[Congressional Record Volume 157, Number 115 (Thursday, July 28, 2011)]
[Senate]
[Pages S5019-S5023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KERRY (for himself and Mr. Franken):
S. 1435. A bill to amend part A of title IV of the Security Act to
exclude child care from the determination of the 5-year limit on
assistance under the temporary assistance for needy families program,
and for other purposes; to the Committee on Finance.
Mr. KERRY. Mr. President, today too many families are at risk of
losing the child care assistance that helps maintain their financial
stability and ensure the well-being of their children. That is why I am
introducing the Children First Act to address the growing unmet need
for affordable and safe child care.
Until now, most states were able to maintain their child care
assistance programs through the recession due to the additional $2
billion in Federal Child Care and Development Block Grant, CCDBG,
funding for 2009 and 2010 from the American Recovery and Reinvestment
Act, ARRA.
However, with only a portion of these ARRA funds being continued, and
with persistent state budget gaps, many states are forced to scale back
child care assistance for families. Some states' waiting lists for
subsidized child care are beginning to rise and a few states have
stopped or plan to stop providing child care assistance to families who
are not receiving Temporary Assistance to Needy Families, TANF,
together.
Cuts and restrictions in the availability of child care assistance
make it harder for parents to afford child care and have forced some
parents to leave their jobs and turn to welfare programs for support.
Children lose access to the stable, good-quality child care that
encourages their learning and development and prepares them for school
success. And child care programs can find difficulty filling their
classrooms, leading them to lay off staff or close their doors
entirely. That is wrong and we can do better.
Child care consumes a large portion of family budgets, and can cost
up to $18,773 annually for full-time care depending on where the family
lives, the type of care, and the age of the child. Child care prices
are higher than other household expenses and typically exceed the
average amount families spend on food. In 39 States and the District of
Columbia, the average annual price for child care for an infant in a
child care center was higher than even a year's tuition at some 4-year
public colleges.
Without assistance, many low-income families can find it impossible
to secure child care. For example, in 2007, the median monthly income
of families receiving child care assistance was just $16,680 a year.
Nearly half, 49 percent, of families receiving child care assistance
live below the poverty line and 86 percent of these families were
single parent households. In these challenging economic times, it is
especially important to help low and moderate-income families with
their child care costs.
The Children First Act which I am introducing today will help address
the growing unmet need for affordable and safe child care. It will
help--States meet the significant demand for child care assistance by
increasing funding for mandatory child care by $500 million for fiscal
year 2012, $700 million in 2013, and $750 million in 2014 thru 2021,
resulting in an increase of $3.45 billion over 5 years and $7.2 billion
over 10 years.
This increase is necessary because only about one in six children
eligible for Federal child care assistance receives help and there have
been no increases in mandatory' child care funding since 2007. This
increased funding will be used to provide approximately 212,000
additional children access to safe and affordable child care as
compared to current funding levels.
The Children First Act would exclude child care from the definition
of TANF assistance so that unemployed families who receive child care
assistance will not have it count towards the 5-year time limit for
Federal TANF assistance. The legislation would also ensure that the
minimum child care health and safety standards required for providers
receiving Child Care Development Block Grant, CCDBG, funding also apply
to providers who receive funding through TANF. In Massachusetts, all
licensed providers are required to the same health and safety standards
regardless of subsidy type received.
This legislation would increase the availability of child care for
parents who are required to work. States are currently prohibited from
withholding or reducing assistance to a single parent with children
under 6 who does not meet work requirements for reasons related to the
unavailability or unsuitability of appropriate, affordable child care
arrangements. The Children First Act would prevent States from
withholding or reducing cash assistance to parents of a child with
children under age thirteen.
Enactment of this legislation is incredibly important for my home
State of Massachusetts which currently has approximately 24,000
children on a waitlist for child care subsidies. The high cost of child
care is the most significant issue facing families currently on the
waitlist in Massachusetts. Massachusetts families pay more on average
than families in all other states for child care, with the average
price of full time care in center based settings totaling $18,773 for
an infant and $13,158 for a preschooler. This legislation will help
lower the waitlist and help our children become more productive
citizens.
I would like to thank a number of organizations who have been
integral to the development of the Children First Act and who have
endorsed it today, including the including the American Federation of
State, County, and Municipal Employees, AFSCME, the Children's Defense
Fund, CLASP, the National Women's Law Center, and the Service Employees
International Union, SEIU.
