117 HR 4521 PCS: America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022
U.S. House of Representatives
2022-02-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
Calendar No. 282
117th CONGRESS
2d Session
H. R. 4521
IN THE SENATE OF THE UNITED STATES
February 17, 2022
Received; read the first time
February 28, 2022
Read the second time and placed on the calendar
AN ACT
To provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering biology.
1.

Short title
This Act may be cited as the “America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022” or the “America COMPETES Act of 2022”.
2.

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Prohibiting discrimination against people of Asian descent.
Division A—Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund
Sec. 10001. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
Sec. 10002. Semiconductor incentives.
Sec. 10003. Office of Opportunity and Inclusion.
Sec. 10004. Additional GAO reporting requirement.
Sec. 10005. Comptroller General report.
Sec. 10006. Modification to certain GAO reports.
Sec. 10007. Expanding the semiconductor incentive program to include nonprofits.
Division B—Research and Innovation
Title I—Department of Energy Science for the Future
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Accelerator research and development.
Sec. 10109. Isotope development and production for research applications.
Sec. 10110. Science laboratories infrastructure program.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; Office of Science Emerging Infectious Disease Computing Research Initiative; helium conservation program; authorization of appropriations.
Sec. 10113. State-owned enterprises prohibition.
Sec. 10114. Determination of Budgetary Effects.
Sec. 10115. National Virtual Biotechnology Laboratory.
Sec. 10116. Additional research.
Title II—National Institute of Standards and Technology for the Future Act of 2021
Sec. 10201. Definitions.
Subtitle A—Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B—Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cyber theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Quantum information science.
Sec. 10233. Artificial intelligence.
Sec. 10234. Sustainable Chemistry Research and Education.
Sec. 10235. Premise plumbing research.
Subtitle C—General Activities
Sec. 10241. Educational outreach and support for underrepresented communities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to congress on collaborations with government agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D—Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part of the Hollings Manufacturing Extension Partnership.
Sec. 10252. Update to manufacturing extension partnership.
Sec. 10253. National supply chain database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Subtitle E—Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Subtitle F—Manufacturing USA Program
Sec. 10271. Expanding opportunities through the Manufacturing USA Program.
Title III—National Science Foundation for the Future
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Sec. 10304. STEM education.
Sec. 10305. Broadening participation.
Sec. 10306. Fundamental research.
Sec. 10307. Research infrastructure.
Sec. 10308. Directorate for science and engineering solutions.
Sec. 10309. Administrative amendments.
Sec. 10310. Microgravity utilization policy.
Sec. 10311. Recognition of the Arecibo Observatory.
Sec. 10312. Hands-on learning opportunities in STEM education.
Title IV—Bioeconomy Research and Development
Sec. 10401. Findings.
Sec. 10402. Definitions.
Sec. 10403. National Engineering Biology Research and Development Initiative.
Sec. 10404. Initiative coordination.
Sec. 10405. Advisory committee.
Sec. 10406. External review of ethical, legal, environmental, safety, security, and societal issues.
Sec. 10407. Agency activities.
Sec. 10408. Rule of construction.
Title V—Broadening Participation in Science
Subtitle A—STEM Opportunities
Sec. 10501. Findings.
Sec. 10502. Purposes.
Sec. 10503. Federal science agency policies for caregivers.
Sec. 10504. Collection and reporting of data on Federal research grants.
Sec. 10505. Policies for review of Federal research grants.
Sec. 10506. Collection of data on demographics of faculty.
Sec. 10507. Cultural and institutional barriers to expanding the academic and Federal STEM workforce.
Sec. 10508. Research and dissemination at the National Science Foundation.
Sec. 10509. Research and related activities to expand STEM opportunities.
Sec. 10510. Tribal Colleges and Universities Program.
Sec. 10511. Report to Congress.
Sec. 10512. Merit review.
Sec. 10513. Determination of budgetary effects.
Sec. 10514. Definitions.
Subtitle B—Rural STEM Education Research
Sec. 10521. Findings.
Sec. 10522. NIST engagement with rural communities.
Sec. 10523. NITR-D broadband working group.
Sec. 10524. National Academy of Sciences evaluation.
Sec. 10525. GAO review.
Sec. 10526. Capacity building through EPSCOR.
Sec. 10527. National Science Foundation rural STEM Research activities.
Sec. 10528. Researching opportunities for online education.
Sec. 10529. Definitions.
Subtitle C—MSI STEM Achievement
Sec. 10531. Findings.
Sec. 10532. Government Accountability Office review.
Sec. 10533. Research and capacity building.
Sec. 10534. Agency responsibilities.
Sec. 10535. Definitions.
Subtitle D—Combating Sexual Harassment in Science
Sec. 10541. Findings.
Sec. 10542. Definitions.
Sec. 10543. Research grants.
Sec. 10544. Data collection.
Sec. 10545. Responsible conduct guide.
Sec. 10546. Interagency working group.
Sec. 10547. National academies assessment.
Sec. 10548. Authorization of appropriations.
Title VI—Miscellaneous Science and Technology Provisions
Subtitle A—Supporting Early-Career Researchers
Sec. 10601. Findings.
Sec. 10602. Early-career research fellowship program.
Sec. 10603. Authorization of appropriations.
Subtitle B—National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Quadrennial science and technology review.
Sec. 10613. National Circular Economy Roadmap.
Subtitle C—Energizing Technology Transfer
Sec. 10621. Definitions.
Part 1—National Clean Energy Technology Transfer Programs
Sec. 10623. National clean energy incubator program.
Sec. 10624. Clean energy technology university prize competition.
Sec. 10625. Clean energy technology transfer coordination.
Part 2—Supporting Technology Development At the National Laboratories
Sec. 10626. Lab partnering service pilot program.
Sec. 10627. Lab-embedded entrepreneurship program.
Sec. 10628. Small business voucher program.
Sec. 10629. Entrepreneurial leave program.
Sec. 10630. National laboratory non-Federal employee outside employment authority.
Sec. 10631. National laboratories restoration and modernization.
Part 3—Department of Energy Modernization
Sec. 10632. Office of technology transitions.
Sec. 10633. Management of Department of Energy demonstration projects.
Sec. 10634. Streamlining prize competitions.
Sec. 10635. Cost-share waiver extension.
Sec. 10636. Special hiring authority for scientific, engineering, and project management personnel.
Sec. 10637. Technology transfer reports and evaluation.
Sec. 10638. ARPA-E authorization of appropriations.
Subtitle D—Regional Innovation
Sec. 10641. Regional Innovation Capacity.
Sec. 10642. Regional Clean Energy Innovation Program.
Sec. 10643. Critical technology and innovation analytics program.
Sec. 10644. Support for commercial deployment.
Subtitle E—Malign Foreign Talent Recruitment Program Prohibition
Sec. 10651. Malign foreign talent recruitment program prohibition.
Subtitle F—Microelectronics Research for Energy Innovation
Sec. 10661. Definitions.
Sec. 10662. Findings.
Sec. 10663. Microelectronics research program.
Sec. 10664. Microelectronics science research centers.
Sec. 10665. Miscellaneous other requirements.
Subtitle G—Reports
Sec. 10671. Report on methane removal technology.
Subtitle H—Better energy storage technology
Sec. 10681. Long-duration demonstration initiative and joint program.
Subtitle I—SBIR, STTR, and Pilot Extensions
Sec. 10691. Small business innovation programs and pilot extensions.
Subtitle J—Coastal and Ocean Acidification Stressors and Threats Research
Sec. 10701. Short title.
Sec. 10702. Purposes.
Sec. 10703. Definitions.
Sec. 10704. Interagency working group.
Sec. 10705. Strategic research plan.
Sec. 10706. NOAA ocean acidification activities.
Sec. 10707. NSF ocean acidification activities.
Sec. 10708. NASA ocean acidification activities.
Sec. 10709. Authorization of appropriations.
Subtitle K—National Nuclear University Research Infrastructure Reinvestment
Sec. 10711. Short title.
Sec. 10712. Purposes.
Sec. 10713. University infrastructure collaboration.
Sec. 10714. Advanced nuclear research infrastructure enhancement subprogram.
Sec. 10715. Science education and human resources scholarships, fellowships, and research and development projects.
Subtitle L—Steel Upgrading Partnerships and Emissions Reduction
Sec. 10721. Low-emissions steel manufacturing research program.
Subtitle M—National Academies Science, Technology, and Security Roundtable
Sec. 10731. Ad-hoc committee on research security.
Subtitle N—Additional provisions
Sec. 10741. Establishment of blockchain and cryptocurrency specialist position within OSTP.
Subtitle O—Partnerships for Energy Security and Innovation
Sec. 10751. Foundation for Energy Security and Innovation.
Division C—Energy and Commerce
Title I—Communications and Technology
Sec. 20101. Appropriations for wireless supply chain innovation.
Sec. 20102. Understanding cybersecurity of mobile networks.
Sec. 20103. Information and communication technology strategy.
Sec. 20104. Open RAN outreach.
Sec. 20105. Future networks.
Sec. 20106. NTIA policy and cybersecurity coordination.
Sec. 20107. American cybersecurity literacy.
Sec. 20108. Communications security advisory council.
Sec. 20109. Promoting United States wireless leadership.
Sec. 20110. Critical Infrastructure Manufacturing Feasibility.
Title II—Consumer Protection and Commerce
Subtitle A—Supply Chain Resilience
Sec. 20201. Office of manufacturing security and resilience.
Sec. 20202. United states strategy to counter threats to supply chains.
Sec. 20203. Critical supply chain monitoring program.
Sec. 20204. Manufacturing security and resilience program.
Sec. 20205. Supply chain innovation and best practices.
Sec. 20206. Program evaluation by the inspector general of the department of commerce.
Sec. 20207. Supply chain database and toolkit.
Sec. 20208. Agriculture and food system supply chain monitoring and assessment.
Sec. 20209. Definitions.
Sec. 20210. Departments of Commerce and Transportation supply chain report.
Sec. 20211. Supply chain report required.
Sec. 20212. National Commission on Critical Supply Chains.
Subtitle B—Strengthening Consumer Protections, Tourism, and Manufacturing
Sec. 20211. National manufacturing advisory council.
Sec. 20212. Availability of Travel Promotion Fund for Brand USA.
Sec. 20213. Collection, verification, and disclosure of information by online marketplaces to inform consumers.
Sec. 20214. Supercomputing For Safer Chemicals (SUPERSAFE) Consortium.
Sec. 20215. GAO report on global semiconductor shortage.
Subtitle C—Defense Supply Chain Risk Management
Sec. 20221. Risk management for Department of Defense supply chains.
Title III—Energy
Sec. 20301. Strategic transformer reserve and resilience program.
Sec. 20302. Solar component manufacturing supply chain assistance.
Sec. 20303. Support for the first three commercial-scale implementations of transformative industrial technologies.
Sec. 20304. Improving the natural gas distribution system.
Sec. 20305. Consideration of energy storage systems.
Sec. 20306. Coordination of programs.
Sec. 20307. State flex-tech energy program.
Title IV—Medical Product Supply Chain Improvements
Subtitle A—Medical Product Innovation, Transparency, and Safety
Sec. 20401. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing.
Sec. 20402. Notification, nondistribution, and recall of drugs.
Sec. 20403. Reporting requirement for drug manufacturers.
Sec. 20404. Enhanced penalties for false information and records destruction.
Subtitle B—Strengthening America’s Strategic National Stockpile
Sec. 20411. Reimbursable transfers.
Sec. 20412. Equipment maintenance.
Sec. 20413. Supply chain flexibility manufacturing pilot.
Sec. 20414. GAO study on the feasibility and benefits of a user fee agreement.
Sec. 20415. Grants for State strategic stockpiles.
Sec. 20416. Action reporting.
Sec. 20417. Improved, transparent processes.
Sec. 20418. Authorization of appropriations.
Sec. 20419. GAO report on automated supply-chain tracking application.
Sec. 20420. High-quality masks for children.
Division D—Committee on Foreign Affairs
Sec. 30000. Short title.
Sec. 30001. Definitions.
Sec. 30002. Findings.
Sec. 30003. Statement of policy.
Sec. 30004. Sense of Congress.
Sec. 30005. Rules of construction.
Title I—Investing in American Competitiveness
Subtitle A—Science and technology
Sec. 30101. Authorization to assist United States companies with global supply chain diversification and management.
Sec. 30102. Report on national technology and industrial base.
Subtitle B—Global Infrastructure and Energy Development
Sec. 30111. Appropriate committees of Congress defined.
Sec. 30112. Sense of Congress on international quality infrastructure investment standards.
Sec. 30113. Supporting economic independence from the People’s Republic of China.
Sec. 30114. Strategy for advanced and reliable energy infrastructure.
Sec. 30115. Report on the People’s Republic of China’s investments in foreign energy development.
Sec. 30116. Report on foreign investment in the agriculture sector of the United States.
Subtitle C—Economic Diplomacy and Leadership
Sec. 30121. Findings on regional economic order.
Sec. 30122. Report on entrenching American economic diplomacy in the Indo-Pacific.
Sec. 30123. Sense of Congress on the need to bolster American leadership in the Asia Pacific Economic Cooperation.
Sec. 30124. Task force to counter China’s economic coercion.
Sec. 30125. Sense of Congress on digital technology issues.
Sec. 30126. Digital dialogue and cooperation.
Sec. 30127. Digital connectivity and cybersecurity partnership.
Sec. 30128. Sense of Congress on ideological competition.
Sec. 30129. Report on cooperation between China and United Arab Emirates.
Sec. 30129A. Authorization to hire additional staff for the Office of Foreign Asset Control of the Department of the Treasury.
Subtitle D—Financial Diplomacy and Leadership
Sec. 30131. Findings on Chinese financial industrial policy.
Sec. 30132. Report on importance of American financial strength for global leadership.
Sec. 30133. Review of Chinese companies on United States capital markets.
Sec. 30134. Report on the implications of changes to cross-border payment and financial messaging systems.
Sec. 30135. Report on links between private sector Chinese technology and social media companies and the People’s Liberation Army, Chinese intelligence, and the Chinese Communist Party.
Title II—Investing in Alliances and Partnerships
Subtitle A—Strategic and Diplomatic Matters
Sec. 30201. Appropriate committees of Congress defined.
Sec. 30202. United States commitment and support for allies and partners in the Indo-Pacific.
Sec. 30203. Boosting Quad cooperation.
Sec. 30204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 30205. Statement of policy on cooperation with ASEAN.
Sec. 30206. Young Southeast Asian Leaders Initiative.
Sec. 30207. Sense of Congress on engagement with G7 and G20 countries.
Sec. 30208. Enhancing the United States-Taiwan partnership.
Sec. 30209. Taiwan diplomatic review.
Sec. 30210. Taiwan Peace and Stability Act.
Sec. 30211. Taiwan International Solidarity Act.
Sec. 30212. Taiwan Fellowship Program.
Sec. 30213. Increasing Department of State personnel and resources devoted to the Indo-Pacific.
Sec. 30214. Report on bilateral efforts to address Chinese fentanyl trafficking.
Sec. 30215. Facilitation of increased equity investments under the Better Utilization of Investments Leading to Development Act of 2018.
Sec. 30216. Expanding investment by United States International Development Finance Corporation for vaccine manufacturing, distribution, storage, and delivery.
Sec. 30217. Actions to prevent the spread of the COVID–19 pandemic.
Sec. 30218. Ensuring United States diplomatic posts align with American strategic national security and economic objectives.
Sec. 30219. Authorization of appropriations for the Fulbright-Hays Program.
Sec. 30219A. Supporting independent media and countering disinformation.
Sec. 30219B. Global Engagement Center.
Sec. 30219C. Report on origins of the COVID–19 pandemic.
Sec. 30219D. Extension of Asia Reassurance Initiative Act of 2018.
Sec. 30219E. China Watcher Program.
Sec. 30219F. Liu Xiaobo Fund for Study of the Chinese Language.
Sec. 30219G. Oversight of funds made available through the American Rescue Plan Act of 2021.
Sec. 30219H. Requirements relating to vaccine branding.
Sec. 30219I. National Intelligence Estimate on escalation and de-escalation of gray zone activities in great power competition.
Sec. 30219J. Prioritizing Digital Infrastructure and Connectivity.
Sec. 30219K. Report on multilateral efforts to address Latin American fentanyl trafficking and efforts between Latin America and China on fentanyl trafficking.
Sec. 30219L. Report generation and sharing on long term cost of Belt and Road Initiative to third countires.
Sec. 30219M. Sense of Congress regarding the status of China.
Sec. 30219N. Report on providing access to uncensored media in China.
Sec. 30219O. Report on open radio access networks.
Subtitle B—International Security Matters
Sec. 30221. Appropriate committees of Congress.
Sec. 30222. Additional funding for international military education and training in the Indo-Pacific.
Sec. 30223. Statement of policy.
Sec. 30224. Foreign military financing in the Indo-Pacific and authorization of appropriations for Southeast Asia maritime security programs and diplomatic outreach activities.
Sec. 30225. Foreign military financing compact pilot program in the Indo-Pacific.
Sec. 30226. Statement of policy on maritime freedom of operations in international waterways and airspace of the Indo-Pacific and on artificial land features in the South China Sea.
Sec. 30227. Report on capability development of Indo-Pacific allies and partners.
Sec. 30228. Statement of policy regarding the threat posed by the Chinese Communist Party to the North Atlantic Treaty Organization.
Sec. 30229. Identification of PLA–supported institutions.
Sec. 30229A. Prohibition on certain assistance to the Philippines.
Sec. 30229B. Prioritization and protection of international research.
Subtitle C—Multilateral Strategies to Bolster American Power
Sec. 30231. Findings on multilateral engagement.
Sec. 30232. Statement of policy on America’s multilateral engagement.
Sec. 30233. Support for Americans at the United Nations.
Sec. 30234. Junior professional officers.
Sec. 30235. Report on American employment in international organizations.
Subtitle D—Regional Strategies to Bolster American Power
Sec. 30241. Statement of policy on cooperation with allies and partners around the world.
Sec. 30241A. Report on indigenous engagement.
Part 1—Western Hemisphere
Sec. 30242. Sense of Congress regarding United States-Canada relations.
Sec. 30243. Sense of Congress regarding China’s arbitrary imprisonment of Canadian citizens.
Sec. 30244. Strategy to enhance cooperation with Canada.
Sec. 30245. Sense of Congress.
Sec. 30246. Strategy to strengthen economic competitiveness, governance, human rights, and the rule of law in Latin America and the Caribbean.
Sec. 30247. Engagement in international organizations and the defense sector in Latin America and the Caribbean.
Sec. 30248. Defense cooperation in Latin America and the Caribbean.
Sec. 30249. Engagement with civil society in Latin America and the Caribbean regarding accountability, human rights, and the risks of pervasive surveillance technologies.
Sec. 30250. Caribbean energy initiative as alternative to China’s Belt and Road Initiative.
Sec. 30251. United States-Caribbean Resilience Partnership.
Sec. 30252. Countering China’s educational and cultural diplomacy in Latin America.
Sec. 30253. Narcotics trafficking in Latin America and the Caribbean.
Sec. 30254. Report on major Chinese infrastructure investments.
Part 2—Transatlantic Relationships
Sec. 30255. Sense of Congress on transatlantic relationships.
Sec. 30256. Strategy to enhance transatlantic cooperation with respect to the People’s Republic of China.
Sec. 30257. Enhancing transatlantic cooperation on promoting private sector finance.
Sec. 30258. Report and briefing on cooperation between China and Iran and between China and Russia.
Sec. 30259. Report and briefing on China’s election interference.
Sec. 30259A. Intelligence assessment.
Part 3—South and Central Asia
Sec. 30261. Sense of Congress on South and Central Asia.
Sec. 30262. Strategy to enhance cooperation with South and Central Asia.
Sec. 30263. Indian Ocean region strategic review.
Part 4—Africa
Sec. 30271. Assessment of political, economic, and security activity of the People’s Republic of China in Africa.
Sec. 30272. Increasing the competitiveness of the United States in Africa.
Sec. 30273. Digital security cooperation with respect to Africa.
Sec. 30274. Support for Young African Leaders Initiative.
Sec. 30275. Africa broadcasting networks.
Sec. 30276. Africa energy security and diversification.
Part 5—Middle East and North Africa
Sec. 30281. Strategy to counter Chinese influence in, and access to, the Middle East and North Africa.
Sec. 30282. Sense of Congress on Middle East and North Africa engagement.
Sec. 30283. Sense of Congress on People’s Republic of China-Iran relationship.
Part 6—Arctic Region
Sec. 30285. Arctic diplomacy.
Sec. 30286. Statement of policy regarding observer status for Taiwan on the Arctic Council.
Part 7—Oceania
Sec. 30291. Statement of policy on United States engagement in Oceania.
Sec. 30292. Oceania strategic roadmap.
Sec. 30293. Oceania Security Dialogue.
Sec. 30294. Oceania Peace Corps partnerships.
Part 8—Pacific Islands
Sec. 30295. Short title.
Sec. 30296. Findings.
Sec. 30297. Statement of policy.
Sec. 30298. Definition.
Sec. 30299. Authority to consolidate reports; form of reports.
Sec. 30299A. Diplomatic presence in the Pacific Islands.
Sec. 30299B. Coordination with regional allies and partners.
Sec. 30299C. Climate resilient development in the Pacific Islands.
Sec. 30299D. International law enforcement academy for the Pacific Islands.
Sec. 30299E. Security assistance for the Pacific Islands.
Sec. 30299F. Countering transnational crime.
Sec. 30299G. Emergency preparedness initiative for the Pacific Islands.
Sec. 30299H. Peace Corps in the Pacific Islands.
Sec. 30299I. Pacific Islands leadership development initiative.
Title III—Investing in Our Values
Sec. 30301. Sense of Congress on the continued violation of rights and freedoms of the people of Hong Kong.
Sec. 30302. Authorization of appropriations for promotion of democracy in Hong Kong.
Sec. 30303. Hong Kong people’s freedom and choice.
Sec. 30304. Export prohibition of munitions items to the Hong Kong police force.
Sec. 30305. Sense of Congress on treatment of Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region.
Sec. 30306. Uyghur human rights protection.
Sec. 30307. Removal of members of the United Nations Human Rights Council that commit human rights abuses.
Sec. 30308. Policy with respect to Tibet.
Sec. 30309. United States policy and international engagement on the succession or reincarnation of the Dalai Lama and religious freedom of Tibetan Buddhists.
Sec. 30310. Development and deployment of internet freedom and Great Firewall circumvention tools for the people of Hong Kong.
Sec. 30311. Authorization of appropriations for protecting human rights in the People’s Republic of China.
Sec. 30312. Modifications to and reauthorization of sanctions with respect to human rights violations.
Sec. 30313. Sense of congress condemning anti-asian racism and discrimination.
Sec. 30314. Annual reporting on censorship of free speech with respect to international abuses of human rights.
Sec. 30315. Policy toward the XXIV Olympic Winter Games and the XIII Paralympic Winter Games.
Sec. 30316. Review and controls on export of items with critical capabilities to enable human rights abuses.
Sec. 30317. Sense of Congress on commercial export control policy.
Sec. 30318. Imposition of sanctions with respect to systematic rape, coercive abortion, forced sterilization, or involuntary contraceptive implantation in the Xinjiang Uyghur Autonomous Region.
Sec. 30319. Sense of Congress regarding censorship of political speech.
Sec. 30320. Report on manner and extent to which the Government of China exploits Hong Kong to circumvent United States laws and protections.
Sec. 30321. Sense of Congress regarding annual Country Reports on Human Rights Practices.
Sec. 30322. Sense of Congress regarding press freedom in the People’s Republic of China.
Sec. 30323. United States Special Envoy for Xinjiang Province.
Sec. 30324. China Censorship Monitor and Action Group.
Sec. 30325. Public disclosure on BIS licensing information.
Sec. 30326. Modification of authority of the President under the Export Control Reform Act of 2018.
Sec. 30327. Determination with respect to the imposition of sanctions on entities involved in using Uyghur forced labor.
Title IV—Investing in Our Economic Statecraft
Sec. 30401. Sense of Congress regarding the People’s Republic of China’s industrial policy.
Sec. 30402. Economic defense response teams.
Sec. 30403. Countering overseas kleptocracy.
Sec. 30404. Annual report on Chinese surveillance companies.
Sec. 30405. Report on the People’s Republic of China’s investments in foreign mining and processing industries.
Title V—Ensuring Strategic Security
Sec. 30501. Cooperation on a strategic nuclear dialogue.
Sec. 30502. Report on United States efforts to engage the People’s Republic of China on nuclear issues and ballistic missile issues.
Sec. 30503. Countering the People’s Republic of China’s proliferation of ballistic missiles and nuclear technology to the Middle East.
Sec. 30504. Report on support for Biodefense Steering Committee in implementation of National Biodefense Strategy.
Title VI—Investing in a Sustainable Future
Sec. 30601. Ensuring national security and economic priorities with the People’s Republic of China and other countries account for environmental issues and climate change.
Sec. 30602. Enhancing security considerations for global climate disruptions.
Sec. 30603. Balancing accountability and cooperation with China.
Sec. 30604. Promoting responsible development alternatives to the People’s Republic of China’s Belt and Road Initiative.
Sec. 30605. Using climate diplomacy to better serve national security and economic interests.
Sec. 30606. Driving a global climate change resilience strategy.
Sec. 30607. Addressing international climate change mitigation, adaptation, and security.
Sec. 30608. Reducing the negative impacts from short-lived climate pollutants.
Sec. 30609. Building United States economic growth and technological innovation through the Green Climate Fund.
Sec. 30610. Ensuring a whole-of-government response to climate action.
Sec. 30611. Working with international partners to reduce deforestation.
Sec. 30612. Controlling the export of electronic waste to protect United States supply chains.
Sec. 30613. Rural Export Center.
Sec. 30614. Report on global exports of natural gas production.
Sec. 30615. Report on global CCP investment in port infrastructure.
Title VII—United States Commitment to Peacekeeping
Sec. 30701. Statement of policy concerning United States engagement regarding United Nations peacekeeping operations.
Sec. 30702. Repeal of the 25 percent cap on United States contributions to United Nations peacekeeping operations.
Sec. 30703. Reports on United States efforts to achieve United Nations peacekeeping reform.
Sec. 30704. Strategy to advocate for peacekeeping reforms at the United Nations.
Sec. 30705. Reporting requirements.
Title VIII—Preventing Future Pandemics
Sec. 30801. Short title.
Sec. 30802. Definitions.
Sec. 30803. Study on risk of wildlife markets on the emergence of novel viral pathogens.
Sec. 30804. Country-driven approach to end the commercial trade in live wildlife and associated wildlife markets.
Sec. 30805. Sense of congress.
Sec. 30806. Statement of policy.
Sec. 30807. Prevention of future zoonotic spillover events.
Sec. 30808. One health task force.
Sec. 30809. Reservation of rights.
Division E—Committee on Oversight and Reform
Sec. 40101. Federal Rotational Cyber Workforce Program.
Sec. 40102. AI in counterterrorism oversight enhancement.
Sec. 40103. Defense priorities effectiveness study.
Sec. 40104. Inflation study.
Sec. 40105. GAO report on inflation.
Sec. 40106. American Security Drone Act.
Division F—Committee on Homeland Security
Sec. 50101. Homeland procurement reform.
Sec. 50102. DHS software supply chain risk management.
Sec. 50103. Department of Homeland Security Mentor-Protégé Program.
Sec. 50104. Unmanned aerial security.
Sec. 50105. Metrics and reports on technologies relating to irregular migration along the southern border.
Sec. 50106. Report on current standards and guidelines for managing ports of entry under the control of the Department of Homeland Security.
Sec. 50107. Improving cybersecurity of small entities.
Sec. 50108. Critical Technology Security Centers.
Division G—Committee on Financial Services
Title I—U.S. Policy on World Bank Group and Asian Development Bank Loans to China
Sec. 60101. U.S. policy on World Bank Group and Asian Development Bank Loans to China.
Title II—Prohibitions or Conditions on Certain Transmittals of Funds
Sec. 60201. Findings.
Sec. 60202. Prohibitions or conditions on certain transmittals of funds.
Title III—U.S. Stock Exchange Trading Prohibition for 2 Consecutive Auditor Non-Inspection Years
Sec. 60301. Trading prohibition for 2 consecutive non-inspection years.
Title IV—Combating Wildlife Trafficking Financing and Proceeds Study Act
Sec. 60401. Findings.
Sec. 60402. Study.
Title V—Study on Chinese Support for Afghan Illicit Finance
Sec. 60501. Study on Chinese support for Afghan illicit finance.
Title VI—U.S. Policy on Multilateral Development Bank Co-Financing Arrangements with China’s Infrastructure Bank
Sec. 60601. U.S. policy on co-financing arrangements at the multilateral development banks.
Title VII—China financial threat mitigation
Sec. 60701. China financial threat mitigation.
Title VIII—Support for Debt Relief for Developing Countries
Sec. 60801. Support for international initiatives to provide debt relief to developing countries with unsustainable levels of debt.
Title IX—Securing America’s Vaccines for Emergencies
Sec. 60901. Short title.
Sec. 60902. Securing essential medical materials.
Sec. 60903. Investment in supply chain security.
Title X—COVID–19 Emergency Medical Supplies Enhancement
Sec. 61001. Short title.
Sec. 61002. Determination on emergency supplies and other public health emergencies.
Sec. 61003. Exercise of title I authorities in relation to contracts by State, local, or Tribal governments.
Sec. 61004. Engagement with the private sector.
Sec. 61005. Enhancement of supply chain production.
Sec. 61006. Enhanced reporting during COVID–19 emergency.
Sec. 61007. Report on activities involving small business.
Sec. 61008. Definitions.
Title XI—Afghan trade zones for licit trade
Sec. 61101. Study and report on feasibility of establishment and implementation of Afghan trade zones for licit trade.
Title XII—Interagency task force to address Chinese market manipulation in the United States
Sec. 61201. Establishment of interagency task force to address Chinese market manipulation in the United States.
Sec. 61202. Expansion of study and strategy on money laundering by the People's Republic of China to include risks of contributing to corruption.
Title XIII—Disclosure Requirements Relating to Certain Exempted Transactions
Sec. 61301. In general.
Title XIV—SAFE Banking
Sec. 61401. Short title; table of contents; purpose.
Sec. 61402. Safe harbor for depository institutions.
Sec. 61403. Protections for ancillary businesses.
Sec. 61404. Protections under Federal law.
Sec. 61405. Rules of construction.
Sec. 61406. Requirements for filing suspicious activity reports.
Sec. 61407. Guidance and examination procedures.
Sec. 61408. Annual diversity and inclusion report.
Sec. 61409. GAO study on diversity and inclusion.
Sec. 61410. GAO study on effectiveness of certain reports on finding certain persons.
Sec. 61411. Application of this title with respect to hemp-related legitimate businesses and hemp-related service providers.
Sec. 61412. Banking services for hemp-related legitimate businesses and hemp-related service providers.
Sec. 61413. Requirements for deposit account termination requests and orders.
Sec. 61414. Definitions.
Sec. 61415. Discretionary surplus funds.
Division H—Committee on Natural Resources
Title I—Illegal Fishing and Forced Labor Prevention
Sec. 70101. Definitions.
Sec. 70102. Authorization of appropriations.
Subtitle A—Combating Human Trafficking through Seafood Import Monitoring
Sec. 70111. Definitions.
Sec. 70112. Expansion of Seafood Import Monitoring Program to all species.
Sec. 70113. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set.
Sec. 70114. Additional data requirements for Seafood Import Monitoring Program data collection.
Sec. 70115. Import audits.
Sec. 70116. Availability of fisheries information.
Sec. 70117. Authority to hold fish products.
Sec. 70118. Report on seafood import monitoring.
Sec. 70119. Authorization of appropriations.
Subtitle B—Strengthening International Fisheries Management to Combat Human Trafficking
Sec. 70121. Denial of port privileges.
Sec. 70122. Identification and certification criteria.
Sec. 70123. Illegal, unreported, or unregulated fishing defined.
Sec. 70124. Equivalent conservation measures.
Sec. 70125. Regulations.
Subtitle C—Maritime Awareness
Sec. 70131. Automatic identification system requirements.
Title II—Driftnet Modernization and Bycatch Reduction
Sec. 70201. Definition.
Sec. 70202. Findings and policy.
Sec. 70203. Transition program.
Sec. 70204. Exception.
Sec. 70205. Fees.
Title III—Marine Mammal Research and Response
Sec. 70301. Data collection and dissemination.
Sec. 70302. Stranding or entanglement response agreements.
Sec. 70303. Unusual mortality event activity funding.
Sec. 70304. Liability.
Sec. 70305. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 70306. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.
Sec. 70307. Health MAP.
Sec. 70308. Reports to Congress.
Sec. 70309. Authorization of appropriations.
Sec. 70310. Definitions.
Sec. 70311. Study on marine mammal mortality.
Title IV—Reauthorization of Coral Reef Conservation Act of 2000
Sec. 70401. Reauthorization of Coral Reef Conservation Act of 2000.
Sec. 70402. Modification to section 204 of the Coral Reef Conservation Act of 2000.
Title V—United States Coral Reef Task Force
Sec. 70501. Establishment.
Sec. 70502. Duties.
Sec. 70503. Membership.
Sec. 70504. Responsibilities of Federal agency members.
Sec. 70505. Working groups.
Sec. 70506. Definitions.
Title VI—Department of the Interior coral reef authorities
Sec. 70601. Coral reef conservation and restoration assistance.
Title VII—Susan L. Williams National Coral Reef Management Fellowship
Sec. 70701. Definitions.
Sec. 70702. Establishment of fellowship program.
Sec. 70703. Fellowship awards.
Sec. 70704. Authorization of appropriations.
Title VIII—Buy American Seafood
Sec. 70801. Sense of Congress.
Sec. 70802. Caught in the USA.
Title IX—Insular Affairs
Sec. 70901. Ocean and Coastal Mapping Integration Act.
Title X—Studies and Reports
Sec. 71001. Deep sea mining.
Sec. 71002. National Academies assessment of oceanic blue carbon.
Sec. 71003. National Academies assessment of oil spills and plastic ingestion on sea life.
Sec. 71004. Offshore aquaculture.
Sec. 71005. Expanding opportunities to increase the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (“STEM”) professionals in ocean research and development.
Sec. 71006. Study on effects of 6PPD-quinone.
Title XI—Miscellaneous
Sec. 71101. Law enforcement attache deployment.
Sec. 71102. Lacey Act amendments.
Sec. 71103. Shark fin sales elimination.
Sec. 71104. Offshore wind energy deployment.
Sec. 71105. Shovel-ready restoration grants for coastlines and fisheries.
Sec. 71106. Leasing on the Outer Continental Shelf.
Sec. 71107. Tropical Forest and Coral Reef Conservation Reauthorization.
Sec. 71108. Prohibition on Sale of American Mink.
Title XII—Bolstering Long-term understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries
Sec. 71201. Purpose.
Sec. 71202. Sense of Congress.
Sec. 71203. Definition of Administrator.
Sec. 71204. Increased coordination among agencies with respect to data and monitoring.
Sec. 71205. Technology innovation to combat illegal, unreported, and unregulated fishing.
Sec. 71206. Workforce study.
Sec. 71207. Accelerating innovation at Cooperative Institutes.
Sec. 71208. Ocean Innovation Prize and prioritization.
Sec. 71209. Reauthorization of NOAA programs.
Sec. 71210. Blue Economy valuation.
Sec. 71211. Advanced Research Projects Agency–Oceans.
Title XIII—Climate change education
Sec. 71301. Findings.
Sec. 71302. Definitions.
Sec. 71303. Climate Change Education Program.
Sec. 71304. Grant program.
Sec. 71305. Report.
Sec. 71306. Authorization of appropriations.
Title XIV—Office of Education Technology to support the Bureau of Indian Education
Sec. 71401. Updating Bureau of Indian Affairs programs.
Sec. 71402. Establishment for the Office of Education Technology to support the Bureau of Indian Education.
Title XV—Public Land Renewable Energy Development Act
Sec. 71501. Definitions.
Sec. 71502. Land use planning; updates to programmatic environmental impact statements.
Sec. 71503. Limited grandfathering.
Sec. 71504. Disposition of revenues.
Sec. 71505. Savings.
Title XVI—Increasing community access to resiliency grants
Sec. 71601. Centralized website for resiliency grants.
Title XVII—Keep America’s waterfronts working
Sec. 71701. Working Waterfronts Grant Program.
Title XVIII—Blue carbon for our planet
Sec. 71801. Interagency working group.
Sec. 71802. National map of coastal blue carbon ecosystems.
Sec. 71803. Restoration and protections for existing coastal blue carbon ecosystems.
Sec. 71804. NAS assessment of containment of carbon dioxide in deep seafloor environment.
Sec. 71805. Authorization of appropriations.
Sec. 71806. Definitions.
Title XIX—Eliminate, neutralize, and disrupt wildlife trafficking reauthorization and improvements
Sec. 71901. Sense of Congress.
Sec. 71902. Definitions.
Sec. 71903. Framework for interagency response and reporting.
Sec. 71904. Funding safeguards.
Sec. 71905. Issuance of subpoenas in wildlife trafficking civil penalty enforcement actions.
Division I—Committee on the Judiciary
Title I—Subcommittee on Courts, Intellectual Property, and the Internet
Sec. 80101. Basic Research.
Sec. 80102. Collection of demographic information for patent inventors.
Sec. 80103. Stopping harmful offers on platforms by screening against fakes in e-commerce.
Title II—Subcommittee on Antitrust, Commercial and Administrative Law
Sec. 80201. Premerger notification filing fees.
Sec. 80202. Authorization of appropriations.
Sec. 80203. Mergers involving foreign government subsidies.
Title III—Immigration Provisions
Sec. 80301. W visas.
Sec. 80302. Start-up entities; nonimmigrant entrepreneurs and employees.
Sec. 80303. Advanced degree stem graduates.
Sec. 80304. Conforming amendments.
Sec. 80305. Rulemaking.
Sec. 80306. Reciprocal visas for nationals of South Korea.
Sec. 80307. Special immigrant visas for certain Fulbright scholars.
Sec. 80308. Citizenship for certain children born outside the United States.
Sec. 80309. Foreign Corruption Accountability.
Title IV—Admission of essential scientists and technical experts
Sec. 80401. Admission of essential scientists and technical experts to promote and protect National Security Innovation Base.
Title V—Criminal provisions
Sec. 80501. Justice for Victims of Kleptocracy.
Title VI—Other matters
Sec. 80601. Registration of agent.
Division J—Committee on Education and Labor
Title I—National Apprenticeship Act of 2022
Sec. 90101. Short title.
Sec. 90102. Effective date.
Sec. 90103. Amendment.
Sec. 90104. Conforming amendments.
Title II—Elementary and Secondary Education
Sec. 90201. Postsecondary stem pathways grants.
Sec. 90202. Improving access to elementary and secondary computer science education.
Title III—Higher Education
Sec. 90301. Reauthorization of international education programs under title VI of the Higher Education Act of 1965.
Sec. 90302. Confucius Institutes.
Sec. 90303. Sustaining the Truman Foundation and the Madison Foundation.
Sec. 90304. Disclosures of foreign gifts and contracts at institutions of higher education.
Sec. 90305. Eliminating short-term education loan programs; job training Federal Pell grants; technical corrections.
Sec. 90306. College transparency.
Title IV—IMPACT Act
Sec. 90401. Telecommunications workforce training grant program.
Title V—BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS (BUILDS)
Sec. 90501. Definitions.
Sec. 90502. Grants authorized.
Sec. 90503. Application.
Sec. 90504. Eligible activities.
Sec. 90505. Administration by the Secretary.
Sec. 90506. Authorization of appropriations.
Sec. 90507. Special rule.
Title VI—Dr. David Satcher Cybersecurity Education Grant Program
Sec. 90601. Dr. David Satcher cybersecurity education grant program.
Title VII—Critical supply chain sectors apprenticeships grants
Sec. 90701. Grant requirements.
Title VIII—AI JOBS Act of 2021
Sec. 90801. Sense of Congress.
Sec. 90802. Report on artificial intelligence.
Sec. 90803. Definitions.
Title IX—Supporting Apprenticeship Colleges Act of 2021
Sec. 90901. Community outreach grant program.
Sec. 90902. Student support grant program for expanded academic advising.
Sec. 90903. Definitions.
Division K—Matters relating to trade
Sec. 100001. Short title.
Title I—Trade Adjustment Assistance
Sec. 101001. Short title.
Sec. 101002. Application of provisions relating to trade adjustment assistance.
Subtitle A—Trade adjustment assistance for workers
Sec. 101101. Filing petitions.
Sec. 101102. Group eligibility requirements.
Sec. 101103. Application of determinations of eligibility to workers employed by successors-in-interest.
Sec. 101104. Provision of benefit information to workers.
Sec. 101105. Qualifying requirements for workers.
Sec. 101106. Modification to trade readjustment allowances.
Sec. 101107. Automatic extension of trade readjustment allowances.
Sec. 101108. Employment and case management services.
Sec. 101109. Training.
Sec. 101110. Job search, relocation, and child and other dependent care allowances.
Sec. 101111. Agreements with States.
Sec. 101112. Reemployment trade adjustment assistance program.
Sec. 101113. Extension of trade adjustment assistance to public agency workers.
Sec. 101114. Definitions.
Sec. 101115. Requirements for certain territories.
Sec. 101116. Subpoena power.
Subtitle B—Trade adjustment assistance for firms
Sec. 101201. Petitions and determinations.
Sec. 101202. Approval of adjustment proposals.
Sec. 101203. Technical assistance.
Sec. 101204. Definitions.
Sec. 101205. Plan for sustained outreach to potentially-eligible firms.
Subtitle C—Trade Adjustment Assistance for Communities and Community Colleges
Sec. 101301. Trade adjustment assistance for communities.
Sec. 101302. Trade adjustment assistance for community colleges and career training.
Subtitle D—Trade adjustment assistance for farmers
Sec. 101401. Definitions.
Sec. 101402. Group eligibility requirements.
Sec. 101403. Benefit information to agricultural commodity producers.
Sec. 101404. Qualifying requirements and benefits for agricultural commodity producers.
Subtitle E—Authorizations of appropriations and other matters
Sec. 101501. Extension of trade adjustment assistance program.
Sec. 101502. Applicability of trade adjustment assistance provisions.
Subtitle F—Health Care Tax Credit
Sec. 101601. Permanent credit for health insurance costs.
Title II—Improvements to trade remedies laws
Subtitle A—Successive Investigations
Sec. 102001. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations.
Sec. 102002. Initiation of successive antidumping and countervailing duty investigations.
Sec. 102003. Issuance of determinations with respect to successive antidumping and countervailing duty investigations.
Subtitle B—Responding to Market Distortions
Sec. 102101. Addressing cross-border subsidies in countervailing duty investigations.
Sec. 102102. Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the ordinary course of trade.
Sec. 102103. Modification of adjustments to export price and constructed export price with respect to duty drawback.
Sec. 102104. Modification of determination of constructed value to include distortions of costs that occur in foreign countries.
Sec. 102105. Special rules for calculation of cost of production and constructed value to address distorted costs.
Subtitle C—Preventing Circumvention
Sec. 102201. Modification of requirements in circumvention inquiries.
Sec. 102202. Requirement of provision by importer of certification by importer or other party.
Sec. 102203. Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise.
Sec. 102204. Asset requirements applicable to nonresident importers.
Subtitle D—Countering currency undervaluation
Sec. 102301. Investigation or review of currency undervaluation under countervailing duty law.
Sec. 102302. Determination of benefit with respect to currency undervaluation.
Subtitle E—Preventing duty evasion
Sec. 102401. Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders.
Sec. 102402. Procedures for investigating claims of evasion of safeguard actions.
Sec. 102403. Application of provisions relating to certain proprietary information.
Subtitle F—General Provisions
Sec. 102501. Application to Canada and Mexico.
Sec. 102502. Repeal of the Softwood Lumber Act of 2008.
Sec. 102503. Enforcement actions relating to cheese subject to an in-quota rate of duty.
Sec. 102504. Effective date.
Title III—Import Security and Fairness Act
Sec. 103001. Short title.
Sec. 103002. Additional exceptions to exemptions for de minimis treatment under the Tariff Act of 1930.
Sec. 103003. Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930.
Sec. 103004. Effective date.
Title IV—National critical capabilities reviews
Sec. 104001. National critical capabilities reviews.
Title V—Modification and Extension of Generalized System of Preferences
Sec. 105001. Modification and extension of Generalized System of Preferences.
Sec. 105002. United States International Trade Commission study.
Title VI—Reauthorization of the American Manufacturing Competitiveness Act of 2016 and other matters
Sec. 106001. Reauthorization of american manufacturing competitiveness act of 2016.
Sec. 106002. Limitation on duty suspensions or reductions for finished goods.
Sec. 106003. Sense of Congress on United States commitment to the World Trade Organization.
Sec. 106004. Authority of U.S. Customs and Border Protection to consolidate, modify, or reorganize Customs revenue functions.
Sec. 106005. Prohibition on large scale transportation of sodium cyanide briquettes for mining purposes in the United States.
Title VII—Temporary Duty Suspensions and Reductions
Sec. 107001. Reference.
Subtitle A—New Duty Suspensions and Reductions
Sec. 107101. Shelled pine nuts.
Sec. 107102. Licorice extract.
Sec. 107103. Refined Carrageenan.
Sec. 107104. Irish dairy chocolate crumb.
Sec. 107105. Pepperoncini, preserved in vinegar.
Sec. 107106. Coconut water in PET bottles.
Sec. 107107. 9,11-Octadecadienoic acid.
Sec. 107108. Liquid galacto-oligosaccharides.
Sec. 107109. Beverage containing coconut water.
Sec. 107110. Animal feed additive containing guanidinoacetic acid.
Sec. 107111. Tungsten concentrate.
Sec. 107112. Piperylene.
Sec. 107113. Normal paraffin M (alkanes C10–C14).
Sec. 107114. Neodymium (Nd) metal.
Sec. 107115. Praseodymium (Pr) metal.
Sec. 107116. Heavy rare earth metals, dysprosium (Dy) metal and terbium (Tb) metal.
Sec. 107117. Scandium crystal.
Sec. 107118. Hexafluorotitanic acid.
Sec. 107119. Silica gel cat litter with tray.
Sec. 107120. Dioxosilane spherical particles (mean particle size 0.046–0.054 mm).
Sec. 107121. Silica gel cat litter.
Sec. 107122. Sulfuryl dichloride.
Sec. 107123. FS-10D acicular electroconductive tin oxide.
Sec. 107124. Certain potassium fluoride.
Sec. 107125. Other potassium fluoride.
Sec. 107126. LiPF6.
Sec. 107127. LiPO2F2.
Sec. 107128. Ammonium fluoroborate.
Sec. 107129. Sodium tetrafluoroborate.
Sec. 107130. Ferric chloride.
Sec. 107131. Ferrous chloride.
Sec. 107132. Cupric chloride dihydrate.
Sec. 107133. Copper chloride anhydrous.
Sec. 107134. Manganese chloride anhydrous.
Sec. 107135. Manganese chloride tetrahydrate.
Sec. 107136. Reducing agent.
Sec. 107137. Manganese carbonate.
Sec. 107138. Potassium tetraborate.
Sec. 107139. Potassium pentaborate.
Sec. 107140. Ammonium thiocyanate.
Sec. 107141. Modified amine complex of boron trifluoride.
Sec. 107142. Trichlorosilane.
Sec. 107143. 1,3-Dichloropropene.
Sec. 107144. Hexafluoroisobutylene (HFIB).
Sec. 107145. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 107146. Ethyl benzyl chloride.
Sec. 107147. Perfluoroalkyl sulfonate.
Sec. 107148. D-Mannitol.
Sec. 107149. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 107150. Phenyl isopropanol.
Sec. 107151. Hydroxytyrosol.
Sec. 107152. 1,6-Dihydroxynaphthalene.
Sec. 107153. Antioxidant for plastics and rubber.
Sec. 107154. Toluhydroquinone (THQ).
Sec. 107155. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 107156. mPEG6-mesylate.
Sec. 107157. Monoethylene glycol dimethyl ether.
Sec. 107158. Diethylene glycol dimethyl ether.
Sec. 107159. Diethylene glycol dibutyl ether.
Sec. 107160. Tetraethylene glycol dimethyl ether.
Sec. 107161. Glycol diether.
Sec. 107162. Diglycidyl resorcinol ether.
Sec. 107163. Allyl glycidyl ether.
Sec. 107164. Vinylcyclohexane monoxide.
Sec. 107165. Technical grade of butyl glycidyl ether.
Sec. 107166. Aliphatic glycidyl ether.
Sec. 107167. Diglycidyl ether of 1,4-butanediol.
Sec. 107168. Technical grade of the glycidyl ether of cyclohexane dimethanol.
Sec. 107169. Glycidyl ester of neodecanoic acid.
Sec. 107170. Cumaldehyde.
Sec. 107171. Cyprinal.
Sec. 107172. Sodium o-formylbenzenesulfonate.
Sec. 107173. Acetylacetone.
Sec. 107174. Acetyl propionyl.
Sec. 107175. Alpha ionone.
Sec. 107176. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 107177. Menthone.
Sec. 107178. L-Carvone.
Sec. 107179. Benzoin.
Sec. 107180. Methyl cyclopentenolone.
Sec. 107181. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 107182. Difluorobenzophenone (DFBP).
Sec. 107183. PTMI.
Sec. 107184. Metrafenone.
Sec. 107185. Hexachloroacetone.
Sec. 107186. Fire suppression agent.
Sec. 107187. D(+)-10-Camphor sulfonic acid.
Sec. 107188. Benzyl acetate.
Sec. 107189. Propylene glycol diacetate.
Sec. 107190. Isopropenyl acetate.
Sec. 107191. Diacetin.
Sec. 107192. Cocoamine.
Sec. 107193. Caprylic acid 98%.
Sec. 107194. Fine zinc myristate powder.
Sec. 107195. Fine magnesium myristate powder.
Sec. 107196. Dipentaerythrityl hexahydroxystearate/hexastearate/hexarosinate.
Sec. 107197. Polyglyceryl-2 triisostearate.
Sec. 107198. Neopentyl glycol diethylhexanoate.
Sec. 107199. Isononyl isononate.
Sec. 107200. Acetyl chloride.
Sec. 107201. Potassium sorbate.
Sec. 107202. Vinyl chloroformate.
Sec. 107203. Permethrin.
Sec. 107204. Sodium benzoate.
Sec. 107205. Benzoic acid, flake.
Sec. 107206. Diethylene glycol dibenzoate.
Sec. 107207. Methyl benzoate.
Sec. 107208. M-Nitrobenzoic acid sodium salt.
Sec. 107209. p-Nitrobenzoic acid.
Sec. 107210. 4-tert Butylbenzoic acid.
Sec. 107211. Sodium adipate.
Sec. 107212. Dimethyl sebacate (DMS).
Sec. 107213. Dodecanedioic acid.
Sec. 107214. Polyhydroxystearic acid of low acid value.
Sec. 107215. Undecanedioic acid.
Sec. 107216. Hexadecanedioic acid.
Sec. 107217. Tetradecanedioic acid.
Sec. 107218. Pentadecanedioic acid.
Sec. 107219. Tridecanedioic acid.
Sec. 107220. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 107221. Calcium HHPA.
Sec. 107222. Diethyl phthalate.
Sec. 107223. Ammonium lactate.
Sec. 107224. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 107225. Diisostearyl malate.
Sec. 107226. Salicylic acid.
Sec. 107227. Hexyl salicylate.
Sec. 107228. Alpha-ketogluteric acid.
Sec. 107229. MCPB herbicide.
Sec. 107230. 2,4-D Butoxyethylester.
Sec. 107231. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 107232. Diglycolic acid 98%.
Sec. 107233. Tri-iso-butyl phosphate (TiBP).
Sec. 107234. Trimethylphosphite.
Sec. 107235. Organic phosphite.
Sec. 107236. Diethyl sulfate.
Sec. 107237. Diethyl carbonate.
Sec. 107238. Ethyl methyl carbonate.
Sec. 107239. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 107240. Dicetyl peroxydicarbonate.
Sec. 107241. Tetraethyl silicate.
Sec. 107242. tert-Octylamine.
Sec. 107243. Octadecylamine.
Sec. 107244. N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine.
Sec. 107245. 1,10-Diaminodecane.
Sec. 107246. 1,5-Pentanediamine.
Sec. 107247. Dicyclohexylamine.
Sec. 107248. Amantadine hydrochloride 99%.
Sec. 107249. N,N-Dimethylaniline.
Sec. 107250. Paranitroaniline (PNA).
Sec. 107251. Dicloran.
Sec. 107252. N,N-Dimethyl-p-toluidine.
Sec. 107253. Pendimethalin technical.
Sec. 107254. Benzyldimethylamine.
Sec. 107255. Diphenyl diphenylene diamine.
Sec. 107256. Curative for epoxy resin systems.
Sec. 107257. TFMB.
Sec. 107258. S-N-Alkyl-anilin.
Sec. 107259. p-Cresidine.
Sec. 107260. Iminodiacetic acid.
Sec. 107261. 11 Aminoundecanoic acid.
Sec. 107262. L-Orinithine L-aspartate.
Sec. 107263. Iron sodium DTPA.
Sec. 107264. Iron glycinate complex.
Sec. 107265. Copper glycinate complex.
Sec. 107266. Zinc glycinate complex.
Sec. 107267. Manganese glycinate complex.
Sec. 107268. Iron sodium EDDHA.
Sec. 107269. DMF-DMA.
Sec. 107270. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 107271. Betaine.
Sec. 107272. Prolonium chloride in aqueous solution.
Sec. 107273. N,N-Dimethylacetamide.
Sec. 107274. N,N-Dimethylformamide.
Sec. 107275. DAAM.
Sec. 107276. L-Alanyl L-glutamine.
Sec. 107277. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 107278. Glycyl-L-glutamine hydrate.
Sec. 107279. Noviflumuron.
Sec. 107280. Propanil technical.
Sec. 107281. Hexaflumuron.
Sec. 107282. Stabilizer for plastics and rubber.
Sec. 107283. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 107284. Glycyl-L-tyrosine dihydrate.
Sec. 107285. L-Alanyl-L-tyrosine.
Sec. 107286. Enzalutamide ITS-2.
Sec. 107287. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 107288. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 107289. N′-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide (BMH) (oil treated).
Sec. 107290. Guanidine sulfamate.
Sec. 107291. Liquid, blocked cycloaliphatic diamine used as crosslinker for polyisocyanate resins.
Sec. 107292. 3,4-Difluorobenzonitrile.
Sec. 107293. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 107294. TFMPA.
Sec. 107295. Dimethyl 2,2′-Azobisisobutyrate.
Sec. 107296. Antioxidant/metal deactivator.
Sec. 107297. Benzyl carbazate.
Sec. 107298. Benzene-1,3-dicarbohydrazide.
Sec. 107299. Input for resins, coatings, and other products.
Sec. 107300. Aldicarb.
Sec. 107301. Flubendiamide.
Sec. 107302. Benzobicyclon.
Sec. 107303. Diphenylsulfone (DPS).
Sec. 107304. Phenolic antioxidant.
Sec. 107305. Phenolic antioxidant and heat stabilizer.
Sec. 107306. Phenylchlorothioformate (PTCFM).
Sec. 107307. Methylene bis thiocyanate.
Sec. 107308. Oxamyl.
Sec. 107309. L-Cystine.
Sec. 107310. L-Cysteine.
Sec. 107311. N,N′-Bis-L-alanyl-L-cystine.
Sec. 107312. Lubricant additive.
Sec. 107313. Sodium benzenesulfinate.
Sec. 107314. Thio-ether based co-stabilizer for plastics.
Sec. 107315. L-Cysteine hydrate hydrochloride.
Sec. 107316. Dimercaprol.
Sec. 107317. Monoammonium salt of glyphosate.
Sec. 107318. THPC.
Sec. 107319. Flame retardant for textiles.
Sec. 107320. Glyphosate.
Sec. 107321. Ethephon.
Sec. 107322. Benzene phosphinic acid.
Sec. 107323. HEDP.
Sec. 107324. Trimethylchlorosilane.
Sec. 107325. Chloro-(chloromethyl)-dimethylsilane.
Sec. 107326. Silicone for electronics cleaners.
Sec. 107327. Silicon carrier fluid for active lotions, creams.
Sec. 107328. Vinyltrimethoxysilane.
Sec. 107329. n-Octyltriethoxysilane.
Sec. 107330. Dimethylbis(s-butylamino)silane.
Sec. 107331. Aqueous solution of potassium methyl siliconate.
Sec. 107332. Octyltrimethoxysilane.
Sec. 107333. Octlytriethoxysilane.
Sec. 107334. Methyltris(sec-butylamino)silane.
Sec. 107335. Methyltris(methylethylketoximino)silane (MOS).
Sec. 107336. Heptamethyltrisiloxane.
Sec. 107337. Tetramethyldisiloxane.
Sec. 107338. Dimethylchlorosilane.
Sec. 107339. Dichloromethylsilane.
Sec. 107340. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 107341. Tetravinyltetramethylcyclo­tetra­siloxane.
Sec. 107342. Divinyltetramethyldisiloxane.
Sec. 107343. Input for plant protection agent.
Sec. 107344. Strawberry furanone.
Sec. 107345. Emamectin benzoate.
Sec. 107346. Gibberellic acid.
Sec. 107347. Rose oxide.
Sec. 107348. Vinylene carbonate.
Sec. 107349. Kasugamycin technical.
Sec. 107350. 2H-Cyclododeca[b]pyran.
Sec. 107351. Bixafen.
Sec. 107352. Fluxapyroxad.
Sec. 107353. 3,5 Dimethylpyrazole.
Sec. 107354. Pyraclonil.
Sec. 107355. Imidazolidinyl urea.
Sec. 107356. Allantoin.
Sec. 107357. Emulsifiable concentrate of Imazalil fungicide.
Sec. 107358. Technical cyazofamid fungicide.
Sec. 107359. Imazalil sulfate.
Sec. 107360. 1,2-Dimethylimidazole.
Sec. 107361. 2-Methylimidazole flakes.
Sec. 107362. Diazolidinyl urea.
Sec. 107363. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 107364. Zinc pyrithione.
Sec. 107365. Technical Pyriofenone fungicide.
Sec. 107366. Picoxystrobin.
Sec. 107367. Triclopyr BEE.
Sec. 107368. Imazapyr.
Sec. 107369. Tetraniliprole.
Sec. 107370. Cyantraniliprole.
Sec. 107371. Chlorantraniliprole.
Sec. 107372. Chlorpyrifos.
Sec. 107373. Technical Cyclaniliprole insecticide.
Sec. 107374. Regorafenib.
Sec. 107375. N-Butyl-TAD.
Sec. 107376. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 107377. 4-Hydroxy-TEMPO.
Sec. 107378. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 107379. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid.
Sec. 107380. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 107381. Picarbutrox.
Sec. 107382. 5-amino-3-(trifluromethyl) picolino­nitrile (T3630).
Sec. 107383. Dextromethorphan hydrobromide.
Sec. 107384. Ipflufenoquin.
Sec. 107385. THQ.
Sec. 107386. Pyrithiobac sodium.
Sec. 107387. Larotrectinib sulfate.
Sec. 107388. Ibrutinib.
Sec. 107389. Orthosulfamuron.
Sec. 107390. 5-Bromopyrimidine.
Sec. 107391. Butylthion.
Sec. 107392. P-1062.
Sec. 107393. Carfentrazone Technical.
Sec. 107394. UV absorber 928.
Sec. 107395. UV absorber for industrial coatings.
Sec. 107396. Uniconazole-P.
Sec. 107397. VcMMAE.
Sec. 107398. UVA 360.
Sec. 107399. Trofinetide.
Sec. 107400. Flurazole.
Sec. 107401. Oxathiapiprolin.
Sec. 107402. Certain antimicrobial.
Sec. 107403. Rubber accelerator.
Sec. 107404. 2-Amino benzothiazole.
Sec. 107405. Technical Isofetamid fungicide.
Sec. 107406. Clomazone Technical.
Sec. 107407. NEM salt.
Sec. 107408. AMTC wet cake.
Sec. 107409. Photoinitiator 369.
Sec. 107410. Isatoic anhydride.
Sec. 107411. Oclacitinib maleate.
Sec. 107412. Thiencarbazone-methyl.
Sec. 107413. Penoxsulam technical herbicide.
Sec. 107414. Ethyl 2-sulfamoylbenzoate.
Sec. 107415. Sulfosulfuron.
Sec. 107416. Pyrimisulfan.
Sec. 107417. Purified steviol glycoside, rebaudioside A.
Sec. 107418. Glucosylated steviol glycosides.
Sec. 107419. Hydroxypropyl gamma cyclodextrin.
Sec. 107420. Hydroxypropylated beta cyclodextrin.
Sec. 107421. Methyl beta cyclodextrin.
Sec. 107422. 2′-Fucosyllactose.
Sec. 107423. Ascorbyl glucoside.
Sec. 107424. Dimethylamine borane (DMAB).
Sec. 107425. Elderberry extract concentrate.
Sec. 107426. Disperse Yellow 241.
Sec. 107427. Disperse Orange.
Sec. 107428. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 107429. Disperse Blue 54.
Sec. 107430. Mixtures of several disperse dyes.
Sec. 107431. Mixtures of 4 disperse blue dyes.
Sec. 107432. Mixtures of 4 dyes.
Sec. 107433. Disperse Red 86.
Sec. 107434. Disperse Violet 1.
Sec. 107435. Disperse Blue 60.
Sec. 107436. Mixtures of Disperse Orange 29, Disperse Red 167:1, and Disperse Blue 56.
Sec. 107437. Disperse Yellow 54.
Sec. 107438. Acid Violet 48.
Sec. 107439. Acid Blue 280.
Sec. 107440. Acid Brown 282.
Sec. 107441. Acid Red 131.
Sec. 107442. Acid Red 249.
Sec. 107443. Acid Yellow 236.
Sec. 107444. Acid Red 407.
Sec. 107445. Acid Yellow 220.
Sec. 107446. Acid Yellow 232.
Sec. 107447. Acid Yellow 235.
Sec. 107448. Acid Yellow 151.
Sec. 107449. Acid Violet 43.
Sec. 107450. Acid Black 52.
Sec. 107451. Acid Black 2.
Sec. 107452. Acid Green 25.
Sec. 107453. Basic Brown 23.
Sec. 107454. Basic Violet 11:1 rhodamine dye.
Sec. 107455. Basic Yellow 37.
Sec. 107456. Basic Violet 3.
Sec. 107457. Direct Orange 118.
Sec. 107458. Direct Blue 86.
Sec. 107459. Direct Blue 199.
Sec. 107460. Direct Black 168.
Sec. 107461. Direct Red 227.
Sec. 107462. Direct Yellow 107.
Sec. 107463. Direct Green 26.
Sec. 107464. Direct Yellow 11.
Sec. 107465. Direct Orange 15.
Sec. 107466. Direct Brown 44.
Sec. 107467. Direct Red 81.
Sec. 107468. Direct Yellow 142.
Sec. 107469. Direct Red 80.
Sec. 107470. Direct Red 16.
Sec. 107471. Direct Red 254.
Sec. 107472. Colorant.
Sec. 107473. Direct Yellow 34.
Sec. 107474. Vat Orange 2 dye powder.
Sec. 107475. Vat Violet 13 dye.
Sec. 107476. Vat Brown 3 dye.
Sec. 107477. Vat Red 10 dye powder.
Sec. 107478. Vat Brown 57 dye.
Sec. 107479. Vat Red 31 dye powder.
Sec. 107480. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 107481. Vat Red 13.
Sec. 107482. Vat Yellow 2 dye powder.
Sec. 107483. Vat Yellow 33 dye.
Sec. 107484. Vat Green 1 dye.
Sec. 107485. Vat Green 3.
Sec. 107486. Vat Blue 6 dye.
Sec. 107487. Vat Blue 20 dye.
Sec. 107488. Vat Violet 1.
Sec. 107489. Vat Brown 1 dye.
Sec. 107490. Vat Black 16 dye.
Sec. 107491. Vat Black 25.
Sec. 107492. Vat Black 27.
Sec. 107493. Reactive Yellow 145.
Sec. 107494. Reactive Red 195.
Sec. 107495. Reactive Blue 49.
Sec. 107496. Reactive Blue 72.
Sec. 107497. Reactive Yellow 95 powder.
Sec. 107498. Reactive Red 245.
Sec. 107499. Reactive Brown 11.
Sec. 107500. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet F01–0439, and Reactive Orange 131.
Sec. 107501. Reactive Yellow F98–0159.
Sec. 107502. Dye mixtures of Reactive Orange 131 and Reactive Scarlet F07–0522.
Sec. 107503. Reactive Black 31.
Sec. 107504. Reactive Red 120.
Sec. 107505. Reactive Blue 5.
Sec. 107506. Reactive Orange 13.
Sec. 107507. Reactive Orange 12.
Sec. 107508. Pigment Red 177.
Sec. 107509. Pigment Yellow 110.
Sec. 107510. Pigment Yellow 147.
Sec. 107511. Pigment Orange 64.
Sec. 107512. Pigment Blue 29.
Sec. 107513. Pigment Violet 15.
Sec. 107514. Pigment Blue 14.
Sec. 107515. Solvent Blue 97.
Sec. 107516. Solvent Green 5.
Sec. 107517. Solvent Yellow 98.
Sec. 107518. Solvent Green 7.
Sec. 107519. Solvent Red 195.
Sec. 107520. Solvent Orange 115.
Sec. 107521. Specialty dyes.
Sec. 107522. Solvent Green 3.
Sec. 107523. Solvent Blue 36.
Sec. 107524. Mixtures of Solvent Green 3.
Sec. 107525. Solvent Red 52.
Sec. 107526. Solvent Red 149.
Sec. 107527. Solvent Red 207.
Sec. 107528. Solvent Violet 14.
Sec. 107529. Solvent Yellow 179.
Sec. 107530. Solvent Yellow 131.
Sec. 107531. Hogen Blue XB-20.
Sec. 107532. Solvent Yellow 104.
Sec. 107533. Combination of Fluorescent Brighteners 367 and 371.
Sec. 107534. Fluorescent Brightener CBS-X.
Sec. 107535. Optical Brightener SWN.
Sec. 107536. C.I. Fluorescent Brightener 199:1.
Sec. 107537. Fluorescent Brightener 368.
Sec. 107538. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 107539. Certain manufacturing inputs.
Sec. 107540. Cerium sulfide pigments.
Sec. 107541. Matte pearlescent pigments.
Sec. 107542. Angle-dependent interference pigments.
Sec. 107543. Inorganic Lumilux.
Sec. 107544. Ribbon/Matrix Resin.
Sec. 107545. Bonding agent 2005.
Sec. 107546. Fluoropolymer resin.
Sec. 107547. Zirconium 12 paint drier.
Sec. 107548. Zirconium 24 paint drier.
Sec. 107549. Drier accelerators.
Sec. 107550. Lemon oil.
Sec. 107551. Sulfonic acids, C14–17-sec-alkane, sodium salt.
Sec. 107552. Potassium ethyl octylphosphonate.
Sec. 107553. Intermediate in the production of industrial lubricants.
Sec. 107554. Polyether dispersant.
Sec. 107555. D-Glucopyranose.
Sec. 107556. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 107557. Mixtures of certain C12–14-alkyl ethers.
Sec. 107558. Manufacturing chemical.
Sec. 107559. Nonionic surfactant.
Sec. 107560. Chemical used in textile manufacturing.
Sec. 107561. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 107562. Sodium polycarboxylate, aqueous solution.
Sec. 107563. Aqueous emulsion of a mixture of amine soaps and miscellaneous other additives.
Sec. 107564. Aqueous dispersion of a mixture of fatty amine and amide soaps and miscellaneous other additives.
Sec. 107565. Aqueous dispersion of a mixture of fatty amine and amide soaps and miscellaneous other additives.
Sec. 107566. Photographic gelatin.
Sec. 107567. Ice fountains (class 1.4G).
Sec. 107568. Magic candles containing magnesium powder.
Sec. 107569. Party snappers (Class 1.4G).
Sec. 107570. Fenpyroximate 5SC.
Sec. 107571. Pyrifluquinazon 20SC.
Sec. 107572. Imidacloprid and Muscalure formulations.
Sec. 107573. Formulations of acephate and bifenthrin.
Sec. 107574. Fipronil.
Sec. 107575. Aluminum phosphide.
Sec. 107576. Magnaphos formulations.
Sec. 107577. Formulated oxamyl.
Sec. 107578. Formulated fungicides.
Sec. 107579. Certain fungicides.
Sec. 107580. Prothioconazole, Fluopyram, and Trifloxystrobin fungicides.
Sec. 107581. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 107582. Mancozeb and Chlorothalonil formulations.
Sec. 107583. Mixtures of Picarbutrox and application adjuvants.
Sec. 107584. Mixtures of Tetraconazole and application adjuvants.
Sec. 107585. Mancozeb and Azoxystrobin formulations.
Sec. 107586. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 107587. Microthiol formulations.
Sec. 107588. Formulations of thiencarbazone-methyl, Iodosulfuron-methyl-sodium, and dicamba.
Sec. 107589. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione herbicides.
Sec. 107590. Herbicides used on grasses.
Sec. 107591. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide herbicides.
Sec. 107592. Thiencarbazone-methyl and Iodosulfuron-methylsodium herbicides.
Sec. 107593. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 107594. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107595. Tribenuron-methyl formulations.
Sec. 107596. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 107597. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 107598. Aciflurofen formulations.
Sec. 107599. S-Metolachlor and Mestrione herbicides.
Sec. 107600. Metribuzin formulations.
Sec. 107601. Pendimethaline and Metribuzine formulations.
Sec. 107602. Formulations of S-Metolachlor and Metribuzin.
Sec. 107603. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107604. Metsulfuron-methyl formulations.
Sec. 107605. Chlorimuron-ethyl formulations.
Sec. 107606. Mixtures of Bromoxynil octanoate and Bromoxynil heptanoate.
Sec. 107607. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 107608. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 107609. Formulations containing Tiafenacil.
Sec. 107610. Diuron 80.
Sec. 107611. Flazasulfuron herbicides.
Sec. 107612. Thifensulfuron-methyl formulations.
Sec. 107613. Herbicide for farm and ranch use.
Sec. 107614. Propanil formulations.
Sec. 107615. Thifensulfuron formulations.
Sec. 107616. Tolpyralate and Nicosulfuron herbicides.
Sec. 107617. Mixtures of magnesium salts and application adjuvants.
Sec. 107618. Nisin formulations.
Sec. 107619. Certain fixatives.
Sec. 107620. Fuel oil additives: cold flow improvers containing poly(ethylene-co-ethenyl acetate).
Sec. 107621. Fuel oil additives: cold flow improvers containing fumarate vinyl acetate co-polymer.
Sec. 107622. Crude oil additives: cold flow improvers containing fumarate vinyl acetate copolymer.
Sec. 107623. Pour point depressants.
Sec. 107624. Fuel oil additives: cold flow improvers containing poly (ethylene-co-ethenyl acetate and vinyl 2-ethyl hexanoate).
Sec. 107625. Poly(isobutylene) hydroformylation products.
Sec. 107626. Input for rubber products.
Sec. 107627. Mixtures of oligomers as general antioxidants for rubber tires.
Sec. 107628. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-, homopolymer.
Sec. 107629. Aromatic amine antioxidants.
Sec. 107630. Antioxidant blends.
Sec. 107631. Antioxidant blends to protect polymers.
Sec. 107632. Synthetic hydrotalcite coated with fatty acid and magnesium stearate.
Sec. 107633. Silica scorch retarders and polymerization inhibitors.
Sec. 107634. Synthetic hydrotalcite.
Sec. 107635. Light stabilizers for construction products.
Sec. 107636. Light stabilizer for plastics.
Sec. 107637. Preparations of bis(2,4–dichlorobenzoyl) peroxide 50 percent paste.
Sec. 107638. Distilled tall oils.
Sec. 107639. Pyridine, alkyl derivatives.
Sec. 107640. Polyisocyanate crosslinking agents.
Sec. 107641. Bonding agent mixtures.
Sec. 107642. Liquid, chemically modified amine complex of boron trifluoride.
Sec. 107643. Phthalocyanine derivative.
Sec. 107644. Mixtures of Cocamidopropyl betaine, glycol distearate, Laureth-4, and water.
Sec. 107645. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 107646. Tallow-bis(2-hydroxyethyl) amines.
Sec. 107647. Additive mixtures for metalworking fluids.
Sec. 107648. Naphthenic acids.
Sec. 107649. Hydroxytyrosol powders.
Sec. 107650. Secondary alcohol ethoxylates.
Sec. 107651. Ethylene glycol dimerate.
Sec. 107652. Two-part liquid silicone kits.
Sec. 107653. Hydrophobic precipitated silica.
Sec. 107654. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 107655. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products.
Sec. 107656. Waterborne epoxy curing agents.
Sec. 107657. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 107658. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-ethyl dithiocarbonate.
Sec. 107659. Epoxy curing agents.
Sec. 107660. Aliphatic amine curing agents.
Sec. 107661. Non-halogenated flame retardants.
Sec. 107662. Ligaphob N 90.
Sec. 107663. Organomodified siloxane.
Sec. 107664. Methyl palmitate-stearate, hydrogenated.
Sec. 107665. Olfine E1010.
Sec. 107666. Certain non-halogenated flame retardants.
Sec. 107667. Flame retardants.
Sec. 107668. Preparations based on acetyl hexapeptide-8 and pentapeptide-18.
Sec. 107669. Lithium silicon oxide.
Sec. 107670. Branched olefin from propylene polymerization.
Sec. 107671. Polypropylene pellets.
Sec. 107672. Propylene-ethylene copolymer.
Sec. 107673. Ethylene-propylene copolymers.
Sec. 107674. Benzene alkylated with polypropylene.
Sec. 107675. Chlorinated polyolefin.
Sec. 107676. Adsorbent resin.
Sec. 107677. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 107678. Vinyl chloride ethylene copolymer with hydrophic properties.
Sec. 107679. Fluids with boiling points above 170 °C.
Sec. 107680. Formulations of functionalized perfluoropolyether.
Sec. 107681. Perfluoropolyether-urethane acrylate.
Sec. 107682. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 107683. Chemically modified PVDF.
Sec. 107684. Fluoropolymer, fluoroethylene-alkyl vinylether alternative copolymers.
Sec. 107685. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 107686. Food-grade vinyl acetate copolymer.
Sec. 107687. Vinyl chloride ethylene with enhanced properties.
Sec. 107688. Vinyl acetate ethylene copolymer with enhanced properties.
Sec. 107689. Food-grade polyvinyl acetate homopolymers.
Sec. 107690. Acrylic acid/vinylsulphonate random copolymers.
Sec. 107691. Poly(methyl methacrylate) microspheres.
Sec. 107692. Methyl methacrylate crosspolymer microspheres.
Sec. 107693. Styrene acrylate copolymer with enhanced properties.
Sec. 107694. Copolymer for dental use.
Sec. 107695. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent solution in water.
Sec. 107696. Polyacrylate 33.
Sec. 107697. AA/AMPS copolymer.
Sec. 107698. Flocculant dry polyacrylamides.
Sec. 107699. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 107700. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 107701. Dimethoxy(methyl)silylmethylcarbamate-terminated polyether.
Sec. 107702. Curing agent is used in two- or three-parts epoxy systems.
Sec. 107703. Polyethylene glycol 450.
Sec. 107704. Medicinal intermediate for investigational use.
Sec. 107705. Aqueous solutions of carboxylic acid-copolymer-salt in water.
Sec. 107706. Aqueous solutions of a modified polymer bearing hydrophilic and hydrophobic groups.
Sec. 107707. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 107708. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 107709. Short hollow PET fibers.
Sec. 107710. Polytetrahydrofuran.
Sec. 107711. Crystalline polyesters.
Sec. 107712. Liquid crystal polymers.
Sec. 107713. Branched polyesters.
Sec. 107714. High molecular weight co-polyester.
Sec. 107715. High molecular weight co-polyester.
Sec. 107716. Polyester-polyamide dispersants.
Sec. 107717. Nylon-12 micro-spheres.
Sec. 107718. Short nylon-66 fibers.
Sec. 107719. Short nylon 6 fibers, colored.
Sec. 107720. Short triangular nylon 6 fibers.
Sec. 107721. Short star-shaped nylon 6 fibers.
Sec. 107722. Short heart-shaped nylon 6 fibers.
Sec. 107723. PA510 polymer compounds.
Sec. 107724. MXD6 polymer compounds.
Sec. 107725. PA10T polymer compounds.
Sec. 107726. PA10T/10I polymer compounds.
Sec. 107727. Polyurethane aqueous resins.
Sec. 107728. Aqueous resin.
Sec. 107729. Aliphatic polyisocyanate.
Sec. 107730. IPDI and HDI based aliphatic polyisocyanate.
Sec. 107731. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 107732. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 107733. Aromatic isocyanate prepolymer.
Sec. 107734. Blocked polyisocyanate containing solvent.
Sec. 107735. Polyisocyanate adduct for powder coatings.
Sec. 107736. Blocked polyisocyanate for use in can and coil applications.
Sec. 107737. Polydimethylsiloxane.
Sec. 107738. Silicone resins.
Sec. 107739. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 107740. Hydrogenpolysiloxane.
Sec. 107741. Methyl silicone resins.
Sec. 107742. Epoxy functional polydimethylsiloxane.
Sec. 107743. Polymethylhydrogensiloxane.
Sec. 107744. Vinyl terminated siloxanes.
Sec. 107745. Silicone hybrid resin (solvent free).
Sec. 107746. Hydrogenated polycyclopentadiene resin.
Sec. 107747. Water dispersable HDI based polyisocyanate.
Sec. 107748. Cyanate ester resins for high-end electronic, aerospace, and industrial applications.
Sec. 107749. Polyethyleneimine, component used in manufacturing medical devices.
Sec. 107750. Polyhexanide.
Sec. 107751. Ethylene-norbornene copolymer.
Sec. 107752. Cellulose powder.
Sec. 107753. Polymaltotriose.
Sec. 107754. Chitosan.
Sec. 107755. Plastic drinking straws.
Sec. 107756. Garden hoses.
Sec. 107757. Plastic fittings of perfluoroalkoxy.
Sec. 107758. Low density polyethylene (LDPE) sheeting.
Sec. 107759. Biaxially oriented dielectric polypropylene film.
Sec. 107760. Biaxially oriented polypropylene (BOPP) capacitor-grade film.
Sec. 107761. Polyester capacitor-grade film.
Sec. 107762. Acid form membranes.
Sec. 107763. Melamine resin foam.
Sec. 107764. Infant bathtubs and basins, of plastics.
Sec. 107765. Boxes, cases, crates, and similar articles of plastics.
Sec. 107766. Nozzles, black, of polypropylene.
Sec. 107767. Tip/cap combinations of polyethylene.
Sec. 107768. Bottles made of LDPE.
Sec. 107769. Plastic nasal irrigator caps for neti pots.
Sec. 107770. Toy character bottle toppers.
Sec. 107771. Melamine platters, other than those presented in sets.
Sec. 107772. Melamine plates, other than those presented in sets.
Sec. 107773. Melamine bowls not presented in sets.
Sec. 107774. Melamine trays not presented in sets.
Sec. 107775. Plastic measuring cups and spoons in sets.
Sec. 107776. Liquid measuring cups.
Sec. 107777. Self-anchoring beverage containers.
Sec. 107778. PVC infant bathtub mats.
Sec. 107779. Reversible playmats.
Sec. 107780. Hangers.
Sec. 107781. Infant bath rinsing cups.
Sec. 107782. Bathtub spout covers.
Sec. 107783. Infant teethers.
Sec. 107784. Lighted dog fetch toys.
Sec. 107785. Certain thermoplastic nylon 3-gang switch wallplates.
Sec. 107786. Manual plastic disposable cutlery dispensers.
Sec. 107787. Ear bulb syringes of clear silicone.
Sec. 107788. PVC inflatable pillows.
Sec. 107789. Self-inflatable queen air mattresses.
Sec. 107790. Plastic clip fasteners.
Sec. 107791. Self-venting spouts for diesel exhaust fluid.
Sec. 107792. Plastic pet carriers.
Sec. 107793. Plastic mixing tips.
Sec. 107794. Cable ties of plastics.
Sec. 107795. Flexible camera mountings.
Sec. 107796. Three-piece camera mount sets.
Sec. 107797. Magnetic swivel clips for cameras.
Sec. 107798. Helmet camera mounts.
Sec. 107799. Short extension poles for use with cameras.
Sec. 107800. Long extension poles for cameras.
Sec. 107801. Swivel mounts for cameras.
Sec. 107802. Tripod camera mounts.
Sec. 107803. Bulk hydraulic hoses.
Sec. 107804. Brake hydraulic hoses.
Sec. 107805. Bulk fabric/metal-reinforced rubber hoses.
Sec. 107806. Disposable gloves.
Sec. 107807. Reusable gloves.
Sec. 107808. Dog and cat apparel.
Sec. 107809. Polycarbonate vanity cases.
Sec. 107810. Aluminum vanity cases.
Sec. 107811. Suitcases with outer surface of aluminum with built-in zipper locks.
Sec. 107812. Laminated recycled reusable shopping tote bags.
Sec. 107813. Reusable shopping style tote bags.
Sec. 107814. Waterproof tote bags.
Sec. 107815. Waterproof duffle bags.
Sec. 107816. Waterproof zippered bags, without handles, of plastic sheeting.
Sec. 107817. Waterproof backpacks.
Sec. 107818. Waterproof waist packs.
Sec. 107819. Guitar cases.
Sec. 107820. Jewelry boxes.
Sec. 107821. Silicone rubber camera cases with straps.
Sec. 107822. Leather gloves with flip mitts for hunting.
Sec. 107823. Men's leather gloves valued at $18 or more per pair.
Sec. 107824. Belts of calf skin.
Sec. 107825. Bamboo engineered flooring: 12.5–12.9 mm thick.
Sec. 107826. Bamboo engineered flooring: 14.1–14.5 mm thick.
Sec. 107827. Bamboo engineered flooring: 15.7–16.1 mm thick.
Sec. 107828. Strand bamboo flooring: 12.5–12.9 mm thick.
Sec. 107829. Strand bamboo flooring: 14.1–14.5 mm thick.
Sec. 107830. Strand bamboo flooring: 10.9–11.3 mm thick.
Sec. 107831. Chopsticks made of bamboo.
Sec. 107832. Drying racks of wood.
Sec. 107833. Bamboo skewers.
Sec. 107834. Wood blinds with louvered slats.
Sec. 107835. 100 percent cotton woven crimped unbleached fabric.
Sec. 107836. Woven fabrics of cotton, containing 85 percent or more by weight of cotton, not more than 200 grams per square meter.
Sec. 107837. 100 percent cotton woven bleached fabric pieces, open weave.
Sec. 107838. Incontinence underpad fabrics of cotton.
Sec. 107839. Woven fabrics of cotton with an average yarn number between 55 and 60.
Sec. 107840. Woven fabric of cotton of yarn number 69 or higher.
Sec. 107841. Woven fabrics of cotton with an average yarn number exceeding 68.
Sec. 107842. Incontinence underpad fabrics, cotton, plain weave, of yarn number 42 or lower.
Sec. 107843. Incontinence underpad fabrics, cotton, plain weave, of yarn number between 43 and 68.
Sec. 107844. Incontinence underpad fabrics, bleached.
Sec. 107845. Incontinence underpad fabrics, printed.
Sec. 107846. Untwisted filament polyvinyl alcohol yarn, measuring 1,100 to 1,330 decitex.
Sec. 107847. Untwisted filament polyvinyl alcohol yarn.
Sec. 107848. Polypropylene (PP) monofilament.
Sec. 107849. Acrylic fiber tow with an average decitex of 0.9.
Sec. 107850. Black polyester bi-component fibers.
Sec. 107851. Acrylic staple fibers with an average decitex of 2.2, fiber length of 100 mm.
Sec. 107852. Modacrylic staple fibers not processed for spinning.
Sec. 107853. Short polypropylene fibers.
Sec. 107854. Polyoxadiazole fibers.
Sec. 107855. Artificial staple fibers of viscose rayon, 38–42 mm in length.
Sec. 107856. Artificial fibers of viscose rayon for the manufacture of feminine hygiene products.
Sec. 107857. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 107858. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 107859. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 107860. Other flame retardant rayon fibers.
Sec. 107861. Cellulosic man-made viscose rayon staple fibers, measuring 1.3–1.5 decitex.
Sec. 107862. Viscose rayon staple fibers, measuring 1.5–1.67 decitex, with a fiber length of 38–42 mm.
Sec. 107863. Cellulosic man-made viscose rayon staple fibers, measuring 1.67–2 decitex.
Sec. 107864. Viscose rayon staple fibers, measuring 1–2 decitex, with a fiber length of 4–8 mm.
Sec. 107865. Viscose staple fibers used in textile, medical, or hygiene applications.
Sec. 107866. Viscose rayon staple fibers, measuring 1.51–2 decitex, with a fiber length of 8–16 mm.
Sec. 107867. Viscose rayon staple fibers, measuring 1–1.5 decitex, with a fiber length of 8–16 mm.
Sec. 107868. Flame retardant viscose rayon staple fibers, with a decitex of 4.7 mm and a fiber length of 51–60 mm.
Sec. 107869. Viscose rayon staple fibers for nonwoven production.
Sec. 107870. Black viscose rayon staple fibers.
Sec. 107871. Acrylic or modacrylic staple fibers with a decitex of 3–5.6.
Sec. 107872. Made up hand-cast string-drawn fishing nets.
Sec. 107873. Knitted carpets containing 75 percent or more of cotton, with a rubber backing.
Sec. 107874. Knitted carpets containing 75 percent or more by weight of polyester, with a rubber backing.
Sec. 107875. Faux leather fabrics.
Sec. 107876. Grass catcher bags.
Sec. 107877. Oxygenation membrane capillary material.
Sec. 107878. Textile knitted fabrics composed of micromodal and elastane.
Sec. 107879. Textile technical knitted fabrics combining technical cotton and elastane.
Sec. 107880. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 107881. Women’s and girls' dresses, knitted or crocheted, of synthetic fibers infused with minerals.
Sec. 107882. Women’s and girls' skirts and divided skirts of synthetic fibers infused with minerals.
Sec. 107883. Women's and girls' knit cardigans or pullovers containing 70 percent or more of silk.
Sec. 107884. Men's and boys' knit cardigans or pullovers of linen.
Sec. 107885. Babies' knit sweaters, pullovers, sweatshirts, waistcoats (vests), and cardigans, of artificial fibers.
Sec. 107886. Women’s and girls' tops, knitted or crocheted, of man-made fibers infused with minerals.
Sec. 107887. Men’s and boy’s tops, knitted or crocheted, of man-made fibers infused with minerals.
Sec. 107888. Men's 3 mm wetsuits.
Sec. 107889. Men's 5.5 and 6.5 mm wetsuits.
Sec. 107890. Men's 3.5 mm wetsuits.
Sec. 107891. Men's 4.5 mm wetsuits.
Sec. 107892. Women's 3 mm wetsuits.
Sec. 107893. Women's 3.5 mm wetsuits.
Sec. 107894. Women's 4.5 mm wetsuits.
Sec. 107895. Women's 5.5 and 6.5 mm wetsuits.
Sec. 107896. Insulated handmuffs of knit polyester.
Sec. 107897. Men's stockingfoot wader bottom subassemblies, of compressed neoprene.
Sec. 107898. Men's stockingfoot wader bottom subassemblies, of non-compressed neoprene.
Sec. 107899. Fishing wader pocket pouch assemblies.
Sec. 107900. Martial arts uniforms.
Sec. 107901. Women's or girls' linen woven blouses, shirts and shirt-blouses, and sleeveless tank styles.
Sec. 107902. Women's or girls' linen woven washsuits, sunsuits, or one-piece playsuits.
Sec. 107903. Women's or girls' linen woven coveralls or jumpsuits.
Sec. 107904. Women's shawls and similar goods, 100 percent silk.
Sec. 107905. Winter cycling gloves.
Sec. 107906. Lock pocket tents.
Sec. 107907. Dark room tents.
Sec. 107908. Bi-component microfiber tube mop refills.
Sec. 107909. Microfiber duster refills.
Sec. 107910. RFID mop pads.
Sec. 107911. Microfiber cleaning cloths.
Sec. 107912. Microfiber mop pads.
Sec. 107913. Golf bag body flats.
Sec. 107914. Bathtub elbow rests.
Sec. 107915. Door swings.
Sec. 107916. Under bed restraints.
Sec. 107917. Bath kneeler.
Sec. 107918. Two-piece camera mount kits.
Sec. 107919. Sleeve covers.
Sec. 107920. Men’s cycling shoes valued over $18 per pair.
Sec. 107921. Women’s cycling shoes valued over $16 per pair.
Sec. 107922. Men's golf shoes with outers and uppers of rubber or plastics, valued over $20 per pair.
Sec. 107923. Golf shoes other than for men, with outers and uppers of rubber or plastics, valued over $20 per pair.
Sec. 107924. Winter cycling boots for men.
Sec. 107925. Winter cycling boots for women.
Sec. 107926. Children's footwear valued over $15 per pair.
Sec. 107927. Women's protective active footwear, valued over $25 per pair, 15.35–25.4 cm in height.
Sec. 107928. Cheer shoes covering the ankle.
Sec. 107929. Sideline cheer shoes.
Sec. 107930. Men's athletic footwear, valued under $9 per pair.
Sec. 107931. Athletic footwear for women, valued not over $9 per pair.
Sec. 107932. Athletic footwear for children, valued not over $8 per pair.
Sec. 107933. Men's golf shoes, with outer soles and uppers of rubber or plastics, not covering the ankle, valued $15 per pair or over.
Sec. 107934. Golf shoes other than for men, with outer soles and uppers of rubber or plastics, not covering the ankle, valued $15 per pair or over.
Sec. 107935. Men's rubber/plastic footwear, valued not over $5 per pair.
Sec. 107936. Women's rubber/plastic footwear, valued not over $6 per pair.
Sec. 107937. Cheer shoes with sole less than 12 mm.
Sec. 107938. Men's golf shoes with outers and uppers of rubber or plastics, valued over $19 per pair.
Sec. 107939. Golf shoes other than for men, outer soles and uppers of rubber or plastics, valued over $19 per pair.
Sec. 107940. Men's golf shoes, outer soles of rubber, plastics, leather or composition leather and uppers of leather (except pigskin uppers).
Sec. 107941. Women’s leather footwear, lined with pigskin with zipper, valued $47–$60 per pair.
Sec. 107942. Women's leather footwear, lined with pigskin, valued $31–$40 per pair.
Sec. 107943. Women's slip-on cow/calf hair footwear, valued $50–$60 per pair.
Sec. 107944. Women’s leather footwear lined with sheepskin.
Sec. 107945. Women’s leather slip-on footwear lined with sheep leather.
Sec. 107946. Women's leather slip-on footwear lined with pigskin.
Sec. 107947. Women's leather footwear, lined with pigskin, valued $21–$27 per pair.
Sec. 107948. Women's footwear with leather uppers, lined with pigskin, closed toe or heel with functional zippers on sides.
Sec. 107949. Women's footwear with leather uppers, lined with pigskin with adjustable laces.
Sec. 107950. Competitive cheer shoes with leather uppers.
Sec. 107951. Women's footwear with leather uppers, with strap and buckle, valued $27–$40 per pair.
Sec. 107952. Children's leather upper athletic footwear, valued not over $9 per pair.
Sec. 107953. Men's athletic type footwear with uppers of textile materials of vegetable fibers and outer soles of rubber or plastic with textile flocking.
Sec. 107954. Athletic footwear for men, with a bellows tongue, valued over $6.50 but not over $12 per pair.
Sec. 107955. Athletic footwear for women, with a bellows tongue, valued over $6.50 but not over $12 per pair.
Sec. 107956. Athletic footwear for children, bellows tongue, valued over $6.50 but not over $12 per pair.
Sec. 107957. Athletic footwear for men, valued over $6.50 but not over $9 per pair.
Sec. 107958. Athletic footwear for children, valued over $6.50 but not over $9 per pair.
Sec. 107959. Cheer shoes with uppers of textile materials.
Sec. 107960. Women's footwear with textile uppers and 50 percent or more of the surface area of which is leather.
Sec. 107961. Women's footwear with textile uppers, open toes or heels, valued $15–$30 per pair.
Sec. 107962. Men's textile upper footwear, with open toes or open heels, valued not over $12 per pair.
Sec. 107963. Women's textile upper footwear, with open toes or open heels, valued not over $12 per pair.
Sec. 107964. Children's textile upper footwear, with open toes or open heels, valued not over $12 per pair.
Sec. 107965. Oxford-style work footwear with steel safety toe and static dissipating protection.
Sec. 107966. Oxford footwear with textile uppers and composite toe, valued over $20 per pair.
Sec. 107967. Men's mid-cut footwear with a textile upper and a protective toe cap.
Sec. 107968. Women's footwear with leather soles and textile uppers, open toes or heels, valued $12–$24 per pair.
Sec. 107969. Footwear for women valued over $20 but not over $24 per pair.
Sec. 107970. Women's footwear with leather soles and textile uppers, valued $15–$20 per pair.
Sec. 107971. Women's footwear with leather soles and textile uppers, valued $20–$25 per pair.
Sec. 107972. Women's footwear with cork soles and textile uppers.
Sec. 107973. Men's footwear with felt soles, not covering the ankle, valued $20 per pair or higher.
Sec. 107974. Women's and girls' footwear with cork uppers, valued less than $25 per pair.
Sec. 107975. Women's footwear with cow/calf hair uppers, valued $35–$40 per pair, covering the ankle.
Sec. 107976. Women's footwear with cow/calf hair uppers, valued $35–$40 per pair, not covering the ankle.
Sec. 107977. Women's footwear with cow/calf hair uppers, valued $19–$25 per pair.
Sec. 107978. Women's footwear with cow/calf hair uppers, valued $50–$55 per pair.
Sec. 107979. Women's footwear, leather soles and rubber/plastic uppers, valued $16–$18 per pair.
Sec. 107980. Women's footwear with cow/calf hair uppers, valued $19–$34 per pair.
Sec. 107981. Footwear for women, valued over $50 but not over $60 per pair.
Sec. 107982. Calf hair upper footwear.
Sec. 107983. Gaiters of man-made fibers.
Sec. 107984. Hats of vegetable fibers.
Sec. 107985. Hairnets.
Sec. 107986. Cotton knit hats, valued $8 or less.
Sec. 107987. Babies' woven cotton hats.
Sec. 107988. Hats of man-made fiber, valued $5–$25.
Sec. 107989. Waterproof and insulated hats with ear flaps, valued over $15.
Sec. 107990. Fishing wading staffs.
Sec. 107991. Plastic plants for aquariums, not glued or bound.
Sec. 107992. Natural stone ledger tile of sandstone.
Sec. 107993. Marble mosaic and pebble tiles.
Sec. 107994. Natural stone limestone tiles.
Sec. 107995. Natural stone marble tiles.
Sec. 107996. Waterjet natural stone mosaic tile.
Sec. 107997. Marble entertaining and serveware.
Sec. 107998. Articles of marble for kitchen and dining room.
Sec. 107999. Natural stone ledger tiles of travertine.
Sec. 108000. Travertine decorative tile.
Sec. 108001. Limestone decorative tiles.
Sec. 108002. Blank, embossed, and printed stoneware coaster disks and trivets.
Sec. 108003. Rolled green glass sheets.
Sec. 108004. Framed rear-view mirrors.
Sec. 108005. Wall mirrors, unframed.
Sec. 108006. Wall mirrors, framed.
Sec. 108007. Stemware (crystalline) drinking glasses valued over $0.30 but not over $3 each, other than those presented in sets.
Sec. 108008. Double-walled insulated glass tumblers.
Sec. 108009. Diamond-shaped stemmed wine glasses.
Sec. 108010. Twisted-center stemless wine glass.
Sec. 108011. Crystalline drinking glasses, without stems, not in sets.
Sec. 108012. Double-walled insulated glass bowls.
Sec. 108013. Leaf-shaped glass decanters.
Sec. 108014. Set of four appetizer plates made of glass with steel caddy holder, valued at $2 each.
Sec. 108015. Spice rack with glass jars and wooden lids valued not over $3 each.
Sec. 108016. Glass lens blanks for infrared applications.
Sec. 108017. Hair accessories of glass beads, imitation pearls, and imitation stones, valued less than $7.
Sec. 108018. Filter bags with acid-resistant coating, of woven fiberglass laminated to ePTFE, weighing at least 325 g/m^2 but not over 350 g/m^2.
Sec. 108019. Fiberglass replacement wicks for outdoor garden torch.
Sec. 108020. Filter bags of woven fiberglass fabric laminated to an ePTFE, with a polytetrafluoroethylene coated backing, not acid resistant, weighing at least 721 g/m^2 but not over 771 g/m^2.
Sec. 108021. Silver catalyst.
Sec. 108022. Silver round blanks.
Sec. 108023. Ferroboron alloy.
Sec. 108024. Cast iron nonmalleable threaded main body combo castings for residential fuel oil tanks.
Sec. 108025. Cast iron nonmalleable threaded vent caps for residential fuel oil tanks.
Sec. 108026. Cast iron nonmalleable threaded bushings for residential fuel oil tanks.
Sec. 108027. Cast iron nonmalleable threaded tank adapters for residential fuel oil tanks.
Sec. 108028. Cast iron nonmalleable threaded fill alarm main body for residential fuel oil tanks.
Sec. 108029. Cast iron nonmalleable threaded fill box caps for residential fuel oil tanks.
Sec. 108030. Cast iron nonmalleable threaded leg flanges for residential fuel oil tanks.
Sec. 108031. Portable gas cooking stoves.
Sec. 108032. Portable outdoor cookers.
Sec. 108033. Self-anchored beverage containers.
Sec. 108034. Stainless steel handmade kitchen sinks.
Sec. 108035. Loose frame baskets.
Sec. 108036. Two-story fire escape ladders.
Sec. 108037. Three-story fire escape ladders.
Sec. 108038. Work support stands of steel.
Sec. 108039. Locking fixtures of iron or steel.
Sec. 108040. Stainless steel phone handle-and-stand accessories.
Sec. 108041. Circular and S-shaped stainless steel carabiners.
Sec. 108042. Pieces of refined unwrought copper cathode 99.9999 percent pure.
Sec. 108043. Ultra-thin and wide-width aluminum foil.
Sec. 108044. Etched capacitor aluminum foil of a thickness 0.018–0.126 mm.
Sec. 108045. Stove top coffee makers.
Sec. 108046. Aluminum shower caddies.
Sec. 108047. Step stools of aluminum.
Sec. 108048. Aluminum ladders.
Sec. 108049. Circular and S-shaped aluminum carabiners.
Sec. 108050. Stationary sprinklers of zinc.
Sec. 108051. Tungsten waste and scrap.
Sec. 108052. Cobalt alloys.
Sec. 108053. Certain gallium (Ga).
Sec. 108054. Niobium (columbium) rings no thicker than 20 mm.
Sec. 108055. Tungsten secondary raw material.
Sec. 108056. Gear-driven bolt cutters and pipe cutters.
Sec. 108057. Rotary cutters.
Sec. 108058. Food graters.
Sec. 108059. Hand tools for applying plastic clip fasteners to garments.
Sec. 108060. Steel workstations with vises adjustable by foot pedal.
Sec. 108061. Fixed carbide cutter and roller cone drill bits.
Sec. 108062. Rotary food graters.
Sec. 108063. Coffee presses.
Sec. 108064. Vacuum insulated coffee servers with a brew-through lid.
Sec. 108065. Vacuum insulated coffee servers with no lid.
Sec. 108066. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 108067. Commercial vacuum insulated coffee servers with sight gauge.
Sec. 108068. Commercial vacuum insulated coffee servers with plastic base.
Sec. 108069. Commercial vacuum insulated coffee servers with plastic base and stand.
Sec. 108070. Craft knives with fixed pen-like or retractable blades.
Sec. 108071. Craft knives.
Sec. 108072. Blades for craft knives with non-fixed blades.
Sec. 108073. Ergonomic pinking shears.
Sec. 108074. Spring-action scissors.
Sec. 108075. Electronic locks for lockers.
Sec. 108076. Luggage locks of base metal, packaged for retail sale.
Sec. 108077. Key-operated door handles, push-pull-rotate.
Sec. 108078. Vent mounted magnetic mobile phone holder for automobiles.
Sec. 108079. Dash mounted magnetic mobile phone holder for automobiles.
Sec. 108080. Windshield mounted magnetic mobile phone holder for automobiles.
Sec. 108081. Steel latches with plastic plungers.
Sec. 108082. Non-key-operated door handles.
Sec. 108083. Curtain rings.
Sec. 108084. Brackets.
Sec. 108085. Curtain rods.
Sec. 108086. Curtain rod hardware.
Sec. 108087. Curtain tiebacks.
Sec. 108088. Curtain rod finials.
Sec. 108089. Curved shower rods.
Sec. 108090. Shower hooks and rings.
Sec. 108091. Straight shower rods.
Sec. 108092. Steel window rods.
Sec. 108093. Antitheft steel cases with digital locks.
Sec. 108094. Stainless steel hose kits.
Sec. 108095. Stainless steel hoses.
Sec. 108096. Wrist watch strap buckles not over 18 mm.
Sec. 108097. Wrist watch strap buckles over 18 mm.
Sec. 108098. Used cylinder heads.
Sec. 108099. Cylinder heads used solely or principally with certain engines.
Sec. 108100. Engine blocks.
Sec. 108101. Swirler assemblies for turbines.
Sec. 108102. Barrels for fuel mixing.
Sec. 108103. Injector assemblies for certain turbines.
Sec. 108104. Stem assemblies for certain turbines.
Sec. 108105. Tip assemblies for non-gas turbines.
Sec. 108106. High pressure fuel pumps.
Sec. 108107. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 108108. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 108109. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 108110. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 108111. Turbomolecular vacuum pumps.
Sec. 108112. Rotary vane vacuum pumps valued over $500 each.
Sec. 108113. Vacuum diffusion pumps valued over $900 each.
Sec. 108114. Hand- or foot-operated air pumps.
Sec. 108115. Roof vent fans.
Sec. 108116. 12-Amp corded electric leaf blowers.
Sec. 108117. Cordless battery powered leaf blowers not exceeding 20 volts.
Sec. 108118. Cordless battery powered leaf blowers between 20 and 60 V.
Sec. 108119. Fan assemblies for cab climate systems.
Sec. 108120. Aquarium air pumps.
Sec. 108121. Heat pumps for residential use.
Sec. 108122. Heat pumps (outdoor units) for split air conditioner systems.
Sec. 108123. High-wall indoor units.
Sec. 108124. Single-zone outdoor units.
Sec. 108125. Mini heat pumps for split air conditioner systems.
Sec. 108126. Multi-zone outdoor unit ductless systems.
Sec. 108127. Indoor units of split air conditioner systems.
Sec. 108128. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 108129. Single-phase heat pump.
Sec. 108130. Steel vacuum pitchers with plastic hinged lid.
Sec. 108131. Oil filters.
Sec. 108132. Battery powered nasal irrigators.
Sec. 108133. Struts to absorb vibration.
Sec. 108134. Table saws (25.4 cm.), operable corded and cordless.
Sec. 108135. Sliding miter saws (25.4 cm) with laser, corded and cordless.
Sec. 108136. Electromechanical rotary hammers, corded and cordless.
Sec. 108137. Electromechanical hammer impact drivers, corded and cordless.
Sec. 108138. Rotary hammer drill tools with self-contained electric motor.
Sec. 108139. Drill driver tools with self-contained electric motor.
Sec. 108140. Extruders.
Sec. 108141. Three-dimensional drawing pens.
Sec. 108142. Professional grade three-dimensional drawing pens.
Sec. 108143. Electric multi-functional blower vacuums.
Sec. 108144. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 108145. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 108146. Hydraulic hammer assembly.
Sec. 108147. Segmented bladder-operated molds, with more than 25-inch rim diameter.
Sec. 108148. Used valves for directional control.
Sec. 108149. Keg spears with pressure release valves.
Sec. 108150. Multiport distribution controllers.
Sec. 108151. Subsea modular trees.
Sec. 108152. Flow selector unit-multi-port 6-branch engine crankshafts.
Sec. 108153. Engine crankshafts.
Sec. 108154. Turbocharger journal bearings.
Sec. 108155. Mid-range bearing housings.
Sec. 108156. Heavy duty bearing housings.
Sec. 108157. Fixed ration gear boxes.
Sec. 108158. Track drive gear boxes.
Sec. 108159. Swing bearing assembly.
Sec. 108160. Gears for use in machinery or within engines.
Sec. 108161. 14Y stepper motors.
Sec. 108162. Air door actuators.
Sec. 108163. Servo motors.
Sec. 108164. DC brushed rhombic winding NdFeb magnet motors, with output under 18.65 W.
Sec. 108165. DC brushed rhombic winding NdFeB magnet motors.
Sec. 108166. DC brushed rhombic winding AlNiCo magnet motors, with output under 18.65 W.
Sec. 108167. DC brushless rhombic winding NdFeB magnet motors, with output under 18.65 W.
Sec. 108168. DC brushed rhombic winding NdFeB magnet motors, with output over 18.65 but not over 37.5 W.
Sec. 108169. DC brushed rhombic winding AlNiCo magnet motors, with output over 18.65 W but not over 37.5 W.
Sec. 108170. DC brushless slotless rhombic winding NdFeB magnet motors output over 18.65 W but not over 37.5 W.
Sec. 108171. DC brushed rhombic winding NdFeB magnet motors output over 37.5 W but not over 74.6 W.
Sec. 108172. DC brushless slotless rhombic winding NdFeB magnet motors output over 37.5 W but not over 74.6 W.
Sec. 108173. Motors.
Sec. 108174. DC motors of an output exceeding 74.6 W but not exceeding 735 W.
Sec. 108175. DC motors, of an output exceeding 74.6 W but not exceeding 735 W.
Sec. 108176. DC brushed rhombic winding NdFeB magnet motors output over 74.6 W but not over 735 W.
Sec. 108177. DC brushless slotless rhombic winding NdFeB magnet motors output over 74.6 W but not over 735 W.
Sec. 108178. DC motors of an output exceeding 750 W but not exceeding 14.92 kW.
Sec. 108179. DC electric motor for non-aircraft gas turbines.
Sec. 108180. AC alternators.
Sec. 108181. AC alternators with copper windings.
Sec. 108182. Wound stators and rotor assemblies.
Sec. 108183. Rotors.
Sec. 108184. Stators for washing machines, with a 27-tooth design.
Sec. 108185. Stators for washing machines, with an 18-tooth design.
Sec. 108186. Rotors for washing machines, with a height of 60.8 mm.
Sec. 108187. Rotors for washing machines, with a height of 49 mm.
Sec. 108188. 6 V lead-acid storage batteries.
Sec. 108189. 12 V lead-acid storage batteries, used for the auxiliary source of power.
Sec. 108190. Lead-acid storage batteries, used for wheelchairs.
Sec. 108191. 12 V lead-acid storage batteries, rated at less than 15 ampere-hours.
Sec. 108192. 12 V lead-acid storage batteries, rated at 15 ampere-hours or more.
Sec. 108193. Cell box assemblies, weighing 15 kg or more but not over 18 kg.
Sec. 108194. Cell box assemblies, weighing 30 kg or more but not over 36 kg.
Sec. 108195. Cell box assemblies, weighing 36 kg or more but not over 49 kg.
Sec. 108196. Cell box assemblies NX.
Sec. 108197. Food processors with a capacity greater than 2.9 liters but not exceeding 3.1 liters.
Sec. 108198. Food processors with a capacity greater than 1.6 liters but not exceeding 2.2 liters.
Sec. 108199. Cordless hand blenders.
Sec. 108200. Cordless hand mixers.
Sec. 108201. Corded hand blenders.
Sec. 108202. Burr coffee grinders.
Sec. 108203. Electric food processors with bowl scraper.
Sec. 108204. Electric food processors with snap-locking lid.
Sec. 108205. Electric juice extractors.
Sec. 108206. Electric drink mixers.
Sec. 108207. Spiralizing food processors with a capacity equal to or greater than 2.36 liters but not exceeding 2.64 liters.
Sec. 108208. Spiralizing food processors with a capacity equal to or greater than 2.83 liters but not exceeding 3.07 liters.
Sec. 108209. Dicing food processors.
Sec. 108210. Compact food processor with smoothie function.
Sec. 108211. Juice extractors.
Sec. 108212. Integrated baby food making systems.
Sec. 108213. Electric juice mixers and grinders.
Sec. 108214. Ultrasonic humidifiers.
Sec. 108215. Automatic litterboxes, valued no more than $100.
Sec. 108216. Electric toothbrushes.
Sec. 108217. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 108218. 2-in-1 can opener.
Sec. 108219. Food spiralizing devices.
Sec. 108220. Ceramic bowls.
Sec. 108221. Food grinders for certain electromechanical stand food mixers.
Sec. 108222. Pasta press extruders for certain stand food mixers.
Sec. 108223. Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 4.2 liters but not exceeding 4.8 liters.
Sec. 108224. Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 2.8 liters but not exceeding 3.4 liters.
Sec. 108225. Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 5.6 liters but not exceeding 8.6 liters.
Sec. 108226. Pasta rollers and cutters for stand food mixers.
Sec. 108227. Glass bowls for certain electromechanical stand food mixers.
Sec. 108228. Body trimmers for detailed hair trimming.
Sec. 108229. Hair clipper sets.
Sec. 108230. Rechargeable trimmers for trimming human hair.
Sec. 108231. PCB assemblies for clippers and trimmers.
Sec. 108232. LED bicycle wheel spoke lights.
Sec. 108233. Bicycle rear lights.
Sec. 108234. Portable electric lamps.
Sec. 108235. Space heaters.
Sec. 108236. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 108237. Microwave ovens with capacity exceeding 22.5 liters but not exceeding 31 liters.
Sec. 108238. Low-profile microwave ovens with electronic opening mechanism and integral range hood.
Sec. 108239. Low-profile microwave ovens with push button opening mechanism and integral range hood.
Sec. 108240. Low-profile microwave ovens with electronic opening mechanism and without a range hood.
Sec. 108241. Searing grills.
Sec. 108242. Automatic drip coffee makers.
Sec. 108243. Espresso machines.
Sec. 108244. Coffee makers with dishwasher safe removable parts.
Sec. 108245. Single-service coffee makers with milk frothers.
Sec. 108246. Electric coffee makers with dual dispensers.
Sec. 108247. Electric coffee makers for brewing capsules.
Sec. 108248. Automatic or manual pour over coffee makers.
Sec. 108249. Removable reservoir coffeemakers.
Sec. 108250. Single serve coffee makers.
Sec. 108251. 2-way coffee makers with a 12-cup carafe and a pod brewer.
Sec. 108252. Rapid cold brew and hot coffee makers.
Sec. 108253. Electric kettles.
Sec. 108254. Electric toasters with even-toast feature.
Sec. 108255. Electric toasters with 6.5 inch slots.
Sec. 108256. Electric toasters with 37 mm wide slots, with an under-base cord wrap.
Sec. 108257. 2- and 4-slot toasters, not having a button to keep toaster contents warm after toasting.
Sec. 108258. 2-slot toasters, with a button to keep toaster content warm after toasting.
Sec. 108259. Electric toasters with double-slice slots.
Sec. 108260. Electric toasters with 37 mm wide slots, with a retractable cord.
Sec. 108261. Electric pressure cookers rated more than 800 W but not more than 1,000 W, with a capacity of not less than 5 liters.
Sec. 108262. Electric pressure cookers rated more than 1,200 W but not more than 1,400 W, with a capacity of less than 5 liters.
Sec. 108263. Electric pressure cookers rated more than 1,000 W but not more than 1,200 W, with a capacity of less than 5 liters.
Sec. 108264. Contoured heating pads.
Sec. 108265. Slow cookers with non-stick ceramic coated stoneware.
Sec. 108266. Heating pads.
Sec. 108267. Programmable slow cookers with digital display.
Sec. 108268. 8-Quart electric slow cookers.
Sec. 108269. Programmable slow cookers.
Sec. 108270. Electric slow cookers with locking lid.
Sec. 108271. Double flip waffle makers with removable grids.
Sec. 108272. Ice cream waffle cone and bowl makers.
Sec. 108273. Electric breakfast sandwich makers.
Sec. 108274. Pressure cookers.
Sec. 108275. 10-quart programmable slow cookers.
Sec. 108276. Polished stainless steel 1.5-quart tea kettles.
Sec. 108277. Egg bite makers.
Sec. 108278. Vacuum steel insulated coffee carafes, of a kind used with deep ultraviolet lithography machines.
Sec. 108279. Vacuum steel insulated carafes for household coffee machines, of a kind used with deep ultraviolet lithography machines.
Sec. 108280. Vacuum steel bodies with inner and outer steel layers.
Sec. 108281. Lamp-holder housings of plastic.
Sec. 108282. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 108283. Combination duplex receptacle/outlet and USB charger, 15–20 amp, 125 V.
Sec. 108284. Range and dryer receptacles.
Sec. 108285. Residential grade receptacles.
Sec. 108286. Residential and commercial USB receptacles.
Sec. 108287. Power strips.
Sec. 108288. Surge protectors.
Sec. 108289. Programmable controllers for architectural lighting.
Sec. 108290. Electronic modular control panels for generators.
Sec. 108291. Power distribution modules and programmable controllers.
Sec. 108292. Glass capacitive touchscreen assemblies with LCD.
Sec. 108293. Lamps containing deuterium gas without radio-frequency identification (RFID).
Sec. 108294. Lamps containing deuterium gas with radio-frequency identification (RFID).
Sec. 108295. Fiber channel coaxial cables of silver-plated copper conductors and expanded ePTFE dielectrics.
Sec. 108296. Insulated coaxial cables, of a kind used with deep ultraviolet lithography machines.
Sec. 108297. Coaxial cables insulated with ePTFE, vapor sealed, of a kind used with deep ultraviolet lithography machines.
Sec. 108298. Coaxial cables insulated with ePTFE, non-vapor sealed, of a kind used with deep ultraviolet lithography machines.
Sec. 108299. Low speed automotive ethernet USB harnesses.
Sec. 108300. High speed autolink cable USB harnesses.
Sec. 108301. Insulated electric conductors, of a kind used with extreme ultraviolet lithography machines.
Sec. 108302. Insulated electric conductors, of a kind used with deep ultraviolet lithography machines.
Sec. 108303. Insulated electric conductors, of a kind used with optical instruments.
Sec. 108304. Rings, blocks, and other insulating fittings of quartz.
Sec. 108305. Front tire splash guards for vehicles.
Sec. 108306. Rear tire splash guards for vehicles.
Sec. 108307. Automatic gear boxes.
Sec. 108308. Suspension systems (struts) for off-highway trucks.
Sec. 108309. Suspension system stabilizer bars.
Sec. 108310. Tie rod assemblies.
Sec. 108311. Used axle housings.
Sec. 108312. Used parts for power trains.
Sec. 108313. Front windshield covers.
Sec. 108314. Expansion chambers.
Sec. 108315. Bicycle racks for car roofs.
Sec. 108316. High pressure fuel injector rails.
Sec. 108317. Stand-up bicycles, having both wheels exceeding 63.5 cm in diameter.
Sec. 108318. Elliptical cycles, with wheels not exceeding 63.5 cm in diameter.
Sec. 108319. Bicycle frames, other than of steel, valued $600 or less.
Sec. 108320. Internal gear bicycle hubs, other than two or three speeds.
Sec. 108321. Bicycle pedals other than clipless pedals.
Sec. 108322. Clipless bicycle pedals and parts thereof.
Sec. 108323. Carbon fiber bicycle seatposts.
Sec. 108324. Bicycle handlebar tape, other than silicon or leather tape.
Sec. 108325. Trailer cycles.
Sec. 108326. Dropper seatposts.
Sec. 108327. Bicycle fenders.
Sec. 108328. Bicycle handlebars.
Sec. 108329. Multi-functional steel carts.
Sec. 108330. Non-mechanically propelled industrial hand truck.
Sec. 108331. Moving dollies.
Sec. 108332. Paragliders, paraglider wings and paraglider harnesses.
Sec. 108333. Sailing catamarans and power catamarans.
Sec. 108334. Projection lenses.
Sec. 108335. Mounted optical lenses.
Sec. 108336. Objective lenses for broadcast cameras.
Sec. 108337. Objective lenses for cinema cameras.
Sec. 108338. Magnifying spectacles.
Sec. 108339. LCD television panel assemblies, with a video display measuring over 175.26 cm.
Sec. 108340. LCD television panel assemblies, with a video display measuring over 149.86 cm but not over 175.26 cm.
Sec. 108341. LCD television panel assemblies, with a video display measuring over 139.7 cm but not over 149.86 cm.
Sec. 108342. LCD television panel assemblies, with a video display measuring over 137.16 cm but not over 139.7 cm.
Sec. 108343. Housings designed for infrared lenses.
Sec. 108344. Electronic temperature indicators, weighing 14.2 g.
Sec. 108345. Electronic temperature indicators, weighing 64.4 g.
Sec. 108346. Electronic temperature indicators, weighing 430 g.
Sec. 108347. Global cargo trackers, weighing 660 g.
Sec. 108348. Temperature data monitors, weighing 115 g.
Sec. 108349. Temperature data monitors, weighing 138.9 g.
Sec. 108350. Temperature data monitors, weighing 133.2 g.
Sec. 108351. Parts and accessories of bicycle speedometers.
Sec. 108352. Wired remote controllers.
Sec. 108353. Analog/digital wrist watches.
Sec. 108354. Mechanical wrist watches.
Sec. 108355. Mechanical wrist watches with leather or other band.
Sec. 108356. Analog pocket watches.
Sec. 108357. Projection alarm clocks, non-atomic.
Sec. 108358. Projection atomic alarm clocks.
Sec. 108359. Analog wall clocks without thermometer, hygrometer, or barometer gauges.
Sec. 108360. Analog clocks with thermometer and hygrometer.
Sec. 108361. Atomic analog wall clocks.
Sec. 108362. Atomic digital clocks.
Sec. 108363. Analog kitchen timers.
Sec. 108364. Wrist watch movements having over one jewel and less than 7 jewels.
Sec. 108365. Watch movements having over 7 jewels and under 17 jewels.
Sec. 108366. Watch cases or “bodies” over 41 mm in diameter.
Sec. 108367. Watch cases or “bodies” not over 41 mm in diameter.
Sec. 108368. Watch case bezels, backs, and centers.
Sec. 108369. Watch case parts.
Sec. 108370. Stainless steel watch bracelets.
Sec. 108371. Watch dials.
Sec. 108372. Watch crowns.
Sec. 108373. Watch hands.
Sec. 108374. Acoustic guitars.
Sec. 108375. Console digital pianos.
Sec. 108376. Grand digital pianos.
Sec. 108377. Electronic 61-key keyboards.
Sec. 108378. Electric guitars and acoustic/electric guitars.
Sec. 108379. Memory foam travel pillows.
Sec. 108380. Lighting for wall installation.
Sec. 108381. Decorative bathroom fan assemblies (lighting fixtures) assemblies.
Sec. 108382. Metal household floor lamps.
Sec. 108383. Solar powered pathway lights, each measuring between 36.8 cm and 42 cm in height.
Sec. 108384. Solar powered pathway lights, each measuring between 45 cm and 48 cm in height.
Sec. 108385. Exterior exit viewing lights, dual beam.
Sec. 108386. LED flameless candles.
Sec. 108387. Aquarium LED light strands.
Sec. 108388. LED light modules for bathroom fans/lights.
Sec. 108389. Aquarium LED light sticks.
Sec. 108390. Aquarium LED light strips.
Sec. 108391. Decorative votive candle holders.
Sec. 108392. Candle jar shades.
Sec. 108393. Non-electrical lighting.
Sec. 108394. Outdoor garden or patio torches of bamboo construction.
Sec. 108395. Outdoor garden or patio torches of non-bamboo construction.
Sec. 108396. Indoor oil lamps with base of glass or metal.
Sec. 108397. Outdoor garden torches for tabletop use.
Sec. 108398. Glass lens arrays for spotlights.
Sec. 108399. Lamp shades.
Sec. 108400. Galvanized steel LED downlight housing frames.
Sec. 108401. Aluminum cylinders for LED lighting fixtures.
Sec. 108402. Galvanized steel brackets and plates for LED lighting fixtures.
Sec. 108403. Aluminum LED downlight reflectors.
Sec. 108404. Outdoor garden torch replacement canisters.
Sec. 108405. Iris subassemblies for moving lights.
Sec. 108406. Zoom modules for automated moving lights.
Sec. 108407. Golf club heads for fairway woods.
Sec. 108408. Golf club shafts for putters.
Sec. 108409. Steel golf club shafts, other than for putters.
Sec. 108410. Golf club shaft assemblies.
Sec. 108411. Graphite driver golf club shafts, extra stiff flex.
Sec. 108412. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 108413. Graphite irons golf club shafts, extra stiff flex.
Sec. 108414. Graphite driver golf club shafts, regular, senior, adult, or ladies flex.
Sec. 108415. Graphite golf club driver shafts, stiff flex.
Sec. 108416. Graphite hybrid golf club shafts, regular, senior, adult, or ladies flex.
Sec. 108417. Graphite hybrid golf club shafts, stiff flex.
Sec. 108418. Graphite irons golf club shafts, regular, senior, adult, or ladies flex.
Sec. 108419. Graphite irons golf club shafts, stiff flex.
Sec. 108420. Pickleball paddles.
Sec. 108421. Pickleballs.
Sec. 108422. Exercise cycles.
Sec. 108423. Stationary trainers.
Sec. 108424. Multimodality fitness equipment, without integrated contact grip heart rate monitor.
Sec. 108425. Multimodality fitness equipment with integrated power sensor to measure the user's upper body power input.
Sec. 108426. Parts and accessories for treadmills.
Sec. 108427. Parts and accessories for ellipticals.
Sec. 108428. Parts and accessories for stationary exercise cycles.
Sec. 108429. Parts and accessories for weight training equipment.
Sec. 108430. Parts and accessories for certain exercise equipment machines.
Sec. 108431. Lateral elliptical machines.
Sec. 108432. Adjustable-weight kettlebells.
Sec. 108433. Adjustable-weight barbell.
Sec. 108434. Exercise cycles with dual-position handgrips.
Sec. 108435. Exercise cycles with single handgrips.
Sec. 108436. Upright exercise cycles.
Sec. 108437. Recumbent exercise cycles with touchscreen consoles.
Sec. 108438. Leaning exercise cycles.
Sec. 108439. Rod gyms, with vertical bench.
Sec. 108440. Rod and resistance gyms, with flat benches.
Sec. 108441. Foldable treadmills, with LCD consoles with control keypads.
Sec. 108442. Foldable treadmills, with touchscreen consoles measuring 44.5 cm or less.
Sec. 108443. Indoor cycling machines with wireless data touchscreen displays.
Sec. 108444. Indoor cycling machines with LCD consoles and two water bottle holders.
Sec. 108445. Indoor cycling machines with LCD consoles and single water bottle holder.
Sec. 108446. Recumbent elliptical machines.
Sec. 108447. Fitness equipment combining the functions of an elliptical and a stair stepper, weight over 90 kgs.
Sec. 108448. Foldable treadmills with touchscreen console greater than 44.4 cm.
Sec. 108449. Interactive indoor cycling exercise cycles.
Sec. 108450. Multimodality fitness equipment, with integrated contact grip heart rate monitors.
Sec. 108451. Fishing reels valued not over $2.70 each, pre-spooled, with rod and fishing line.
Sec. 108452. Fishing reels valued not over $2.70 each.
Sec. 108453. Hard artificial crankbaits.
Sec. 108454. Collapsible big game decoys.
Sec. 108455. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 108456. Vacuum insulated drinkware having a capacity exceeding 1 liter but not exceeding 2 liters.
Sec. 108457. Vacuum insulated drinkware having a capacity exceeding 2 liters but not exceeding 4 liters.
Sec. 108458. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 108459. Vacuum glass lined steel coffee servers over 2 liters with lever dispensing.
Subtitle B—Existing duty suspensions and reductions
Sec. 108460. Extension of certain existing duty suspensions and reductions and other modifications.
Subtitle C—Effective date and technical corrections authority
Sec. 108461. Effective date.
Sec. 108462. Authority to make technical and conforming changes.
Division L—Committee on Transportation and Infrastructure
Sec. 110001. Recompete pilot program.
Sec. 110002. Centers of excellence for domestic maritime workforce training and education.
Sec. 110003. Freight Rail Innovation Institute.
Sec. 110004. Economic adjustment assistance for energy and industrial transition communities.
Division M—Sense of Congress regarding negative perception of persons of Asian ancestry and Federal law enforcement
Sec. 120001. Sense of Congress regarding negative perception of persons of Asian ancestry and Federal law enforcement.
Division N—Prohibiting Use of Funds for Publicity or Propaganda
Sec. 130001. Prohibiting Use of Funds for Publicity or Propaganda.
Division O—National Security Restrictions on Use of Certain Funds
Sec. 140001. Prohibition on use of funds to obtain communications equipment or services posing national security risk.
Division P—Agriculture Foreign Investment Disclosure Reform
Sec. 150001. Short title.
Sec. 150002. Annual reports.
Sec. 150003. Reports to Congress.
Sec. 150004. Civil penalty for failure to report or misreporting.
Division Q—EMERGING TECHNOLOGY LEADS
Sec. 160001. Emerging technology leads.
Division R—Committee on Small Business
Sec. 170001. Child care resource guide.
Division S—Ocean Shipping Reform
Sec. 180001. Purposes.
Sec. 180002. Service contracts.
Sec. 180003. Shipping exchange registry.
Sec. 180004. Data collection.
Sec. 180005. National shipper advisory committee.
Sec. 180006. Annual report and public disclosures.
Sec. 180007. General prohibitions.
Sec. 180008. Prohibition on unreasonably declining cargo.
Sec. 180009. Detention and demurrage.
Sec. 180010. Assessment of penalties.
Sec. 180011. Investigations.
Sec. 180012. Injunctive relief.
Sec. 180013. Technical amendments.
Sec. 180014. Authorization of appropriations.
Sec. 180015. NAS study on supply chain industry.
Sec. 180016. Temporary emergency authority.
3.

