an entity or individual subject to subsection (b) has a majority ownership interest in the covered entity.(B)DefinitionsIn this paragraph:(i)Covered entityThe term covered entity means an entity—(I)that is incorporated under the laws of any State, or whose principal place of business is within a State; and(II)that produces components that may be used in—(aa)services supplied by an entity subject to subsection (b); or(bb)goods produced, or exported, by an entity subject to subsection (b).(ii)Exchange; securityThe terms exchange and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).(iii)Majority ownership interestAn entity or individual holds a majority ownership interest in a covered entity if the entity or individual owns—(I)more shares in the covered entity than any other shareholder; and (II)enough shares in the covered entity to control decisions of the entity.(iv)National securities exchangeThe term national securities exchange means an exchange that is registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).(d)Prohibition against student visas for Chinese nationalsThe Secretary of State may deny an alien who is a citizen or national of the People’s Republic of China admission, parole, or other permission to enter the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).(e)Application; exceptions(1)Inapplicability of national emergency requirementThe requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of subsection (c)(1).(2)Exception for intelligence activitiesSanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (3)Exception relating to importation of goods(A)In generalThe authorities and requirements to impose sanctions under subsection (c)(1) shall not include the authority or a requirement to impose sanctions on the importation of goods.(B)Good definedIn this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.(4)Exception to comply with international obligations and for law enforcement activitiesSanctions under subsection (c)(2) and the prohibition under subsection (d) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—(A)to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or(B)to carry out or assist law enforcement activity in the United States. (f)Implementation; penalties(1)ImplementationThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.(2)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g)Suspension; reinstatement(1)In generalThe authority to impose sanctions or prohibitions under this section, and any sanctions or prohibitions so imposed, shall be suspended on the date on which the President submits to Congress a certification described in subsection (a)(1).(2)Effect of subsequent failure to certifyIf, after a suspension of sanctions and prohibitions under paragraph (1), the President is unable to submit a certification described in paragraph (1) of subsection (a) at a time required by that subsection, the authority to impose sanctions and prohibitions under this section, and any sanctions or prohibitions previously imposed under this section, shall be reinstated.(h)DefinitionsIn this section:(1)Admission; admitted; alienThe terms admission, admitted, and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2)United States personThe term United States person means—(A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or(B)an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. IIEnsuring a safe and secure supply of pharmaceuticals for the United States201.Food and Drug Administration reporting requirements(a)In generalNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit to the appropriate congressional committees—(1)a list of all brand name and generic drugs and corresponding active pharmaceutical ingredients that the Commissioner determines are—(A)critical to the health and safety of United States consumers; and (B)are exclusively produced, or incorporate active pharmaceutical ingredients produced, in the People's Republic of China; (2)(A)a certification that the pharmaceutical industry in the People's Republic of China is being regulated for safety, either by authorities of the Government of the People's Republic of China or by the Food and Drug Administration, to substantially the same degree as the United States pharmaceutical industry; or(B)if the Commissioner is unable to make a certification described in subparagraph (A), a plan to protect the people of the United States from unsafe or contaminated drugs manufactured in the People's Republic of China; and(3)a report on imports from the People’s Republic of China of all personal protective equipment that is intended for use as a medical device, including—(A)information on the percentage of demand in the United States for such equipment that is met by such imports; and (B)an analysis of the percentage of such imports that meet the standards of the Commissioner for use in the United States.(b)Appropriate congressional committees definedIn this section, the term appropriate congressional committees means—(1)the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2)the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.IIIEncouraging the return and development of United States industry301.Increase in alternative simplified research credit(a)In generalSubparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 is amended by striking 14 percent and inserting 20 percent.(b)Conforming amendmentClause (ii) of section 41(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking 6 percent and inserting 10 percent.(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. 302.Special rules for certain United States manufacturers(a)Increase in research creditSection 41(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:(C)Special rules for qualified manufacturers(i)In generalIn the case of a taxpayer who meets the requirements of clause (ii) for the taxable year—(I)subparagraph (A) shall be applied by substituting 30 percent for 20 percent, and(II)subparagraph (B)(ii) shall be applied by substituting 14 percent for 10 percent.(ii)Requirements(I)In generalA taxpayer meets the requirements of this clause if not less than 50 percent of the gross receipts for applicable products sold by the taxpayer during the taxable year are produced or manufactured in whole or in significant part within the United States.