Brady

@LincolnHawthorne: With respect Mr. Vice President, unless Justice Kagan was making political donations while interviewing for her office, donating to the very people who would recommend and confirm her, you are comparing apples to basketballs.

 

4 minutes ago, SWMissourian said:

Democrats must be truly desperate to make such a ridiculous attack. Justice Elena Kagan was a frequent Democratic donor before her ascension. I see no Democrats criticizing her for “buying” her position, and quite rightly so.

 

@LincolnHawthorne: I'm deeply concerned about what even Judge Hardiman himself calls his questionable campaign donations to Senators involved in his confirmations. We can't allow the public perception that anyone can buy their way onto the United States Supreme Court.

Hawthorne: "The American people must know the Supreme Court is not for sale"

 

WASHINGTON, D.C. - Speaking to reporters on Capitol Hill regarding the ongoing confirmation hearing for United States Court of Appeals Judge Thomas Hardiman's nomination to Chief Justice of the United States Supreme Court, Senator Lincoln Hawthorne (D-IL) decried the appearance of ethical impropriety surrounding Judge Hardiman's past contributions to the campaigns of former Republican Senators. During the hearing, Senator Hawthorne revealed that Judge Hardiman contributed $2,400 to the campaign of the late Senator Arlen Specter and $2,000 to former Senator Rick Santorum's campaign and affiliated political action committee, while in the process of being interviewed and vetted for judicial appointment by the administration of former President George W. Bush. Both men, at the time Republican Senators from Pennsylvania, were heavily involved in the Senate's confirmation proceedings for judicial nominees. Senator Hawthorne went on to note that the late Senator Specter eventually presided over Judge Hardiman's confirmation to the Third Circuit Court of Appeals as the Chairman of the Senate Judiciary Committee at the time.

 

"The American people must know the Supreme Court is not for sale, point blank and period," Senator Hawthorne said to reporters. "Whether you accept Judge Hardiman's stated belief that his campaign contributions were consistent with ethics rules or not, a nominee for Chief Justice of the United States Supreme Court can and should be held to higher standards than tip-toeing the ethical line. If the public loses trust in the independence and integrity of the Supreme Court and its Chief Justice, that would be a catastrophic development for Americans' faith in the Supreme Court's role as the final word on constitutional disputes. Trust in the Supreme Court is vitally important to our constitutional framework, and we can't have it eroded by one man's questionable campaign donations -- his word, by the way, not mine."

 

In the course of the hearings, a point of order was raised by Senator Yumi Ross (R-FL), the Senate's President Pro Tempore, objecting to Senator Hawthorne's line of questioning on the grounds questions should be limited to Judge Hardiman's "experience and other matters pertaining to the position in which he was nominated." Senator Ross was overruled by Senator Samuel Rivera (R-TX), the Chairman of the Committee.

 

"It's clear some Republicans are looking for a coronation rather than a confirmation hearing and want to shut down any real questioning, but it's a good thing Senator Rivera allowed my questioning to proceed. The United States Senate and the American people need to evaluate whether these ethically questionable contributions are disqualifying," said Senator Hawthorne, who added: "Justice Kagan is beyond ethical reproach, but Republicans blocked her confirmation anyway. They don't get to tell us now that these serious ethical questions surrounding Judge Hardiman don't matter."

 

Concluding his remarks, Senator Hawthorne noted he was encouraged to hear reports that Judge Hardiman regarded President Osiris Storm's executive order forgiving student loan debt as constitutional, but that it ultimately might not be enough to secure his vote for confirmation in light of the ethical questions involved. "We'll have to wait and see how the rest of the hearing goes," Senator Hawthorne said, noting additional concerns with Judge Hardiman's judicial record in regard to civil liberties, policing, and "other matters of serious constitutional importance."

"Questionable" -- but believed to be within the rules -- may not be the ethical standard we're looking for when it comes to the independence and integrity of the office of Chief Justice of the United States Supreme Court. In any case, thank you, Judge Hardiman.

Moving on to your rulings as my colleague from Florida was so eager to do, I'd like to turn your attention if you will to your ruling in Kelly v. Borough of Carlisle. In that case, you ruled on appeal that a police officer should be granted qualified immunity from a lawsuit brought by the plaintiff, who was arrested for videotaping the officer in question. Your ruling was based in part on the assertion that there is no clearly established First Amendment right to videotape a police officer during a traffic stop.

 

Could you explain your ruling in that case, specifically in regard to the issue of the First Amendment and the right to videotape a police officer, or lack thereof?

 

@Conrad

5 hours ago, Conrad said:

 

Thank you for that question, Senator Hawthorne. I will leave it up to the Chairman to decide what would be appropriate for this hearing. It is true, I have donated to Republican campaigns in the past but I can assure you that does not transcend to my application or interpretation of the law, if that's what you mean.

 

I'm pleased to hear your prior campaign contributions apparently have no impact on your application or interpretation of the law, but that wasn't quite what I was getting at with my questioning.

 

Judge Hardiman, according to an investigative report, in March 2001 you were interviewed by a committee organized by the late Senator Arlen Specter and former Senator Rick Santorum that would recommend judicial candidates to former President Bush. In the ensuing two years, you're reported to have contributed a total of $2,400 to Senator Specter's campaign war chest and $2,000 to Senator Santorum and an affiliated political action committee, as well as thousands more to other Republicans. Then, in April 2003, President Bush nominated you to the Western District of Pennsylvania. Your later confirmation to the appellate court was overseen by none other than Senator Specter, by then the Chairman of the Senate Judiciary Committee.

 

According to the report, these campaign contributions continued while you were going through the interview process with the administration, following Justice Department procedures, and undergoing an FBI background check, so it was certainly not news to you at the time that you may well be on your way to a federal judicial nomination, isn't that right, sir?

 

So, to reiterate my earlier question in light of this clarifying information, would you characterize your history of campaign contributions as ethically appropriate?

Mr. Hohenfriedberg, thanks for being with us. I have a couple questions for you to begin and I may have some follow-ups.

 

First, on the campaign trail the President committed to a more aggressive military approach to combating ISIS. Can you talk to us about what steps the administration may take, and specifically should we expect to see more American boots on the ground in Iraq or elsewhere in the Middle East?

 

And secondly, with the news that the North Korean regime has launched ballistic missiles into the Sea of Japan and some in the media calling it "a likely test of the new administration," I'd like for you to talk to us a bit about the administration's readiness to respond to this and possible future provocations by North Korea.

 

@Sheridan

Ms. Tutwiler, thank you for being with us today.

 

Throughout your career, you've worked very closely with former Secretary of State James Baker. In 2002, in the run up to the Iraq War, Secretary Baker urged the Bush administration to seek a UN Security Council authorization for the use of force to make Iraq submit to weapons inspections, and it's been reported that you advised an even stronger stance against war. I'd like to first of all commend both you and Secretary Baker for being right, in hindsight, when so many in the Bush administration and so many on both sides of the aisle here in Congress got it wrong.

 

Now we're at a crossroads with neighboring Iran, with everyone understanding how unacceptable it is for Iran to develop nuclear weapons, but many of us hoping to avoid military conflict. An agreement was reached in the final months of the Storm administration that might bring us a diplomatic resolution, but unfortunately the President has been notably non-committal with regard to the agreement. Can you talk to us a bit about how you would like to see the administration approach this agreement with Iran?

 

@Conrad

Hawthorne Backs Sensible Blueprint for Rebuilding American Education

 

WASHINGTON, D.C. - Speaking to reporters on the Hill, U.S. Senator Lincoln Hawthorne (D-IL) announced his co-sponsorship of the Blueprint for America's Future Act introduced by his colleague Senator Walter Keahey (D-MA) and House Democratic Leader Emily Buice (D-MI). "I'm incredibly proud to support the Blueprint for America's Future Act, a bipartisan initiative that will provide a much-needed boost to the American educational system at every stage of learning," Senator Hawthorne said. "This bill includes everything from universal childcare and pre-K to free two-year community college tuition. Our blueprint also includes critical funding for school infrastructure, universal access to free school meals, and raises for our struggling teachers, because Democrats understand that happy, healthy students and teachers are able to focus on the classroom and ensuring every student acquires the knowledge and skills they'll need for a bright future."

 

Hawthorne also highlighted the bill's provisions for post-secondary education, which he called "sensible solutions" in contrast to Republican fearmongering on the campaign trail. "The sky isn't falling like the Chicken Little Republicans warned you it would on the campaign trail. These are practical steps to make sure students of every background are prepared for their career of choice after high school, including doubling the Pell grant, free two-year community college, and billions in funding for historically Black colleges and universities and other minority-serving institutions."