Prohibiting discrimination against people of Asian descent
The President shall ensure that the provisions of this Act which are aimed at countering the influence of the Chinese Communist Party are implemented in a manner that does not result in discrimination against people of Asian descent on the basis of race, color, ethnicity, or nationality.
A

Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund
10001.

Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund
(a)

CHIPS for America Fund
(1)

Establishment
There is established in the Treasury of the United States a fund to be known as the “Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund” (referred to in this subsection as the “Fund”) for the Secretary of Commerce to carry out sections 9902 and 9906 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283). Amounts in the Fund to carry out section 9906 of Public Law 116–283 shall be transferred to and merged with accounts within the Department of Commerce to be used for such purposes.
(2)

Appropriation
(A)
In addition to amounts otherwise available for such purposes, there is appropriated to the Fund established in subsection (a)(1), out of amounts in the Treasury not otherwise appropriated—
(i)
for fiscal year 2022, $24,000,000,000, to remain available until expended, of which $19,000,000,000 shall be for section 9902 of Public Law 116–283, $2,000,000,000 shall be for subsection (c) of section 9906 of Public Law 116–283, $2,500,000,000 shall be for subsection (d) of section 9906 of Public Law 116–283, and $500,000,000 shall be for subsections (e) and (f) of section 9906 of Public Law 116–283;
(ii)
for fiscal year 2023, $7,000,000,000 to remain available until expended, of which $5,000,000,000 shall be for section 9902 of Public Law 116–283 and $2,000,000,000 shall be for subsections (c), (d), (e), and (f) of section 9906 of Public Law 116–283;
(iii)
for fiscal year 2024, $6,300,000,000, to remain available until expended, of which $5,000,000,000 shall be for section 9902 of Public Law 116–283 and $1,300,000,000 shall be for subsections (c), (d), (e), and (f) of section 9906 of Public Law 116–283;
(iv)
for fiscal year 2025, $6,100,000,000, to remain available until expended, of which $5,000,000,000 shall be for section 9902 of Public Law 116–283 and $1,100,000,000 shall be for subsections (c), (d), (e), and (f) of section 9906 of Public Law 116–283; and
(v)
for fiscal year 2026, $6,800,000,000, to remain available until expended, of which $5,000,000,000 shall be for section 9902 of Public Law 116– 283 and $1,800,000,000 shall be for subsections (c), (d), (e), and (f) of section 9906 of Public Law 116–283.
(B)
The Secretary of Commerce may use—
(i)
up to $6,000,000,000 of the amounts made available for fiscal year 2022 for section 9902 of Public Law 116–283 for the cost of direct loans and loan guarantees, as authorized by section 9902 of Public Law 116–283, provided that—
(I)
such costs, including the cost of modifying such loans and loan guarantees shall be as defined in section 502 of the Congressional Budget Act of 1974; and
(II)
these funds are available to subsidize gross obligations for the principal amount of direct loans and total loan principal, any part of which is to be guaranteed, not to exceed $75,000,000,000; and
(ii)
up to 2 percent of the amounts made available in each fiscal year for salaries and expenses, administration, and oversight purposes to carry out sections 9902, 9904 and 9906 of Public Law 116–283, of which $5,000,000 in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Commerce to oversee expenditures from the Fund. The requirement to transfer and merge funds for carrying out section 9906 of Public Law 116–283 shall not apply to amounts used pursuant to this provision.
(3)

Assistance for mature technology nodes
(A)
Of the amount available in fiscal year 2022 to implement section 9902 of Public Law 116–283, $2,000,000,000 shall be to provide Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes.
(B)
In addition to the procedures, eligibility, and considerations for review specified in subsection 9902(a)(2) of Public Law 116–283, in order for an entity to qualify to receive Federal financial assistance under this paragraph, the covered entity shall—
(i)
(I)
provide equipment or materials for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes in the United States; or
(II)
fabricate, assemble using advanced packaging, or test semiconductors at mature technology nodes in the United States; and
(ii)
commit to using any Federal financial assistance received under this section to increase the production of semiconductors at mature technology nodes.
(C)
ln addition to the considerations described in subsection 9902(a)(2)(C) of Public Law 116–283, in granting Federal financial assistance under this paragraph, the Secretary may consider whether a covered entity produces or supplies equipment or materials used in the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes that are necessary to support a critical manufacturing industry.
(D)
ln awarding Federal financial assistance to covered entities under this paragraph, the Secretary shall give priority to covered entities that support the resiliency of semiconductor supply chains for critical manufacturing industries in the United States.
(E)
In this paragraph, the term critical manufacturing industry—
(i)
means an industry that is assigned a North American Industry Classification System code beginning with 31, 32, or 33, and for which the industry components that are assigned a North American Industry Classification System code beginning with the same 4 digits as the industry—
(I)
manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and
(II)
employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of manufacturing employment in the United States; and
(ii)
may include any other manufacturing industry designated by the Secretary based on the relevance of the manufacturing industry to the national and economic security of the United States, including the impacts of job losses.
(F)
In this paragraph, the term mature technology node has the meaning given the term by the Secretary of Commerce.
(4)

Allocation authority
(A)

Submission of cost estimates
The President shall submit to Congress detailed account, program, and project allocations of the full amount made available under subsection (a)(2)—
(i)
for fiscal years 2022 and 2023, not later than 90 days after the date of enactment of this Act; and
(ii)
for each subsequent fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code.
(B)

Alternate allocation
(i)

In general
The Committees on Appropriations of the House of Representatives and the Senate may provide for alternate allocation of amounts made available under subsection (a)(2), including by account, program, and project.
(ii)

Allocation by President
(I)

No alternate allocations
If Congress has not enacted legislation establishing alternate allocations, including by account, program, and project, by the date on which the Act making full-year appropriations for the Department of Commerce, Justice, Science, and Related Agencies for the applicable fiscal year is enacted into law, only then shall amounts made available under subsection (a)(2) be allocated by the President or apportioned or allotted by account, program, and project pursuant to title 31, United States Code.
(II)

Insufficient alternate allocation
If Congress enacts legislation establishing alternate allocations, including by account, program, and project, for amounts made available under subsection (a)(2) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President and apportioned and allotted by account, program, and project pursuant to title 31, United States Code.
(b)

Chips for America defense fund
(1)

Establishment
There is established in the Treasury of the United States a fund to be known as the “Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund” (referred to in this subsection as the “Fund”) to provide for research, development, test and evaluation, workforce development, and other requirements that are unique to the Department of Defense and the intelligence community, including those requirements that are necessary to carry out section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283). Amounts in the Fund shall be transferred to and merged with accounts within the Department of Defense to be used for such purposes. Amounts in the Fund or transferred to and merged with accounts within the Department of Defense may not be used for construction of facilities.
(2)

Appropriation
In addition to amounts otherwise available for such purposes, there is appropriated to the Fund established in subsection (b)(1), out of amounts in the Treasury not otherwise appropriated—
(A)
for fiscal year 2022, $400,000,000, to remain available until September 30, 2022;
(B)
for fiscal year 2023, $400,000,000, to remain available until September 30, 2023;
(C)
for fiscal year 2024, $400,000,000, to remain available until September 30, 2024;
(D)
for fiscal year 2025, $400,000,000, to remain available until September 30, 2025; and
(E)
for fiscal year 2026, $400,000,000, to remain available until September 30, 2026.
(3)

Allocation authority
(A)

Submission of cost estimates
The President shall submit to Congress detailed account, program element, and project allocations of the full amount made available under subsection (b)(2)—
(i)
for fiscal years 2022 and 2023, not later than 90 days after the date of enactment of this Act; and
(ii)
for each subsequent fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code.
(B)

Alternate allocation
(i)

In general
The Committees on Appropriations of the House of Representatives and the Senate may provide for alternate allocation of amounts made available under subsection (b)(2), including by account, program element, and project.
(ii)

Allocation by President
(I)

No alternate allocations
If Congress has not enacted legislation establishing alternate allocations, including by account, program element, and project, by the date on which the Act making full-year appropriations for the Department of Defense for the applicable fiscal year is enacted into law, only then shall amounts made available under subsection (b)(2) be allocated by the President or apportioned or allotted by account, program element, and project pursuant to title 31, United States Code.
(II)

Insufficient alternate allocation
If Congress enacts legislation establishing alternate allocations, including by account, program element, and project, for amounts made available under subsection (b)(2) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President and apportioned and allotted by account, program element, and project pursuant to title 31, United States Code.
(c)

Chips for America international technology security and innovation fund
(1)

Establishment
There is established in the Treasury of the United States a fund to be known as the “Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund” (referred to in this subsection as the “Fund”) to provide for international information and communications technology security and semiconductor supply chain activities, including to support the development and adoption of secure and trusted telecommunications technologies, secure semiconductors, secure semiconductors supply chains, and other emerging technologies and to carry out sections 9905 and 9202(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), as appropriate. Amounts in the Fund shall be transferred by the Secretary of State to accounts within the Department of State, the United States Agency for International Development, the Export-Import Bank, and the United States International Development Finance Corporation, as appropriate, to be used for such purposes and under the terms and conditions of the account to which transferred.
(2)

Appropriation
(A)
In addition to amounts otherwise available for such purposes, there is appropriated to the Fund established in subsection (c)(1), out of amounts in the Treasury not otherwise appropriated—
(i)
for fiscal year 2022, $100,000,000, to remain available until September 30, 2026;
(ii)
for fiscal year 2023, $100,000,000, to remain available until September 30, 2027;
(iii)
for fiscal year 2024, $100,000,000, to remain available until September 30, 2028;
(iv)
for fiscal year 2025, $100,000,000, to remain available until September 30, 2029; and
(v)
for fiscal year 2026, $100,000,000, to remain available until September 30, 2030.
(B)
In carrying out this subsection, the Secretary of State may use up to $5,000,000 of the amounts made available in each fiscal year for the Fund for salaries and expenses, administration, and oversight purposes, of which $500,000 in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of State to oversee expenditures under the Fund.
(3)

Allocation authority
(A)

Submission of cost estimates
The President shall submit to Congress detailed account, program, project, and activity allocations of the full amount made available under subsection (c)(2)—
(i)
for fiscal years 2022 and 2023, not later than 90 days after the date of enactment of this Act; and
(ii)
for each subsequent fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code.
(B)

Alternate allocation
(i)

In general
The Committees on Appropriations of the House of Representatives and the Senate may provide for alternate allocation of amounts made available under subsection (c)(2), including by account, program, project, and activity.
(ii)

Allocation by President
(I)

No alternate allocations
If Congress has not enacted legislation establishing alternate allocations, including by account, program, project, and activity, by the date on which the Act making full-year appropriations for the Department of State, Foreign Operations, and Related Programs for the applicable fiscal year is enacted into law, only then shall amounts made available under subsection (c)(2) be allocated by the President or apportioned or allotted by account, program, project, and activity pursuant to title 31, United States Code.
(II)

Insufficient alternate allocation
If Congress enacts legislation establishing alternate allocations, including by account, program, project, and activity, for amounts made available under subsection (c)(2) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President and apportioned and allotted by account, program, project, and activity pursuant to title 31, United States Code.
(d)

Sequestration
Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after “Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).” the following:
“Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.”.
(e)

Statutory PAYGO scorecards
The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(f)

Limitation on using amounts for stock buybacks or the payment of dividends
(1)

In general
A person receiving amounts appropriated under this section or from a covered fund may not use such amounts—
(A)
to purchase an equity security that is listed on a national securities exchange of such person or any parent company of such person; or
(B)
to pay dividends or make other capital distributions with respect to the common stock (or equivalent interest) of the person.
(2)

Covered fund
In this subsection, the term “covered fund” means—
(A)
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund;
(B)
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund; and
(C)
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.
10002.

