110 HR 910 IH: American Competitiveness and

U.S. House of Representatives
2007-02-08
text/xml
EN
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		I
		110th CONGRESS
		1st Session
		H. R. 910
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2007
			Mr. English of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Trade Act of 1974 to make certain
		  modifications to the trade adjustment assistance program.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the American Competitiveness and
			 Adjustment Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Trade Adjustment Assistance
					Sec. 101. Calculation of separation tolled during
				litigation.
					Sec. 102. Revision of eligibility criteria.
					Sec. 103. Health care tax credit.
					Sec. 104. Alternative trade adjustment assistance.
					Sec. 105. Training funds.
					Sec. 106. Effective date.
					Title II—Data Collection
					Sec. 201. Data collection; study; information to
				workers.
					Sec. 202. Determinations by the Secretary of Labor.
					Sec. 203. Effective date.
					Title III—Industry-wide Certifications
					Sec. 301. Notification.
					Sec. 302. Other methods of requesting
				investigation.
					Sec. 303. Industry-Wide determination.
					Sec. 304. Coordination with other trade provisions.
					Sec. 305. Regulations.
					Sec. 306. Effective date.
					Title IV—Office of Trade Adjustment Assistance
					Sec. 401. Office of Trade Adjustment Assistance.
					Title V—Trade Adjustment Assistance for Farmers
					Sec. 501. Clarification of marketing year and other
				provisions.
					Sec. 502. Eligibility.
					Sec. 503. Petition process.
					Sec. 504. Amount of cash benefits.
					Sec. 505. Effective date.
					Title VI—Trade adjustment assistance for firms
					Sec. 601. Modification of eligibility.
					Title VII—Trade adjustment assistance for service workers and
				firms
					Sec. 701. Extension of trade adjustment assistance to services
				sector.
					Sec. 702. Trade adjustment assistance for firms and
				industries.
					Sec. 703. Monitoring and reporting.
					Sec. 704. Effective date.
					Title VIII—Authorization of appropriations
					Sec. 801. Authorization of appropriations for trade adjustment
				assistance.

			ITrade
			 Adjustment Assistance
			101.Calculation of
			 separation tolled during litigationSection 233 of the
			 Trade Act of 1974 (19 U.S.C. 2293) is
			 amended by adding at the end the following:

					(h)Special rule for
				calculating separationNotwithstanding any other provision of
				this chapter, any period during which a judicial or administrative appeal is
				pending with respect to the denial by the Secretary of a petition under section
				223 shall not be counted for purposes of calculating the period of separation
				under subsection (a)(2), and an adversely affected worker that would otherwise
				be entitled to a trade readjustment allowance shall not be denied such
				allowance because of such
				appeal.
					.
			102.Revision of
			 eligibility criteria
				(a)Downstream
			 workersSection 222(c)(3) of the Trade Act of 1974 (19 (U.S.C. 2272(c)(3)) is
			 amended by striking , if the certification of eligibility and
			 all that follows through the end and inserting a period.
				(b)Shifts in
			 productionSection 222(a)(2)(B) of the
			 Trade Act of 1974 (19 (U.S.C.
			 2272(a)(2)(B)) is amended to read as follows:

						(B)there has been a shift in production
				by such workers’ firm or subdivision to a foreign country of articles like or
				directly competitive with articles which are produced by such firm or
				subdivision.
						.
				103.Health care tax
			 credit
				(a)Removal of
			 training requirementSection 35(c)(2) of the Internal Revenue Act
			 of 1986 (26 U.S.C. 35(c)(2)) is amended by striking subsection
			 (a)(3)(B) and inserting subsections (a)(3)(B) and
			 (a)(5).
				(b)Presumptive
			 eligibility for petitioners for trade adjustment assistance
					(1)In
			 generalSection 35(c) of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new paragraph:

							(5)Presumptive
				status as a TAA recipientThe
				term eligible individual shall include any individual who is
				covered by a petition filed with the Secretary of Labor under section 221 of
				the Trade Act of 1974. This paragraph
				shall apply to any individual only with respect to months which—
								(A)end after the date that such petition is so
				filed, and
								(B)begin before the earlier of—
									(i)the 90th day after the date of filing of
				such petition, or
									(ii)the date on which the Secretary of Labor
				makes a final determination with respect to such
				petition.
									.
					(2)Conforming
			 amendments
						(A)Paragraph (1) of section 7527(d) of such
			 Code is amended by striking or an eligible alternative TAA recipient (as
			 defined in section 35(c)(3)) and inserting , an eligible
			 alternative TAA recipient (as defined in section 35(c)(3)), or an individual
			 who is an eligible individual by reason of section 35(c)(5).
						(B)Section 173(f)(4) of the Workforce
			 Investment Act of 1998 (29 U.S.C. 2918(f)(4)) is amended—
							(i)in subparagraph (B), by striking
			 and at the end;
							(ii)in subparagraph (C), by striking the period
			 and inserting , and ; and
							(iii)by inserting after subparagraph (C), the
			 following new subparagraph:

									(D)an individual who is an eligible individual
				by reason of section 35(c)(5) of the Internal Revenue Code of
				1986.
									.
							(c)Clarification of
			 3-month creditable coverage requirement
					(1)In
			 generalClause (i) of section
			 35(e)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting
			 (prior to the employment separation necessary to attain the status of an
			 eligible individual) after 9801(c).
					(2)Conforming
			 amendmentSection 173(f)(2)(B)(ii)(I) of the Workforce Investment
			 Act of 1998 (29 U.S.C. 2918(f)(2)(B)(ii)(I)) is amended by inserting
			 (prior to the employment separation necessary to attain the status of an
			 eligible individual) after 1986.
					(d)Increase in tax
			 creditSection 35(a) of the
			 Internal Revenue Code of 1986 is amended by striking 65 percent
			 and inserting 75 percent.
				(e)Effective
			 dateThe amendments made by
			 this section shall apply to months beginning after the date of the enactment of
			 this Act in taxable years ending after that date.
				104.Alternative
			 trade adjustment assistance
				(a)Eligibility of
			 all workers; lower age requirementSection 246(a)(3) of the
			 Trade Act of 1974 (19 U.S.C.
			 2318(a)(3)) is amended to read as follows:

						(3)EligibilityA
				worker in a group that the Secretary has certified as eligible to apply for
				adjustment assistance under section 223 may elect to receive benefits under the
				alternative trade adjustment assistance program if the worker—
							(A)obtains
				reemployment not more than 26 weeks after the date of separation from the
				adversely affected employment;
							(B)is at least 40
				years of age;
							(C)earns not more
				than $50,000 a year in wages from reemployment;
							(D)is employed on a
				full-time basis as defined by State law in the State in which the worker is
				employed; and
							(E)does not return to
				the employment from which the worker was
				separated.
							.
				(b)Conforming
			 amendments
					(1)Subparagraphs (A)
			 and (B) of section 246(a)(2) of the Trade Act of
			 1974 (19 U.S.C. 2318(a)(2)) are amended by striking paragraph
			 (3)(B) and inserting paragraph (3) each place it
			 appears.
					(2)Section 246(b)(2)
			 of that Act is amended by striking subsection (a)(3)(B) and
			 inserting subsection (a)(3).
					(3)Section
			 35(c)(3)(A) of the Internal Revenue Code of 1986 is amended by striking
			 246(a)(3)(B) and inserting 246(a)(3).
					105.Training
			 funds
				(a)Funding for
			 trainingSection 236(a) of the Trade Act of 1974 (19 U.S.C.
			 2296(a)) is amended—
					(1)in paragraph (1),
			 by striking Upon such approval and all that follows to the end;
			 and
					(2)by amending
			 paragraph (2) to read as follows:

							(2)(A)Upon approval
				of a training program under paragraph (l), and subject to the limitations
				imposed by this section, an adversely affected worker covered by a
				certification issued under section 223 shall be eligible to have payment of the
				costs of that training, including any costs of an approved training program
				incurred by a worker before a certification was issued under section 223, made
				on behalf of the worker by the Secretary directly or through a voucher
				system.
								(B)Not later than 6 months after the date of
				enactment of the American Competitiveness and Adjustment Act, the Secretary
				shall develop and submit to Congress for approval a formula that provides
				workers with an individual entitlement for training costs to be administered
				pursuant to sections 239 and 240. The formula shall take into account—
									(i)the number of workers enrolled in
				trade adjustment assistance;
									(ii)the duration of the
				assistance;
									(iii)the anticipated training costs
				for workers; and
									(iv)any other factors the Secretary
				deems appropriate.
									(C)Until such time as Congress approves
				the formula, the total amount of payments that may be made under subparagraph
				(A) for any fiscal year shall not exceed 50 percent of the amount of trade
				readjustment allowances paid to workers during that fiscal
				year.
								.
					(b)Modification of
			 enrollment deadlinesSection 231(a)(5)(A)(ii) of the
			 Trade Act of 1974 (19 U.S.C.
			 2291(a)(5)(A)(ii)) is amended—
					(1)in
			 subclause (I), by striking 16th week and inserting 32nd
			 week; and
					(2)in subclause (II),
			 by striking 8th week and inserting 16th
			 week.
					(c)Approved
			 training programsSection 236(a)(5) of the Trade Act of 1974 (19
			 U.S.C. 2296(a)(5)) is amended—
					(1)by striking
			 and at the end of subparagraph (E);
					(2)by redesignating
			 subparagraph (F) as subparagraph (G); and
					(3)by inserting after
			 subparagraph (E) the following:

							(F)entrepreneurial
				training;
				and
							.
					106.Effective
			 dateExcept as provided in
			 section 103(e), the amendments made by this title take effect on the date that
			 is 60 days after the date of the enactment of this Act and apply to petitions
			 filed or recertified on or after that effective date.
			IIData
			 Collection
			201.Data
			 collection; study; information to workers
				(a)Data collection;
			 evaluationsSubchapter C of chapter 2 of title II of the
			 Trade Act of 1974 is amended by
			 inserting after section 249 the following new section:

						250.Data
				collection; evaluations; reports
							(a)Data
				collectionThe Secretary shall, pursuant to regulations
				prescribed by the Secretary, collect any data necessary to meet the
				requirements of this chapter.
							(b)Performance
				evaluationsThe Secretary shall establish an effective
				performance measuring system to evaluate the following:
								(1)Program
				performanceA comparison of the trade adjustment assistance
				program before and after the effective date of the Trade Adjustment Assistance
				Reform Act of 2002 with respect to—
									(A)the number of
				workers certified and the number of workers actually participating in the trade
				adjustment assistance program;
									(B)the time for
				processing petitions;
									(C)the number of
				training waivers granted;
									(D)the coordination
				of programs under this chapter with programs under the Workforce Investment Act
				of 1998 (29 U.S.C. 2801 et seq.);
									(E)the effectiveness
				of individual training providers in providing appropriate information and
				training;
									(F)the extent to
				which States have designed and implemented health care coverage options under
				title II of the Trade Act of 2002, including any difficulties States have
				encountered in carrying out the provisions of title II;
									(G)how Federal,
				State, and local officials are implementing the trade adjustment assistance
				program to ensure that all eligible individuals receive benefits, including
				providing outreach, rapid response, and other activities; and
									(H)any other data
				necessary to evaluate how individual States are implementing the requirements
				of this chapter.
									(2)Program
				participationThe effectiveness of the program relating
				to—
									(A)the number of
				workers receiving benefits and the type of benefits being received both before
				and after the effective date of the Trade Adjustment Assistance Reform Act of
				2002;
									(B)the number of
				workers enrolled in, and the duration of, training by major types of training
				both before and after the effective date of the Trade Adjustment Assistance
				Reform Act of 2002;
									(C)earnings history of
				workers that reflects wages before separation and wages in any job obtained
				after receiving benefits under this Act;
									(D)reemployment rates
				and sectors in which dislocated workers have been employed;
									(E)the cause of
				dislocation identified in each petition that resulted in a certification under
				this chapter; and
									(F)the number of
				petitions filed and workers certified in each congressional district of the
				United States.
									(c)State
				participationThe Secretary shall ensure, to the extent
				practicable, through oversight and effective internal control measures the
				following:
								(1)State
				participationParticipation by each State in the performance
				measurement system established under subsection (b) and shall provide
				incentives for States to supplement employment and wage data obtained through
				the use of unemployment insurance wage records.
								(2)MonitoringMonitoring
				by each State of internal control measures with respect to performance
				measurement data collected by each State.
								(3)ResponseThe
				quality and speed of the rapid response provided by each State under section
				134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C.
				2864(a)(2)(A)).
								(d)Reports
								(1)Reports by the
				Secretary
									(A)Initial
				reportNot later than 6
				months after the date of enactment of the American Competitiveness and
				Adjustment Act, the Secretary shall submit to the Committee on Finance of the
				Senate and the Committee on Ways and Means of the House of Representatives a
				report that—
										(i)describes the
				performance measurement system established under subsection (b);
										(ii)includes analysis
				of data collected through the system established under subsection (b);
				and
										(iii)provides
				recommendations for program improvements.
										(B)Annual
				reportNot later than 1 year after the date the report is
				submitted under subparagraph (A), and annually thereafter, the Secretary shall
				submit to the Committee on Finance of the Senate and the Committee on Ways and
				Means of the House of Representatives and release to the public a report that
				includes the information collected under clause (ii) of subparagraph
				(A).
									(2)State
				reportsPursuant to regulations prescribed by the Secretary, each
				State shall submit to the Secretary a report that details its participation in
				the programs established under this chapter, and that contains the data
				necessary to allow the Secretary to submit the report required under paragraph
				(1).
								(3)PublicationThe
				Secretary shall make available to each State, to Congress, and to the public,
				the data gathered and evaluated through the performance measurement system
				established under subsection
				(b).
								.
				(b)Conforming
			 amendments
					(1)CoordinationSection
			 281 of the Trade Act of 1974 (19
			 U.S.C. 2392) is amended by striking Departments of Labor and
			 Commerce and inserting Departments of Labor, Commerce, and
			 Agriculture.
					(2)Trade monitoring
			 systemSection 282 of the Trade
			 Act of 1974 (19 U.S.C. 2393) is amended by striking The
			 Secretary of Commerce and the Secretary of Labor and inserting
			 The Secretaries of Commerce, Labor, and Agriculture.
					(3)Table of
			 contentsThe table of contents for title II of the
			 Trade Act of 1974 is amended by
			 inserting after the item relating to section 249 the following new item:

								Sec. 250. Data collection; evaluations;
				reports.

							.
					202.Determinations
			 by the Secretary of LaborSection 223(c) of the
			 Trade Act of 1974 (19 U.S.C. 2273(c))
			 is amended to read as follows:

					(c)Publication of
				determinationsUpon reaching a determination on a petition, the
				Secretary shall—
						(1)promptly publish a
				summary of the determination in the Federal Register, together with the
				Secretary’s reasons for making such determination; and
						(2)make the full text
				of the determination available to the public on the Internet website of the
				Department of Labor, with full-text
				searchability.
						.
			203.Effective
			 dateThe amendments made by
			 this title take effect on the date that is 60 days after the date of the
			 enactment of this Act.
			IIIIndustry-wide
			 Certifications
			301.NotificationSection 224 of the
			 Trade Act of 1974 (19 U.S.C. 2274) is
			 amended to read as follows:

					224.Notifications
				regarding affirmative determinations and safeguards
						(a)Notifications
				regarding chapter 1 investigations and
				determinationsWhenever the
				International Trade Commission (in this chapter referred to as the
				Commission) makes a report under section 202(f) containing an
				affirmative finding regarding serious injury, or the threat thereof, to a
				domestic industry, the Commission shall immediately—
							(1)notify the Secretary of Labor of that
				finding; and
							(2)in the case of a finding with respect to an
				agricultural commodity, as defined in section 291, notify the Secretary of
				Agriculture of that finding.
							(b)Notification
				regarding bilateral safeguardsThe Commission shall immediately notify the
				Secretary of Labor and, in an investigation with respect to an agricultural
				commodity, the Secretary of Agriculture, whenever the Commission makes an
				affirmative determination pursuant to one of the following provisions:
							(1)Section 421 of the
				Trade Act of 1974 (19 U.S.C.
				2451).
							(2)Section 312 of the
				Dominican Republic-Central America-United States Free Trade Agreement
				Implementation Act (19 U.S.C. 3805 note).
							(3)Section 312 of the
				United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805
				note).
							(4)Section 312 of the United States-Australia
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(5)Section 312 of the United States-Morocco
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(6)Section 312 of the United States-Singapore
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(7)Section 312 of the United States-Chile Free
				Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(8)Section 302(b) of the North American Free
				Trade Agreement Implementation Act (19 U.S.C. 3352(b)).
							(9)Section 212 of the United States-Jordan
				Free Trade Agreement Implementation Act (19 U.S.C. 2112).
							(10)A comparable
				provision in any other legislation implementing a free trade agreement between
				the United States and one or more other countries.
							(c)Agricultural
				safeguardsThe Commissioner
				of Customs shall immediately notify the Secretary of Labor and, in the case of
				an agricultural commodity, the Secretary of Agriculture, whenever the
				Commissioner of Customs assesses additional duties on a product pursuant to one
				of the following provisions:
							(1)Section 202 of the
				Dominican Republic-Central America-United States Free Trade Agreement
				Implementation Act (19 U.S.C. 3805 note).
							(2)Section 202 of the United States-Australia
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(3)Section 202 of the United States-Morocco
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(4)Section 201(c) of the United States-Chile
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(5)Section 309 of the North American Free
				Trade Agreement Implementation Act (19 U.S.C. 3358).
							(6)Section 301(a) of the United States-Canada
				Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
							(7)Section 404 of the United States-Israel
				Free Trade Agreement Implementation Act (19 U.S.C. 2112 note).
							(8)A comparable
				provision in any other legislation implementing a free trade agreement between
				the United States and one or more other countries.
							(d)Textile
				safeguardsThe President
				shall immediately notify the Secretary of Labor whenever the President makes a
				positive determination pursuant to one of the following provisions:
							(1)Section 322 of the Dominican
				Republic-Central America-United States Free Trade Agreement Implementation Act
				(19 U.S.C. 3805 note).
							(2)Section 322 of the
				United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805
				note).
							(3)Section 322 of the United States-Australia
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(4)Section 322 of the United States-Morocco
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(5)Section 322 of the United States-Chile Free
				Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(6)Section 322 of the United States-Singapore
				Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
							(7)A comparable
				provision in any other legislation implementing a free trade agreement between
				the United States and one or more other countries.
							(e)Antidumping and
				countervailing dutiesWhenever the Commission makes a final
				affirmative determination pursuant to section 705 or section 735 of the
				Tariff Act of 1930 (19 U.S.C. 1671d
				or 1673d), the Commission shall immediately notify the Secretary of Labor and,
				in the case of an agricultural commodity, the Secretary of Agriculture, of that
				determination.
						.
			302.Other methods of
			 requesting investigationSection 221 of the
			 Trade Act of 1974 (19 U.S.C. 2271) is
			 amended—
				(1)by adding at the end the following:

						(c)Other methods of
				initiating a petitionUpon the request of the President or the
				United States Trade Representative, or the resolution of either the Committee
				on Ways and Means of the House of Representatives or the Committee on Finance
				of the Senate, the Secretary shall promptly initiate an investigation under
				this chapter to determine the eligibility for adjustment assistance of—
							(1)a group of workers (which may include
				workers from more than one facility or employer); or
							(2)all workers in an occupation as that
				occupation is defined in the Bureau of Labor Statistics Standard Occupational
				Classification
				System.
							;
				(2)in subsection (a)(2), by inserting
			 or a request or resolution filed under subsection (c), after
			 paragraph (1),; and
				(3)in subsection (a)(3), by inserting ,
			 request, or resolution after petition each place it
			 appears.
				303.Industry-Wide
			 determinationSection 223 of
			 the Trade Act of 1974 (19 U.S.C.
			 2273) is amended by adding at the end the following:

					(e)Investigation
				regarding Industry-Wide certificationIf the Secretary receives a request or a
				resolution under section 221(c) on behalf of workers in a domestic industry or
				occupation (described in section 221(c)(2)) or receives 3 or more petitions
				under section 221(a) within a 180-day period on behalf of groups of workers in
				a domestic industry or occupation, the Secretary shall make an industry-wide
				determination under subsection (a) of this section with respect to the domestic
				industry or occupation in which the workers are or were employed. If the
				Secretary does not make certification under the preceding sentence, the
				Secretary shall make a determination of eligibility under subsection (a) with
				respect to each group of workers in that domestic industry or occupation from
				which a petition was
				received.
					.
			304.Coordination with
			 other trade provisions
				(a)Industry-Wide
			 certification based on global safeguards
					(1)Recommendations
			 by itc
						(A)Section 202(e)(2)(D) of the
			 Trade Act of 1974 (19 U.S.C.
			 2252(e)(2)(D)) is amended by striking , including the provision of trade
			 adjustment assistance under chapter 2.
						(B)Section 203(a)(3)(D) of the
			 Trade Act of 1974 (19 U.S.C.
			 2253(a)(3)(D)) is amended by striking , including the provision of trade
			 adjustment assistance under chapter 2.
						(2)Assistance for
			 workersSection 203(a)(1)(A)
			 of the Trade Act of 1974 (19 U.S.C.
			 2253(a)(1)(A)) is amended to read as follows:

							(1)(A)After receiving a report under section
				202(f) containing an affirmative finding regarding serious injury, or the
				threat thereof, to a domestic industry—
								(i)the President shall take all appropriate
				and feasible action within his power; and
								(ii)(I)the Secretary of Labor shall certify as
				eligible to apply for adjustment assistance under section 223 workers employed
				in the domestic industry defined by the Commission if such workers become
				totally or partially separated, or are threatened to become totally or
				partially separated, not earlier than 1 year before, or not later than 1 year
				after, the date on which the Commission made its report to the President under
				section 202(f); and
								(II)in the case of a finding with respect to an
				agricultural commodity as defined in section 291, the Secretary of Agriculture
				shall certify as eligible to apply for adjustment assistance under section 293
				agricultural commodity producers employed in the domestic production of the
				agricultural commodity that is the subject of the finding during the most
				recent marketing
				year.
								.
					(b)Industry-Wide
			 certification based on bilateral safeguard provisions or antidumping or
			 countervailing duty orders
					(1)In
			 generalSubchapter A of
			 chapter 2 of title II of the Trade Act of
			 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section
			 224 the following new section:

							224A.Industry-Wide
				certification when bilateral safeguard provisions invoked or antidumping or
				countervailing duties imposed
								(a)Mandatory
				certificationNot later than
				10 days after the date on which the Secretary of Labor receives a notification
				with respect to the imposition of a trade remedy, safeguard determination, or
				antidumping or countervailing duty determination under section 224 (a), (b),
				(c), (d), or (e), the Secretary shall certify as eligible for trade adjustment
				assistance under section 223(a) workers employed in the domestic production of
				the article that is the subject of the trade remedy, safeguard determination,
				or antidumping or countervailing duty determination, as the case may be, if
				such workers become totally or partially separated, or are threatened to become
				totally or partially separated, not more than 1 year before or not more than 1
				year after the applicable date.
								(b)Applicable
				dateIn this section, the
				term applicable date means—
									(1)the date on which the affirmative or
				positive determination or finding is made in the case of a notification under
				section 224 (a), (b), or (d);
									(2)the date on which a final determination is
				made in the case of a notification under section 224(e); or
									(3)the date on which additional duties are
				assessed in the case of a notification under section
				224(c).
									.
					(2)Agricultural
			 commodity producersChapter 6
			 of title II of the Trade Act of 1974
			 (19 U.S.C. 2401 et seq.) is amended by striking section 294 and inserting the
			 following:

							294.Industry-Wide
				certification for agricultural commodity producers where safeguard provisions
				invoked or antidumping or countervailing duties imposed
								(a)In
				generalNot later than 10
				days after the date on which the Secretary of Agriculture receives a
				notification with respect to the imposition of a trade remedy, safeguard
				determination, or antidumping or countervailing duty determination under
				section 224 (b), (c), or (e), the Secretary shall certify as eligible for trade
				adjustment assistance under section 293(a) agricultural commodity producers
				employed in the domestic production of the agricultural commodity that is the
				subject of the trade remedy, safeguard determination, or antidumping or
				countervailing duty determination, as the case may be, during the most recent
				marketing year.
								(b)Applicable
				dateIn this section, the
				term applicable date means—
									(1)the date on which the affirmative or
				positive determination or finding is made in the case of a notification under
				section 224(b);
									(2)the date on which a final determination is
				made in the case of a notification under section 224(e); or
									(3)the date on which additional duties are
				assessed in the case of a notification under section
				224(c).
									.
					(c)Technical and
			 conforming amendmentsThe table of contents for title II of the
			 Trade Act of 1974 is amended—
					(1)by striking the item relating to section
			 224 and inserting the following:

								Sec. 224. Notifications
				regarding affirmative determinations and
				safeguards.

							;
					(2)by inserting after the item relating to
			 section 224 the following:

								Sec. 224A. Industry-wide
				certification based on bilateral safeguard provisions invoked or antidumping or
				countervailing duties
				imposed.

							;
					and
					(3)by striking the item relating to section
			 294 and inserting the following:

								Sec. 294. Industry-wide
				certification for agricultural commodity producers where safeguard provisions
				invoked or antidumping or countervailing duties
				imposed.

							.
					305.RegulationsThe Secretary of the Treasury, the Secretary
			 of Agriculture, the Secretary of Labor, and the International Trade Commission
			 may promulgate such regulations as may be necessary to carry out the amendments
			 made by this title.
			306.Effective
			 dateThe amendments made by
			 this title take effect on the date that is 60 days after the date of the
			 enactment of this Act and apply to petitions filed or recertified on or after
			 that effective date.
			IVOffice
			 of Trade Adjustment Assistance
			401.Office of Trade
			 Adjustment Assistance
				(a)In
			 generalChapter 3 of title II
			 of the Trade Act of 1974 (19 U.S.C.
			 2341 et seq.) is amended by inserting after section 255 the following new
			 section:

						255A.Office of Trade
				Adjustment Assistance
							(a)EstablishmentNot later than 90 days after the date of
				enactment of the American Competitiveness and Adjustment Act, there shall be
				established in the International Trade Administration of the Department of
				Commerce an Office of Trade Adjustment Assistance.
							(b)PersonnelThe Office shall be headed by a Director,
				and shall have such staff as may be necessary to carry out the responsibilities
				of the Secretary of Commerce described in this chapter.
							(c)FunctionsThe Office shall assist the Secretary of
				Commerce in carrying out the Secretary’s responsibilities under this
				chapter.
							.
				(b)Conforming
			 amendmentThe table of
			 contents for the Trade Act of 1974 is
			 amended by inserting after the item relating to section 255 the following new
			 item:

							Sec. 255A. Office of Trade
				Adjustment
				Assistance.