 

"All of this is paid for, by the way," Hawthorne added, underscoring Democrats' commitment to fiscal responsibility. "By simply asking corporations to pay their fair share and closing loopholes that allow them to evade taxes that already exist, we're not only bringing in enough revenue to pay for our educational proposals, but enough to generate a surplus. Tax rates won't go up a single cent for hard working Americans. The American people are already shouldering enough responsibility for our educational system, it's time for corporations to pitch in and contribute what they're already supposed to be paying in taxes as they continue to reap the benefits of having an educated work force courtesy of the American educational system."

 

The full text of the Blueprint for America's Future Act can be found here.

CS

CS

Mr. Chairman, this line of questioning does pertain to the position for which Judge Hardiman has been nominated, and ethical questions are hardly beyond the purview of a hearing for Chief Justice of the United States Supreme Court.

Judge Hardiman, thank you for being with us today, and congratulations on your nomination. I look forward to what I hope will be a productive and enlightening hearing.

 

I think we can all agree that it's of paramount importance to retain the independence and integrity of the federal judiciary, to ensure that the reputation of our nation's court system is beyond reproach. This is especially true of the Supreme Court, our highest court. An erosion of trust in the integrity and independence of the Supreme Court could be catastrophic for our constitutional framework and the Court's role in settling disputes of constitutionality at the highest levels of our government. With that in mind, I hope you'll indulge me in discussing some of your past contributions to political campaigns.

 

It's my understanding that you've donated to a number of political campaigns in the past, specifically Republican campaigns. First of all, do I have that right, and if so would you characterize your history of campaign contributions as ethically appropriate?

Name: Lincoln Hawthorne

State: Illinois

Party: Democratic

Committee Rank: Member

Madam President, I second the motion for unanimous consent and I yield.

@LincolnHawthorne: Following North Korea's latest provocation in the Sea of Japan, I've introduced the North Korean Enablers Accountability Act to impose further sanctions on the North Korean regime and crack down on its enablers.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself and Ms. Manley, with thanks to Mr. Gardner) introduced the following bill

 

A BILL

 

To impose sanctions with respect to the Government of the Democratic People’s Republic of Korea and any enablers of the activities of that Government, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “North Korean Enablers Accountability Act”.

 

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The Government of the Democratic People’s Republic of Korea has flagrantly defied the international community by illicitly developing its nuclear and ballistic missile programs, in violation of United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), and 2321 (2016).

(2) The Government of the Democratic People’s Republic of Korea engages in gross human rights abuses against its own people and citizens of other countries, including the United States and Japan.

(3) The United States and its partners are committed to pursuing a peaceful denuclearization of the Democratic People’s Republic of Korea through a policy of maximum pressure and engagement.

 

SEC. 3. SANCTIONS WITH RESPECT TO THE GOVERNMENT OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA AND ITS ENABLERS.

(a) Blocking Of Property.—On and after the date that is 90 days after the date of the enactment of this Act, the President shall block and prohibit all transactions in all property and interests in property of a person described in subsection (d) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(b) Facilitation Of Certain Transactions.—The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly, on or after the date that is 90 days after the date of the enactment of this Act, conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from the Democratic People’s Republic of Korea on behalf of a person described in subsection (d).

(c) Importation, Sale, Or Transfer Of Goods And Services.—The President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a person if the President determines that the person knowingly, on or after the date that is 90 days after the date of the enactment of this Act, imports, purchases, or transfers goods or services from a person described in subsection (d).

(d) Persons Described.—A person described in this subsection is any of the following:

(1) The Government of the Democratic People’s Republic of Korea or any political subdivision, agency, or instrumentality of that Government.

(2) Any person owned or controlled, directly or indirectly, by that Government.

(3) Any person acting or purporting to act, directly or indirectly, for or on behalf of that Government.

(4) The following entities:

(A) Dandong Zhicheng Metallic Material.

(B) Shandong International Trade co Ltd Hongjian.

(C) Xiamen Xiang Yu Shares Co.

(D) Sdic Jingmin Putian Ltd.

(E) Hangzhou Pei Amoy Trading company.

(F) Hunchun xin Times.

(G) Rizhao Steel Holding.

(H) Shandong Yun Hill Mines.

(I) China Dawn Garmet (Dalian).

(J) Dandong Hao Du Trading co. ltd.

(5) Any person affiliated with an entity described in paragraph (4).

(6) Any person affiliated with an entity identified by the Secretary of the Treasury as a major importer of goods and services from the Democratic People’s Republic of Korea.

(e) Exemptions.—The following activities are exempt from sanctions under this section:

(1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).

(2) Authorized intelligence activities of the United States.

(3) Activities necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or any other international agreement.

(4) Activities incidental to the POW/MIA accounting mission in the Democratic People’s Republic of Korea, including activities by the Defense POW/MIA Accounting Agency and other governmental or nongovernmental organizations tasked with identifying or recovering the remains of members of the United States Armed Forces in the Democratic People’s Republic of Korea.

(f) Waivers.—

(1) IN GENERAL.—The President may waive the application of sanctions under this section with respect to a person if the President—

(A) determines that the waiver is in the national security interest of the United States; and

(B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination.

(2) HUMANITARIAN WAIVER.—

(A) IN GENERAL.—The President may waive, for renewable periods of not less than 30 days and not more than one year, the application of sanctions under this section if the President submits to the appropriate congressional committees a written determination that the waiver is necessary for humanitarian assistance or to carry out the humanitarian purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802).

(B) CONTENT OF WRITTEN DETERMINATION.—A written determination submitted under subparagraph (A) with respect to a waiver shall include a description of all notification and accountability controls that have been employed in order to ensure that the activities covered by the waiver are humanitarian assistance or are carried out for the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802) and do not entail any activities in North Korea or dealings with the Government of North Korea not reasonably related to humanitarian assistance or those purposes.

(C) CLARIFICATION OF PERMITTED ACTIVITIES.—An internationally recognized humanitarian organization shall not be subject to sanctions under this section for—

(i) engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes pursuant to a waiver issued under subparagraph (A);

(ii) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes pursuant to such a waiver; or

(iii) having merely incidental contact, in the course of providing humanitarian assistance or aid for humanitarian purposes pursuant to such a waiver, with individuals who are under the control of a foreign person subject to sanctions under this section.

(g) Rule Of Construction.—A person described in subsection (d) is subject to sanctions under this section without regard to whether the name of the person is published in the Federal Register or incorporated into the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.

(h) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

(2) CORRESPONDENT ACCOUNT; PAYABLE-THROUGH ACCOUNT.—The terms “correspondent account” and “payable-through account” have the meanings given those terms in section 5318A of title 31, United States Code.

(3) FOREIGN FINANCIAL INSTITUTION.—The term “foreign financial institution” has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(4) HUMANITARIAN ASSISTANCE.—The term “humanitarian assistance” means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter.

(5) KNOWINGLY.—The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(6) UNITED STATES PERSON.—The term “United States person” means—

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; and

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

 

SEC. 4. PROHIBITION ON IMPORT OF AND SANCTIONS WITH RESPECT TO GOODS MADE WITH NORTH KOREAN LABOR.

(a) Prohibition On Import Of Goods Made With North Korean Labor.—

(1) IN GENERAL.—Except as provided in paragraph (2), any significant goods, wares, articles, or merchandise mined, produced, or manufactured wholly or in part by the labor of nationals or citizens of the Democratic People’s Republic of Korea shall be deemed to be mined, produced, or manufactured, as the case may be, by convict labor, forced labor, or indentured labor under penal sanctions for purposes of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry at any of the ports of the United States.

(2) EXCEPTION.—The prohibition under paragraph (1) shall not apply to goods, wares, articles, or merchandise if the Commissioner of U.S. Customs and Border Protection finds, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced with trafficked labor, convict labor, forced labor, or indentured labor under penal sanctions.

(b) Sanctions With Respect To Persons That Use North Korean Labor.—The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in property and interests in property of a person that the President determines mines, produces, or manufactures goods, wares, articles, or merchandise prohibited from entry into the United States under subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(c) Trafficked Labor Defined.—In this section, the term “trafficked labor” means labor or services procured through the recruitment, harboring, transportation, provision, or obtaining of a person through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

 

SEC. 5. MANDATORY DISCLOSURE OF INVESTMENTS IN THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA AND OTHER SANCTIONABLE ACTIVITIES.