Semiconductor incentives
(a)

Definitions
Section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
in paragraph (2)—
(A)
by inserting “production,” before “or research and development”; and
(B)
by striking “of semiconductors.” and inserting “of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.”;
(2)
by redesignating paragraphs (4), (5), (6), (7), (8), and (9) as paragraphs (5), (6), (7), (8), (10), and (11), respectively;
(3)
by inserting after paragraph (3) the following:
“(4)
The term critical manufacturing industry—
(A)
means an industry—
(i)
that is assigned a North American Industry Classification System code beginning with 31, 32, or 33; and
(ii)
for which the industry components that are assigned a North American Industry Classification System code beginning with the same 4 digits as the industry—
(I)
manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and
(II)
employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of manufacturing employment in the United States; and
(B)
may include any other manufacturing industry designated by the Secretary based on the relevance of the manufacturing industry to the national and economic security of the United States, including the impacts of job losses.”; and
(4)
by inserting after paragraph (8), as so redesignated, the following:
“(9)
The term mature technology node has the meaning given the term by the Secretary.”.
(b)

Semiconductor program
Section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
in subsection (a)(1)—
(A)
by striking “for semiconductor fabrication” and inserting “for the fabrication”;
(B)
by inserting “production,” before “or research and development”; and
(C)
by striking the period at the end and inserting “of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.”; and
(2)
in subsection (a)(2)—
(A)
in subparagraph (B)(ii)—
(i)
in subclause (III), by striking “and” at the end;
(ii)
in subclause (IV), by striking the period at the end and inserting “and”; and
(iii)
by adding at the end the following:
“(V)
determined—
- (aa)
the type of semiconductor technology the covered entity will produce at the facility described in clause (i); and
- (bb)
the customers to which the covered entity plans to sell the semiconductor technology described in item (aa).”;
(B)
in subparagraph (C)—
(i)
in clause (i)—
(I)
in subclause (II), by striking “is in the interest of the United States” and inserting “is in the economic and national security interests of the United States”; and
(II)
in subclause (III), by striking “and” at the end;
(ii)
in clause (ii)(IV), by striking “and” at the end;
(iii)
by redesignating clause (iii) as clause (iv); and
(iv)
by inserting after clause (ii) the following:
“(iii)
the Secretary shall consider the type of semiconductor technology produced by the covered entity and whether that semiconductor technology advances the economic and national security interests of the United States; and”;
(C)
by redesignating subparagraph (D) as subparagraph (E) and by inserting at the end of such subparagraph the following: “Any applicant with more than 100 employees shall provide data to the Secretary on the racial diversity of their workforce.”; and
(D)
by inserting after subparagraph (C) the following:
“(D)

Priority
In awarding Federal financial assistance to covered entities under subsection (a), the Secretary shall give priority to ensuring that a covered entity receiving financial assistance will—
(i)
manufacture semiconductors necessary to address gaps and vulnerabilities in the domestic supply chain across a diverse range of technology and process nodes; and
(ii)
provide a secure supply of semiconductors necessary for the national security, manufacturing, critical infrastructure, and technology leadership of the United States and other essential elements of the economy of the United States.”;
(3)
in paragraph (4)(A), by striking “used for semiconductors” and inserting “used for the purposes”;
(4)
in subsection (c)(1)(B)—
(A)
in clause (i), by striking “; and” and inserting a semicolon; and
(B)
by adding at the end the following:
“(iii)
the Federal Government could take specific actions to address shortages in the semiconductor supply chain, including—
(I)
demand-side incentives, including incentives related to the information and communications technology supply chain; and
(II)
additional incentives, at national and global scales, to accelerate utilization of leading-edge semiconductor nodes to address shortages in mature semiconductor nodes; and”;
(5)
in subsection (c)(1)(C)(iii), by striking “including efforts to hire individuals from disadvantaged populations; and” and inserting
“including—
(I)
efforts to hire individuals from disadvantaged populations; and
(II)
the aggregated racial diversity of workforce data for applicants who received awards made under the program and separately for applicants who unsuccessfully applied for such an award; and”; and
(6)
by adding at the end the following:
“(d)

Sense of Congress
It is the sense of Congress that, in carrying out subsection (a), the Secretary should allocate funds in a manner that—
(1)
strengthens the security and resilience of the semiconductor supply chain, including by mitigating gaps and vulnerabilities;
(2)
provides a supply of secure semiconductors relevant for national security;
(3)
strengthens the leadership of the United States in semiconductor technology;
(4)
grows the economy of the United States and supports job creation in the United States;
(5)
in consultation with the Director of the Minority Business Development Agency, adequately addresses the inclusion of economically disadvantaged individuals and similarly-situated small businesses; and
(6)
improves the resiliency of the semiconductor supply chains of critical manufacturing industries.
(e)

Additional assistance for mature technology nodes
(1)

In general
The Secretary shall establish within the program established under subsection (a) an additional program that provides Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes.
(2)

Eligibility and requirements
In order for an entity to qualify to receive Federal financial assistance under this subsection, the covered entity shall—
(A)
submit an application under subsection (a)(2)(A);
(B)
meet the eligibility requirements under subsection (a)(2)(B);
(C)
(i)
provide equipment or materials for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes in the United States; or
(ii)
fabricate, assemble using advanced packaging, or test semiconductors at mature technology nodes in the United States;
(D)
commit to using any Federal financial assistance received under this section to increase the production of semiconductors at mature technology nodes; and
(E)
be subject to the considerations described in subsection (a)(2)(C).
(3)

Procedures
In granting Federal financial assistance to covered entities under this subsection, the Secretary may use the procedures established under subsection (a).
(4)

Considerations
In addition to the considerations described in subsection (a)(2)(C), in granting Federal financial assistance under this subsection, the Secretary may consider whether a covered entity produces or supplies equipment or materials used in the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes that are necessary to support a critical manufacturing industry.
(5)

Priority
In awarding Federal financial assistance to covered entities under this subsection, the Secretary shall give priority to covered entities that support the resiliency of semiconductor supply chains for critical manufacturing industries in the United States.
(6)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this subsection $2,000,000,000, which shall remain available until expended.
(f)

Construction projects
Section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance from the Secretary under this section.”.
(c)

Advanced microelectronics research and development
Section 9906 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
in subsection (a)(3)(A)(ii)(II), by inserting “, including for technologies based on organic and inorganic materials” before the semicolon at the end; and
(2)
by adding at the end the following:
“(h)

Infrastructure grants
Section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance from the Secretary under this section.”.
(d)

Loan guarantee authorities
Section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:
“(d)

Loans and loan guarantees
Subject to the requirements of subsection (a) of this section, the Secretary of Commerce is authorized to make or guarantee loans to covered entities as financial assistance under this section. Loans made or guaranteed under this section will be on such terms and conditions as the Secretary may prescribe.”.
(e)

Administrative changes
Section 9906 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
in subsection (c)(1) by adding at the end the following: “The Secretary may make financial assistance awards in support of the center.”;
(2)
in subsection (c)(2)(B) by inserting “and capitalize” before “an investment fund”;
(3)
in subsection (d) by—
(A)
striking “the Manufacturing USA institute” and inserting “a Manufacturing USA institute”; and
(B)
adding to the end the following: “The Director may make financial assistance awards in support of the Program.”; and
(4)
in subsection (f) by—
(A)
striking “a Manufacturing USA Institute” and inserting “one or more Manufacturing USA Institutes”;
(B)
striking “is focused on semiconductor manufacturing” and inserting “are focused on semiconductor manufacturing”;
(C)
inserting “The Secretary may also provide financial assistance to any Manufacturing USA institute for work related to semiconductor manufacturing.” after “focused on semiconductor manufacturing.”; and
(D)
striking “Such institute may emphasize” and inserting “Such institutes may emphasize”.
(f)

Additional authorities
The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:
“9909.

Additional authorities
In carrying out the responsibilities of the Department of Commerce under this Act, the Secretary of Commerce may—
(1)
enter into agreements, including contracts, grants and cooperative agreements, and other transactions as may be necessary and on such terms as the Secretary considers appropriate;
(2)
make advance payments under agreements and other transactions authorized by paragraph (1) without regard to section 3324 of title 31, United States Code;
(3)
include a clause that requires a person or other entity to make payments to the Department of Commerce as a condition for receiving support through an award of assistance or other transaction, and any funds received shall be credited to and merged with the account from which such support was made;
(4)
procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code;
(5)
notwithstanding section 3104 of title 5, United States Code, or the provisions of any other law relating to the appointment, number, classification, or compensation of employees, make appointments of scientific, engineering, and professional personnel, and fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code, except that the Secretary shall appoint not more than 25 personnel under this paragraph; and
(6)
with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency.”.
(g)

Conforming amendment
The analysis for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding after the item relating to section 9908 the following:
“9909. Additional authorities.”.
10003.

Office of Opportunity and Inclusion
(a)

Establishment
Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce shall establish an Office of Opportunity and Inclusion in the Department of Commerce, within the program established under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), that shall be responsible for carrying out this section using existing appropriated funds.
(b)

Director
(1)

In general
The Director shall be appointed by, and shall report to, the Secretary or the designee of the Secretary. The position of Director shall be a career reserved position in the Senior Executive Service, as that position is defined in section 3132 of title 5, United State Code, or an equivalent designation.
(2)

Duties
The Director shall assist the Secretary by developing standards for—
(A)
assessing the eligibility of a covered entity for financial assistance for a project as it relates to section 9902(a)(2)(B)(ii)(II) and (III) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
(B)
ensuring a covered entity has carried out the commitments of the covered entity to economically disadvantaged individuals as described in its application by the target dates for completion set by the Secretary in section 9902(a)(5)(A) of such Act; and
(C)
increased participation of and outreach to economically disadvantaged individuals, minority-owned businesses, veteran-owned businesses and women-owned businesses in the geographic area of a project under such section 9902 and serve as a resource for those individuals, businesses, and covered entity.
(c)

Staff
The Office of Opportunity and Inclusion shall be staffed at the appropriate levels to carry out the functions and responsibilities of the Office under this section at least until 12 months after 95 percent of funds have been expended.
(d)

Report
The Secretary shall submit to Congress and make publicly available on its website an annual report regarding the actions taken by the Department of Commerce and the Office under this section.
10004.

Additional GAO reporting requirement
Section 9902(c)(1)(C) of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
in clause (iii), by striking “; and” and inserting a semicolon; and
(2)
by inserting after clauve (iv) the following new clause:
“(v)
how projects are supporting the semiconductor needs of critical infrastructure industries in the United States, including those industries designated by the Cybersecurity and Infrastructure Security Agency as essential infrastructure industries; and”.
10005.

Comptroller General report
Not later than September 30, 2023, the Comptroller General of the United States shall submit to Congress a report on the number and amount of awards made pursuant to sections 9902 and 9202(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), disaggregated by recipients of each such award that are majority owned and controlled by minority individuals and majority owned and controlled by women.
10006.

Modification to certain GAO reports
(a)

Semiconductor incentives
Section 9902(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
in subparagraph (B)(ii), by striking “and” at the end;
(2)
by adding at the end the following new subparagraph:
“(D)
the number and amount of contracts and subcontracts awarded by a covered entity using funds made available under subsection (a) disaggregated by recipients of each such contract or subcontracts that are majority owned and controlled by minority individuals and majority owned and controlled by women; and”.
(b)

Department of Defense
Section 9202(a)(1)(G)(ii)(I) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by inserting “(including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women)” after “to whom”.
10007.

Expanding the semiconductor incentive program to include nonprofits
Section 9901(2) of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by inserting “a nonprofit entity” before “a private entity”.
B

Research and Innovation
I

Department of Energy Science for the Future
10101.

Mission of the Office of Science
Section 209 of the Department of Energy Organization Act (42 U.S.C. 7139) is amended by adding at the end the following:
“(d)

User facilities
The Director shall carry out the construction, operation, and maintenance of user facilities to support the mission described in subsection (c). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department, improving the competitiveness of the United States, protecting public health and safety, and addressing other national priorities including emergencies.
(e)

Coordination
(1)

In general
The Secretary—
(A)
shall ensure the coordination of the Office of Science with the other activities of the Department;
(B)
shall support joint activities among the programs of the Department;
(C)
shall coordinate with other relevant Federal agencies in supporting advancements in related research areas as appropriate; and
(D)
may form partnerships to enhance the utilization of and ensure access to user facilities by other Federal agencies.
(2)

Office of Science
The Director—
(A)
shall ensure the coordination of programs and activities carried out by the Office of Science; and
(B)
shall direct all programs which have not recently completed a future planning roadmap consistent with the funding of such programs authorized under the America COMPETES Act of 2022 to complete such a roadmap.” .
10102.

Basic energy sciences program
(a)

Department of Energy Research and Innovation Act
Section 303 of the Department of Energy Research and Innovation Act (42 U.S.C. 18641) is amended—
(1)
by redesignating subsections (a) through (e) as subsections (c) through (g), respectively; and
(2)
by inserting before subsection (c), as so redesignated, the following:
“(a)

Program
As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research and development program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, geosciences, and other disciplines, to understand, model, and control matter and energy at the electronic, atomic, and molecular levels in order to provide the foundations for new energy technologies, address scientific grand challenges, and support the energy, environment, and national security missions of the Department.
(b)

Sustainable chemistry
In carrying out chemistry-related research and development activities under this section, the Director shall prioritize research and development of sustainable chemistry to support clean, safe, and economic alternatives and methodologies to traditional chemical products and processes.”;
(3)
in subsection (d), as so redesignated—
(A)
in paragraph (3)—
(i)
subparagraph (C), by striking “and” at the end;
(ii)
by redesignating subparagraph (D) as subparagraph (E); and
(iii)
by inserting after subparagraph (C) the following:
“(D)
autonomous chemistry and materials synthesis and characterization facilities that leverage advances in artificial intelligence; and”; and
(B)
by adding at the end the following:
“(4)

Advanced photon source upgrade
(A)

Definitions
In this paragraph:
(i)

Flux
The term flux means the rate of flow of photons.
(ii)

Hard x-ray
The term hard x-ray means a photon with energy greater than 20 kiloelectron volts.
(B)

In general
The Secretary shall provide for the upgrade to the Advanced Photon Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled “Report on Facility Upgrades”, including the development of a multi-bend achromat lattice to produce a high flux of coherent x-rays within the hard x-ray energy region and a suite of beamlines optimized for this source.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before March 31, 2026.
(D)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph $101,000,000 for fiscal year 2022 and $56,000,000 for fiscal year 2023.
(5)

Spallation neutron source proton power upgrade
(A)

In general
The Secretary shall provide for the proton power upgrade to the Spallation Neutron Source.
(B)

Proton power upgrade defined
For the purposes of this paragraph, the term proton power upgrade means the Spallation Neutron Source power upgrade described in—
(i)
the publication titled “Facilities for the Future of Science: A Twenty-Year Outlook”, published by the Office of Science of the Department of Energy in December, 2003;
(ii)
the publication titled “Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook”, published by the Office of Science of the Department of Energy in August, 2007; and
(iii)
the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled “Report on Facility Upgrades”.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before July 30, 2028, with the option for early operation in 2025.
(D)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph $49,800,000 for fiscal year 2022.
(6)

Spallation neutron source second target station
(A)

In general
The Secretary shall provide for a second target station for the Spallation Neutron Source.
(B)

Second target station defined
For the purposes of this paragraph, the term second target station means the Spallation Neutron Source second target station described in—
(i)
the publication titled, “Facilities for the Future of Science: A Twenty-Year Outlook”, published by the Office of Science of the Department of Energy in December, 2003;
(ii)
the publication titled, “Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook”, published by the Office of Science of the Department of Energy in August, 2007; and
(iii)
the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled “Report on Facility Upgrades”.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the second target station under this paragraph occurs before December 31, 2033, with the option for early operation in 2029.
(D)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the activities under this paragraph, including construction—
(i)
$70,000,000 for fiscal year 2022;
(ii)
$127,000,000 for fiscal year 2023;
(iii)
$204,000,000 for fiscal year 2024;
(iv)
$279,000,000 for fiscal year 2025; and
(v)
$300,000,000 for fiscal year 2026.
(7)

Advanced light source upgrade
(A)

Definitions
In this paragraph:
(i)

Flux
The term flux means the rate of flow of photons.
(ii)

Soft x-ray
The term soft x-ray means a photon with energy in the range from 50 to 2,000 electron volts.
(B)

In general
The Secretary shall provide for the upgrade to the Advanced Light Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled “Report on Facility Upgrades”, including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the soft x-ray energy region.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before September 30, 2029.
(D)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph—
(i)
$75,100,000 for fiscal year 2022;
(ii)
$135,000,000 for fiscal year 2023;
(iii)
$102,500,000 for fiscal year 2024;
(iv)
$25,000,000 for fiscal year 2025; and
(v)
$25,000,000 for fiscal year 2026.
(8)

Linac coherent light source II high energy upgrade
(A)

Definitions
In this paragraph:
(i)

High energy x-ray
The term high energy x-ray means a photon with an energy in the 5 to 13 kiloelectron volt range.
(ii)

High repetition rate
The term high repetition rate means the delivery of x-ray pulses up to 1 million pulses per second.
(iii)

Ultra-short pulse x-rays
The term ultra-short pulse x-rays means x-ray bursts capable of durations of less than 100 femtoseconds.
(B)

In general
The Secretary shall—
(i)
provide for the upgrade to the Linac Coherent Light Source II facility described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled “Report on Facility Upgrades”, including the development of experimental capabilities for high energy x-rays to reveal fundamental scientific discoveries; and
(ii)
ensure such upgrade enables the production and use of high energy, ultra-short pulse x-rays delivered at a high repetition rate.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before December 31, 2026.
(D)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph—
(i)
$106,925,000 for fiscal year 2022;
(ii)
$125,925,000 for fiscal year 2023;
(iii)
$115,000,000 for fiscal year 2024;
(iv)
$89,000,000 for fiscal year 2025; and
(v)
$49,344,000 for fiscal year 2026.
(9)

Cryomodule repair and maintenance facility
(A)

In general
The Secretary shall provide for the construction of a cryomodule repair and maintenance facility to service the Linac Coherent Light Source II and upgrades to the facility. The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this facility has the capability to maintain, repair, and test superconducting radiofrequency accelerator components.
(B)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the activities under this paragraph—
(i)
$19,000,000 for fiscal year 2022;
(ii)
$25,000,000 for fiscal year 2023;
(iii)
$25,000,000 for fiscal year 2024; and
(iv)
$17,000,000 for fiscal year 2025.
(10)

Nanoscale science research center recapitalization project
(A)

In general
The Secretary shall provide for the recapitalization of the Nanoscale Science Research Centers, to include the upgrade of equipment at each Center supported by the Office of Science on the date of enactment of the America COMPETES Act of 2022, to accelerate advances in the various fields of science including nanoscience, materials, chemistry, biology, and quantum information science.
(B)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the recapitalization under this paragraph—
(i)
$20,000,000 for fiscal year 2022;
(ii)
$30,000,000 for fiscal year 2023;
(iii)
$20,000,000 for fiscal year 2024; and
(iv)
$20,000,000 for fiscal year 2025.”; and
(4)
by adding at the end the following:
“(h)

Computational materials and chemical sciences
(1)

In general
The Director shall support a program of research and development for the application of advanced computing practices to foundational and emerging research problems in chemistry and materials science. Research activities shall include—
(A)
chemical catalysis research and development;
(B)
the use of large data sets to model materials phenomena, including through advanced characterization of materials, materials synthesis, processing, and innovative use of experimental and theoretical data;
(C)
co-design of chemical system and chemistry modeling software with advanced computing systems and hardware technologies; and
(D)
modeling of chemical processes, assemblies, and reactions such as molecular dynamics and quantum chemistry, including through novel computing methods.
(2)

Computational materials and chemical sciences centers
(A)

In general
In carrying out the activities authorized under paragraph (1), the Director shall select and establish up to six computational materials and chemical sciences centers to—
(i)
develop open-source, robust, and validated computational codes and user-friendly software, coupled with innovative use of experimental and theoretical data, to enable the design, discovery, and development of new materials and chemical systems; and
(ii)
focus on overcoming challenges and maximizing the benefits of exascale and other high performance computing underpinned by accelerated node technologies.
(B)

Selection
The Director shall select centers under subparagraph (A) on a competitive, merit-reviewed basis. The Director shall consider applications from the National Laboratories, institutes of higher education, multi-institutional collaborations, and other appropriate entities.
(C)

Duration
(i)
A center selected under subparagraph (A) shall receive support for a period of not more than 5 years beginning on the date of establishment of that center, subject to the availability of appropriations.
(ii)
A center already in existence on the date of enactment of the America COMPETES Act of 2022 may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center.
(D)

Renewal
Upon the expiration of any period of support of a center under this subsection, the Director may renew support for the center, on a merit-reviewed basis, for a period of not more than 5 years.
(E)

Termination
Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period.
(i)

Materials research database
(1)

In general
The Director shall support the development of a web-based platform to develop and provide access to a database of computed information on known and predicted materials properties and computational tools to accelerate breakthroughs in materials discovery and design.
(2)

Program
In carrying out this subsection, the Director shall—
(A)
conduct cooperative research with industry, academia, and other research institutions to advance understanding, prediction, and manipulation of materials and facilitate the design of novel materials;
(B)
develop and maintain data infrastructure at user facilities that generate data to collect, analyze, label, and otherwise prepare the data for inclusion in the database;
(C)
leverage existing high performance computing systems to conduct high throughput calculations, and develop computational and data mining algorithms for the prediction of material properties;
(D)
strengthen the foundation for new technologies and advanced manufacturing; and
(E)
drive the development of advanced materials for applications that span the Department’s missions in energy, environment, and national security.
(3)

Coordination
In carrying out this subsection, the Director shall leverage programs and activities across the Department, including computational materials and chemical sciences centers established under subsection (h).
(4)

Funding
Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out activities under this subsection $10,000,000 for each of the fiscal years 2022 through 2026.
(j)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$2,727,705,000 for fiscal year 2022;
(2)
$2,828,896,600 for fiscal year 2023;
(3)
$3,019,489,612 for fiscal year 2024;
(4)
$3,161,698,885 for fiscal year 2025; and
(5)
$3,291,651,600 for fiscal year 2026.”.
(b)

Artificial photosynthesis
Section 973 of the Energy Policy Act of 2005 (42 U.S.C. 16313) is amended—
(1)
in subsection (b), by striking paragraph (4) and inserting:
“(4)

Funding
From within funds authorized to be appropriated for Basic Energy Sciences, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.”; and
(2)
in subsection (c), by striking paragraph (4) and inserting:
“(4)

Funding
From within funds authorized to be appropriated in section 316 of the Department of Energy Research and Innovation Act, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.”.
(c)

Electricity storage research initiative
Section 975 of the Energy Policy Act of 2005 (42 U.S.C. 16315) is amended—
(1)
in subsection (b), by striking paragraph (4) and inserting:
“(4)

Funding
From within funds authorized to be appropriated for Basic Energy Sciences, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.”;
(2)
in subsection (c), by striking paragraph (4) and inserting:
“(4)

Funding
From within funds authorized to be appropriated in section 316 of the Department of Energy Research and Innovation Act, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.”; and
(3)
in subsection (d), by striking paragraph (4) and inserting:
“(4)

Funding
From within funds authorized to be appropriated in section 316 of the Department of Energy Research and Innovation Act, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection $20,000,000 for each of fiscal years 2022 through 2026.”.
10103.

Biological and environmental research
(a)

Program; biological systems; biomolecular characterization and imaging science
Section 306 of the Department of Energy Research and Innovation Act (42 U.S.C. 18644) is amended—
(1)
by striking subsection (a) and inserting the following:
“(a)

Program
As part of the duties of the Director authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), and coordinated with the activities authorized under sections 303 and 304 of this Act, the Director shall carry out a program of research and development in the areas of biological systems science and climate and environmental science, including subsurface science, relevant to the development of new energy technologies and to support the energy, environmental, and national security missions of the Department.
(b)

Biological systems
The Director shall carry out research and development activities in genomic science including fundamental research on plants and microbes to increase systems-level understanding of the complex biological systems, which may include activities to—
(1)
accelerate breakthroughs and new knowledge that would enable the cost-effective, sustainable production of—
(A)
biomass-based liquid transportation fuels;
(B)
bioenergy; and
(C)
biobased materials from renewable biomass;
(2)
improve fundamental understanding of plant and microbial processes impacting the global carbon cycle, including processes for removing carbon dioxide from the atmosphere, through photosynthesis and other biological processes, for sequestration and storage;
(3)
understand the microbiome mechanisms used to transform, immobilize, or remove contaminants from subsurface environments;
(4)
develop the computational approaches and integrated platforms for open access collaborative science;
(5)
leverage tools and approaches across the Office of Science to expand research to include novel processes, methods, and science to develop bio-based chemicals, polymers, inorganic materials, including research to—
(A)
advance biosystems design research to advance the understanding of how CRISPR tools and other gene editing tools and technologies work in nature, in the laboratory, and in practice;
(B)
deepen genome-enabled knowledge of root architecture and growth in crops, including trees; and
(C)
develop biosystems design methods and tools to increase the efficiency of photosynthesis in plants; and
(6)
develop other relevant methods and processes as determined by the Director.
(c)

Biomolecular characterization and imaging science
The Director shall carry out research and development activities in biomolecular characterization and imaging science, including development of integrative imaging and analysis platforms and biosensors to understand the expression, structure, and function of genome information encoded within cells and for real-time measurements in ecosystems and field sites of relevance to the mission of the Department of Energy.”; and
(2)
by redesignating subsections (b) through (d) as subsections (d) through (f), respectively.
(b)

Bioenergy research centers
Section 977(f) of the Energy Policy Act of 2005 (42 U.S.C. 16317(f)) is amended to read as follows:
“(f)

Bioenergy research centers
(1)

In general
In carrying out the program under section 306(a) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(a)), the Director shall support up to six bioenergy research centers to conduct fundamental research in plant and microbial systems biology, biological imaging and analysis, and genomics, and to accelerate advanced research and development of biomass-based liquid transportation fuels, bioenergy, or biobased materials, chemicals, and products that are produced from a variety of regionally diverse feedstocks, and to facilitate the translation of research results to industry. The activities of the centers authorized under this subsection may include—
(A)
accelerating the domestication of bioenergy-relevant plants, microbes, and associated microbial communities to enable high-impact, value-added coproduct development at multiple points in the bioenergy supply chain;
(B)
developing the science and technological advances to ensure process sustainability is considered in the creation of biofuels and bioproducts from lignocellulose; and
(C)
using the latest tools in genomics, molecular biology, catalysis science, chemical engineering, systems biology, and computational and robotics technologies to sustainably produce and transform biomass into biofuels and bioproducts.
(2)

Selection and duration
(A)

In general
A center established under paragraph (1) shall be selected on a competitive, merit-reviewed basis for a period of not more than 5 years, subject to the availability of appropriations, beginning on the date of establishment of that center.
(B)

Applications
The Director shall consider applications from National Laboratories, multi-institutional collaborations, and other appropriate entities.
(C)

Existing centers
A center already in existence on the date of enactment of the America COMPETES Act of 2022 may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center.
(3)

Renewal
After the end of either period described in paragraph (2), the Director may renew support for the center for a period of not more than 5 years on a merit-reviewed basis. For a center in operation for 10 years after its previous selection on a competitive, merit-reviewed basis, the Director may renew support for the center on a competitive, merit-reviewed basis for a period of not more than 5 years, and may subsequently provide an additional renewal on a merit-reviewed basis for a period of not more than 5 years.
(4)

Termination
Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period.
(5)

Activities
Centers shall undertake research activities to accelerate the production of biofuels and bioproducts from advanced biomass resources by identifying the most suitable species of plants for use as energy crops; and improving methods of breeding, propagation, planting, producing, harvesting, storage and processing. Activities may include the following:
(A)
Research activities to increase sustainability, including—
(i)
advancing knowledge of how bioenergy crop interactions with biotic and abiotic environmental factors influence crop growth, yield, and quality;
(ii)
identifying the most impactful research areas that address the economics of biofuels and bioproducts production; and
(iii)
utilizing multiscale modeling to advance predictive understanding of biofuel cropping ecosystems.
(B)
Research activities to further feedstock development, including lignocellulosic, algal, gaseous wastes including carbon oxides and methane, and direct air capture of single carbon gases via plants and microbes, including—
(i)
developing genetic and genomic tools, high-throughput analytical tools, and biosystems design approaches to enhance bioenergy feedstocks and their associated microbiomes;
(ii)
conducting field testing of new potential bioenergy feedstock crops under environmentally benign and geographically diverse conditions to assess viability and robustness; and
(iii)
developing quantitative models informed by experimentation to predict how bioenergy feedstocks perform under diverse conditions.
(C)
Research activities to improve lignocellulosic deconstruction and separation methods, including—
(i)
developing feedstock-agnostic deconstruction processes capable of efficiently fractionating biomass into targeted output streams;
(ii)
gaining a detailed understanding of plant cell wall biosynthesis, composition, structure, and properties during deconstruction; and
(iii)
improving enzymes and approaches for biomass breakdown and cellulose, hemicellulose, and lignin processing.
(D)
Research activities to improve the feedstock conversion process for advanced biofuels and bioproducts, including—
(i)
developing high-throughput methods to screen or select high-performance microbial strains and communities to improve product formation rates, yields, and selectivity;
(ii)
establishing a broad set of platform microorganisms and microbial communities suitable for metabolic engineering to produce biofuels and bioproducts, as well as high-throughput methods for experimental validation of gene function;
(iii)
developing techniques to enhance microbial robustness for tolerating toxins to improve biofuel and bioproduct yields and to gain a better understanding of the cellular and molecular bases of tolerance for major chemical classes of inhibitors found in these processes;
(iv)
advancing technologies for the use of batch, continuous, as well as consolidated bioprocessing;
(v)
identifying, creating, and optimizing microbial and chemical pathways to produce promising, atom-economical intermediates and final bioproducts from biomass with considerations given to environmentally benign processes;
(vi)
developing high-throughput, real-time, in situ analytical techniques to understand and characterize the pre- and post-bioproduct separation streams in detail;
(vii)
creating methodologies for efficiently identifying viable target molecules, identifying high-value bioproducts in existing biomass streams, and utilizing current byproduct streams;
(viii)
identifying and improving plant feedstocks with enhanced extractable levels of desired bioproducts or bioproduct precursors, including lignin streams; and
(ix)
developing integrated biological and chemical catalytic approaches to valorize and produce a diverse portfolio of advanced fuels and bioproducts.
(6)

Industry partnerships
Centers shall establish industry partnerships to translate research results to commercial applications.
(7)

Coordination
In coordination with the Bioenergy Technologies Office of the Department, the Director shall support interdisciplinary research activities to improve the capacity, efficiency, resilience, security, reliability, and affordability, of the production and use of biofuels and bioproducts, as well as activities to enable positive impacts and avoid the potential negative impacts that the production and use of biofuels and bioproducts may have on ecosystems, people, and historically marginalized communities.
(8)

Funding
Out of funds authorized to be appropriated under section 306(l) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(l)), there are authorized to be appropriated to the Secretary $30,000,000, for each center in existence or established under this subsection, for each of fiscal years 2022 through 2026.”.
(c)

Low-Dose radiation research program
Section 306(e)(8) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(e)(8)), as redesignated under subsection (a), is amended—
(1)
in subparagraph (C), by striking “and”;
(2)
in subparagraph (D), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
“(E)
$40,000,000 for fiscal year 2025; and
(F)
$50,000,000 for fiscal year 2026.”.
(d)

Low-Dose radiation and space radiation research program
Section 306(f) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(d)), as redesignated under subsection (a), is amended to read as follows:
“(f)

Low-Dose radiation and space radiation research program
(1)

In general
The Secretary of Energy, in consultation with the Administrator of the National Aeronautics and Space Administration, shall carry out a basic research program on the similarities and differences between the effects of exposure to low-dose radiation on Earth, in low Earth orbit, and in the space environment.
(2)

Purpose
The purpose of this program is to accelerate breakthroughs in low-dose and low dose-rate radiation research and development as described in subsection (e) and to inform the advancement of new tools, technologies, and advanced materials needed to facilitate long-duration space exploration.”.
(e)

Climate, environmental science, and other activities
Section 306 of the Department of Energy Research and Innovation Act (42 U.S.C. 18644) is further amended by adding at the end the following:
“(g)

Earth and environmental systems sciences activities
(1)

In general
As part of the activities authorized under subsection (a), and in coordination with activities carried out under subsection (b), the Director shall carry out earth and environmental systems science research, in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, which may include activities to—
(A)
understand, observe, and model the response of Earth’s atmosphere and biosphere to increased concentrations of greenhouse gas emissions and any associated changes in climate, including frequency and intensity of extreme weather events;
(B)
understand the coupled physical, chemical, and biological processes to transform, immobilize, remove, or move carbon, nitrogen, and other energy production-derived contaminants such as radionuclides and heavy metals, and understand the process of sequestration and transformation of these, carbon dioxide, and other relevant molecules in subsurface environments;
(C)
understand, observe, and model the cycling of water, carbon, and nutrients in terrestrial systems and at scales relevant to resources management;
(D)
understand the biological, biogeochemical, and physical processes across the multiple scales that control the flux of environmentally relevant compounds between the terrestrial surface and the atmosphere; and
(E)
inform potential natural mitigation and adaptation options for increased concentrations of greenhouse gas emissions and any associated changes in climate.
(2)

Prioritization
In carrying out the program authorized under paragraph (1), the Director shall prioritize—
(A)
the development of software and algorithms to enable the productive application of environmental systems and extreme weather in climate and Earth system prediction models in high-performance computing systems; and
(B)
capabilities that support the Department’s mission needs for energy and infrastructure security, resilience, and reliability.
(3)

Environmental systems science research
(A)

In general
As part of the activities described in paragraph (1), the Director shall carry out research to advance an integrated, robust, and scale-aware predictive understanding of environmental systems, including the role of hydrobiogeochemistry, from the subsurface to the top of the vegetative canopy that considers effects of seasonal to interannual variability and change.
(B)

Clean water and watershed research
As part of the activities described in subparagraph (A), the Director shall—
(i)
support interdisciplinary research to significantly advance our understanding of water availability, quality, and the impact of human activity and a changing climate on urban and rural watershed systems, including in freshwater environments;
(ii)
consult with the Interagency Research, Development, and Demonstration Coordination Committee on the Nexus of Energy and Water for Sustainability established under section 1010 of the Energy Act of 2020 (division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260)) on energy-water nexus research activities; and
(iii)
engage with representatives of research and academic institutions, nonprofit organizations, State, territorial, local, and tribal governments, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus, as applicable.
(C)

Coordination
(i)

Director
The Director shall carry out activities under this paragraph in accordance with priorities established by the Secretary to support and accelerate the decontamination of relevant facilities managed by the Department.
(ii)

Secretary
The Secretary shall ensure the coordination of activities of the Department, including activities under this paragraph, to support and accelerate the decontamination of relevant facilities managed by the Department.
(4)

Climate and earth modeling
As part of the activities described in paragraph (1), the Director, in collaboration with the Advanced Scientific Computing Research program described in section 304 and other programs carried out by the Department, as applicable, and in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, shall carry out research to develop, evaluate, and use high-resolution regional climate, global climate, Earth system, and other relevant models to inform decisions on reducing greenhouse gas emissions and the resulting impacts of a changing global climate. Such modeling shall include—
(A)
integrated capabilities for modeling multisectoral interactions, including socioeconomic factors as appropriate, which may include the impacts of climate policies on social and regional equity and well-being, and the interdependencies and risks at the energy-water-land nexus;
(B)
greenhouse gas emissions, air quality, energy supply and demand, and other critical elements; and
(C)
interaction among human and Earth systems informed by interdisciplinary research, including the economic and social sciences.
(5)

Mid-scale funding mechanism
(A)

In general
Any of the activities authorized in this subsection may be carried out by competitively selected mid-scale, multi-institutional research centers in lieu of individual research grants, or large-scale experiments or user facilities.
(B)

Consideration
The Biological and Environmental Research Advisory Committee shall provide recommendations to the Director on projects most suitable for the research centers described in subparagraph (A).
(h)

Biological and environmental research user facilities
(1)

In general
The Director shall carry out a program for the development, construction, operation, and maintenance of user facilities to enhance the collection and analysis of observational data related to complex biological, climate, and environmental systems.
(2)

Facility requirements
To the maximum extent practicable, the user facilities developed, constructed, operated, or maintained under paragraph (1) shall include—
(A)
distributed field research and observation platforms for understanding earth system processes;
(B)
analytical techniques, instruments, and modeling resources for understanding the physical, chemical, and cellular processes of biological and environmental systems;
(C)
integrated high-throughput sequencing, advanced bioanalytic techniques, DNA design and synthesis, metabolomics, and computational analysis; and
(D)
such other facilities as the Director considers appropriate, consistent with section 209 of the Department of Energy Organization Act (42 U.S.C. 7139).
(3)

Existing facilities
In carrying out the program established in paragraph (1), the Director is encouraged to evaluate the capabilities of existing user facilities and, to the maximum extent practicable, invest in modernization of those capabilities to address emerging research priorities.
(4)

User Facilities Integration and Collaboration program
(A)

In general
The Director shall support a program of collaboration between user facilities as defined under this subsection to encourage and enable researchers to more readily integrate the tools, expertise, resources, and capabilities of multiple Office of Science user facilities (as described in section 209(d) of the Department of Energy Organization Act (42 U.S.C. 7139)) to further research and advance emerging technologies.
(B)

Activities
The program shall advance the integration of automation, robotics, computational biology, bioinformatics, biosensing, cellular platforms and other relevant emerging technologies as determined by the Director to enhance productivity and scientific impact of user facilities.
(5)

Earth and environmental systems sciences user facilities
(A)

In general
In carrying out the activities authorized under paragraph (1), the Director shall establish and operate user facilities to advance the collection, validation, and analysis of atmospheric data, including activities to advance knowledge and improve model representations and measure the impact of atmospheric gases, aerosols, and clouds on earth and environmental systems.
(B)

Selection
The Director shall select user facilities under paragraph (1) on a competitive, merit-reviewed basis. The Director shall consider applications from the National Laboratories, institutes of higher education, multi-institutional collaborations, and other appropriate entities.
(C)

Existing facilities
To the maximum extent practicable, the Director shall utilize existing facilities to carry out this subsection.
(6)

Coordination
In carrying out the program authorized in paragraph (1), the Director shall ensure that the Office of Science—
(A)
consults and coordinates with the National Oceanic Atmospheric Administration, the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Agriculture, the Department of the Interior, and any other relevant Federal agency on the collection, validation, and analysis of atmospheric data; and
(B)
coordinates with relevant stakeholders, including institutes of higher education, nonprofit research institutions, industry, State, territorial, local, and tribal governments, and other appropriate entities to ensure access to the best available relevant atmospheric and historical weather data.
(i)

Coastal zone research initiative
(1)

In general
The Director shall carry out a research program, in consultation with the National Oceanic and Atmospheric Administration, to enhance the understanding of coastal ecosystems. In carrying out this program, the Director shall prioritize efforts to enhance the collection of observational data, and shall develop models to analyze the ecological, biogeochemical, hydrological and physical processes that interact in coastal zones.
(2)

National system for coastal data collection
The Director shall establish, in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, an integrated system of geographically diverse field research sites in order to improve the quantity and quality of observational data, and that encompass the major land water interfaces of the United States, including—
(A)
the Great Lakes region;
(B)
the Pacific coast;
(C)
the Atlantic coast;
(D)
the Arctic; and
(E)
the Gulf coast.
(3)

Existing infrastructure
In carrying out the programs and establishing the field research sites under paragraph (1) and (2), the Secretary shall leverage existing research and development infrastructure supported by the Department, including the Department’s existing marine and coastal research lab.
(4)

Coordination
For the purposes of carrying out the programs and establishing the field research sites under the Initiative, the Secretary may enter into agreements with Federal Departments and agencies with complementary capabilities.
(5)

Report
Not less than 2 years after the date of the enactment of the America COMPETES Act of 2022, the Director shall provide to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report examining whether the system described in this section should be established as a National User Facility.
(j)

Technology development
The Director shall support a technology research program for the development of instrumentation and other research tools required to meet the missions of the Department and to provide platform technologies for the broader scientific community. Technologies shall include but are not limited to—
(1)
cryo-electron microscopy;
(2)
fabricated ecosystems;
(3)
next generation sensors including quantum sensors for biological integration and bioproduction;
(4)
technologies to accelerate data analysis; and
(5)
plant and microbial phenotyping for gene discovery.
(k)

Emerging technologies
(1)

In general
The Secretary shall establish within the Biological and Environmental Research program an initiative focused on the development of engineered ecosystems through the application of artificial intelligence, novel sensing capabilities, and other emerging technologies.
(2)

Interagency coordination
The Secretary shall coordinate with the Director of the National Science Foundation, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the U.S. Geological Survey, and other relevant officials to avoid duplication of research and observational activities and to ensure that activities carried out under this initiative are complimentary to those currently being undertaken by other agencies.
(3)

Report
Not later than 180 days after the enactment of this Act, the Secretary shall provide a report to the Committee on Science, Space, and Technology of the House, and the Committee on Energy and Natural Resources of the Senate, on the activity mandated in subsection (k).
(l)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$820,360,000 for fiscal year 2022;
(2)
$886,385,200 for fiscal year 2023;
(3)
$956,332,164 for fiscal year 2024;
(4)
$1,020,475,415 for fiscal year 2025; and
(5)
$1,099,108,695 for fiscal year 2026.”.
10104.

Advanced scientific computing research program
(a)

Advanced scientific computing research
Section 304 of the Department of Energy Research and Innovation Act (42 U.S.C. 18642) is amended—
(1)
by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; and
(2)
by inserting before subsection (b), as so redesignated, the following:
“(a)

In general
As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out, in coordination with academia and relevant public and private sector entities, a research, development, and demonstration program to—
(1)
steward applied mathematics, computational science, and computer science research relevant to the missions of the Department and the competitiveness of the United States;
(2)
develop modeling, simulation, and other computational tools relevant to other scientific disciplines and to the development of new energy technologies and other technologies;
(3)
advance computing and networking capabilities for data-driven discovery; and
(4)
develop advanced scientific computing hardware and software tools for science and engineering.”;
(3)
in subsection (c) (as redesignated under paragraph (1))—
(A)
by striking “The Director” and inserting the following:
“(1)

Director
The Director”; and
(B)
by adding at the end the following:
“(2)

Coordination
The Under Secretary for Science shall ensure the coordination of the activities of the Department, including activities under this section, to determine and meet the computational and networking research and facility needs of the Office of Science and all other relevant energy technology and energy efficiency programs within the Department and with other Federal agencies as appropriate.”;
(4)
by amending subsection (d), as so redesignated, to read as follows:
“(d)

Applied mathematics and software development for high-End computing systems and computer sciences research
(1)

In general
The Director shall carry out activities to develop, test, and support—
(A)
mathematics, statistics, and algorithms for modeling complex systems relevant to the missions of the Department, including on advanced computing architectures; and
(B)
tools, languages, programming environments, and operations for high-end computing systems (as defined in section 2 of the American Super Computing Leadership Act (15 U.S.C. 5541).
(2)

Portfolio balance
(A)

In general
The Director shall maintain a balanced portfolio within the advanced scientific computing research and development program established under section 976 of the Energy Policy Act of 2005 (42 U.S.C. 16316) that supports robust investment in—
(i)
applied mathematical, computational, and computer sciences research needs relevant to the mission of the Department, including foundational areas that are critical to the advancement of energy sciences and technologies and new and emerging computing technologies; and
(ii)
associated high-performance computing hardware and facilities.
(B)

Exascale ecosystem sustainment
(i)

Sense of Congress
It is the sense of Congress that the Exascale Computing Project has successfully created a broad ecosystem that provides shared software packages, novel evaluation systems, and applications relevant to the science and engineering requirements of the Department, and that such products must be maintained and improved in order that the full potential of the deployed systems can be continuously realized.
(ii)

In general
The Secretary shall seek to sustain and evolve the ecosystem referenced in clause (i) to ensure that the exascale software stack and other research software will continue to be maintained, hardened, and otherwise optimized for long-term use on exascale systems and beyond and reliable availability to the user community.”; and
(5)
by inserting after subsection (d) the following:
“(e)

Next generation computing program
(1)

In general
The Secretary shall establish a program to develop and implement a strategy for achieving computing systems with capabilities beyond exascale computing systems. In establishing this program, the Secretary shall—
(A)
maintain foundational research programs in mathematical, computational, and computer sciences focused on new and emerging computing needs within the mission of the Department, including post-Moore’s law computing architectures, novel approaches to modeling and simulation, artificial intelligence and scientific machine learning, quantum computing, edge computing, extreme heterogeneity, and distributed high-performance computing;
(B)
retain best practices and maintain support for essential hardware, applications, and software elements of the Exascale Computing Program that are necessary for sustaining the vitality of a long-term capable software ecosystem for exascale and beyond; and
(C)
develop a Department-wide strategy for balancing on-premises and cloud-based computing and scientific data management.
(2)

Report
Not later than one year after the date of the enactment of the America COMPETES Act of 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a report on the development and implementation of the strategy outlined in paragraph (1).
(f)

Architectural research in heterogeneous computing systems
(1)

In general
The Secretary shall carry out a program of research and development in heterogeneous and reconfigurable computing systems to expand understanding of the potential for heterogeneous and reconfigurable computing systems to deliver high performance, high efficiency computing for Department of Energy mission challenges. This shall include research and development that explores the convergence of big data analytics, simulations, and artificial intelligence to drive the design of heterogenous computing system architectures.
(2)

Coordination
In carrying out this program, the Secretary shall ensure coordination between research activities undertaken by the Advanced Scientific Computing Research program and materials research supported by the Basic Energy Sciences program within the Department of Energy Office of Science.
(g)

Energy efficient computing program
(1)

In general
The Secretary shall support a program of fundamental research, development, and demonstration of energy efficient computing and data center technologies relevant to advanced computing applications, including high performance computing, artificial intelligence, and scientific machine learning.
(2)

Execution
(A)

Program
In carrying out the program under paragraph (1), the Secretary shall—
(i)
establish a partnership for National Laboratories, industry partners, and institutions of higher education for codesign of energy efficient hardware, technology, software, and applications across all applicable program offices of the Department, and provide access to energy efficient computing resources to such partners;
(ii)
develop hardware and software technologies that decrease the energy needs of advanced computing practices, including through data center co-design;
(iii)
consider multiple heterogeneous computing architectures in collaboration with the program established under subsection (f) including neuromorphic computing, persistent computing, and ultrafast networking; and
(iv)
provide, as appropriate, on a competitive, merit-reviewed basis, access for researchers from institutions of higher education, National Laboratories, industry, and other Federal agencies to the energy efficient computing technologies developed pursuant to clause (i).
(B)

Selection of partners
In selecting participants for the partnership established under subparagraph (A)(i), the Secretary shall select participants through a competitive, merit review process.
(C)

Report
Not later than one year after the date of the enactment of the America COMPETES Act of 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a report on—
(i)
the activities conducted under subparagraph (A); and
(ii)
the coordination and management of the program under subparagraph (A) to ensure an integrated research program across the Department.
(h)

Energy sciences network
(1)

In general
The Secretary shall provide for upgrades to the Energy Sciences Network user facility in order to meet the research needs of the Department for highly reliable data transport capabilities optimized for the requirements of large-scale science.
(2)

Capabilities
In carrying out paragraph (1), the Secretary shall ensure the following capabilities:
(A)
To provide high bandwidth scientific networking across the continental United States and the Atlantic Ocean.
(B)
To ensure network reliability.
(C)
To protect the network infrastructure from cyber-attacks.
(D)
To manage transport of exponentially increasing levels of data from the Department’s National Laboratories and sites, user facilities, experiments, and sensors.
(E)
To contribute to the integration of heterogeneous computing frameworks and systems.
(i)

Computational science graduate fellowship
(1)

In general
The Secretary shall support the Computational Science Graduate Fellowship program in order to facilitate collaboration between graduate students and researchers at the National Laboratories, and contribute to the development of a diverse and inclusive computational workforce to help advance research in areas relevant to the mission of the Department.
(2)

Funding
From within funds authorized to be appropriated for Advanced Scientific Computing Research Program, there are authorized to be appropriated to the Secretary for carrying out the activities under this section—
(A)
$21,000,000 for fiscal year 2022;
(B)
$22,050,000 for fiscal year 2023;
(C)
$23,152,500 for fiscal year 2024;
(D)
$24,310,125 for fiscal year 2025; and
(E)
$25,525,631 for fiscal year 2026.
(j)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$1,126,350,000 for fiscal year 2022;
(2)
$1,222,674,500 for fiscal year 2023;
(3)
$1,324,320,715 for fiscal year 2024;
(4)
$1,431,660,115 for fiscal year 2025; and
(5)
$1,535,090,121 for fiscal year 2026.”.
(b)

Quantum science network
(1)

Definitions
Section 2 of the National Quantum Initiative Act (15 U.S.C. 8801) is amended—
(A)
by redesignating paragraph (7) as paragraph (8); and
(B)
by inserting after paragraph (6) the following:
“(7)

Quantum network infrastructure
The term quantum network infrastructure means any facility, expertise, or capability that is necessary to enable the development and deployment of scalable and diverse quantum network technologies.”.
(2)

Department of energy quantum network infrastructure research and development program
(A)
Title IV of the National Quantum Initiative Act (15 U.S.C. 8851 et seq.) is amended by adding at the end the following:
“403.

Department of energy quantum network infrastructure research and development program
(a)

In general
The Secretary of Energy (referred to in this section as the “Secretary”) shall carry out a research, development, and demonstration program to accelerate innovation in quantum network infrastructure in order to—
(1)
facilitate the advancement of distributed quantum computing systems through the internet and intranet;
(2)
improve the precision of measurements of scientific phenomena and physical imaging technologies;
(3)
develop secure national quantum communications technologies and strategies; and
(4)
demonstrate these capabilities utilizing the Department of Energy’s Energy Sciences Network User Facility.
(b)

Program
In carrying out this section, the Secretary shall—
(1)
coordinate with—
(A)
the Director of the National Science Foundation;
(B)
the Director of the National Institute of Standards and Technology;
(C)
the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a); and
(D)
the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science;
(2)
conduct cooperative research with industry, National Laboratories, institutions of higher education, and other research institutions to facilitate new quantum infrastructure methods and technologies, including—
(A)
quantum-limited detectors, ultra-low loss optical channels, space-to-ground connections, and classical networking and cybersecurity protocols;
(B)
entanglement and hyper-entangled state sources and transmission, control, and measurement of quantum states;
(C)
quantum interconnects that allow short range local connections between quantum processors;
(D)
transducers for quantum sources and signals between optical and telecommunications regimes and quantum computer-relevant domains, including microwaves;
(E)
development of quantum memory buffers and small-scale quantum computers that are compatible with photon-based quantum bits in the optical or telecommunications wavelengths;
(F)
long-range entanglement distribution at both the terrestrial and space-based level using quantum repeaters, allowing entanglement-based protocols between small- and large scale quantum processors;
(G)
quantum routers, multiplexers, repeaters, and related technologies necessary to create secure long-distance quantum communication; and
(H)
integration of systems across the quantum technology stack into traditional computing networks, including the development of remote controlled, high performance, and reliable implementations of key quantum network components by leveraging the expertise, infrastructure and supplemental investments in the Energy Sciences Network User Facility;
(3)
engage with the Quantum Economic Development Consortium (QED–C) to transition component technologies to help facilitate as appropriate the development of a quantum supply chain for quantum network technologies;
(4)
advance basic research in advanced scientific computing, particle and nuclear physics, and material science to enhance the understanding, prediction, and manipulation of materials, processes, and physical phenomena relevant to quantum network infrastructure;
(5)
develop experimental tools and testbeds in collaboration with the Department of Energy’s Energy Sciences Network User Facility necessary to support cross-cutting fundamental research and development activities with diverse stakeholders from industry, National Laboratories, and institutions of higher education; and
(6)
consider quantum network infrastructure applications that span the Department of Energy’s missions in energy, environment, and national security.
(c)

Leveraging
In carrying out this section, the Secretary shall leverage resources, infrastructure, and expertise across the Department of Energy and from—
(1)
the National Institute of Standards and Technology;
(2)
the National Science Foundation;
(3)
the National Aeronautics and Space Administration;
(4)
other relevant Federal agencies;
(5)
the National Laboratories;
(6)
industry stakeholders;
(7)
institutions of higher education; and
(8)
the National Quantum Information Science Research Centers.
(d)

Research plan
Not later than 180 days after the date of the enactment of the America COMPETES Act of 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a 4-year research plan that identifies and prioritizes basic research needs relating to quantum network infrastructure.
(e)

Standard of review
The Secretary shall review activities carried out under this section to determine the achievement of technical milestones.
(f)

Funding
Out of funds authorized to be appropriated for the Department of Energy’s Office of Science, there shall be made available to the Secretary to carry out the activities under this section, $100,000,000 for each of fiscal years 2022 through 2026.
404.

Department of energy quantum user expansion for science and technology program
(a)

In general
The Secretary of Energy (referred to in this section as the “Secretary”) shall establish and carry out a program (to be known as the “Quantum User Expansion for Science and Technology program” or “QUEST program”) to encourage and facilitate access to United States quantum computing hardware and quantum computing clouds for research purposes to—
(1)
enhance the United States quantum research enterprise;
(2)
educate the future quantum computing workforce; and
(3)
accelerate the advancement of United States quantum computing capabilities.
(b)

Program
In carrying out this section, the Secretary shall—
(1)
coordinate with—
(A)
the Director of the National Science Foundation;
(B)
the Director of the National Institute of Standards and Technology;
(C)
the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a); and
(D)
the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science;
(2)
provide researchers based within the United States with access to, and use of, United States quantum computing resources through a competitive, merit-reviewed process;
(3)
consider applications from the National Laboratories, multi-institutional collaborations, institutions of higher education, industry stakeholders, and any other entities that the Secretary determines are appropriate to provide national leadership on quantum computing related issues; and
(4)
consult and coordinate with private sector stakeholders, the user community, and interagency partners on program development and best management practices.
(c)

Leveraging
In carrying out this section, the Secretary shall leverage resources and expertise across the Department of Energy and from—
(1)
the National Institute of Standards and Technology;
(2)
the National Science Foundation;
(3)
the National Aeronautics and Space Administration;
(4)
other relevant Federal agencies;
(5)
the National Laboratories;
(6)
industry stakeholders;
(7)
institutions of higher education; and
(8)
the National Quantum Information Science Research Centers.
(d)

Security
In carrying out the activities authorized by this section, the Secretary, in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall ensure proper security controls are in place to protect sensitive information, as appropriate.
(e)

Funding
Out of funds authorized to be appropriated for the Department of Energy’s Office of Science, there are authorized to be appropriated to the Secretary to carry out the activities under this section—
(1)
$30,000,000 for fiscal year 2022;
(2)
$50,000,000 for fiscal year 2023;
(3)
$70,000,000 for fiscal year 2024;
(4)
$90,000,000 for fiscal year 2025; and
(5)
$100,000,000 for fiscal year 2026.
(f)

Equitable use of high-Performance computing capabilities
(1)

Sense of congress
It is the sense of Congress that machine learning algorithms can exhibit biases that cause harm to historically marginalized communities.
(2)

Policy
In leveraging high-performance computing systems for research purposes, including through the use of machine learning algorithms for data analysis, the Secretary shall ensure that such capabilities are employed in a manner that mitigates and, to the maximum extent practicable, avoids harmful algorithmic bias and equitably addresses challenges impacting different populations, including historically marginalized communities.”.
(B)
The table of contents in section 1(b) of the National Quantum Initiative Act is amended by inserting after the item relating to section 402 the following items:
“Sec. 403. Department of energy quantum network infrastructure research and development program.
Sec. 404. Department of energy quantum user expansion for science and technology program.”.
10105.

Fusion energy research
(a)

Fusion energy research
Section 307 of the Department of Energy Research and Innovation Act (42 U.S.C. 18645) is amended—
(1)
in subsection (b)—
(A)
in the matter preceding paragraph (1), by striking “As part of” and inserting the following:
“(1)

In general
As part of”;
(B)
by redesignating—
(i)
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively (and by adjusting the margins of such subparagraphs accordingly); and
(ii)
in subparagraph (B) (as redesignated by clause (i)), subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by adjusting the margins of such clauses accordingly); and
(C)
by adding at the end the following:
“(2)

Authorization of appropriations
Out of funds authorized to be appropriated under subsection (r), there are authorized to be appropriated to the Secretary to carry out activities described in paragraph (1) $100,000,000 for each of fiscal years 2022 through 2026.”;
(2)
in subsection (d)(3)—
(A)
by striking the period at the end and inserting “and $40,000,000 for fiscal year 2026.”; and
(B)
by striking “(o)” and inserting “(r)”; and
(3)
in subsection (e)(4)—
(A)
by striking the period at the end and inserting “and $75,000,000 for fiscal year 2026.”; and
(B)
by striking “(o)” and inserting “(r)”;
(4)
in subsection (i)(10)—
(A)
In the matter preceding subparagraph (A), by striking “(o)” and inserting “(r)”;
(B)
in subparagraph (C), strike “$105,000,000” and insert “$150,000,000”;
(C)
in subparagraph (D), strike “65,000,000 for fiscal year 2024; and” and insert “$250,000,000 for fiscal year 2024;”;
(D)
in subparagraph (E), strike “$45,000,000 for fiscal year 2025.” and insert “$250,000,000 for fiscal year 2025; and”; and
(E)
by adding at the end the following:
“(F)
$150,000,000 for fiscal year 2026.”;
(5)
in subsection (j)—
(A)
by striking “The Director” and all that follows through the period and inserting the following:
“(1)

In general
(A)

Establishment
Within 180 days of enactment of the America COMPETES Act of 2022, the Director shall establish at least 2 national teams, including public-private partnerships, that will develop conceptual pilot plant designs and technology roadmaps and lead to an engineering design of a pilot plant that will bring fusion to commercial viability.
(B)

Composition
The national teams shall be composed of developers, manufacturers, universities, national laboratories, and engineering, procurement, and construction industries.”; and
(B)
by adding at the end the following:
“(2)

Authorization of appropriations
There are authorized to be appropriated to carry out activities described in paragraph (1)—
(A)
$20,000,000 for fiscal year 2022;
(B)
$35,000,000 for fiscal year 2023;
(C)
$50,000,000 for fiscal year 2024;
(D)
$65,000,000 for fiscal year 2025; and
(E)
$80,000,000 for fiscal year 2026.”;
(6)
in subsection (l)—
(A)
by striking “sense of Congress that the United States should support” and inserting “sense of Congress that—”;
“(1)
the United States should support”;
(B)
in paragraph (1) (as so designated by subparagraph (A) of this paragraph), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(2)
the Director shall incorporate the findings and recommendations of the report of the Fusion Energy Sciences Advisory Committee entitled “Powering the Future: Fusion and Plasmas” and the report of the National Academies of Science, Engineering, and Medicine entitled “Bringing Fusion to the U.S. Grid” into the planning process of the Department, including the development of future budget requests to Congress.”;
(7)
by redesignating subsection (o) as subsection (r);
(8)
by inserting after subsection (n) the following:
“(o)

High-Performance computation collaborative research program
(1)

In general
The Secretary shall carry out a program to conduct and support collaborative research, development, and demonstration of fusion energy technologies, through high-performance computation modeling and simulation techniques, in order to—
(A)
support fundamental research in plasmas and matter at very high temperatures and densities;
(B)
inform the development of a broad range of fusion energy systems; and
(C)
facilitate the translation of research results in fusion energy science to industry.
(2)

Coordination
In carrying out the program under paragraph (1), the Secretary shall coordinate with relevant Federal agencies, and prioritize the following objectives:
(A)
Using expertise from the private sector, institutions of higher education, and the National Laboratories to leverage existing, and develop new, computational software and capabilities that prospective users may use to accelerate research and development of fusion energy systems.
(B)
Developing computational tools to simulate and predict fusion energy science phenomena that may be validated through physical experimentation.
(C)
Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.
(D)
Leveraging experience from existing modeling and simulation entities sponsored by the Department.
(E)
Ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in fusion energy technology development.
(F)
Ensuring that newly developed computational tools are compatible with modern virtual engineering and visualization capabilities to accelerate the realization of fusion energy technologies and systems.
(3)

Duplication
The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of this program with the activities of—
(A)
other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency–Energy, the Advanced Scientific Computing Research program; and
(B)
industry.
(4)

High-performance computing for fusion innovation center
In carrying out the program under paragraph (1), the Secretary shall, in coordination with the Innovation Network for Fusion Energy, establish and operate a national High-Performance Computing for Fusion Innovation Center (referred to in this subsection as the “Center”), to support the program under paragraph (1) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, fusion energy research and development through high performance computing and advanced data analytics technologies and processes.
(5)

Selection
The Secretary shall select the Center under this subsection on a competitive, merit-reviewed basis. The Secretary shall consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
(6)

Existing activities
The Center may incorporate existing research activities that are consistent with the program described in paragraph (1).
(7)

Duration
The Center established under this subsection shall receive support for a period of not more than 5 years, subject to the availability of appropriations.
(8)

Renewal
Upon the expiration of any period of support of the Center, the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years.
(9)

Termination
Consistent with the existing authorities of the Department, the Secretary may terminate the Center for cause during the performance period.
(p)

Material plasma exposure experiment
(1)

In general
The Secretary shall construct a Material Plasma Exposure Experiment facility as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee titled “Powering the Future: Fusion and Plasmas”. The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for steady state, high-heat-flux and plasma-material interaction testing of fusion materials over a range of fusion energy relevant parameters.
(2)

Facility capabilities
The Secretary shall ensure that the facility described in paragraph (1) will provide the following capabilities:
(A)
A magnetic field at the target of 1 Tesla.
(B)
An energy flux at the target of 10 MW/m2.
(C)
The ability to expose previously irradiated plasma facing material samples to plasma.
(3)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2027.
(4)

Funding
Out of funds authorized to be appropriated for Fusion Energy Sciences, there are funds authorized to be appropriated to the Secretary for the Office of Fusion Energy Sciences to carry out to completion the construction of the facility under this section:
(A)
$32,800,000 for fiscal year 2022;
(B)
$13,400,000 for fiscal year 2023;
(C)
$12,600,000 for fiscal year 2024; and
(D)
$400,000 for fiscal year 2025.
(q)

Matter in extreme conditions instrument upgrade
(1)

In general
The Secretary shall provide for the upgrade to the Matter in Extreme Conditions endstation at the Linac Coherent Light Source as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee titled “Powering the Future: Fusion and Plasmas”. The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for understanding physical and chemical changes to plasmas at fundamental timescales, and explore new regimes of dense material physics, astrophysics, planetary physics, and short-pulse laser-plasma interactions.
(2)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2028.”; and
(9)
in subsection (r), as so redesignated, by striking paragraphs (2) through (5) and inserting the following:
“(2)
$1,002,900,000 for fiscal year 2022;
(3)
$1,190,707,000 for fiscal year 2023;
(4)
$1,364,368,490 for fiscal year 2024;
(5)
$1,404,042,284 for fiscal year 2025; and
(6)
$1,398,097,244 for fiscal year 2026.”.
(b)

ITER construction
Section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312) is amended in subsection (c)(3)—
(1)
in subparagraph (A), by striking “and” at the end; and
(2)
by striking subparagraph (B) and inserting the following:
“(B)
$300,000,000 for fiscal year 2022;
(C)
$325,000,000 for fiscal year 2023;
(D)
$350,000,000 for fiscal year 2024;
(E)
$350,000,000 for fiscal year 2025; and
(F)
$350,000,000 for fiscal year 2026.”.
10106.