These reforms would significantly increase access to stable and
affordable child care to low-income families and would make our
Nation's children more prepared for school and success later in life. I
look forward to working with my colleagues in the Senate to pass this
legislation.
______
By Mrs. BOXER:
S. 1437. A bill to authorize the Secretary of Health and Human
Services to carry out programs to provide youth in racial or ethnic
minority or immigrant communities the information and skills needed to
reduce teenage pregnancies; to the Committee on Health, Education,
Labor, and Pensions.
Mrs. BOXER. Mr. President, I rise today to introduce the Communities
of Color Teenage Pregnancy Prevention Act.
Teen pregnancy is closely linked to a number of issues that affect
the welfare of children in our Nation, particularly child poverty. A
child in the United States is nine times more likely to grow up in
poverty if their mother gave birth when she was a teen, if the child's
parents are unmarried when they are born, and if the mother did not
graduate from high school.
The United States has the highest teen pregnancy rate of any
developed nation. Each year close to 750,000 teens in the United States
become pregnant. Despite some progress in reducing teen pregnancy
overall, many minority communities continue to struggle with
disproportionately high rates of teen pregnancy.
Over half of all Latina and African American girls will become
pregnant at least once before they turn 20. In 2009 the teen birth rate
for Latinas, African Americans and American Indians/Alaska Natives was
more than double the teen birth rate of non-Hispanic Caucasians.
The Communities of Color Teenage Pregnancy Prevention Act takes would
address teen pregnancy in communities of color by supporting teenage
pregnancy prevention programs that work with community-based
organizations that are experienced in serving youth
[[Page S5020]]
in ethnic and racial groups with the highest teen pregnancy rates;
using multimedia campaigns to provide public health education and
increase awareness about teen pregnancy, and researching what factors
contribute to disproportionately high rates of teenage and unintended
pregnancy in communities of color.
I am proud that our country has made progress in reducing the rate of
teen pregnancy by one third over the last decade, but our work is not
done. We need to strengthen our efforts, especially among the youth in
communities of color who are now so much more likely to face the
unexpected and difficult challenges of parenting before they have
finished growing up themselves.
I am pleased to be joined in this effort by Representative Lucille
Roybal-Allard, who is sponsoring this legislation in the House, as well
as Hispanas Organized for Political Equality, the National Campaign to
Prevent Teen and Unplanned Pregnancy, the Futures Without Violence, and
the National Latina Institute for Reproductive Health.
I urge my colleagues to join us in taking the next step forward in
preventing teenage pregnancy by supporting this important legislation.
______
By Mr. INOUYE (for himself and Mr. Begich):
S. 1441. A bill to provide assistance for workforce investment
activities to unique populations in Alaska and Hawaii; to the Committee
on Health, Education, Labor, and Pensions.
Mr. INOUYE. Mr. President, Mr. Begich and I recognize that Alaska and
Hawaii's educational and workforce needs are linked to the indigenous
cultures, learning styles, and geographical realities of our home
States. We would like to commend the University of Hawaii Maui College
for their hard work and dedication in developing a Remote Rural Hawaii
Training Project. Over the years, the University of Hawaii Maui College
has led the way in education and workforce development. Since the
inception of the Rural Development Project in 1997, the University has
supported 300 hundred projects. The initial projects served over 29,000
participants. We would also like to praise Cook Inlet Tribal Council
for their dedication and efforts relating to workforce development for
Native Alaskans. For example, in fiscal year 2010 the Alaska's People
Career center served 2,269 job seekers and they helped 58 people obtain
their General Educational Development diploma. These initiatives, many
made possible by the unique environment created by the natural
resources of Alaska and Hawaii, have proved to be an invaluable source
of current and future growth of workforce development and training
programs. We are truly impressed by the innovative projects developed
by these two organizations and we need continued support for workforce
development in these unique populations in Alaska and Hawaii.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1441
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 ``Workforce Investment for
Unique Populations in Hawaii and Alaska Act of 2011''.
SEC. 2. ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA AND
HAWAII.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of Labor is authorized to provide
assistance to the Cook Inlet Tribal Council, Incorporated,
and the University of Hawaii Maui College, for the unique
populations who reside in Alaska or Hawaii, respectively, to
improve job training and other workforce investment
activities (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)).