(a) In General.—Not later than 270 days after the date of the enactment of this Act, the Securities and Exchange Commission shall prescribe regulations requiring each issuer to disclose annually, beginning with the issuer’s first fiscal year that begins after the date on which those regulations are prescribed—

(1) any investments in the Democratic People’s Republic of Korea; and

(2) any other activities that may be subject to sanctions under section 3 or 4.

(b) Issuer Defined.—In this section, the term “issuer” has the meaning given that term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

 

PES

 

This bill directs the President to: (1) impose property-blocking sanctions against the North Korean government, business entities that trade with North Korea, including specified Chinese entities, and affiliated persons or entities; (2) prohibit the opening, and strictly control the maintaining in the United States, of correspondent or payable-through accounts by a foreign financial institution that assisted in the importation, sale, or transfer of North Korean goods or services; and (3) impose specified sanctions against a person that imports, purchases, or transfers goods or services from the North Korean government or from such entities or affiliates.

 

The President may waive the application of these sanctions for humanitarian or national security purposes.

 

The bill prohibits the U.S. entry of goods mined, produced, or manufactured by North Korean labor, and directs the President to apply property-blocking sanctions against a person or entity that mines, produces, or manufactures such prohibited goods. Such prohibition shall not apply if U.S. Customs and Border Protection finds that the goods were not produced with trafficked, convict, forced, or indentured labor.

 

The Securities and Exchange Commission shall require issuers of stock and other securities to disclose annually any investments in North Korea and activities potentially sanctionable under this bill.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself, Mr. Stokes, Mr. Josephson, Mr. Eller, and Mr. Fournier, with thanks to Mr. Merkley) introduced the following bill

 

A BILL

 

To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Equality Act”.

 

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.—Congress finds the following:

(1) Discrimination can occur on the basis of the sex, sexual orientation, gender identity, or pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes. Each of these factors alone can serve as the basis for discrimination, and each is a form of sex discrimination.

(2) A single instance of discrimination may have more than one basis. For example, discrimination against a married same-sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the two individuals in the couple, or both. Discrimination against a pregnant lesbian could be based on her sex, her sexual orientation, her pregnancy, or on the basis of multiple factors.

(3) Lesbian, gay, bisexual, and transgender (referred to as “LGBT”) people commonly experience discrimination in securing access to public accommodations—including restaurants, stores, places of or establishments that provide entertainment, and transportation. Forms of discrimination include the exclusion and denial of entry, unequal or unfair treatment, harassment, and violence. This discrimination prevents the full participation of LGBT people in society and disrupts the free flow of commerce.

(4) Women also face discrimination, in establishments such as stores and restaurants, and places or establishments that provide other goods or services, such as entertainment or transportation, including sexual harassment, differential pricing, and denial of services because they are pregnant or breastfeeding.

(5) Regular and ongoing discrimination against LGBT people, as well as women, in accessing public accommodations contributes to negative social and economic outcomes.

(6) The discredited practice known as “conversion therapy” is a form of discrimination that harms LGBT people by undermining individuals sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second class status.

(7) Both LGBT people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance. Such discrimination—

(A) is particularly troubling and inappropriate for programs and services funded wholly or in part by the Federal Government;

(B) undermines national progress toward equal treatment regardless of sex, sexual orientation, or gender identity; and

(C) is inconsistent with the constitutional principle of equal protection under the Fourteenth Amendment of the Constitution of the United States.

(8) Workers who are LGBT, or are perceived to be LGBT, have been subjected to a history and pattern of persistent, widespread, and pervasive discrimination on the bases of sexual orientation and gender identity by private sector employers and Federal, State, and local government employers.

(9) Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal agencies and courts have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Equal Employment Opportunity Commission correctly interpreted title VII of the Civil Rights Act of 1964 in Macy v. Holder, Baldwin v. Foxx, and Lusardi v. McHugh.

(10) The absence of explicit prohibitions of discrimination on the basis of sexual orientation and gender identity under Federal statutory law, as well as the existence of legislative proposals that would have provided such explicit prohibitions, has led some courts to conclude incorrectly that current Federal laws prohibiting sex discrimination do not prohibit discrimination on the basis of sexual orientation and gender identity. It has also created uncertainty for employers and other entities covered by Federal nondiscrimination laws and caused unnecessary hardships for LGBT individuals.

(11) LGBT people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. LGBT people in same-sex relationships are often discriminated against when two names associated with one gender appear on a housing application, and transgender people often encounter discrimination when credit checks or inquiries reveal a former name.

(12) National surveys, including a study commissioned by the Department of Housing and Urban Development, show that housing discrimination against LGBT people is very prevalent. For instance, when same-sex couples inquire about housing that is available for rent, they are less likely to receive positive responses from landlords. According to other studies, transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness.

(13) As a result of the absence of explicit prohibitions against discrimination on the basis of sexual orientation and gender identity, credit applicants who are LGBT, or perceived to be LGBT, have unequal opportunities to establish credit. LGBT people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity.

(14) Numerous studies demonstrate that LGBT people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people.

(15) The right to an impartial jury of one’s peers and the reciprocal right to jury service are fundamental to the free and democratic system of justice in the United States and are based in the Bill of Rights. There is, however, an unfortunate and long-documented history in the United States of attorneys discriminating against LGBT individuals, or those perceived to be LGBT, in jury selection. Failure to bar peremptory challenges based on the actual or perceived sexual orientation or gender identity of an individual not only erodes a fundamental right, duty, and obligation of being a citizen of the United States, but also unfairly creates a second class of citizenship for LGBT victims, witnesses, plaintiffs, and defendants.

(b) Purpose.—It is the purpose of this Act to expand as well as clarify, confirm and create greater consistency in the protections against discrimination on the basis of all covered characteristics and to provide guidance and notice to individuals, organizations, corporations, and agencies regarding their obligations under the law.

 

SEC. 3. PUBLIC ACCOMMODATIONS.

(a) Prohibition On Discrimination Or Segregation In Public Accommodations.—Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended—

(1) in subsection (a), by inserting “sex, sexual orientation, gender identity,” before “or national origin”; and

(2) in subsection (b)—

(A) in paragraph (3), by striking “stadium” and all that follows and inserting “stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;”;

(B) by redesignating paragraph (4) as paragraph (6); and

(C) by inserting after paragraph (3) the following:

“(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services;

“(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and”.

(b) Prohibition On Discrimination Or Segregation Under Law.—Section 202 of such Act (42 U.S.C. 2000a–1) is amended by inserting “sex, sexual orientation, gender identity,” before “or national origin”.

(c) Rule Of Construction.—Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following:

“SEC. 208. RULE OF CONSTRUCTION.

“A reference in this title to an establishment—

“(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and

“(2) shall not be construed to be limited to a physical facility or place.”.

 

SEC. 4. DESEGREGATION OF PUBLIC FACILITIES.

Section 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) is amended by inserting “sex, sexual orientation, gender identity,” before “or national origin”.

 

SEC. 5. DESEGREGATION OF PUBLIC EDUCATION.

(a) Definitions.—Section 401(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting “, sexual orientation, gender identity,” before “or national origin”.

(b) Civil Actions By The Attorney General.—Section 407 of such Act (42 U.S.C. 2000c–6) is amended, in subsection (a)(2), by inserting “, sexual orientation, gender identity,” before “or national origin”.

(c) Classification And Assignment.—Section 410 of such Act (42 U.S.C. 2000c–9) is amended by inserting “, sexual orientation, gender identity,” before “or national origin”.

 

SEC. 6. FEDERAL FUNDING.

Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended by inserting “sex, sexual orientation, gender identity,” before “or national origin,”.

 

SEC. 7. EMPLOYMENT.

(a) Rules Of Construction.—Title VII of the Civil Rights Act of 1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the following:

“SEC. 701A. RULES OF CONSTRUCTION.

“Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an ‘unlawful practice’ shall be considered to be a reference to an ‘unlawful employment practice’.”.

(b) Unlawful Employment Practices.—Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended—

(1) in the section header, by striking “SEX,” and inserting “SEX, SEXUAL ORIENTATION, GENDER IDENTITY,”;

(2) except in subsection (e), by striking “sex,” each place it appears and inserting “sex, sexual orientation, gender identity,”;

(3) in subsection (e)(1), by striking “enterprise,” and inserting “enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity,”; and

(4) in subsection (h), by striking “sex” the second place it appears and inserting “sex, sexual orientation, gender identity,”.

(c) Other Unlawful Employment Practices.—Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(b)) is amended—

(1) by striking “sex,” the first place it appears and inserting “sex, sexual orientation, gender identity,”; and

(2) by striking “employment.” and inserting “employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.”.