High energy physics program
(a)

Program
Section 305 of the Department of Energy Research and Innovation Act (42 U.S.C. 18643) is amended—
(1)
by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and
(2)
by inserting the following after subsection (a):
“(b)

Program
As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research program in elementary particle physics and advanced technology research and development to improve the understanding of the fundamental properties of the universe, including constituents of matter and energy and the nature of space and time.
(c)

High energy frontier research
As part of the program described in subsection (b), the Director shall carry out research using high energy accelerators and advanced detectors, including accelerators and detectors that will function as national user facilities, to create and study interactions of elementary particles and investigate fundamental forces.”.
(b)

International collaboration
Section 305(d) of the Department of Energy Research and Innovation Act (42 U.S.C. 18643(d)), as redesignated under subsection (a), is amended to read as follows:
“(d)

International collaboration
The Director shall—
(1)
as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider;
(2)
to the maximum extent practicable, continue to leverage United States participation in the Large Hadron Collider, and prioritize expanding international partnerships and investments in the Long-Baseline Neutrino Facility and Deep Underground Neutrino Experiment; and
(3)
to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced accelerator facilities in the world to United States researchers.”.
(c)

Cosmic frontier research
Section 305(f) of the Department of Energy Research and Innovation Act (42 U.S.C. 18645(f)), as redesignated by subsection (a), is amended to read as follows:
“(f)

Cosmic frontier research
The Director shall carry out research activities on the nature of the primary contents of the universe, including the nature of dark energy and dark matter. These activities shall, to the maximum extent practicable, be consistent with the research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences, and may include—
(1)
collaborations with the National Aeronautics and Space Administration, the National Science Foundation, or international partners on relevant projects; and
(2)
the development of space-based, land-based, water-based, and underground facilities and experiments.”.
(d)

Further activities
Section 305 of the Department of Energy Research and Innovation Act (42 U.S.C. 18645) is further amended by adding at the end the following:
“(g)

Facility construction and major items of equipment
(1)

Projects
Consistent with the Office of Science’s project management practices, the Director shall, to the maximum extent practicable, incorporate the findings and recommendations of the 2014 Particle Physics Project Prioritization Panel (P5) report titled “Building for Discovery”, and support construction or fabrication of—
(A)
an international Long-Baseline Neutrino Facility based in the United States;
(B)
the Proton Improvement Plan II;
(C)
Second Generation Dark Matter experiments;
(D)
the Legacy Survey of Space and Time camera;
(E)
upgrades to detectors and other components of the Large Hadron Collider; and
(F)
other high priority projects recommended in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel.
(2)

Long-baseline neutrino facility
(A)

In general
The Secretary shall support construction of a Long-Baseline Neutrino Facility to facilitate the international Deep Underground Neutrino Experiment to examine the fundamental properties of neutrinos, explore physics beyond the Standard Model, and better clarify the existence and nature of antimatter.
(B)

Facility capabilities
The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities:
(i)
A neutrino beam with wideband capability of 1.2 megawatts (MW) of beam power and upgradable to 2.4 MW of beam power.
(ii)
Three caverns excavated for a 70 kiloton fiducial detector mass and supporting surface buildings and utilities.
(iii)
Cryogenic systems to support neutrino detectors.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this subsection occurs before December 31, 2031.
(D)

Funding
Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this subsection—
(i)
$200,000,000 for fiscal year 2022;
(ii)
$325,000,000 for fiscal year 2023;
(iii)
$400,000,000 for fiscal year 2024;
(iv)
$375,000,000 for fiscal year 2025; and
(v)
$250,000,000 for fiscal year 2026.
(3)

Proton improvement plan–ii accelerator upgrade project
(A)

In general
The Secretary of Energy shall support construction of the Proton Improvement Plan II, an upgrade to the Fermilab accelerator complex identified in the 2014 Particle Physics Project Prioritization Panel (P5) report titled “Building for Discovery”, to provide the world’s most intense beam of neutrinos to the international Long Baseline Neutrino Facility as well as abroad range of future high energy physics experiments. The Secretary of Energy shall work with international partners to enable further significant contributions to the capabilities of this project.
(B)

Facility capabilities
The Secretary shall ensure that the facility described in paragraph (1) will provide, at a minimum, the following capabilities:
(i)
A state-of-the-art 800 megaelectron volt (MeV) superconducting linear accelerator.
(ii)
Proton beam power of 1.2 MW at the start of LBNF/DUNE, upgradeable to 2.4 MW of beam power.
(iii)
A flexible design to enable high power beam delivery to multiple users simultaneously and customized beams tailored to specific scientific needs.
(iv)
Sustained high reliability operation of the Fermilab accelerator complex.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2028.
(D)

Funding
Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this subsection—
(i)
$191,000,000 for fiscal year 2022;
(ii)
$150,000,000 for fiscal year 2023;
(iii)
$120,000,000 for fiscal year 2024;
(iv)
$120,000,000 for fiscal year 2025; and
(v)
$100,000,000 for fiscal year 2026.
(4)

Cosmic microwave background stage 4
(A)

In general
The Secretary of Energy, in partnership with the Director of the National Science Foundation, shall support construction of the Cosmic Microwave Background Stage 4 project to survey the cosmic microwave background to test theories of cosmic inflation as described in the 2014 Particle Physics Prioritization Panel (P5) report titled “Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context.”.
(B)

Consultation
The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this experiment is capable of meeting Federal research needs in accessing the ultra-high energy physics of inflation and important neutrino properties.
(C)

Experimental capabilities
The Secretary shall ensure to the maximum extent practicable that the facility described in subsection (a) will provide at minimum, 500,000 superconducting detectors deployed on an array of mm wave telescopes with the required range in frequency, sensitivity, and survey speed which will provide sufficient capability to enable an order of magnitude advance in observations of the Cosmic Microwave Background, delivering transformative discoveries in fundamental physics, cosmology, and astrophysics.
(D)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2030.
(E)

Funding
Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this subsection—
(i)
$37,000,000 for fiscal year 2022;
(ii)
$50,000,000 for fiscal year 2023;
(iii)
$70,000,000 for fiscal year 2024;
(iv)
$80,000,000 for fiscal year 2025; and
(v)
$90,000,000 for fiscal year 2026.
(h)

Accelerator and detector upgrades
The Director shall upgrade accelerator facilities and detectors, as necessary and appropriate, to increase beam power, sustain high reliability, and improve precision measurement to advance the highest priority particle physics research programs. In carrying out facility upgrades, the Director shall continue to work with international partners, when appropriate and in the United States’ interest, to leverage investments and expertise in critical technologies to help build and upgrade accelerator and detector facilities in the United States.
(i)

Accelerator and detector research and development
As part of the program described in subsection (b), the Director shall carry out research and development in particle beam physics, accelerator science and technology, and particle and radiation detection with relevance to the specific needs of the High Energy Physics program, in coordination with the Accelerator Research and Development program authorized in section 310.
(j)

Underground science
The Director shall—
(1)
support an underground science program consistent with the missions of the Department and the scientific needs of the High Energy Physics program, including those articulated in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel, that leverages the capabilities of relevant underground science and engineering facilities; and
(2)
carry out a competitive grant program to award scientists and engineers at institutions of higher education, nonprofit institutions, and National Laboratories to conduct research in underground science and engineering.
(k)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$1,355,690,000 for fiscal year 2022;
(2)
$1,517,628,300 for fiscal year 2023;
(3)
$1,652,112,281 for fiscal year 2024;
(4)
$1,711,460,141 for fiscal year 2025; and
(5)
$1,656,012,351 for fiscal year 2026.”.
10107.

Nuclear physics program
(a)

Program
Section 308 of the Department of Energy Research and Innovation Act (42 U.S.C. 18646) is amended—
(1)
by redesignating subsection (b) as subsection (d); and
(2)
by striking subsection (a) and inserting the following:
“(a)

Program
As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research program, and support relevant facilities, to discover and understand various forms of nuclear matter.
(b)

User facilities
(1)

Facility for rare isotope beams
(A)

In general
The Secretary shall support construction of a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos.
(B)

Funding
Out of funds authorized to be appropriated under subsection (c), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this subsection $2,000,000 for fiscal year 2022.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before March 1, 2022.
(2)

Electron-ion collider
(A)

In general
The Secretary shall support construction of an Electron Ion Collider as described in the 2015 Long Range Plan of the Nuclear Science Advisory Committee and the report from the National Academies of Science, Engineering, and Medicine titled “An Assessment of U.S.-Based Electron-Ion Collider Science”, in order to measure the internal structure of the proton and the nucleus and answer fundamental questions about the nature of visible matter.
(B)

Facility capability
The Secretary shall ensure that the facility meets the requirements in the 2015 Long Range Plan, including—
(i)
at least 70 percent polarized beams of electrons and light ions;
(ii)
ion beams from deuterium to the heaviest stable nuclei;
(iii)
variable center of mass energy from 20 to 140 GeV;
(iv)
high collision luminosity of 10^{33–34}cm^{-2}s^{-1}; and
(v)
the possibility of more than one interaction region.
(C)

Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2030.
(D)

Funding
Out of funds authorized to be appropriated under subsection (c), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this subsection—
(i)
$101,000,000 for fiscal year 2022;
(ii)
$155,000,000 for fiscal year 2023;
(iii)
$250,000,000 for fiscal year 2024;
(iv)
$300,000,000 for fiscal year 2025; and
(v)
$305,000,000 for fiscal year 2026.
(c)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$780,000,000 for fiscal year 2022;
(2)
$879,390,000 for fiscal year 2023;
(3)
$1,025,097,300 for fiscal year 2024;
(4)
$1,129,354,111 for fiscal year 2025; and
(5)
$1,192,408,899 for fiscal year 2026.”.
10108.

Accelerator research and development
The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding after section 309 the following:
“310.

Accelerator research and development
(a)

Program
As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research program to—
(1)
advance accelerator science and technology relevant to the Department, other Federal agencies, and U.S. industry;
(2)
foster partnerships to develop, demonstrate, and enable the commercial application of accelerator technologies;
(3)
support the development of a skilled, diverse, and inclusive accelerator workforce; and
(4)
provide access to accelerator design and engineering resources.
(b)

Accelerator research
In carrying out the program authorized under subsection (a), the Director shall support—
(1)
research activities in cross-cutting accelerator technologies including superconducting magnets and accelerators, beam physics, data analytics-based accelerator controls, simulation software, new particle sources, advanced laser technology, and transformative research; and
(2)
optimal operation of the Accelerator Test Facility.
(c)

Accelerator development
In carrying out the program authorized under subsection (a), the Director shall support partnerships to foster the development, demonstration, and commercial application of accelerator technologies including, advanced superconducting wire and cable, superconducting RF cavities, and high efficiency radiofrequency power sources for accelerators.
(d)

Research collaborations
In developing accelerator technologies under the program authorized in subsection (a), the Director shall—
(1)
consider the requirements necessary to support translational research and development for medical, industrial, security, and defense applications; and
(2)
leverage investments in accelerator technologies and fundamental research in particle physics by partnering with institutes of higher education, industry, and other Federal agencies to enable the commercial application of advanced accelerator technologies.
(e)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$24,000,000 for fiscal year 2022;
(2)
$25,680,000 for fiscal year 2023;
(3)
$27,477,600 for fiscal year 2024;
(4)
$29,401,032 for fiscal year 2025; and
(5)
$31,459,104 for fiscal year 2026.”.
10109.

Isotope development and production for research applications
The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding after section 310 as added by this title, the following:
“311.

Isotope Development and Production for Research Applications
(a)

In general
The Director—
(1)
shall carry out a program in coordination with other relevant programs across the Department for the production of isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed for research, medical, industrial, or related purposes, to the maximum extent practicable, in accordance with the 2015 Nuclear Science Advisory Committee ‘Meeting Isotope Needs and Capturing Opportunities For The Future’ report; and
(2)
shall ensure that isotope production activities carried out under the program under this paragraph do not compete with private industry unless the Director determines that critical national interests require the involvement of the Federal Government.
(b)

Authorization of appropriations
There are authorized to be appropriated to carry out the program under this section—
(1)
$90,000,000 for fiscal year 2022;
(2)
$96,300,000 for fiscal year 2023;
(3)
$103,041,000 for fiscal year 2024;
(4)
$110,253,870 for fiscal year 2025; and
(5)
$117,971,641 for fiscal year 2026.”.
10110.

Science laboratories infrastructure program
(a)

Program
Section 309 of the Department of Energy Research and Innovation Act (42 U.S.C. 18647) is amended by adding at the end the following:
“(c)

Approach
In carrying out this section, the Director shall utilize all available approaches and mechanisms, including capital line items, minor construction projects, energy savings performance contracts, and utility energy service contracts, alternative financing and expense funding, as appropriate.
(d)

Alternative financing of research facilities and infrastructure
(1)

In general
Consistent with section 161(g) of the Atomic Energy Act of 1954 (42 U.S.C. 2201(g)), the Management and Operating contractors of the Department may enter into the lease-purchase of research facilities and infrastructure under the scope of their contract with the Department with the approval of the Secretary or their designee.
(2)

Limitations
To carry out lease-purchases approved by the Secretary under subsection (a), the Department shall only be required to have budget authority in an amount sufficient to cover the minimum required lease payments through the period required to exercise a termination provision in the lease agreement, plus any associated lease termination penalties, regardless of whether such leased facility and infrastructure is on or off Government land, and if—
(A)
the Department has established a mission need for the facility or infrastructure to be leased;
(B)
the facility or infrastructure is general purpose, including offices, laboratories, cafeterias, utilities, and data centers;
(C)
the Department is not a party to and has no financial obligations under the lease-purchase transaction entered into by the Management and Operating contractor, other than allowability of the lease cost and conveyance of Government land, if needed;
(D)
the lease-purchase has an advance notice termination provision with reasonable pre-defined penalties that the Management and Operating contractor may exercise, at the direction of the Department, if funding for the lease is no longer available or the mission need ceases to exist;
(E)
there is an option for a no cost transfer of ownership to the Government once the underlying financing is retired, but neither the Management and Operating contractor nor the Department are obligated to purchase the facility or infrastructure at any time during or after the lease term;
(F)
the lease-purchase transaction, assuming exercise of the ownership option, is demonstrated to be the lowest lifecycle cost alternative for the Government; and
(G)
the cumulative annual base rent for all lease-purchases of facilities and infrastructure, inclusive of any transactions under consideration, does not exceed 2 percent of the Management and Operating contract operating budget for the year the commitment is made for the lease.
(3)

Reporting
Not later than 1 year after the date of the enactment of the America COMPETES Act of 2022, and biennially thereafter, the Department shall submit to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, a report on the lease-purchase transactions that the Management and Operating contractors of the Department entered into under subsection (a) that includes—
(A)
a list of the lease-purchase transactions entered into by each Management and Operating contractor and their respective costs;
(B)
the annual percentage of each Management and Operating contract operating budget that is used for lease-purchase transactions for the year the commitments were made; and
(C)
any other information the Secretary determines to be appropriate.
(4)

Authorization period
The lease-purchases authorized under paragraph (1) may be entered into only during fiscal years 2022 through 2026.
(e)

Mid-Scale instrumentation program
The Director, in coordination with each of the programs carried out by the Office of Science, shall establish a mid-scale instrumentation program to enable the development and acquisition of novel, state-of-the-art instruments ranging in cost from $1 million to $20 million each that would significantly accelerate scientific breakthroughs at user facilities.
(f)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this section $500,000,000 for each of fiscal years 2022 through 2026.”.
10111.

Increased collaboration with teachers and scientists
(a)

In general
The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding after section 311, as added by this title, the following:
“312.

Increased collaboration with teachers and scientists
The Director shall support the development of a scientific workforce through programs that facilitate collaboration between K–12, university students, early-career researchers, faculty, and the National Laboratories, including through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills or undergraduate and graduate degrees relevant to the Office’s mission.”.
(b)

Authorization of appropriations
Section 3169 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381e) is amended—
(1)
by striking, “programs”, and inserting “programs, including the NSF INCLUDES National Network,”; and
(2)
by striking, “year 1991”, and inserting “years 2022 through 2026”.
(c)

Broadening participation in workforce development for teachers and scientists
(1)

In general
The Department of Energy Science Education Enhancement Act (42 U.S.C. 7381 et seq.) is amended by inserting the following sections after section 3167 (42 U.S.C. 7381c–1):
“3167A.

Broadening participation for teachers and scientists
(a)

In general
The Secretary shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in Department of Energy mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with Historically Black Colleges, Tribal Colleges, Minority Serving Institutions, emerging research institutions, institutions in rural and remote areas, and scientific societies.
(b)

Plan
Not later than 1 year after the date of enactment of the America COMPETES Act of 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public a plan for broadening participation of underrepresented groups in science, technology, engineering, and mathematics in programs supported by the Department programs, including—
(1)
a plan for supporting and leveraging the National Science Foundation INCLUDES National Network;
(2)
metrics for assessing the participation of underrepresented groups in Department programs;
(3)
experienced and potential barriers to broadening participation of underrepresented groups in Department programs, including recommended solutions; and
(4)
any other activities the Secretary finds appropriate.
(c)

Authorization of appropriations
Of the amounts authorized to be appropriated in section 3169 (42 U.S.C. 7381e), at least $2,000,000 are authorized to be appropriated each fiscal year for the activities described under this subsection.
3167B.

Expanding opportunities to increase the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals
(a)

In general
The Secretary shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in Department of Energy mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with Historically Black Colleges, Tribal Colleges, Minority Serving Institutions, emerging research institutions, and scientific societies.
(b)

Plan and Outreach strategy
(1)

Plan
Not later than 6 months after the date of enactment of the America COMPETES Act of 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 10-year educational plan to fund and expand new or existing programs administered by the Office of Science and sited at the National Laboratories and Department of Energy user facilities to expand educational and workforce opportunities for underrepresented high school, undergraduate, and graduate students as well as recent graduates, teachers and faculty in STEM fields. This may include paid internships, fellowships, temporary employment, training programs, visiting student and faculty programs, sabbaticals, and research support.
(2)

Outreach capacity
The Secretary shall include in the plan under paragraph (1) an outreach strategy to improve the advertising, recruitment, and promotion of educational and workforce programs to community colleges, Historically Black Colleges and Universities, Tribal Colleges, Minority Serving Institutions, and emerging research institutions.
(c)

Building research capacity
The Secretary shall develop programs that strengthen the research capacity relevant to Office of Science disciplines at emerging research institutions, including minority-serving institutions, tribal colleges and universities, Historically Black Colleges and Universities, and colleges and universities. This may include enabling mutually beneficial and jointly managed partnerships between research-intensive institutions and emerging research institutions, and soliciting research proposals, fellowships, training programs, and research support directly from emerging research institutions.
(d)

Traineeships
The Secretary shall establish a university-led Traineeship Program to address workforce training needs in STEM fields relevant to the Department. The focus should be on supporting training and research experiences for underrepresented undergraduate and graduate students and increasing participation from underrepresented populations. The traineeships should include opportunities to build the next-generation workforce in research areas critical to maintaining core competencies across the Office of Science’s programs.
(e)

Evaluation
The Secretary shall establish key performance indicators to measure and monitor progress of education and workforce programs and expand Departmental activities for data collection and analysis. The Secretary shall submit a report 2 years after the date of enactment of the America COMPETES Act of 2022, and every 2 years thereafter, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate summarizing progress toward meeting key performance indicators.
(f)

Definitions
In this section:
(1)

Minority-serving institution
The term minority-serving institution includes the entities described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(2)

Historically Black College and Universities
The term Historically Black Colleges and Universities has the meaning given in “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(3)

STEM
The term STEM means the field or disciplines listed in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).
(4)

Tribal colleges and universities
The term Tribal College or University has the meaning given in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).”.
(2)

Clerical amendment
The table of contents in section 2(b) of the National Defense Authorization Act for Fiscal Year 1991 is amended by inserting after the item relating to section 3167 the following:
“Sec. 3167A. Broadening participation for teachers and scientists.
Sec. 3167B. Expanding opportunities to increase the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals.”.
10112.

High intensity laser research initiative; Office of Science Emerging Infectious Disease Computing Research Initiative; helium conservation program; authorization of appropriations
(a)

In general
The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding at the end the following:
“313.

High intensity laser research initiative
(a)

In general
The Director shall establish a high intensity laser research initiative consistent with the recommendations of the National Academies report, “Opportunities in Intense Ultrafast Lasers: Reaching for the Brightest Light”, and the report from the Brightest Light Initiative workshop on “The Future of Intense Ultrafast Lasers in the U.S.”. This initiative should include research and development of petawatt-scale and of high average power laser technologies necessary for future facility needs in discovery science and to advance energy technologies, as well as support for a user network of academic and national laboratory high intensity laser facilities.
(b)

Leverage
The Director shall leverage new laser technologies for more compact, less complex, and low-cost accelerator systems needed for science applications.
(c)

Coordination
The Director shall coordinate this initiative among all relevant programs within the Office of Science, and the Under Secretary for Science shall coordinate this initiative with other relevant programs within the Department as well as within other Federal agencies.
(d)

Authorization of appropriations
Out of funds authorized to be appropriated for the Office of Science there are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$50,000,000 for fiscal year 2022;
(2)
$100,000,000 for fiscal year 2023;
(3)
$150,000,000 for fiscal year 2024;
(4)
$200,000,000 for fiscal year 2025; and
(5)
$250,000,000 for fiscal year 2026.
314.

Helium conservation program
(a)

In general
The Secretary shall establish a program to reduce the consumption of helium for Department grant recipients and facilities and encourage helium recycling and reuse. The program shall competitively award grants for—
(1)
the purchase of equipment to capture, reuse, and recycle helium;
(2)
the installation, maintenance, and repair of new and existing helium capture, reuse, and recycling equipment; and
(3)
helium alternatives research and development activities.
(b)

Report
In carrying out the program under this section, the Director shall submit to the Committee on Science, Space, and Technology of House of Representatives and the Committee on Energy and Natural Resources of the Senate a report, not later than two years after the date of enactment of the America COMPETES Act of 2022, and every 3 years thereafter, on the purchase of helium as part of research projects and facilities supported by the Department. The report shall include—
(1)
the quantity of helium purchased for projects and facilities supported by Department grants;
(2)
a cost-analysis for such helium;
(3)
the predominant production sources for such helium;
(4)
expected or experienced impacts of helium supply shortages or prices on the research projects and facilities supported by the Department; and
(5)
recommendations for reducing Department grant recipients’ exposure to volatile helium prices.
(c)

Coordination
In carrying out the program under this section, the Director shall coordinate with the National Science Foundation and other relevant Federal agencies on helium conservation activities.
(d)

Duration
The program established under this section shall receive support for a period of not more than 5 years, subject to the availability of appropriations.
(e)

Renewal
Upon expiration of any period of support of the program under this section, the Director may renew support for the program for a period of not more than 5 years.
315.

Office of Science Emerging Infectious Disease Computing Research Initiative
(a)

In general
The Secretary, in coordination with the Director of the National Science Foundation, the Secretary of Health and Human Services, and the Administrator of the National Aeronautics and Space Administration, shall establish within the Office of Science, a cross-cutting research initiative to leverage the Federal Government’s innovative analytical resources and tools, user facilities, and advanced computational and networking capabilities in order to prevent, prepare for, and respond to emerging infectious diseases, including COVID–19. The Secretary shall carry out this initiative through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, industry partners and other appropriate entities.
(b)

Activities
In carrying out the initiative established under subsection (a), the Secretary shall coordinate with programs across the Office of Science and with relevant Federal agencies to determine a comprehensive set of technical milestones for these research activities and prioritize the following objectives—
(1)
supporting fundamental research and development in advanced analytics, experimental studies, materials synthesis, high-performance computing technologies needed to characterize, model, simulate, and predict complex phenomena and biological materials related to emerging infectious diseases, including COVID–19 challenges, including a focus on testing and diagnostics, experimental data acquisition, sharing and management, advanced manufacturing, and molecular design and modeling;
(2)
using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may accelerate emerging infectious diseases research and development;
(3)
leveraging the research infrastructure of the Department, including scientific computing user facilities, x-ray light sources, neutron scattering facilities, nanoscale science research centers, and sequencing and bio-characterization facilities by coordinating with the Advanced Scientific Computing Research, Basic Energy Sciences, and Biological and Environmental Research programs within the Office of Science;
(4)
leveraging experience from existing modeling and simulation research and work sponsored by the Department and promoting collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities; and
(5)
ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities to address emerging infectious diseases, including COVID–19 challenges.
(c)

Coordination
In carrying out this initiative, the Secretary shall ensure, to the maximum extent practicable, coordination of these activities with the Department of Energy National Laboratories, institutions of higher education, and the private sector.
(d)

Emerging infectious diseases high performance computing research consortium
(1)

In general
The Secretary in coordination with the Director of the National Science Foundation, the Secretary of Health and Human Services, and the Director of the Office of Science and Technology Policy shall establish and operate an Emerging Infectious Diseases High Performance Computing Research Consortium (referred to in this section as the ‘Consortium’), to support the initiative under subsection (a) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, emerging infectious disease research and development through high performance computing and advanced data analytics technologies and processes.
(2)

Membership
The members of such consortium may include representatives from relevant Federal agencies, the private sector, institutions of higher education, which can each contribute relevant compute time, capabilities, or other resources.
(3)

Activities
The Consortium shall—
(A)
match applicants with available Federal and private sector computing resources;
(B)
consider supplemental awards for computing partnerships with Consortium members to qualifying entities on a competitive merit-review basis;
(C)
encourage collaboration and communication among member representatives of the consortium and awardees;
(D)
make available the high-performance computing capabilities, expertise, and user facilities of the Department and the National Laboratories; and
(E)
submit an annual report to the Secretary summarizing the activities of the Consortium, including—
(i)
describing each project undertaken by the Consortium;
(ii)
detailing organizational expenditures; and
(iii)
evaluating contribution to the achievement of technical milestones as determined in subsection (a).
(4)

Coordination
The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the Consortium with the activities of other research entities of the Department, institutions of higher education and the private sector.
(e)

Report
Not later than 2 years after the date of enactment of the America COMPETES Act of 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the effectiveness of—
(1)
the interagency coordination between each Federal agency involved in the research initiative carried out under this section;
(2)
the collaborative research achievements of the initiative, including the achievement of the technical milestones determined under subsection (a); and
(3)
potential opportunities to expand the technical capabilities of the Department.
(f)

Funding
From within funds authorized to be appropriated for the Department’s Office of Science, there are authorized to be appropriated to the Secretary to carry out the activities under this subsection, $50,000,000 for fiscal years 2022 and 2023.
(g)

Prohibition
(1)

In general
In carrying out this Act, the Secretary may not carry out gain-of-function research of concern.
(2)

Gain-of-function research defined
For the purposes of this subsection, “gain-of-function research of concern” means research activities with the potential to generate pathogens with high transmissibility and high virulence in humans.
316.

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities described in this title—
(1)
$8,801,915,000 for fiscal year 2022;
(2)
$9,546,015,300 for fiscal year 2023;
(3)
$10,395,677,621 for fiscal year 2024;
(4)
$10,948,625,004 for fiscal year 2025; and
(5)
$11,300,798,345 for fiscal year 2026.”.
(b)

Table of contents
Section 1(b) of the Department of Energy Research and Innovation Act is amended in the table of contents by inserting after the item relating to section 309 the following:
“Sec. 310. Accelerator research and development.
Sec. 311. Isotope Development and Production for Research Applications.
Sec. 312. Increased collaboration with teachers and scientists.
Sec. 313. High intensity laser research initiative.
Sec. 314. Helium conservation program.
Sec. 315. Office of Science Emerging Infectious Disease Computing Research Initiative.
Sec. 316. Authorization of appropriations.”.
10113.

State-owned enterprises prohibition
(a)

Innovate in America
In carrying out this title or the amendments made by this title, the Secretary may not award a contract, subcontract, grant, or loan to an entity that—
(1)
is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
(A)
is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this Act;
(B)
was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and
(C)
is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416); or
(2)
is listed pursuant to section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145).
(b)

Exception
For purposes of subsection (a), the Secretary may issue a waiver, to be made publicly available, to an entity in which the legal or financial connection to a corporation is a minority relationship or investment.
(c)

International agreements
This section shall be applied in a manner consistent with the obligations of the United States under international agreements.
10114.

Determination of Budgetary Effects
The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this title, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
10115.

National Virtual Biotechnology Laboratory
The Office of Science may allocate any funds authorized under this title to the National Virtual Biotechnology Laboratory so long as such allocation is in conformity with the purpose and any other requirements of such authorization.
10116.

Additional research
(a)

In general
The Secretary of Energy shall support research to advance adoption of integrated rooftop solar, distributed solar, and microgrid technologies.
(b)

Funding
There is authorized to be appropriated to carry out this section $50,000,000.
II

National Institute of Standards and Technology for the Future Act of 2021
10201.

Definitions
In this title:
(1)

Director
The term Director means the Director of the National Institute of Standards and Technology.
(2)

Framework
The term Framework means the Framework for Improving Critical Infrastructure Cybersecurity developed by the National Institute of Standards and Technology and referred to in Executive Order No. 13800 issued on May 11, 2017 (82 Fed. Reg. 22391 et seq.).
(3)

Historically black colleges and universities
The term historically Black colleges and universities has the same meaning given to the term part B institutions in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4)

Institute
The term Institute means the National Institute of Standards and Technology.
(5)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(6)

International standards organization
The term International Standards Organization has the meaning given such term in section 451 of the Trade Agreements Act of 1979 (19 U.S.C. 2571).
(7)

Minority serving institution
The term minority-serving institution' means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institutions, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution as described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(8)

Secretary
The term Secretary means the Secretary of Commerce.
(9)

Technical standards
The term technical standard has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995.
A

Appropriations
10211.

Authorization of appropriations
(a)

Fiscal year 2022
(1)

In general
There are authorized to be appropriated to the Secretary of Commerce $1,409,070,000 for the National Institute of Standards and Technology for fiscal year 2022.
(2)

Specific allocations
Of the amount authorized by paragraph (1)—
(A)
$915,570,000 is authorized to be appropriated for scientific and technical research and services laboratory activities, of which $9,000,000 is authorized to be appropriated for the Working Capital Fund;
(B)
$22,000,000 is authorized to be appropriated to the Director for the purpose of investigating the building collapse that occurred in Surfside, Florida on June 24, 2021, to understand the source of failure, to provide recommendations for how to rectify any shortcomings in existing building standards in order to prevent future similar disasters, and to inform future building codes for similar structures, in coordination with State and local offices and other Federal agencies as appropriate, consistent with the Institute’s responsibilities under the National Construction Safety Team Act of 2002 (Public Law 107–231);
(C)
$140,000,000 is authorized to be appropriated for the construction and maintenance of facilities, of which $80,000,000 is authorized to be appropriated for Safety, Capacity, Maintenance, and Major Repairs; and
(D)
$331,500,000 is authorized to be appropriated for industrial technology services activities, of which $275,000,000 is authorized to be appropriated for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l) and $56,500,000 is authorized to be appropriated for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).
(b)

Fiscal year 2023
(1)

In general
There are authorized to be appropriated to the Secretary of Commerce $1,518,800,000 for the National Institute of Standards and Technology for fiscal year 2023.
(2)

Specific allocations
Of the amount authorized by paragraph (1)—
(A)
$979,100,000 is authorized to be appropriated for scientific and technical research and services laboratory activities, of which $10,000,000 is authorized to be appropriated for the Working Capital Fund;
(B)
$200,000,000 is authorized to be appropriated for the construction and maintenance of facilities, of which $80,000,000 is authorized to be appropriated for Safety, Capacity, Maintenance, and Major Repairs, including $20,000,000 for IT infrastructure; and
(C)
$339,800,000 is authorized to be appropriated for industrial technology services activities, of which $283,300,000 is authorized to be appropriated for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l) and $56,500,000 is authorized to be appropriated for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).
(c)

Fiscal year 2024
(1)

In general
There are authorized to be appropriated to the Secretary of Commerce $1,595,800,000 for the National Institute of Standards and Technology for fiscal year 2024.
(2)

Specific allocations
Of the amount authorized by paragraph (1)—
(A)
$1,047,600,000 is authorized to be appropriated for scientific and technical research and services laboratory activities, of which $12,000,000 is authorized to be appropriated for the Working Capital Fund;
(B)
$200,000,000 is authorized to be appropriated for the construction and maintenance of facilities, of which $80,000,000 is authorized to be appropriated for Safety, Capacity, Maintenance, and Major Repairs, including $20,000,000 for IT infrastructure; and
(C)
$348,200,000 is authorized to be appropriated for industrial technology services activities, of which $291,700,000 is authorized to be appropriated for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l) and $56,500,000 is authorized to be appropriated for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).
(d)

Fiscal year 2025
(1)

In general
There are authorized to be appropriated to the Secretary of Commerce $1,677,900,000 for the National Institute of Standards and Technology for fiscal year 2025.
(2)

Specific allocations
Of the amount authorized by paragraph (1)—
(A)
$1,120,900,000 is authorized to be appropriated for scientific and technical research and services laboratory activities, of which $15,000,000 is authorized to be appropriated for the Working Capital Fund;
(B)
$200,000,000 is authorized to be appropriated for the construction and maintenance of facilities, of which $80,000,000 is authorized to be appropriated for Safety, Capacity, Maintenance, and Major Repairs, including $20,000,000 for IT infrastructure; and
(C)
$357,000,000 is authorized to be appropriated for industrial technology services activities, of which $300,500,000 is authorized to be appropriated for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l) and $56,500,000 is authorized to be appropriated for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).
(e)

Fiscal year 2026
(1)

In general
There are authorized to be appropriated to the Secretary of Commerce $1,765,400,000 for the National Institute of Standards and Technology for fiscal year 2026.
(2)

Specific allocations
Of the amount authorized by paragraph (1)—
(A)
$1,199,400,000 is authorized to be appropriated for scientific and technical research and services laboratory activities, of which $18,000,000 is authorized to be appropriated for the Working Capital Fund;
(B)
$200,000,000 is authorized to be appropriated for the construction and maintenance of facilities, of which $80,000,000 is authorized to be appropriated for Safety, Capacity, Maintenance, and Major Repairs, including $20,000,000 for IT infrastructure; and
(C)
$366,000,000 is authorized to be appropriated for industrial technology services activities, of which $309,500,000 is authorized to be appropriated for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 23 278l) and $56,500,000 is authorized to be appropriated for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).
B

Measurement Research
10221.

Engineering biology and biometrology
(a)

In general
The Director shall—
(1)
support basic measurement science, technology research for engineering biology, biomanufacturing, and biometrology to advance—
(A)
measurement technologies to support foundational understanding of the mechanisms of conversion of DNA information into cellular function, including both the natural and engineered production of biomolecules;
(B)
technologies for measurement of such biomolecular components and for complex engineered biological systems;
(C)
new data tools, techniques, and processes to improve engineering biology, biomanufacturing, and biometrology research; and
(D)
all other areas deemed by the Director to be critical to the development and deployment of engineering biology, biomanufacturing and biometrology;
(2)
support activities to inform and expand the development of measurements infrastructure needed to develop technical standards to establish interoperability and facilitate commercial development of biomolecular measurement technology and engineering biology applications;
(3)
convene industry, institutions of higher education, nonprofit organizations, Federal laboratories, and other Federal agencies engaged in engineering biology research and development to develop coordinated technical roadmaps for authoritative measurement of the molecular components of the cell;
(4)
provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing;
(5)
establish or expand collaborative partnerships or consortia with other Federal agencies engaged in engineering biology research and development, institutions of higher education, Federal laboratories, and industry to advance engineering biology applications; and
(6)
support graduate and post graduate research and training in biometrology, biomanufacturing, and engineering biology.
(b)

Definitions
For purposes of this section, the term Engineering Biology means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimized functions and capabilities.
(c)

Rule of construction
Nothing in this section shall be construed to alter the policies, processes, or practices of individual Federal agencies in effect on the day before the date of the enactment of this Act relating to the conduct of biomedical research and advanced development, including the solicitation and review of extramural research proposals.
(d)

Controls
In carrying out activities authorized by this section, the Secretary shall ensure proper security controls are in place to protect sensitive information, as appropriate.
10222.

Greenhouse gas measurement research
(a)

Greenhouse gas measurement program
(1)

In general
The Director, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Science Foundation, and other Federal agencies, as appropriate, shall carry out a measurement research program to inform the development of best practices, benchmarks, methodologies, procedures, and technical standards for the measurement of greenhouse gas emissions and to assess and improve the performance of greenhouse gas emissions measurement systems placed in-situ and on space-based platforms.
(2)

Activities
In carrying out such a program, the Director may—
(A)
conduct research and testing to improve the accuracy, efficacy, and reliability of the measurement of greenhouse gas emissions at a range of scales that covers direct measurement at the component or process level through atmospheric observations;
(B)
conduct research to create novel measurement technologies and techniques for the measurement of greenhouse gas emissions;
(C)
convene and engage with relevant Federal agencies and stakeholders to establish common definitions and characterizations for the measurement of greenhouse gas emissions, taking into account any existing United States and international technical standards and guidance;
(D)
conduct outreach and coordination to share technical expertise with relevant industry and non-industry stakeholders and standards development organizations to assist such entities in the development of best practices and technical standards for greenhouse gas emissions measurements;
(E)
in coordination with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency, develop such standard reference materials as the Director determines is necessary to further the development of such technical standards, taking into account any existing United States or international standards;
(F)
coordinate with the National Oceanic and Atmospheric Administration to ensure data are managed, stewarded, and archived at all levels and promote full and open exchange at Federal and State levels, and with academia, industry, and other users; and
(G)
coordinate with international partners, including international standards organizations, to maintain global greenhouse gas measurement technical standards.
(3)

Test beds
In coordination with the private sector, institutions of higher education, State and local governments, the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and other Federal agencies, as appropriate, the Director may continue to develop and manage testbeds to advance research and standards development for greenhouse gas emissions measurements from in-situ and space-based platforms.
(4)

Greenhouse gas measurement center of excellence
(A)

In general
The Director, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall award to an institution of higher education or an eligible nonprofit organization (or a consortium thereof), on a merit-reviewed, competitive basis, funds to establish a Center of Excellence in Greenhouse Gas Measurement.
(B)

Collaborations
The Director shall require, as a condition of receipt of the award under this paragraph, that the activities of the Center of Excellence include collaboration among public and private organizations, including institutions of higher education, nonprofit organizations, private sector entities, and State, tribal, territorial, and local officials.
(C)

Purpose
The purpose of the Center of Excellence shall be to—
(i)
advance measurement science, data analytics, and modeling at a range of scales that covers direct measurement at the component or process level through atmospheric observations to improve the accuracy of greenhouse gas emissions measurement, validation, and attribution to specific underlying activities and processes;
(ii)
test and evaluate the performance of existing capabilities, and inform and improve best practices, benchmarks, methodologies, procedures, and technical standards, for the measurement and validation of greenhouse gas emissions at scales noted in clause (i);
(iii)
educate and train students in measurement science, computational science, and systems engineering research relevant to greenhouse gas emissions measurements;
(iv)
foster collaboration among academic researchers, private sector stakeholders, and State, Tribal, territorial, and local officials;
(v)
support Institute test beds as described in subsection (a)(3); and
(vi)
collaborate with other Federal agencies to conduct outreach and coordination to share technical expertise with relevant public and private sector stakeholders, including academia, State, Tribal, territorial, local officials, and international partners to assist such entities in measuring greenhouse gas emissions.
(D)

Requirements
(i)

In general
An institution of higher education or an eligible nonprofit organization (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.
(ii)

Applications
Each application made under clause (i) shall include a description of—
(I)
how the Center will work with other research institutions, industry partners, and State and local officials to identify research, testing, and technical standards needs relevant to greenhouse gas emissions;
(II)
how the Center will promote active collaboration among researchers in multiple disciplines involved in the measurement of greenhouse gas emissions; and
(III)
how the Center will share technical expertise with relevant public and private sector stakeholders, including state and local officials, to assist such entities in measuring greenhouse gas emissions.
(iii)

Selection and duration
Each Center established under this section is authorized to carry out activities for a period of 5 years, renewable for an additional 5 years at the discretion of the Director, in consultation with other Federal agencies as appropriate.
10223.

NIST authority for cybersecurity and privacy activities
Section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272 et seq.) is amended—
(1)
in subsection (c)—
(A)
in paragraph (16), by striking the period at the end and inserting a semicolon;
(B)
by redesignating paragraphs (16) through (27) as paragraphs (21) through (32), respectively; and
(C)
by inserting after paragraph (15) the following:
“(16)
support information security measures for the development and lifecycle of software and the software supply chain, including development of voluntary, consensus-based technical standards, best practices, frameworks, methodologies, procedures, processes, and software engineering toolkits and configurations;
(17)
support information security measures, including voluntary, consensus-based technical standards, best practices, and guidelines, for the design, adoption and deployment of cloud computing services;
(18)
support research, development, and practical application to improve the usability of cybersecurity processes and technologies;
(19)
facilitate and support the development of a voluntary, consensus-based set of technical standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively ensure appropriate privacy protections for personally identifiable information in systems, technologies, and processes used by both the public and private sector;
(20)
support privacy measures, including voluntary, consensus-based technical standards, best practices, guidelines, metrology, and testbeds for the design, adoption and deployment of privacy enhancing technologies;”; and
(2)
in subsection (e)(1)(A)—
(A)
in clause (viii), by striking “and” at the end;
(B)
by redesignating clause (ix) as clause (xi); and
(C)
by inserting after clause (viii) the following:
“(ix)
conduct reviews of and create impact metrics for cybersecurity solutions and capabilities developed by the Institute for purposes of improvement;”.
10224.

Software security and authentication
(a)

Vulnerabilities in open source software
The Director shall assess and assign severity metrics to identified vulnerabilities with open source software and produce voluntary guidance to assist the entities that maintain open source software repositories to discover and mitigate vulnerabilities.
(b)

Artificial intelligence-Enabled defenses
The Director shall carry out research and testing to improve the effectiveness of artificial intelligence-enabled cybersecurity, including by generating optimized data sets to train artificial intelligence defense systems and evaluating the performance of varying network architectures at strengthening network security.
(c)

Authentication of Institute software
The Director shall ensure all software released by the Institute is digitally signed and maintained to enable stakeholders to verify its authenticity and integrity upon installation and execution.
(d)

Assistance to inspectors general
The Director shall provide technical assistance to improve the education and training of individual Federal agency Inspectors General and staff who are responsible for the annual independent evaluation they are required to perform of the information security program and practices of Federal Agencies under section 3555 of title 44, United States Code.
(e)

Software Supply Chain Security Practices
(1)

In general
The Director shall, in coordination with industry, academia, and other Federal agencies, as appropriate, develop a set of security outcomes and practices, including security controls, control enhancements, supplemental guidance, or other supporting information to enable software developers and operators to identify, assess, and manage cyber risks over the full lifecycle of software products.
(2)

Outreach
The Director shall conduct outreach and coordination activities to share technical expertise with Federal agencies, relevant industry stakeholders, and standards development organizations, as appropriate, to encourage the voluntary adoption of the software lifecycle security practices by Federal agencies and industry stakeholders.
10225.

Digital identity management research
Section 504 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7464) is amended to read as follows:
“504.

Identity management research and development
(a)

In general
The Director shall carry out a program of research to support the development of voluntary, consensus-based technical standards, best practices, benchmarks, methodologies, metrology, testbeds, and conformance criteria for identity management, taking into account appropriate user concerns—
(1)
to improve interoperability and portability among identity management technologies;
(2)
to strengthen identity proofing and verification methods used in identity management systems, including identity and attribute validation services provided by Federal, State, and local governments;
(3)
to improve privacy protection in identity management systems through authentication and security protocols; and
(4)
to monitor and improve the accuracy, usability, and inclusivity of identity management systems.
(b)

Digital identity technical roadmap
The Director, in consultation with other relevant Federal agencies and stakeholders from the private sector, shall develop and maintain a technical roadmap for digital identity management research and development focused on enabling the voluntary use and adoption of modern digital identity solutions that align with the four criteria in subsection (a).
(c)

Digital identity management guidance
(1)

In general
The Director shall develop, and periodically update, in collaboration with other public and private sector organizations, common definitions and voluntary guidance for digital identity management systems, including identity and attribute validation services provided by Federal, State, and local governments.
(2)

Guidance
The Guidance shall—
(A)
align with the four criteria in subsection (a), as practicable;
(B)
provide case studies of implementation of guidance;
(C)
incorporate voluntary technical standards and industry best practices; and
(D)
not prescribe or otherwise require the use of specific technology products or services.
(3)

Consultation
In carrying out this subsection, the Director shall consult with—
(A)
Federal and State agencies;
(B)
industry;
(C)
potential end-users and individuals that will use services related to digital identity verification; and
(D)
experts with relevant experience in the systems that enable digital identity verification, as determined by the Director.”.
10226.

Biometrics research and testing
(a)

In general
The Secretary, acting through the Director, shall establish a program to support measurement research to inform the development of best practices, benchmarks, methodologies, procedures, and voluntary, consensus-based technical standards for biometric identification systems, including facial recognition systems, to assess and improve the performance of such systems. In carrying out such program, the Director may—
(1)
conduct research to support efforts to improve the performance of biometric identification systems, including in areas related to conformity assessment, image quality and interoperability, contactless biometric capture technologies, and human-in-the-loop biometric identification systems and processes;
(2)
convene and engage with relevant stakeholders to establish common definitions and characterizations for biometric identification systems, including accuracy, fairness, bias, privacy, consent, and other properties, taking into account definitions in relevant international technical standards and other publications;
(3)
carry out research and testing on a range of biometric modalities, such as fingerprints, voice, iris, face, vein, behavioral biometrics, genetics, multimodal biometrics, and emerging applications of biometric identification technology;
(4)
study the use of privacy-enhancing technologies and other technical protective controls to facilitate access to public data sets for biometric research;
(5)
conduct outreach and coordination to share technical expertise with relevant industry and non-industry stakeholders and standards development organizations to assist such entities in the development of best practices and voluntary technical standards; and
(6)
develop such standard reference artifacts as the Director determines is necessary to further the development of such voluntary technical standards.
(b)

Biometrics vendor test program
(1)

In general
The Secretary, acting through the Director, shall carry out a test program to provide biometrics vendors the opportunity to test biometric identification technologies across a range of modalities.
(2)

Activities
In carrying out the program under this subsection, the Director shall—
(A)
conduct research and regular testing to improve and benchmark the accuracy, efficacy, and bias of biometric identification systems, including research and testing on demographic variations, capture devices, presentation attack detection, partially occluded or computer generated images, privacy and security designs and controls, template protection, de-identification, and comparison of algorithm, human, and combined algorithm-human recognition capability;
(B)
develop an approach for testing software and cloud-based biometrics applications, including remote systems, in Institute test facilities;
(C)
establish reference use cases for biometric applications and performance criteria for assessing each use case, including accuracy and bias metrics;
(D)
produce public-facing reports of the findings from such testing for a general audience; and
(E)
conduct such other activities as deemed necessary by the Director.
(c)

GAO report to Congress
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a detailed report to Congress on the impact of biometric identification systems on historically marginalized communities, including low-income communities and minority religious, racial, and ethnic groups. Such report should be made publicly available on an internet website.
10227.

Federal biometric performance standards
Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3) is amended in subsection (b)—
(1)
in paragraph (2), by striking “and” after the semicolon;
(2)
in paragraph (3), by striking the period and inserting “; and”; and
(3)
by adding at the end the following:
“(4)
performance standards and guidelines for high risk biometric identification systems, including facial recognition systems, accounting for various use cases, types of biometric identification systems, and relevant operational conditions.”.
10228.

Protecting research from cyber theft
Section 2(e)(1)(A) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)(A)), as amended by section 10223(2), is further amended by inserting after clause (ix), as added by section 10223(2)(C), the following:
“(x)
consider institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and”.
10229.

Dissemination of resources for research institutions
(a)

Dissemination of resources for research institutions
(1)

In general
Not later than one year after the date of the enactment of this Act, the Director shall, using the authorities of the Director under subsections (c)(15) and (e)(1)(A)(ix) of section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272), as amended by section 10228, disseminate and make publicly available resources to help qualifying institutions identify, assess, manage, and reduce their cybersecurity risk related to conducting research.
(2)

Requirements
The Director shall ensure that the resources disseminated pursuant to paragraph (1)—
(A)
are generally applicable and usable by a wide range of qualifying institutions;
(B)
vary with the nature and size of the qualifying institutions, and the nature and sensitivity of the data collected or stored on the information systems or devices of the qualifying institutions;
(C)
include elements that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist qualifying institutions in mitigating common cybersecurity risks;
(D)
include case studies, examples, and scenarios of practical application;
(E)
are technology-neutral and can be implemented using technologies that are commercial and off-the-shelf; and
(F)
to the extent practicable, are based on international technical standards.
(3)

National cybersecurity awareness and education program
The Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451).
(4)

Updates
The Director shall review periodically and update the resources under paragraph (1) as the Director determines appropriate.
(5)

Voluntary resources
The use of the resources disseminated under paragraph (1) shall be considered voluntary.
(b)

Other federal cybersecurity requirements
Nothing in this section may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies.
(c)

Definitions
In this section:
(1)

Qualifying Institutions
The term qualifying institutions means institutions of higher education that are classified as either very-high research intensive (R1) or high research intensive (R2) status universities by the Carnegie Classification of Academic Institutions.
(2)

Resources
The term resources means guidelines, tools, best practices, technical standards, methodologies, and other ways of providing information.
10230.

Advanced communications research
The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended—
(1)
by redesignating section 35 as section 36; and
(2)
by inserting after section 34 the following:
“35.

Advanced communications research activities
(a)

Advanced communications research
(1)

In general
The Director, in consultation with the Administrator of the National Telecommunications and Information Administration, the Director of the National Science Foundation, and heads of other Federal agencies, as appropriate, shall carry out a program of measurement research for advanced communications technologies.
(2)

Research areas
Research areas may include—
(A)
radio frequency emissions and interference, including technologies and techniques to mitigate such emissions;
(B)
advanced antenna arrays and artificial intelligence systems capable of operating advanced antenna arrays;
(C)
artificial intelligence systems to enable internet of things networks, immersive technology, and other advanced communications technologies;
(D)
network sensing and monitoring technologies;
(E)
technologies to enable spectrum flexibility and agility;
(F)
optical and quantum communications technologies;
(G)
security of advanced communications systems;
(H)
public safety communications;
(I)
resilient internet of things applications for advanced manufacturing; and
(J)
other research areas deemed necessary by the Director.
(3)

Test beds
In coordination with the Assistant Secretary for Communications and Information, the private sector, and other Federal agencies as appropriate, the Director may develop and manage testbeds for research and development of advanced communications technologies, avoiding duplication of existing testbeds run by other agencies or the private sector.
(4)

Outreach
In carrying out the activities under this subsection, the Director shall seek input from other Federal agencies and from private sector stakeholders, on an ongoing basis, to help inform research and development priorities, including through workshops and other multi-stakeholder activities.
(5)

Technical roadmaps
In carrying out the activities under this subsection, the Director shall convene industry, institutions of higher education, nonprofit organizations, Federal laboratories, and other Federal agencies engaged in advanced communications research and development to develop, and periodically update, coordinated technical roadmaps for advanced communications research in priority areas, such as those described in paragraph (2).
(b)

National advanced spectrum and communications test network
(1)

In general
The Director, in coordination with the Administrator of the National Telecommunications and Information Administration and heads of other Federal agencies, as appropriate, shall operate a national network of government, academic, and commercial test capabilities and facilities to be known as the National Advanced Spectrum and Communications Test Network (referred to in this section as ‘NASCTN’).
(2)

Purposes
NASCTN shall be for the purposes of facilitating and coordinating the use of intellectual capacity, modeling and simulation, laboratory facilities, and test facilities to meet national spectrum interests and challenges, including—
(A)
measurements and analyses of electromagnetic propagation, radio systems characteristics, and operating techniques affecting the utilization of the electromagnetic spectrum in coordination with specialized, related research and analysis performed by other Federal agencies in their areas of responsibility;
(B)
conducting research and analysis in the general field of telecommunications sciences in support of the Institute’s mission and in support of other Government agencies;
(C)
developing methodologies for testing, measuring, and setting guidelines for interference;
(D)
conducting interference tests to better understand the impact of Federal and commercial spectrum activities;
(E)
conducting research and testing to improve spectrum interference tolerance, flexibility, agility, and interference mitigation methods; and
(F)
other activities as deemed necessary by the Director.”.
10231.

Neutron scattering
(a)

Strategic plan for the Institute neutron reactor
The Director shall develop a strategic plan for the future of the NIST Center for Neutron Research after the current neutron reactor is decommissioned, including—
(1)
a succession plan for the reactor, including a roadmap with timeline and milestones;
(2)
conceptual design of a new reactor and accompanying facilities, as appropriate; and
(3)
a plan to minimize disruptions to the user community during the transition.
(b)

Coordination with the department of energy
The Secretary, acting through the Director, shall coordinate with the Secretary of Energy on issues related to Federal support for neutron science, including estimation of long-term needs for research using neutron sources, and planning efforts for future facilities to meet such needs.
(c)

Report to congress
Not later than 18 months after the enactment of this Act, the Director shall submit to Congress the plan required under subsection (a), and shall notify Congress of any substantial updates to such plan in subsequent years.
10232.

Quantum information science
(a)

In general
The Director shall continue to prioritize and carry out activities authorized in the National Quantum Initiative Act (15 U.S.C. 8801).
(b)

Quantum research
Section 201(a) of the National Quantum Initiative Act (15 U.S.C. 8831) is amended—
(1)
by redesignating paragraphs (3) through (4) as paragraphs (6) through (7); and
(2)
by inserting after paragraph (2) the following:
“(3)
shall carry out research to facilitate the development and standardization of quantum cryptography and post-quantum classical cryptography;
(4)
shall carry out research to facilitate the development and standardization of quantum networking and communications technologies and applications, including—
(A)
quantum repeater technology;
(B)
quantum network traffic management;
(C)
quantum transduction;
(D)
long baseline entanglement and teleportation; and
(E)
such other technologies, processes, or applications as the Director considers appropriate;
(5)
for quantum technologies deemed by the Director to be at a readiness level sufficient for standardization, shall provide technical review and assistance to such other Federal agencies as the Director considers appropriate for the development of quantum network infrastructure standards;”.
10233.

Artificial intelligence
(a)

In General
The Director shall continue to support the development of artificial intelligence and data science, and carry out the activities of the National Artificial Intelligence Initiative Act of 2020 authorized in division E of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), including through—
(1)
expanding the Institute’s capabilities, including scientific staff and research infrastructure;
(2)
supporting measurement research and development for advanced computer chips and hardware designed for artificial intelligence systems;
(3)
supporting the development of technical standards and guidelines that promote safe and trustworthy artificial intelligence systems;
(4)
creating a framework for managing risks associated with artificial intelligence systems;
(5)
developing and publishing cybersecurity tools, encryption methods, and best practices for artificial intelligence and data science; and
(6)
creating an office to study bias in the use of artificial intelligence systems and publish guidance to reduce disparate impacts on historically marginalized communities.
(b)

Testbeds
In coordination with other Federal agencies as appropriate, the private sector, and institutions of higher education, the Director may establish testbeds to examine artificial intelligence and machine learning systems in virtual environments for vulnerabilities that may lead to failure, malfunction, or attacks under a wide range of conditions.
10234.

Sustainable Chemistry Research and Education
In accordance with section 263 of the National Defense Authorization Act for Fiscal Year 2021, the Director shall carry out activities in support of sustainable chemistry, including coordinating and partnering with academia, industry, non-profits, and other entities in activities to support clean, safe, and economic alternatives, technologies, and methodologies to traditional chemical products and processes.
10235.

Premise plumbing research
(a)

In general
The Secretary, acting through the Director, shall create a program, in consultation with the Environmental Protection Agency, for premise plumbing research, including to—
(1)
conduct metrology research on premise plumbing in relation to water safety, security, efficiency, sustainability, and resilience; and
(2)
coordinate research activities with academia, the private sector, nonprofits, and other Federal agencies.
(b)

Definitions
For purposes of this section, the term premise plumbing means the water distribution system located within the property lines of a property, including all buildings and permanent structures on such property. Such term includes building supply and distribution pipes, fixtures, fittings, water heaters, water-treating and water-using equipment, and all respective joints, connections, devices, and appurtenances.
C

General Activities
10241.

Educational outreach and support for underrepresented communities
Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–1) is amended—
(1)
in subsection (a), in the second sentence—
(A)
by striking “may” and inserting “shall”; and
(B)
by striking “academia” and inserting “diverse types of institutions of higher education, including minority-serving institutions and community colleges”; and
(2)
in subsection (e)—
(A)
in paragraph (4), by striking “and” at the end;
(B)
in paragraph (5), by striking the period at the end and inserting “; and”; and
(C)
by inserting after paragraph (5) the following:
“(6)
conduct outreach to and develop research collaborations with historically Black colleges and universities and minority-serving institutions, including through the recruitment of students and faculty at such institutions to participate in programs developed under paragraph (3);
(7)
conduct outreach to and develop research collaborations with community colleges, including through the recruitment of students and faculty at such institutions to participate in programs developed under paragraph (3);
(8)
carry out other activities to increase the participation of persons historically underrepresented in STEM in the Institute’s programs; and
(9)
conduct outreach to and develop collaborations with nontraditional educational organizations, including those that offer training through non-profit associations and professional associations or professional societies, to engage persons historically underrepresented in STEM through programs developed under this subsection.”.
10242.

Other transactions authority
Section 2(b)(4) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)) is amended to read as follows:
“(4)
to enter into and perform such contracts, including cooperative research and development arrangements and grants and cooperative agreements or other transactions, as may be necessary in the conduct of its work and on such terms as it may deem appropriate, in furtherance of the purposes of this Act;”.
10243.

Report to congress on collaborations with government agencies
Not later than 6 months after the date of the enactment of this Act, the Director shall submit a report to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate describing the Institute’s challenges with respect to collaboration between the Institute and other Federal agencies. The report shall include, at a minimum—
(1)
an assessment of the challenges that arise with interagency collaboration, including transfer of funds with a limited period of availability to the Institute and issues with sharing personnel, associates, facilities, and property with collaborating agencies; and
(2)
descriptions of projects that were disrupted due to the challenges outlined in paragraph (1).
10244.

Hiring critical technical experts
Section 6 of the National Institute of Standards and Technology Act is amended to read as follows:
“6.

Hiring critical technical experts
(a)

In general
The officers and employees of the Institute, except the director, shall be appointed by the Secretary at such time as their respective services may become necessary.
(b)

Hiring critical technical experts
Notwithstanding section 3104 of title 5 or the provisions of any other law relating to the appointment, number, classification, or compensation of employees, the Secretary shall have the authority to make appointments of scientific, engineering, and professional personnel, and to fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3. The Director shall appoint not more than 15 personnel under this section.
(c)

Sunset
The authority under section (b) shall expire on the date that is 5 years after the date of enactment of this section.”.
10245.

International standards development
(a)

International standards engagement
(1)

In general
The Director shall lead information exchange and coordination among Federal agencies and communication from Federal agencies to the private sector of the United States to ensure effective Federal engagement in the development and use of international technical standards.
(2)

Requirements
To support private sector-led engagement and ensure effective Federal engagement in the development and use of international technical standards, the Director shall consider—
(A)
the role and needs of the Federal Government with respect to international technical standards;
(B)
organizations developing international technical standards of interest to the United States, United States representation and influence in these organizations, and key contributors for technical and leadership expertise in these organizations;
(C)
support for persons with domain subject matter expertise, especially from small businesses located in the United States, to influence and engage in technical standards leadership positions, working groups and meetings;
(D)
opportunities for partnerships for supporting international technical standards from across the Federal Government, Federally funded research and development centers, university-affiliated research centers, institutions of higher education, industry, industry associations, nonprofit organizations, and other key contributors;
(E)
support for activities to encourage the adoption of technical standards developed in the United States to be adopted by international standards organizations; and
(F)
other activities determined by the Director to be necessary to support United States participation in international standards development, economic competitiveness, and national security in the development and use of international technical standards.
(b)

Capacity building guidance
The Director shall support education and workforce development efforts to promote United States participation in international standards organizations. The Director shall—
(1)
identify and create, as appropriate, technical standards education and training resources for interested businesses, industry associations, academia, nonprofits, Federal agencies, and other relevant standards contributors, including activities targeted at integrating standards content into undergraduate and graduate curricula in science, engineering, business, public policy, and law;
(2)
conduct outreach, including to private sector leaders, to support engagement by more United States stakeholders in international technical standards development; and
(3)
other activities deemed necessary by the Director to support increased engagement, influence, and leadership of United States organizations in the development of international technical standards.
(c)

Capacity building pilot program
(1)

In general
The Director, in coordination with the Director of the National Science Foundation, the Administrator of the Small Business Administration and the heads of other relevant Federal agencies, as appropriate, shall establish a 5-year pilot program to award grants, on a merit-reviewed, competitive basis, to private sector entities, institutions of higher education, or nonprofit institutions based in the United States to support increased participation by small business and academic interests in international standards organizations.
(2)

Activities
In carrying out the pilot programs established in subsection (c), the Director shall award competitive, merit-reviewed grants to covered entities to cover the reasonable costs, up to a specified ceiling set by the Director, of activities supporting increased engagement and leadership of employees of small businesses and faculty of institutions of higher education or other nonprofit research institutions with subject matter and technical expertise necessary to be conributers in international standards organizations.
(3)

Award criteria
The Director may only provide a grant under this section to an eligible recipient that—
(A)
demonstrates deep technical standards expertise;
(B)
demonstrates knowledge with the processes of the standards development organization in which the recipient intends to engage using grant funds;
(C)
proposes a feasible set of standard deliverables to be completed over the period of the grant;
(D)
explains how the recipient will fund the standards work supported by the grant if the grant funds are insufficient to cover all costs of the work; and
(E)
commits personnel with appropriate expertise to engage in relevant international organizations responsible for developing technical standards over the period of the grant.
(4)

Eligibility
A small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632) based in the United States, an institution of higher education (as defined by section 102 of the Higher Education Act of 1965 (20 U.S. C. 1002)), or a nonprofit institution as defined in section 4(5) of the Stevenson-Wydler Act (15 U.S.C. 3703) shall be eligible to receive grants under this program.
(5)

Prioritization
The Director may prioritize grants awarded under this section to eligible recipients for standards development proposals that address clearly defined current or anticipated market needs or gaps that would not be met without the grant.
(6)

Application
An eligible recipient seeking funding under subsection (c) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.
(7)

Merit review process
Not later than 90 days after the enactment of this Act, the Director shall establish a merit review process, including the creation of merit review panels made of experts from government and the private sector, to evaluate the application under paragraph (6) to ensure applications submitted are reviewed in a fair, competitive, transparent, and in-depth manner.
(8)

Consultation
In carrying out the pilot program established under subsection (c), the Director shall consult with other Federal agencies, private sector organizations, institutions of higher education, and nonprofit organizations to help inform the pilot program, including selection criteria, applicant disclosure requirements, grant amount and duration, and the merit review process.
(9)

Report to Congress
The Director shall brief Congress after the second year of the pilot program and each year following that includes the following:
(A)
An assessment of the effectiveness of the pilot program for improving the participation of United States small businesses, United States institutions of higher education, or other nonprofit research institutions in international standards organizations, including—
(i)
the type of activities supported, including leadership roles;
(ii)
the international standards organizations participated in; and
(iii)
the technical areas covered by the activities.
(B)
If deemed effective, a plan for permanent implementation of the pilot program.
(d)

Reaffirming the importance of voluntary consensus-Based international standards bodies
To the extent applicable, the Institute, when preparing standards, participating in voluntary consensus standard bodies, and engaging in a standards development process that is open to participation from Chinese firms and state-owned enterprises of the People’s Republic of China, the process should include the following attributes that are easily accessible, clear, and unambiguous:
(1)
Transparency.
(2)
Openness.
(3)
Impartiality and Consensus.
(4)
Effectiveness and Relevance.
(5)
Coherence.
(6)
Development Dimension.
10246.

Standard technical update
(a)

National Institute of Standards and Technology Act updates
The National Institute of Standards and Technology Act (15 U.S.C. 271) is amended—
(1)
in section 15—
(A)
in subsection (b), by striking the period at the end and inserting a semicolon;
(B)
in subsection (g), by striking “and” after the semicolon; and
(C)
by striking the period at the end and inserting “; and (i) the protection of Institute buildings and other plant facilities, equipment, and property, and of employees, associates, or visitors, located therein or associated therewith, notwithstanding any other provision of law, the direction of such of the officers and employees of the Institute as the Secretary deems necessary in the public interest hereafter to carry firearms while in the conduct of their official duties, and the authorization of employees of contractors and subcontractors of the Institute who are engaged in the protection of property owned by the United States, and located at facilities owned by, leased, used or under the control of the United States, to carry firearms while in the conduct of their official duties, and, under regulations prescribed by the Secretary and approved by the Attorney General, the authorization of officers and employees of the Institute and of its contractors and subcontractors authorized to carry firearms hereafter to arrest without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided that such authority to make arrests may be exercised only while guarding and protecting buildings and other plant facilities, equipment, and property owned or leased by, used or under the control of, the United States under the administration and control of the Secretary.”; and
(2)
by amending section 17(a) to read as follows:
“(a)
The Secretary is authorized, notwithstanding any other provision of law, to expend such sums, within the limit of appropriated funds, as the Secretary may deem desirable through direct support for activities of international organizations and foreign national metrology institutes with which the Institute cooperates to advance measurement methods, technical standards, and related basic technologies, for official representation, to host official receptions, dinners, and similar events, and to otherwise extend official courtesies, including transportation of foreign dignitaries and representatives of foreign national metrology institutes to and from the Institute, for the purpose of maintaining the standing and prestige of the Department of Commerce and the Institute, through the grant of fellowships or other appropriate form of financial or logistical assistance or support to foreign nationals not in service to the Government of the United States while they are performing scientific or engineering work at the Institute or participating in the exchange of scientific or technical information at the Institute.”.
(b)

Stevenson-Wydler updates
Section 17(c)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(1)) is amended—
(1)
by moving each of subparagraphs (D) and (E) two ems to the left; and
(2)
by adding at the end the following:
“(G)
Community.”.
(c)

American Innovation and Competitiveness Act update
Section 113 of the American Innovation and Competitiveness Act (15 U.S.C. 278e note) is repealed.
(d)

Clerical Amendment
The item relating to section 113 in the table of contents in section 1(b) of the American Innovation and Competitiveness Act is repealed.
(e)

Federal Energy Management Improvement Act update
Section 4 of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001) is amended—
(1)
by striking “Secretary of Commerce” and “Secretary” each place either such term appears and inserting “Consumer Product Safety Commission”;
(2)
by redesignating the second subsection (c) as subsection (e); and
(3)
in subsection (g), by redesignating clauses (i) and (ii) as paragraphs (1) and (2), respectively.
10247.