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal year 2012 and each subsequent
fiscal year.
______
By Mrs. FEINSTEIN:
S. 1443. A bill to extend certain trade preferences to certain least-
developed countries in Asia and the South Pacific, and for other
purposes; to the Committee on Finance.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Asia-
South Pacific Trade Preferences Act to help some of the world's poorest
countries sustain vital export industries and promote economic growth
and political stability.
This legislation will provide duty free and quota free benefits for
garments and other products similar to those afforded to beneficiary
countries under the Africa Growth and Opportunity Act.
The countries covered by this legislation are 13 Least Developed
Countries, LDCs, as defined by the United Nations and the U.S. State
Department, which are not covered by any current U.S. trade preference
program: Afghanistan, Bangladesh, Bhutan, Cambodia, Kiribati, Laos,
Maldives, Nepal, Samoa, Solomon Islands, East Timor, Tuvalu, and
Vanuatu.
They are among the poorest countries in the world.
Nepal has per capita income of $240. Unemployment in Bangladesh
stands at 40 percent. Approximately 36 percent of Cambodia's population
lives below the poverty line.
Each country faces critical challenges in the years ahead including
poor health care, insufficient educational opportunities, high HIV/AIDS
rates, and the effects of war and civil strife.
The United States must take a leadership role in providing much
needed assistance to the people of these countries.
Yet humanitarian and development assistance should not be the sum
total of our efforts to put these countries on the road to economic
prosperity and political stability.
Indeed, the key for sustained growth and rising standards of living
will be the ability of each of these countries to create vital export
industries to compete in a free and open global marketplace.
We should help these countries help themselves by opening the U.S.
market to their exports as we have done for other developing countries
in the past.
By doing so, we will demonstrate the best of American values:
reaching out to a neighbor in need and helping him to stand on his own
two feet.
Success in this endeavor will ultimately allow these countries to
become less dependent on foreign aid and allow the United States to
provide assistance to countries in greater need.
But make no mistake. These countries will not automatically receive
the trade benefits provided by this legislation.
Our efforts to promote economic growth, jobs, and political stability
will fail if these countries are strangled by human rights abuses,
corruption, and the absence of the rule of law.
Instead of lifting the citizens of these countries out of poverty and
giving hope for a better future, we will ignore our values and sustain
the status quo.
So, this legislation has been drafted to ensure that the benefits are
granted on a performance-driven basis.
That is, to be eligible, a beneficiary country must demonstrate that
it is making continual progress toward establishing rule of law,
political pluralism, the right to due process, and a market-based
economy that protects private property rights.
So, this legislation would help promote democracy, human rights, and
the rule of law while sustaining vital export industries and creating
employment opportunities.
The beneficiary countries have a clear incentive to stay on the right
path or they will lose the benefits of this bill.
I firmly believe that these benefits will make a difference.
The garment industry is a key part of the manufacturing sector in
some of these countries.
In Nepal, the garment industry is entirely export oriented and
accounts for 40 percent of foreign exchange earnings. It employs over
100,000 workers, half of them women, and sustains the livelihood of
over 350,000 people.
The United States is the largest market for Nepalese garments and
accounts for 80-90 percent of Nepal's total exports every year.
In Cambodia, approximately 250,000 Cambodians work in the garment
industry supporting approximately one million dependents. The garment
industry accounts for more than 90 percent of Cambodia's export
earnings.
In Bangladesh, the garment industry accounts for 75 percent of export
earnings. The industry employs 1.8 million
[[Page S5021]]
people, 90 percent of whom are women, and sustains the livelihoods of
10 to 15 million people.
Despite the poverty seen in these countries and the importance of the
garment industry and the U.S. market, they face some of the highest
U.S. tariffs in the world, averaging over 15 percent.
In contrast, countries like Japan and our European partners face
tariffs that are nearly zero.
Surely we can do better.
By targeting the garment industry, we can make a real difference now
in promoting economic growth and higher standards of living.
This legislation will help these countries compete in the U.S. market
and lift their and let their citizens know that Americans are committed
to helping them realize a better future for themselves and their
families.
Doing so is consistent with U.S. goals to combat poverty,
instability, and terrorism in a critical part of the world. We should
not forget that the vast majority of the people from these beneficiary
countries are Muslim.
The impact on U.S. jobs will be minimal.