(d) Claims.—Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by striking “sex,” and inserting “sex, sexual orientation, gender identity,”.

(e) Employment By Federal Government.—Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended—

(1) in subsection (a), by striking “sex,” and inserting “sex, sexual orientation, gender identity,”; and

(2) in subsection (c), by striking “sex” and inserting “sex, sexual orientation, gender identity,”.

(f) Government Employee Rights Act Of 1991.—The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.) is amended—

(1) in section 301(b), by striking “sex,” and inserting “sex, sexual orientation, gender identity,”;

(2) in section 302(a)(1), by striking “sex,” and inserting “sex, sexual orientation, gender identity,”; and

(3) by adding at the end the following:

“SEC. 305. RULES OF CONSTRUCTION AND CLAIMS.

“Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to ‘race, color, religion, sex, sexual orientation, gender identity, or national origin’ shall be considered to be a reference to ‘race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability’.”.

(g) Congressional Accountability Act Of 1995.—The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended—

(1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting “sexual orientation, gender identity,” before “or national origin,”; and

(2) by adding at the end of title II (42 U.S.C. 1311 et seq.) the following:

“SEC. 208. RULES OF CONSTRUCTION AND CLAIMS.

“Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to ‘race, color, religion, sex, sexual orientation, gender identity, or national origin’ shall be considered to be a reference to ‘race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability’.”.

(h) Civil Service Reform Act Of 1978.—Chapter 23 of title 5, United States Code, is amended—

(1) in section 2301(b)(2), by striking “sex,” and inserting “sex, sexual orientation, gender identity,”;

(2) in section 2302—

(A) in subsection (b)(1)(A), by inserting “sexual orientation, gender identity,” before “or national origin,”; and

(B) in subsection (d)(1), by inserting “sexual orientation, gender identity,” before “or national origin;”; and

(3) by adding at the end the following:

“SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS.

“Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to ‘race, color, religion, sex, sexual orientation, gender identity, or national origin’ shall be considered to be a reference to ‘race, color, religion, sex, sexual orientation, gender identity, national origin, age, a handicapping condition, marital status, or political affiliation’.”.

 

SEC. 8. INTERVENTION.

Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h–2) is amended by inserting “, sexual orientation, gender identity,” before “or national origin,”.

 

SEC. 9. MISCELLANEOUS.

Title XI of the Civil Rights Act of 1964 is amended—

(1) by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 1102 through 1105 and sections 1108 and 1109, respectively;

(2) by inserting after the title heading the following:

“SEC. 1101. DEFINITIONS AND RULES.

“(a) Definitions.—In titles II, III, IV, VI, VII, and IX (referred to individually in sections 1106 and 1107 as a ‘covered title’):

“(1) RACE; COLOR; RELIGION; SEX; SEXUAL ORIENTATION; GENDER IDENTITY; NATIONAL ORIGIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orientation’, ‘gender identity’, or ‘national origin’, used with respect to an individual, includes—

“(A) the race, color, religion, sex, sexual orientation, gender identity, or national origin, respectively, of another person with whom the individual is associated or has been associated; and

“(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, or national origin, respectively, of the individual.

“(2) GENDER IDENTITY.—The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.

“(3) INCLUDING.—The term ‘including’ means including, but not limited to, consistent with the term's standard meaning in Federal law.

“(4) SEX.—The term ‘sex’ includes—

“(A) a sex stereotype;

“(B) pregnancy, childbirth, or a related medical condition; and

“(C) sexual orientation or gender identity.

“(5) SEXUAL ORIENTATION.—The term ‘sexual orientation’ means homosexuality, heterosexuality, or bisexuality.

“(b) Rules.—In a covered title referred to in subsection (a)—

“(1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and

“(2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.”; and

(3) by inserting after section 1105 the following:

“SEC. 1106. RULES OF CONSTRUCTION.

“(a) Sex.—Nothing in section 1101 or the provisions of a covered title incorporating a term defined or a rule specified in that section shall be construed—

“(1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, or a related medical condition provided by section 701(k); or

“(2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than that covered title, prohibiting a practice on the basis of sex.

“(b) Claims And Remedies Not Precluded.—Nothing in section 1101 or a covered title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the Equality Act, regulation, or policy.

“(c) No Negative Inference.—Nothing in section 1101 or a covered title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype.

“SEC. 1107. CLAIMS.

“The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”.

 

SEC. 10. HOUSING.

(a) Fair Housing Act.—The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended—

(1) in section 802, by adding at the end the following:

“(p) ‘Gender identity’, ‘sex’, and ‘sexual orientation’ have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964.

“(q) ‘Race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘handicap’, ‘familial status’, or ‘national origin’, used with respect to an individual, includes—

“(1) the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and

“(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin, respectively, of the individual.”;

(2) in section 804, by inserting “sexual orientation, gender identity,” after “sex,” each place that term appears;

(3) in section 805, by inserting “sexual orientation, gender identity,” after “sex,” each place that term appears;

(4) in section 806, by inserting “sexual orientation, gender identity,” after “sex,”;

(5) in section 808(e)(6), by inserting “sexual orientation, gender identity,” after “sex,”; and

(6) by adding at the end the following:

“SEC. 821. RULES OF CONSTRUCTION.

“Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1101(b) or 1106 to a ‘covered title’ shall be considered a reference to ‘this title and section 901’.

“SEC. 822. CLAIMS.

“Section 1107 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1107 to a ‘covered title’ shall be considered a reference to ‘this title and section 901’.”.

(b) Prevention Of Intimidation In Fair Housing Cases.—Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting “sexual orientation (as such term is defined in section 802 of this Act), gender identity (as such term is defined in section 802 of this Act),” after “sex,” each place that term appears.

 

SEC. 11. EQUAL CREDIT OPPORTUNITY.

(a) Prohibited Discrimination.—Section 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended by inserting “sexual orientation, gender identity,” after “status,”.

(b) Definitions.—Section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) is amended—

(1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively;

(2) by inserting after subsection (e) the following:

“(f) The terms ‘gender identity’, ‘sex’, and ‘sexual orientation’ have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964.

“(g) The term ‘race’, ‘color’, ‘religion’, ‘national origin’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘marital status’, or ‘age’, used with respect to an individual, includes—

“(1) the race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, or age, respectively, of another person with whom the individual is associated or has been associated; and

“(2) a perception or belief, even if inaccurate, concerning the race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, or age, respectively, of the individual.”; and

(3) by adding at the end the following:

“(j) Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application—

“(1) a reference in those sections to a ‘covered title’ shall be considered a reference to ‘this title’; and

“(2) paragraph (1) of such section 1101(b) shall apply with respect to all aspects of a credit transaction.”.

(c) Relation To State Laws.—Section 705(a) of the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) is amended by inserting “, sexual orientation, gender identity,” after “sex”.

(d) Civil Liability.—Section 706 of the Equal Credit Opportunity Act (15 U.S.C. 1691e) is amended by adding at the end the following:

“(l) Section 1107 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application, a reference in that section to a ‘covered title’ shall be considered a reference to ‘this title’.”.

 

SEC. 12. JURIES.

(a) In General.—Chapter 121 of title 28, United States Code, is amended—

(1) in section 1862, by inserting “sexual orientation, gender identity,” after “sex,”;

(2) in section 1867(e), in the second sentence, by inserting “sexual orientation, gender identity,” after “sex,”;

(3) in section 1869—

(A) in subsection (j), by striking “and” at the end;

(B) in subsection (k), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(l) ‘gender identity’, ‘sex’, and ‘sexual orientation’ have the meanings given such terms under section 1101(a) of the Civil Rights Act of 1964; and

“(m) ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘economic status’, or ‘national origin’, used with respect to an individual, includes—

“(1) the race, color, religion, sex, sexual orientation, gender identity, economic status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and

“(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, economic status, or national origin, respectively, of the individual.”; and

(4) by adding at the end the following:

Ҥ 1879. Rules of construction and claims

“Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter, except that for purposes of that application, a reference in those sections to a ‘covered title’ shall be considered a reference to ‘this chapter’.”.

(b) Technical And Conforming Amendment.—The table of sections for chapter 121 of title 28, United States Code, is amended by adding at the end the following:

“1879. Rules of construction and claims.”.

 

PES

 

 

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself, with thanks to Mr. Durbin) introduced the following bill

 

A BILL

 

To address the needs of workers in industries likely to be impacted by rapidly evolving technologies.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Investing in Tomorrow's Workforce Act”.

 

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) In 2014, the United States spent just 0.1 percent of the Nation's Gross Domestic Product on labor market policies, less than half of what the United States spent on labor market policies 30 years ago.