GAO study of NIST research security policies and protocols
(a)

Evaluation
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of the Institute’s policies and protocols to protect its research and combat undue foreign influence.
(b)

Matters to be included
The study conducted under subsection (a) shall include, to the extent practicable, the following:
(1)
An analysis of steps taken by the Institute to address foreign threats to Institute-funded research over the previous 5 years.
(2)
An analysis of the coordination and engagement between the Department of Commerce’s Office of Inspector General, the Department of Commerce’s Office of Intelligence, the National Counterintelligence and Security Center of the Office of the Director of National Intelligence, and the Institute in identifying and addressing concerning findings.
(3)
An assessment of the Institute’s review process for Foreign National associates.
(4)
An assessment of the Institute’s policies as it relates to employees and associates participating in foreign talent recruitment programs.
(5)
An assessment of the Institute’s implementation of conflict-of-interest and disclosure policies and requirements, including the disclosure requirements authorized in section 223 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(6)
An assessment of the Institute’s, the Department of Commerce’s Office of Security, the Department of Commerce’s Office of Intelligence, and the Department of Commerce’s Office of Inspector General’s ability to monitor and enforce conflict-of-interest and disclosure policies and requirements, including the disclosure requirements authorized in section 223 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(7)
An assessment of the Institute’s, the Department of Commerce’s, and the Department of Commerce’s Office of Inspector General’s ability to conduct risk assessments of research and development award applications and disclosures to the Institute.
(8)
An assessment of the Institute’s research security training programs for both internal and externally-supported researchers and associates, including training focused on international collaboration, and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest.
(9)
An analysis and summary of incidents of undue foreign influence at Institute-supported research facilities and programs over the past 10 years.
(10)
Recommendations for the Institute to bolster its research security policies and protocols.
(11)
Other matters the Comptroller General determines appropriate.
(c)

Congressional briefing
Not later than 180 days after the date of enactment of this Act, the Comptroller General shall brief the Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee of Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate on the findings available from the evaluation conducted under subsection (a).
(d)

Report
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the congressional committees specified in subsection (c) a report on the findings and recommendations of the evaluation conducted under subsection (a).
10248.

Standards development organization grants
(a)

Nongovernmental standards development organization defined
In this section, the term nongovernmental standards development organization means a nongovernmental standards development organization (as defined in section 2(e) of the Office of Management and Budget Circular A–119 (relating to Federal participation in the development and use of voluntary consensus standards in conformity assessment activities), or any successor document) that adheres to the American National Standards Institute (ANSI) Essential Requirements for Due Process for American National Standards.
(b)

Grant authority
The Secretary of Commerce, acting through the Director, shall establish a competitive program of grants for nongovernmental standards development organizations for the purposes described in subsection (c).
(c)

Purposes
A grant awarded under subsection (b) shall be used to develop, approve, disseminate, maintain, and review forensic science voluntary consensus standards and best practices that shall be available to the public free of charge.
(d)

Additional Requirements
The Director may promulgate such requirements, guidelines, and procedures as may be necessary to carry out this section.
(e)

Authorization of appropriations
There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026.
D

Hollings Manufacturing Extension Partnership
10251.

Establishment of expansion awards pilot program as a part of the Hollings Manufacturing Extension Partnership
The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 25A (15 U.S.C. 278k–1) the following:
“25B.

Expansion awards pilot program
(a)

Definitions
The terms used in this section have the meanings given the terms in section 25.
(b)

Establishment
The Director shall establish as a part of the Hollings Manufacturing Extension Partnership a pilot program of expansion awards among participants described in subsection (c) of this section for the purposes described in subsection (e) of this section.
(c)

Participants
Participants receiving awards under this section shall be Centers, or a consortium of Centers.
(d)

Award amounts
Subject to the availability of appropriations, an award for a recipient under this section shall be in an amount equal to the sum of the following:
(1)
Such amount as the Director considers appropriate as a minimum base funding level for each award under this section.
(2)
Such additional amount as the Director considers in proportion to the manufacturing density of the region of the recipient.
(3)
Such supplemental amounts as the Director considers appropriate.
(e)

Purpose of awards
An award under this section shall be made for one or more of the following purposes:
(1)
To provide coordinating services on employee engagement, including employee ownership and workforce training, including connecting manufacturers with career and technical education entities, institutions of higher education (including community colleges), workforce development boards, labor organizations, and nonprofit job training providers to develop and support training and job placement services, including apprenticeship and online learning platforms, for new and incumbent workers, programming to prevent job losses when adopting new technologies and processes, and development of employee ownership practices.
(2)
To provide services to improve the resiliency of domestic supply chains and to mitigate vulnerabilities to cyberattacks, including helping to offset the cost of cybersecurity projects for small manufacturers.
(3)
To expand advanced technology services to United States-based small- and medium-sized manufacturers, which may include—
(A)
developing advanced technology demonstration laboratories for training and demonstration in areas of supply chain and critical technology needs, including a focus on the demonstration of technologies developed by companies based in the United States;
(B)
services for the adoption of advanced technologies, including smart manufacturing technologies and practices; and
(C)
establishing partnerships, for the development, demonstration, and deployment of advanced technologies, between United States-based small- and medium-sized manufacturers and—
(i)
national laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(ii)
Federal laboratories;
(iii)
Manufacturing USA institutes (as described in section 34(d)); and
(iv)
institutions of higher education.
(4)
To build capabilities across the Hollings Manufacturing Extension Partnership for domestic supply chain resiliency and optimization, including—
(A)
assessment of domestic manufacturing capabilities, expanded capacity for researching and deploying information on supply chain risk, hidden costs of reliance on offshore suppliers, redesigning products and processes to encourage reshoring, and other relevant topics; and
(B)
expanded services to provide industry-wide support that assists United States manufacturers with reshoring manufacturing to strengthen the resiliency of domestic supply chains, including in critical technology areas and foundational manufacturing capabilities that are key to domestic manufacturing competitiveness and resiliency, including forming, casting, machining, joining, surface treatment, and tooling.
(f)

Reimbursement
The Director may reimburse Centers for costs incurred by the Centers under this section.
(g)

Applications
Applications for awards under this section shall be submitted in such manner, at such time, and containing such information as the Director shall require in consultation with the Manufacturing Extension Partnership Advisory Board.
(h)

Selection
(1)

Reviewed and merit-based
The Director shall ensure that awards under this section are reviewed and merit-based.
(2)

Geographic diversity
The Director shall endeavor to have broad geographic diversity among selected proposals.
(3)

Criteria
The Director shall select applications consistent with the purposes identified pursuant to subsection (e) to receive awards that the Director determines will achieve one or more of the following:
(A)
Improvement of the competitiveness of industries in the region in which the Center or Centers are located.
(B)
Creation of jobs or training of newly hired employees.
(C)
Promotion of the transfer and commercialization of research and technology from institutions of higher education, national laboratories, or other Federally funded research programs, and nonprofit research institutes.
(D)
Recruitment of a diverse manufacturing workforce, including through outreach to underrepresented populations, including individuals identified in section 33 or section 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b).
(E)
Any other result the Director determines will advance the objective set forth in section 25(c) or 26.
(i)

Program contribution
Recipients of awards under this section shall not be required to provide a matching contribution.
(j)

Global marketplace projects
In making an award under this section, the Director, in consultation with the Manufacturing Extension Partnership Advisory Board and the Secretary, may take into consideration whether an application has significant potential for enhancing the competitiveness of small and medium-sized United States manufacturers in the global marketplace.
(k)

Duration
The Director shall ensure that the duration of an award under this section is aligned and consistent with a Center’s cooperative agreement established in section 25(e).
(l)

Report
After the completion of the pilot program under subsection (b) and not later than October 1, 2024, the Director shall submit to Congress a report that includes—
(1)
a summary description of what activities were funded and the measurable outcomes of such activities;
(2)
a description of which types of activities under paragraph (1) could be integrated into, and supported under, the program under section 25;
(3)
a description of which types of activities under paragraph (1) could be integrated into, and supported under, the competitive awards program under section 25A; and
(4)
a recommendation, supported by a clear explanation, as to whether the pilot program should be continued.”.
10252.

Update to manufacturing extension partnership
(a)

Acceptance of funds
Section 25(l) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(l)) is amended to read as follows:
“(l)

Acceptance of funds
(1)

In general
In addition to such sums as may be appropriated to the Secretary and Director to operate the Program, the Secretary and Director may also accept funds from other Federal departments and agencies, as well as funds provided by the private sector pursuant to section 2(c)(7) of this Act (15 U.S.C. 272(c)(7)), to be available to the extent provided by appropriations Acts, for the purpose of strengthening United States manufacturing.
(2)

Competitive awards
Funds accepted from other Federal departments and agencies and from the private sector under paragraph (1) shall be awarded competitively by the Secretary and by the Director to Manufacturing Extension Partnership Centers, provided that the Secretary and Director may make non-competitive awards, pursuant to this section or section 25A, or as a non-competitive contract, as appropriate, if the Secretary and the Director determine that—
(A)
the manufacturing market or sector targeted is limited geographically or in scope;
(B)
the number of States (or territory, in the case of Puerto Rico) with Manufacturing Extension Partnership Centers serving manufacturers of such market or sector is five or fewer; and
(C)
such Manufacturing Extension Partnership Center or Centers has received a positive evaluation in the most recent evaluation conducted pursuant to subsection (g).”.
(b)

Supporting American manufacturing
Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended—
(1)
in subsection (a)(5)—
(A)
by striking “or consortium thereof,”; and
(B)
by inserting “or a consortium thereof” before the period at the end of the sentence;
(2)
in subsection (c)(4), by inserting “United States-based” before “industrial”;
(3)
in subsection (d)—
(A)
in paragraph (1), by inserting “at United States-based industrial facilities, including small and medium manufacturing companies” before “based”;
(B)
in paragraph (2), by inserting “United States-based” before “companies”; and
(C)
in paragraph (3), by inserting “United States-based” before “small”;
(4)
in subsection (f)(5)(B)(i), by inserting “in the United States” before the semicolon at the end of the clause; and
(5)
in subsection (n)(1)(A), by inserting “United States-based” before “small”.
(c)

Amending the MEP competitive awards program
Section 25A(c)(2) of the National Institute of Standards and Technology Act (15 U.S.C. 278k-1(c)(2)) is amended by inserting “United States” before “manufacturers”.
10253.

National supply chain database
(a)

Establishment of national supply chain database
The Director shall establish and maintain a National Supply Chain Database, subject to the availability of appropriations.
(b)

Purpose
The purpose of the National Supply Chain Database shall be to assist the Federal government and industry sectors in minimizing disruptions to the United States supply chain by having an assessment of United States manufacturers’ capabilities.
(c)

Study on national supply chain database
In establishing the National Supply Chain Database, the Director shall consider the findings and recommendations from the study authorized in section 9413 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), including measures to secure and protect the National Supply Chain Database from adversarial attacks and vulnerabilities.
(d)

Database and manufacturing extension partnership
(1)

In general
The National Supply Chain Database shall be carried out and managed through the Hollings Manufacturing Extension Partnership program or its designee and the Director shall ensure that the Hollings Manufacturing Extension Partnership Centers are connected to the National Supply Chain Database.
(2)

Capabilities
The National Supply Chain Database shall be capable of providing a national view of the supply chain and enable authorized database users to determine in near real-time the United States manufacturing capabilities for critical products, including defense supplies, food, and medical devices, including personal protective equipment.
(3)

Database content
The Database may include the following:
(A)
Basic company information.
(B)
An overview of capabilities, accreditations, and products.
(C)
Proprietary information.
(D)
Such other items as the Director considers necessary.
(4)

Standard classification system
The Database may use the North American Industry Classification System (NAICS) Codes as follows:
(A)
Sector 31-33 — Manufacturing.
(B)
Sector 54 — Professional, Scientific, and Technical Services.
(C)
Sector 48-49 — Transportation and Warehousing.
(5)

Levels
The Database may be multi-leveled as agreed to under terms of mutual disclosure as follows:
(A)
Level 1 may have basic company information and shall be available to the public.
(B)
Level 2 may have a deeper, nonproprietary overview into capabilities, products, and accreditations and shall be available to all companies that contribute to the Database.
(C)
Level 3 may hold proprietary information.
(6)

Individual state databases
Each State’s supply chain database maintained by the Institute-recognized Manufacturing Extension Partnership Center within the State shall be complementary in design to the National Supply Chain Database.
(e)

Maintenance of national supply chain database
The Director, acting through the Hollings Manufacturing Extension Partnership program, shall maintain the National Supply Chain Database as an integration of the State level databases from each State’s Manufacturing Extension Partnership Center and may be populated with information from past, current, or potential Center clients.
(f)

Exempt from public disclosure
The National Supply Chain Database and any information related to it not publicly released by the Institute shall be exempt from public disclosure under section 552 of title 5, United States Code, and access to non-public content shall be limited to the contributing company and Manufacturing Extension Partnership Center staff who sign an appropriate non-disclosure agreement. The Director may make aggregated, de-identified information available to contributing companies, Centers, or the public, as the Director considers appropriate, in support of the purposes of this section.
(g)

Authorization of appropriations
There are authorized to be appropriated—
(1)
$31,000,000 for fiscal year 2022 to develop and launch the Database; and
(2)
$26,000,000 for each of fiscal years 2023 through 2026 to maintain, update, and support Federal coordination of the State supply chain databases maintained by the Centers.
10254.

Hollings Manufacturing Extension Partnership activities
Section 70924(b) of the Infrastructure Investment and Jobs Act (Public Law 117–58) is amended to read as follows:
“(b)

Automatic enrollment in GSA Advantage!
The Administrator of the General Services Administration and the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology, shall jointly ensure that businesses that participate in the Hollings Manufacturing Extension Partnership may, as the business considers appropriate, enroll in General Services Administration Advantage!.” .
E

Manufacturing USA Program
10261.

Supporting geographic diversity
Section 34(e) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(e)) is amended by adding at the end the following:
“(8)

Diversity preferences
In awarding financial assistance under paragraph (1) for planning or establishing a Manufacturing USA institute, an agency head shall give special consideration to Manufacturing USA institutes that—
(A)
contribute to the geographic diversity of the Manufacturing USA Program;
(B)
are located in an area with a low per capita income; or
(C)
are located in an area with a high proportion of socially disadvantaged residents.”.
F

Manufacturing USA Program
10271.

Expanding opportunities through the Manufacturing USA Program
(a)

Participation of minority-Serving institutions, historically black colleges and universities, and tribal colleges and universities
(1)

In general
The Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, shall coordinate with existing and new Manufacturing USA institutes to integrate covered entities as active members of the Manufacturing USA institutes, including through the development of preferences in selection criteria for proposals to create new Manufacturing USA institutes or renew existing Manufacturing USA institutes that include one or more covered entities.
(2)

Covered entities
For purposes of this subsection, a covered entity is—
(A)
an historically Black college or university;
(B)
a Tribal college or university;
(C)
a minority-serving institution; or
(D)
a minority business enterprise (as defined in section 1400.2 of title 15, Code of Federal Regulations, or successor regulation).
III

National Science Foundation for the Future
10301.

Findings
Congress finds the following:
(1)
Over the past seven decades, the National Science Foundation has played a critical role in advancing the United States academic research enterprise by supporting fundamental research and education across science and engineering disciplines.
(2)
Discoveries enabled by sustained investment in fundamental research and the education of the United States science and engineering workforce have led to transformational innovations and spawned new industries.
(3)
While the traditional approach to investment in research has delivered myriad benefits to society, a concerted effort is needed to ensure the benefits of federally funded science and engineering are enjoyed by all Americans.
(4)
As countries around the world increase investments in research and STEM education, United States global leadership in science and engineering is eroding, posing significant risks to economic competitiveness, national security, and public well-being.
(5)
To address major societal challenges and sustain United States leadership in innovation, the Federal Government must increase investments in research, broaden participation in the STEM workforce, and bolster collaborations among universities, National Laboratories, field stations and marine laboratories, companies, labor organizations, non-profit funders of research, local policymakers, civil societies and stakeholder communities, and international partners.
10302.

Definitions
In this title:
(1)

Academies
The term Academies means the National Academies of Sciences, Engineering, and Medicine.
(2)

Artificial intelligence
The term artificial intelligence has the meaning given such term in section 5002 of the William M. (MAC) Thornberry National Defense Authorization Act for Fiscal Year 2021.
(3)

Awardee
The term awardee means the legal entity to which Federal assistance is awarded and that is accountable to the Federal Government for the use of the funds provided.
(4)

Board
The term Board means the National Science Board.
(5)

Director
The term Director means the Director of the National Science Foundation.
(6)

Emerging research institution
The term emerging research institution means an institution of higher education with an established undergraduate student program that has, on average for 3 years prior to the time of application for an award, received less than $35,000,000 in Federal research funding.
(7)

Federal research agency
The term Federal research agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.
(8)

Foundation
The term Foundation means the National Science Foundation.
(9)

Historically Black college and university
The term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(10)

Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(11)

Labor organization
The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—
(A)
any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and
(B)
any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—
(i)
individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;
(ii)
individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or
(iii)
individuals employed as agricultural laborers.
(12)

Minority-serving institution
The term minority-serving institution means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institutions, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution as described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(13)

Non-profit organization
The term non-profit organization means an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such code.
(14)

NSF includes
The term NSF includes means the initiative carried out under section 10306(c).
(15)

PreK–12
The term preK–12 means pre-kindergarten through grade 12.
(16)

Research and development award
The term research and development award means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.
(17)

Skilled technical work
The term skilled technical work means an occupation that requires a high level of knowledge in a technical domain and does not require a bachelor’s degree for entry.
(18)

STEM
The term STEM has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note).
(19)

STEM education
The term STEM education has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).
(20)

Tribal College or University
The term Tribal College or University has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
10303.

Authorization of appropriations
(a)

Fiscal year 2022
(1)

In general
There are authorized to be appropriated to the Foundation $12,504,890,000 for fiscal year 2022.
(2)

Specific allocations
Of the amount authorized under paragraph (1)—
(A)
$10,025,000,000 is authorized to be appropriated to carry out research and related activities, of which—
(i)
$55,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program; and
(ii)
$1,400,000,000 is authorized to be appropriated for the Directorate for Science and Engineering Solutions;
(B)
$1,583,160,000 is authorized to be appropriated for education and human resources, of which—
(i)
$73,700,000 is authorized to be appropriated for the Robert Noyce Teacher Scholarship Program;
(ii)
$59,500,000 is authorized to be appropriated for the NSF Research Traineeship Program;
(iii)
$416,300,000 is authorized to be appropriated for the Graduate Research Fellowship Program; and
(iv)
$70,000,000 is authorized to be appropriated for the Cybercorps Scholarship for Service Program;
(C)
$249,000,000 is authorized to be appropriated for major research equipment and facilities construction, of which $76,250,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program;
(D)
$620,000,000 is authorized to be appropriated for agency operations and award management;
(E)
$4,620,000 is authorized to be appropriated for the Office of the National Science Board; and
(F)
$23,120,000 is authorized to be appropriated for the Office of the Inspector General.
(b)

Fiscal year 2023
(1)

In general
There are authorized to be appropriated to the Foundation $14,620,800,000 for fiscal year 2023.
(2)

Specific allocations
Of the amount authorized under paragraph (1)—
(A)
$11,870,000,000 is authorized to be appropriated to carry out research and related activities, of which—
(i)
$60,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program; and
(ii)
$2,300,000,000 is authorized to be appropriated for the Directorate for Science and Engineering Solutions;
(B)
$1,654,520,000 is authorized to be appropriated for education and human resources, of which—
(i)
$80,400,000 is authorized to be appropriated for the Robert Noyce Teacher Scholarship Program;
(ii)
$64,910,000 is authorized to be appropriated for the NSF Research Traineeship Program;
(iii)
$454,140,000 is authorized to be appropriated for the Graduate Research Fellowship Program; and
(iv)
$72,000,000 is authorized to be appropriated for the Cybercorps Scholarship for Service Program;
(C)
$355,000,000 is authorized to be appropriated for major research equipment and facilities construction, of which $80,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program;
(D)
$710,000,000 is authorized to be appropriated for agency operations and award management;
(E)
$4,660,000 is authorized to be appropriated for the Office of the National Science Board; and
(F)
$26,610,000 is authorized to be appropriated for the Office of the Inspector General.
(c)

Fiscal year 2024
(1)

In general
There are authorized to be appropriated to the Foundation $15,945,020,000 for fiscal year 2024.
(2)

Specific allocations
Of the amount authorized under paragraph (1)—
(A)
$13,050,000,000 is authorized to be appropriated to carry out research and related activities, of which—
(i)
$70,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program; and
(ii)
$2,900,000,000 is authorized to be appropriated for the Directorate for Science and Engineering Solutions;
(B)
$1,739,210,000 is authorized to be appropriated for education and human resources, of which—
(i)
$87,100,000 is authorized to be appropriated for the Robert Noyce Teacher Scholarship Program;
(ii)
$70,320,000 is authorized to be appropriated for the NSF Research Traineeship Program;
(iii)
$491,990,000 is authorized to be appropriated for the Graduate Research Fellowship Program; and
(iv)
$78,000,000 is authorized to be appropriated for the Cybercorps Scholarship for Service Program;
(C)
$370,000,000 is authorized to be appropriated for major research equipment and facilities construction, of which $85,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program;
(D)
$750,000,000 is authorized to be appropriated for agency operations and award management;
(E)
$4,700,000 is authorized to be appropriated for the Office of the National Science Board; and
(F)
$31,110,000 is authorized to be appropriated for the Office of the Inspector General.
(d)

Fiscal year 2025
(1)

In general
There are authorized to be appropriated to the Foundation $17,004,820,000 for fiscal year 2025.
(2)

Specific allocations
Of the amount authorized under paragraph (1)—
(A)
$14,000,000,000 is authorized to be appropriated to carry out research and related activities, of which—
(i)
$75,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program; and
(ii)
$3,250,000,000 is authorized to be appropriated for the Directorate for Science and Engineering Solutions;
(B)
$1,823,470,000 is authorized to be appropriated for education and human resources, of which—
(i)
$93,800,000 is authorized to be appropriated for the Robert Noyce Teacher Scholarship Program;
(ii)
$75,730,000 is authorized to be appropriated for the NSF Research Traineeship Program;
(iii)
$529,830,000 is authorized to be appropriated for the Graduate Research Fellowship Program; and
(iv)
$84,000,000 is authorized to be appropriated for the Cybercorps Scholarship for Service Program;
(C)
$372,000,000 is authorized to be appropriated for major research equipment and facilities construction, of which $90,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program;
(D)
$770,000,000 is authorized to be appropriated for agency operations and award management;
(E)
$4,740,000 is authorized to be appropriated for the Office of the National Science Board; and
(F)
$34,610,000 is authorized to be appropriated for the Office of the Inspector General.
(e)

Fiscal year 2026
(1)

In general
There are authorized to be appropriated to the Foundation $17,939,490,000 for fiscal year 2026.
(2)

Specific allocations
Of the amount authorized under paragraph (1)—
(A)
$14,800,000,000 is authorized to be appropriated to carry out research and related activities, of which—
(i)
$80,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program; and
(ii)
$3,400,000,000 is authorized to be appropriated for the Directorate for Science and Engineering Solutions;
(B)
$1,921,600,000 is authorized to be appropriated for education and human resources, of which—
(i)
$100,500,000 is authorized to be appropriated for the Robert Noyce Teacher Scholarship Program;
(ii)
$81,140,000 is authorized to be appropriated for the NSF Research Traineeship Program;
(iii)
$567,680,000 is authorized to be appropriated for the Graduate Research Fellowship Program; and
(iv)
$90,000,000 is authorized to be appropriated for the Cybercorps Scholarship for Service Program;
(C)
$375,000,000 is authorized to be appropriated for major research equipment and facilities construction, of which $100,000,000 is authorized to be appropriated for the Mid-Scale Research Infrastructure Program;
(D)
$800,000,000 is authorized to be appropriated for agency operations and award management;
(E)
$4,780,000 is authorized to be appropriated for the Office of the National Science Board; and
(F)
$38,110,000 is authorized to be appropriated for the Office of the Inspector General.
10304.

STEM education
(a)

PreK–12 STEM education
(1)

Decadal survey of stem education research
Not later than 45 days after the date of enactment of this Act, the Director shall enter into a contract with the Academies to review and assess the status and opportunities for PreK–12 STEM education research and make recommendations for research priorities over the next decade.
(2)

Scaling innovations in Prek–12 stem education
(A)

In general
The Director shall establish a program to award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to establish no fewer than 3 multidisciplinary Centers for Transformative Education Research and Translation (in this section referred to as “Centers”) to support research and development on widespread and sustained implementation of STEM education innovations.
(B)

Application
An institution of higher education or non-profit organization (or a consortium of such institutions or organizations) seeking funding under subparagraph (A) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of how the proposed Center will—
(i)
establish partnerships among academic institutions, local or State education agencies, and other relevant stakeholders in supporting programs and activities to facilitate the widespread and sustained implementation of promising, evidence-based STEM education practices, models, programs, curriculum, and technologies;
(ii)
support enhanced STEM education infrastructure, including cyberlearning technologies, to facilitate the widespread adoption of promising, evidence-based practices;
(iii)
support research and development on scaling practices, partnerships, and alternative models to current approaches, including approaches sensitive to the unique combinations of capabilities, resources, and needs of varying localities, educators, and learners;
(iv)
include a focus on the learning needs of under resourced schools and learners in low-resource or underachieving local education agencies in urban and rural communities and the development of high-quality curriculum that engages these learners in the knowledge and practices of STEM fields;
(v)
include a focus on the learning needs and unique challenges facing students with disabilities; and
(vi)
support research and development on scaling practices and models to support and sustain highly-qualified STEM educators in urban and rural communities.
(C)

Additional considerations
In awarding a grant under this paragraph, the Director may also consider the extent to which the proposed Center will—
(i)
leverage existing collaborations, tools, and strategies supported by the Foundation, including NSF INCLUDES and the Convergence Accelerators;
(ii)
support research on and the development and scaling of innovative approaches to distance learning and education for various student populations;
(iii)
support education innovations that leverage new technologies or deepen understanding of the impact of technology on educational systems; and
(iv)
include a commitment from local or State education administrators to making the proposed reforms and activities a priority.
(D)

Partnership
In carrying out the program under subparagraph (A), the Director shall explore opportunities to partner with the Department of Education, including through jointly funding activities under this paragraph.
(E)

Annual meeting
The Director shall encourage and facilitate an annual meeting of the Centers to foster collaboration among the Centers and to further disseminate the results of the Centers’ activities.
(F)

Report
Not later than 5 years after the date of enactment of this Act, the Director shall submit to Congress a report describing the activities carried out pursuant to this paragraph that includes—
(i)
a description of the focus and proposed goals of each Center; and
(ii)
an assessment of the program’s success in helping to promote scalable solutions in PreK–12 STEM education.
(3)

National academies study
Not later than 45 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to conduct a study to—
(A)
review the research literature and identify research gaps regarding the interconnected factors that foster and hinder successful implementation of promising, evidence-based PreK–12 STEM education innovations at the local, regional, and national level;
(B)
present a compendium of promising, evidence-based PreK–12 STEM education practices, models, programs, and technologies;
(C)
identify barriers to widespread and sustained implementation of such innovations; and
(D)
make recommendations to the Foundation, the Department of Education, the National Science and Technology Council’s Committee on Science, Technology, Engineering, and Mathematics Education, State and local educational agencies, and other relevant stakeholders on measures to address such barriers.
(4)

Supporting pre-k–8 informal stem opportunities
Section 3 of the STEM Education Act of 2015 (42 U.S.C. 1862q) is amended by adding at the end the following:
“(c)

Pre-k–8 informal stem program
(1)

In general
The Director of the National Science Foundation shall provide grants to institutions of higher education or a non-profit organizations (or a consortia of such intuitions or organization) on a merit-reviewed, competitive basis for research on programming that engages students in grades PREK–8, including underrepresented and rural students, in STEM in order to prepare such students to pursue degrees or careers in STEM.
(2)

Use of funds
(A)

In general
Grants awarded under this section shall be used toward research to advance the engagement of students, including underrepresented and rural students, in grades PREK–8 in STEM through providing before-school, after-school, out-of-school, or summer activities, including in single-gender environments or programming, that are designed to encourage interest, engagement, and skills development for students in STEM.
(B)

Permitted activities
The activities described in subparagraph (A) may include—
(i)
the provision of programming described in such subparagraph for the purpose of research described in such subparagraph;
(ii)
the use of a variety of engagement methods, including cooperative and hands-on learning;
(iii)
exposure of students to role models in the fields of STEM and near-peer mentors;
(iv)
training of informal learning educators, youth-serving professionals, and volunteers who lead informal STEM programs in using evidence-based methods consistent with the target student population being served;
(v)
education of students on the relevance and significance of STEM careers, provision of academic advice and assistance, and activities designed to help students make real-world connections to STEM content;
(vi)
the attendance of students at events, competitions, and academic programs to provide content expertise and encourage career exposure in STEM, which may include the purchase of parts and supplies needed to participate in such competitions;
(vii)
activities designed to engage parents and families of students in grades PREK–8 in STEM;
(viii)
innovative strategies to engage students, such as using leadership skills and outcome measures to impart youth with the confidence to pursue STEM coursework and academic study;
(ix)
coordination with STEM-rich environments, including other nonprofit, nongovernmental organizations, out-of-classroom settings, single-gender environments, institutions of higher education, vocational facilities, corporations, museums, or science centers; and
(x)
the acquisition of instructional materials or technology-based tools to conduct applicable grant activity.
(3)

Application
An applicant seeking funding under the section shall submit an application at such time, in such manner, and containing such information as may be required. Applications that include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of students in PREK–8 in STEM are encouraged. The application may include the following:
(A)
A description of the target audience to be served by the research activity or activities for which such funding is sought.
(B)
A description of the process for recruitment and selection of students to participate in such activities.
(C)
A description of how such activity or activities may inform programming that engages students in grades PREK–8 in STEM.
(D)
A description of how such activity or activities may inform programming that promotes student academic achievement in STEM.
(E)
An evaluation plan that includes, at a minimum, the use of outcome-oriented measures to determine the impact and efficacy of programming being researched.
(4)

Evaluations
Each recipient of a grant under this section shall provide, at the conclusion of every year during which the grant funds are received, an evaluation in a form prescribed by the Director.
(5)

Accountability and dissemination
(A)

Evaluation required
The Director shall evaluate the activities established under this section. Such evaluation shall—
(i)
use a common set of benchmarks and tools to assess the results of research conducted under such grants; and
(ii)
to the extent practicable, integrate the findings of the research resulting from the activity or activities funded through the grant with the current research on serving students with respect to the pursuit of degrees or careers in STEM, including underrepresented and rural students, in grades PREK–8.
(B)

Report on evaluations
Not later than 180 days after the completion of the evaluation under subparagraph (A), the Director shall submit to Congress and make widely available to the public a report that includes—
(i)
the results of the evaluation; and
(ii)
any recommendations for administrative and legislative action that could optimize the effectiveness of the program under this section.
(6)

Coordination
In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies.”.
(b)

Undergraduate STEM education
(1)

Research on stem education and workforce needs
The Director shall award grants, on a competitive basis, to four-year institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research and development activities to—
(A)
encourage greater collaboration and coordination between institutions of higher education and industry to enhance education, foster hands-on learn experiences, and improve alignment with workforce needs;
(B)
understand the current composition of the STEM workforce and the factors that influence growth, retention, and development of that workforce;
(C)
increase the size, diversity, capability, and flexibility of the STEM workforce; and
(D)
increase dissemination and widespread adoption of effective practices in undergraduate education and workforce development.
(2)

Advanced technological education program update
Section 3(b) of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(b)) is amended to read as follows:
“(b)

National coordination network for science and technical education
The Director shall award grants to institutions of higher education, non-profit organizations, and associate-degree granting colleges (or consortia of such institutions or organizations) to establish a network of centers for science and technical education. The centers shall—
(1)
coordinate research, training, and education activities funded by awards under subsection (a) and share information and best practices across the network of awardees;
(2)
serve as a national and regional clearinghouse and resource to communicate and coordinate research, training, and educational activities across disciplinary, organizational, geographic, and international boundaries and disseminate best practices; and
(3)
develop national and regional partnerships between PreK–12 schools, two-year colleges, institutions of higher education, workforce development programs, labor organizations, and industry to meet workforce needs.”.
(3)

Innovations in stem education at community colleges
(A)

In general
The Director shall award grants on a merit-reviewed, competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to advance research on the nature of learning and teaching at community colleges and to improve outcomes for students who enter the workforce upon completion of their STEM degree or credential or transfer to 4-year institutions, including by—
(i)
examining how to scale up successful programs at Community Colleges that are improving student outcomes in foundational STEM courses;
(ii)
supporting research on effective STEM teaching practices in community college settings;
(iii)
designing and developing new STEM curricula;
(iv)
providing STEM students with hands-on training and research experiences, internships, and other experiential learning opportunities;
(v)
increasing access to high quality STEM education through new technologies;
(vi)
re-skilling or up-skilling incumbent workers for new STEM jobs;
(vii)
building STEM career and seamless transfer pathways; and
(viii)
developing novel mechanisms to identify and recruit talent into STEM programs, in particular talent from groups historically underrepresented in STEM.
(B)

Partnerships
In carrying out activities under this paragraph, the Director shall encourage applications to develop, enhance, or expand cooperative STEM education and training partnerships between institutions of higher education, industry, and labor organizations.
(4)

Improving access to STEM education at CTE institutions
(A)

In general
The Director shall award grants, on a competitive basis, to institutions of higher education (including postecondary vocational institutions) to support career and technical education in STEM and computer science related fields.
(B)

Priority
In awarding grants under subparagraph (A), the Director shall give priority to institutions that demonstrate effective strategies to recruit and provide career and technical education to veterans and members of the Armed Forces transitioning to the private sector workforce.
(C)

Career and technical education defined
In this paragraph, the term “career and technical education” has the meaning given that term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(5)

Course-based undergraduate research experiences
(A)

In general
The Director shall carry out a 4-year pilot program under which the Director shall award grants, on a competitive basis, to institutions of higher education and non-profit organizations (or consortia of such institutions or organizations) to establish a total of not fewer than five Centers to develop and scale up successful models for providing undergraduate students with hands-on, discovery-based research courses.
(B)

Use of funds
Grants made under this paragraph shall be used to—
(i)
develop, assess, and disseminate models for providing undergraduate students with course-based research experiences across STEM disciplines and education levels;
(ii)
identify and address opportunities and challenges in facilitating implementation across a broad range of institution types, including minority-serving institutions and community colleges;
(iii)
identify and develop best practices to address barriers for faculty, including institutional culture, resources, and incentive structures;
(iv)
identify and address factors that may facilitate or discourage participation by students from all backgrounds;
(v)
provide faculty with curriculum, professional development, training, networking opportunities, and other support to enable the development, adaptation, or expansion of a discovery-based research course; and
(vi)
collect data and carry out research to evaluate the impacts of course-based undergraduate research experiences on the STEM workforce.
(C)

Partnerships
In making awards under this paragraph, the Director shall consider the extent to which the proposed Center will establish partnerships among multiple types of academic institutions, including community colleges, emerging research institutions, historically Black colleges and universities, Tribal Colleges or Universities, and minority serving institutions, the private sector, and other relevant stakeholders in supporting programs and activities to facilitate faculty training and the widespread and sustained implementation of promising, evidence-based practices, models, programs, and curriculum.
(D)

Report
Not later than 180 days after the date on which the pilot program is completed, the Director shall submit to Congress a report that includes—
(i)
an assessment, that includes feedback from the research community, of the effectiveness of the pilot program in increasing the number, diversity, and workforce readiness of STEM graduates; and
(ii)
if determined to be effective, a plan for permanent implementation of the pilot program.
(c)

Advanced Technological Manufacturing Act
(1)

Findings and purpose
Section 2 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended—
(A)
in subsection (a)—
(i)
in paragraph (3), by striking “science, mathematics, and technology” and inserting “science, technology, engineering, and mathematics or STEM”;
(ii)
in paragraph (4), by inserting “educated” and before “trained”; and
(iii)
in paragraph (5), by striking “scientific and technical education and training” and inserting “STEM education and training”; and
(B)
in subsection (b)—
(i)
in paragraph (2), by striking “mathematics and science” and inserting “STEM fields”; and
(ii)
in paragraph (4), by striking “mathematics and science instruction” and inserting “STEM instruction”.
(2)

Modernizing references to STEM
Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended—
(A)
in the section heading, by striking “scientific and technical education” and inserting “stem education”;
(B)
in subsection (a)—
(i)
in the subsection heading, by striking “Scientific and technical education” and inserting “STEM education”;
(ii)
in the matter preceding paragraph (1)—
(I)
by inserting “and education to prepare the skilled technical workforce to meet workforce demands” before “, and to improve”;
(II)
by striking “core education courses in science and mathematics” and inserting “core education courses in STEM fields”;
(III)
by inserting “veterans and individuals engaged in” before “work in the home”; and
(IV)
by inserting “and on building a pathway from secondary schools, to associate-degree-granting institutions, to careers that require technical training” before “, and shall be designed”;
(iii)
in paragraph (1)—
(I)
by inserting “and study” after “development”; and
(II)
by striking “core science and mathematics courses” and inserting “core STEM courses”;
(iv)
in paragraph (2), by striking “science, mathematics, and advanced-technology fields” and inserting “STEM and advanced-technology fields”;
(v)
in paragraph (3)(A), by inserting “to support the advanced-technology industries that drive the competitiveness of the United States in the global economy” before the semicolon at the end;
(vi)
in paragraph (4), by striking “scientific and advanced-technology fields” and inserting “STEM and advanced-technology fields”; and
(vii)
in paragraph (5), by striking “advanced scientific and technical education” and inserting “advanced STEM and advanced-technology”;
(C)
in subsection (c)—
(i)
in paragraph (1)—
(I)
in subparagraph (A)—
- (aa)
in the matter preceding clause (i), by striking “to encourage” and all that follows through “such means as—” and inserting “to encourage the development of career and educational pathways with multiple entry and exit points leading to credentials and degrees, and to assist students pursuing pathways in STEM fields to transition from associate-degree-granting colleges to bachelor-degree-granting institutions, through such means as—”;
- (bb)
in clause (i), by striking “to ensure” and inserting “to develop articulation agreements that ensure”; and
- (cc)
in clause (ii), by striking “courses at the bachelor-degree-granting institution” and inserting “the career and educational pathways supported by the articulation agreements”;
(II)
in subparagraph (B)—
- (aa)
in clause (i), by inserting “veterans and individuals engaged in” before “work in the home”;
- (bb)
in clause (iii)—
(AA)
by striking “bachelor’s-degree-granting institutions” and inserting “institutions or work sites”; and
(BB)
by inserting “or industry internships” after “summer programs”; and
- (cc)
by striking the flush text following clause (iv); and
(III)
by striking subparagraph (C);
(ii)
in paragraph (2)—
(I)
by striking “mathematics and science programs” and inserting “STEM programs”;
(II)
by inserting “and, as appropriate, elementary schools,” after “with secondary schools”;
(III)
by striking “mathematics and science education” and inserting “STEM education”;
(IV)
by striking “secondary school students” and inserting “students at these schools”;
(V)
by striking “science and advanced-technology fields” and inserting “STEM and advanced-technology fields”; and
(VI)
by striking “agreements with local educational agencies” and inserting “articulation agreements or dual credit courses with local secondary schools, or other means as the Director determines appropriate,”; and
(iii)
in paragraph (3)—
(I)
by striking subparagraph (B);
(II)
by striking “shall—”and all that follows through “establish a” and inserting “shall establish a”;
(III)
by striking “the fields of science, technology, engineering, and mathematics” and inserting “STEM fields”; and
(IV)
by striking “; and” and inserting “, including jobs at Federal and academic laboratories.”;
(D)
in subsection (d)(2)—
(i)
in subparagraph (D), by striking “and” after the semicolon;
(ii)
in subparagraph (E), by striking the period at the end and inserting a “; and”; and
(iii)
by adding at the end the following:
“(F)
as appropriate, applications that apply the best practices for STEM education and technical skills education through distance learning or in a simulated work environment, as determined by research described in subsection (f); and”;
(E)
in subsection (g), by striking the second sentence;
(F)
in subsection (h)(1)—
(i)
in subparagraph (A), by striking “2022” and inserting “2026”;
(ii)
in subparagraph (B), by striking “2022” and inserting “2026”; and
(iii)
in subparagraph (C)—
(I)
by striking “up to $2,500,000” and inserting “not less than $3,000,000”; and
(II)
by striking “2022” and inserting “2026”;
(G)
in subsection (i)—
(i)
by striking paragraph (3); and
(ii)
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(H)
in subsection (j)—
(i)
by striking paragraph (1) and inserting the following:
“(1)
the term advanced-technology includes technological fields such as advanced manufacturing, agricultural-, biological- and chemical-technologies, energy and environmental technologies, engineering technologies, information technologies, micro and nano-technologies, cybersecurity technologies, geospatial technologies, and new, emerging technology areas;”;
(ii)
in paragraph (4), by striking “separate bachelor-degree-granting institutions” and inserting “other entities”;
(iii)
by striking paragraph (7);
(iv)
by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively;
(v)
in paragraph (7), as redesignated by subparagraph (D), by striking “and” after the semicolon;
(vi)
in paragraph (8), as redesignated by subparagraph (D)—
(I)
by striking “mathematics, science, engineering, or technology” and inserting “science, technology, engineering, or mathematics”; and
(II)
by striking the period at the end and inserting “; and”; and
(vii)
by adding at the end the following:
“(9)
the term skilled technical workforce means workers—
(A)
in occupations that use significant levels of science and engineering expertise and technical knowledge; and
(B)
whose level of educational attainment is less than a bachelor degree.”.
(3)

Authorization of appropriations
Section 5 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862j) is amended to read as follows:
“5.

Authorization of appropriations
There are authorized to be appropriated to the Director for carrying out sections 2 through 4, $150,000,000 for fiscal years 2022 through 2026.”.
(d)

Graduate STEM education
(1)

Mentoring and professional development
(A)

Mentoring plans
(i)

Update
Section 7008 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (42 U.S.C. 1862o) is amended by—
(I)
inserting “and graduate student” after “postdoctoral”; and
(II)
inserting “The requirement may be satisfied by providing such individuals with access to mentors, including individuals not listed on the grant.” after “review criterion.”.
(ii)

Evaluation
Not later than 45 days after the date of enactment of this Act, the Director shall enter into an agreement with a qualified independent organization to evaluate the effectiveness of the postdoctoral mentoring plan requirement for improving mentoring for Foundation-supported postdoctoral researchers.
(B)

Career exploration
(i)

In general
The Director shall award grants, on a competitive basis, to institutions of higher education and non-profit organizations (or consortia of such institutions or organizations) to develop innovative approaches for facilitating career exploration of academic and non-academic career options and for providing opportunity-broadening experiences, including work-integrated opportunities, for graduate students and postdoctoral scholars that can then be considered, adopted, or adapted by other institutions and to carry out research on the impact and outcomes of such activities.
(ii)

Review of proposals
In selecting grant recipients under this subparagraph, the Director shall consider, at a minimum—
(I)
the extent to which the administrators of the institution are committed to making the proposed activity a priority; and
(II)
the likelihood that the institution or organization will sustain or expand the proposed activity effort beyond the period of the grant.
(C)

Development plans
The Director shall require that annual project reports for awards that support graduate students and postdoctoral scholars include certification by the principal investigator that each graduate student and postdoctoral scholar receiving substantial support from such award, as determined by the Director, in consultation with faculty advisors, has developed and annually updated an individual development plan to map educational goals, career exploration, and professional development.
(D)

Professional development supplement
The Director shall carry out a five-year pilot initiative to award up to 2,500 administrative supplements of up to $2,000 to existing research grants annually, on a competitive basis, to support professional development experiences for graduate students and postdoctoral researchers who receive a substantial portion of their support under such grants, as determined by the Director. Not more than 10 percent of supplements awarded under this subparagraph may be used to support professional development experiences for postdoctoral researchers.
(E)

Graduate education research
The Director shall award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research on the graduate education system and outcomes of various interventions and policies, including—
(i)
the effects of traineeships, fellowships, internships, and teaching and research assistantships on outcomes for graduate students;
(ii)
the effects of graduate education and mentoring policies and procedures on degree completion, including differences by—
(I)
gender, race and ethnicity, sexual orientation, gender identity, and citizenship; and
(II)
student debt load;
(iii)
the development and assessment of new or adapted interventions, including approaches that improve mentoring relationships, develop conflict management skills, and promote healthy research teams; and
(iv)
research, data collection, and assessment of the state of graduate student mental health and wellbeing, factors contributing to and consequences of poor graduate student mental health, and the development, adaptation, and assessment of evidence-based strategies and policies to support emotional wellbeing and mental health.
(2)

Graduate research fellowship program update
(A)

Sense of congress
It is the sense of Congress that the Foundation should increase the number of new graduate research fellows supported annually over the next 5 years to no fewer than 3,000 fellows.
(B)

Program update
Section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended—
(i)
in subsection (a), by inserting “and as will address national workforce demand in critical STEM fields” after “throughout the United States”;
(ii)
in subsection (b), by striking “of $12,000” and inserting “of at least $16,000”; and
(iii)
by adding at the end the following:
“(c)

Outreach
The Director shall ensure program outreach to recruit fellowship applicants from fields of study that are in areas of critical national need, from all regions of the country, and from historically underrepresented populations in STEM.”.
(C)

Cybersecurity scholarships and graduate fellowships
The Director shall ensure that students pursuing master’s degrees and doctoral degrees in fields relating to cybersecurity are considered as applicants for scholarships and graduate fellowships under the Graduate Research Fellowship Program under section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869).
(3)

Study on graduate student funding
(A)

In general
Not later than 45 days after the date of enactment of this Act, the Director shall enter into an agreement with a qualified independent organization to evaluate—
(i)
the role of the Foundation in supporting graduate student education and training through fellowships, traineeships, and other funding models; and
(ii)
the impact of different funding mechanisms on graduate student experiences and outcomes, including whether such mechanisms have differential impacts on subsets of the student population.
(B)

Report
Not later than 1 year after the date of enactment of this Act, the organization charged with carrying out the study under subparagraph (A) shall publish the results of its evaluation, including a recommendation for the appropriate balance between fellowships, traineeships, and other funding models.
(4)

Fellowships and Traineeships for Early-Career AI Researchers
(A)

Artificial intelligence traineeships
(i)

In general
The Director shall award grants to institutions of higher education to establish traineeship programs for graduate students who pursue artificial intelligence-related research leading to a masters or doctorate degree by providing funding and other assistance, and by providing graduate students opportunities for research experiences in government or industry related to the students’ artificial intelligence studies.
(ii)

Use of funds
A institution of higher education shall use grant funds provided under clause (i) for the purposes of—
(I)
providing traineeships to students who are pursuing research in artificial intelligence leading to a masters or doctorate degree;
(II)
paying tuition and fees for students receiving traineeships;
(III)
creating and requiring courses or training programs in technology ethics for students receiving traineeships;
(IV)
creating opportunities for research in technology ethics for students receiving traineeships;
(V)
establishing scientific internship programs for students receiving traineeships in artificial intelligence at for-profit institutions, nonprofit research institutions, or government laboratories; and
(VI)
other costs associated with the administration of the program.
(B)

Artificial intelligence fellowships
The Director shall award fellowships to masters and doctoral students and postdoctoral researchers who are pursuing degrees or research in artificial intelligence and related fields, including in the field of technology ethics. In making such awards, the Director shall conduct outreach, including through formal solicitations, to solicit proposals from students and postdoctoral researchers seeking to carry out research in aspects of technology ethics with relevance to artificial intelligence systems.
(e)

Stem workforce data
(1)

Skilled technical workforce portfolio review
(A)

In general
Not later than 1 year after the date of enactment of this Act, the Director shall conduct a full portfolio analysis of the Foundation’s skilled technical workforce investments across all Directorates in the areas of education, research, infrastructure, data collection, and analysis.
(B)

Report
Not later than 180 days after the date of the review under subparagraph (A) is complete, the Director shall submit to Congress and make widely available to the public a summary report of the portfolio review.
(2)

Survey data
(A)

Rotating topic modules
To meet evolving needs for data on the state of the science and engineering workforce, the Director shall assess, through coordination with other Federal statistical agencies and drawing on input from relevant stakeholders, the feasibility and benefits of incorporating questions or topic modules to existing National Center for Science and Engineering Statistics surveys that would vary from cycle to cycle.
(B)

New data
Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress and the Board the results of an assessment, carried out in coordination with other Federal agencies and with input from relevant stakeholders, of the feasibility and benefits of incorporating new questions or topic modules to existing National Center for Science and Engineering Statistics surveys on—
(i)
the skilled technical workforce;
(ii)
working conditions and work-life balance;
(iii)
harassment and discrimination;
(iv)
sexual orientation and gender identity;
(v)
immigration and emigration; and
(vi)
any other topics at the discretion of the Director.
(C)

Longitudinal design
The Director shall continue and accelerate efforts to enhance the usefulness of National Center for Science and Engineering Statistics survey data for longitudinal research and analysis.
(D)

Government accountability office review
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that—
(i)
evaluates Foundation processes for ensuring the data and analysis produced by the National Center for Science and Engineering Statistics meets current and future needs; and
(ii)
includes such recommendations as the Comptroller General determines are appropriate to improve such processes.
(f)

Cyber workforce development research and development
(1)

In general
The Director shall award grants on a merit-reviewed, competitive basis to institutions of higher education or non-profit organizations (or a consortia of such institutions or organizations) to carry out research on the cyber workforce.
(2)

Research
In carrying out research pursuant to paragraph (1), the Director shall support research and development activities to—
(A)
understand the current state of the cyber workforce, including factors that influence growth, retention, and development of that workforce;
(B)
examine paths to entry and re-entry into the cyber workforce;
(C)
understand trends of the cyber workforce, including demographic representation, educational and professional backgrounds present, competencies available, and factors that shape employee recruitment, development, and retention and how to increase the size, diversity, and capability of the cyber workforce;
(D)
examine and evaluate training practices, models, programs, and technologies; and
(E)
other closely related topics as the Director determines appropriate.
(3)

Requirements
In carrying out the activities described in paragraph (2), the Director shall—
(A)
collaborate with the National Institute of Standards and Technology, including the National Initiative for Cybersecurity Education, the Department of Homeland Security, the Department of Defense, the Office of Personnel Management, and other Federal departments and agencies, as appropriate;
(B)
align with or build on the National Initiative on Cybersecurity Education Cybersecurity Workforce Framework wherever practicable and applicable;
(C)
leverage the collective body of knowledge from existing cyber workforce development research and education activities; and
(D)
engage with other Federal departments and agencies, research communities, and potential users of information produced under this subsection.
(g)

Federal Cyber Scholarship-for-Service Program
(1)

Sense of Congress
It is the sense of Congress that—
(A)
since cybersecurity risks are constant in the growing digital world, it is critical that the United States stay ahead of malicious cyber activity with a workforce that can safeguard our innovation, research, and work environments; and
(B)
Federal investments in the Federal Cyber Scholarship-for-Service Program at the National Science Foundation play a critical role in preparing and sustaining a strong, talented, and much-needed national cybersecurity workforce and should be strengthened.
(2)

In general
Section 302(b)(1) of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442(b)(1)) is amended by striking the semicolon at the end and inserting the following “and cybersecurity-related aspects of other related fields as appropriate, including artificial intelligence, quantum computing and aerospace;”.
(h)

Cybersecurity workforce data initiative
The Director, acting through the National Center for Science and Engineering Statistics established in section 505 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p) and in coordination with the Director of the National Institute of Standards and Technology and other appropriate Federal statistical agencies, shall establish a cybersecurity workforce data initiative that—
(1)
assesses the feasibility of providing nationally representative estimates and statistical information on the cybersecurity workforce;
(2)
utilizes the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NIST Special Publication 800–181), or other frameworks, as appropriate, to enable a consistent measurement of the cybersecurity workforce;
(3)
utilizes and complements existing data on employer requirements and unfilled positions in the cybersecurity workforce;
(4)
consults key stakeholders and the broader community of practice in cybersecurity workforce development to determine data requirements needed to strengthen the cybersecurity workforce;
(5)
evaluates existing Federal survey data for information pertinent to developing national estimates of the cybersecurity workforce;
(6)
evaluates administrative data and other supplementary data sources, as available, to describe and measure the cybersecurity workforce; and
(7)
collects statistical data, to the greatest extent practicable, on credential attainment and employment outcomes information for the cybersecurity workforce.
(i)

Incorporation of art and design into certain STEM education
Section 9(a) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n(a)) is amended—
(1)
in paragraph (3)—
(A)
in subparagraph (M), by striking “and” at the end;
(B)
by redesignating subparagraph (N) as subparagraph (O); and
(C)
after subparagraph (M), by inserting the following new subparagraph:
“(N)
developing science, technology, engineering, and mathematics educational curriculum that incorporates art and design to promote creativity and innovation; and”; and
(2)
in paragraph (10)(A)—
(A)
in clause (xi), by striking “and” at the end;
(B)
in clause (xii), by striking the period and inserting “; and”; and
(C)
after clause (xii), by inserting the following new clause:
“(xiii)
have a component that includes the integration of art and design principles and processes.”.
(j)

Mandatory Cost-Sharing
(1)

Waiver
The cost-sharing requirements under section 7036(c) of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (42 U.S.C. 1862o–14(c)) for the Major Research Instrumentation Program and under section 10A(i) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–1a(i)) for teaching fellowships administered within the Robert Noyce Teacher Scholarship Program are waived for a period of 5 years following the date of enactment of this Act.
(2)

Assessment
Not later than 5 years following the date of enactment of this Act, the Director shall submit to Congress an assessment, that includes feedback from the research community, of the impacts of the waivers provided under paragraph (1), including—
(A)
programmatic and scientific goals;
(B)
institutional commitment and stewardship of Federal resources;
(C)
institutional strategic planning and administrative burden;
(D)
equity among grantee institutions; and
(E)
recommendations for or against extending or making permanent such waivers.
(k)

Integrating art and design into National Science Foundation informal STEM education program
Section 3 of the STEM Education Act of 2015 (42 U.S.C. 1862q) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2), by striking “and” at the end;
(B)
in paragraph (3), by striking the period and inserting “; and”; and
(C)
by adding at the end the following:
“(4)
the integration of art and design in STEM educational programs.”;
(2)
in subsection (b)—
(A)
in paragraph (3), by striking “and” at the end;
(B)
in paragraph (4), by striking the period and inserting “; and”; and
(C)
by adding at the end the following:
“(5)
design and testing of programming that integrates art and design in STEM education to promote creativity and innovation.”; and
(3)
in subsection (c)(2)(B), as added by subsection (a)(4) of this section—
(A)
in clause (ix), by striking “and” at the end;
(B)
in clause (x), by striking the period and inserting “; and;”; and
(C)
by adding at the end the following:
“(xi)
the design and testing of programming that integrates art and design in STEM education to promote creativity and innovation.”.
10305.

Broadening participation
(a)

Presidential awards for excellence in mathematics and science teaching
(1)

In general
Section 117(a) of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1881b(a)) is amended—
(A)
in subparagraph (B)—
(i)
by striking “108” and inserting “110”;
(ii)
by striking clause (iv);
(iii)
in clause (v), by striking the period at the end and inserting “; and”;
(iv)
by redesignating clauses (i), (ii), (iii), and (v) as subclauses (I), (II), (III), and (IV), respectively, and moving the margins of such subclauses (as so redesignated) two ems to the right; and
(v)
by striking “In selecting teachers” and all that follows through “two teachers—” and inserting the following:
“(C)
In selecting teachers for an award authorized by this subsection, the President shall select—
(i)
at least two teachers—”; and
(B)
in subparagraph (C), as designated by paragraph (1)(A)(v), by adding at the end the following:
“(ii)
at least one teacher—
(I)
from the Commonwealth of the Northern Mariana Islands;
(II)
from American Samoa;
(III)
from the Virgin Islands of the United States; and
(IV)
from Guam.”.
(2)

Effective date
The amendments made by paragraph (1) shall apply with respect to awards made on or after the date of the enactment of this Act.
(b)

Robert Noyce Teacher Scholarship Program Update
(1)

Sense of congress
It is the sense of Congress that over the next five years the Foundation should increase the number of scholarships awarded under the Robert Noyce Teacher Scholarship program established under section 10 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–1) by 50 percent.
(2)

Outreach
To increase the diversity of participants, the Director shall support symposia, forums, conferences, and other activities to expand and enhance outreach to—
(A)
historically Black colleges and universities that are part B institutions, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2));
(B)
Tribal Colleges or Universities;
(C)
Minority serving institutions;
(D)
institutions of higher education that are located near or serve rural communities;
(E)
labor organizations;
(F)
emerging research institutions; and
(G)
higher education programs that serve or support veterans.
(c)

NSF INCLUDES initiative
The Director shall award grants and cooperative agreements, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to carry out a comprehensive national initiative to facilitate the development of networks and partnerships to build on and scale up effective practices in broadening participation in STEM studies and careers of groups historically underrepresented in such studies and careers.
(d)

Broadening participation on major facilities awards
The Director shall require organizations seeking a cooperative agreement for the management of the operations and maintenance of a Foundation project to demonstrate prior experience and current capabilities in employing best practices in broadening participation in science and engineering and ensure implementation of such practices is considered in oversight of the award.
(e)

Partnerships with emerging research institutions
The Director shall establish a five-year pilot program to enhance partnerships between emerging research institutions and institutions classified as very high research activity by the Carnegie Classification of Institutions of Higher Education at the time of application. In carrying out this program, the Director shall—
(1)
require that each proposal submitted by a multi-institution collaboration for an award, including those under section 10309, that exceeds $1,000,000, as appropriate, specify how the applicants will support substantive, meaningful, and mutually-beneficial partnerships with one or more emerging research institutions;
(2)
require awardees funded under paragraph (1) to direct no less than 25 percent of the total award to one or more emerging research institutions to build research capacity, including through support for faculty salaries and training, field and laboratory research experiences for undergraduate and graduate students, and maintenance and repair of research equipment and instrumentation;
(3)
require awardees funded under paragraph (1) to report on the partnership activities as part of the annual reporting requirements of the Foundation;
(4)
solicit feedback on the partnership directly from partner emerging research institutions, in such form as the Director deems appropriate; and
(5)
submit a report to Congress after the third year of the pilot program that includes—
(A)
an assessment, drawing on feedback from the research community and other sources of information, of the effectiveness of the pilot program for improving the quality of partnerships with emerging research institutions; and
(B)
if deemed effective, a plan for permanent implementation of the pilot program.
(f)

Tribal colleges and universities program update
(1)

In general
Section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13) is amended—
(A)
in subsection (a) by—
(i)
striking “Native American” and inserting “American Indian, Alaska Native, and Native Hawaiian”;
(ii)
inserting “post-secondary credentials and” before “associate’s”; and
(iii)
striking “or baccalaureate degrees” and inserting “, baccalaureate, and graduate degrees”; and
(B)
in subsection (b) by striking “undergraduate”; and
(C)
in subsection (c) by inserting “and STEM” after “laboratory”.
(2)

Authorization of appropriations
There is authorized to be appropriated to the Director to carry out this program $107,250,000 for fiscal year 2022 through fiscal year 2026.
(g)

Diversity in tech research
The Director shall award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support basic and applied research that yields a scientific evidence base for improving the design and emergence, development and deployment, and management and ultimate effectiveness of organizations of all kinds, including research related to diversity, equity, and inclusion in the technology sector.
(h)

Continuing Support for EPSCoR
(1)

Sense of congress
(A)

In general
It is the sense of Congress that—
(i)
since maintaining the Nation’s scientific and economic leadership requires the participation of talented individuals nationwide, EPSCoR investments into State research and education capacities are in the Federal interest and should be sustained; and
(ii)
EPSCoR should maintain its experimental component by supporting innovative methods for improving research capacity and competitiveness.
(B)

Definition of epscor
In this subsection, the term EPSCoR has the meaning given the term in section 502 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p note).
(2)

Update of EPSCoR
Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—
(A)
in subparagraph (A), by striking “and” at the end; and
(B)
by adding at the end the following:
“(C)
to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and”.
(i)

Fostering STEM research diversity and capacity program
(1)

In general
The Director shall establish a program to make awards on a competitive, merit-reviewed basis to eligible institutions to implement and study innovative approaches for building research capacity in order to engage and retain students from a range of institutions and diverse backgrounds in STEM.
(2)

Eligible institution defined
In this subsection the term eligible institution means an institution of higher education that, according to the data published by the National Center for Science and Engineering Statistics, is not, on average, among the top 100 institutions in Federal research and development expenditures during the 3 year period prior to the year of the award.
(3)

Purpose
The program established in paragraph (1) shall be focused on achieving simultaneous impacts at the student, faculty, and institutional levels by increasing the research capacity at eligible institutions and the number of undergraduate and graduate students pursuing STEM degrees from eligible institutions.
(4)

Requirements
In carrying out this program, the Director shall—
(A)
require eligible institutions seeking funding under this subsection to submit an application to the Director at such time, in such manner, containing such information and assurances as the Director may require. The application shall include, at a minimum a description of how the eligible institution plans to sustain the proposed activities beyond the duration of the grant;
(B)
require applicants to identify disciplines and focus areas in which the eligible institution can excel, and explain how the applicant will use the award to build capacity to bolster the institutional research competitiveness of eligible entities to support grants awarded by the Foundation and increase regional and national capacity in STEM;
(C)
require the awards funded under this subsection to support research and related activities, which may include—
(i)
development or expansion of research programs in disciplines and focus areas in subparagraph (B);
(ii)
faculty recruitment and professional development in disciplines and focus areas in subparagraph (B), including for early-career researchers;
(iii)
stipends for undergraduate and graduate students participating in research in disciplines and focus areas in subparagraph (B);
(iv)
acquisition of instrumentation necessary to build research capacity at an eligible institution in disciplines and focus areas in subparagraph (B);
(v)
an assessment of capacity-building and research infrastructure needs;
(vi)
administrative research development support; and
(vii)
other activities necessary to build research capacity; and
(D)
require that no eligible institution should receive more than $10,000,000 in any single year of funds made available under this section.
(5)

Additional considerations
In awarding a grant under this subsection, the Director may also consider—
(A)
the extent to which the applicant will support students from diverse backgrounds, including first-generation undergraduate students;
(B)
the geographic and institutional diversity of the applying institutions; and
(C)
how the applicants can leverage public-private partnerships and existing partnerships with Federal Research Agencies.
(6)

Duplication
The Director shall ensure the awards made under this subsection are complementary and not duplicative of existing programs.
(7)

Report
The Director shall submit a report to Congress after the third year of the program that includes—
(A)
an assessment of the effectiveness of the program for growing the geographic and institutional diversity of institutions of higher education receiving research awards from the Foundation;
(B)
an assessment of the quality, quantity and geographic and institutional diversity of institutions of higher education conducting Foundation-sponsored research since the establishment of the program in this subsection;
(C)
an assessment of the quantity and diversity of undergraduate and graduate students graduating from eligible institutions with STEM degrees; and
(D)
statistical summary data on the program, including the geographic and institutional allocation of award funding, the number and diversity of supported graduate and undergraduate students, and how it contributes to capacity building at eligible entities.
(8)

Authorization of Appropriations
There is authorized to be appropriated to the Director $150,000,000 for each of the fiscal years 2022 through 2026 to carry out the activities under this subsection.
(j)

Capacity-Building program for developing universities
(1)

In general
(A)
The Director shall make awards, on a competitive basis, to eligible institutions described in paragraph (2) to support the mission of the Foundation and to build institutional research capacity at eligible institutions.
(B)
The Director shall administer separate competitions for each category of eligible institution described in subclauses (I) through (IV) of paragraph (2)(A)(i).
(2)

Eligible institution
(A)

In general
To be eligible to receive an award under this subsection, an institution—
(i)
shall be—
(I)
a historically Black college or university;
(II)
a Tribal College or University;
(III)
a minority-serving institution; or
(IV)
an institution of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and Indians; and
(ii)
shall—
(I)
have not more than $50,000,000 in annual federally financed research and development expenditures for science and engineering as reported through the National Science Foundation Higher Education Research and Development Survey; or
(II)
not be an institution classified as having very high research activity by the Carnegie Classification of Institutions of Higher Education.
(B)

Partnerships
An eligible institution receiving a grant under this subsection may carry out the activities of the grant through a partnership with other entities, including community colleges and other eligible institutions.
(3)

Proposals
To receive an award under this subsection, an eligible institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require, including a plan that describes how the eligible institution will establish or expand research office capacity and how such award would be used to—
(A)
conduct an assessment of capacity-building and research infrastructure needs of an eligible institution;
(B)
enhance institutional resources to provide administrative research development support to faculty at an eligible institution;
(C)
bolster the institutional research competitiveness of an eligible institution to support grants awarded by the Foundation;
(D)
support the acquisition of instrumentation necessary to build research capacity at an eligible institution in research areas directly associated with the Foundation;
(E)
increase capability of an eligible institution to move technology into the marketplace;
(F)
increase engagement with industry to execute research through the SBIR and STTR programs (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e)) and direct contracts at an eligible institution;
(G)
provide student engagement and research training opportunities at the undergraduate, graduate, and postdoctoral levels at an eligible institution;
(H)
further faculty development initiatives and strengthen institutional research training infrastructure, capacity, and competitiveness of an eligible institution; or
(I)
address plans and prospects for long-term sustainability of institutional enhancements at an eligible institution resulting from the award including, if applicable, how the award may be leveraged by an eligible institution to build a broader base of support.
(4)

Awards
Awards made under this subsection shall be for periods of 3 years, and may be extended for periods of not more than 5 years.
(5)

Authorization of appropriations
There are authorized to be appropriated to the Director $200,000,000 for fiscal year 2022 and $250,000,000 for each of fiscal years 2023 through 2026 to carry out the activities in this title.
(k)

Chief Diversity Officer of the NSF
(1)

Chief diversity officer
(A)

Appointment
The Director shall appoint a senior agency official within the Office of the Director as a Chief Diversity Officer.
(B)

Qualifications
The Chief Diversity Officer shall have significant experience, within the Federal Government and the science community, with diversity- and inclusion-related matters, including—
(i)
civil rights compliance;
(ii)
harassment policy, reviews, and investigations;
(iii)
equal employment opportunity; and
(iv)
disability policy.
(C)

Oversight
The Chief Diversity Officer shall direct the Office of Diversity and Inclusion of the Foundation and report directly to the Director in the performance of the duties of the Chief Diversity Officer under this subsection.
(2)

Duties
The Chief Diversity Officer is responsible for providing advice on policy, oversight, guidance, and coordination with respect to matters of the Foundation related to diversity and inclusion, including ensuring the geographic diversity of the Foundation programs. Other duties may include—
(A)
establishing and maintaining a strategic plan that publicly states a diversity definition, vision, and goals for the Foundation;
(B)
defining a set of strategic metrics that are—
(i)
directly linked to key organizational priorities and goals;
(ii)
actionable; and
(iii)
actively used to implement the strategic plan under paragraph (1);
(C)
advising in the establishment of a strategic plan for diverse participation by individuals and institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges or universities, minority-serving institutions, institutions of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and Indians, and institutions from jurisdictions eligible to participate under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g);
(D)
advising in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented populations;
(E)
advising on a diversity and inclusion strategy for the Foundation’s portfolio of PreK–12 STEM education focused programs and activities, including goals for addressing barriers to participation;
(F)
advising on the application of the Foundation's broader impacts review criterion; and
(G)
performing such additional duties and exercise such powers as the Director may prescribe.
(3)

Funding
From any amounts appropriated for the Foundation for each of fiscal years 2022 through 2026, the Director shall allocate $5,000,000 to carry out this subsection for each such year.
(l)

Grant program to increase the participation of women and underrepresented minorities in stem fields
(1)

Program authorized
The Director of the National Science Foundation shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out the activities described in paragraph (4), in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics.
(2)

Application
Each eligible entity that desires to receive a grant under this subsection shall submit an application to the National Science Foundation at such time, in such manner, and containing such information as the Director of the National Science Foundation may reasonably require.
(3)

Authorized activities
An eligible entity that receives a grant under this subsection shall use such grant funds to carry out one or more of the following activities designed to increase the participation of women or minorities underrepresented in science and engineering, or both:
(A)
Online workshops.
(B)
Mentoring programs that partner science, technology, engineering, or mathematics professionals with students.
(C)
Internships for undergraduate and graduate students in the fields of science, technology, engineering, and mathematics.
(D)
Conducting outreach programs that provide elementary school and secondary school students with opportunities to increase their exposure to the fields of science, technology, engineering, or mathematics.
(E)
Programs to increase the recruitment and retention of underrepresented faculty.
(F)
Such additional programs as the Director of the National Science Foundation may determine.
(4)

Definitions
In this subsection—
(A)
the term minority means American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Asian (including underrepresented subgroups), Native Hawaiian, Pacific Islander origin subgroup, or other ethnic group underrepresented in science and engineering; and
(B)
the term underrepresented in science and engineering means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below the comparable figure for scientists and engineers who are White and not of Hispanic origin, as determined by the Secretary of Education under section 637.4(b) of title 34, Code of Federal Regulations.
(5)

Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2023, 2024, 2025, 2026, and 2027.
10306.