Currently, the beneficiary countries under this legislation account
for only 4 percent of U.S. textile and apparel imports, compared to 24
percent for China, and 72 percent for the rest of the world.
These countries will continue to be small players in the U.S. market,
but the benefits of this legislation will have a major impact on their
export economies.
At a time when we are trying to rebuild the image of the U.S. around
the world, we need legislation such as this to show the best of America
and American values. It will provide a vital component to our
development strategy and add another tool to the war on terror. I urge
my colleagues to support this bill.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1443
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 ``Asia-South Pacific Trade
Preferences Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is in the mutual interest of the United States and
least-developed countries to promote stable and sustainable
economic growth and development.
(2) Trade and investment are powerful economic tools and
can be used to reduce poverty and raise the standard of
living in a country.
(3) A country that is open to trade may increase its
economic growth.
(4) Trade and investment often lead to employment
opportunities and often help alleviate poverty.
(5) Least-developed countries have a particular challenge
in meeting the economic requirements of and competitiveness
necessary for globalization and international markets.
(6) The United States has recognized the benefits that
international trade provides to least-developed countries by
enacting the Generalized System of Preferences and trade
benefits for developing countries in the Caribbean, Andean,
and sub-Saharan African regions of the world.
(7) Enhanced trade with least-developed Muslim countries,
including Yemen, Afghanistan, and Bangladesh, is consistent
with other United States objectives of encouraging a strong
private sector and individual economic empowerment in those
countries.
(8) Offering least-developed countries enhanced trade
preferences will encourage both higher levels of trade and
direct investment in support of positive economic and
political developments throughout the world.
(9) Encouraging the reciprocal reduction of trade and
investment barriers will enhance the benefits of trade and
investment as well as enhance commercial and political ties
between the United States and the countries designated for
benefits under this Act.
(10) Economic opportunity and engagement in the global
trading system together with support for democratic
institutions and a respect for human rights are mutually
reinforcing objectives and key elements of a policy to
confront and defeat global terrorism.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asia or south pacific country.--The term ``Asia or
South Pacific country'' means a country listed in section
4(b).
(2) Beneficiary asia or south pacific country.--The term
``beneficiary Asia or South Pacific country'' means an Asia
or South Pacific country that the President has determined is
eligible for preferential treatment under this Act.
(3) Former beneficiary asia or south pacific country.--The
term ``former beneficiary Asia or South Pacific country''
means a country that, after being designated as a beneficiary
Asia or South Pacific country under this Act, ceased to be
designated as such a country by reason of its entering into a
free trade agreement with the United States.
SEC. 4. AUTHORITY TO DESIGNATE; ELIGIBILITY REQUIREMENTS.
(a) Authority To Designate.--
(1) In general.--Notwithstanding any other provision of
law, the President is authorized to designate an Asia or
South Pacific country as a beneficiary Asia or South Pacific
country eligible for preferential treatment under this Act--
(A) if the President determines that the country meets the
requirements set forth in section 104 of the African Growth
and Opportunity Act (19 U.S.C. 3703); and
(B) subject to the authority granted to the President under
subsections (a), (d), and (e) of section 502 of the Trade Act
of 1974 (19 U.S.C. 2462), if the country otherwise meets the
eligibility criteria set forth in such section 502.
(2) Application of section 104.--Section 104 of the African
Growth and Opportunity Act shall be applied for purposes of
paragraph (1) by substituting ``Asia or South Pacific
country'' for ``sub-Saharan African country'' each place it
appears.
(b) Countries Eligible for Designation.--For purposes of
this Act, the term ``Asia or South Pacific country'' refers
to the following or their successor political entities:
(1) Afghanistan.
(2) Bangladesh.
(3) Bhutan.
(4) Cambodia.
(5) Kiribati.
(6) Lao People's Democratic Republic.
(7) Maldives.
(8) Nepal.
(9) Samoa.
(10) Solomon Islands.
(11) Timor-Leste (East Timor).
(12) Tuvalu.
(13) Vanuatu.
SEC. 5. ELIGIBLE ARTICLES.
(a) In General.--Unless otherwise excluded from eligibility
(or otherwise provided for in this Act), preferential
treatment shall apply in accordance with subsections (b),
(c), and (d).