(2) The number of workers receiving federally supported training has declined in the past 3 decades as advances in technology have simultaneously shifted labor market demand over time.

(3) As much as 47 percent of all jobs in the United States are at risk of being replaced by automation technology, and job losses from automation are more likely to impact workers making less than $40,000 annually.

(4) Strong Federal investment in expanding training services for workers whose jobs may be lost due to automation could prepare the United States workforce to better adapt to changes in the labor market and enter into skilled positions in technologically oriented occupations and industries.

(5) A focus on preparing the workforce of the United States for jobs that utilize advanced technologies could grow wages, increase economic productivity, and boost the competitiveness of the United States.

 

SEC. 3. DEFINITIONS.

In this Act:

(1) AUTOMATION.—The term “automation” means a device, process, or system that functions without continuous input from an operator, including—

(A) advanced technologies, such as—

(i) data collection, classification processing, and analytics; and

(ii) 3-D printing, digital design and simulation, and digital manufacturing;

(B) robotics, including collaborative robotics, and worker augmentation technology;

(C) autonomous vehicle technology; or

(D) autonomous machinery technology.

(2) DISLOCATED WORKER.—The term “dislocated worker” has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(3) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.—The term “in-demand industry sector or occupation” has the meaning given the term in section 3 of that Act.

(4) INTEGRATED EDUCATION AND TRAINING.—The term “integrated education and training” has the meaning given the term in section 3 of that Act.

(5) ELIGIBLE PARTNERSHIP.—The term “eligible partnership” means an industry or sector partnership, as defined in section 3 of that Act, except that—

(A) for purposes of applying paragraph (26)(A)(iii) of that section, the term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

(B) the partnership shall include representatives of—

(i) a State workforce development board or a local workforce development board; and

(ii) an economic development organization.

(6) LOCAL AND STATE WORKFORCE DEVELOPMENT BOARDS.—The terms “local workforce development board” and “State workforce development board” have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(7) SECRETARY.—The term “Secretary” means the Secretary of Labor.

(8) TRAINING SERVICES.—The term “training services” means training services described in section 134(c)(3)(D) of that Act (29 U.S.C. 3174(c)(3)(D)).

 

SEC. 4. GAO STUDY ON BARRIERS TO AND OPPORTUNITIES FOR RETRAINING WORKERS.

(a) Study.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study of the barriers to providing, and opportunities for improving, training for workers in industries that have, or are likely to have, high rates of job loss due to automation.

(2) CONTENTS.—In conducting the study, the Comptroller General shall study—

(A) considerations impacting, and strategies to improve data collection with respect to, the workforce in industries with high rates of job loss or a high likelihood of automation in the United States, including considerations and data collection strategies concerning—

(i) industries and occupations most likely to be impacted by automation, including—

(I) the geographical location of those industries and occupations;

(II) the annual average wages of those occupations; and

(III) demographic data on the race, gender, and age of workers in those industries and occupations;

(ii) employer-based training practices in those industries and occupations;

(iii) the frequency with which employers provide worker training to address skills needs and react to changes in the labor market; and

(iv) projected job losses;

(B) considerations impacting, and strategies to improve data collection with respect to, the workforce in in-demand industry sectors and occupations in the United States, such as advanced manufacturing, information technology, and health care, including considerations and data collection strategies concerning—

(i) industry sectors and occupations that may emerge or become in-demand industry sectors or occupations as a result of automation, including—

(I) the geographical location of those industry sectors and occupations;

(II) the average annual wages of those occupations; and

(III) demographic data on the race, gender, and age of workers in those occupations;

(ii) the skills and education needed to fill the positions in those industries;

(iii) employer-based training practices in those industry sectors; and

(iv) projected job gains;

(C) barriers to, and opportunities for, retraining workers in industries that have a high likelihood of being impacted by automation;

(D) the impact of the geographical location of workers and their access to transportation on the ability of the workers to access job training and related higher-skilled positions;

(E) the impact of workers’ access to other benefits and services, including child care, paid sick leave, paid family and medical leave, or a retirement plan, on the ability of the workers to access job training and related higher-skilled positions; and

(F) how reduced Federal funding for job training programs has impacted the ability of State and local governments, employers, and communities to respond to changes in the labor market, including rapidly evolving technologies.

(b) Report.—On completion of the study required by subsection (a), the Comptroller General of the United States shall prepare and submit to the appropriate committees of Congress a report concerning the results of the study.

 

SEC. 5. GRANTS TO IMPROVE TRAINING FOR WORKERS IMPACTED BY AUTOMATION.

(a) Grants Authorized.—

(1) IN GENERAL.—From the amounts appropriated under subsection (g), the Secretary of Labor shall award grants, on a competitive basis, to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation.

(2) DURATION.—A grant awarded under this section shall be for a period not to exceed 3 years.

(b) Applications.—

(1) IN GENERAL.—To be eligible to receive a grant under this section, an eligible partnership shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require.

(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of the demonstration or pilot project to be completed with the grant funds, which description shall include—

(A) a description of the members of the eligible partnership who will be involved in the demonstration or pilot program and the services each member will provide;

(B) a description of the training services that will be available to individuals participating in the demonstration or pilot project, which may include—

(i) a plan to train dislocated workers from industries likely to be impacted by automation and transition the workers into regionally in-demand industry sectors or occupations; and

(ii) a plan to partner with local businesses to retrain, upskill, and re-deploy workers within an industry as an alternative to layoffs;

(C) a plan to provide workers with technology-based skills training, which may include training to provide skills related to coding, systems engineering, or information technology security, in addition to other skills; and

(D) a description of the goals that the eligible partnership intends to achieve to upskill workers and prepare them for in-demand industry sectors or occupations.

(c) Priorities.—In awarding grants under this section, the Secretary shall give priority to—

(1) eligible partnerships that are located in an area with a high concentration of—

(A) industries with a higher likelihood of being impacted by automation; or

(B) industries included in in-demand industry sectors, as determined under subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(23));

(2) eligible partnerships—

(A) with a plan to provide incumbent worker training—

(i) to assist workers in obtaining the skills necessary to retain employment or avert layoffs; or

(ii) that allows a worker working for an employer to acquire new skills that allow the worker to obtain a higher-skilled or higher-paid position with such employer; and

(B) that partner with local employers that intend to backfill the pre-training positions of the incumbent workers by hiring new workers to fill those positions;

(3) eligible partnerships that will provide workers with a transportation stipend, paid sick leave, paid family and medical leave, access to child care services, or other employment benefits; or

(4) eligible partnerships with a plan to develop a shared training curriculum that can be used across local and regional networks of employers and training providers.

(d) Use Of Funds.—An eligible partnership that receives a grant under this section shall use the grant funds for 1 or more of the following:

(1) Providing training services under the demonstration or pilot project, which may include training services that prepare workers for in-demand industry sectors or occupations.

(2) Providing assistance for employers in developing a staff position for an individual who will be responsible for supporting training services provided under the grant.

(3) Purchasing equipment or technology necessary for training services provided under paragraph (1).

(4) Providing job search and other transitional assistance to workers in industries with high rates of job loss.

(5) Providing a training stipend to workers for training services.

(6) Providing integrated education and training.

(e) Report.—Not later than 1 year after an eligible partnership’s completion of a demonstration or pilot project supported under this section, the eligible partnership shall prepare and submit to the Secretary a report regarding—

(1) the number of workers who received training services through the demonstration or pilot project, disaggregated by type of training service and the age, gender, and race of the workers;

(2) the number of such workers who successfully transitioned into a new position following completion of the training services;

(3) the number of individuals who successfully transitioned into an in-demand industry sector or occupation following completion of the training services;

(4) annual earnings data for individuals who have completed training services through the demonstration or pilot project;

(5) the percentage of individuals described in paragraph (4) who are in education or training activities, or in employment, during the second quarter after exit from the training services;

(6) the percentage of individuals described in paragraph (4) who are in education or training activities, or in employment, during the fourth quarter after exit from the training services; and

(7) any practices used by the partnership that should be considered best practices with respect to training workers in industries that have, or are expected to have, high rates of job loss as a result of automation.

(f) General Requirements.—An eligible partnership that receives a grant under this section shall use the grant funds in a manner that is consistent with the labor standards and protections described in section 181 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3241) and nondiscrimination provisions described in section 188 of such Act (29 U.S.C. 3248).

(g) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for the first 5 full fiscal years after the date of enactment of this Act.

 

SEC. 6. EXPANSION OF WORKER TRAINING SERVICES.