Fundamental research
(a)

Definitions
In this section:
(1)

Covered individual
The term covered individual means the principal investigator, co-principal investigators, and any other person at the institution who is responsible for the design, conduct, or reporting of research or educational activities funded or proposed for funding by the Foundation.
(2)

Foreign country of concern
The term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country deemed to be a country of concern as determined by the Department of State.
(3)

Malign foreign government talent recruitment program
The term malign foreign government talent recruitment program means any program or activity that includes compensation, including cash, research funding, honorific titles, promised future compensation, or other types of remuneration, provided by the foreign state or an entity sponsored by the foreign state to the targeted individual in exchange for the individual transferring knowledge and expertise to the foreign country.
(b)

Broader impacts
(1)

Assessment
Not later than 45 days after the date of enactment of this Act, the Director shall enter into an agreement with a qualified independent organization to assess how the Broader Impacts review criterion is applied across the Foundation and make recommendations for improving the effectiveness for meeting the goals established in section 526 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010 (42 U.S.C. 1862p–14).
(2)

Activities
The Director shall award grants on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support activities to increase the efficiency, effectiveness, and availability of resources for implementing the Broader Impacts review criterion, including—
(A)
training and workshops for program officers, merit review panelists, grant office administrators, faculty, and students to improve understanding of the goals and the full range of potential broader impacts available to researchers to satisfy this criterion;
(B)
repositories and clearinghouses for sharing best practices and facilitating collaboration; and
(C)
tools for evaluating and documenting societal impacts of research.
(c)

Sense of Congress
It is the sense of Congress that the Director should continue to identify opportunities to reduce the administrative burden on researchers.
(d)

Research integrity and security
(1)

Office of research security and policy
The Director shall maintain a Research Security and Policy office within the Office of the Director with no fewer than 4 full-time equivalent positions, in addition to the Chief of Research Security established in paragraph (2) of this subsection. The functions of the Research Security and Policy office shall be to coordinate all research security policy issues across the Foundation, including by—
(A)
consulting and coordinating with the Foundation Office of Inspector General and with other Federal research agencies and intelligence and law enforcement agencies, as appropriate, through the National Science and Technology Council in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), to identify and address potential security risks that threaten research integrity and other risks to the research enterprise;
(B)
serving as the Foundation’s primary resource for all issues related to the security and integrity of the conduct of Foundation-supported research;
(C)
conducting outreach and education activities for awardees on research policies and potential security risks;
(D)
educating Foundation program managers and other directorate staff on evaluating Foundation awards and awardees for potential security risks; and
(E)
communicating reporting and disclosure requirements to awardees and applicants for funding.
(2)

Chief of research security
The Director shall appoint a senior agency official within the Office of the Director as a Chief of Research Security, whose primary responsibility is to manage the office established under paragraph (1).
(3)

Report to Congress
No later than 180 days after the date of enactment of this Act, the Director shall provide a report to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate on the resources and the number of full time employees needed to carry out the functions of the Office established in paragraph (1).
(4)

Online resource
The Director shall develop an online resource hosted on the Foundation’s website containing up-to-date information, tailored for institutions and individual researchers, including—
(A)
an explanation of Foundation research security policies;
(B)
unclassified guidance on potential security risks that threaten scientific integrity and other risks to the research enterprise;
(C)
examples of beneficial international collaborations and how such collaborations differ from foreign government interference efforts that threaten research integrity;
(D)
promising practices for mitigating security risks that threaten research integrity; and
(E)
additional reference materials, including tools that assist organizations seeking Foundation funding and awardees in information disclosure to the Foundation.
(5)

Risk assessment center
The Director shall enter into an agreement with a qualified independent organization to create a new risk assessment center to—
(A)
help the Foundation develop the online resources under paragraph (4); and
(B)
help awardees in assessing and identifying issues related to nondisclosure of current and pending research funding, risks to the Foundation merit review process, and other issues that may negatively affect the Foundation proposal and award process due to undue foreign interference.
(6)

Research grants
The Director shall continue to award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research on the conduct of research and the research environment, including research on research misconduct or breaches of research integrity and detrimental research practices.
(7)

Authorities
(A)

In general
In addition to existing authorities for preventing waste, fraud, abuse, and mismanagement of federal funds, the Director, acting through the Office of Research Security and Policy and in coordination with the Foundation’s Office of Inspector General, shall have the authority to—
(i)
conduct risk assessments, including through the use of open-source analysis and analytical tools, of research and development award applications and disclosures to the Foundation, in coordination with the Risk Assessment Center established in paragraph (5);
(ii)
request the submission to the Foundation, by an institution of higher education or other organization applying for a research and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to foreign appointments, employment with a foreign institution, participation in a foreign talent program and other information reported as current and pending support for all covered individuals in a research and development award application; and
(iii)
upon receipt and review of the information provided under clause (ii) and in consultation with the institution of higher education or other organization submitting such information, initiate the substitution or removal of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the Director determines such contracts, grants, or agreements include obligations that—
(I)
interfere with the capacity for Foundation-supported activities to be carried out; or
(II)
create duplication with Foundation-supported activities.
(B)

Limitations
In exercising the authorities under this paragraph, the Director shall—
(i)
take necessary steps, as practicable, to protect the privacy of all covered individuals and other parties involved in the application and disclosure assessments under clause (A)(i);
(ii)
endeavor to provide justification for requests for supporting documentation made under clause (A)(ii);
(iii)
require that allegations be proven by a preponderance of evidence; and
(iv)
as practicable, afford subjects an opportunity to provide comments and rebuttal and an opportunity to appeal before final administrative action is taken.
(8)

Malign foreign talent recruitment program prohibition
(A)

In general
Not later than 12 months after the date of enactment of this Act, the Director shall establish a requirement that, as part of an application for a research and development award from the agency—
(i)
each covered individual listed on the application for a research and development award certify that they are not an active participant of a malign foreign talent recruitment program from a foreign country of concern and will not be a participant in such a program for the duration of the award; and
(ii)
each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution of higher education or other organization has been made aware of the requirement under this subsection.
(B)

International collaboration
Each policy developed under subparagraph (A) shall not prohibit—
(i)
making scholarly presentations regarding scientific information not otherwise controlled under current law;
(ii)
participation in international conferences or other international exchanges, partnerships or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding; and
(iii)
other international activities deemed appropriate by the Director.
(C)

Limitation
The policy developed under subparagraph (A) shall not apply retroactively to research and development awards made prior to the establishment of the policy by the Director.
(9)

Security training modules
(A)

In general
Not later than 90 days after the date of enactment of this Act, the Director, in collaboration with the Director of the National Institutes of Health and other relevant Federal research agencies, shall enter into an agreement or contract with a qualified entity for the development of online research security training modules for the research community, including modules focused on international collaboration and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest.
(B)

Stakeholder input
Prior to entering into the agreement under clause (A), the Director shall seek input from academic, private sector, intelligence, and law enforcement stakeholders regarding the scope and content of training modules, including the diversity of needs across institutions of higher education and other grantees of different sizes and types, and recommendations for minimizing administrative burden on institutions of higher education and researchers.
(C)

Development
The Director shall ensure that the entity identified in (A)—
(i)
develops modules that can be adapted and utilized across Federal research agencies; and
(ii)
develops and implements a plan for regularly updating the modules as needed.
(D)

Guidelines
The Director, in collaboration with the Director of the National Institutes of Health, shall develop guidelines for institutions of higher education and other organizations receiving Federal research and development funds to use in developing their own training programs to address the unique needs, challenges, and risk profiles of such institutions, including adoption of training modules developed under this paragraph.
(E)

Implementation
Drawing on stakeholder input under subparagraph (B), not later than 12 months after the date of enactment of this Act, the Director shall establish a requirement that, as part of an application for a research and development award from the Foundation—
(i)
each covered individual listed on the application for a research and development award certify that they have completed research security training that meets the guidelines developed under clause (D) within one year of the application; and
(ii)
each institution of higher education or other organization applying for such award certify that each covered individual who is employed by the institution or organization and listed on the application has been made aware of the requirement under this subparagraph.
(10)

Responsible conduct in research training
Section 7009 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (42 U.S.C. 1862o–1) is amended by—
(A)
striking “and postdoctoral researchers” and inserting “postdoctoral researchers, faculty, and other senior personnel”; and
(B)
by inserting before the period at the end the following “, including mentor training”.
(11)

National academies guide to responsible conduct in research
(A)

In general
Not later than 180 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to update the report entitled “On Being a Scientist: A Guide to Responsible Conduct in Research” issued by the Academies. The report, as so updated, shall include—
(i)
updated professional standards of conduct in research;
(ii)
promising practices for preventing, addressing, and mitigating the negative impact of harassment, including sexual harassment and gender harassment as defined in the 2018 Academies report entitled “Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine”; and
(iii)
promising practices for mitigating potential security risks that threaten research integrity.
(B)

Report
Not later than 18 months after the effective date of the agreement under subparagraph (A), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subparagraph, as updated pursuant to such subparagraph.
(e)

Research Ethics
(1)

Sense of congress
It is the sense of Congress that—
(A)
a number of emerging areas of research have potential ethical, social, safety, and security implications that might be apparent as early as the basic research stage;
(B)
the incorporation of ethical, social, safety, and security considerations into the research design and review process for Federal awards, may help mitigate potential harms before they happen;
(C)
the Foundation’s agreement with the Academies to conduct a study and make recommendations with respect to governance of research in emerging technologies is a positive step toward accomplishing this goal; and
(D)
the Foundation should continue to work with stakeholders to understand and adopt policies that promote best practices for governance of research in emerging technologies at every stage of research.
(2)

Ethics statements
Drawing on stakeholder input, not later than 18 months after the date of enactment of this Act, the Director shall amend award proposal instructions to include a requirement for an ethics statement to be included as part of any proposal for funding prior to making the award. Such statement shall be considered by the Director in the review of proposals, taking into consideration any relevant input from the peer-reviewers for the proposal, and shall factor into award decisions as deemed necessary by the Director. Such statements may include, as appropriate—
(A)
any foreseeable or quantifiable risks to society, including how the research could enable products, technologies, or other outcomes that could intentionally or unintentionally cause significant societal harm;
(B)
how technical or social solutions can mitigate such risks and, as appropriate, a plan to implement such mitigation measures; and
(C)
how partnerships and collaborations in the research can help mitigate potential harm and amplify potential societal benefits.
(3)

Guidance
The Director shall solicit stakeholder input to develop clear guidance on what constitutes a foreseeable or quantifiable risk as described in paragraph (2)(A), and to the extent practicable harmonize this policy with existing ethical policies or related requirements for human subjects.
(4)

Research
The Director shall award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support—
(A)
research to assess the potential ethical and societal implications of Foundation-supported research and products or technologies enabled by such research, including the benefits and risks identified pursuant to paragraph (2)(A); and
(B)
the development and verification of approaches to proactively mitigate foreseeable risks to society, including the technical and social solutions identified pursuant to paragraph (2)(B).
(5)

Annual report
The Director shall encourage awardees to update their ethics statements as appropriate as part of the annual reports required by all awardees under the award terms and conditions.
(f)

Research reproducibility and replicability
Consistent with existing Federal law for privacy, intellectual property, and security, the Director shall facilitate the public access to research products, including data, software, and code, developed as part of Foundation-supported projects.
(1)

Data management plans
(A)
The Director shall require that every proposal for funding for research include a machine-readable data management plan that includes a description of how the awardee will archive and preserve public access to data, software, and code developed as part of the proposed project.
(B)
In carrying out the requirement in subparagraph (A), the Director shall—
(i)
provide necessary resources, including trainings and workshops, to educate researchers and students on how to develop and review high quality data management plans;
(ii)
ensure program officers and merit review panels are equipped with the resources and training necessary to review the quality of data management plans; and
(iii)
ensure program officers and merit review panels treat data management plans as essential elements of grant proposals, where appropriate.
(2)

Open repositories
The Director shall—
(A)
coordinate with the heads of other Federal research agencies, and solicit input from the scientific community, to develop and widely disseminate a set of criteria for trusted open repositories, accounting for discipline-specific needs and necessary protections for sensitive information, to be used by federally funded researchers for the sharing of data, software, and code;
(B)
work with stakeholders to identify significant gaps in available repositories meeting the criteria developed under subparagraph (A) and options for supporting the development of additional or enhanced repositories;
(C)
award grants on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) for the development, upgrades, and maintenance of open data repositories that meet the criteria developed under subparagraph (A);
(D)
work with stakeholders and build on existing models, where appropriate, to establish a single, public, web-based point of access to help users locate repositories storing data, software, and code resulting from or used in Foundation-supported projects;
(E)
work with stakeholders to establish the necessary policies and procedures and allocate the necessary resources to ensure, as practicable, data underlying published findings resulting from Foundation-supported projects are deposited in repositories meeting the criteria developed under subparagraph (A) at the time of publication;
(F)
incentivize the deposition of data, software, and code into repositories that meet the criteria developed under subparagraph (A); and
(G)
coordinate with the scientific publishing community to develop uniform consensus standards around data archiving and sharing.
(3)

Research, development, and education
The Director shall award grants, on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to—
(A)
support research and development of open source, sustainable, usable tools and infrastructure that support reproducibility for a broad range of studies across different disciplines;
(B)
support research on computational reproducibility, including the limits of reproducibility and the consistency of computational results in the development of new computation hardware, tools, and methods; and
(C)
support the education and training of students, faculty, and researchers on computational methods, tools, and techniques to improve the quality and sharing of data, code, and supporting metadata to produce reproducible research.
(g)

Climate change research
(1)

In general
The Director shall award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research to improve our understanding of the climate system and related human and environmental systems.
(2)

Use of funds
Activities funded by a grant under this subsection may include—
(A)
fundamental research on climate forcings, feedbacks, responses, and thresholds in the earth system, including impacts on and contributions from local and regional systems;
(B)
research on climate-related human behaviors and institutions;
(C)
research on climate-related risk, vulnerability, resilience, and adaptive capacity of coupled human-environment systems, including risks to ecosystem stability and risks to vulnerable populations;
(D)
research to support the development and implementation of effective strategies and tools for mitigating and adapting to climate change, including social strategies and research focused on local level forecasting, impacts, and challenges;
(E)
research on the design, development, and assessment of effective information and decision-support systems, including understanding and developing effective dissemination pathways;
(F)
improved modeling, projections, analyses, and assessments of climate and other Earth system changes;
(G)
research to understand the atmospheric processes related to solar radiation management strategies and technologies and examine related economic, geopolitical, societal, environmental, and ethical implications, not including research designed to advance future deployment of these strategies and technologies;
(H)
the development of effective strategies for educating and training future climate change researchers, and climate change response and mitigation professionals, in both research and development methods, as well as community engagement and science communication;
(I)
the development of effective strategies for public and community engagement in the all stages of the research and development process; and
(J)
partnerships with other agencies to address climate related challenges for specific agency missions.
(h)

Violence research
(1)

In general
The Director shall award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research to improve our understanding of the nature, scope, causes, consequences, prevention, and response to all forms of violence.
(2)

Use of funds
Activities funded by a grant under this subsection may include—
(A)
research on the magnitude and distribution of fatal and nonfatal violence;
(B)
research on risk and protective factors;
(C)
research on the design, development, implementation, and evaluation of interventions for preventing and responding to violence;
(D)
research on scaling up effective interventions; and
(E)
one or more interdisciplinary research centers to conduct violence research, foster new and expanded collaborations, and support capacity building activities to increase the number and diversity of new researchers trained in cross-disciplinary violence research.
(i)

Social, behavioral, and economic sciences
The Director shall—
(1)
actively communicate opportunities and solicit proposals for social, behavioral, and economic science researchers to participate in cross-cutting and interdisciplinary programs, including the Convergence Accelerator and agency priority activities, and the Mid-Scale Research Infrastructure program; and
(2)
ensure social, behavioral, and economic science researchers are represented on relevant merit review panels for such activities.
(j)

Measuring impacts of federally funded R&D
The Director shall award grants on a competitive, merit-reviewed basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research and development of data, models, indicators, and associated analytical tools to improve our understanding of the impacts of Federally funded research on society, the economy, and the workforce, including domestic job creation.
(k)

Food-Energy-Water research
The Director shall award grants on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to—
(1)
support research to significantly advance our understanding of the food-energy-water system through quantitative and computational modeling, including support for relevant cyberinfrastructure;
(2)
develop real-time, cyber-enabled interfaces that improve understanding of the behavior of food-energy-water systems and increase decision support capability;
(3)
support research that will lead to innovative solutions to critical food-energy-water system problems; and
(4)
grow the scientific workforce capable of studying and managing the food-energy-water system, through education and other professional development.
(l)

Biological field stations and marine laboratories
The Director shall continue to support enhancing, repairing and maintaining research instrumentation, laboratories, telecommunications and housing at biological field stations and marine laboratories.
(m)

Sustainable chemistry research and education
In accordance with section 263 of the National Defense Authorization Act for Fiscal Year 2021, the Director shall carry out activities in support of sustainable chemistry, including—
(1)
establishing a program to award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support—
(A)
individual investigators and teams of investigators, including to the extent practicable, early career investigators for research and development;
(B)
collaborative research and development partnerships among universities, industry, and non-profit organizations; and
(C)
integrating sustainable chemistry principles into elementary, secondary, undergraduate, and graduate chemistry and chemical engineering curriculum and research training, as appropriate to that level of education and training; and
(2)
incorporating sustainable chemistry into existing Foundation research and development programs.
(n)

Risk and resilience research
The Director shall award grants on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to advance knowledge of risk assessment and predictability and to support the creation of tools and technologies, including advancing data analytics and utilization of artificial intelligence, for increased resilience through—
(1)
improvements in our ability to understand, model, and predict extreme events and natural hazards, including pandemics;
(2)
the creation of novel engineered systems solutions for resilient complex infrastructures, particularly those that address critical interdependence among infrastructures and leverage the growing infusion of cyber-physical-social components into the infrastructures;
(3)
development of equipment and instrumentation for innovation in resilient engineered infrastructures;
(4)
multidisciplinary research on the behaviors individuals and communities engage in to detect, perceive, understand, predict, assess, mitigate, and prevent risks and to improve and increase resilience; and
(5)
advancements in multidisciplinary wildfire science, including those related to air quality impacts, human behavior, and early detection and warning.
(o)

UAV technologies
The Director shall carry out a program of research and related activities for unmanned aerial vehicle technologies, which may include a prize competition pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) and support for undergraduate and graduate curriculum development.
(p)

Leveraging international expertise in research
The Director shall explore and advance opportunities for leveraging international capabilities and resources that align with the Foundation and United States research community priorities and have the potential to benefit United States prosperity, security, health, and well-being, including through binational research and development organizations and foundations and by sending teams of Foundation scientific staff for site visits of scientific facilities and agencies in other countries.
(q)

Biological research collections
(1)

In general
The Director shall continue to support databases, tools, methods, and other activities that secure and improve existing physical and digital biological research collections, improve the accessibility of collections and collection-related data for research and educational purposes, develop capacity for curation and collection management, and to transfer ownership of collections that are significant to the biological research community, including to museums and universities.
(2)

Specimen management plan
In consultation with other relevant Federal research agencies, the Director shall require that every proposal for funding for research that involves collecting or generating specimens include a specimen management plan that includes a description of how the specimens and associated data will be accessioned into and permanently maintained in an established biological collection.
(3)

Action center for biological collections
The Director shall award grants on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to establish an Action Center for Biological Collections to facilitate coordination and data sharing among communities of practice for research, education, workforce training, evaluation, and business model development.
(r)

Clean water research and technology acceleration
The Director shall award grants on a competitive, merit-reviewed basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to—
(1)
support transdisciplinary research to significantly advance our understanding of water availability, quality, and dynamics and the impact of human activity and a changing climate on urban and rural water and wastewater systems, including in low-income, underserved, and disadvantaged communities;
(2)
develop, pilot and deploy innovative technologies, systems, and other approaches to identifying and addressing challenges that affect water availability, quality, and security, including through direct engagement with affected communities and partnerships with the private sector, State, territorial, tribal, and local governments, non-profit organizations and water management professionals; and
(3)
grow the scientific workforce capable of studying and managing water and wastewater systems, through education, training, and other professional development.
(s)

Technology and behavioral science research
The Director shall award grants on a merit-based, competitive basis for research to—
(1)
increase understanding of social media and consumer technology access and use patterns and related psychological and behavioral issues, particularly for adolescents; and
(2)
explore the role of social media and consumer technology in rising rates of depressive symptoms, suicidal ideation, drug use, and deaths of despair, particularly for communities experiencing long-term economic distress.
(t)

Manufacturing research amendment
Section 506(a) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–1(a)) is amended—
(1)
in paragraph (5), by striking “and” at the end;
(2)
in paragraph (6)—
(A)
by striking “and” before “virtual manufacturing”; and
(B)
by striking the period at the end and inserting “; and artificial intelligence and machine learning;”; and
(3)
by adding at the end the following:
“(7)
additive manufacturing, including new material designs, complex materials, rapid printing techniques, and real-time process controls; and
(8)
continuous manufacturing of biological products and similar innovative monitoring and control techniques.”.
(u)

Critical minerals mining research and development
(1)

In general
The Director shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortium of such institutions or organizations) to support basic research that will accelerate innovation to advance critical minerals mining strategies and technologies for the purpose of making better use of domestic resources and eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.
(2)

Use of funds
Activities funded by a grant under this subsection may include—
(A)
advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction, production, separation, alloying, or processing techniques and technologies that can decrease energy intensity, potential environmental impact and costs of those activities;
(B)
conducting long-term Earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at such sites;
(C)
examining the application of artificial intelligence for geological exploration of critical minerals, including what the size and diversity of data sets would be required;
(D)
examining the application of machine learning for detection and sorting of critical minerals, including what the size and diversity of data sets would be required;
(E)
conducting detailed isotope studies of critical minerals and the development of more refined geologic models;
(F)
improved understanding of the geological and geochemical processes through which critical minerals form and are concentrated into economically viable deposits; or
(G)
providing training and researcher opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers.
(3)

Existing programs
The Director shall ensure awards made under this subsection are complementary and not duplicative of existing programs across the foundation and Federal Government.
(v)

Study of AI Research Capacity
(1)

In general
The Director shall conduct a study, or support the development of a study through the Science and Technology Policy Institute or by any other appropriate organization as determined by the Director, on artificial intelligence research capacity at U.S. institutions of higher education.
(2)

Study contents
The Director shall ensure that, at a minimum, the study under subsection (a) addresses the following topics:
(A)
Which universities are putting out significant peer-reviewed artificial intelligence research, including based on quantity and number of citations.
(B)
For each of the universities described in paragraph (1), what specific factors enable their AI research, including computing power, data sets and availability, specialized curriculum, and industry and other partnerships.
(C)
Promising practices at universities described in paragraph (1) for advancing diversity, equity, and inclusion in AI research programs.
(D)
How universities not included in paragraph (1) could implement the factors in paragraph (2) to produce AI research, as well as case studies that universities can look to as examples and potential pilot programs that the Federal Government could develop or support to help universities produce AI research.
(3)

Workshops
The Director may support workshops to help inform the study required under this subsection.
(4)

Publication
The Director shall ensure that the study carried out under this subsection is made publicly available not later than 12 months after the date of enactment of this Act.
(w)

Advancing IoT for Precision Agriculture
(1)

National Science Foundation Directive on Agricultural Sensor Research
In awarding grants under its sensor systems and networked systems programs, and in consultation with the Secretary of Agriculture, the Director shall include in consideration of portfolio balance research and development on sensor connectivity in environments of intermittent connectivity and intermittent computation—
(A)
to improve the reliable use of advance sensing systems in rural and agricultural areas; and
(B)
that considers—
(i)
direct gateway access for locally stored data;
(ii)
attenuation of signal transmission;
(iii)
loss of signal transmission; and
(iv)
at-scale performance for wireless power.
(2)

Updating Considerations for Precision Agriculture Technology within the NSF Advanced Technical Education Program
Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended in subsection (e)(3)—
(A)
in subparagraph (C), by striking “and” after the semicolon;
(B)
in subparagraph (D), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(E)
applications that incorporate distance learning tools and approaches.”.
(3)

GAO review
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall provide—
(A)
a technology assessment of precision agriculture technologies, such as the existing use of—
(i)
sensors, scanners, radio-frequency identification, and related technologies that can monitor soil properties, irrigation conditions, and plant physiology;
(ii)
sensors, scanners, radio-frequency identification, and related technologies that can monitor livestock activity and health;
(iii)
network connectivity and wireless communications that can securely support digital agriculture technologies in rural and remote areas;
(iv)
aerial imagery generated by satellites or unmanned aerial vehicles;
(v)
ground-based robotics;
(vi)
control systems design and connectivity, such as smart irrigation control systems;
(vii)
Global Positioning System-based applications; and
(viii)
data management software and advanced analytics that can assist decision making and improve agricultural outcomes; and
(B)
a review of Federal programs that provide support for precision agriculture research, development, adoption, education, or training, in existence on the date of enactment of this Act.
(x)

Astronomy and satellite constellations
The Director shall support research into and the design, development, and testing of mitigation measures to address the impact of satellite constellations on Foundation scientific programs by—
(1)
awarding grants on a competitive basis to support investigations into the impacts of satellite constellations on ground-based optical, infrared, and radio astronomy, including through existing programs such Spectrum and Wireless Innovation enabled by Future Technologies (SWIFT) and the Spectrum Innovation Initiative;
(2)
supporting research on satellite impacts and benefits and mitigation strategies to be carried out at one or more Foundation supported Federally Funded Research and Development Centers or large facilities, as appropriate; and
(3)
supporting workshops related to the impact of satellite constellations on scientific research and how those constellations could be used to improve scientific research.
(y)

GAO technology assessment to address the opioid epidemic
(1)

In general
The Comptroller General of the United States shall conduct a technology assessment on the use of current and emerging predictive analytic tools and technologies to address the opioid epidemic. Such assessment shall address the following:
(A)
The prevention of deaths occurring from overdoses of opioid drugs.
(B)
The improvement of Federal, State, and local government responses to the opioid epidemic and the quality of interventions, treatments, and resources for opioid use disorder.
(C)
The identification of challenges and risks related to the use of predictive analytic tools and technologies.
(2)

Recommendations
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress recommendations based on the findings of the technology assessment conducted under paragraph (1). Not later than 180 days after such date of enactment, the Comptroller General shall provide a briefing to Congress on the progress of such recommendations.
(3)

Definitions
In this subsection:
(A)

Opioid drug
The term “opioid drug” means a class of drugs that contains an opioid and includes heroin, synthetic opioids (including fentanyl), and prescription pain relievers.
(B)

Opioid epidemic
The term “opioid epidemic” means the misuse of and addiction to opioid drugs.
(z)

National Science Foundation study on inflation
(1)

In general
Not later than 45 days after the date of enactment of this Act, the Director shall commission a study to—
(A)
measure the economic impact of inflation on the American people, including an analysis of cost-of-living impacts;
(B)
assess how the increase in inflation has harmed the American workforce through decreased, less valuable wages;
(C)
consider the impact of inflation on American international competitiveness, particularly as it relates to offshoring jobs in the manufacturing industry;
(D)
evaluate the impact of inflation on rural and underserved communities throughout the country;
(E)
assess the ways inflation at its current trajectory could impact future American generations; and
(F)
make recommendations to Congress on the impact of further government spending in regards to inflation.
(2)

Funding
Of the funds authorized to carry out this section, $1,000,000 shall be used to carry out the study under paragraph (1).
10307.

Research infrastructure
(a)

Facility operation and maintenance
(1)

In general
The Director shall continue the Facility Operation Transition pilot program for a total of 5 years.
(2)

Cost sharing
The Facility Operation Transition program shall provide funding for 10–50 percent of the operations and maintenance costs for major research facilities that are within the first five years of operation, where the share is determined based on—
(A)
the operations and maintenance costs of the major research facility; and
(B)
the capacity of the managing directorate or division to absorb such costs.
(3)

Report
After the fifth year of the pilot program, the Director shall transmit a report to Congress that includes—
(A)
an assessment, that includes feedback from the research community, of the effectiveness of the pilot program for—
(i)
supporting research directorates and divisions in balancing investments in research grants and funding for the initial operation and maintenance of major facilities;
(ii)
incentivizing the development of new world-class facilities;
(iii)
facilitating interagency and international partnerships;
(iv)
funding core elements of multi-disciplinary facilities; and
(v)
supporting facility divestment costs; and
(B)
if deemed effective, a plan for permanent implementation of the pilot program.
(b)

Reviews
The Director shall periodically carry out reviews within each of the directorates and divisions to assess the cost and benefits of extending the operations of research facilities that have exceeded their planned operational lifespan.
(c)

Helium conservation
(1)

Major research instrumentation support
(A)

In general
The Director shall support, through the Major Research Instrumentation program, proposal requests that include the purchase, installation, operation, and maintenance of equipment and instrumentation to reduce consumption of helium.
(B)

Cost sharing
The Director may waive the cost-sharing requirement for helium conservation measures for non-Ph.D.-granting institutions of higher education and Ph.D.-granting institutions of higher education that are not ranked among the top 100 institutions receiving Federal research and development funding, as documented by the National Center for Science and Engineering Statistics.
(2)

Annual report
No later than 1 year after the date of enactment of this Act and annually for the subsequent two years, the Director shall submit an annual report to Congress on the use of funding awarded by the Foundation for the purchase and conservation of helium. The report should include—
(A)
the volume and price of helium purchased;
(B)
changes in pricing and availability of helium; and
(C)
any supply disruptions impacting a substantial number of institutions.
(d)

Advanced computing
(1)

Computing needs
To gather information about the computational needs of Foundation-funded projects, the Director shall require grant proposals submitted to the Foundation, as appropriate, to include estimates of computational resource needs for projects that require use of advanced computing. The Director shall encourage and provide access to tools that facilitate the inclusion of these measures, including those identified in the 2016 Academies report entitled “Future Directions for NSF Advanced Computing Infrastructure to Support U.S. Science and Engineering in 2017–2020”.
(2)

Reports
The Director shall document and publish every two years a summary of the amount and types of advanced computing capabilities that are needed to fully meet the Foundation’s project needs as identified under paragraph (1).
(3)

Roadmap
To set priorities and guide strategic decisions regarding investments in advanced computing capabilities, the Director shall develop, publish, and regularly update a 5-year advanced computing roadmap that—
(A)
describes the advanced computing resources and capabilities that would fully meet anticipated project needs, including through investments in the Mid-Scale Research Infrastructure program and the Major Research Equipment and Facilities Construction account;
(B)
draws on community input, information contained in research proposals, allocation requests, insights from Foundation-funded cyber-infrastructure operators, and Foundation-wide information gathering regarding community needs;
(C)
considers computational needs of planned major facilities;
(D)
reflects anticipated technology trends;
(E)
informs users and potential partners about future facilities and services;
(F)
addresses the needs of groups historically underrepresented in STEM and geographic regions with low availability and high demand for advanced computing resources;
(G)
considers how Foundation-supported advanced computing capabilities can be leveraged for activities through the Directorate for Science and Engineering Solutions; and
(H)
provides an update to Congress about the level of funding necessary to fully meet computational resource needs for the research community.
(4)

Securing American Research from Cyber Theft
(A)

Networking and information technology research and development update
Section 101(a)(1) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) is amended—
(i)
by moving the margins of subparagraphs (D) and (J) through (O) two ems to the left;
(ii)
by redesignating subparagraphs (J) through (O) as subparagraphs (K) through (P), respectively; and
(iii)
by inserting after subparagraph (I) the following:
“(J)
provide for improving the security, reliability, and resiliency of computing and networking systems used by institutions of higher education and other nonprofit research institutions for the processing, storage and transmission of sensitive federally funded research and associated data;”.
(B)

Computing Enclave Pilot Program
(i)

In general
The Director, in consultation with the Director of the National Institute of Standards and Technology and the Secretary of Energy, shall establish a pilot program to award grants to ensure the security of federally-supported research data and to assist regional institutions of higher education and their researchers in compliance with regulations regarding the safeguarding of sensitive information and other relevant regulations and Federal guidelines.
(ii)

Structure
In carrying out the pilot program established pursuant to clause (i), the Director shall select three institutions of higher education from among institutions classified under the Indiana University Center for Postsecondary Research Carnegie Classification as a doctorate-granting university with a very high level of research activity, and with a history of working with secure information for the development, installation, maintenance, or sustainment of secure computing enclaves.
(iii)

Regionalization
(I)

In general
In selecting universities pursuant to clause (ii), the Director shall give preference to institutions of higher education with the capability of serving other regional universities.
(II)

Geographic dispersal
The enclaves should be geographically dispersed to better meet the needs of regional interests.
(iv)

Program elements
The Director shall work with institutions of higher education selected pursuant to clause (ii) to—
(I)
develop an approved design blueprint for compliance with Federal data protection protocols;
(II)
develop a comprehensive and confidential list, or a bill of materials, of each binary component of the software, firmware, or product that is required to deploy additional secure computing enclaves;
(III)
develop templates for all policies and procedures required to operate the secure computing enclave in a research setting;
(IV)
develop a system security plan template; and
(V)
develop a process for managing a plan of action and milestones for the secure computing enclave.
(v)

Duration
Subject to other availability of appropriations, the pilot program established pursuant to clause (i) shall operate for not less than 3 years.
(vi)

Report
(I)

In general
The Director shall report to Congress not later than 6 months after the completion of the pilot program under clause (i).
(II)

Contents
The report required under subclause (I) shall include—
- (aa)
an assessment of the pilot program under clause (i), including an assessment of the security benefits provided by such secure computing enclaves;
- (bb)
recommendations related to the value of expanding the network of secure computing enclaves; and
- (cc)
recommendations on the efficacy of the use of secure computing enclaves by other Federal agencies in a broader effort to expand security of Federal research.
(vii)

Authorization of appropriations
There is authorized to be appropriated to the Director, $38,000,000 for fiscal years 2022 through 2024, to carry out the activities outlined in this section.
(e)

National secure data service
(1)

In general
The Director, in consultation with the Chief Statistician of the United States, shall establish a demonstration project to develop, refine and test models to inform the full implementation of the Commission on Evidence-Based Policymaking recommendation for a government-wide data linkage and access infrastructure for statistical activities conducted for statistical purposes, as defined in chapter 35 of title 44, United States Code.
(2)

Establishment
Not later than one year after the date of enactment of this Act, the Director shall establish a National Secure Data Service demonstration project. The National Secure Data Service demonstration project shall be—
(A)
aligned with the principles, best practices, and priority actions recommended by the Advisory Committee on Data for Evidence Building, to the extent feasible; and
(B)
operated directly by or via a contract that is managed by the National Center for Science and Engineering Statistics.
(3)

Data
In carrying out this subsection, the Director shall engage with Federal and State agencies to collect, acquire, analyze, report, and disseminate statistical data in the United States and other nations to support government-wide evidence-building activities consistent with the Foundations for Evidence-Based Policymaking Act of 2018.
(4)

Privacy and confidentiality protections
If the Director issues a management contract under paragraph (2), the awardee shall be designated as an “agent” under chapter 35 of title 44, United States Code, subchapter III, section 3561 et seq., with all requirements and obligations for protecting confidential information delineated in the Confidential Information Protection and Statistical Efficiency Act of 2018 and the Privacy Act of 1974.
(5)

Technology and privacy standards
In carrying out this subsection, the Director shall—
(A)
consider application and use of systems and technologies that incorporate protection measures to reasonably ensure confidential data and statistical products are protected in accordance with obligations under chapter 35 of title 44, United States Code, subchapter III, section 3561 et seq., including systems and technologies that ensure raw data and other sensitive inputs are not accessible to recipients of statistical outputs from the National Secure Data Service demonstration project; and
(B)
to the extent feasible, consider applying privacy-enhancing technologies to approved projects when appropriate, or take appropriate measures to minimize re-identification risks consistent with any applicable guidance or regulations issued under chapter 35 of title 44, United States Code, subchapter III, section 3561 et seq.
(6)

Transparency
The National Secure Data Service established under paragraph (2) shall maintain a public website with up-to-date information on supported projects.
(7)

Report
Not later than 2 years after the date of enactment of this Act, the National Secure Data Service demonstration project established under paragraph (2) shall submit a report to Congress that includes—
(A)
a description of policies for protecting data, consistent with applicable Federal law;
(B)
a comprehensive description of all completed or active data linkage activities and projects;
(C)
an assessment of the effectiveness of the demonstration project for mitigating risks and removing barriers to a sustained implementation of the National Secure Data Service as recommended by the Commission on Evidence-Based Policymaking; and
(D)
if deemed effective by the Director, a plan for scaling up the demonstration project to facilitate data access for evidence building while ensuring transparency and privacy.
(8)

Authorization of appropriations
There are authorized to be appropriated to the Director to carry out this subsection $9,000,000 for each of fiscal years 2022 through 2026.
10308.

Directorate for science and engineering solutions
(a)

Establishment
Subject to the availability of appropriated funds, there is established within the Foundation the Directorate for Science and Engineering Solutions to advance research and development solutions to address societal and national challenges for the benefit of all Americans.
(b)

Purpose
The purpose of the Directorate established under subsection (a) is to support use-inspired research, accelerate the translation of Foundation-supported fundamental research and to advance technologies, facilitate commercialization and use of federally funded research, and expand the pipeline of United States students and researchers in areas of societal and national importance.
(c)

Activities
The Director shall achieve the purposes described in subsection (b) by awarding financial assistance through the Directorate to—
(1)
support transformational advances in use-inspired and translational research through diverse funding mechanisms and models, including convergence accelerators;
(2)
translate research into science and engineering innovations, including through developing innovative approaches to connect research with societal outcomes, developing approaches to technology transfer that do not rely only on traditional market and commercialization tools, education and training for students and researchers on engaging with end users and the public, partnerships that facilitate research uptake, application, and scaling, prototype development, entrepreneurial education, developing tech-to-market strategies, and partnerships that connect research products to businesses, accelerators, and incubators and encourage the formation and growth of new companies;
(3)
develop and expand sustainable and mutually-beneficial use-inspired and translational research and development partnerships and collaborations among institutions of higher education, including minority serving institutions and emerging research institutions, non-profit organizations, labor organizations, businesses and other for-profit entities, Federal or State agencies, community organizations, other Foundation directorates, national labs, field stations and marine laboratories, international entities as appropriate, binational research and development foundations and funds, excluding foreign entities of concern, and other organizations;
(4)
build capacity for use-inspired and translational research at institutions of higher education, including necessary administrative support;
(5)
expand opportunities for researchers to contribute to use-inspired and translational research including through support for workshops and conferences, targeted incentives and training, and multidisciplinary research centers;
(6)
support the education, mentoring, and training of undergraduate students, graduate students, and postdoctoral researchers in use-inspired and translational approaches to research and entrepreneurship in key focus areas identified under subsection (g) through scholarships, fellowships, and traineeships;
(7)
support translational research infrastructure, including platforms and testbeds, data management and software tools, and networks and communication platforms for interactive and collective learning and information sharing;
(8)
identify social, behavioral, and economic drivers and consequences of technological innovations; and
(9)
ensure the programmatic work of the Directorate and Foundation incorporates a worker perspective through participation by labor organizations and workforce training organizations.
(d)

Assistant director
(1)

In general
The Director shall appoint an Assistant Director responsible for the management of the Directorate established under this section.
(2)

Term limit
The Assistant Director appointed under paragraph (1) shall serve a term lasting no longer than 4 years.
(3)

Qualifications
The Assistant Director shall be an individual, who by reason of professional background and experience, is specially qualified to—
(A)
advise the Director on all matters pertaining to use-inspired and translational research, development, and commercialization at the Foundation, including partnership with the private sector and other users of Foundation funded research; and
(B)
develop and implement the necessary policies and procedures to promote a culture of use-inspired and translational research within the Directorate and across the Foundation and carry out the responsibilities under paragraph (4).
(4)

Responsibilities
The responsibilities of the Assistant Director shall include—
(A)
advising the Director on all matters pertaining to use-inspired and translational research and development activities at the Foundation, including effective practices for convergence research;
(B)
identifying opportunities for and facilitating coordination and collaboration, where appropriate, on use-inspired and translational research, development, commercialization, and societal application activities—
(i)
among the offices, directorates, and divisions within the Foundation; and
(ii)
between the Foundation and stakeholders in academia, the private sector, including non-profit entities, labor organizations, Federal or State agencies, and international entities, as appropriate;
(C)
ensuring that the activities carried out under this section are not duplicative of activities supported by other parts of the Foundation or other relevant Federal agencies;
(D)
approving all new programs within the Directorate;
(E)
developing and testing diverse merit-review models and mechanisms for selecting and providing awards for use-inspired and translational research and development at different scales, from individual investigator awards to large multi-institution collaborations;
(F)
assessing the success of programs;
(G)
administering awards to achieve the purposes described in subsection (b); and
(H)
performing other such duties pertaining to the purposes in subsection (b) as are required by the Director.
(5)

Relationship to the director
The Assistant Director shall report to the Director.
(6)

Relationship to other programs
No other directorate within the Foundation shall report to the Assistant Director.
(e)

Advisory committee
(1)

In general
In accordance with the Federal Advisory Committee Act (5 U.S.C. App.) the Director shall establish an advisory committee to assess, and make recommendations regarding, the activities carried out under this section.
(2)

Membership
The advisory committee members shall—
(A)
be individuals with relevant experience or expertise, including individuals from industry and national labs, educators, academic subject matter experts, including individuals with knowledge of the technical and social dimensions of science and technology, technology transfer experts, labor organizations, and representatives of civil society, community organizations, and other nongovernmental organizations; and
(B)
consist of at least 10 members broadly representative of stakeholders, including no less than 3 members from the private sector, none of whom shall be an employee of the Federal Government.
(3)

Responsibilities
The Committee shall be responsible for—
(A)
reviewing and evaluating activities carried out under this section; and
(B)
assessing the success of the Directorate in and proposing new strategies for fulfilling the purposes in subsection (b).
(f)

Existing programs
The Convergence Accelerator, the Growing Convergence Research Big Idea, and any other program, at the discretion of the Director, may be managed by the Directorate.
(g)

Focus areas
In consultation with the Assistant Director, the Board, and other Federal agencies and taking into account advice under subsection (e), the Director shall identify, and regularly update, up to 5 focus areas to guide activities under this section. In selecting such focus areas, the Director shall consider the following societal challenges:
(1)
Climate change and environmental sustainability.
(2)
Global competitiveness and domestic job creation in critical technologies.
(3)
Cybersecurity.
(4)
National security.
(5)
STEM education and workforce.
(6)
Social and economic inequality.
(h)

Eligibility
Recipients of funds under this section may include institutions of higher education, research institutions, non-profit organizations, private sector entities, consortia, or other entities, as defined by the Director.
(i)

Technology research institutes
(1)

In general
The Director may award grants and cooperative agreements to institutions of higher education, or consortia thereof, for the planning, establishment, and support of Technology Research Institutes in key technology areas, as determined by the Director.
(2)

Uses of funds
Funds awarded under this section may be used by a Technology Research Institute to—
(A)
conduct fundamental research to advance innovation in a key technology;
(B)
conduct research involving a key technology to solve challenges with social, economic, health, scientific, and national security implications;
(C)
further the development, adoption, and commercialization of innovations in key technology focus areas, including through partnership with other Federal agencies and Federal laboratories, industry, including startup companies, labor organizations, civil society organizations, and State, territorial, local, and Tribal governments;
(D)
develop and manage multi-user research testbeds and instrumentation for key technologies;
(E)
develop and manage an accessible repository, as appropriate, for research data and computational models relevant to the relevant key technology field, consistent with applicable privacy and intellectual property laws;
(F)
convene national workshops for researchers and other stakeholders in that technology area;
(G)
establish traineeship programs for graduate students who pursue research related to the technology leading to a masters or doctorate degree by providing funding and other assistance, and by providing graduate students opportunities for research experiences in government or industry related to the students’ studies in that technology area;
(H)
engage in outreach and engagement to broaden participation in technology research and education; and
(I)
support such other activities that the Director determines appropriate.
(3)

Considerations
In making awards under this section, the Director may consider the extent to which the activities proposed—
(A)
have the potential to create an innovation ecosystem, or enhance existing ecosystems, to translate Technology Research Institute research into applications and products, as appropriate to the topic of each Institute;
(B)
support transdisciplinary research and development across multiple institutions of higher education and organizations;
(C)
support transdisciplinary education activities, including curriculum development, research experiences, and faculty professional development across undergraduate, graduate, and professional academic programs;
(D)
involve partnerships with multiple types of institutions, including emerging research institutions, historically Black colleges and universities, Tribal Colleges or Universities, and minority serving institutions, and with other Federal agencies, Federal laboratories, industry, State, territorial, local, and Tribal governments, labor organizations, civil society organizations, and other entities that may use or be affected by the technology; and
(E)
include a component that addresses the ethical, societal, safety, and security implications relevant to the application of the technology.
(4)

Duration
(A)

Initial period
An award under this section shall be for an initial period of 5 years.
(B)

Renewal
An established Technology Institute may apply for, and the Director may grant, extended funding for periods of 5 years on a merit-reviewed basis.
(5)

Application
An institution of higher education or consortia thereof seeking financial assistance under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
(6)

Competitive, merit-review
In making awards under the section, the Director shall—
(A)
use a competitive, merit review process that includes peer review by a diverse group of individuals with relevant expertise from both the private and public sectors; and
(B)
ensure the focus areas of the Institute do not substantially and unnecessarily duplicate the efforts of any other Technology Research Institute or any other similar effort at another Federal agency.
(7)

Collaboration
In making awards under this section, the Director may collaborate with Federal departments and agencies whose missions contribute to or are affected by the technology focus area of the institute.
(j)

Planning and capacity building grants
Section 602 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–9) is amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d), the following:
“(e)

Planning and capacity building grants
(1)

In general
Under the program established in section 508 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–2) and the activities authorized under this section, the Director shall award grants to eligible entities for planning and capacity building at institutions of higher education.
(2)

Eligible entity defined
In this subsection, the term eligible entity means an institution of higher education (or a consortium of such institutions) that, according to the data published by the National Center for Science and Engineering Statistics, is not, on average, among the top 100 institutions in Federal R&D expenditures during the 3 year period prior to the year of the award.
(3)

Use of funds
In addition to activities listed under subsection (c), an eligible entity receiving a grant under this subsection may use funds to—
(A)
ensure the availability of staff, including technology transfer professionals, entrepreneurs in residence, and other mentors as required to accomplish the purpose of this subsection;
(B)
revise institution policies, including policies related to intellectual property and faculty entrepreneurship, and taking other necessary steps to implement relevant best practices for academic technology transfer;
(C)
develop new local and regional partnerships among institutions of higher education and between institutions of higher education and private sector entities and other relevant organizations with the purpose of building networks, expertise, and other capacity to identify promising research that may have potential market value and enable researchers to pursue further development and transfer of their ideas into possible commercial or other use;
(D)
develop seminars, courses, and other educational opportunities for students, post-doctoral researchers, faculty, and other relevant staff at institutions of higher education to increase awareness and understanding of entrepreneurship, patenting, business planning, and other areas relevant to technology transfer, and connect students and researchers to relevant resources, including mentors in the private sector; and
(E)
create and fund competitions to allow entrepreneurial students and faculty to illustrate the commercialization potential of their ideas.
(4)

Minimum duration and size of award
Grants awarded under this subsection shall be at least 3 years in duration and $500,000 in total amount.
(5)

Application
An eligible entity seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of how the eligible entity submitting an application plans to sustain the proposed activities beyond the duration of the grant.
(6)

Authorization of appropriations
From within funds authorized for the Directorate for Science and Engineering Solutions, there are authorized to carry out the activities under this subsection $40 million for each of fiscal years 2022 through 2026.”.
(k)

Entrepreneurial fellowships
(1)

In general
The Director shall award fellowships to Ph.D.-trained scientists and engineers to help develop leaders capable of maturing promising ideas and technologies from lab to market and forge connections between academic research and government, industry, and finance.
(2)

Applications
An applicant for a fellowship under this subsection shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. At a minimum, the Director shall require that applicants—
(A)
have completed a doctoral degree in a STEM field no more than 5 years prior to the date of the application; and
(B)
have included in the application a letter of support from the intended host institution that describes how the fellow will be embedded in that institution’s research environment.
(3)

Outreach
The Director shall conduct program outreach to recruit fellowship applicants—
(A)
from diverse research institutions;
(B)
from all regions of the country; and
(C)
from groups historically underrepresented in STEM fields;
(4)
The Director may enter into an agreement with a third-party entity to administer the fellowships, subject to the provisions of this subsection.
(5)

Authorization of appropriations
There is authorized to be appropriated to the Director $100,000,000 for fiscal years 2022 through 2026, to carry out the activities outlined in this subsection.
(l)

Low-Income scholarship program
(1)

In general
The Director shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or graduate level degrees in mathematics, engineering, or computer science.
(2)

Eligibility
(A)

In general
To be eligible to receive a scholarship under this section, an individual—
(i)
must be a citizen of the United States, a national of the United States (as defined in section 1101(a) of title 8), an alien admitted as a refugee under section 1157 of title 8, or an alien lawfully admitted to the United States for permanent residence;
(ii)
shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and
(iii)
shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 1001(a) of title 20) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, computer science, or other technology and science programs designated by the Director.
(B)

Ability
Awards of scholarships under this section shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States of recipients' places of permanent residence.
(3)

Scholarship amount and renewal
The amount of a scholarship awarded under this section shall be determined by the Director. The Director may renew scholarships for up to 5 years.
(4)

Authorization
Of amounts authorized for the Directorate for Science and Engineering Solutions, $100,000,000 shall be authorized for this program.
(m)

Authorities
In addition to existing authorities available to the Foundation, the Director may exercise the following authorities in carrying out the activities under this section:
(1)

Awards
In carrying out this section, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.
(2)

Appointments
The Director shall have the authority to make appointments of scientific, engineering, and professional personnel for carrying out research and development functions which require the services of specially qualified personnel relating to the focus areas identified under subsection (g) and such other areas of national research priorities as the Director may determine.
(n)

Ethical, legal, and societal considerations
The Director shall establish policies regarding engagement with experts in the social dimensions of science and technology and set up formal avenues for public input, as appropriate, to ensure that ethical, legal, and societal considerations are explicitly integrated into the priorities for the Directorate, including the selection of focus areas under subsection (g), the award-making process, and throughout all stages of supported projects.
(o)

Reports and roadmaps
(1)

Annual report
The Director shall provide to the relevant authorizing and appropriations committees of Congress an annual report describing projects supported by the Directorate during the previous year.
(2)

Roadmap
Not later than 1 year after the date of enactment of this Act, the Director shall provide to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that the Directorate will use to guide investment decisions over the following 3 years.
(p)

Evaluation
(1)

In general
After the Directorate has been in operation for 6 years, the National Science Board shall evaluate how well the Directorate is achieving the purposes identified in subsection (b), including an assessment of the impact of Directorate activities on the Foundation’s primary science mission.
(2)

Inclusions
The evaluation shall include—
(A)
a recommendation on whether the Directorate should be continued or terminated; and
(B)
a description of lessons learned from operation of the Directorate.
(3)

Availability
On completion of the evaluation, the evaluation shall be made available to Congress and the public.
10309.

Administrative amendments
(a)

Supporting veterans in stem careers
Section 3(c) of the Supporting Veterans in STEM Careers Act is amended by striking “annual” and inserting “biennial”.
(b)

Sunshine act compliance
Section 15 of the National Science Foundation Authorization Act of 2002 is amended—
(1)
so that paragraph (3) reads as follows:
“(3)

Compliance review
The Inspector General of the Foundation shall conduct a review of the compliance by the Board with the requirements described in paragraph (2) as necessary based on a triennial risk assessment. Any review deemed necessary shall examine the proposed and actual content of closed meetings and determine whether the closure of the meetings was consistent with section 552b of title 5, United States Code.”; and
(2)
by striking paragraphs (4) and (5) and inserting the following:
“(4)

Materials relating to closed portions of meeting
To facilitate the risk assessment required under paragraph (3) of this subsection, and any subsequent review conducted by the Inspector General, the Office of the National Science Board shall maintain the General Counsel’s certificate, the presiding officer’s statement, and a transcript or recording of any closed meeting, for at least 3 years after such meeting.”.
(c)

Science and engineering indicators report submission
Section 4(j)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) is amended by striking “January 15” and inserting “March 15”.
(d)

Other requirements
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work assisted in whole or in part under this title shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
10310.

Microgravity utilization policy
(a)

Sense of Congress
It is the sense of Congress that space technology and the utilization of the microgravity environment for science, engineering, and technology development is critical to long-term competitiveness with near-peer competitors, including China.
(b)

Policy
To the greatest extent appropriate, the National Science Foundation (in this section referred to as the “Foundation”) shall facilitate access to the microgravity environment for awardees of funding from the Foundation, including in private sector platforms, for the development of science, engineering, and technology.
(c)

Report
Not later than 180 days after the date of enactment of this Act, the Director of the Foundation shall provide to the appropriate committees of Congress a report on the Foundation’s plan for facilitating awardee access to the microgravity environment.
10311.

Recognition of the Arecibo Observatory
(a)

Findings
Congress finds the following:
(1)
The Department of Defense began developing the Arecibo Observatory located in Barrio Esperanza, Arecibo, Puerto Rico, during the 1950s, and its characteristic instrument, a large radio telescope of 305 meters in diameter was completed in 1963.
(2)
The facility was later owned by the National Science Foundation, and supported by the National Aeronautics and Space Administration and various university partners.
(3)
The Arecibo Observatory’s 305-meter fixed spherical radio telescope, was the world’s largest single-dish radio telescope until the Five-Hundred-Meter Aperture Spherical Radio Telescope located in Gizhou, China, began observing in 2016.
(4)
The 305-meter radio telescope made unparalleled contributions to the fields of radio astronomy, planetary, and atmospheric sciences, and played a role in inspiring thousands of students in Puerto Rico, the Nation, and the world to pursue careers in STEM fields through the Arecibo Observatory Education and Public Outreach Programs.
(5)
The radio telescope significantly advanced the field of radio astronomy, including the first indirect detection of gravitational waves, the first detection of extrasolar planets, innumerable contributions to the field of time domain astronomy and the study of the interstellar medium, and played a key role in the search for extraterrestrial intelligence.
(6)
The Arecibo Observatory had the best planetary radar system in the world, used by the National Aeronautics and Space Administration for near-Earth object detection and was an essential part of the agency’s planetary defense program.
(7)
The planetary radar at the Arecibo Observatory has contributed fundamentally and significantly to the knowledge of the solar system.
(8)
The Arecibo Observatory’s Incoherent Scatter Radar and supporting facilities have provided fundamental understanding of the ionosphere and upper atmosphere, and the interface between the atmosphere and space that protects the planet from solar wind, meteors, and other potential threats.
(9)
December 1, 2021, marks the 1-year anniversary of the uncontrolled collapse sustained by the radio telescope after a series of cable failures in tower 4.
(b)

Sense of Congress
It is the sense of Congress that the Congress—
(1)
acknowledges the loss of the Arecibo Observatory’s radio telescope due to its collapse and its implications for the loss of a unique world-class multidisciplinary science facility which conducted research in the areas of space and atmospheric sciences, radar astronomy and planetary sciences, astronomy, and astrophysics;
(2)
acknowledges that the uncontrolled collapse of the 305-meter radio telescope represents a loss of astronomical observation capabilities, scientific research and development, planetary defense capabilities, and applied science capabilities for the United States;
(3)
recognizes the rich scientific, educational, and economic benefits that the Arecibo Telescope has made to the people of Puerto Rico, the Nation, and the world;
(4)
recognizes the work and contributions made by the thousands of dedicated staff who have supported the Arecibo Observatory for close to 6 decades;
(5)
commends the National Science Foundation for convening a virtual workshop in June 2021, to explore ideas for future scientific and educational activities at the Arecibo Observatory; and
(6)
encourages the National Science Foundation, the National Aeronautics and Space Administration, and other agencies to explore opportunities for strengthening and expanding the role of the Arecibo Observatory in Puerto Rico through education, outreach, and diversity programs, and future research capabilities and technology at the site.
10312.

Hands-on learning opportunities in STEM education
(a)

Definitions
In this section:
(1)

ESEA terms
The terms elementary school, high school, secondary school, and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2)

Eligible nonprofit program
The term eligible nonprofit program—
(A)
means a nonprofit program serving prekindergarten, elementary school, or secondary school students; and
(B)
includes a program described in subparagraph (A) that covers the continuum of education from prekindergarten through high school and is available in every State.
(3)

Director
The term Director means the Director of the National Science Foundation.
(4)

STEM
The term STEM means science, technology, engineering, and mathematics.
(b)

Purposes
The purposes of this section are to—
(1)
provide effective, compelling, and engaging means for teaching and reinforcing fundamental STEM concepts and inspiring the youth of the United States to pursue careers in STEM-related fields;
(2)
expand the STEM workforce pipeline by developing and training students for careers in United States STEM fields; and
(3)
broaden participation in the STEM workforce by underrepresented population groups.
(c)

Program authorized
(1)

In general
The Director shall, subject to the availability of appropriations for such purposes, make awards to eligible nonprofit programs for supporting hands-on learning opportunities in STEM education, including via after-school activities and innovative learning opportunities such as robotics competitions and for the purposes of evaluating the impact of such programs on STEM learning and disseminating the results of such evaluations.
(2)

Priority
In making awards under the program, the Director shall give priority to eligible nonprofit programs serving students that attend elementary schools or secondary schools (including high schools) that—
(A)
are implementing comprehensive support and improvement activities or targeted support and improvement activities under paragraph (1) or (2) of section 1111(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)); or
(B)
serve high percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school).
IV

Bioeconomy Research and Development
10401.

Findings
The Congress makes the following findings:
(1)
Cellular and molecular processes may be used, mimicked, or redesigned to develop new products, processes, and systems that improve societal well-being, strengthen national security, and contribute to the economy.
(2)
Engineering biology relies on a workforce with a diverse and unique set of skills combining the biological, physical, chemical, and information sciences and engineering.
(3)
Long-term research and development is necessary to create breakthroughs in engineering biology. Such research and development requires government investment as many of the benefits are too distant or uncertain for industry to support alone.
(4)
Research is necessary to inform evidence-based governance of engineering biology and to support the growth of the engineering biology industry.
(5)
The Federal Government has an obligation to ensure that ethical, legal, environmental, safety, security, and societal implications of its science and technology research and investment follows policies of responsible innovation and fosters public transparency.
(6)
The Federal Government can play an important role by facilitating the development of tools and technologies to further advance engineering biology, including user facilities, by facilitating public-private partnerships, by supporting risk research, and by facilitating the commercial application in the United States of research funded by the Federal Government.
(7)
The United States led the development of the science and engineering techniques that created the field of engineering biology, but due to increasing international competition, the United States is at risk of losing its competitive advantage if it does not strategically invest the necessary resources.
(8)
A National Engineering Biology Initiative can serve to establish new research directions and technology goals, improve interagency coordination and planning processes, drive technology transfer to the private sector, and help ensure optimal returns on the Federal investment.
10402.

Definitions
In this title:
(1)

Biomanufacturing
The term biomanufacturing means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.
(2)

Engineering biology
The term engineering biology means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities.
(3)

Initiative
The term Initiative means the National Engineering Biology Research and Development Initiative established under section 10403.
(4)

Omics
The term “omics” refers to the collective technologies used to explore the roles, relationships, and actions of the various types of molecules that make up the cells and systems of an organism and the systems level analysis of their functions.
10403.

National Engineering Biology Research and Development Initiative
(a)

In general
The President, acting through the Office of Science and Technology Policy, shall implement a National Engineering Biology Research and Development Initiative to advance societal well-being, national security, sustainability, and economic productivity and competitiveness through—
(1)
advancing areas of research at the intersection of the biological, physical, chemical, data, and computational and information sciences and engineering to accelerate scientific understanding and technological innovation in engineering biology;
(2)
advancing areas of biomanufacturing research to optimize, standardize, scale, and deliver new products and solutions;
(3)
supporting social and behavioral sciences and economics research that advances the field of engineering biology and contributes to the development and public understanding of new products, processes, and technologies;
(4)
improving the understanding of engineering biology of the scientific and lay public and supporting greater evidence-based public discourse about its benefits and risks;
(5)
supporting research relating to the risks and benefits of engineering biology, including under subsection (d);
(6)
supporting the development of novel tools and technologies to accelerate scientific understanding and technological innovation in engineering biology;
(7)
expanding the number of researchers, educators, and students and a retooled workforce with engineering biology training, including from traditionally underrepresented and underserved populations;
(8)
accelerating the translation and commercialization of engineering biology and biomanufacturing research and development by the private sector; and
(9)
improving the interagency planning and coordination of Federal Government activities related to engineering biology.
(b)

Initiative activities
The activities of the Initiative shall include—
(1)
sustained support for engineering biology research and development through—
(A)
grants to fund the work of individual investigators and teams of investigators, including interdisciplinary teams;
(B)
projects funded under joint solicitations by a collaboration of no fewer than two agencies participating in the Initiative; and
(C)
interdisciplinary research centers that are organized to investigate basic research questions, carry out technology development and demonstration activities, and increase understanding of how to scale up engineering biology processes, including biomanufacturing;
(2)
sustained support for databases and related tools, including—
(A)
support for the establishment, curation, and maintenance of curated genomics, epigenomics, and other relevant omics databases, including plant, animal, and microbial databases, that are available to researchers to carry out engineering biology research in a manner that does not compromise national security or the privacy or security of information within such databases;
(B)
development of standards for such databases, including for curation, interoperability, and protection of privacy and security;
(C)
support for the development of computational tools, including artificial intelligence tools, that can accelerate research and innovation using such databases; and
(D)
an inventory and assessment of all Federal government omics databases to identify opportunities to improve the utility of such databases, as appropriate and in a manner that does not compromise national security or the privacy and security of information within such databases, and inform investment in such databases as critical infrastructure for the engineering biology research enterprise;
(3)
sustained support for the development, optimization, and validation of novel tools and technologies to enable the dynamic study of molecular processes in situ, including through—
(A)
research conducted at Federal laboratories;
(B)
grants to fund the work of investigators at institutions of higher education and other nonprofit research institutions;
(C)
incentivized development of retooled industrial sites across the country that foster a pivot to modernized engineering biology initiatives; and
(D)
awards under the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as described in section 9 of the Small Business Act (15 U.S.C. 638);
(4)
support for education and training of undergraduate and graduate students in engineering biology, biomanufacturing, bioprocess engineering, and computational science applied to engineering biology and in the related ethical, legal, environmental, safety, security, and other societal domains;
(5)
support for a national network of testbeds based on open standards, interfaces, and processes, including by repurposing existing facilities such as those in paragraph 3(C), that would enable scale up of laboratory engineering biology research;
(6)
activities to develop robust mechanisms for documenting and quantifying the outputs and economic benefits of engineering biology; and
(7)
activities to accelerate the translation and commercialization of new products, processes, and technologies by—
(A)
identifying precompetitive research opportunities;
(B)
facilitating public-private partnerships in engineering biology research and development, including to address barriers to scaling up innovations in engineering biology;
(C)
connecting researchers, graduate students, and postdoctoral fellows with entrepreneurship education and training opportunities; and
(D)
supporting proof of concept activities and the formation of startup companies including through programs such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program.
(c)

Expanding participation
The Initiative shall include, to the maximum extent practicable, outreach to primarily undergraduate and minority-serving institutions about Initiative opportunities, and shall encourage the development of research collaborations between research-intensive universities and primarily undergraduate and minority-serving institutions.
(d)

Ethical, legal, environmental, safety, security, and societal issues
Initiative activities shall take into account ethical, legal, environmental, safety, security, and other appropriate societal issues by—
(1)
supporting research, including in the social sciences, and other activities addressing ethical, legal, environmental, and other appropriate societal issues related to engineering biology, including integrating research on such topics with the research and development in engineering biology, and encouraging the dissemination of the results of such research, including through interdisciplinary engineering biology research centers described in subsection (b)(1);
(2)
supporting research and other activities related to the safety and security implications of engineering biology, including outreach to increase awareness among Federal researchers and Federally-funded researchers at institutions of higher education about potential safety and security implications of engineering biology research, as appropriate;
(3)
ensuring that input from Federal and non-Federal experts on the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology is integrated into the Initiative;
(4)
ensuring, through the agencies and departments that participate in the Initiative, that public input and outreach are integrated into the Initiative by the convening of regular and ongoing public discussions through mechanisms such as workshops, consensus conferences, and educational events, as appropriate; and
(5)
complying with all applicable provisions of Federal law.
10404.