(b) Certain Articles.--
(1) In general.--The President may provide duty-free
treatment to any article described in subparagraphs (B)
through (G) of section 503(b)(1) of the Trade Act of 1974 (19
U.S.C. 2463(b)(1)) if--
(A) the article is the growth, product, or manufacture of a
beneficiary Asia or South Pacific country; and
(B) the President determines, after receiving the advice of
the International Trade Commission in accordance with section
503(e) of the Trade Act of 1974 (19 U.S.C. 2463(e)), that the
article is not import-sensitive in the context of imports
from beneficiary Asia or South Pacific countries.
(2) Rules of origin.--The duty-free treatment provided
under paragraph (1) shall apply to any article described in
that paragraph that meets the requirements of section
503(a)(2) of the Trade Act of 1974 (19 U.S.C. 2463(a)(2)),
except that for purposes of determining if the article meets
the 35-percent requirement under subparagraph (A)(ii) of such
section--
(A) if the cost or value of materials produced in the
customs territory of the United States is included with
respect to that article, an amount not to exceed 15 percent
of the appraised value of the article at the time it is
entered that is attributed to such United States cost or
value may be applied toward meeting the 35-percent
requirement; and
(B) the cost or value of the materials included with
respect to that article that are produced in one or more
beneficiary Asia or South Pacific countries or former
beneficiary Asia or South Pacific countries shall be applied
toward meeting the 35-percent requirement.
(c) Textile and Apparel Articles.--
(1) In general.--The preferential treatment described in
subsection (a) of section 112 of the African Growth and
Opportunity Act (19 U.S.C. 3721(a)) shall apply with respect
to textile and apparel articles described in paragraphs (1),
(2), (4), (5), (7), and (8) of subsection (b) of such section
and paragraphs (2) and (3) of this subsection that are
imported directly into the customs territory of the United
States from a beneficiary Asia or South Pacific country
except that such section 112 shall be applied and
administered with respect to such articles--
(A) in subsection (a), by substituting ``a beneficiary Asia
or South Pacific country (as defined in section 3 of the
Asia-South Pacific Trade Preferences Act)'' for ``a
beneficiary sub-Saharan African country described in section
506A(c) of the Trade Act of 1974''; and
(B) in paragraphs (1), (2), (4), (5), (7), and (8) of
subsection (b), by substituting ``beneficiary Asia or South
Pacific country'' and ``beneficiary Asia or South Pacific
countries'' for ``beneficiary sub-Saharan African country''
and ``beneficiary sub-Saharan African countries'',
respectively, each place such terms appear.
(2) Textile and apparel articles assembled from regional
and other fabric.--
(A) In general.--Textile and apparel articles described in
this paragraph are textile
[[Page S5022]]
and apparel articles wholly assembled in one or more
beneficiary Asia or South Pacific countries or former
beneficiary Asia or South Pacific countries, or both, from
fabric wholly formed in one or more beneficiary Asia or South
Pacific countries or former beneficiary Asia or South Pacific
countries, or both, from yarn originating either in the
United States or one or more beneficiary Asia or South
Pacific countries or former beneficiary Asia or South Pacific
countries, or both (including fabrics not formed from yarns,
if such fabrics are classifiable under heading 5602 or 5603
of the Harmonized Tariff Schedule of the United States and
are wholly formed and cut in the United States, in one or
more beneficiary Asia or South Pacific countries or former
beneficiary Asia or South Pacific countries, or any
combination thereof), whether or not the textile and apparel
articles are also made from any of the fabrics, fabric
components formed, or components knit-to-shape described in
paragraph (1) or (2) of section 112(b) of the African Growth
and Opportunity Act (19 U.S.C. 3721(b)) (unless the apparel
articles are made exclusively from any of the fabrics, fabric
components formed, or components knit-to-shape described in
paragraph (1) or (2) of such section 112(b)).
(B) Limitations on benefits.--
(i) In general.--Preferential treatment under this
subsection shall be extended in the 1-year period beginning
January 1, 2012, and in each of the succeeding 10 1-year
periods, to imports of textile and apparel articles described
in subparagraph (A) in an amount not to exceed the applicable
percentage of the aggregate square meter equivalents of all
textile and apparel articles imported into the United States
in the most recent 12-month period for which data are
available.
(ii) Applicable percentage.--For purposes of this
subparagraph, the term ``applicable percentage'' means 11
percent for the 1-year period beginning January 1, 2012,
increased in each of the 10 succeeding 1-year periods by
equal increments, so that for the period beginning January 1,
2022, the applicable percentage does not exceed 14 percent.