(a) Adult And Dislocated Worker Employment And Training.—Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is amended—

(1) in clause (xi), by striking “and” at the end;

(2) in clause (xii), by striking the period and inserting “; and”; and

(3) by adding at the end the following:

“(xiii) training programs for individuals who are, or are likely to become, dislocated workers as a result of automation, including activities that prepare the individuals for occupations in the technology sector.”.

(b) National Dislocated Worker Grants.—Section 170 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225) is amended—

(1) in subsection (b)(1)(A), by inserting “advances in automation technology,” before “plant closures,”; and

(2) by adding at the end the following:

“(e) Authorization Of Appropriations.—In addition to any funds reserved under section 132(a)(2)(A) to carry out this section, there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2017 through 2020.”.

 

PES

 

This bill (1) directs the Government Accountability Office to study the barriers to providing, and opportunities for improving, training for workers in industries that have, or are likely to have, high rates of job loss due to automation; (2) directs the Department of Labor to award grants to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation; and (3) expands training programs for such workers and funding for national dislocated worker grants.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself, Mr. Stokes, and Mr. Josephson, with thanks to Ms. Duckworth) introduced the following bill

 

A BILL

 

To require that States receiving Byrne JAG funds to require sensitivity training for law enforcement officers of that State and to incentivize States to enact laws requiring the independent investigation and prosecution of the use of deadly force by law enforcement officers, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Police Training and Independent Review Act”.

 

SEC. 2. TRAINING ON DIVERSITY AND SENSITIVITY FOR LAW ENFORCEMENT.

(a) Training Requirement.—For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for a program referred to in subsection (b)(2), the State shall require that all individuals enrolled in an academy of a law enforcement agency of the State and all law enforcement officers of the State fulfill a training session on sensitivity each fiscal year, including training on ethnic and racial bias, cultural diversity, and police interaction with the disabled, mentally ill, and new immigrants. In the case of individuals attending an academy, such training session shall be for 8 hours, and in the case of all other law enforcement officers, the training session shall be for 4 hours. The State shall certify to the Attorney General of the United States that such training sessions have been completed.

(b) Compliance And Ineligibility.—

(1) COMPLIANCE DATE.—Each State shall have not more than 120 days, beginning on the date of enactment of this Act, to comply with subsection (a), except that—

(A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and

(B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State.

(2) INELIGIBILITY FOR FUNDS.—For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 20-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

(c) Reallocation.—Amounts not allocated under a program referred to in subsection (b)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.

 

SEC. 3. INDEPENDENT REVIEW OF LAW ENFORCEMENT USE OF DEADLY FORCE.

(a) In General.—In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails by the end of a fiscal year to enact or have in effect an independent prosecution of law enforcement law, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 20 percent.

(b) Reallocation.—Amounts not allocated under a program referred to in subsection (a) to a State for failure to be in compliance with this section shall be reallocated under that program to States that are in compliance with this section.

 

SEC. 4. DEFINITIONS.

In this Act:

(1) The term “deadly force” means that force which a reasonable person would consider likely to cause death or serious bodily harm.

(2) The term “independent prosecution of law enforcement law” means a statute requiring the appointment of an independent prosecutor to conduct any criminal investigation and prosecution in which—

(A) one or more of the possible defendants is a law enforcement officer;

(B) one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and

(C) the law enforcement officer’s use of deadly force resulted in a death or injury.

(3) The term “independent prosecutor” means, with respect to a criminal investigation or prosecution, a prosecutor who—

(A) does not live or work in the same county as the county in which the alleged crime was committed; and

(B) would not be involved in the prosecution in the ordinary course of that prosecutor’s duties.

 

PES

 

This bill requires a state that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on diversity and sensitivity. The Department of Justice (DOJ) may reduce by up to 20% the JAG allocation of a state that fails to comply.

 

Additionally, the bill requires a state or local government that receives JAG funding to have in effect a law requiring the appointment of an independent prosecutor to investigate and prosecute an offense involving the use of deadly force by a law enforcement officer that results in a death or injury. DOJ must reduce by 20% the JAG allocation of a state or local government that fails to comply.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself, with thanks to Ms. Duckworth) introduced the following bill

 

A BILL

 

To require the Secretary of Homeland Security to establish a veterans visa program to permit veterans who have been removed from the United States to return as immigrants, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Veterans Visa and Protection Act”.

 

SEC. 2. DEFINITIONS.

In this Act:

(1) CRIME OF VIOLENCE.—The term “crime of violence” means an offense defined in section 16 of title 18, United States Code—

(A) that is not a purely political offense; and

(B) for which the noncitizen has served a term of imprisonment of at least 5 years.

(2) DEPORTED VETERAN.—The term “deported veteran” means a veteran who—

(A) is a noncitizen; and

(B) (i) was removed from the United States; or

(ii) is abroad and is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

(3) NONCITIZEN.—The term “noncitizen” means an individual who is not a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(4) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.

(5) SERVICE MEMBER.—The term “service member” means an individual who is serving as—

(A) a member of a regular or reserve component of the Armed Forces of the United States on active duty; or

(B) a member of a reserve component of the Armed Forces in an active status.

(6) VETERAN.—The term “veteran” has the meaning given such term under section 101(2) of title 38, United States Code.

 

SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES; STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES.

(a) In General.—

(1) DUTIES OF SECRETARY.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall—

(A) establish a program and application procedure to permit—

(i) a deported veteran who meets each requirement under subsection (b) to enter the United States as an alien lawfully admitted for permanent residence; and

(ii) a noncitizen veteran in the United States who meets each requirement under subsection (b) to adjust status to that of an alien lawfully admitted for permanent residence; and

(B) cancel the removal of any noncitizen veteran ordered removed who meets each requirement under subsection (b) and allow the noncitizen veteran to adjust status to that of an alien lawfully admitted for permanent residence.

(2) NO NUMERICAL LIMITATIONS.—Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of veterans who may be eligible to receive a benefit under paragraph (1).

(b) Eligibility.—

(1) IN GENERAL.—Notwithstanding any other provision of law, including sections 212 and 237 of the Immigration and Nationality Act (8 U.S.C. 1182 and 1227), a veteran shall be eligible to participate in the program established under subsection (a)(1)(A), or for cancellation of removal under subsection (a)(1)(B), if the Secretary determines that the veteran—

(A) was not ordered removed, or removed, from the United States due to a criminal conviction for—

(i) a crime of violence; or

(ii) a crime that endangers the national security of the United States for which the noncitizen has served a term of imprisonment of at least 5 years; and

(B) is not inadmissible to, or deportable from, the United States due to a criminal conviction described in subparagraph (A).

(2) WAIVER.—The Secretary may waive the application of paragraph (1)—

(A) for humanitarian purposes;

(B) to ensure family unity;

(C) due to exceptional service in the United States Armed Forces; or

(D) if such waiver otherwise is in the public interest.

 

SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL.

Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen who is a veteran or service member may not be removed from the United States unless the noncitizen has a criminal conviction for a crime of violence.

 

SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES.

An alien who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section 3(a) shall be eligible for naturalization through service in the Armed Forces of the United States under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440), except that—

(1) when determining whether the noncitizen is a person of good moral character, disregard the ground on which the noncitizen was—

(A) ordered removed, or was removed, from the United States; or

(B) rendered inadmissible to, or deportable from, the United States; and

(2) any period of absence from the United States due to the noncitizen having been removed, or being inadmissible, shall be disregarded when determining if the noncitizen satisfies any requirement relating to continuous residence or physical presence.

 

SEC. 6. ACCESS TO MILITARY BENEFITS.

An alien who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section 3(a) shall be eligible for all military and veterans benefits for which the noncitizen would have been eligible if, from the United States, the noncitizen had never—

(a) been ordered removed;

(b) been removed; or

(c) voluntarily departed.

 

SEC. 7. IMPLEMENTATION.

(a) Identification.—The Secretary shall identify cases involving any service member or veteran at risk of removal from the United States by—

(1) inquiring of every noncitizen processed prior to initiating a removal proceeding whether the noncitizen is serving, or has served—

(A) as a member of a regular or reserve component of the Armed Forces of the United States on active duty; or

(B) as a member of a reserve component of the Armed Forces in an active status;

(2) requiring U.S. Immigration and Customs Enforcement personnel to seek supervisory approval prior to initiating a removal proceeding against a service member or veteran; and

(3) keeping records of any service member or veteran who has—

(A) had removal proceedings initiated against them;

(B) been detained; or

(C) been removed.