(II)Applicable productsFor purposes of this clause, the term applicable product means any product with respect to which a credit was allowed under this section to the taxpayer in a preceding taxable year..(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. 303.Domestic purchasing requirement for personal protective equipment acquisitions for the Strategic National Stockpile(a)RequirementExcept as provided in subsections (c) and (d), funds appropriated or otherwise available to the Secretary of Health and Human Services for the Strategic National Stockpile may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.(b)Covered itemsAn item described in this subsection is an article or item of—(1)personal protective equipment or clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);(2)surgical masks, respirator masks, face shields, surgical and privacy gowns, head and foot coverings, testing swabs, bedding, or other critical medical supplies;(3)cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or(4)any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.(c)Availability exceptionSubsection (a) shall not apply to the extent that the Secretary of Health and Human Services determines that a sufficient quantity of a satisfactory quality of any such article or item described in subsection (b) that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices. This section shall not apply to covered items that are, or include, materials determined to be non-available in accordance with Federal Acquisition Regulation 25.104 Nonavailable Articles.(d)Exception for small purchasesSubsection (a) shall not apply to purchases for amounts that do not exceed $150,000. A proposed purchase or contract for an amount in excess of $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for the exception under this subsection.(e)Geographic coverageIn this section, the term United States includes the possessions of the United States.(f)Notification required within 7 days after contract award if certain exceptions appliedIn the case of any contract for the procurement of an item described in subsection (b), if the Secretary of Health and Human Services applies the exception described in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the awarding of the contract, post a notification that the exception has been applied on the internet website maintained by the General Services Administration known as FedBizOps.gov (or any successor site).(g)Training during fiscal year 2021(1)In generalThe Secretary of Health and Human Services shall ensure that each member of the acquisition workforce in the Department of Health and Human Services who participates personally and substantially in acquisitions on a regular basis receives training during fiscal year 2021 on the requirements of this section and the regulations implementing this section.(2)Inclusion of information in new training programsThe Secretary of Health and Human Services shall ensure that any training program for the acquisition workforce developed or implemented after fiscal year 2021, includes comprehensive information on the requirements described in paragraph (1).(h)Application to other agenciesIf responsibility for maintaining the Strategic National Stockpile is transferred from the Department of Health and Human Services to any other Federal department or agency, the provisions of this section shall apply to the head of such department or agency.(i)Effective dateThis section shall apply with respect to contracts entered into by the Department of Health and Human Services beginning 60 days after the date of enactment of this Act. IVMatters relating to Taiwan401.Participation of Taiwan in the World Health Organization(a)FindingsCongress makes the following findings:(1)The World Health Organization (WHO) is a specialized agency of the United Nations, charged with coordinating health efforts within the United Nations system. The World Health Assembly (WHA) is the decision-making body of the WHO, which convenes annually in May to set the policies and priorities of the organization. Statehood is not a requirement for attendance at the WHA, and numerous observers, including nonmembers and nongovernmental organizations, attended the most recent WHA in May 2018.(2)Taiwan began seeking to participate in the WHO as an observer in 1997. In 2009, with strong support from successive United States Administrations, Congress, and like-minded WHO Member States, and during a period of improved Cross-Strait relations, Taiwan received an invitation to attend the WHA as an observer under the name Chinese Taipei. Taiwan received the same invitation each year until 2016, when following the election of President Tsai-Ing Wen of the Democratic Progressive Party, Taiwan’s engagement in the international community began facing increased resistance from the People’s Republic of China (PRC). Taiwan’s invitation to the 2016 WHA was received late and included new language conditioning Taiwan’s participation on the PRC’s one China principle. In 2017 and 2018, Taiwan did not receive an invitation to the WHA.(3)Taiwan remains a model contributor to world health, having provided financial and technical assistance to respond to numerous global health challenges. Taiwan has invested over $6,000,000,000 in international medical and humanitarian aid efforts impacting over 80 countries since 1996. In 2014, Taiwan responded to the Ebola crisis by donating $1,000,000 and providing 100,000 sets of personal protective equipment. Through the Global Cooperation and Training Framework, the United States and Taiwan have jointly conducted training programs for experts to combat MERS, Dengue Fever, and Zika. These diseases know no borders, and Taiwan’s needless exclusion from global health cooperation increases the dangers presented by global pandemics.(4)Taiwan’s international engagement has faced increased resistance from the PRC. Taiwan was not invited to the 2016 Assembly of the International Civil Aviation Organization (ICAO), despite participating as a guest at the organization’s prior summit in 2013. Taiwan’s requests to participate in the General Assembly of the International Criminal Police Organization (INTERPOL) have also been rejected. In May 2017, PRC delegates disrupted a meeting of the Kimberley Process on conflict diamonds held in Perth, Australia, until delegates from Taiwan were asked to leave. Since 2016, the Democratic Republic of São Tomé and Príncipe, the Republic of Panama, the Dominican Republic, Burkina Faso, the Republic of El Salvador, the Solomon Islands, and Kiribati have terminated longstanding diplomatic relationships with Taiwan and granted diplomatic recognition to the PRC.