						.
				VTrade
			 Adjustment Assistance for Farmers
			501.Clarification
			 of marketing year and other provisions
				(a)In
			 generalSection 291(5) of the Trade Act of 1974 (19 U.S.C. 2401(5)) is
			 amended by inserting before the end period the following: , or in the
			 case of an agricultural commodity that has no officially designated marketing
			 year, in a 12-month period for which the petitioner provides written
			 request.
				(b)FishermenNotwithstanding
			 any other provision of law, for purposes of chapter 2 of title II of the
			 Trade Act of 1974 (19 U.S.C. 2271 et
			 seq.) fishermen who harvest wild stock shall be eligible for adjustment
			 assistance to the same extent and in the same manner as a group of workers
			 under such chapter 2.
				502.Eligibility
				(a)In
			 generalSection 292(c)(1) of the Trade Act of 1974 (19 U.S.C. 2401a(c)(1)) is
			 amended by striking 80 percent and inserting 90
			 percent.
				(b)Net farm
			 incomeSection 296(a)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2401e(a)(1)(C)) is
			 amended by inserting before the end period the following: or the
			 producer had no positive net farm income for the 2 most recent consecutive
			 years in which no adjustment assistance was received by the producer under this
			 chapter.
				503.Petition
			 processSection 293 of the
			 Trade Act of 1974 (19 U.S.C. 2401c) is amended by adding at the end the
			 following:

					(d)Addition of
				commodity producers to petitionAt any time after a petition is
				filed under section 292 by a group of agricultural commodity producers,
				including after the Secretary issues a certification of eligibility under
				subsection (a) to a group of agricultural producers, any other producer of that
				agricultural commodity may elect to join the group of producers who filed the
				petition. Any producer who makes an election under the preceding sentence is
				eligible for assistance under this chapter to the same extent as the producers
				who filed the petition.
					(e)Amendment of
				petitionIn any case in which
				the Secretary issues a certification of eligibility under subsection (a)
				pursuant to a petition filed under section 292, the group of producers of an
				agricultural commodity to whom the certification applies may thereafter amend
				the petition to modify the countries described in section 292(c)(2) or to
				modify the heading or subheading under which the agricultural commodity is
				classified under the Harmonized Tariff Schedule of the United
				States.
					.
			504.Amount of cash
			 benefitsSection 296(b)(1) of
			 the Trade Act of 1974 (19 U.S.C. 2401e(b)(1)) is amended to read as
			 follows:

					(1)In
				generalSubject to the
				provisions of section 298, an adversely affected agricultural commodity
				producer described in subsection (a) shall be entitled to adjustment assistance
				under this chapter as follows:
						(A)Commodities
				receiving assistance
							(i)In
				generalIf the agricultural
				commodity with respect to which the certification under this chapter applies is
				described in clause (ii), the adversely affected agricultural commodity
				producer shall be entitled to adjustment assistance under this chapter in an
				amount equal to the product of—
								(I)one-half of the
				difference between—
									(aa)an
				amount equal to 80 percent of the average of the national average price of the
				agricultural commodity covered by the application described in subsection (a)
				for the 5 marketing years preceding the most recent marketing year, and
									(bb)the
				national average price of the agricultural commodity for the most recent
				marketing year, and
									(II)the amount of the
				agricultural commodity produced by the agricultural commodity producer in the
				most recent marketing year.
								(ii)Agricultural
				commodities describedAn agricultural commodity is described in
				this clause if it is—
								(I)a covered commodity
				for purposes of section 1103 or 1104 of the Farm Security and Rural Investment
				Act of 2002 (7 U.S.C. 7913, 7914);
								(II)a loan commodity
				for purposes of section 1202 of that Act (7 U.S.C. 7932); or
								(III)a product
				eligible for assistance under subtitle C, D, or E of title I of that Act, or
				the amendments made by any such subtitle.
								(B)Other
				commoditiesIf the agricultural commodity with respect to which
				the certification under this chapter applies is not covered under subparagraph
				(A), the adversely affected agricultural commodity producer shall be entitled
				to adjustment assistance under this chapter in an amount equal to the product
				of—
							(i)the difference
				between—
								(I)an amount equal to
				80 percent of the average of the national average price of the agricultural
				commodity covered by the application described in subsection (a) for the 5
				marketing years preceding the most recent marketing year, and
								(II)the national
				average price of the agricultural commodity for the most recent marketing year,
				and
								(ii)the amount of the
				agricultural commodity produced by the agricultural commodity producer in the
				most recent marketing
				year.
							.
			505.Effective
			 dateThe amendments made by
			 this title apply to petitions filed or recertified under chapter 6 of title II
			 of the Trade Act of 1974 on or after January 1, 2007.
			VITrade adjustment
			 assistance for firms
			601.Modification of
			 eligibilitySection 251(c) of
			 the Trade Act of 1974 (19 U.S.C. 2341(c)) is amended—
				(1)in paragraph (1)(B)(ii) by striking
			 sales or production, or both, of an article that accounted for not less
			 than 25 percent of the total production or sales of the firm during the
			 12-month period preceding the most recent 12-month period for which data are
			 available have decreased absolutely and inserting average
			 monthly sales or production, or both, during the 60-month period preceding the
			 most recent 12-month period for which data are available, of an article that
			 accounted, during such 60-month period, for not less than 25 percent of the
			 total production or sales of the firm, have decreased absolutely;
				(2)in
			 paragraph (1)(C)—
					(A)by striking
			 increases of; and
					(B)by striking
			 importantly; and
					(3)in paragraph (2),
			 by striking subparagraph (A) and inserting the following:

						(A)If
				imports of articles like or directly competitive with articles which are
				produced by the firm concerned exceed 65 percent of the market for such
				articles in the United States, the Secretary shall give substantially greater
				weight to the factors set forth in subparagraphs (A) and (B) of paragraph (1)
				than to that set forth in subparagraph (C) of paragraph
				(1).
						.
				VIITrade adjustment
			 assistance for service workers and firms
			701.Extension of
			 trade adjustment assistance to services sector
				(a)Adjustment
			 assistance for workersSection 221(a)(1)(A) of the
			 Trade Act of 1974 (19 U.S.C.
			 2271(a)(1)(A)) is amended by striking firm) and inserting
			 firm, and workers in a service sector firm or subdivision of a service
			 sector firm or public agency).
				(b)Group
			 eligibility requirementsSection 222 of the
			 Trade Act of 1974 (19 U.S.C. 2272) is
			 amended—
					(1)in subsection (a)—
						(A)in the matter preceding paragraph (1), by
			 striking agricultural firm) and inserting agricultural
			 firm, and workers in a service sector firm or subdivision of a service sector
			 firm or public agency);
						(B)in paragraph (1), by inserting or
			 public agency after of the firm; and
						(C)in paragraph (2)—
							(i)in subparagraph (A)(ii), by striking
			 like or directly competitive with articles produced and
			 inserting or services like or directly competitive with articles
			 produced or services provided; and
							(ii)by amending subparagraph (B) (as amended by
			 section 102(b) of this Act) to read as follows:

									(B)(i)there has been a shift, by such workers'
				firm, subdivision, or public agency to a foreign country, of production of
				articles, or in provision of services, like or directly competitive with
				articles which are produced, or services which are provided, by such firm,
				subdivision, or public agency; or
										(ii)such workers' firm, subdivision, or public
				agency has obtained or is likely to obtain such services from a foreign
				country.
										;
							(2)in subsection (b)—
						(A)in the matter preceding paragraph (1), by
			 striking agricultural firm) and inserting agricultural
			 firm, and workers in a service sector firm or subdivision of a service sector
			 firm or public agency);
						(B)in paragraph (2), by inserting or
			 service after related to the article; and
						(C)in paragraph (3)(A), by inserting or
			 services after component parts;
						(3)in subsection (c)—
						(A)in paragraph (3)—
							(i)by inserting or services
			 after value-added production processes;
							(ii)by striking or finishing and
			 inserting , finishing, or testing;
							(iii)by inserting or services
			 after for articles; and
							(iv)by inserting (or
			 subdivision) after such other firm; and
							(B)in paragraph (4)—
							(i)by striking for articles and
			 inserting , or services, used in the production of articles or in the
			 provision of services; and
							(ii)by inserting (or
			 subdivision) after such other firm; and
							(4)by adding at the end the following new
			 subsection:

							(d)Basis for
				secretary’s determinations
								(1)Increased
				imports of servicesFor
				purposes of subsection (a)(2)(A)(ii), the Secretary may determine that
				increased imports of like or directly competitive services exist if the
				workers’ firm or subdivision or customers of the workers’ firm or subdivision
				accounting for not less than 20 percent of the sales of the workers’ firm or
				subdivision certify to the Secretary that they are obtaining such services from
				a foreign country.
								(2)Obtaining
				services abroadFor purposes
				of subsection (a)(2)(B)(ii), the Secretary may determine that the workers’
				firm, subdivision, or public agency has obtained or is likely to obtain like or
				directly competitive services from a foreign country based on a certification
				thereof from the workers’ firm, subdivision, or public agency.
								(3)Authority of the
				SecretaryThe Secretary may
				obtain the certifications under paragraphs (1) and (2) through questionnaires
				or in such other manner as the Secretary determines is
				appropriate.
								.
					(c)DefinitionsSection 247 of the
			 Trade Act of 1974 (19 U.S.C. 2319) is
			 amended—
					(1)in paragraph (1)—
						(A)by inserting or public
			 agency after of a firm; and
						(B)by inserting or public
			 agency after or subdivision;
						(2)in paragraph (2)(B), by inserting or
			 public agency after the firm;
					(3)by redesignating paragraphs (8) through
			 (17) as paragraphs (9) through (18), respectively; and
					(4)by inserting after paragraph (6) the
			 following:

							(7)The term public agency means a
				department or agency of a State or local government or of the Federal
				Government.
							(8)The term service sector firm
				means an entity engaged in the business of providing
				services.
							.
					(d)Technical
			 amendmentSection 245(a) of
			 the Trade Act of 1974 (19 U.S.C.
			 2317(a)) is amended by striking , other than subchapter
			 D.
				702.Trade adjustment
			 assistance for firms and industries
				(a)Firms
					(1)AssistanceSection 251 of the
			 Trade Act of 1974 (19 U.S.C. 2341) is
			 amended—
						(A)in subsection (a), by inserting or
			 service sector firm after (including any agricultural
			 firm;
						(B)in subsection (c)(1)—
							(i)in the matter preceding subparagraph (A),
			 by inserting or service sector firm after any
			 agricultural firm;
							(ii)in subparagraph (B)(ii), by inserting
			 or service after of an article; and
							(iii)in subparagraph (C), by striking
			 articles like or directly competitive with articles which are
			 produced and inserting articles or services like or directly
			 competitive with articles or services which are produced or provided;
			 and
							(C)by adding at the end the following:

								(e)Basis for
				Secretary determination
									(1)Increased
				imports of servicesFor
				purposes of subsection (c)(1)(C), the Secretary may determine that increases of
				imports of like or directly competitive services exist if customers accounting
				for not less than 20 percent of the sales of the workers’ firm certify to the
				Secretary that they are obtaining such services from a foreign country.
									(2)Authority of the
				SecretaryThe Secretary may
				obtain the certifications under paragraph (1) through questionnaires or in such
				other manner as the Secretary determines is appropriate. The Secretary may
				exercise the authority under section 249 in carrying out this
				subsection.
									.
						(2)DefinitionSection 261 of the
			 Trade Act of 1974 (19 U.S.C. 2351) is
			 amended—
						(A)by striking For purposes of
			 and inserting (a) Firm.—For purposes of; and
						(B)by adding at the end the following:

								(b)Service sector
				firmFor purposes of this
				chapter, the term service sector firm means a firm engaged in the
				business of providing
				services.
								.
						(b)IndustriesSection 265(a) of the
			 Trade Act of 1974 (19 U.S.C. 2355(a))
			 is amended by inserting or service after new
			 product.
				(c)Technical
			 amendments
					(1)In
			 generalSection 249 of the
			 Trade Act of 1974 (19 U.S.C. 2321) is
			 amended by striking subpena and inserting
			 subpoena each place it appears in the heading and the
			 text.
					(2)Table of
			 contentsThe table of
			 contents for the Trade Act of 1974 is amended by striking
			 Subpena in the item relating to section 249 and inserting
			 Subpoena.
					703.Monitoring and
			 reportingSection 282 of the
			 Trade Act of 1974 (19 U.S.C. 2393) is
			 amended—
				(1)in the first sentence—
					(A)by striking The Secretary
			 and inserting (a) Monitoring Programs.—The Secretary;
					(B)by inserting and services
			 after imports of articles;
					(C)by inserting and domestic provision
			 of services after domestic production;
					(D)by inserting or providing
			 services after producing articles; and
					(E)by inserting , or provision of
			 services, after changes in production; and
					(2)by adding at the end the following:

						(b)Collection of
				data and reports on services sector
							(1)Secretary of
				LaborNot later than 3 months
				after the date of the enactment of the American Competitiveness and Adjustment
				Act, the Secretary of Labor shall implement a system to collect data on
				adversely affected service workers that includes the number of workers by
				State, industry, and cause of dislocation of each worker.
							(2)Secretary of
				CommerceNot later than 6
				months after such date of enactment, the Secretary of Commerce shall, in
				consultation with the Secretary of Labor, conduct a study and report to the
				Congress on ways to improve the timeliness and coverage of data on trade in
				services, including methods to identify increased imports due to the relocation
				of United States firms to foreign countries, and increased imports due to
				United States firms obtaining services from firms in foreign
				countries.
							.
				704.Effective
			 dateExcept as provided in
			 subsection (b), the amendments made by this title shall take effect on the date
			 that is 60 days after the date of the enactment of this Act.
			VIIIAuthorization of
			 appropriations
			801.Authorization
			 of appropriations for trade adjustment assistance
				(a)WorkersSection
			 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking
			 2007 and inserting 2012.
				(b)FirmsSection
			 256(b) of such Act (19 U.S.C. 2346(b)) is amended by striking
			 $16,000,000 for each of fiscal years 2003 through 2007 and
			 inserting $50,000,000 for each of fiscal years 2008 through
			 2012.
				(c)FarmersSection
			 298(a) of such Act (19 U.S.C. 2401g(a)) is amended by striking
			 2007 and inserting 2012.


		I
		112th CONGRESS
		2d Session
		H. R. 3794
		IN THE HOUSE OF REPRESENTATIVES

			January 18, 2012
			Mr. Stutzman
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To repeal the National and Community Service Act of 1990
		  and the Domestic Volunteer Service Act of 1973.

		1.Short TitleThis Act may be cited as the
			 Volunteer Freedom
			 Act.
		2.Repeal of
			 volunteer service statutesEffective on the date that is 1 year after
			 the date of enactment of this Act, the National and Community Service Act of
			 1990 (42 U.S.C. 12501 et seq.) and the Domestic Volunteer Service Act of 1973
			 (42 U.S.C. 4950 et seq.) are repealed.
		3.Benefits and
			 awards to volunteers preserved
			(a)Award for
			 Completion of ServiceAn
			 individual described in section 146(a) of the National and Community Service
			 Act of 1990 (42 U.S.C. 12602(a)) who successfully completes a required
			 full-time, part-time, summer, or silver scholar term of service prior to the
			 date specified in section 2 of this Act, shall receive the educational award
			 amount for such service under section 147 of the of the National and Community
			 Service Act of 1990 (42 U.S.C. 12603).
			(b)Award for
			 Partial Completion of ServiceIf an individual serving in an approved
			 national service position does not complete a required full-time, part-time,
			 summer, or silver scholar term of service prior to the date specified in
			 section 2 of this Act, the Corporation may provide the individual with that
			 portion of the educational award approved for the individual that corresponds
			 to the quantity of the term of service actually completed by the
			 individual.


		I
		112th CONGRESS
		1st Session
		H. R. 1188
		IN THE HOUSE OF REPRESENTATIVES

			March 17, 2011
			Mr. Lance (for
			 himself, Mr. Blumenauer,
			 Mr. Flake,
			 Mr. DeFazio,
			 Mr. McClintock,
			 Ms. Woolsey, and
			 Mr. Hanna) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to terminate
		  incentives for alcohol fuels.

		1.Short titleThis Act may be cited as the
			 Repeal Ethanol Subsidies Today Act of
			 2011.
		2.Termination of
			 incentives for alcohol fuels
			(a)Termination of
			 excise tax credit for alcohol fuel mixturesSections 6426(b)(6)
			 and 6427(e)(6)(A) of the Internal Revenue Code of 1986 are each amended by
			 striking December 31, 2011 and inserting the date of the
			 enactment of the Repeal Ethanol Subsidies
			 Today Act of 2011.
			(b)Termination of
			 income tax credit for alcohol used as fuelParagraph (1) of section 40(e) of the
			 Internal Revenue Code of 1986 is amended by striking to any sale or
			 use— and all that follows and inserting for any period after the
			 date of the enactment of the Repeal Ethanol
			 Subsidies Today Act of 2011.
			(c)Elimination of
			 reduced income tax credit for ethanolThe table contained in section 40(h)(2) of
			 the Internal Revenue Code of 1986 is amended—
				(1)by striking
			 2011 and inserting the enactment date of the
			 Volumetric Ethanol Excise Tax Credit Repeal
			 Act, and
				(2)by adding at the
			 end the following:

									After such
						enactment datezerozero

						.
				(d)Effective
			 DateThe amendments made by this section shall apply to any sale,
			 use, or removal for any period after the date of the enactment of the
			 Act.


		II
		112th CONGRESS
		1st Session
		S. 1360
		IN THE SENATE OF THE UNITED STATES

			July 13, 2011
			Mr. Menendez (for
			 himself, Mr. Blumenthal,
			 Mr. Lautenberg, Mr. Whitehouse, Mr. Brown
			 of Ohio, and Mrs. Feinstein)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend the Securities Exchange Act of 1934 to require
		  shareholder authorization before a public company may make certain political
		  expenditures, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Shareholder Protection Act of
			 2011.
		2.FindingsCongress finds the following:
			(1)Corporations make significant political
			 contributions and expenditures that directly or indirectly influence the
			 election of candidates and support or oppose political causes. Decisions to use
			 corporate funds for political contributions and expenditures are usually made
			 by corporate boards and executives, rather than shareholders.
			(2)Corporations,
			 acting through their boards and executives, are obligated to conduct business
			 for the best interests of their owners, the shareholders.
			(3)Historically,
			 shareholders have not had a way to know, or to influence, the political
			 activities of corporations they own. Shareholders and the public have a right
			 to know how corporations are spending their funds to make political
			 contributions and expenditures benefitting candidates, political parties, and
			 political causes.
			(4)Corporations
			 should be accountable to their shareholders in making political contributions
			 or expenditures affecting Federal governance and public policy. Requiring the
			 express approval of a corporation’s shareholders prior to making political
			 contributions or expenditures will establish necessary accountability.
			3.Shareholder
			 approval of corporate political activityThe Securities Exchange Act of 1934 (15
			 U.S.C. 78a et seq.) is amended by inserting after section 14B (15 U.S.C. 78n–2)
			 the following:

				14C.Shareholder
				approval of certain political expenditures and disclosure of votes of
				institutional investors
					(a)DefinitionsIn this section—
						(1)the term expenditure for political
				activities—
							(A)means—
								(i)an
				independent expenditure, as such term is defined in section 301(17) of the
				Federal Election Campaign Act of 1971 (2 U.S.C. 431(17));
								(ii)an electioneering communication, as such
				term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) and any
				other public communication (as such term is defined in section 301(22) of such
				Act (2 U.S.C. 431(22))) that would be an electioneering communication if it
				were a broadcast, cable, or satellite communication; or
								(iii)dues or other payments to trade
				associations or organizations described in section 501(c) of the Internal
				Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that
				are, or could reasonably be anticipated to be, used or transferred to another
				association or organization for the purposes described in clauses (i) or (ii);
				and
								(B)does not
				include—
								(i)direct lobbying efforts through registered
				lobbyists employed or hired by the issuer;
								(ii)communications by
				an issuer to its shareholders and executive or administrative personnel and
				their families; or
								(iii)the
				establishment and administration of contributions to a separate segregated fund
				to be utilized for political purposes by a corporation; and
								(2)the term
				issuer does not include an investment company registered under
				section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a–8).
						(b)Shareholder
				authorization for political expendituresEach solicitation of proxy, consent, or
				authorization by an issuer with a class of equity securities registered under
				section 12 of this title shall—
						(1)contain—
							(A)a description of
				the specific nature of any expenditure for political activities proposed to be
				made by the issuer for the forthcoming fiscal year that has not been authorized
				by a vote of the shareholders of the issuer, to the extent the specific nature
				is known to the issuer; and
							(B)the total amount
				of expenditures for political activities proposed to be made by the issuer for
				the forthcoming fiscal year; and
							(2)provide for a separate vote of the
				shareholders of the issuer to authorize such expenditures for political
				activities in the total amount described in paragraph (1).
						(c)Vote required To
				make expendituresNo issuer shall make an expenditure for
				political activities in any fiscal year unless such expenditure—
						(1)is of the nature of those proposed by the
				issuer in subsection (b)(1); and
						(2)has been
				authorized by a vote of the majority of the outstanding shares of the issuer in
				accordance with subsection (b)(2).
						(d)Fiduciary duty;
				liability
						(1)Fiduciary
				dutyA violation of
				subsection (c) shall be considered a breach of a fiduciary duty of the officers
				and directors who authorized the expenditure for political activities.
						(2)LiabilityAn officer or director of an issuer who
				authorizes an expenditure for political activities in violation of subsection
				(c) shall be jointly and severally liable in any action brought in a court of
				competent jurisdiction to any person or class of persons who held shares at the
				time the expenditure for political activities was made for an amount equal to 3
				times the amount of the expenditure for political activities.
						(e)Disclosure of
				votes
						(1)Disclosure
				requiredEach institutional
				investment manager subject to section 13(f) shall disclose not less frequently
				than annually how it voted on any shareholder vote under subsection (a), unless
				the vote is otherwise required by rule of the Commission to be reported
				publicly.
						(2)RulesNot later than 6 months after the date of
				enactment of this section, the Commission shall issue rules to carry out this
				subsection that require that a disclosure required under paragraph (1)—
							(A)be made not later than 30 days after a vote
				described in paragraph (1); and
							(B)be made available to the public through the
				EDGAR system as soon as practicable.
							(f)Safe harbor for
				certain divestment decisionsNotwithstanding any other provision of
				Federal or State law, if an institutional investment manager makes the
				disclosures required under subsection (e), no person may bring any civil,
				criminal, or administrative action against the institutional investment
				manager, or any employee, officer, or director thereof, based solely upon a
				decision of the investment manager to divest from, or not to invest in,
				securities of an issuer due to an expenditure for political activities made by
				the
				issuer.
					.
		4.Required board
			 vote on corporate expenditures for political activitiesThe Securities Exchange Act of 1934 (15
			 U.S.C. 78 et seq.) is amended by adding after section 16 (15 U.S.C. 78p) the
			 following:

				16A.Required board
				vote on corporate expenditures for political activities
					(a)DefinitionsIn
				this section, the terms expenditure for political activities and
				issuer have the same meaning as in section 14C.
					(b)Listing on
				exchangesNot later than 180
				days after the date of enactment of this section, the Commission shall, by
				rule, direct the national securities exchanges and national securities
				associations to prohibit the listing of any class of equity security of an
				issuer that is not in compliance with the requirements of any portion of
				subsection (c).
					(c)Requirement for
				vote in corporate bylaws
						(1)Vote
				requiredThe bylaws of an
				issuer shall expressly provide for a vote of the board of directors of the
				issuer on—
							(A)any expenditure for political activities in
				excess of $50,000; and
							(B)any expenditure for political activities
				that would result in the total amount spent by the issuer for a particular
				election (as such term is defined in section 301(1) of the Federal Election
				Campaign Act of 1971 (2 U.S.C. 431(1))) in excess of $50,000.
							(2)Public
				availabilityAn issuer shall
				make the votes of each member of the board of directors for a vote required
				under paragraph (1) publicly available not later than 48 hours after the vote,
				including in a clear and conspicuous location on the Web site of the
				issuer.
						(d)No Effect on
				Determination of Coordination With Candidates or CampaignsFor purposes of the Federal Election
				Campaign Act of 1971, an expenditure for political activities by an issuer
				shall not be treated as made in concert or cooperation with, or at the request
				or suggestion of, any candidate or committee solely because a member of the
				board of directors of the issuer voted on the expenditure as required under
				this
				section.
					.
		5.Reporting
			 requirementsSection 13 of the
			 Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end
			 the following:

				(r)Reporting
				requirements relating to certain political expenditures
					(1)DefinitionsIn
				this subsection, the terms expenditure for political activities
				and issuer have the same meaning as in section 14C.
					(2)Quarterly
				reports
						(A)Reports
				requiredNot later than 180
				days after the date of enactment of this subsection, the Commission shall amend
				the reporting rules under this section to require each issuer with a class of
				equity securities registered under section 12 of this title to submit to the
				Commission and the shareholders of the issuer a quarterly report
				containing—
							(i)a description of any expenditure for
				political activities made during the preceding quarter;
							(ii)the date of each expenditure for political
				activities;
							(iii)the amount of
				each expenditure for political activities;
							(iv)the votes of each member of the board of
				directors authorizing the expenditure for political activity, as required under
				section 16A(c);
							(v)if the expenditure
				for political activities was made in support of or opposed to a candidate, the
				name of the candidate and the office sought by, and the political party
				affiliation of, the candidate; and
							(vi)the name or identity of trade associations
				or organizations described in section 501(c) of the Internal Revenue Code of
				1986 and exempt from tax under section 501(a) of such Code which receive dues
				or other payments as described in section 14C(a)(1)(A)(iii).
							(B)Public availabilityThe Commission shall ensure that, to the
				greatest extent practicable, the quarterly reports required under this
				paragraph are publicly available through the Web site of the Commission and
				through the EDGAR system in a manner that is searchable, sortable, and
				downloadable, consistent with the requirements under section 24.
						(3)Annual
				reportsNot later than 180
				days after the date of enactment of this subsection, the Commission shall, by
				rule, require each issuer to include in the annual report of the issuer to
				shareholders a summary of each expenditure for political activities made during
				the preceding year in excess of $10,000, and each expenditure for political
				activities for a particular election if the total amount of such expenditures
				for that election is in excess of
				$10,000.
					.
		6.Reports
			(a)Securities and
			 Exchange CommissionThe
			 Securities and Exchange Commission shall—
				(1)conduct an annual assessment of the
			 compliance of issuers and officers and members of the boards of directors of
			 issuers with sections 14C, 16A, and 13(r) of the Securities Exchange Act, as
			 added by this Act; and
				(2)submit to Congress an annual report of
			 containing the results of the assessment under paragraph (1).
				(b)Government
			 Accountability OfficeThe
			 Comptroller General of the United States shall periodically evaluate and report
			 to Congress on the effectiveness of the oversight by the Securities and
			 Exchange Commission of the reporting and disclosure requirements under sections
			 14C, 16A, and 13(r) of the Securities Exchange Act, as added by this
			 Act.
			7.SeverabilityIf any provision of this Act, an amendment
			 made by this Act, or the application of such provision or amendment to any
			 person or circumstance is held to be unconstitutional, the remainder of this
			 Act, the amendments made by this Act, and the application of such provision or
			 amendment to any person or circumstance shall not be affected thereby.


115 HR 3878 IH: Free Credit Freeze Act
U.S. House of Representatives
2017-09-28
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.

I115th CONGRESS1st SessionH. R. 3878IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2017Mr. Ben Ray Luján of New Mexico (for himself, Mr. Langevin, Mr. Cárdenas, Mr. Nadler, Mr. Beyer, Ms. Kaptur, Ms. Norton, Mr. Brendan F. Boyle of Pennsylvania, Mr. Bishop of Georgia, Ms. Michelle Lujan Grisham of New Mexico, Mr. Capuano, Mr. Butterfield, and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Fair Credit Reporting Act to provide access to free credit freezes for all consumers.

 1.Short titleThis Act may be cited as the Free Credit Freeze Act. 2.Provides access to free credit freezes for all consumersSection 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is amended by adding at the end the following:

				(i)Credit freeze fees
 (1)DefinitionIn this subsection, the term credit freeze means a restriction placed at the request of a consumer or a personal representative of the consumer, on the consumer report of the consumer, that prohibits a consumer reporting agency described in section 603(p) from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer. A credit freeze shall not apply to the use of a consumer report by any of the following:
 (A)A person, or the person’s subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account, contract, or debt.
 (B)A person, or the person’s subsidiary, affiliate, agent, subcontractor, or assignee, to whom access has been granted pursuant to a request by the consumer for purposes of facilitating the extension of credit or other permissible use.
 (C)Any person acting pursuant to a court order, warrant, or subpoena. (D)A Federal, State, or local government, or an agent or assignee thereof.
 (E)Any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed.
 (F)Any person for the purpose of providing a consumer with a copy of the consumer report, or credit score of the consumer upon the consumer's request.
 (G)Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting.
 (H)Any person acting pursuant to an authorization from a consumer to use their consumer report for employment purposes.
 (2)Prohibition on feesA consumer reporting agency described in section 603(p) may not charge a consumer a fee to place, temporarily lift, or fully remove a credit freeze..