(3) Handloomed, handmade, folklore articles and ethnic
printed fabrics.--
(A) In general.--A textile or apparel article described in
this paragraph is a handloomed, handmade, folklore article or
an ethnic printed fabric of a beneficiary Asia or South
Pacific country or countries that is certified as such by the
competent authority of such beneficiary country or countries.
For purposes of this subsection, the President, after
consultation with the beneficiary Asia or South Pacific
country or countries concerned, shall determine which, if
any, particular textile and apparel goods of the country or
countries shall be treated as being handloomed, handmade, or
folklore articles or an ethnic printed fabric.
(B) Requirements for ethnic printed fabric.--Ethnic printed
fabrics qualified under this paragraph are--
(i) fabrics containing a selvedge on both edges, having a
width of less than 50 inches, classifiable under subheading
5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of
the United States;
(ii) of the type that contains designs, symbols, and other
characteristics of Asian or South Pacific prints--
(I) normally produced for and sold on the indigenous Asian
or South Pacific market; and
(II) normally sold in Asia or South Pacific countries by
the piece as opposed to being tailored into garments before
being sold in indigenous Asian or South Pacific markets;
(iii) printed, including waxed, in one or more beneficiary
Asia or South Pacific countries; and
(iv) fabrics formed in the United States, from yarns formed
in the United States, or from fabric formed in one or more
beneficiary Asia or South Pacific countries from yarn
originating in either the United States or one or more
beneficiary Asia or South Pacific countries.
(4) Special rule.--
(A) In general.--Preferential treatment under this
subsection shall be extended through December 31, 2019, for
textile and apparel articles that are wholly assembled in one
or more beneficiary Asia or South Pacific countries or former
beneficiary Asia or South Pacific countries, or both,
regardless of the country of origin of the yarn or fabric
used to make such articles.
(B) Country limitations.--
(i) Small suppliers.--If, during a calendar year, imports
of textile and apparel articles described in subparagraph (A)
from a beneficiary Asia or South Pacific country are less
than 1 percent of the aggregate square meter equivalents of
all textile and apparel articles imported into the United
States during that calendar year, such imports may be
increased to an amount that is equal to not more than 1.5
percent of the aggregate square meter equivalents of all
textile and apparel articles imported into the United States
during that calendar year for the succeeding calendar year.
(ii) Other suppliers.--If, during a calendar year, imports
of textile and apparel articles described in subparagraph (A)
from a beneficiary Asia or South Pacific country are at least
1 percent of the aggregate square meter equivalents of all
textile and apparel articles imported into the United States
during that calendar year, such imports may be increased by
an amount that is equal to not more than \1/3\ of 1 percent
of the aggregate square meter equivalents of all textile and
apparel articles imported into the United States during that
calendar year for the succeeding calendar year.
(iii) Aggregate country limit.--In no case may the
aggregate quantity of textile and apparel articles described
in subparagraph (A) imported into the United States during a
calendar year under this subsection exceed the applicable
percentage set forth in paragraph (2)(B)(ii) for that
calendar year.
(d) Other Restrictions.--The provisions of subsections
(b)(3)(B) and (e) of section 112 and section 113 of the
African Growth and Opportunity Act (19 U.S.C. 3721 and 3722)
shall apply with respect to the preferential treatment
extended under this section to a beneficiary Asia or South
Pacific country by substituting ``beneficiary Asia or South
Pacific country'' for ``beneficiary sub-Saharan African
country'' and ``beneficiary Asia or South Pacific countries''
and ``former beneficiary Asia or South Pacific countries''
for ``beneficiary sub-Saharan African countries'' and
``former sub-Saharan African countries'', respectively, as
appropriate.
(e) Technical Amendment.--Section 6002(a)(2)(B) of the
Africa Investment Incentive Act of 2006 (Public Law 109-432)
is amended by inserting before ``by striking'' the following:
``in paragraph (3),''.
SEC. 6. REPORTING REQUIREMENT.
The President shall monitor, review, and report to
Congress, not later than 1 year after the date of the
enactment of this Act, and annually thereafter, on the
implementation of this Act and on the trade and investment
policy of the United States with respect to the Asia or South
Pacific countries.
SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT.