(b) Record Annotation.—

(1) IN GENERAL.—When the Secretary has identified a case under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the noncitizen involved to—

(A) reflect that identification; and

(B) afford an opportunity to track the outcomes for the noncitizen.

(2) ANNOTATIONS.—Each annotation under paragraph (1) shall include—

(A) the branch of military service in which each noncitizen served;

(B) whether or not the noncitizen is serving, or has served, during a period of military hostilities described in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440);

(C) the immigration status of each noncitizen at the time of enlistment;

(D) whether the noncitizen is serving honorably or was separated under honorable conditions;

(E) the basis for which removal was sought; and

(F) the crime for which conviction was obtained if the basis for removal was a criminal conviction.

 

SEC. 8. REGULATIONS.

Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act.

 

PES

 

This bill requires the Department of Homeland Security (DHS) to: (1) establish a program to permit an eligible deported noncitizen veteran to enter the United States as a lawful permanent resident alien and permit an eligible noncitizen veteran in the United States to adjust to lawful permanent resident status, and (2) cancel an eligible noncitizen veteran's removal and allow the individual to adjust to lawful permanent resident status.

 

A veteran is eligible if the veteran has not been convicted of a crime of violence or a crime that endangers national security for which the veteran has served at least five years in prison. DHS may waive eligibility requirements for humanitarian, family unity, public interest, or exceptional military service reasons.

 

A noncitizen veteran or service member may not be removed from the United States unless such individual has been convicted of a crime of violence.

 

An individual who has obtained lawful permanent resident status pursuant to this bill shall be eligible for: (1) military and veterans benefits, and (2) naturalization through U.S. military service.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself, Mr. Stokes, and Ms. Manley with thanks to Ms. Duckworth) introduced the following bill

 

A BILL

 

To amend the National Voter Registration Act of 1993 to require each State to implement a process under which individuals who are 16 years of age may apply to register to vote in elections for Federal office in the State, to direct the Election Assistance Commission to make grants to States to increase the involvement of minors in public election activities, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Pre-Registration Of Voters Everywhere Act” or the “PROVE Act”.

 

SEC. 2. PRE-REGISTRATION OF MINORS FOR VOTING IN FEDERAL ELECTIONS.

(a) Requiring Implementation Of Process.—The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section:

“SEC. 8A. PRE-REGISTRATION PROCESS FOR MINORS.

“(a) Requiring Implementation Of Pre-Registration Process.—Each State shall implement a process under which—

“(1) an individual who is a resident of the State may apply to register to vote in elections for Federal office in the State at any time after the individual turns 16 years of age; and

“(2) if the individual is not 18 years of age or older at the time the individual applies under paragraph (1) but would be eligible to vote in such elections if the individual were 18 years of age, the State shall ensure that the individual is registered to vote in elections for Federal office in the State that are held on or after the date on which the individual turns 18 years of age.

“(b) Permitting Availability Of Process For Younger Individuals.—A State may, at its option, make the process implemented under subsection (a) available to individuals who are younger than 16 years of age.”.

(b) Effective Date.—The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period that begins on the date of the enactment of this Act.

 

SEC. 3. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF MINORS IN ELECTION ACTIVITIES.

(a) Grants.—

(1) IN GENERAL.—The Election Assistance Commission (hereafter in this section referred to as the “Commission”) shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State.

(2) CONTENTS OF PLANS.—A State’s plan under this subsection shall include—

(A) methods to promote the use of the pre-registration process implemented under section 8A of the National Voter Registration Act of 1993 (as added by section 2(a));

(B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and

(C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate.

(b) Eligibility.—A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—

(1) a description of the State’s plan under subsection (a);

(2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and

(3) such other information and assurances as the Commission may require.

(c) Period Of Grant; Report.—

(1) PERIOD OF GRANT.—A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission.

(2) REPORT.—Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2).

(d) State Defined.—In this section, the term “State” means each of the several States and the District of Columbia.

(e) Authorization Of Appropriations.—There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended.

 

PES

 

This bill requires each state to implement a process to allow an individual who has turned 16 years old to register to vote in federal elections that occur after the individual turns 18 years old, and creates grants for states to promote the involvement of individuals under 18 years old in election activities.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself, with thanks to Ms. Duckworth) introduced the following bill

 

A BILL

 

To amend the Workforce Innovation and Opportunity Act to support community college and industry partnerships, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Community College to Career Fund Act”.

 

SEC. 2. COMMUNITY COLLEGE TO CAREER FUND.

(a) In General.—Title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) is amended by adding at the end the following:

“Subtitle F—Community College To Career Fund

“SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM.
“(a) Grants Authorized.—Not later than the end of the first full fiscal year after the date of enactment of the Community College to Career Fund Act, from funds appropriated under section 199A, the Secretary of Labor (in coordination with the Secretary of Education and the Secretary of Commerce) shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, and providing educational or career training programs for workers. The grants shall be awarded for periods of 3 years.

“(b) Eligible Entity.—

“(1) PARTNERSHIPS WITH EMPLOYERS OR AN EMPLOYER OR INDUSTRY PARTNERSHIP.—

“(A) GENERAL DEFINITION.—For purposes of this section, an ‘eligible entity’ means any of the entities described in subparagraph (B) (or a consortium of any of such entities) in partnership with employers or an employer or industry partnership representing multiple employers.

“(B) DESCRIPTION OF ENTITIES.—The entities described in this subparagraph are—

“(i) a community college;

“(ii) a 4-year public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate degree levels;

“(iii) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); or

“(iv) a public or private nonprofit, 2-year institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) in the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.

“(2) ADDITIONAL PARTNERS.—

“(A) AUTHORIZATION OF ADDITIONAL PARTNERS.—In addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an entity described in paragraph (1) may include in the partnership described in paragraph (1) one or more of the organizations described in subparagraph (B). Each eligible entity that includes one or more such organizations shall collaborate with the State or local board in the area served by the eligible entity.

“(B) ORGANIZATIONS.—The organizations described in this subparagraph are as follows:

“(i) A provider of adult education (as defined in section 203) or an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

“(ii) A community-based organization.

“(iii) A joint labor-management partnership.

“(iv) A State board or local board.

“(v) An elementary school or secondary school, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(vi) Any other organization that the Secretaries consider appropriate.

“(c) Educational Or Career Training Program.—For purposes of this section, the Governor of the State in which at least one of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal under subsection (d).

“(d) Application.—An eligible entity seeking a grant under this section shall submit an application containing a grant proposal, for an educational or career training program leading to a recognized postsecondary credential, to the Secretaries at such time and containing such information as the Secretaries determine is required, including—

“(1) a detailed description of—

“(A) the extent to which the educational or career training program described in the grant proposal fits within an overall strategic plan consisting of—

“(i) the State plan described in section 102 or 103, for the State involved;

“(ii) the local plan described in section 108, for each local area that comprises a significant portion of the area to be served by the eligible entity; and

“(iii) a strategic plan developed by the eligible entity;

“(B) the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors and occupations;

“(C) the extent to which the program will meet the educational or career training needs of workers in the area;

“(D) the specific educational or career training program and how the program meets the criteria established under subsection (e), including the manner in which the grant will be used to develop, offer, improve, and provide the educational or career training program;

“(E) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section; and

“(F) how the program leading to the credential meets the criteria described in subsection (c); and

“(2) a detailed plan on how the entity will ensure that the program will meet the performance measures described in subsection (g), and an assurance that the entity will annually submit to the Secretary information on the performance of the program on the performance measures described in subsection (g).

“(e) Criteria For Award.—

“(1) IN GENERAL.—Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following:

“(A) A determination of the merits of the grant proposal submitted by the eligible entity involved to develop, offer, improve, and provide an educational or career training program to be made available to workers.

“(B) An assessment of the likely employment opportunities available in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, and provide.

“(C) An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs.

“(2) PRIORITY.—In awarding grants under this section, the Secretaries shall give priority to eligible entities that—

“(A) include a partnership, with employers or an employer or industry partnership, that—

“(i) pays a portion of the costs of educational or career training programs; or

“(ii) agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity;

“(B) enter into a partnership with a labor organization or labor-management training program to provide, through the program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector;

“(C) are focused on serving individuals with barriers to employment, students who are veterans, spouses of member of the Armed Forces, incumbent workers who are low-skilled and who need to increase their work-related skills;

“(D) include any eligible entities serving areas with high unemployment rates; and

“(E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.).

“(f) Use Of Funds.—Grant funds awarded under this section shall be used for one or more of the following:

“(1) The development, offering, improvement, and provision of educational or career training programs, that provide relevant job training for skilled occupations, that lead to recognized postsecondary credentials, that will meet the needs of employers in in-demand industry sectors, and that may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce.