116 HR 5147 IH: To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.
U.S. House of Representatives
2021-08-31
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.

I117th CONGRESS1st SessionH. R. 5147IN THE HOUSE OF REPRESENTATIVESAugust 31, 2021Mr. Wittman introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.1.Prohibition on procurement of personal protective equipment from non-allied foreign nations(a)Prohibition(1)In generalChapter 137 of title 10, United States Code, is amended by adding at the end the following new section:2339d.Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations(a)In generalExcept as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.(b)ApplicabilitySubsection (a) shall apply to prime contracts and subcontracts at any tier. (c)Exceptions(1)In generalSubsection (a) does not apply under the following circumstances:(A)If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.(B)The procurement of a covered item for use outside of the United States.(C)Purchases for amounts not greater than $150,000.(2)LimitationA proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.(d)DefinitionsIn this section:(1)Covered itemThe term covered item means an article or item of—(A)personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or(B)sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.(2)Covered nationThe term covered nation means—(A)the Democratic People’s Republic of North Korea;(B)the People’s Republic of China;(C)the Russian Federation; and(D)the Islamic Republic of Iran..(2)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following:2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations..(b)Future transfer(1)Transfer and redesignationSection 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), and redesignated as section 3882. (2)Clerical amendments(A)Target chapter table of sectionsThe table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by inserting after the item related to section 3881 the following new item: 3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations..(B)Origin chapter table of sectionsThe table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d.(3)Effective dateThe transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (4)References; savings provision; rule of constructionSections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.


114 HR 6069 IH: Pakistan State Sponsor of Terrorism Designation Act
U.S. House of Representatives
2016-09-20
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.

I114th CONGRESS2d SessionH. R. 6069IN THE HOUSE OF REPRESENTATIVESSeptember 20, 2016Mr. Poe of Texas (for himself and Mr. Rohrabacher) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo require a report on the designation of Pakistan as a state sponsor of terrorism, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Pakistan State Sponsor of Terrorism Designation Act. 2.Report on designation of Pakistan as a state sponsor of terrorism (a)FindingsCongress finds the following:
 (1)Following the September 11, 2001, terrorist attacks, al-Qaeda leaders and the Afghan Taliban fled Afghanistan to Pakistan and settled in the Federally Administered Tribal Areas (FATA). Joint Task Force Guantanamo threat assessments subsequently revealed that Pakistan’s Inter-Services Intelligence (ISI) facilitated al-Qaeda’s movement of fighters to and from Afghanistan as well as the terrorist organization’s purchase of weapons.
 (2)The Government of Pakistan, and the ISI in particular, provide support and a safe haven to groups designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) by the United States Government. Then Chairman of the United States Joint Chiefs of Staff Admiral Mike Mullen testified in 2011 that the Haqqani Network … acts as a veritable arm of Pakistan’s Inter-Services Intelligence agency. With ISI support, Haqqani operatives planned and conducted various attacks against United States personnel and interests in Afghanistan, including a 2011 attack on the United States Embassy in Kabul.
 (3)The founder and leader of al-Qaeda, Osama bin Laden, was found and killed in the Pakistani military town of Abbottabad in 2011. The Government of Pakistan subsequently condemned the raid that killed the terrorist leader and continues to imprison Dr. Shakil Afridi, the Pakistani doctor who played an instrumental role in identifying Osama bin Laden’s hiding place.
 (4)A 2012 NATO report indicated that the Afghan Taliban is directly assisted by the Pakistani security services and noted that Pakistan’s manipulation of the Taliban senior leadership continues [unabated]. The report also suggested that Pakistan is aware of the locations of senior Taliban leaders, including one who maintained a residence in the immediate vicinity of the ISI headquarters in Islamabad.
 (5)The leader of the Afghan Taliban, Mullah Akhtar Mansour, was located in southwestern Pakistan at the time of his death by a United States drone strike on May 21, 2016. Pakistan’s Baluchistan Province has long been a haven for the Afghan Taliban, and the group’s top leadership is headquartered in the city of Quetta in Baluchistan Province.
 (6)The Department of State’s 2016 Country Reports on Terrorism noted that Pakistan did not take substantial action against the Afghan Taliban or HQN (the Haqqani Network), or substantially limit their ability to threaten United States interests in Afghanistan. The report also stated that Pakistan has not taken sufficient action against other externally-focused groups such as Laskar-e-Tayyiba (LeT) and Jaish-e-Mohammad (JeM), which continued to cooperate, train, organize, and fundraise in Pakistan. Moreover, since passage of Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), the Secretary of Defense has been unable to certify that Pakistan has taken adequate action against the Haqqani Network in accordance with section 1222(f) of such Act.
 (7)Pakistan has not taken steps to demonstrate its commitment to prevent the Haqqani Network from using North Waziristan as a safe haven, nor has it shown progress in arresting and prosecuting Haqqani Network senior leaders and mid-level operatives.
				(b)Reports
 (1)In generalNot later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report that determines whether—
					(A)
 (i)with respect to each of the acts described in paragraphs (1) through (7) of subsection (a), the Government of Pakistan, including any agents or instrumentalities of such Government, directly or indirectly, committed, conspired to commit, attempted, aided, or abetted any such act; or
 (ii)the Government of Pakistan, including any agents or instrumentalities of such Government, directly or indirectly, committed, conspired to commit, attempted, aided, or abetted any act not referred to in clause (i) that constitutes an act of international terrorism; and
 (B)any such act referred to in subparagraph (A)(i) constitutes an act of or support for international terrorism.
 (2)Follow-upNot later than 30 days after the submission of the report required under paragraph (1), the Secretary of State shall determine if any act referred to in such paragraph constitutes support for international terrorism and shall submit to the appropriate congressional committees a report that contains—
 (A)a determination that the Government of Pakistan is a state sponsor of terrorism; or (B)a detailed justification as to why the conduct described in the report required under such paragraph does not meet the legal criteria for such a determination.
 (c)FormThe reports required by subsection (b) shall be submitted in unclassified form, but may include a classified annex, if appropriate.
 3.DefinitionsIn this Act: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Foreign Affairs of the House of Representatives; and (B)the Committee on Foreign Relations of the Senate.
 (2)State sponsor of terrorismThe term state sponsor of terrorism means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.


		I
		111th CONGRESS
		2d Session
		H. R. 6196
		IN THE HOUSE OF REPRESENTATIVES

			September 23, 2010
			Mr. Young of Alaska
			 (for himself, Mr. Westmoreland,
			 Mr. Coble, and
			 Mr. Graves of Missouri) introduced the
			 following bill; which was referred to the Committee on Transportation and
			 Infrastructure, and in addition to the Committee on the
			 Judiciary, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend title 23, United States Code, to modify the
		  deadline for filing a claim seeking judicial review of a permit, license, or
		  approval issued by a Federal agency for a highway or public transportation
		  capital project, and for other purposes.

		1.Deadline for claims relating
			 to highway and public transportation capital projectsSection 139(l) of title 23, United States
			 Code, is amended by striking 180 days in each of paragraphs (1)
			 and (2) and inserting 90 days.


		II
		110th CONGRESS
		1st Session
		S. 615
		IN THE SENATE OF THE UNITED
		  STATES