Initiative coordination
(a)

Interagency committee
The President, acting through the Office of Science and Technology Policy, shall designate an interagency committee to coordinate activities of the Initiative as appropriate, which shall be co-chaired by the Office of Science and Technology Policy. The Director of the Office of Science and Technology Policy shall select an additional co-chairperson from among the members of the Interagency Committee. The Interagency Committee shall oversee the planning, management, and coordination of the Initiative. The Interagency Committee shall—
(1)
provide for interagency coordination of Federal engineering biology research, development, and other activities undertaken pursuant to the Initiative;
(2)
establish and periodically update goals and priorities for the Initiative;
(3)
develop, not later than 12 months after the date of the enactment of this Act, and update every 5 years thereafter, a strategic plan submitted to the Committee on Science, Space, and Technology, the Committee on Agriculture, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Health, Education, Labor, and Pensions of the Senate that—
(A)
guides the activities of the Initiative for purposes of meeting the goals and priorities established under (and updated pursuant to) paragraph (2); and
(B)
describes—
(i)
the Initiative’s support for long-term funding for interdisciplinary engineering biology research and development;
(ii)
the Initiative’s support for education and public outreach activities;
(iii)
the Initiative’s support for research and other activities on ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology including—
(I)
an applied biorisk management research plan;
(II)
recommendations for integrating security into biological data access and international reciprocity agreements;
(III)
recommendations for manufacturing restructuring to support engineering biology research, development, and scaling-up initiatives; and
(IV)
an evaluation of existing biosecurity governance policies, guidance, and directives for the purposes of creating an adaptable, evidence-based framework to respond to emerging biosecurity challenges created by advances in engineering biology;
(iv)
how the Initiative will contribute to moving results out of the laboratory and into application for the benefit of society and United States competitiveness; and
(v)
how the Initiative will measure and track the contributions of engineering biology to United States economic growth and other societal indicators;
(4)
develop a national genomic sequencing strategy to ensure engineering biology research fully leverages plant, animal, and microbe biodiversity, as appropriate and in a manner that does not compromise economic competitiveness, national security, or the privacy or security of human genetic information, to enhance long-term innovation and competitiveness in engineering biology in the United States;
(5)
develop a plan to utilize Federal programs, such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program as described in section 9 of the Small Business Act (15 U.S.C. 638), in support of the activities described in section 10403(b)(3); and
(6)
in carrying out this section, take into consideration the recommendations of the advisory committee established under section 10405, the results of the workshop convened under section 10406, existing reports on related topics, and the views of academic, State, industry, and other appropriate groups.
(b)

Quinquennial report
Beginning with fiscal year 2022 and ending in fiscal year 2028, not later than 90 days after submission of the President’s annual budget request and every fifth fiscal year thereafter, the Interagency Committee shall prepare and submit to the Committee on Science, Space, and Technology and the Committee on Agriculture of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—
(1)
a summarized agency budget in support of the Initiative for the fiscal year to which such budget request applies, for the following 2 fiscal years, for the then current fiscal year, including a breakout of spending for each agency participating in the Program, and for the development and acquisition of any research facilities and instrumentation; and
(2)
an assessment of how Federal agencies are implementing the plan described in subsection (a)(3), including—
(A)
a description of the amount and number of awards made under the Small Business Innovation Research Program and the Small Business Technology Transfer Program (as described in section 9 of the Small Business Act (15 U.S.C. 638)) in support of the Initiative;
(B)
a description of the amount and number of projects funded under joint solicitations by a collaboration of no fewer than 2 agencies participating in the Initiative; and
(C)
a description of the effect of the newly funded projects by the Initiative.
(c)

Initiative office
(1)

In general
The President shall establish an Initiative Coordination Office, with a Director and full-time staff, which shall—
(A)
provide technical and administrative support to the interagency committee and the advisory committee established under section 10405;
(B)
serve as the point of contact on Federal engineering biology activities for government organizations, academia, industry, professional societies, State governments, interested citizen groups, and others to exchange technical and programmatic information;
(C)
oversee interagency coordination of the Initiative, including by encouraging and supporting joint agency solicitation and selection of applications for funding of activities under the Initiative, as appropriate;
(D)
conduct public outreach, including dissemination of findings and recommendations of the advisory committee established under section 10405, as appropriate;
(E)
serve as the coordinator of ethical, legal, environmental, safety, security, and other appropriate societal input; and
(F)
promote access to, and early application of, the technologies, innovations, and expertise derived from Initiative activities to agency missions and systems across the Federal Government, and to United States industry, including startup companies.
(2)

Funding
The Director of the Office of Science and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President’s annual budget request to Congress.
(3)

Termination
The Initiative Coordination Office established under this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act.
(d)

Rule of construction
Nothing in this section shall be construed to alter the policies, processes, or practices of individual Federal agencies in effect on the day before the date of the enactment of this Act relating to the conduct of biomedical research and advanced development, including the solicitation and review of extramural research proposals.
10405.

Advisory committee
(a)

In general
The agency co-chair of the interagency committee established in section 10404 shall, in consultation with the Office of Science and Technology Policy, designate or establish an advisory committee on engineering biology research and development (in this section referred to as the “advisory committee”) to be composed of not fewer than 12 members, including representatives of research and academic institutions, industry, and nongovernmental entities, who are qualified to provide advice on the Initiative.
(b)

Assessment
The advisory committee shall assess—
(1)
the current state of United States competitiveness in engineering biology, including the scope and scale of United States investments in engineering biology research and development in the international context;
(2)
current market barriers to commercialization of engineering biology products, processes, and tools in the United States;
(3)
progress made in implementing the Initiative;
(4)
the need to revise the Initiative;
(5)
the balance of activities and funding across the Initiative;
(6)
whether the strategic plan developed or updated by the interagency committee established under section 10404 is helping to maintain United States leadership in engineering biology; and
(7)
whether ethical, legal, environmental, safety, security, and other appropriate societal issues are adequately addressed by the Initiative.
(c)

Reports
Beginning not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the advisory committee shall submit to the President, the Committee on Science, Space, and Technology and the Committee on Agriculture of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on—
(1)
the findings of the advisory committee’s assessment under subsection (b); and
(2)
the advisory committee’s recommendations for ways to improve the Initiative.
(d)

Application of Federal Advisory Committee Act
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
(e)

Termination
The advisory committee established under subsection (a) shall terminate on the date that is 10 years after the date of the enactment of this Act.
10406.

External review of ethical, legal, environmental, safety, security, and societal issues
(a)

In general
Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a review, and make recommendations with respect to, the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology research and development. The review shall include—
(1)
an assessment of the current research on such issues;
(2)
a description of the research gaps relating to such issues;
(3)
recommendations on how the Initiative can address the research needs identified pursuant to paragraph (2); and
(4)
recommendations on how researchers engaged in engineering biology can best incorporate considerations of ethical, legal, environmental, safety, security, and other societal issues into the development of research proposals and the conduct of research.
(b)

Report to Congress
The agreement entered into under subsection (a) shall require the National Academies of Sciences, Engineering, and Medicine to, not later than 2 years after the date of the enactment of this Act—
(1)
submit to the Committee on Science, Space, and Technology and the Committee on Agriculture of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the findings and recommendations of the review conducted under subsection (a); and
(2)
make a copy of such report available on a publicly accessible website.
10407.

Agency activities
(a)

National Science Foundation
As part of the Initiative, the National Science Foundation shall—
(1)
support research in engineering biology and biomanufacturing through individual grants, collaborative grants, and through interdisciplinary research centers;
(2)
support research on the environmental, legal, ethical, and social implications of engineering biology;
(3)
provide support for research instrumentation, equipment, and cyberinfrastructure for engineering biology disciplines, including support for research, development, optimization and validation of novel technologies to enable the dynamic study of molecular processes in situ;
(4)
support curriculum development and research experiences for secondary, undergraduate, and graduate students in engineering biology and biomanufacturing, including through support for graduate fellowships and traineeships in engineering biology; and
(5)
award grants, on a competitive basis, to enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting.
(b)

Department of Commerce
(1)

National Institute of Standards and Technology
As part of the Initiative, the Director of the National Institute of Standards and Technology shall—
(A)
advance the development of standard reference materials and measurements, including to promote interoperability between new component technologies and processes for engineering biology and biomanufacturing discovery, innovation, and production processes;
(B)
create new data tools, techniques, and processes necessary to advance engineering biology and biomanufacturing;
(C)
provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; and
(D)
provide technical expertise to inform the potential development of guidelines or safeguards for new products, processes, and systems of engineering biology.
(2)

National Oceanic and Atmospheric Administration
As part of the initiative, the Administrator of the National Oceanic and Atmospheric Administration shall—
(A)
conduct and support research in omics and associated bioinformatic sciences and develop tools and products to improve ecosystem stewardship, monitoring, management, assessments and forecasts, consistent with the mission of the agency; and
(B)
collaborate with other agencies to understand potential environmental threats and safeguards related to engineering biology.
(c)

Department of Energy
As part of the Initiative, the Secretary of Energy shall—
(1)
conduct and support research, development, demonstration, and commercial application activities in engineering biology, including in the areas of synthetic biology, advanced biofuel and bioproduct development, biobased materials, and environmental remediation;
(2)
support the development, optimization and validation of novel, scalable tools and technologies to enable the dynamic study of molecular processes in situ;
(3)
provide access to user facilities with advanced or unique equipment, services, materials, and other resources, including secure access to high-performance computing, as appropriate, to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; and
(4)
strengthen collaboration between the Office of Science and the Energy Efficiency and Renewable Energy Office to help transfer fundamental research results to industry and accelerate commercial applications.
(d)

National Aeronautics and Space Administration
As part of the Initiative, the National Aeronautics and Space Administration shall—
(1)
conduct and support research in engineering biology, including in synthetic biology, and related to Earth and space sciences, aeronautics, space technology, and space exploration and experimentation, consistent with the priorities established in the National Academies’ decadal surveys; and
(2)
award grants, on a competitive basis, that enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting.
(e)

Department of Agriculture
As part of the Initiative, the Secretary of Agriculture shall support research and development in engineering biology, including in synthetic biology, alternative proteins, and biomaterials, through the Agricultural Research Service, the National Institute of Food and Agriculture programs, and the Office of the Chief Scientist.
(f)

Environmental Protection Agency
As part of the Initiative, the Environmental Protection Agency shall support research on how products, processes, and systems of engineering biology will affect or can protect the environment.
(g)

Department of Health and Human Services
As part of the Initiative, the Secretary of Health and Human Services, as appropriate and consistent with activities of the Department of Health and Human Services in effect on the day before the date of the enactment of this Act, shall—
(1)
support research and development to advance the understanding and application of engineering biology for human health;
(2)
support relevant interdisciplinary research and coordination; and
(3)
support activities necessary to facilitate oversight of relevant emerging biotechnologies.
10408.

Rule of construction
Nothing in this title shall be construed to require public disclosure of information that is exempt from mandatory disclosure under section 552 of title 5, United States Code.
V

Broadening Participation in Science
A

STEM Opportunities
10501.

Findings
The Congress finds the following:
(1)
Many reports over the past decade have found that it is critical to our Nation’s economic leadership and global competitiveness that the United States educates and trains more scientists and engineers.
(2)
Research shows that women and minorities who are interested in STEM careers are disproportionately lost at nearly every educational transition and at every career milestone.
(3)
The National Center for Science and Engineering Statistics at the National Science Foundation collects, compiles, analyzes, and publishes data on the demographics of STEM degrees and STEM jobs in the United States.
(4)
Women now earn nearly 37 percent of all STEM bachelor’s degrees, but major variations persist among fields. In 2017, women earned only 20 percent of all bachelor’s degrees awarded in engineering and 19 percent of bachelor’s degrees awarded in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for nearly 60 percent of the projected annual growth of newly created STEM job openings from 2016 to 2026.
(5)
In 2017, underrepresented minority groups comprised 39 percent of the college-age population of the United States, but only 18 percent of students who earned bachelor’s degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to approximately 33 percent of White students and 42 percent of Asian students who complete their degree within 5 years.
(6)
In some STEM fields, including the computer sciences, women persist at about the same rate through doctorate degrees. In other STEM fields, women persist through doctorate degrees at a lower rate. In mathematics, women earn just 26 percent of doctorate degrees compared with 42 percent of undergraduate degrees. Overall, women earned 38 percent of STEM doctorate degrees in 2016. The rate of minority students earning STEM doctorate degrees in physics is 9 percent, compared with 15 percent for bachelor’s degree. Students from underrepresented minority groups accounted for only 11.5 percent of STEM doctorate degrees awarded in 2016.
(7)
The representation of women in STEM drops significantly from the doctorate degree level to the faculty level. Overall, women hold only 26 percent of all tenured and tenure-track positions and 27 percent of full professor positions in STEM fields in our Nation’s universities and 4-year colleges. Black and Hispanic faculty together hold about 6.8 percent of all tenured and tenure-track positions and 7.5 percent of full professor positions. Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the National Science Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed.
(8)
The representation of women is especially low at our Nation’s top research universities. Even in the biological sciences, in which women now earn more than 50 percent of the doctorates and passed the 25 percent level 37 years ago, women make up only 25 percent of the full professors at the approximately 100 most research-intensive universities in the United States. In the physical sciences and mathematics, women make up only 11 percent of full professors, in computer sciences only 10 percent, and across engineering fields only 7 percent. The data suggest that approximately 6 percent of all tenure-track STEM faculty members at the most research-intensive universities are from underrepresented minority groups, but in some fields the numbers are too small to report publicly.
(9)
By 2050, underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor’s degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy.
(10)
According to a 2014 Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands.
(11)
Female students and students from underrepresented minority groups at institutions of higher education who see few others ‘‘like themselves’’ among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM.
(12)
One in five children in the United States attend school in a rural community. The data shows that rural students are at a disadvantage with respect to STEM readiness. Among STEM-interested students, 17 percent of students in rural high schools and 18 percent of students in town-located high schools meet the ACT STEM Benchmark, compared with 33 percent of students in suburban high schools and 27 percent of students in urban high schools.
(13)
A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women, minorities, and other groups historically underrepresented in STEM.
(14)
Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases.
(15)
In 2012, the Office of Diversity and Equal Opportunity of the National Aeronautics and Space Administration (in this subtitle referred to as “NASA”) completed a report that—
(A)
is specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination; and
(B)
provides guidance that is usable by all institutions of higher education receiving significant Federal research funding on how to conduct meaningful self-evaluations of campus culture and policies.
(16)
The Federal Government provides 55 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure.
10502.

Purposes
The purposes of this subtitle are as follows:
(1)
To ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging the entire talent pool of the United States.
(2)
To promote research on, and increase understanding of, the participation and trajectories of women, minorities, and other groups historically underrepresented in STEM studies and careers, including persons with disabilities, older learners, veterans, and rural, poor, and tribal populations, at institutions of higher education and Federal science agencies, including Federal laboratories.
(3)
To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers at all levels.
(4)
To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers.
(5)
To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields.
10503.

Federal science agency policies for caregivers
(a)

OSTP guidance
Not later than 6 months after the date of enactment of this Act, the Director, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that—
(1)
apply to all—
(A)
research awards granted by such agency; and
(B)
principal investigators of such research and their trainees, including postdoctoral researchers and graduate students, who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and
(2)
provide—
(A)
flexibility in timing for the initiation of approved research awards granted by such agency;
(B)
no-cost extensions of such research awards;
(C)
grant supplements, as appropriate, to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards; and
(D)
any other appropriate accommodations at the discretion of the director of each such agency.
(b)

Uniformity of guidance
In providing guidance under subsection (a), the Director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies.
(c)

Establishment of policies
Consistent with the guidance under subsection (a), Federal science agencies shall—
(1)
maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and
(2)
broadly disseminate such policies to current and potential grantees.
(d)

Data on usage
Federal science agencies shall—
(1)
collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and
(2)
report such data on an annual basis to the Director in such form as required by the Director.
10504.

Collection and reporting of data on Federal research grants
(a)

Collection of data
(1)

In general
Each Federal science agency shall collect, as practicable, with respect to all applications for merit-reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency, the standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget.
(2)

Uniformity and standardization
The Director, in consultation with the Director of the National Science Foundation, shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1).
(3)

Record-level data
(A)

Requirement
Beginning not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director.
(B)

Previous data
As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the date of such submission.
(b)

Reporting of data
The Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, and years since completion of doctoral degree, including in conjunction with the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96–516).
10505.

Policies for review of Federal research grants
(a)

In general
Each Federal science agency shall implement the policy recommendations with respect to reducing the impact of implicit bias at Federal science agencies and grantee institutions as developed by the Office of Science and Technology Policy in the 2016 report entitled “Reducing the Impact of Bias in the STEM Workforce” and any subsequent updates.
(b)

Pilot activity
In consultation with the National Science Foundation and consistent with policy recommendations referenced in subsection (a), each Federal science agency shall implement a 2-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to, and minimize the effects of, implicit bias in the review of extramural and intramural Federal research grants.
(c)

Establishment of policies
Drawing upon lessons learned from the pilot activity under subsection (b), each Federal science agency shall maintain or develop and implement evidence-based policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants.
(d)

Assessment of policies
Federal science agencies shall regularly assess, and amend as necessary, the policies and practices implemented pursuant to subsection (c) to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants.
10506.

Collection of data on demographics of faculty
(a)

Collection of data
(1)

In general
Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from grantees on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education.
(2)

Considerations
To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, and years since completion of doctoral degree—
(A)
the number and percentage of faculty;
(B)
the number and percentage of faculty at each rank;
(C)
the number and percentage of faculty who are in nontenure-track positions, including teaching and research;
(D)
the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure;
(E)
faculty years in rank;
(F)
the number and percentage of faculty to leave tenure-track positions;
(G)
the number and percentage of faculty hired, by rank; and
(H)
the number and percentage of faculty in leadership positions.
(b)

Existing surveys
The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)—
(1)
take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or
(2)
award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account.
(c)

Reporting data
The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96–516).
(d)

Authorization of appropriations
There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2022 through 2024 to develop and carry out the initial survey required under subsection (a).
10507.

Cultural and institutional barriers to expanding the academic and Federal STEM workforce
(a)

Best practices at institutions of higher education and Federal laboratories
(1)

Development of guidance
Not later than 12 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall develop written guidance for institutions of higher education and Federal laboratories on the best practices for—
(A)
conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, or advancement of women, racial and ethnic minorities, and other groups historically underrepresented in STEM studies and careers; and
(B)
providing educational opportunities, including workshops as described in subsection (b), for STEM faculty, research personnel, and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel.
(2)

Existing guidance
In developing the guidance under paragraph (1), the Director shall utilize guidance already developed by Federal science agencies.
(3)

Dissemination of guidance
Federal science agencies shall broadly disseminate the guidance developed under paragraph (1) to institutions of higher education that receive Federal research funding and Federal laboratories.
(4)

Establishment of policies
Consistent with the guidance developed under paragraph (1)—
(A)
the Director of the National Science Foundation shall develop a policy that—
(i)
applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and
(ii)
requires each such institution, not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance developed under paragraph (1); and
(B)
each Federal science agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory.
(b)

Workshops To address cultural barriers to expanding the academic and Federal STEM workforce
(1)

In general
Not later than 6 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient’s research record, of academic and Federal STEM researchers.
(2)

Interagency coordination
The Director shall, to the extent practicable, ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate.
(3)

Minimizing costs
To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel.
(4)

Priority fields for academic participants
In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or nonfaculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics.
(5)

Organizations eligible to carry out workshops
A Federal science agency may carry out the program of workshops under this subsection by making grants to organizations made eligible by the Federal science agency and any of the following organizations:
(A)
Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines.
(B)
Nonprofit organizations that have the primary mission of advancing the participation of women, minorities, or other groups historically underrepresented in STEM.
(6)

Characteristics of workshops
The workshops shall have the following characteristics:
(A)
Invitees to workshops shall include at least—
(i)
the chairs of departments in the relevant STEM discipline or disciplines from doctoral degree granting institutions that receive Federal research funding; and
(ii)
in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair.
(B)
Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias.
(C)
Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by different underrepresented groups, including minority women, minority men, persons from rural and underserved areas, persons with disabilities, gender and sexual minority individuals, and first generation graduates in research.
(D)
Workshop programs shall include information on best practices for mentoring undergraduate, graduate, and postdoctoral women, minorities, and other students from groups historically underrepresented in STEM.
(7)

Data on workshops
Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will—
(A)
collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees;
(B)
conduct attitudinal surveys on workshop attendees before and after the workshops; and
(C)
collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop.
(8)

Report to NSF
Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director.
(c)

Report to Congress
Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes—
(1)
a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and
(2)
a description and evaluation of the status and effectiveness of the program of workshops required under subsection (b), including a summary of any data reported under paragraph (8) of such subsection.
(d)

Authorization of appropriations
There are authorized to be appropriated to the Director of the National Science Foundation $1,000,000 in each of fiscal years 2022 through 2026 to carry out this section.
10508.

Research and dissemination at the National Science Foundation
(a)

In general
The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this subtitle, including—
(1)
research grants to analyze the record-level data collected under section 10504 and section 10506, consistent with policies to ensure the privacy of individuals identifiable by such data;
(2)
research grants to study best practices for work-life accommodation;
(3)
research grants to study the impact of policies and practices that are implemented under this subtitle or that are otherwise consistent with the purposes of this subtitle;
(4)
collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and
(5)
collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices.
(b)

Authorization of appropriations
There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2022 through 2026 to carry out this section.
10509.

Research and related activities to expand STEM opportunities
(a)

National Science Foundation support for increasing diversity among stem faculty at institutions of higher education
Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–5) is amended—
(1)
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(2)
by inserting after subsection (d) the following:
“(e)

Support for increasing diversity among STEM faculty at institutions of higher education
(1)

In general
The Director of the Foundation shall award grants to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers.
(2)

Merit review; competition
Grants shall be awarded under this subsection on a merit-reviewed, competitive basis.
(3)

Use of funds
Activities supported by grants under this subsection may include—
(A)
institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups;
(B)
implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program;
(C)
development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process;
(D)
development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups;
(E)
professional development opportunities for faculty members from underrepresented minority groups;
(F)
activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields;
(G)
activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and
(H)
other activities consistent with paragraph (1), as determined by the Director of the Foundation.
(4)

Selection process
(A)

Application
An institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of—
(i)
the reform effort that is being proposed for implementation by the institution of higher education;
(ii)
any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues;
(iii)
how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and
(iv)
how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change.
(B)

Review of applications
In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum—
(i)
the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority;
(ii)
the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups;
(iii)
the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and
(iv)
the degree to which evaluation and assessment plans are included in the design of the proposed reform effort.
(C)

Grant distribution
The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.
(5)

Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2022 through 2026.”.
(b)

National Science Foundation support for broadening participation in undergraduate STEM education
Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–5), as amended by subsection (b), is further amended by inserting after subsection (e) the following:
“(f)

Support for broadening participation in undergraduate STEM education
(1)

In general
The Director of the Foundation shall award grants to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields.
(2)

Merit review; competition
Grants shall be awarded under this subsection on a merit-reviewed, competitive basis.
(3)

Use of funds
Activities supported by grants under this subsection may include—
(A)
implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields;
(B)
implementation or expansion of bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields;
(C)
implementation or expansion of outreach programs linking institutions of higher education and K–12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers;
(D)
implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups;
(E)
implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields;
(F)
expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education;
(G)
expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites;
(H)
provision of stipends for students from underrepresented minority groups participating in research;
(I)
development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions;
(J)
support for graduate students and post­doctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and 2-year institutions of higher education; and
(K)
other activities consistent with paragraph (1), as determined by the Director of the Foundation.
(4)

Selection process
(A)

Application
An institution of higher education (or a consortia thereof) seeking a grant under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum—
(i)
a description of the proposed reform effort;
(ii)
a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups;
(iii)
evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal;
(iv)
a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and
(v)
how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change.
(B)

Review of applications
In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum—
(i)
the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units;
(ii)
the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups;
(iii)
the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and
(iv)
the degree to which evaluation and assessment plans are included in the design of the proposed reform effort.
(C)

Grant distribution
The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this subsection are made to a variety of types of institutions of higher education, including 2-year and minority-serving institutions of higher education.
(5)

Education research
(A)

In general
All grants made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions.
(B)

Dissemination
The Director of the Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public.
(6)

Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.”.
10510.

Tribal Colleges and Universities Program
(a)

Grants To broaden tribal college and university student participation in computer science
Section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13) is amended by inserting after subsection (c) the following:
“(d)

Grants To broaden tribal college and university student participation in computer science
(1)

In general
The Director, as part of the program authorized under this section, shall award grants on a competitive, merit-reviewed basis to eligible entities to increase the participation of tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem-solving, critical thinking, creativity and collaboration.
(2)

Purpose
Grants awarded under this subsection shall support—
(A)
research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities;
(B)
research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending tribal colleges and universities;
(C)
research, development and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities; and
(D)
other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director.
(3)

Partnerships
A tribal college or university seeking a grant under this subsection, or a consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development.
(4)

Coordination
In carrying out this subsection, the Director shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this subsection.
(5)

Authorization of appropriations
There are authorized to be appropriated to the Director of the Foundation $2,000,000 in each of fiscal years 2022 through 2026 to carry out this subsection.”.
(b)

Evaluation
(1)

In general
Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall evaluate the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13), as amended.
(2)

Requirements
In conducting the evaluation under paragraph (1), the Director of the National Science Foundation shall, as practicable—
(A)
use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research conducted pursuant to grants programs under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13);
(B)
include an assessment of the effectiveness of such grant programs in expanding access to high quality STEM education, research, and outreach at tribal colleges and universities, as applicable;
(C)
assess the number of students who participated in such grant programs; and
(D)
assess the percentage of students participating in such grant programs who successfully complete their education programs.
(3)

Report
Not later than 180 days after the date on which the evaluation under paragraph (1) is completed, the Director of the National Science Foundation shall submit to Congress and make available to the public, a report on the results of the evaluation, including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010, as amended by subsection (a).
10511.

Report to Congress
Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes—
(1)
a description and evaluation of the status and usage of policies implemented pursuant to section 10503 at all Federal science agencies, including any recommendations for revising or expanding such policies;
(2)
with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants under section 10505—
(A)
what steps all Federal science agencies have taken to implement policies and practices to minimize such effects;
(B)
a description of any significant updates to the policies for review of Federal research grants required under such section; and
(C)
any evidence of the impact of such policies on the review or awarding of Federal research grants; and
(3)
a description and evaluation of the status of institution of higher education and Federal laboratory policies and practices required under section 10507(a), including any recommendations for revising or expanding such policies.
10512.

Merit review
Nothing in this subtitle shall be construed as altering any intellectual or broader impacts criteria at Federal science agencies for evaluating grant applications.
10513.

Determination of budgetary effects
The budgetary effects of this subtitle, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this subtitle, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
10514.

Definitions
In this subtitle:
(1)

Director
The term Director means the Director of the Office of Science and Technology Policy.
(2)

Federal laboratory
The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3)

Federal science agency
The term Federal science agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.
(4)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5)

Interagency working group on inclusion in STEM
The term interagency working group on inclusion in STEM means the interagency working group established by section 308 of the American Innovation and Competitiveness Act (42 U.S.C. 6626).
(6)

STEM
The term STEM means science, technology, engineering, and mathematics, including computer science.
B

Rural STEM Education Research
10521.

Findings
Congress finds the following:
(1)
The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage.
(2)
According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade.
(3)
Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs.
(4)
The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM.
(5)
According to the National Center for Education Statistics, nine million students in the United States—nearly 20 percent of the total K–12 population—attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation’s urban and suburban schools.
(6)
Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture.
(7)
The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, math, geology, computer science, and other scientific fields.
(8)
Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. To help meet this demand, it is important rural students have the opportunity to acquire computing skills through exposure to computer science learning in grades Pre–K through 12 and in informal learning settings.
(9)
More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States.
10522.

NIST engagement with rural communities
(a)

MEP Outreach
Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended—
(1)
in subsection (c)—
(A)
in paragraph (6), by striking “community colleges and area career and technical education schools” and inserting the following: “secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,”; and
(B)
in paragraph (7)—
(i)
by striking “and local colleges” and inserting the following: “local high schools and local colleges, including historically Black colleges and universities, Tribal Colleges or Universities, minority serving institutions, and those in underserved and rural communities,”; and
(ii)
by inserting “or other applied learning opportunities” after “apprenticeships”; and
(2)
in subsection (d)(3) by striking “, community colleges, and area career and technical education schools,” and inserting the following: “and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,”.
(b)

Rural Connectivity Prize Competition
(1)

Prize competition
Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the “Secretary”), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities.
(2)

Plan for deployment in rural communities
Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community.
(3)

Prize amount
In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition.
(4)

Report
Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition.
(5)

Consultation
In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government.
10523.

NITR-D broadband working group
Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following:
“103.

Broadband research and development working group
(a)

In General
The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States.
(b)

Activities
The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including—
(1)
promising research areas;
(2)
requirements for data collection and sharing;
(3)
opportunities for better alignment and coordination across Federal agencies and external stakeholders; and
(4)
input on the development of new Federal policies and programs to enhance data collection and research.
(c)

Coordination
The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 (Public Law 115–334) and the National Institute of Food and Agriculture of the Department of Agriculture.
(d)

Report
The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D).
(e)

Sunset
The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the America COMPETES Act of 2022.” .
10524.

National Academy of Sciences evaluation
(a)

Study
Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that—
(1)
evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in grades Pre–K through 12 and workforce development in rural areas;
(2)
assesses the impact of the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in grades Pre–K through 12 in rural areas;
(3)
assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; and
(4)
makes recommendations for action at the Federal, State, and local levels for improving STEM education for students in grades Pre–K through 12 and workforce development in rural areas.
(b)

Report to Director
The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy’s findings and recommendations.
(c)

Authorization of appropriations
There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022.
10525.

GAO review
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes—
(1)
an assessment of how Federal STEM education programs are serving rural populations;
(2)
a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas;
(3)
an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and
(4)
an assessment of challenges that state and Federal STEM education programs face in reaching rural population centers.
10526.

Capacity building through EPSCOR
Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—
(1)
in subparagraph (A), by striking “and” at the end; and
(2)
by adding at the end the following:
“(C)
to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and”.
10527.

National Science Foundation rural STEM Research activities
(a)

Preparing Rural STEM Educators
(1)

In general
The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools.
(2)

Use of funds
(A)

In General
Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include—
(i)
engaging rural educators of students in grades Pre–K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices;
(ii)
supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the trans­dis­ci­plin­ary teaching approach for STEM disciplines;
(iii)
designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses;
(iv)
coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas;
(v)
providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories , institutions of higher education, or in industry;
(vi)
developing training and best practices for educators who teach multiple grade levels within a STEM discipline;
(vii)
designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and
(viii)
any other activity the Director determines will accomplish the goals of this subsection.
(B)

Rural stem collaborative
The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre–K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry.
(b)

Broadening participation of rural students in STEM
(1)

In general
The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for—
(A)
research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and
(B)
development of innovative solutions to improve the participation and advancement of rural students in grades Pre–K through 12 in STEM studies.
(2)

Use of Funds
(A)

In General
Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include—
(i)
developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students;
(ii)
supporting research on effective STEM practices in rural settings;
(iii)
implementing a school-wide STEM approach;
(iv)
improving the National Science Foundation’s Advanced Technology Education program’s coordination and engagement with rural communities;
(v)
collaborating with existing community partners and networks, such as the cooperative research and extension services of the Department of Agriculture and youth serving organizations like 4–H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming;
(vi)
connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement;
(vii)
supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in grades Pre–K through 12 in a rural area;
(viii)
evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students;
(ix)
building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, maker­spaces, coding activities, and competitions;
(x)
creating partnerships with local industries and local educational agencies to tailor STEM curricula and educational experiences to the needs of a particular local or regional economy; and
(xi)
any other activity the Director determines will accomplish the goals of this subsection.
(c)

Application
An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following:
(1)
A description of the target population to be served by the research activity or activities for which such grant is sought.
(2)
A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities.
(3)
A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre–K through 12 in STEM studies.
(4)
In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial.
(d)

Partnerships
In awarding grants under subsection (a) or (b), the Director shall—
(1)
encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in grades Pre–K through 12 in STEM;
(2)
encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts; and
(3)
encourage applications which, for the purpose of the activity or activities funded through the grant, include commitments from school principals and administrators to making reforms and activities proposed by the applicant a priority.
(e)

Evaluations
All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects.
(f)

Accountability and dissemination
(1)

Evaluation required
The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall—
(A)
use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and
(B)
to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student’s pursuit of degrees or careers in STEM.
(2)

Report on evaluations
Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes—
(A)
the results of the evaluation; and
(B)
any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section.
(g)

Report by Committee on Equal Opportunities in Science and Engineering
(1)

In general
As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include—
(A)
a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and
(B)
an assessment of trends in participation of rural students in grades Pre–K through 12 in Foundation activities, and an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goals of this subtitle.
(2)

Technical correction
(A)

In general
Section 313 of the American Innovation and Competitiveness Act (Public Law 114–329) is amended by striking “Section 204(e) of the National Science Foundation Authorization Act of 1988” and inserting “Section 36(e) of the Science and Engineering Equal Opportunities Act”.
(B)

Applicability
The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114–329).
(h)

Coordination
In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies.
(i)

Authorization of appropriations
There are authorized to be appropriated to the Director—
(1)
$8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and
(2)
$12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026.
10528.

Researching opportunities for online education
(a)

In general
The Director shall, subject to appropriations, award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities.
(b)

Research areas
The research areas eligible for funding under this subsection shall include—
(1)
evaluating the learning and achievement of rural students in grades Pre–K through 12 in STEM subjects;
(2)
understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in grades Pre–K through 12;
(3)
combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements;
(4)
leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and
(5)
any other activity the Director determines will accomplish the goals of this subsection.
(c)

Evaluations
All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects.
(d)

Accountability and dissemination
(1)

Evaluation required
The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall—
(A)
use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and
(B)
to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities.
(2)

Report on evaluations
Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes—
(A)
the results of the evaluation; and
(B)
any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section.
(e)

Coordination
In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies.
10529.

Definitions
In this subtitle:
(1)

Director
The term Director means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861).
(2)

Federal Laboratory
The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3)

Foundation
The term Foundation means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861).
(4)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5)

STEM
The term STEM has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note).
(6)

STEM education
The term STEM education has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).
C

MSI STEM Achievement
10531.

Findings
Congress makes the following findings:
(1)
Evidence suggests that the supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage.
(2)
According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade.
(3)
STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM occupations.
(4)
The composition of the STEM workforce does not reflect the current or projected diversity of the Nation, with Hispanics, African Americans, and other racial and ethnic minorities, significantly underrepresented in the STEM workforce compared to their presence in the workforce more generally.
(5)
A stronger national commitment to increasing the diversity of the STEM workforce is needed to help address the STEM skills shortage.
(6)
According to a 2019 National Academies of Sciences, Engineering, and Medicine report entitled “Minority Serving Institutions: America’s Underutilized Resource for Strengthening the STEM Workforce”, 2- and 4-year minority serving institutions enroll nearly 30 percent of all undergraduate students—a percentage that is expected to grow in the coming years—in the United States higher education system and play a critical role in providing important pathways to STEM-related education, training, and careers for students of color.
(7)
HBCUs, TCUs, and MSIs are highly successful at educating underrepresented minority students in STEM fields and can serve as best practice models for other colleges and universities to further expand participation of underrepresented minorities in the STEM workforce.
(8)
Increased investment in STEM infrastructure at HBCUs, TCUs, and MSIs has the potential to increase these institutions’ ability to educate even more students in the STEM disciplines.
(9)
With the demand for STEM skills exceeding the supply of STEM graduates, success of HBCUs, TCUs, and MSIs in educating and training science and engineering leaders is increasingly important for United States economic growth and competitiveness.
10532.

Government Accountability Office review
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress—
(1)
an inventory of competitive funding programs and initiatives carried out by Federal science agencies that are targeted to HBCUs, TCUs, and MSIs or partnerships with HBCUs, TCUs, and MSIs;
(2)
an assessment of Federal science agency outreach activities to increase the participation and competitiveness of HBCUs, TCUs, and MSIs in the funding programs and initiatives identified in paragraph (1); and
(3)
recommendations of the Comptroller General to increase the participation of and the rate of success of HBCUs, TCUs, and MSIs in competitive funding programs offered by Federal science agencies.
10533.

Research and capacity building
(a)

In general
The Director of the National Science Foundation shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia thereof) to—
(1)
conduct research described in subsection (b) with respect to HBCUs, TCUs, and MSIs;
(2)
conduct activities described in subsection (c) to build the capacity of HBCUs, TCUs, and MSIs to graduate students who are competitive in attaining and advancing in the STEM workforce;
(3)
build the research capacity and competitiveness of HBCUs, TCUs, and MSIs in STEM disciplines; and
(4)
identify and broadly disseminate effective models for programs and practices at HBCUs, TCUs, and MSIs that promote the education and workforce preparation of minority students pursuing STEM studies and careers in which such students are underrepresented.
(b)

Research
Research described in this subsection is research on the contribution of HBCUs, TCUs, and MSIs to the education and training of underrepresented minority students in STEM fields and to the meeting of national STEM workforce needs, including—
(1)
the diversity with respect to local context, cultural differences, and institutional structure among HBCUs, TCUs, and MSIs and any associated impact on education and research endeavors;
(2)
effective practices at HBCUs, TCUs, and MSIs and associated outcomes on student recruitment, retention, and advancement in STEM fields, including the ability for students to compete for fellowships, employment, and advancement in the workforce;
(3)
contributions made by HBCUs, TCUs, and MSIs to local, regional, and national workforces;
(4)
the unique challenges and opportunities for HBCUs, TCUs, and MSIs in attaining the resources needed for integrating effective practices in STEM education, including providing research experiences for underrepresented minority students;
(5)
the access of students at HBCUs, TCUs, and MSIs to STEM infrastructure and any associated outcomes for STEM competency;
(6)
models of STEM curriculum, learning, and teaching successful at HBCUs, TCUs, and MSIs for increasing participation, retention, and success of underrepresented minority students; and
(7)
successful or promising partnerships between HBCUs, TCUs, and MSIs and other institutions of higher education, private sector and non-profit organizations, Federal laboratories, and international research institutions.
(c)

Capacity building
Activities described in this subsection include the design, development, implementation, expansion, and assessment of—
(1)
metrics of success to best capture the achievements of HBCUs, TCUs, and MSIs and students of such institutions to account for institutional context and missions, faculty investment, student populations, student needs, and institutional resource constraints;
(2)
enhancements to undergraduate STEM curriculum at HBCUs, TCUs, and MSIs to increase the participation, retention, degree completion, and success of underrepresented students;
(3)
professional development programs to increase the numbers and the high-quality preparation of STEM faculty at HBCUs, TCUs, and MSIs, including programs to encourage STEM doctoral students to teach at HBCUs, TCUs, and MSIs; and
(4)
mechanisms for institutions of higher education that are not HBCUs, TCUs, or MSIs to partner with HBCUs, TCUs, and MSIs on STEM education, including the facilitation of student transfer, mentoring programs for students and junior faculty, joint research projects, and student access to graduate education.
(d)

Research experiences
Grants under this section may fund the development or expansion of opportunities for the exchange of students and faculty to conduct research, facilitate professional development, and provide mentorship including through partnerships with institutions of higher education that are not HBCUs, TCUs, or MSIs, private sector and non-profit organizations, Federal laboratories, and international research institutions.
(e)

Partnerships
In awarding grants under this section, the Director of the National Science Foundation shall—
(1)
encourage HBCUs, TCUs, and MSIs and consortia thereof and partnerships with one or more HBCU, TCU, or MSI, to submit proposals;
(2)
require proposals submitted in partnership with one or more HBCU, TCU, or MSI include a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institution, and is mutually beneficial; and
(3)
encourage proposals submitted in partnership with the private sector, non-profit organizations, Federal laboratories, and international research institutions, as appropriate.
(f)

MSI Centers of Innovation
Grants under this section may fund the establishment of no more than five MSI Centers of Innovation to leverage successes of HBCUs, TCUs, and MSIs in STEM education and research training of underrepresented minority students as models for other institutions, including both HBCUs, TCUs, and MSIs and institutions of higher education that are not HBCUs, TCUs, or MSIs. Such centers will be located on campuses of selected institutions of higher education and serve as incubators to allow institutions of higher education to experiment, pilot, evaluate, and scale up promising practices.
(g)

Authorization of appropriations
There are authorized to be appropriated to the Director of the National Science Foundation $170,000,000 for fiscal year 2022, $175,000,000 for fiscal year 2023, $180,000,000 for fiscal year 2024, $185,000,000 for fiscal year 2025, and $190,000,000 fiscal year 2026 to carry out this section.
10534.

Agency responsibilities
(a)

In general
In consultation with outside stakeholders and the heads of the Federal science agencies, the Director shall develop a uniform set of policy guidelines for Federal science agencies to carry out a sustained program of outreach activities to increase clarity, transparency, and accountability for Federal science agency investments in STEM education and research activities at HBCUs, TCUs, and MSIs.
(b)

Outreach activities
In developing policy guidelines under subsection (a) the Director shall include guidelines that require each Federal science agency—
(1)
to designate a liaison for HBCUs, TCUs, and MSIs responsible for—
(A)
enhancing direct communication with HBCUs, TCUs, and MSIs to increase the Federal science agency’s understanding of the capacity and needs of such institutions and to raise awareness of available Federal funding opportunities at such institutions;
(B)
coordinating programs, activities, and initiatives while accounting for the capacity and needs of HBCUs, TCUs, and MSIs;
(C)
tracking Federal science agency investments in and engagement with HBCUs, TCUs, and MSIs; and
(D)
reporting progress toward increasing participation of HBCUs, TCUs, and MSIs in grant programs;
(2)
to publish annual forecasts of funding opportunities and proposal deadlines, including for grants, contracts, subcontracts, and cooperative agreements;
(3)
to conduct on-site reviews of research facilities at HBCUs, TCUs, and MSIs, as practicable, and make recommendations regarding strategies for becoming more competitive in research;
(4)
to hold geographically accessible or virtual workshops on research priorities of the Federal science agency and on how to write competitive grant proposals and how to bolster grant management capacity for the entire grant lifecycle, from application to completion;
(5)
to ensure opportunities for HBCUs, TCUs, and MSIs to directly communicate with Federal science agency officials responsible for managing competitive grant programs in order to receive feedback on research ideas and proposals, including guidance on the Federal science agency’s peer review process;
(6)
to foster mutually beneficial public-private collaboration among Federal science agencies, industry, Federal laboratories, academia, and nonprofit organizations to—
(A)
identify alternative sources of funding for STEM education and research at HBCUs, TCUs, and MSIs;
(B)
provide access to high-quality, relevant research experiences for students and faculty of HBCUs, TCUs, and MSIs;
(C)
expand the professional networks of students and faculty of HBCUs, TCUs, and MSIs;
(D)
broaden STEM educational opportunities for students and faculty of HBCUs, TCUs, and MSIs; and
(E)
support the transition of students of HBCUs, TCUs, and MSIs into the STEM workforce; and
(7)
to publish an annual report that provides an account of Federal science agency investments in HBCUs, TCUs, and MSIs, including data on the level of participation of HBCUs, TCUs, and MSIs as prime recipients/contractors or subrecipients/subcontractors.
(c)

Strategic plan
(1)

In general
Not later than 1 year after the date of enactment of this Act, the Director, in collaboration with the head of each Federal science agency, shall submit to Congress a report containing a strategic plan for each Federal science agency to increase the capacity of HBCUs, TCUs, and MSIs to compete effectively for grants, contracts, or cooperative agreements and to encourage HBCUs, TCUs, and MSIs to participate in Federal programs.
(2)

Considerations
In developing a strategic plan under paragraph (1), the Director and each head of each Federal science agency shall consider—
(A)
issuing new or expanding existing funding opportunities targeted to HBCUs, TCUs, and MSIs;
(B)
modifying existing research and development program solicitations to incentivize effective partnerships with HBCUs, TCUs, and MSIs;
(C)
offering planning grants for HBCUs, TCUs, and MSIs to develop or equip grant offices with the requisite depth of knowledge to submit competitive grant proposals and manage awarded grants;
(D)
offering additional training programs and individualized and timely guidance to grant officers faculty and postdoctoral researchers at HBCUs, TCUs, and MSIs to ensure they understand the requirements for an effective grant proposal; and
(E)
other approaches for making current competitive funding models more accessible for under-resourced HBCUs, TCUs, and MSIs.
(d)

Report to congress
Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Director shall report to Congress on the implementation by Federal science agencies of the policy guidelines developed under this section.
10535.

Definitions
In this subtitle:
(1)

Director
The term Director means the Director of the Office of Science and Technology Policy.
(2)

Federal laboratory
The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3)

Federal science agency
The term Federal science agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.
(4)

HBCU
The term HBCU has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(5)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(6)

Minority serving institution
The term minority serving institution or MSI means Hispanic-Serving Institutions as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); Alaska Native Serving Institutions and Native Hawaiian-Serving Institutions as defined in section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d); and Predominantly Black Institutions, Asian American and Native American Pacific Islander-Serving Institutions, and Native American-Serving Nontribal Institutions as defined in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(7)

STEM
The term STEM has the meaning given the term in the STEM Education Act of 2015 (42 U.S.C. 1861 et seq.).
(8)

TCU
The term TCU has the meaning given the term Tribal College or University in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
D

Combating Sexual Harassment in Science
10541.

Findings
Congress makes the following findings:
(1)
According to the report issued by the National Academies of Sciences, Engineering, and Medicine in 2018 entitled “Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine”—
(A)
sexual harassment is pervasive in institutions of higher education;
(B)
the most common type of sexual harassment is gender harassment, which includes verbal and nonverbal behaviors that convey insulting, hostile, and degrading attitudes about members of one gender;
(C)
58 percent of individuals in the academic workplace experience sexual harassment, the second highest rate when compared to the military, the private sector, and Federal, State, and local government;
(D)
women who are members of racial or ethnic minority groups are more likely to experience sexual harassment and to feel unsafe at work than White women, White men, or men who are members of such groups;
(E)
the training for each individual who has a doctor of philosophy in the science, technology, engineering, and mathematics fields is estimated to cost approximately $500,000; and
(F)
attrition of an individual so trained results in a loss of talent and money.
(2)
Sexual harassment undermines career advancement for women.
(3)
According to a 2017 University of Illinois study, among astronomers and planetary scientists, 18 percent of women who are members of racial or ethnic minority groups and 12 percent of White women skipped professional events because they did not feel safe attending.
(4)
Many women report leaving employment at institutions of higher education due to sexual harassment.
(5)
Research shows the majority of individuals do not formally report experiences of sexual harassment due to a justified fear of retaliation or other negative professional or personal consequences.
(6)
Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility.
(7)
There is not adequate communication among Federal science agencies and between such agencies and grantees regarding reports of sexual harassment, which has resulted in harassers receiving Federal funding after moving to a different institution.
10542.

Definitions
In this subtitle:
(1)

Academies
The term Academies means the National Academies of Sciences, Engineering, and Medicine.
(2)

Director
The term Director means the Director of the National Science Foundation.
(3)

Federal science agency
The term Federal science agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.
(4)

Finding or determination
The term finding or determination means the final disposition of a matter involving a violation of organizational policies and processes, to include the exhaustion of permissible appeals, or a conviction of a sexual offense in a criminal court of law.
(5)

Gender harassment
The term gender harassment means verbal and nonverbal behaviors that convey hostility, objectification, exclusion, or second-class status about one’s gender, gender identity, gender presentation, sexual orientation, or pregnancy status.
(6)

Grantee
The term grantee means the legal entity to which a grant is awarded and that is accountable to the Federal Government for the use of the funds provided.
(7)

Grant personnel
The term grant personnel means principal investigators, co-principal investigators, postdoctoral researchers and other employees supported by a grant award, cooperative agreement, or contract under Federal law.
(8)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(9)

Sexual harassment
The term sexual harassment means conduct that encompasses—
(A)
unwelcome sexual advances;
(B)
unwanted physical contact that is sexual in nature, including assault;
(C)
unwanted sexual attention, including sexual comments and propositions for sexual activity;
(D)
conditioning professional or educational benefits on sexual activity; and
(E)
retaliation for rejecting unwanted sexual attention.
(10)

Stem
The term STEM means science, technology, engineering, and mathematics, including computer science.
10543.

Research grants
(a)

In general
The Director shall establish a program to award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations)—
(1)
to expand research efforts to better understand the factors contributing to, and consequences of, sexual harassment and gender harassment affecting individuals in the STEM workforce, including students and trainees; and
(2)
to examine interventions to reduce the incidence and negative consequences of such harassment.
(b)

Use of funds
Activities funded by a grant under this section may include—
(1)
research on the sexual harassment and gender harassment experiences of individuals in underrepresented or vulnerable groups, including racial and ethnic minority groups, disabled individuals, foreign nationals, sexual- and gender-minority individuals, and others;
(2)
development and assessment of policies, procedures, trainings, and interventions, with respect to sexual harassment and gender harassment, conflict management, and ways to foster respectful and inclusive climates;
(3)
research on approaches for remediating the negative impacts and outcomes of such harassment on individuals experiencing such harassment;
(4)
support for institutions of higher education to develop, adapt, and assess the impact of innovative, evidence-based strategies, policies, and approaches to policy implementation to prevent and address sexual harassment and gender harassment;
(5)
research on alternatives to the hierarchical and dependent relationships, including but not limited to the mentor-mentee relationship, in academia that have been shown to create higher levels of risk for sexual harassment and gender harassment; and
(6)
establishing a center for the ongoing compilation, management, and analysis of campus climate survey data.
10544.

Data collection
Not later than 180 days after the date of enactment of this Act, the Director shall convene a working group composed of representatives of Federal statistical agencies—
(1)
to develop questions on sexual harassment and gender harassment in STEM departments to gather national data on the prevalence, nature, and implications of sexual harassment and gender harassment in institutions of higher education; and
(2)
to include such questions as appropriate, with sufficient protections of the privacy of respondents, in relevant surveys conducted by the National Center for Science and Engineering Statistics and other relevant entities.
10545.

Responsible conduct guide
(a)

In general
Not later than 180 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to update the report entitled “On Being a Scientist: A Guide to Responsible Conduct in Research” issued by the Academies. The report, as so updated, shall include—
(1)
updated professional standards of conduct in research;
(2)
standards of treatment individuals can expect to receive under such updated standards of conduct;
(3)
evidence-based practices for fostering a climate intolerant of sexual harassment and gender harassment;
(4)
methods, including bystander intervention, for identifying and addressing incidents of sexual harassment and gender harassment; and
(5)
professional standards for mentorship and teaching with an emphasis on preventing sexual harassment and gender harassment.
(b)

Recommendations
In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled “Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine” and other relevant studies and evidence.
(c)

Report
Not later than 18 months after the effective date of the contract under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection.
10546.

Interagency working group
(a)

In general
The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish an interagency working group for the purpose of coordinating Federal science agency efforts to reduce the prevalence of sexual harassment and gender harassment involving grant personnel. The working group shall be chaired by the Director of the Office of Science and Technology Policy (or the Director’s designee) and shall include a representative from each Federal science agency with annual extramural research expenditures totaling over $1,000,000,000, a representative from the Department of Education, and a representative from the U.S. Equal Employment Opportunity Commission.
(b)

Responsibilities of working group
The interagency working group established under subsection (a) shall coordinate Federal science agency efforts to implement the policy guidelines developed under subsection (c)(2).
(c)

Responsibilities of OSTP
The Director of the Office of Science and Technology Policy shall—
(1)
not later than 90 days after the date of the enactment of this Act, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an inventory of policies, procedures, and resources dedicated to preventing and responding to reports of sexual harassment and gender harassment at Federal agencies that provide legal definitions to which institutions of higher education must comply;
(2)
not later than 6 months after the date on which the inventory is submitted under paragraph (1)—
(A)
in consultation with outside stakeholders and Federal science agencies, develop a uniform set of policy guidelines for Federal science agencies; and
(B)
submit a report to the committees referred to in paragraph (1) containing such guidelines;
(3)
encourage and monitor efforts of Federal science agencies to develop or maintain and implement policies based on the guidelines developed under paragraph (2), including the extent to which Federal science agency policies depart from the uniform policy guidelines;
(4)
not later than 1 year after the date on which the inventory under paragraph (1) is submitted, and every 5 years thereafter, the Director of the Office of Science and Technology Policy shall report to Congress on the implementation by Federal science agencies of the policy guidelines developed under paragraph (2); and
(5)
update such policy guidelines as needed.
(d)

Requirements
In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall include guidelines that require—
(1)
grantees to submit to the Federal science agency or agencies from which the grantees receive funding reports relating to—
(A)
administrative action, related to an allegation against grant personnel of any sexual harassment or gender harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or executive orders, that affects the ability of grant personnel or their trainees to carry out the activities of the grant; and
(B)
findings or determinations against grant personnel of sexual harassment or gender harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or Executive orders, including any findings or determinations related to reports submitted under subparagraph (A) and any disciplinary action that was taken;
(2)
the sharing, updating, and archiving of reports of sexual harassment and gender harassment from grantees submitted under paragraph (1)(B) with relevant Federal science agencies on a quarterly basis; and
(3)
to the extent practicable, ensure consistency among Federal agencies with regards to the policies and procedures for receiving reports submitted pursuant to paragraph (1), which may include the designation of a single agency to field reports so submitted.
(e)

Considerations
In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider guidelines that require or incentivize—
(1)
grantees to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews;
(2)
grantees to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by gender and, if possible, race, ethnicity, disability status, and sexual orientation;
(3)
grantees to make public on an annual basis the number of reports of sexual harassment and gender harassment at each such institution;
(4)
grantees to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of sexual harassment and gender harassment;
(5)
each grantee to demonstrate in its proposal for a grant award, cooperative agreement, or contract that a code of conduct is in place for maintaining a healthy and welcoming workplace for grant personnel and their trainees;
(6)
the diffusion of the hierarchical and dependent relationships between grant personnel and their trainees;
(7)
each grantee and Federal science agency to have in place mechanisms for the re-integration of individuals who have experienced sexual harassment and gender harassment; and
(8)
grantees to work to create a climate intolerant of sexual harassment and gender harassment.
(f)

Federal science agency implementation
Each Federal science agency shall—
(1)
develop or maintain and implement policies with respect to sexual harassment and gender harassment that are consistent with policy guidelines under subsection (c)(2) and that protect the privacy of all parties involved in any report and investigation of sexual harassment and gender harassment, except to the extent necessary to carry out an investigation;
(2)
broadly disseminate such policies to current and potential recipients of research grants, cooperative agreements, or contracts awarded by such agency; and
(3)
take into consideration any reports filed under subsection (d)(1) when issuing grant awards, cooperative agreements, or contracts.
(g)

FERPA
The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”).
(h)

Sunset
The interagency working group established under subsection (a) shall terminate on the date that is 7 years after the date of the enactment of this Act.
10547.

National academies assessment
(a)

In general
Not later than 3 years after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to undertake a study of the influence of sexual harassment and gender harassment in institutions of higher education on the career advancement of individuals in the STEM workforce. The study shall assess—
(1)
the state of research on sexual harassment and gender harassment in such workforce;
(2)
whether research demonstrates a change in the prevalence of sexual harassment and gender harassment in such workforce;
(3)
the progress made with respect to implementing recommendations promulgated in the Academies consensus study report entitled “Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine”; and
(4)
where to focus future efforts with respect to decreasing sexual harassment and gender harassment in such institutions.
10548.

Authorization of appropriations
There is authorized to be appropriated to the Director to carry out this subtitle, $17,500,000.
VI

Miscellaneous Science and Technology Provisions
A

Supporting Early-Career Researchers
10601.

Findings
Congress finds the following:
(1)
The Nation’s universities and industrial research labs are facing unprecedented budget pressure as part of the COVID–19 health crisis, resulting in considerably fewer openings for research and teaching positions.
(2)
Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID–19 health crisis.
(3)
The future of America's defense will rely on advanced technologies to maintain its military superiority over its rivals, including China. These technologies will require new levels of scientific and engineering aptitude and understanding. Early career researchers will play a critical role in the development of these technologies, and the loss of an entire generation of researchers due to the COVID–19 pandemic will be detrimental to the United States national security.
10602.

Early-career research fellowship program
(a)

In general
The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the qualified institution of higher education chosen by such investigator, to last for a period not greater than 2 years.
(b)

Selection process
The Director of the National Science Foundation shall select grantees under subsection (a) from among citizens, nationals, and lawfully admitted permanent resident aliens of the United States.
(c)

Outreach
The Director shall conduct program outreach to recruit fellowship applicants—
(1)
from all regions of the country;
(2)
from historically underrepresented populations in the fields of science, technology, engineering, and mathematics; and
(3)
who graduate from or intend to carry out research at a variety of types of institutions of higher education, including—
(A)
Historically Black Colleges and Universities;
(B)
Hispanic-Serving Institutions;
(C)
Tribal Colleges and Universities; and
(D)
institutions of higher education that are not among the top 50 institutions in annual Federal funding for research.
(d)

Special consideration
The Director shall give special consideration to an application from an individual who graduated from or is intending to carry out research at an institution of the type listed in subsection (c)(3).
(e)

Report
Not later than 90 days after the conclusion of the second year of the pilot program, the Director shall submit a report to Congress that includes—
(1)
statistical summary data on fellowship awardees disaggregated by race, ethnicity, gender, age, years since completion of doctoral degree, and institution type;
(2)
an assessment, drawing on feedback from the research community and other sources of information, of the effectiveness of the pilot program for mitigating the loss of research talent due to the pandemic; and
(3)
if determined effective, a plan for permanent implementation of the pilot program.
(f)

Qualified institution of higher education defined
The term qualified institution of higher education has the meaning given the term in section 102 of the Higher Education of Act of 1965, except that such term does not include an institution described in subsection (a)(1)(C) of such section.
10603.

Authorization of appropriations
There is authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of fiscal years 2021 through 2022 to carry out the activities in this subtitle.
B

National Science and Technology Strategy
10611.

National science and technology strategy
Section 206 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6615) is amended to read as follows:
“206.

National science and technology strategy
(a)

In general
Not later than the end of each calendar year immediately after the calendar year in which a review under section 206b is completed, the Director of the Office of Science and Technology Policy, in consultation with the National Science and Technology Council, shall develop and submit to Congress a comprehensive national science and technology strategy of the United States to meet national research and development objectives for the following 4-year period (in this Act referred to as “the national science and technology strategy”).
(b)

Requirements
Each national science and technology strategy required by subsection (a) shall delineate a national science and technology strategy consistent with—
(1)
the recommendations and priorities developed by the review established in section 206b;
(2)
the most recent national security strategy report submitted pursuant to section 1032 of the National Defense Authorization Act for Fiscal Year 2012 (50 U.S.C. 3043);
(3)
other relevant national plans; and
(4)
the strategic plans of relevant Federal departments and agencies.
(c)

Consultation
The Director shall consult as necessary with the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the recommendations and priorities delineated in the science and technology strategy are incorporated in the development of annual budget requests.
(d)

Report
The President shall submit to Congress each year a comprehensive report on the national science and technology strategy of the United States. Each report on the national science and technology strategy of the United States shall include a description of—
(1)
strategic objectives and priorities necessary to maintain the leadership of the United States in science and technology and to advance science and technology to address societal and national challenges, including near-term, medium-term, and long-term research priorities;
(2)
programs, policies, and activities that the President recommends across all Federal agencies to achieve the strategic objectives in paragraph (1); and
(3)
global trends in science and technology, including potential threats to the leadership of the United States in science and technology and opportunities for international collaboration in science and technology.
(e)

Publication
The Director shall, consistent with the protection of national security and other sensitive matters to the maximum extent practicable, make each report submitted under subsection (d) publicly available on an internet website of the Office.”.
10612.

Quadrennial science and technology review
The National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by inserting after section 206 the following:
“206b.

Quadrennial science and technology review
(a)

Requirements
(1)

Quadrennial reviews required
Not later than December 31, 2022, and every 4 years thereafter, the Director of the Office of Science and Technology Policy shall complete a review of the science and technology enterprise of the United States (in this section referred to as the “quadrennial science and technology review”).
(2)

Scope
The quadrennial science and technology review shall be a comprehensive examination of the science and technology strategy of the United States, including recommendations for maintaining global leadership in science and technology and advancing science and technology to address the societal and national challenges and guidance on the coordination of programs, assets, capabilities, budget, policies, and authorities across all Federal research and development programs.
(3)

Consultation
The Director of the Office of Science and Technology Policy shall conduct each quadrennial science and technology review under this subsection in consultation with—
(A)
the National Science and Technology Council;
(B)
the heads of other relevant Federal agencies;
(C)
the President’s Council of Advisors on Science and Technology;
(D)
the National Science Board;
(E)
the National Security Council; and
(F)
other relevant governmental and nongovernmental entities, including representatives from industry, institutions of higher education, nonprofit organizations, Members of Congress, and other policy experts.
(4)

Coordination
The Director shall ensure that each quadrennial science and technology review conducted under this section is coordinated with other relevant statutorily required reviews, and to the maximum extent practicable incorporates information and recommendations from existing reviews to avoid duplication.
(b)

Contents
In each quadrennial science and technology review, the Director shall—
(1)
provide an integrated view of, and recommendations for, science and technology policy across the Federal Government, while considering economic and national security and other societal and national challenges;
(2)
assess and recommend priorities for research, development and demonstration programs to maintain American leadership in science and technology;
(3)
assess and recommend priorities for research, development, and demonstration programs to address societal and national challenges;
(4)
assess the global competition in science and technology and identify potential threats to the leadership of the United States in science and technology and opportunities for international collaboration;
(5)
assess and make recommendations on the science, technology, engineering, mathematics and computer science workforce in the United States;
(6)
assess and make recommendations to improve regional innovation across the United States;
(7)
assess and make recommendations to improve translation of basic research and the enhancement of technology transfer of federally funded research;
(8)
identify, assess, and make recommendations to address science and technology gaps that would not be met without federal investment;
(9)
review administrative and legislative policies and funding opportunities that affect private sector science and technology activities, and identify and make recommendations on policies that ensure a level playing field for the participation and competitiveness of small- and medium-sized businesses;
(10)
assess and identify the infrastructure and tools needed to maintain the leadership of the United States in science and technology and address other societal and national challenges; and
(11)
review administrative or legislative policies that affect the science and technology enterprise and identify and make recommendations on policies that hinder research and development in the United States.
(c)

Reporting
(1)

In general
Not later than December 31 of the year in which a quadrennial science and technology review is conducted, the Director shall submit a report of the review to Congress.
(2)

Publication
The Director shall, consistent with the protection of national security and other sensitive matters to the maximum extent possible, make each report submitted under paragraph (1) publicly available on an internet website of the Office of Science and Technology Policy.”.
10613.

National Circular Economy Roadmap
(a)

Definitions
In this section:
(1)

Circular economy
The term “circular economy” means an economy that uses a systems-focused approach and involves industrial processes and economic activities that—
(A)
are restorative or regenerative by design;
(B)
enable resources used in such processes and activities to maintain their highest values for as long as possible; and
(C)
aim for the elimination of waste through the superior design of materials, products, and systems (including business models).
(2)

Director
The term “Director” means the Director of the Office of Science and Technology Policy.
(b)

National Circular Economy Roadmap
(1)

In general
Not later than 2 years after the date of the enactment of this section, the Director shall develop a national circular economy roadmap that includes—
(A)
a vision for how the science and technology enterprise should support the development of a circular economy in the United States;
(B)
identification of key public and private stakeholders that may contribute to or benefit from a transition to a circular economy; and
(C)
recommendations on specific Federal policies needed to drive this transition.
(2)

Coordination
In developing the roadmap under paragraph (1), the Director shall, as appropriate, coordinate with—
(A)
the Secretary of Energy;
(B)
the Administrator of the Environmental Protection Agency;
(C)
the Secretary of Commerce;
(D)
the Director of the National Institutes of Standards and Technology; and
(E)
the head of any other relevant Federal agency.
(3)

Leveraging existing agency programs
In developing the roadmap under paragraph (1), the Director shall, as appropriate, leverage efforts from existing Federal agency programs relevant to a circular economy.
(4)

Consultation
In developing the roadmap under paragraph (1), the Director may consult academic, nonprofit, and industry stakeholders.
C

Energizing Technology Transfer
10621.

Definitions
In this subtitle:
(1)

Clean energy technology
The term clean energy technology means a technology that significantly reduces energy use, increases energy efficiency, reduces greenhouse gas emissions, reduces emissions of other pollutants, or mitigates other negative environmental consequences of energy production, transmission or use.
(2)

Department
The term Department means the Department of Energy.
(3)

Director
The term Director means the Director of each National Laboratory and the Director of each Department of Energy single-purpose research facility.
(4)

Economically distressed area
The term economically distressed area has the meaning described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(5)

Grant
The term grant means a grant award, cooperative agreement award, or any other financial assistance arrangement that the Secretary of Energy determines to be appropriate.
(6)

Institution of higher education
The term institution of higher education has the meaning given such term in the Higher Education Act of 1965, as amended (20 U.S.C. 1001).
(7)

National laboratory
The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(8)

Secretary
The term Secretary means the Secretary of Energy.
1

National Clean Energy Technology Transfer Programs
10623.