(5)Congress has established a policy of support for Taiwan’s participation in international bodies that address shared transnational challenges, particularly in the WHO. Congress passed H.R. 1794 in the 106th Congress, H.R. 428 in the 107th Congress, and S. 2092 in the 108th Congress to direct the Secretary of State to establish a strategy for, and to report annually to Congress on, efforts to obtain observer status for Taiwan at the WHA. Congress also passed H.R. 1151 in the 113th Congress, directing the Secretary to report on a strategy to gain observer status for Taiwan at the ICAO Assembly, and H.R. 1853 in the 114th Congress, directing the Secretary to report on a strategy to gain observer status for Taiwan at the INTERPOL Assembly. However, since 2017 Taiwan has not received an invitation to attend any of these events as an observer.(b)Augmentation of report concerning the participation of Taiwan in the World Health Organization(1)In generalSubsection (c) of section 1 of Public Law 108–235 (118 Stat. 656) is amended by adding at the end the following new paragraph:(3)An account of the changes and improvements the Secretary of State has made to the United States plan to endorse and obtain observer status for Taiwan at the World Health Assembly, following any annual meetings of the World Health Assembly at which Taiwan did not obtain observer status..(2)Effective dateThe amendment made by paragraph (1) shall take effect and apply beginning with the first report required under subsection (c) of section 1 of Public Law 108–235 that is submitted after the date of the enactment of this Act.402.Briefing on United States strategy regarding Taiwan’s international recognition(a)In generalNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for 3 years, the Secretary of State shall provide to the appropriate congressional committees a briefing on actions taken by the United States to reaffirm and strengthen Taiwan’s official and unofficial diplomatic relationships.(b)ElementsThe briefing required by subsection (a) shall include the following elements:(1)A description of the actions taken by the United States commencing May 20, 2016, to consult with governments around the world, including the governments that maintain official diplomatic relations with Taiwan, with the purpose of inducing those governments to maintain official diplomatic relations with Taiwan or otherwise strengthen unofficial relations with Taiwan.(2)An enumeration of specific countries of concern, if any, and a description of the actions taken, or actions anticipated, by those governments, commencing May 20, 2016, to alter the formal diplomatic ties with Taiwan or to otherwise downgrade official or unofficial relations.(3)A plan of action to engage with the governments of the countries identified in paragraphs (1) and (2) and increase cooperation with respect to Taiwan.(c)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Foreign Relations of the Senate; and(2)the Committee on Foreign Affairs of the House of Representatives.403.Sense of Congress on the implementation of the Asia Reassurance Initiative ActIt is the sense of Congress that the full and timely implementation of section 209 of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409; 132 Stat. 5387), which reiterates longstanding bipartisan United States policy, is critical to demonstrate United States support for Taiwan.


114 HR 4444 : EPS Improvement Act of 2016
U.S. House of Representatives
2016-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		2d Session
		H. R. 4444
		IN THE SENATE OF THE UNITED STATES
		March 1, 2016ReceivedJuly 14, 2016Read twice and referred to the Committee on Energy and Natural ResourcesAN ACT
		To amend the Energy Policy and Conservation Act to exclude power supply circuits, drivers, and
			 devices designed to be connected to, and power, light-emitting diodes or
			 organic light-emitting diodes providing illumination from energy
			 conservation standards for external power supplies, and for other
			 purposes.

 1.Short titleThis Act may be cited as the EPS Improvement Act of 2016. 2.Application of energy conservation standards to certain external power supplies (a)Definition of external power supplySection 321(36)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(36)(A)) is amended—
 (1)by striking the subparagraph designation and all that follows through The term and inserting the following:  (A)External power supply (i)In generalThe term; and
 (2)by adding at the end the following:  (ii)ExclusionThe term external power supply does not include a power supply circuit, driver, or device that is designed exclusively to be connected to, and power—
 (I)light-emitting diodes providing illumination; (II)organic light-emitting diodes providing illumination; or
 (III)ceiling fans using direct current motors.. (b)Standards for lighting power supply circuits (1)DefinitionSection 340(2)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is amended by striking clause (v) and inserting the following:

 (v)electric lights and lighting power supply circuits;. (2)Energy conservation standard for certain equipmentSection 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following:

 (g)Lighting power supply circuitsIf the Secretary, acting pursuant to section 341(b), includes as covered equipment solid state lighting power supply circuits, drivers, or devices described in section 321(36)(A)(ii), the Secretary may prescribe under this part, not earlier than 1 year after the date on which a test procedure has been prescribed, an energy conservation standard for such equipment..
				(c)Technical corrections
 (1)Section 321(6)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6291(6)(B)) is amended by striking (19) and inserting (20). (2)Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended by striking (19) each place it appears in each of subsections (a)(3), (b)(1)(B), (b)(3), and (b)(5) and inserting (20).
 (3)Section 325(l) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by striking paragraph (19) each place it appears and inserting paragraph (20).  Passed the House of Representatives February 29, 2016.Karen L. Haas,Clerk