			February 15, 2007
			Mr. Lautenberg (for
			 himself, Mr. Brownback,
			 Mr. Menendez, Mr. Reid, Mrs.
			 Clinton, Mr. Kennedy,
			 Mr. Dodd, Mr.
			 Lieberman, Mr. Feingold, and
			 Mr. Coleman) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide the nonimmigrant spouses and
		  children of nonimmigrant aliens who perished in the September 11, 2001,
		  terrorist attacks an opportunity to adjust their status to that of an alien
		  lawfully admitted for permanent residence, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 September 11 Family Humanitarian
			 Relief and Patriotism Act.
		2.Adjustment of status for certain
			 nonimmigrant victims of terrorism
			(a)Adjustment of status
				(1)In generalThe status of any alien described in
			 subsection (b) shall be adjusted by the Secretary of Homeland Security to that
			 of an alien lawfully admitted for permanent residence, if the alien—
					(A)applies for such adjustment not later than
			 2 years after the date on which the Secretary promulgates final regulations to
			 implement this section; and
					(B)is otherwise admissible to the United
			 States for permanent residence, except in determining such admissibility the
			 grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A),
			 and (9)(B) of section 212(a) of the Immigration
			 and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
					(2)Rules in applying certain
			 provisions
					(A)In generalIn the case of an alien described in
			 subsection (b) who is applying for adjustment of status under this
			 section—
						(i)the provisions of section 241(a)(5) of the
			 Immigration and Nationality Act (8
			 U.S.C. 1231(a)(5)) shall not apply; and
						(ii)the Secretary of Homeland Security may
			 grant the alien a waiver on the grounds of inadmissibility under subparagraphs
			 (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
						(B)StandardsIn granting waivers under subparagraph
			 (A)(ii), the Secretary shall use standards used in granting consent under
			 subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).
					(3)Relationship of application to certain
			 orders
					(A)Application permittedAn alien present in the United States who
			 has been ordered excluded, deported, removed, or ordered to depart voluntarily
			 from the United States under any provision of the Immigration and Nationality Act (8 U.S.C. 1101
			 et seq.) may, notwithstanding such order, apply for adjustment of status under
			 paragraph (1).
					(B)Motion not requiredAn alien described in subparagraph (A) may
			 not be required, as a condition of submitting or granting such application, to
			 file a separate motion to reopen, reconsider, or vacate such order.
					(C)Effect of decisionIf the Secretary of Homeland Security
			 grants a request under subparagraph (A), the Secretary shall cancel the order.
			 If the Secretary renders a final administrative decision to deny the request,
			 the order shall be effective and enforceable to the same extent as if the
			 application had not been made.
					(b)Aliens eligible for adjustment of
			 statusThe benefits provided
			 by subsection (a) shall apply to any alien who—
				(1)was lawfully present in the United States
			 as a nonimmigrant alien described in section 101(a)(15) of the
			 Immigration and Nationality Act (8
			 U.S.C. 1101(a)(15)) on September 10, 2001;
				(2)was, on such date, the spouse, child,
			 dependent son, or dependent daughter of an alien who—
					(A)was lawfully present in the United States
			 as a nonimmigrant alien described in section 101(a)(15) of the
			 Immigration and Nationality Act (8
			 U.S.C. 1101(a)(15)) on such date; and
					(B)died as a direct result of a specified
			 terrorist activity; and
					(3)was deemed to be a beneficiary of, and by,
			 the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101
			 note).
				(c)Stay of removal; work
			 authorization
				(1)In generalThe Secretary of Homeland Security shall
			 establish, by regulation, a process by which an alien subject to a final order
			 of removal may seek a stay of such order based on the filing of an application
			 under subsection (a).
				(2)During certain proceedingsNotwithstanding any provision of the
			 Immigration and Nationality Act (8
			 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall not order any
			 alien to be removed from the United States, if the alien is in removal
			 proceedings under any provision of such Act and has applied for adjustment of
			 status under subsection (a), except where the Secretary has rendered a final
			 administrative determination to deny the application.
				(3)Work authorizationThe Secretary of Homeland Security shall
			 authorize an alien who has applied for adjustment of status under subsection
			 (a) to engage in employment in the United States during the pendency of such
			 application.
				(d)Availability of administrative
			 reviewThe Secretary of
			 Homeland Security shall provide to applicants for adjustment of status under
			 subsection (a) the same right to, and procedures for, administrative review as
			 are provided to—
				(1)applicants for adjustment of status under
			 section 245 of the Immigration and Nationality
			 Act (8 U.S.C. 1255); or
				(2)aliens subject to removal proceedings under
			 section 240 of such Act (8 U.S.C. 1229a).
				3.Cancellation of removal for certain
			 immigrant victims of terrorism
			(a)In generalSubject to the provisions of the
			 Immigration and Nationality Act (8
			 U.S.C. 1101 et seq.), other than subsections (b)(1), (d)(1), and (e) of section
			 240A of such Act (8 U.S.C. 1229b), the Secretary of Homeland Security shall,
			 under such section 240A, cancel the removal of, and adjust to the status of an
			 alien lawfully admitted for permanent residence, an alien described in
			 subsection (b), if the alien applies for such relief.
			(b)Aliens eligible for cancellation of
			 removalThe benefits provided
			 by subsection (a) shall apply to any alien who—
				(1)was, on September 10, 2001, the spouse,
			 child, dependent son, or dependent daughter of an alien who died as a direct
			 result of a specified terrorist activity; and
				(2)was deemed to be a beneficiary of, and by,
			 the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101
			 note).
				(c)Stay of removal; work
			 authorization
				(1)In generalThe Secretary of Homeland Security shall
			 provide by regulation for an alien subject to a final order of removal to seek
			 a stay of such order based on the filing of an application under subsection
			 (a).
				(2)Work authorizationThe Secretary of Homeland Security shall
			 authorize an alien who has applied for cancellation of removal under subsection
			 (a) to engage in employment in the United States during the pendency of such
			 application.
				(d)Motions To reopen removal
			 proceedings
				(1)In generalNotwithstanding any limitation imposed by
			 law on motions to reopen removal proceedings (except limitations premised on an
			 alien’s conviction of an aggravated felony (as defined in section 101(a)(43) of
			 the Immigration and Nationality Act (8
			 U.S.C. 1101(a)(43))), any alien who has become eligible for cancellation of
			 removal as a result of the enactment of this section may file 1 motion to
			 reopen removal proceedings to apply for such relief.
				(2)Filing periodThe Secretary of Homeland Security shall
			 designate a specific time period in which all such motions to reopen are
			 required to be filed. The period shall begin not later than 60 days after the
			 date of enactment of this Act and shall extend for a period not to exceed 240
			 days.
				4.ExceptionsNotwithstanding any other provision of this
			 Act, an alien may not be provided relief under this Act if the alien is—
			(1)inadmissible under paragraph (2) or (3) of
			 section 212(a) of the Immigration and Nationality
			 Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of
			 section 237(a) of such Act (8 U.S.C. 1227(a)), including any individual
			 culpable for a specified terrorist activity; or
			(2)a family member of an alien described in
			 paragraph (1).
			5.Evidence of deathFor purposes of this Act, the Secretary of
			 Homeland Security shall use the standards established under section 426 of the
			 Uniting and Strengthening America by Providing Appropriate Tools Required to
			 Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 (115 Stat. 362)
			 in determining whether death occurred as a direct result of a specified
			 terrorist activity.
		6.Definitions
			(a)Application of
			 Immigration and Nationality Act
			 provisionsExcept as
			 otherwise specifically provided in this Act, the definitions used in the
			 Immigration and Nationality Act (8
			 U.S.C. 1101 et seq.), other than the definitions applicable exclusively to
			 title III of such Act, shall apply in the administration of this Act.
			(b)Specified terrorist activityFor purposes of this Act, the term
			 specified terrorist activity means any terrorist activity
			 conducted against the Government or the people of the United States on
			 September 11, 2001.


116 HR 1645 IH: Peter, Ellie, and Grayson Victims of Illegal Criminal Entry Act of 2019
U.S. House of Representatives
2019-03-08
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.

I116th CONGRESS1st SessionH. R. 1645IN THE HOUSE OF REPRESENTATIVESMarch 8, 2019Mr. Ratcliffe (for himself, Mr. Burgess, Mr. Arrington, Mr. Brooks of Alabama, Mr. Babin, Mr. Gaetz, Mr. Biggs, Mr. Yoho, Mr. Wright, Mr. McClintock, Mr. Cloud, Mr. McKinley, and Mr. Guest) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to provide for certain sentencing enhancements relating to
			 illegal reentry offenses, and to clarify the manner in which sentences for
			 such offenses are to be served, and for other purposes.

 1.Short titleThis Act may be cited as the Peter, Ellie, and Grayson Victims of Illegal Criminal Entry Act of 2019 or as the VOICES Act of 2019. 2.Directives to the sentencing commissionPursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend—
 (1)its guidelines and its policy statements applicable to persons convicted of an offense who are aliens who are not lawfully present in the United States, to provide that such unlawful presence be considered an aggravating factor for any Federal criminal offense; and
 (2)its guidelines and its policy statements applicable to persons convicted of an offense under section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) to provide that any criminal offense committed after such a person unlawfully reenters, attempts to reenter, or is found in the United States be considered an aggravating factor with regard to such offense under section 276.
 3.Service of a term of imprisonment for unlawful reentrySection 3584 of title 18, United States Code, is amended by adding at the end the following:  (d)Certain immigration offensesIn the case of any defendant who is convicted of an offense under section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)—
 (1)if that defendant has committed any other offense while unlawfully present in the United States, the Federal term of imprisonment for the offense under such section 276 may not be concurrent with any State term of imprisonment for such other offense; and
 (2)no time served in a State facility or in any facility other than a facility administered by the Bureau of Prisons may be credited toward the service of the term of imprisonment for the offense under such section 276..
 4.Reentry of removed aliensSection 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended— (1)in paragraph (3), by striking or at the end;
 (2)in paragraph (4), by striking the period at the end and inserting a semicolon; and (3)by inserting after paragraph (4) the following:

 (5)who, subsequent to removal and unlawful reentry, is determined by a criminal court of competent jurisdiction to have committed an act that resulted in injury to another person or persons, shall be fined under title 18, United States Code, and imprisoned for not less than 10 years and not more than 20 years; or
 (6)who, subsequent to removal and unlawful reentry, is determined by a criminal court of competent jurisdiction to have committed an act that resulted in the death of another person or persons, shall be fined under title 18, United States Code, and imprisoned for not less than 20 years and not more than 40 years..


116 HR 408 IH: Sustainable Pension Plan Act of 2019
U.S. House of Representatives
2019-01-09
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.

I116th CONGRESS1st SessionH. R. 408IN THE HOUSE OF REPRESENTATIVESJanuary 9, 2019Ms. Plaskett introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo require the Comptroller General of the United States to submit a report to Congress regarding
			 the pension system of the United States Virgin Islands.

 1.Short titleThis Act may be cited as the Sustainable Pension Plan Act of 2019. 2.Study and report regarding Virgin Islands pension system (a)StudyThe Comptroller General of the United States shall conduct a study of the pension system of the United States Virgin Islands established by law for employees of the Government of the United States Virgin Islands (otherwise known as the Government Employees Retirement System), including—
 (1)an analysis of— (A)the benefits provided under such system, including in comparison to those offered to private employees; and
 (B)whether such system is adequately funded; and (2)recommendations on actions that may be necessary to ensure that such system can be sustainably maintained and funded by the Government of the United States Virgin Islands for the 20-year period beginning on the date of enactment of this Act.
 (b)ReportThe Comptroller General of the United States shall, not later than 1 year after the date of enactment of this Act, report to Congress the results of the study conducted under subsection (a), including any recommendations for legislative or administrative actions or changes with respect to the pension system considered in the study.