No duty-free treatment or other preferential treatment
extended to a beneficiary Asia or South Pacific country under
this Act shall remain in effect after December 31, 2022.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act shall take effect on January 1,
2012.
______
By Mr. AKAKA (for himself and Mr. Lieberman):
S. 1444. A bill to provide for the presentation of a United States
flag on behalf of Federal civilian employees who are killed while
performing official duties or because of their status as Federal
employees; to the Committee on Homeland Security and Governmental
Affairs.
Mr. AKAKA. Mr. President, I rise today to introduce the Civilian
Service Recognition Act of 2011. This bill ensures that the next of kin
of Federal civilian employees killed in the line of duty are presented
a United States flag honoring the service and sacrifice of their loved
one. This legislation is co-sponsored by Senator Lieberman and is a
companion to a bi-partisan bill introduced by Representative Hanna.
Representative Hanna's bill was recently reported favorably by the
Committee on Oversight and Government Reform by unanimous voice vote.
Every day, Federal civilian employees serve our nation at home and
abroad, fulfilling critical roles that protect our citizens, our
economy, and our freedom. Some put their lives at risk when doing so.
Approximately 100,000 Federal civilian employees have served alongside
the U.S. military in Iraq and Afghanistan over the last decade. Since
1992, nearly 3,000 Federal civilian employees have died in service of
their country, including 24 killed in Iraq and Afghanistan. Employees
who make this ultimate sacrifice deserve the utmost gratitude and
respect from their nation.
U.S. law currently requires that a United States flag be presented to
the next of kin of deceased U.S. military veterans, but no law or
government-wide policy requires that Federal civilian employees killed
in the line of duty be similarly recognized. Some Federal agencies have
already established internal practices to honor employees killed in
service with a U.S. flag, but others have not. Every Federal civilian
employee who dies as a result of their honorable service to this
country should at least be recognized with the symbolic but nonetheless
significant appreciation embodied in the presentation of an American
flag.
The bill I am introducing today would remedy the current
inconsistency. It requires that Federal agencies present a flag to the
next of kin of Federal civilian employees killed in the line of duty.
In the unusual circumstance where the national security, such as in the
case of a covert employee, or employee misconduct dictate otherwise,
the requirement would not apply. It is a modest but meaningful step in
expressing our condolences and gratitude to the families of those
killed while serving this country; reminding Federal employees that
their service and sacrifices are appreciated; and highlighting the
important role
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Federal employees play, sometimes at great personal risk, in promoting
the general welfare of this great Nation.
I urge my colleagues to join me in supporting this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1444
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 ``Civilian Service Recognition
Act of 2011''.
SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF
FEDERAL CIVILIAN EMPLOYEES KILLED WHILE
PERFORMING OFFICIAL DUTIES OR BECAUSE OF THEIR
STATUS AS FEDERAL EMPLOYEES.
(a) Definitions.--In this Act:
(1) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code, and
includes--
(A) individuals who perform volunteer services at the
discretion of the head of an executive agency; and
(B) an officer or employee of the United States Postal
Service or of the Postal Regulatory Commission.
(2) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code, and includes the United States Postal Service
and the Postal Regulatory Commission.
(b) Presentation of Flag.--Upon receipt of a request under
subsection (c), the head of an executive agency shall pay the
expenses incident to the presentation of a flag of the United
States for an individual who--
(1) was an employee of the agency; and
(2) dies of injuries incurred in connection with such
individual's status as a Federal employee.
(c) Request for Flag.--The head of an executive agency
shall furnish a flag for a deceased employee described in
subsection (a) upon the request of--
(1) the employee's next of kin; or
(2) if no request is received from the next of kin, an
individual other than the next of kin as determined by the
Director of the Office of Personnel Management.
(d) Exceptions.--Subsections (b) and (c) shall not apply
if--
(1) the head of the executive agency determines that
fulfilling the requirements of subsections (a) and (b) would
endanger the national security of the United States or
require the disclosure of classified information; or
(2) the employee is excluded from compensation for death
under section 8102(a) of title 5, United States Code.
(e) Employee Notification.--The head of an executive agency
shall provide appropriate notice to employees of the agency
of the flag benefit provided under this Act.
(f) Regulations.--The Director of the Office of Personnel
Management, in coordination with the Secretary of Defense and
Secretary of Homeland Security, may prescribe regulations to
implement this Act.
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