“(2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors and occupations, including by—

“(A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study;

“(B) expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of a general core curriculum;

“(C) developing or enhancing student support services programs; and

“(D) establishing policies and processes for assessing and awarding course credit for work-related learning.

“(3) The creation of career pathway programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that—

“(A) blend basic skills and occupational training;

“(B) facilitate means of transitioning participants from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions;

“(C) build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and title II of this Act);

“(D) are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors;

“(E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment; and

“(F) develop competency-based education programs that offer an outcome-oriented approach through which recognized postsecondary credentials are awarded based on successful demonstration of skills and proficiency.

“(4) The development and implementation of—

“(A) a Pay-for-Performance program that leads to a recognized postsecondary credential, for which an eligible entity agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria agreed to by the Secretary; or

“(B) a Pay-for-Success program that leads to a recognized postsecondary credential, for which an eligible entity—

“(i) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address a clear and measurable educational or career training need in the area to be served under the grant; and

“(ii) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the Secretary.

“(g) Performance Measures.—

“(1) IN GENERAL.—The Secretary shall establish performance measures for the programs carried out under this section.

“(2) MEASURES.—The performance measures shall consist of—

“(A) indicators of performance, including the number of program participants who are in unsubsidized employment during the second quarter after exit from the program; and

“(B) a level of performance for each indicator described in subparagraph (A).

“(3) MONITORING PROGRESS.—The Secretary shall monitor the progress of eligible entities that receive grants under this section in ensuring that their programs meet the performance measures.

“SEC. 199A. AUTHORIZATION OF APPROPRIATIONS.
“(a) In General.—There are authorized to be appropriated such sums as may be necessary to carry out the program established by section 199. Funds appropriated under this subsection shall remain available until the end of the 5th full fiscal year after the date of enactment of the Community College to Career Fund Act.

“(b) Administrative Cost.—Not more than 5 percent of the amounts made available under subsection (a) may be used by the Secretaries for Federal administration the program described in that subsection, including providing technical assistance and carrying out evaluations for the program described in that subsection.

“(c) Period Of Availability.—The funds appropriated pursuant to subsection (a) for a fiscal year shall be available for Federal obligation for that fiscal year and the succeeding 4 fiscal years.

“SEC. 199B. DEFINITIONS.
“For purposes of this subtitle:

“(1) COMMUNITY COLLEGE.—The term ‘community college’ has the meaning given the term ‘junior or community college’ in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).

“(2) EDUCATIONAL OR CAREER TRAINING PROGRAM.—The term ‘educational or career training program’ means—

“(A) a career pathway program, as defined in section 3; or

“(B) a program with an integrated education and training approach, as defined in section 203.”.

(b) Conforming Amendment.—The table of contents for the Workforce Innovation and Opportunity Act is amended by inserting after the items relating to subtitle E of title I the following:

“Subtitle F—Community College To Career Fund

“Sec. 199. Community college and industry partnerships program.
“Sec. 199A. Authorization of appropriations.
“Sec. 199B. Definition.”.
(c) Effective Date.—This Act, including the amendments made by this Act, takes effect as if included in the Workforce Innovation and Opportunity Act.

 

PES

 

This bill directs the Department of Labor to award grants to eligible community colleges, four-year public institutions of higher education, tribal colleges or universities, public or private nonprofit two-year institutions of higher education in specified U.S. territories, in partnership with employers or an industry partnership representing multiple employers, to develop, offer, improve, and provide educational or career training programs for workers.

IN THE SENATE OF THE UNITED STATES

 

Mr. Hawthorne (for himself and Mr. Hershberger, with thanks to Ms. Duckworth) introduced the following bill

 

A BILL

 

To amend the Federal Water Pollution Control Act to prohibit sewage dumping into the Great Lakes, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Great Lakes Water Protection Act”.

 

SEC. 2. RESTRICTION ON WASTEWATER RELEASES INTO THE GREAT LAKES SYSTEM.

(a) In General.—

(1) RESTRICTION.—Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

“(s) Restriction On Wastewater Releases Into The Great Lakes System.—

“(1) DEFINITIONS.—In this subsection:

“(A) BYPASS.—The term ‘bypass’ means, with respect to a treatment facility that discharges into the Great Lakes System, an intentional diversion of waste streams from any portion of the treatment facility.

“(B) GREAT LAKES SYSTEM.—The term ‘Great Lakes System’ has the meaning given the term in section 118(a)(3).

“(C) TREATMENT FACILITY.—The term ‘treatment facility’ includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions.

“(D) TREATMENT WORKS.—The term ‘treatment works’ has the meaning given the term in section 212.

“(2) RESTRICTION.—A publicly owned treatment works that discharges into the Great Lakes System is prohibited from performing a bypass unless—

“(A) (i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;

“(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and

“(iii) the treatment works provides notice of the bypass in accordance with paragraph (4); or

“(B) the bypass—

“(i) does not cause effluent limitations to be exceeded; and

“(ii) is for essential maintenance to ensure efficient operation of the treatment facility.

“(3) LIMITATION.—The requirement of paragraph (2)(A)(ii) is not satisfied if—

“(A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and

“(B) the bypass occurred during normal periods of equipment downtime or preventive maintenance.

“(4) IMMEDIATE NOTICE REQUIREMENTS.—

“(A) IN GENERAL.—The Administrator shall work with States having publicly owned treatment works subject to paragraph (2) to create immediate notice requirements in the event of a bypass or a combined sewer overflow that provide for the method, contents, and requirements for public availability of the notice.

“(B) MINIMUM INITIAL NOTICE REQUIREMENTS.—At a minimum, the contents of the immediate notice under subparagraph (A) shall include—

“(i) the exact dates and times of the bypass or combined sewer overflow;

“(ii) the volume of the bypass or combined sewer overflow; and

“(iii) a description of any public access areas impacted.

“(C) ADDITIONAL REQUIREMENTS.—The Administrator and States described in subparagraph (A) shall—

“(i) ensure that the minimum requirements under subparagraph (B) are consistent for all those States;

“(ii) establish follow-up notice requirements that provide a full description of each event (including water quality data), the cause, and plans to prevent reoccurrence; and

“(iii) establish requirements for making publicly available, including on the website of the Administrator, a list of each treatment works from which the Administrator or the State received a follow-up notice, along with the information required under clause (ii) for each event that required a follow-up notice.

“(5) IMPLEMENTATION.—Not later than 2 years after the date of enactment of this subsection, the Administrator shall establish procedures to implement this subsection.”.

(2) CONFORMING AMENDMENT.—Section 425 of division G of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 33 U.S.C. 1268 note) is repealed.

(b) Great Lakes Cleanup Fund.—

(1) ESTABLISHMENT.—Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended—

(A) by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and

(B) by inserting after section 518 (33 U.S.C. 1377) the following:

“SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.

“(a) Definitions.—In this section:

“(1) FUND.—The term ‘Fund’ means the Great Lakes Cleanup Fund established by subsection (b).

“(2) GREAT LAKES STATES; GREAT LAKES SYSTEM.—The terms ‘Great Lakes States’ and ‘Great Lakes System’ have the meanings given the terms in section 118(a)(3).

“(b) Establishment Of Fund.—There is established in the Treasury of the United States a trust fund to be known as the ‘Great Lakes Cleanup Fund’.

“(c) Administration Of Fund.—The Administrator shall administer the Fund.

“(d) Use Of Funds.—The Administrator shall make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes System, including habitat protection and wetland restoration programs and activities.

“(e) Cost Share.—In making amounts from the Fund available to Great Lakes States under subsection (d) for programs and activities, the Administrator may require those States to pay up to 50 percent of the costs of the programs and activities.

“(f) Priority.—In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that reduce or eliminate bypasses (as defined in section 402(s)(1)) or combined sewer overflows.

“(g) Authorization Of Appropriations.—There is authorized to be appropriated to the Fund $250,000,000 for each of fiscal years 2020 through 2024.”.

(2) CONFORMING AMENDMENTS TO STATE REVOLVING FUND PROGRAM.—Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended—

(A) in the matter preceding paragraph (1), by striking “There is” and inserting “(a) In General.—There is”; and

(B) by adding at the end the following:

“(b) Treatment Of Great Lakes Cleanup Fund.—For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519.”.

 

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This bill addresses sewage in the Great Lakes System by: (1) restricting publicly owned treatment works from discharging sewage into the system, (2) requiring the public to be immediately notified when sewage is discharged, and (3) establishing the Great Lakes Cleanup Fund.

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