National clean energy incubator program
(a)

Clean energy incubator defined
In this section, the term clean energy incubator—
(1)
means any entity that is designed to accelerate the commercial application of clean energy technologies by providing—
(A)
physical workspace, labs, and prototyping facilities to support clean energy startups or established clean energy companies; or
(B)
companies developing such technologies with support, resources, and services, including—
(i)
access to business education and counseling;
(ii)
mentorship opportunities; and
(iii)
other services rendered for the purpose of aiding the development and commercial application of a clean energy technology; and
(2)
may include a program within or established by a National Laboratory, an institution of higher education or a State, territorial, local, or tribal government.
(b)

Program establishment
Not later than 180 days after the enactment of this Act, the Secretary, acting through the Chief Commercialization Officer established in section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a Clean Energy Incubator Program (herein referred to as the “program”) to competitively award grants to clean energy incubators.
(c)

Clean energy incubator selection
In awarding grants to clean energy incubators under subsection (b), the Secretary shall, to the maximum extent practicable, prioritize funding clean energy incubators that—
(1)
partner with entities that carry out activities relevant to the activities of such incubator and that operate at the local, State, and regional levels;
(2)
support the commercial application activities of startup companies focused on physical hardware, computational, or integrated hardware and software technologies;
(3)
are located in geographically diverse regions of the United States, such as the Great Lakes region;
(4)
are located in, or partner with entities located in, economically-distressed areas;
(5)
support the development of entities focused on expanding clean energy tools and technologies to rural, Tribal, and low-income communities;
(6)
support the commercial application of technologies being developed by clean energy entrepreneurs from underrepresented backgrounds; and
(7)
have a plan for sustaining activities of the incubator after grant funds received under this program have been expended.
(d)

Award limits
The Secretary shall not award more than $4,000,000 to one or more incubators in one given State, per fiscal year.
(e)

Duration
Each grant under subsection (b) shall be for a period of no longer than 5 years, subject to the availability of appropriations.
(f)

Use of funds
An entity receiving a grant under this section may use grant amounts for operating expenses.
(g)

Renewal
An award made to a clean energy incubator under this section may be renewed for a period of not more than 3 years, subject to merit review.
(h)

Evaluation
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation of the program established under this section that includes analyses of the performance of the clean energy incubators.
(i)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2022 through 2026.
10624.

Clean energy technology university prize competition
(a)

Definitions
In this section:
(1)

Eligible entity
The term eligible entity means a nonprofit entity, an institution of higher education, or an entity working with one or more institutes of higher education.
(2)

Minority-serving institution
The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(b)

In general
The Secretary shall establish a program, known as the “Clean Energy Technology University Prize”, to award funding for eligible entities to carry out regional and one national clean energy technology prize competitions, under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). In carrying out such prize competitions, students shall compete to develop a business model for furthering the commercial application of an innovative clean energy technology.
(c)

Training funding
In carrying out this program, the Secretary may provide funding to train participating students in skills needed for the successful commercial application of clean energy technologies, including through virtual training sessions.
(d)

Prioritization
In awarding grants under this section, the Secretary shall prioritize awarding grants to eligible entities that work with students at minority-serving institutions.
(e)

Coordination
In carrying out this program, the Secretary shall coordinate and partner with other clean energy technology prize competitions. In doing so, the Secretary may develop and disseminate best practices for administering prize competitions under this section.
(f)

Report
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary shall report annually on the progress and implementation of the program established under section (b).
(g)

Evaluation
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the long-term outcomes of the program established under this section and the progress towards achieving the purposes of the program in subsection (b).
(h)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $1,000,000 for each of fiscal years 2022 through 2026.
10625.

Clean energy technology transfer coordination
(a)

In general
The Secretary, acting through the Chief Commercialization Officer established in section 1001 (a) of the Energy Policy Act of 2005 (42 U.S.C. 16391 (a)), shall support the coordination of relevant technology transfer programs that advance the commercial application of clean energy technologies nationally and across all energy sectors. In particular, the Secretary may support activities to—
(1)
facilitate the sharing of information on best practices for successful operation of clean energy technology transfer programs;
(2)
coordinate resources and improve cooperation among clean energy technology transfer programs;
(3)
facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the Department; and
(4)
facilitate the development of metrics to measure the impact of clean energy technology transfer programs on—
(A)
advancing the development, demonstration, and commercial application of clean energy technologies;
(B)
increasing the competitiveness of United States in the clean energy sector, including in manufacturing; and
(C)
commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds.
(b)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities in this section $3,000,000 for each of fiscal years 2022 through 2026.
2

Supporting Technology Development At the National Laboratories
10626.

Lab partnering service pilot program
Section 9002 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended by adding at the end the following:
“(h)

Authorization of appropriations
There are authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2022 through 2024 to carry out subsections (a), (b), and (c), and $1,700,000 for each of fiscal years 2022 through 2024 for National Laboratory employees to provide services under subsection (d).”.
10627.

Lab-embedded entrepreneurship program
(a)

In general
The Secretary shall competitively award grants to National Laboratories for the purpose of establishing or supporting Lab-Embedded Entrepreneurship Programs.
(b)

Purposes
The purposes of such programs are to provide entrepreneurial fellows with access to National Laboratory research facilities, National Laboratory expertise, and mentorship to perform research and development and gain expertise that may be required or beneficial for the commercial application of research ideas.
(c)

Entrepreneurial fellows
An entrepreneurial fellow participating in a program described in subsection (a) shall be provided with—
(1)
opportunities for entrepreneurial training, professional development, and exposure to leaders from academia, industry, government, and finance who may serve as advisors to or partners of the fellow;
(2)
financial and technical support for research, development, and commercial application activities;
(3)
fellowship awards to cover costs of living, health insurance, and travel stipends for the duration of the fellowship; and
(4)
any other resources determined appropriate by the Secretary.
(d)

Program activities
Each National Laboratory that receives funding under this section shall support entrepreneurial fellows by providing—
(1)
access to facilities and expertise within the National Laboratory;
(2)
engagement with external stakeholders; and
(3)
market and customer development opportunities.
(e)

Administration
National Laboratories that receive grants under this section shall prioritize the support and success of the entrepreneurial fellow with regards to professional development and development of a relevant technology.
(f)

Partnerships
In carrying out a Lab-Embedded Entrepreneurship Program, a National Laboratory may partner with an external entity, including—
(1)
a nonprofit organization;
(2)
an institution of higher education;
(3)
a federally-owned corporation; or
(4)
a consortium of 2 or more entities described in paragraphs (1) through (3).
(g)

Metrics
The Secretary shall support the development of short-term and long-term metrics to assess the effectiveness of programs receiving a grant under subsection (a) in achieving the purposes of the program in subsection (a).
(h)

Evaluation
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation of the effectiveness of the programs under subsection (a) based on the metrics developed pursuant to subsection (g).
(i)

Coordination
The Secretary shall oversee the planning and coordination of grants under subsection (a) and shall identify and disseminate best practices for achieving the purposes of subsection (a) to National Laboratories that receive grants under this section.
(j)

Interagency collaboration
The Secretary shall collaborate with other executive branch agencies, including the Department of Defense and other agencies with Federal laboratories, regarding opportunities to partner with National Laboratories receiving a grant under subsection (a).
(k)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $25,000,000 for each of fiscal years 2022 through 2026.
10628.

Small business voucher program
Section 1003 of the Energy Policy Act of 2005 (42 U.S.C. 16393) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “, and may require the Director of a single-purpose research facility,” and inserting “(as defined in section 2) and the Director of each single-purpose research facility”;
(B)
in paragraph (1)—
(i)
by striking “increase” and inserting “encourage”; and
(ii)
by striking “collaborative research,” and inserting “research, development, demonstration, and commercial application activities, including product development,”;
(C)
in paragraph (2), by striking “procurement and collaborative research” and inserting “the activities described in paragraph (1)”;
(D)
in paragraph (3)—
(i)
by inserting “facilities,” before “training”; and
(ii)
by striking “procurement and collaborative research activities” and inserting “the activities described in paragraph (1)”; and
(E)
in paragraph (5), by striking “for the program under subsection (b)” and inserting “and metrics for the programs under subsections (b) and (c)”;
(2)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(3)
by inserting after subsection (b) the following:
“(c)

Small business voucher program
(1)

Definitions
In this subsection:
(A)

Director
The term Director means—
(i)
the Director of each National Laboratory; and
(ii)
the Director of each single-purpose research facility.
(B)

National laboratory
The term National Laboratory has the meaning given the term in section 2.
(C)

Program
The term program means the program established under paragraph (2).
(D)

Small business concern
The term small business concern has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632).
(2)

Establishment
The Secretary, acting through the Chief Commercialization Officer appointed under section 1001(a), and in consultation with the Directors, shall establish a program to provide small business concerns with vouchers under paragraph (3)—
(A)
to achieve the goal described in subsection (a)(1); and
(B)
to improve the products, services, and capabilities of small business concerns in the mission space of the Department.
(3)

Vouchers
Under the program, the Directors are authorized to provide to small business concerns vouchers to be used at National Laboratories and single-purpose research facilities for—
(A)
research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or
(B)
any other activities that the applicable Director determines appropriate.
(4)

Expedited approval
The Secretary, working with the Directors, shall establish a stream-lined approval process for financial assistance agreements signed between—
(A)
small business concerns selected to receive a voucher under the program; and
(B)
the National Laboratories and single-purpose research facilities.
(5)

Cost-sharing requirement
In carrying out the program, the Secretary shall require cost-sharing in accordance with section 988.
(6)

Report
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary shall report annually on the progress and implementation of the small business voucher program established under this section, including the number and locations of small businesses that received grants under this program.”; and
(4)
in subsection (e) (as so redesignated), by striking “for activities under this section” and inserting “for activities under subsection (b)” and inserting before the period at the end “and for activities under subsection (c) $25,000,000 for each of fiscal years 2022 through 2026”.
10629.

Entrepreneurial leave program
(a)

In general
The Secretary shall delegate to Directors the authority to carry out an entrepreneurial leave program (referred to in this section as the “program”) to allow National Laboratory employees to take a full leave of absence from their position, with the option to return to that or a comparable position up to 3 years later, or a partial leave of absence, to advance the commercial application of energy and related technologies relevant to the mission of the Department.
(b)

Termination authority
Directors shall retain the authority to terminate National Laboratory employees that participate in the program if such employees are found to violate terms prescribed by the National Laboratory at which such employee is employed.
(c)

Licensing
To reduce barriers to participation in the program, the Secretary shall delegate to the Directors the requirement to establish streamlined mechanisms for facilitating the licensing of technology that is the focus of National Laboratory employees who participate in the program.
(d)

Report
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary shall report annually on the utilization of this authority at National Laboratories, including the number of employees who participate in this program at each National Laboratory and the number of employees who take a permanent leave from their positions at National Laboratories as a result of participating in this program.
(e)

Federal ethics
Nothing in this section shall affect existing Federal ethics rules applicable to Federal personnel.
10630.

National laboratory non-Federal employee outside employment authority
(a)

In general
The Secretary shall delegate to Directors of National Laboratories the authority to allow their non-Federal employees—
(1)
to engage in outside employment, including start-up companies based on licensing technologies developed at National Laboratories and consulting in their areas of expertise, and receive compensation from such entities; and
(2)
to engage in outside activities related to their areas of expertise at the National Laboratory and may allow employees, in their employment capacity at such outside employment, to access the National Laboratories under the same contracting mechanisms as non-Laboratory employees and entities, in accordance with appropriate conflict of interest protocols.
(b)

Requirements
If a Director elects to use the authority granted by subsection (a) of this section, the Director, or their designee, shall—
(1)
require employees to disclose to and obtain approval from the Director or their designee prior to engaging in any outside employment;
(2)
develop and require appropriate conflict of interest protocols for employees that engage in outside employment;
(3)
maintain the authority to terminate employees engaging in outside employment if they are found to violate terms, including conflict of interest protocols, mandated by the Director; and
(4)
ensure that any such programs or activities are in conformance with the Department’s research security policies, including DOE Order 486.1.
(c)

Additional restrictions
Employees engaging in outside employment may not—
(1)
allow such activities to interfere with or impede their duties at the National Laboratory;
(2)
engage in activities related to outside employment using National Laboratory government equipment, property, or resources, unless such activities are performed under National Laboratory contracting mechanisms, such as Cooperative Research and Development Agreements or Strategic Partnership Projects, whereby all conflicts of interest requirements apply; or
(3)
use their position at a National Laboratory to provide an unfair competitive advantage to an outside employer or start-up activity.
(d)

Federal ethics
Nothing in this section shall affect existing Federal ethics rules applicable to Federal personnel.
10631.

National laboratories restoration and modernization
(a)

Definitions
In this section:
(1)

National laboratory
The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(2)

Secretary
The term Secretary means the Secretary of Energy.
(b)

Restoration and modernization projects
The Secretary shall fund projects described in subsection (c) as needed to address the deferred maintenance, critical infrastructure needs, and modernization of National Laboratories.
(c)

Projects described
The projects referred to in subsection (b) are, as determined by the Secretary—
(1)
priority deferred maintenance projects at National Laboratories, including facilities sustainment for, upgrade of, and construction of research laboratories, administrative and support buildings, utilities, roads, power plants, and any other critical infrastructure; and
(2)
lab modernization projects at National Laboratories, including lab modernization projects relating to core infrastructure needed—
(A)
to support existing and emerging science missions with new and specialized requirements for world-leading scientific user facilities and computing capabilities; and
(B)
to maintain safe, efficient, reliable, and environmentally responsible operations.
(d)

Submission to Congress
For each fiscal year through fiscal year 2026, at the same time as the annual budget submission of the President, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Science, Space, and Technology of the House of Representatives a list of projects for which the Secretary will provide funding under this section, including a description of each project and the funding profile for the project.
(e)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated to the Secretary to carry out this section $6,100,000,000 for each of fiscal years 2022 through 2026.
(2)

Office of science
Not less than 1/3 of the amounts made available to carry out this section each fiscal year shall be managed by the Office of Science of the Department of Energy.
3

Department of Energy Modernization
10632.

Office of technology transitions
Section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by adding at the end the following:
“(6)

Hiring and management
To carry out the program authorized in this section, the Under Secretary for Science may appoint personnel using the authorities in section 10636 of the America COMPETES Act of 2022.
(7)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $20,000,000 for each of fiscal years 2022 through 2026.”.
10633.

Management of Department of Energy demonstration projects
Section 41201 of the Infrastructure Investment and Jobs Act (42 U.S.C. 18861) is amended—
(1)
in subsection (b), by inserting “including the Office of Technology Transitions, the Loan Program Office, and all applied program offices,” after “Department,”;
(2)
in subsection (d), by inserting “, including by using the authorities in section 10636 of the America COMPETES Act of 2022,” after “personnel”;
(3)
by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively;
(4)
by adding after subsection (d) the following:
“(e)

Additional authority
The Secretary may carry out and manage covered projects directly through the program.
(f)

Project termination
Should an ongoing covered project receive an unfavorable review under subsection (c)(5), the Secretary or their designee may cease funding the covered project and reallocate the remaining funds to new or existing covered projects carried out by that program office.”; and
(5)
in subsection (h)(1) (as so redesignated), by striking “The Secretary” and inserting “In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary”.
10634.

Streamlining prize competitions
(a)

Reporting
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is amended by adding at the end the following:
“(h)

Report
In accordance with section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Secretary shall report annually on a description of any prize competitions carried out using the authority under this section, the total amount of prizes awarded along with any private sector contributions, the methods used for solicitation and evaluation, and a description of how each prize competition advanced the mission of the Department.”.
(b)

Technical Amendment
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is amended by redesignating the second subsection (e) (relating to authorization of appropriations) as subsection (f).
10635.

Cost-share waiver extension
(a)

In general
Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) is amended in subsection (b)(4)(B) by striking “this paragraph” and inserting “the America COMPETES Act of 2022”.
(b)

Report
Section 108(b) of the Department of Energy Research and Innovation Act is amended in subsection (b) by striking “this Act” each place it appears and inserting “the America COMPETES Act of 2022”.
10636.

Special hiring authority for scientific, engineering, and project management personnel
(a)

In general
The Under Secretary for Science shall have the authority to—
(1)
make appointments of not more than 60 scientific, engineering, and professional personnel, without regard to civil service laws, to assist the Department in meeting specific project or research needs;
(2)
fix the basic pay of any employee appointed under this section at a rate to be determined by the Under Secretary at rates not in excess of Level II of the Executive Schedule (EX–II) under section 5311 of title 5, United States Code without regard to the civil service laws; and
(3)
pay any employee appointed under this section payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subsection for any 12-month period shall not exceed the lesser of the following amounts:
(A)
$25,000.
(B)
The amount equal to 25 percent of the annual rate of basic pay of that employee.
(C)
The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code.
(b)

Term
(1)

In general
The term of any employee appointed under this section shall not exceed 3 years unless otherwise authorized in law.
(2)

Termination
The Under Secretary for Science shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the Department.
10637.

Technology transfer reports and evaluation
Section 9007 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended as follows:
“(a)

Annual report
As part of the updated technology transfer execution plan required each year under section 1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of Energy (in this section referred to as the “Secretary”) shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress and implementation of programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and under sections 10624, 10628, 10629, 10630, 10631, and 10633 of the America COMPETES Act of 2022.
(b)

Evaluation
Not later than 3 years after the enactment of this Act and every 3 years thereafter the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the extent to which programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and sections 10623, 10624, 10625, and 10627 of the America COMPETES Act of 2022 are achieving success based on relevant short-term and long-term metrics.”.
10638.

ARPA-E authorization of appropriations
Paragraph (2) of section 5012(o) of the America Competes Act (42 U.S.C. 16538(o)) is amended—
(1)
in subparagraph (D), by striking “and”;
(2)
in subparagraph (E), by striking the period and inserting “; and”; and
(3)
by inserting after subparagraph (E) the following:
“(F)
$1,000,000,000 for fiscal year 2026.”.
D

Regional Innovation
10641.

Regional Innovation Capacity
(a)

In general
The Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C. 3701 et seq.) is amended—
(1)
by redesignating section 28 as section 29; and
(2)
by inserting after section 27 the following:
“28.

Regional Technology and Innovation Hub Program
(a)

Definitions
In this section:
(1)

Appropriate committees of congress
The term appropriate committees of Congress means—
(A)
the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.
(2)

Cooperative extension services
The term cooperative extension services has the meaning given the term in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103).
(3)

Historically black colleges and universities
The term historically Black colleges and universities has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4)

Labor organization
The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—
(A)
any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and
(B)
any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—
(i)
individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;
(ii)
individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or
(iii)
individuals employed as agricultural laborers.
(5)

Manufacturing extension center
The term manufacturing extension center has the meaning given the term Center in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)).
(6)

Manufacturing USA institute
The term Manufacturing USA institute means a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)).
(7)

Minority-serving institution
The term minority-serving institution means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institutions, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(8)

Site connectivity infrastructure
The term site connectivity infrastructure means localized driveways and access roads to a facility as well as hookups to the new facility for drinking water, waste water, broadband, and other basic infrastructure services already present in the area.
(9)

State
The term state has the meaning given such term in section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C. 3722(a)).
(10)

Tribal Government
The term “Tribal Government” means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(11)

Tribal college or university
The term Tribal College or University has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(12)

Venture development organization
The term venture development organization has the meaning given such term in section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C. 3722(a)).
(13)

Community development financial institution
The term community development financial institution has the meaning given in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
(14)

Minority depository institution
The term minority depository institution means an entity that is—
(A)
a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note); or
(B)
considered to be a minority depository institution by—
(i)
the appropriate Federal banking agency; or
(ii)
the National Credit Union Administration, in the case of an insured credit union.
(b)

Regional technology and innovation hub program
(1)

In general
Subject to the availability of appropriations, the Secretary shall carry out a program—
(A)
to encourage new and constructive collaboration among local, State, Tribal, and Federal government entities, institutions of higher education, the private sector, economic development organizations, labor organizations, worker cooperative membership associations, State or local employee ownership and cooperative development centers, nonprofit organizations, and community organizations to promote inclusive regional innovation initiatives;
(B)
to support eligible consortia in the development and implementation of regional innovation strategies;
(C)
to designate eligible consortia as regional technology and innovation hubs and facilitate activities by consortia designated as regional technology and innovation hubs in implementing their regional innovation strategies—
(i)
to enable United States leadership in technology and innovation sectors critical to national and economic security;
(ii)
to support regional economic development and resilience, including in small cities and rural areas, and promote increased geographic diversity of innovation across the United States;
(iii)
to promote the benefits of technology development and innovation for all Americans, including underserved communities and vulnerable communities;
(iv)
to support the modernization and expansion of United States manufacturing based on advances in technology and innovation;
(v)
to support domestic job creation and broad-based economic growth; and
(vi)
to improve the pace of market readiness, industry maturation, and overall commercialization and domestic production of innovative research;
(D)
to ensure that the regional technology and innovation hubs address the intersection of emerging technologies and either regional challenges or national challenges; and
(E)
to conduct ongoing research, evaluation, analysis, and dissemination of best practices for regional development and competitiveness in technology and innovation.
(2)

Awards
The Secretary shall carry out the program required by paragraph (1) through the award of the following:
(A)
Strategy development grants or cooperative agreements to eligible consortia under subsection (e).
(B)
Strategy implementation grants or cooperative agreements to regional technology and innovation hubs under subsection (f).
(c)

Eligible consortia
For purposes of this section, an eligible consortium is a consortium that—
(1)
includes 1 or more of each of the following—
(A)
institutions of higher education, which may include Historically Black Colleges and Universities, Tribal Colleges and Universities, and minority-serving institutions;
(B)
State, territorial, local, or Tribal governments or other political subdivisions of a State, including State and local agencies, or a consortia thereof;
(C)
industry or firms in relevant technology, innovation, or manufacturing sectors;
(D)
labor organizations or workforce training organizations, which may include State and local workforce development boards as established under sections 101 and 107 of the Workforce Investment and Opportunity Act (29 U.S.C. 3111; 3122); and
(E)
organizations that contribute to increasing the participation of underserved populations in science, technology, innovation, and entrepreneurship; and
(2)
may include 1 or more—
(A)
economic development entities with relevant expertise, including a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation);
(B)
economic development organizations or similar entities that are focused primarily on improving science, technology, innovation, entrepreneurship, or access to capital;
(C)
venture development organizations;
(D)
worker cooperative membership associations and state or local employee ownership and cooperative development centers;
(E)
financial institutions and investment funds, including community development financial institutions and minority depository institutions;
(F)
elementary schools and secondary schools, including area career and technical education schools (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. 2302);
(G)
National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(H)
Federal laboratories;
(I)
Manufacturing extension centers;
(J)
Manufacturing USA institutes;
(K)
transportation planning organizations;
(L)
a cooperative extension services; and
(M)
organizations that represent the perspectives of underserved communities in economic development initiatives.
(d)

Designation of regional technology and innovation hubs
(1)

In general
In carrying out subsection (b)(1)(C), the Secretary shall use a competitive, merit-review process to designate not fewer than 10 eligible consortia as regional technology and innovation hubs.
(2)

Geographic distribution
In conducting the competitive process under paragraph (1), the Secretary shall ensure geographic distribution in the designation of regional technology and innovation hubs by—
(A)
focusing on localities that are not the top five leading technology centers;
(B)
ensuring that not fewer than one third of eligible consortia designated as regional technology and innovation hubs significantly benefit a rural or other underserved community;
(C)
ensuring that at least one eligible consortium designated as a regional technology and innovation hub is headquartered in a State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation;
(D)
ensuring that at least one eligible consortium designated as a regional technology and innovation hub is headquartered in a region that has a high density of institutions of higher education serving populations historically underrepresented in STEM, including historically Black Colleges and Universities, Tribal Colleges and Universities, and minority-serving institutions; and
(E)
ensuring that at least 1 eligible consortium designated as a regional technology and innovation hub significantly benefits an area or region whose economy significantly relies on or has recently relied on coal, oil, or natural gas production, development, or utilization.
(3)

Relation to certain grant awards
The Secretary shall not require an eligible consortium to receive a grant or cooperative agreement under subsection (e) in order to be designated as a regional technology and innovation hub under paragraph (1) of this subsection.
(e)

Strategy development grants and cooperative agreements
(1)

In general
The Secretary shall use a competitive, merit-review process to award grants or cooperative agreements to eligible consortia for the development of regional innovation strategies.
(2)

Number of recipients
The Secretary shall award a grant or cooperative agreement under paragraph (1) to not fewer than 20 eligible consortia.
(3)

Geographic diversity and representation
(A)

In general
The Secretary shall carry out paragraph (1) in a manner that ensures geographic diversity and representation from communities of differing populations.
(B)

Awards to rural communities and underserved communities
In carrying out paragraph (1), the Secretary shall award not fewer than one-half of the grants and cooperative agreements under such paragraph to eligible consortia that significantly benefit a rural state, rural community, or other underserved community.
(4)

Use of funds
The amount of a grant or cooperative agreement awarded under paragraph (1) shall be as follows:
(A)
To coordinate locally defined planning processes, across jurisdictions and agencies, relating to developing a comprehensive regional technology strategy.
(B)
To identify regional partnerships for developing and implementing a comprehensive regional technology strategy.
(C)
To conduct or update assessments to determine regional needs and capabilities.
(D)
To develop or update goals and strategies to implement an existing comprehensive regional plan.
(E)
To identify or implement planning and local zoning and other code changes necessary to implement a comprehensive regional technology strategy.
(F)
To develop or update goals for ensuring that any new regional technology strategy mitigates and does not exacerbate economic or social inequities in a region.
(5)

Federal share
The Federal share of the cost of an effort carried out using a grant or cooperative agreement awarded under this subsection may not exceed 80 percent—
(A)
where in-kind contributions may be used for all or part of the non-Federal share, but Federal funding from other government sources may not count towards the non-Federal share;
(B)
except in the case of an eligible consortium that represents all or part of a rural or other underserved community, the Federal share may be up to 90 percent of the total cost, subject to subparagraph (A); and
(C)
except in the case of an eligible consortium that is led by a Tribal government, the Federal share may be up to 100 percent of the total cost of the project.
(f)

Strategy implementation grants and cooperative agreements
(1)

In general
The Secretary shall use a competitive, merit-review process to award grants or cooperative agreements to regional technology and innovation hubs for the implementation of regional innovation strategies, including regional strategies for infrastructure and site development, in support of the regional innovation and technology and innovation hub’s plans and programs. The Secretary should determine the size and number of awards based on appropriations available to ensure the success of regional technology and innovation hubs as outlined in subsection (h).
(2)

Use of funds
Financial assistance awarded under paragraph (1) to a regional technology and innovation hub may be used by the regional technology and innovation hub to support any of the following activities, consistent with the most current regional innovation strategy of the regional technology and innovation hub:
(A)

Workforce development activities
Workforce development activities, including activities relating to the following:
(i)
The creation of partnerships between industry, workforce, nonprofit, and educational institutions to create and align technical training and educational programs.
(ii)
The design, development, and updating of educational and training curriculum tied to demonstrated regional workforce needs.
(iii)
The procurement of facilities and equipment, as required to train a technical workforce.
(iv)
The development and execution of programs to rapidly award certificates or credentials recognized by regional industries or other organizations.
(v)
The matching of regional employers with a potential new entrant, underemployed, underrepresented, or incumbent workforce.
(vi)
The expansion of successful training programs at a scale required by the region served by the regional technology and innovation hub, including through the use of online education and mentoring.
(vii)
The development and expansion of programs with the goal of increasing the participation of persons historically underrepresented in STEM and manufacturing in the workforce development plans of the regional technology and innovation hub.
(B)

Business and entrepreneur development activities
Business and entrepreneur development activities, including activities relating to the following:
(i)
The development and growth of local regional businesses and the training of entrepreneurs.
(ii)
The support of technology commercialization, including funding for activities relevant for advancing high growth potential ventures such as acceleration, incubation, early-stage production and other relevant programming.
(iii)
The development of local and regional capital networks and consortia to attract necessary private funding to businesses and entrepreneurs in the region.
(iv)
The development of local and regional networks for business and entrepreneur mentorship.
(v)
The expansion of employee and worker ownership and participation in business decisionmaking, including through coordination and collaboration with worker cooperative membership associations and existing local and state employee ownership and cooperative development centers, or the creation of such centers where they do not yet exist, in order to provide information, technical assistance, access to financing, and training to startups, contractors, and businesses that are considering employee ownership as a model, and to facilitate the creation of and conversion to employee-owned startups, businesses, and cooperatives.
(C)

Technology development and maturation activities
Technology maturation activities, including activities relating to the following:
(i)
The development and deployment of technologies in sectors critical to the region served by the regional technology and innovation hub or to national and economic security, including industry-university research cooperation, proof of concept, prototype development, testing, and scale-up for manufacturing.
(ii)
The development of programming to support the creation and transfer of intellectual property into private use, such as through startup creation.
(iii)
The provision of facilities for technology maturation, including incubators and production testbeds for collaborative development of technologies by private sector, academic, nonprofit, and other entities.
(iv)
Activities to provide or ensure access to capital for new business and cooperative formation and business expansion, or preservation of existing businesses through conversion to employee ownership and cooperatives, including by attracting new private, public, and philanthropic investment and by establishing local and regional venture and loan funds, community development financial institutions, and minority depository institutions.
(D)

Infrastructure-related activities
The building of facilities and site connectivity infrastructure necessary to carry out activities described in subparagraphs (A), (B), and (C), including activities relating to the following:
(i)
Establishing a center with required tools and instrumentation for workforce development.
(ii)
Establishing a facility for technology development, demonstration, and testing.
(iii)
Establishing collaborative incubators to support technology commercialization and entrepreneur training.
(3)

Term
(A)

Initial performance period
The term of an initial grant or cooperative agreement awarded under this subsection shall be for a period that the Secretary deems appropriate for the proposed activities but not less than 2 years.
(B)

Subsequent performance period
The Secretary may renew a grant or cooperative agreement awarded to a regional technology and innovation hub under paragraph (1) for such period as the Secretary considers appropriate, if the Secretary determines that the regional technology and innovation hub has made satisfactory progress towards the metrics agreed to under subsection (j).
(C)

Flexible approach
In renewing a grant or cooperative agreement under subparagraph (B), the Secretary and the eligible consortium may agree to new or additional uses of funds in order to meet changes in the needs of the region.
(4)

Limitation on amount of awards
(A)

Initial performance period
The amount of an initial grant or cooperative agreements awarded to a regional technology and innovation hub under paragraph (3)(A) shall be no more than $150,000,000.
(B)

Subsequent performance period
Upon renewal of a grant or cooperative agreement under paragraph (3)(B), the Secretary may award funding in the amount that the Secretary considers appropriate, ensuring that no single regional technology and innovation hub receives more than 15 percent of the aggregate amount of the grants and cooperative agreements awarded under this subsection.
(5)

Matching required
(A)

Initial performance period
Except in the case of a regional technology and innovation hub described in subparagraph (C), the total amount of all grants awarded to a regional technology and innovation hub under this subsection in phase one shall not exceed 90 percent of the total operating costs of the regional technology and innovation hub during the initial performance period.
(B)

Subsequent performance period
Except in the case of a regional technology and innovation hub described in subparagraph (C), the total amount of all grants awarded to a regional technology and innovation hub in subsequent performance periods shall not exceed 75 percent of the total operating costs of the regional technology and innovation hub in each year of the grant or cooperative agreement.
(C)

Rural communities or underserved communities and indian tribes
(i)

In general
The total Federal financial assistance awarded in a given year to a regional technology and innovation hub under this subsection shall not exceed amounts as follows:
(I)
In the case of a regional technology and innovation hub that primarily serves a rural community or other underserved community, in a fiscal year, 90 percent of the total funding of the regional technology and innovation hub in that fiscal year.
(II)
In the case of a regional technology and innovation hub that is led by a Tribal government, in a fiscal year, 100 percent of the total funding of the regional technology and innovation hub in that fiscal year.
(ii)

Minimum threshold of rural representation
For purposes of clause (i)(I), the Secretary shall establish a minimum threshold of rural representation and other underserved community representation in the regional technology and innovation hub.
(D)

In-kind contributions
For purposes of this paragraph, in-kind contributions may be used for part of the non-Federal share of the total funding of a regional technology and innovation hub in a fiscal year.
(6)

Grants for infrastructure
Any grant or cooperative agreement awarded under this subsection to support the construction of facilities and site connectivity infrastructure shall be awarded pursuant to section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) and subject to the provisions of such Act, except that subsection (b) of such section and sections 204 and 301 of such Act (42 U.S.C. 3144; 3161) shall not apply.
(7)

Relation to certain grant awards
The Secretary shall not require a regional technology and innovation hub to receive a grant or cooperative agreement under subsection (e) in order to receive a grant or cooperative agreement under this subsection.
(g)

Applications
An eligible consortium seeking designation as a regional technology and innovation hub under subsection (d) or a grant or cooperative agreement under subsection (e) or (f) shall submit to the Secretary an application therefore at such time, in such manner, and containing such information as the Secretary may specify.
(h)

Considerations for designation and award of strategy implementation grants and cooperative agreements
In selecting an eligible consortium that submitted an application under subsection (g) for designation under subsection (d) or for a grant or cooperative agreement under subsection (f), the Secretary shall consider the following:
(1)
The potential of the eligible consortium to advance the research, development, deployment, and domestic manufacturing of technologies in a technology or innovation sector critical to national and economic security.
(2)
The likelihood of positive regional economic effect, including increasing the number of high wage domestic jobs, creating new economic opportunities for economically disadvantaged and underrepresented populations, promoting employee and worker ownership, and advancing models of local and cooperative economic development that build and retain wealth in the region.
(3)
How the eligible consortium plans to integrate with and leverage the resources of 1 or more federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, Hollings Manufacturing Extension Partnership centers, or other Federal entities.
(4)
How the eligible consortium will engage with the private sector, including small- and medium-sized businesses and cooperatives, and employee-owned businesses and cooperatives, to commercialize new technologies and improve the resiliency and sustainability of domestic supply chains in a technology or innovation sector critical to national and economic security.
(5)
How the eligible consortium will carry out workforce development and skills acquisition programming, including through partnerships with entities that include State and local workforce development boards, institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges and universities, and minority-serving institutions, labor organizations, worker cooperative membership associations, state or local employee ownership and cooperative development centers, workforce development programs, and other related activities authorized by the Secretary, to support the development of a skilled technical workforce for the regional technology and innovation hub.
(6)
How the eligible consortium will improve or expand science, technology, engineering, and mathematics education programs and opportunities in the identified region in elementary and secondary school and higher education institutions located in the identified region.
(7)
How the eligible consortium plans to develop partnerships with venture development organizations, community development financial institutions and minority depository institutions, and sources of private investment in support of private sector activity, including launching new or expanding existing companies.
(8)
How the eligible consortium plans to organize the activities of regional partners across sectors in support of a regional technology and innovation hub.
(9)
How the eligible consortium plans to procure as many goods, services, food, and supplies as is practicable from locally-owned, employee-owned, minority-owned, and women-owned businesses and cooperatives in conducting hub activities, and how individual consortium members, as applicable, plan to do the same.
(10)
How the consortium plans to collaborate with local and community development financial institutions and minority depository institutions to expand the supply of such procurement options, including by creating business plans and plans for financing businesses and cooperatives that do not yet exist, and how the consortium plans to encourage entities created as a result of hub activities to follow such practices.
(11)
How the eligible consortium will ensure that growth in technology, innovation, and advanced manufacturing sectors produces opportunity across the identified region, including for economically disadvantaged, minority, and rural populations, including consideration of how the eligible consortium takes into account the relevant impact of regional status and plans for—
(A)
available affordable housing stock and housing policies;
(B)
local and regional transportation systems;
(C)
high speed internet access; and
(D)
primary and secondary education.
(12)
How much the regions educational institutions are committed to aligning their activities, including research and education, as appropriate, to a region’s economic strengths and areas of focus.
(13)
The likelihood efforts served by the consortium will be sustained once Federal support ends.
(i)

Coordination and collaboration
(1)

Coordination with regional innovation program
The Secretary shall ensure the activities under this section do not duplicate activities or efforts under section 27.
(2)

Coordination among hubs
The Secretary shall ensure eligible consortia that receive a grant or cooperative agreement under this section coordinate and share best practices for regional economic development.
(3)

Coordination with programs of the national institute of standards and technology
The Secretary shall coordinate the activities of regional technology and innovation hubs designated under this section, the Hollings Manufacturing Extension Partnership, and the Manufacturing USA Program, as the Secretary considers appropriate, to maintain the effectiveness of a manufacturing extension center or a Manufacturing USA institute.
(4)

Coordination with department of energy programs
The Secretary shall, in collaboration with the Secretary of Energy, coordinate the activities and selection of regional technology and innovation hubs designated under this section, as the Secretaries consider appropriate, to maintain the effectiveness of activities at the Department of Energy and the National Laboratories.
(5)

Interagency collaboration
In designating regional technology and innovation hubs under subsection (d) and awarding grants or cooperative agreements under subsection (f), the Secretary—
(A)
shall collaborate with Federal departments and agencies whose missions contribute to the goals of the regional technology and innovation hub, and relevant interagency initiatives such as the Interagency Working Group for Cooperative Development;
(B)
shall consult with the Director of the National Science Foundation for the purpose of ensuring that the regional technology and innovation hubs are aligned with relevant science, technology, and engineering expertise; and
(C)
may accept funds from other Federal agencies to support grants, cooperative agreements, and activities under this section.
(j)

Performance measurement, transparency, and accountability
(1)

Metrics, standards, and assessment
For each grant and cooperative agreement awarded under subsection (f) for a regional technology and innovation hub, the Secretary shall—
(A)
in consultation with the regional technology and innovation hub, develop metrics, which may include metrics relating to domestic job creation, patent awards, increases in research funding, business formation and expansion, and participation of individuals or communities historically underrepresented in STEM, to assess the effectiveness of the activities funded in making progress toward the purposes set forth under subsection (b)(1);
(B)
establish standards for the performance of the regional technology and innovation hub that are based on the metrics developed under subparagraph (A); and
(C)
prior to any award made under a subsequent performance period in subsection (f) and every 2 years thereafter until Federal financial assistance under this section for the regional technology and innovation hub is discontinued, conduct an assessment of the regional technology and innovation hub to confirm whether the performance of the regional technology and innovation hub is meeting the standards for performance established under subparagraph (B) of this paragraph.
(2)

Final reports by recipients of strategy implementation grants and cooperative agreements
(A)

In general
The Secretary shall require each eligible consortium that receives a grant or cooperative agreement under subsection (f) for activities of a regional technology and innovation hub, as a condition of receipt of such grant or cooperative agreement, to submit to the Secretary, not later than 120 days after the last day of the term of the grant or cooperative agreement, a report on the activities of the regional technology and innovation hub supported by the grant or cooperative agreement.
(B)

Contents of report
Each report submitted by an eligible consortium under subparagraph (A) shall include the following:
(i)
A detailed description of the activities carried out by the regional technology and innovation hub using the grant or cooperative agreement described in subparagraph (A), including the following:
(I)
A description of each project the regional technology and innovation hub completed using such grant or cooperative agreement.
(II)
An explanation of how each project described in subclause (I) achieves a specific goal under this section in the region of the regional technology and innovation hub with respect to—
- (aa)
the resiliency and sustainability of a supply chain;
- (bb)
research, development, and deployment of a critical technology;
- (cc)
workforce training and development;
- (dd)
domestic job creation;
- (ee)
entrepreneurship and company formation, including the number of businesses created or preserved through employee ownership and cooperative development;
- (ff)
commercialization;
- (gg)
access to private capital; or
- (hh)
participation of individuals or communities historically underrepresented in STEM.
(ii)
A discussion of any obstacles encountered by the regional technology and innovation hub in the implementation of the regional technology and innovation hub and how the regional technology and innovation hub overcame those obstacles.
(iii)
An evaluation of the success of the projects of the regional technology and innovation hub using the performance standards and measures established under paragraph (1), including an evaluation of the planning process and how the project contributes to carrying out the regional innovation strategy of the regional technology and innovation hub.
(iv)
The effectiveness of the regional technology and innovation hub in ensuring that, in the region of the regional technology and innovation hub, growth in technology and innovation sectors produces broadly shared opportunity across the region, including for economic disadvantaged and underrepresented populations and rural areas.
(v)
Information regarding such other matters as the Secretary may require.
(3)

Interim reports by recipients of grants and cooperative agreements
In addition to requiring submittal of final reports under paragraph (2)(A), the Secretary may require a regional technology and innovation hub described in such paragraph to submit to the Secretary such interim reports as the Secretary considers appropriate.
(4)

Annual reports to congress
Not less frequently than once each year, the Secretary shall submit to the appropriate committees of Congress an annual report on the results of the assessments conducted by the Secretary under paragraph (1)(C) during the period covered by the report.
(k)

Authorization of appropriations
There is authorized to be appropriated to the Secretary—
(1)
$50,000,000 to award grants and cooperative agreements under subsection (e) for the period of fiscal years 2022 through 2026;
(2)
$2,000,000,000 to award grants and cooperative agreements under subsection (f) for the period of fiscal years 2022 and 2023; and
(3)
$4,800,000,000 to award grants and cooperative agreements under subsection (f) for the period of fiscal years 2024 through 2026.
(l)

Administration
The Secretary may use funds made available to carry out this section for administrative costs under this section.”.
(b)

Initial designations and awards
(1)

Competition required
Not later than 1 year after the date of the enactment of this section, subject to the availability of appropriations, the Secretary of Commerce shall commence a competition under subsection (d)(1) of section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3723) as added by subsection (a).
(2)

Designation and award
Not later than 1 year after the date of the enactment of this section, if the Secretary has received at least 1 application under subsection (g) of section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3723) from an eligible consortium whom the Secretary considers suitable for designation under subsection (d)(1) of such section, the Secretary shall—
(A)
designate at least 1 regional technology and innovation hub under subsection (d)(1) of such section; and
(B)
award a grant or cooperative agreement under subsection (f)(1) of such section to each regional technology and innovation hub designated pursuant to subparagraph (A) of this paragraph.
10642.

Regional Clean Energy Innovation Program
Subtitle C of title IX of the Energy Independence and Security Act of 2007 is amended by adding at the end the following:
“936.

Regional Clean Energy Innovation Program
(a)

Definitions
In this section:
(1)

Regional clean energy innovation partnership
The term regional clean energy innovation partnership means a group of one or more persons, including a covered consortium, who perform a collection of activities that are coordinated by such covered consortium to carry out the purposes of the program under subsection (c) in a region of the United States.
(2)

Covered consortium
The term covered consortium means an individual or group of individuals in partnership with a government entity, including a State, territorial, local, or tribal government or unit of such government, and at least 2 or more of the following additional entities—
(A)
an institution of higher education or a consortium of institutions of higher education;
(B)
a workforce training provider, including vocational schools and community colleges;
(C)
a private sector entity;
(D)
a nonprofit organization;
(E)
a community group;
(F)
a labor organization;
(G)
a National Laboratory;
(H)
a venture development organization;
(I)
a community development financial institution or minority depository institution;
(J)
a worker cooperative membership association or state or local employee ownership or cooperative development center;
(K)
an organization focused on clean energy technology innovation or entrepreneurship;
(L)
a business accelerator or incubator;
(M)
a private sector entity or group of entities, including a trade or industry association;
(N)
an economic development organization;
(O)
a manufacturing facility or organization;
(P)
a clean energy incubator or accelerator;
(Q)
a multi-institutional collaboration; or
(R)
any other entity that the Secretary determines to be relevant.
(3)

Program
The term program means the Regional Clean Energy Innovation Program authorized in subsection (b).
(4)

Institution of higher education
The term “institution of higher education” has the meaning given such term in the Higher Education Act of 1965, as amended (20 U.S.C. 1001).
(5)

National laboratory
The term “National Laboratory” has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 2 U.S.C. 15801).
(6)

Clean energy technology
The term “clean energy technology” means a technology that significantly reduces energy use, increases energy efficiency, reduces greenhouse gas emissions, reduces emissions of other pollutants, or mitigates other negative environmental consequences of energy production, transmission or use.
(b)

In general
The Secretary shall establish a Regional Clean Energy Innovation Program, a research, development, demonstration, and commercial application program designed to enhance the economic, environmental, and energy security of the United States and accelerate the pace of innovation of diverse clean energy technologies through the formation or support of regional clean energy innovation partnerships that—
(1)
account for the diverse domestic energy resources available throughout the United States;
(2)
are responsive to the needs of industry, workforce, policy landscape, and clean energy innovation capabilities of the region in which such partnership is located;
(3)
enhance and accelerate clean energy innovation;
(4)
are located in diverse geographic regions of the United States, including United States territories; and
(5)
maximize the opportunities for cooperation between institutes of higher education, industry, State and local governments, and nonprofit research institutions with shared areas of energy expertise.
(c)

Purposes of the program
The purposes of the Program established under subsection (b) are to—
(1)
improve the competitiveness of United States’ clean energy technology research, development, demonstration, and commercial application; and
(2)
support the development of tools and technologies best suited for use in diverse regions of the United States, including in rural, tribal, and low-income communities.
(d)

Regional clean energy innovation partnerships
(1)

In general
The Secretary shall competitively award grants to covered consortia to establish or support regional clean energy innovation partnerships that achieve the purposes of the Program in subsection (c).
(2)

Permissible activities
Grants awarded under this subsection shall be used for activities determined appropriate by the Secretary to achieve the purposes of the Program in subsection (c), including—
(A)
facilitating the commercial application of clean energy products, processes, and services, including through research, development, demonstration, or technology transfer;
(B)
planning among participants of a regional clean energy innovation partnership to improve the strategic and cost-effective coordination of the partnership;
(C)
improving stakeholder involvement in the development of goals and activities of a regional clean energy innovation partnership;
(D)
assessing different incentive mechanisms for clean energy development and commercial application in the region;
(E)
hosting events and conferences; and
(F)
establishing and updating roadmaps to measure progress on relevant goals, such as those relevant to metrics developed under subsection (g).
(3)

Applications
Each application submitted to the Secretary under paragraph (1) may include—
(A)
a list of members and roles of members of the covered consortia, as well as any other stakeholders supporting the activities of the regional clean energy innovation partnership;
(B)
a description of the proposed outcomes of the regional clean energy innovation partnership;
(C)
an assessment of the relevant clean energy innovation assets needed in a region to achieve proposed outcomes, such as education and training programs, research facilities, infrastructure or site development, access to capital, manufacturing capabilities, or other assets;
(D)
a description of proposed activities that the regional clean energy innovation partnership plans to undertake and how the proposed activities will achieve the purposes described in subsection (c) and the proposed outcomes in subparagraph (B);
(E)
a description of the geographical region that will engage in the regional clean energy innovation partnership;
(F)
a plan for attracting additional funds and identification of funding sources from non-Federal sources to deliver the proposed outcomes of the regional clean energy innovation partnership;
(G)
a plan for partnering and collaborating with community development financial institutions and minority depository institutions, labor organizations and community groups, worker cooperative membership associations, local and state employee ownership and cooperative development centers, and other local institutions in order to promote employee, community, and public ownership in the clean energy sector, and advance models of local economic development that build and retain wealth in the region;
(H)
a plan for sustaining activities of the regional clean energy innovation partnership after funds received under this program have been expended; and
(I)
a proposed budget, including financial contributions from non-Federal sources.
(4)

Considerations
In selecting covered consortia for funding under the Program, the Secretary shall, to the maximum extent practicable—
(A)
give special consideration to applications fromrural, tribal, and low-income communities; and
(B)
ensure that there is geographic diversity among the covered consortia selected to receive funding.
(5)

Award amount
Grants given out under this Program shall be in an amount not greater than $10,000,000, with the total grant award in any year less than that in the previous year.
(6)

Cost share
For grants that are disbursed over the course of three or more years, the Secretary shall require, as a condition of receipt of funds under this section, that a covered consortium provide not less than 50 percent of the funding for the activities of the regional clean energy partnership under this section for years 3, 4, and 5.
(7)

Duration
Each grant under paragraph shall be for a period of not longer than 5 years.
(8)

Renewal
A grant awarded under this section may be renewed for a period of not more than 5 years, subject to a rigorous merit review based on the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection (c) and the metrics developed under subsection (g).
(9)

Termination
Consistent with the existing authorities of the Department, the Secretary may terminate grant funding under this subsection to covered consortia during the performance period if the Secretary determines that the regional clean energy innovation partnership is underperforming.
(10)

Administrative costs
The Secretary may allow a covered consortium that receives funds under this section to allocate a portion of the funding received to be used for administrative or indirect costs.
(11)

Funding
The Secretary may accept funds from other Federal agencies to support funding and activities under this section.
(e)

Planning funds
The Secretary may competitively award grants in an amount no greater than $2,000,000 for a period not longer than 2 years to an entity consisting of a government entity, including a State, territorial, local, or tribal government or unit of such government or any entity listed under subsection (a)(2) to plan a regional clean energy innovation partnership or establish a covered consortium for the purpose of applying for funds under subsection (b).
(f)

Information sharing
As part of the program, the Secretary shall support the gathering, analysis, and dissemination of information on best practices for developing and operating successful regional clean energy innovation partnerships.
(g)

Metrics
In evaluating a grant renewals under subsection (d)(8), the Secretary shall work with program evaluation experts to develop and make publicly available metrics to assess the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection (c). Such metrics may include—
(1)
the number and quality of—
(A)
new clean energy companies created in the region as a result of activities carried out under the regional clean energy innovation partnership, including those created or preserved through employee ownership and cooperative development;
(B)
new or expanded workforce development or training programs; and
(C)
support services provided to clean energy technology developers in the region;
(2)
changes in clean energy employment in the region as a result of activities carried out under the regional clean energy innovation partnership; and
(3)
the amount of capital investment in clean energy companies in the region as a result of activities carried out under the regional clean energy innovation partnership grant.
(h)

Coordination
In carrying out the program, the Secretary shall coordinate with, and avoid unnecessary duplication of, the activities carried out under this section with the activities of—
(1)
other research entities of the Department, including the National Laboratories, the Office of Science, the Advanced Research Projects Agency-Energy, the Office of Technology Transitions, Energy Innovation Hubs, and Energy Frontier Research Centers; and
(2)
relevant programs at other Federal agencies, including—
(A)
the Office of Innovation and Entrepreneurship under the Economic Development Administration, including the Regional Innovation Program under section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722);
(B)
the Hollings Manufacturing Extension Partnership Program under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k);
(C)
the Manufacturing USA Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s);
(D)
the Defense Manufacturing Communities Support Program under section 846 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2501 note);
(E)
the Office of Economic Adjustment at the Department of Defense; and
(F)
Rural Development at the United States Department of Agriculture.
(i)

Conflicts of interest
In carrying out the program, the Secretary shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department.
(j)

Evaluation by comptroller general
Not later than 3 years after the date of the enactment of the America COMPETES Act of 2022, and again 3 years later, the Comptroller General shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the operation of the program during the most recent 3-year period, including—
(1)
an assessment of the progress made towards achieving the purposes specified in subsection (c) based on the metrics developed under subsection (g);
(2)
the short-term and long-term metrics used to determine the success of the program under subsection (g), and any changes recommended to the metrics used;
(3)
the regional clean energy innovation partnerships established or supported by covered consortia that have received grants under subsection (d); and
(4)
any recommendations on how the program may be improved.
(k)

National laboratories
In supporting technology transfer activities at the National Laboratories, the Secretary shall encourage partnerships with entities that are located in the same region or State as the National Laboratory.
(l)

Security
In carrying out the activities under this section, the Secretary shall ensure proper security controls are in place to protect sensitive information, as appropriate.
(m)

No funds for construction
No funds provided to the Department of Energy under this section shall be used for construction.
(n)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.”.
10643.

Critical technology and innovation analytics program
(a)

In general
The Secretary of Commerce shall carry out a program of data collection and analysis of technology and innovation sectors critical to realizing national objectives, including national security, economic prosperity, and social welfare.
(b)

Purpose
The purpose of the program shall be—
(1)
to serve as a central Federal clearinghouse for the collection, interpretation, analysis, and dissemination of objective data on the nation’s technology, innovation, and advanced manufacturing capacity;
(2)
to improve assessment of the nation’s research, technology, and manufacturing assistance programs, including the regional innovation programs established in section 27 and 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C. 3701 et seq.);
(3)
to assess U.S. competitiveness in technology and innovation sectors; and
(4)
to support national policy and decision making in both the public and private sectors to ensure United States leadership in technology and innovation sectors critical to national security, economic prosperity and social welfare.
(c)

Activities
In carrying out this section, the Secretary shall—
(1)
collect, acquire, analyze, report, and disseminate data related to critical technology, innovation, and production capacity in the United States and other nations that is relevant and useful to practitioners, researchers, policymakers, and the public, including data on—
(A)
regional technology and innovation capacity, including research and development activity, entrepreneurship, intellectual property generation, company formation, advanced technology capital equipment investment, and technology transfer;
(B)
supply chains, including domestic and international production capacity, inter-firm transactions, and resiliency for select end-products and their intermediate inputs;
(C)
the skilled technical and production workforce required in different critical technology and innovation sectors;
(D)
the participation of individuals and communities historically underrepresented in STEM; and
(E)
any other area the Secretary determines appropriate;
(2)
request from any person or entity information, data, and reports as may be required to carry out the purposes of this subtitle;
(3)
support research using the data it collects, and on methodologies in areas related to the activities carried out under the program; and
(4)
conduct other activities deemed by the Secretary to be critical for the development of analytic capabilities, statistics, datasets, and metrics related to critical technologies and innovation.
(d)

Other transactions authorities
In carrying out this section, the Secretary may enter into and perform such contracts, including cooperative research and development arrangements and grants and cooperative agreements or other transactions, as may be necessary in the conduct of the work of the program and on such terms as the Secretary considers appropriate.
(e)

Coordination
The Secretary shall collaborate with Federal statistical agencies, as appropriate, to carry out the purposes of this section, including by entering into cooperative data sharing agreements that comply with all laws and regulations applicable to the disclosure and use of data.
(f)

Consultation
In conducting the activities required under subsection (c), the Secretary shall solicit input from relevant stakeholders on critical technology and sector needs, practices, and goals related to creating statistics, metrics, data sets, and modeling.
(g)

Administration
The Secretary may carry out this program through existing programs and bureaus of the Department of Commerce, as appropriate.
(h)

Access to federal data
In carrying out subsection (c), the Secretary shall be given access to all information, data, or reports that the Secretary determines necessary to carry out this section by any Federal agency upon written request and subject to any statutory or regulatory restrictions. Where practicable, the Secretary should incorporate data collection into existing survey instruments.
(i)

Authorization of appropriations
There is authorized to be appropriated to the Secretary $100,000,000 to conduct activities under this section for the period of fiscal years 2022 through 2026.
10644.

Support for commercial deployment
Section 454 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113) is amended—
(1)
in subsection (b)(1), by inserting “commercial deployment,” after “demonstration,”;
(2)
in subsection (d)—
(A)
in the heading, by inserting “and commercial deployment” after “demonstration”; and
(B)
in paragraph (3)—
(i)
in the heading, by inserting “and commercial deployment” after “demonstration”; and
(ii)
by inserting “and commercial deployment” after “demonstration”; and
(3)
in subsection (e)—
(A)
by striking “There are authorized” and inserting “(1) Demonstration and commercial deployment projects.—There are authorized”;
(B)
by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; and
(C)
by adding at the end the following:
“(2)

Grants
There are authorized to be appropriated to the Secretary to carry out activities under subsection (d)(1) $1,000,000,000 for each of fiscal years 2022 through 2026 to fund the commercial deployment of technologies to achieve emissions reduction at high emitting non-power industrial facilities.”.
E

Malign Foreign Talent Recruitment Program Prohibition
10651.

Malign foreign talent recruitment program prohibition
(a)

In general
Not later than 18 months after the date of enactment of this Act, each Federal research agency shall establish a policy that, as part of a proposal for a research and development award from the agency—
(1)
each covered individual listed in the proposal for a research and development award certify that they are not a party to a malign foreign talent recruitment program from a foreign country of concern in their proposal submission and annually thereafter for the duration of the award; and
(2)
each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution of higher education or other organization has been made aware of the requirement under this section.
(b)

Stakeholder input
In establishing a policy under subsection (a), agencies shall go through a notice and comment process.
(c)

Compliance with existing law
Each Federal research agency and grantee shall comply with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) in the development and implementation of policies developed under subsection (a).
(d)

International collaboration
Each policy developed under subsection (a) shall not prohibit—
(1)
making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
(2)
participation in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding;
(3)
advising a foreign student enrolled at the covered individual’s institution of higher education or writing a recommendation for such a student, at the student’s request; and
(4)
other international activities deemed appropriate by the Federal research agency head or their designee.
(e)

Limitation
The certifications required under subsection (a) shall not apply retroactively to research and development awards made or applied for prior to the establishment of the policy by the Federal research agency.
(f)

Definitions
In this section:
(1)
The term covered individual means an individual who—
(A)
contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and
(B)
is designated as a covered individual by the Federal research agency concerned.
(2)
The term Federal research agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.
(3)
The term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country deemed to be a country of concern as determined by the Department of State.
(4)
The term malign foreign talent program means any program, position, or activity that includes compensation in the form of cash, research funding, promised future compensation, or things of non de minimis value, directly provided by a foreign country of concern at any level (national, provincial or local) or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern, to the targeted individual in exchange for the individual—
(A)
engaging in the unauthorized transfer of intellectual property, materials, or data products owned by a U.S. entity or developed with a federal research and development award to the government of a foreign country of concern or an entity based in a foreign country of concern regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
(B)
being required to recruit trainees or researchers to enroll in malign foreign talent programs sponsored by a foreign country of concern or an entity based in a foreign country of concern; or
(C)
establishing a laboratory and/or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country of concern or an entity based in a foreign country of concern if such activities are contrary to the standard terms and conditions of a federal research and development award.
(5)
The term research and development award means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.
F

Microelectronics Research for Energy Innovation
10661.

Definitions
In this subtitle:
(1)

Department
The term Department means the Department of Energy.
(2)

Historically black college and university
The term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(3)

Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4)

Microelectronics
The term microelectronics refers to semiconductors and related materials, processing chemistries, design, fabrication, lithography, packaging, sensors, devices, integrated circuits, processors, computing architectures, modeling and simulation, software tools, and related technologies.
(5)

Minority serving institution
The term minority serving institution includes the entities described in any of the paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(6)

National laboratory
The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(7)

Secretary
The term Secretary means the Secretary of Energy.
(8)

Skilled technical workforce
The term skilled technical workforce has the meaning given such term in section 4(b) of the Innovations in Mentoring, Training, and Apprenticeships Act (42 U.S.C. 1862p).
(9)

STEM
The term “STEM” means the field or disciplines listed in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).
(10)

Tribal college and university
The term Tribal College and University has the meaning given in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
10662.

Findings
Congress finds that—
(1)
the coming end of Moore’s Law presents major technological challenges and opportunities for the United States and important implications for national security, economic competitiveness, and scientific discovery;
(2)
future progress and innovation in microelectronics, and maintaining a robust domestic microelectronics supply chain, will require an approach that advances relevant materials science, electronic and photonic device technologies, processing and packaging technologies, manufacturing technologies, circuit, chip, and system architecture, and software system and algorithm development in a co-design fashion;
(3)
the National Laboratories possess unique technical expertise and user facilities that are essential to overcoming foundational research challenges relevant to the topics described in paragraph (2), and translating and transferring research outcomes to industry; and
(4)
the assets described in paragraph (3) will enable the Department to drive advances in microelectronics that are essential to meeting future needs in areas critical to its missions as well as the future competitiveness of the domestic microelectronics industry, including high-performance computing, emerging data-centric computing approaches, and energy-efficient computing; optical sensors, sources, and wireless networks; and power electronics and electricity delivery systems.
10663.

Microelectronics research program
(a)

In general
The Secretary shall carry out a cross-cutting program of research, development, and demonstration of microelectronics relevant to the missions of the Department and in the service of the Nation’s global competitiveness in the field of microelectronics. In carrying out this program, the Secretary shall coordinate across all relevant programs and offices of the Department.
(b)

Research areas
In carrying out the program under subsection (a), the Secretary shall award financial assistance to eligible entities under subsection (c) to carry out research projects in—
(1)
foundational science areas, including—
(A)
materials sciences, chemical sciences, and plasma science synthesis, and fabrication;
(B)
novel microelectronics devices, including emerging memory and storage technologies;
(C)
diverse computing architectures and paradigms, including analog computing and edge computing;
(D)
data-driven modeling and simulation;
(E)
integrated sensing, power harvesting, and communications;
(F)
component integration and subsystems;
(G)
photonic integration; and
(H)
development of co-design frameworks for all stages of microelectronics design, development, fabrication, and application;
(2)
cybersecurity by design to result in trusted and resilient microelectronics;
(3)
methods for leveraging advanced simulation and artificial intelligence to enhance co-design and discovery in microelectronics;
(4)
in consultation with the Director of the National Institute of Standards and Technology, fabrication and processing science and metrology associated with microelectronics manufacturing, including lithography, patterning, surface deposition, etching, and cleaning;
(5)
approaches for optimizing system-level energy efficiency of advanced computing systems, the electrical grid, power electronics, and other energy infrastructure;
(6)
approaches for enhancing the durability and lifetime of radiation-hardened electronics;
(7)
enhancement of microelectronics security, including the development of integrated devices, packages, and thermal management for severe environments and national security;
(8)
in coordination with other relevant initiatives at the Department, methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of microelectronics components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption; and
(9)
methods and techniques for domestic processing of materials for microelectronics and their components.
(c)

Eligible entities
The entities eligible to receive financial assistance under this section include—
(1)
an institution of higher education, including historically Black colleges and universities, Tribal colleges and universities, and minority serving institutions;
(2)
a nonprofit research organization;
(3)
a State research agency;
(4)
a National Laboratory;
(5)
a private commercial entity;
(6)
a partnership or consortium of 2 or more entities described in paragraphs (1) through (5); and
(7)
any other entities the Secretary deems appropriate.
(d)

Technology transfer
In carrying out the program described in subsection (a), the Secretary, in coordination with the Director of the Office of Technology Transitions, and in consultation with the private sector, shall support translational research and transfer of microelectronics technologies and identify emerging research and development needs of industry and government for the benefit of United States economic competitiveness.
(e)

Workforce development
In carrying out the program under subsection (a), the Secretary shall support—
(1)
workforce development through the existing authorities and mechanisms available to the Department, including internships, fellowships, individual investigator grants, and other activities the Secretary deems appropriate; and
(2)
education and outreach activities to disseminate information and promote understanding of microelectronics and related fields among students at K–12, undergraduate, and graduate levels. Such activities may include educational programming with an emphasis on experiential and project-based learning. The Secretary shall consult with the Director of the National Science Foundation on activities carried out this paragraph.
(f)

Outreach
In carrying out activities under subsection (e), the Secretary shall ensure program outreach to recruit applicants and engage participants from all regions of the country, especially underserved communities and groups historically underrepresented in STEM.
(g)

Report
Not less than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a report describing the goals, priorities, and anticipated outcomes of the program described in subsection (a).
(h)

Funding
There are authorized to be appropriated to the Secretary to carry out the activities described in this section—
(1)
$75,000,000 for fiscal year 2022;
(2)
$100,000,000 for fiscal year 2023;
(3)
$100,000,000 for fiscal year 2024;
(4)
$100,000,000 for fiscal year 2025; and
(5)
$100,000,000 for fiscal year 2026.
10664.

Microelectronics science research centers
(a)

In general
In carrying out the program under section 10663, the Secretary, acting through the Director of the Office of Science, shall establish up to four Microelectronics Science Research Centers (referred to in this section as “Centers”) to conduct mission-driven research to address foundational challenges in the design, development, characterization, prototyping, demonstration, and fabrication of microelectronics and to facilitate the translation of research results to industry.
(b)

Activities
The activities of the Centers authorized under this section shall include research, development, and demonstration activities for—
(1)
accelerating the development of new microelectronics science and technology, including materials, devices, circuits, systems, architectures, fabrication tools, processes, diagnostics, modeling, synthesis, and, in consultation with the National Institute of Standards and Technology, metrology;
(2)
advancing the sustainability and energy efficiency of new microelectronics devices, packages, and systems;
(3)
application-driven co-design and prototyping of novel devices to facilitate laboratory-to-fabrication transition;
(4)
advancing knowledge and experimental capabilities in surface and materials science, plasma science, and computational and theoretical methods, including artificial intelligence, multi-scale co-design, and advanced supercomputing capabilities to invent and manufacture revolutionary microelectronic devices;
(5)
creating technology testbeds for prototyping platforms for validation and verification of new capabilities and sharing of ideas, intellectual property, and the unique facilities of the Department;
(6)
supporting development of cybersecurity capabilities for computing architectures that measurably improve safety and security, and that are adaptable for existing and future applications; and
(7)
supporting long-term and short-term workforce development in microelectronics.
(c)

Requirements
(1)

Selection and duration
The Director of the Office of Science shall select Centers on a competitive, merit-reviewed basis for a period of not more than 5 years, subject to the availability of appropriations, beginning on the date of establishment of that Center.
(2)

Applications
An eligible applicant under this subsection shall submit to the Director of the Office of Science an application at such time, in such manner, and containing such information as the Director deems appropriate.
(3)

Eligible applicants
The Director of the Office of Science shall consider applications from—
(A)
National Laboratories;
(B)
institutions of higher education, including historically Black colleges and universities, Tribal colleges and universities, and minority serving institutions;
(C)
private industry;
(D)
research centers;
(E)
consortia of 2 or more of the entities described in subparagraphs (A) through (D); and
(F)
any other entity that the Secretary deems appropriate.
(4)

Renewal
After the end of either period described in paragraph (1), the Director of the Office of Science may renew support for the Center for a period of not more than 5 years on a merit-reviewed basis. For a Center in operation for 10 years after its previous selection on a competitive, merit-reviewed basis, the Director may renew support for the center on a competitive, merit-reviewed basis for a period of not more than 5 years, and may subsequently provide an additional renewal on a merit-reviewed basis for a period of not more than 5 years.
(5)

Termination
Consistent with the existing authorities of the Department, the Director of the Office of Science may terminate an underperforming center for cause during the performance period.
(d)

Technology transfer
The Director of the Office of Science, in coordination with the Director of the Office of Technology Transitions, shall implement partnerships with industry groups for the purpose of facilitating the translation and transfer of research results produced by the Centers.
(e)

Coordination
The Secretary shall—
(1)
establish a coordinating network to coordinate cross-cutting research and foster communication and collaboration among the Centers; and
(2)
ensure the coordination, and avoid unnecessary duplication, of the activities of each Center with the activities of—
(A)
other research entities of the Department, including—
(i)
the Nanoscale Science Research Centers;
(ii)
the National Quantum Information Science Research Centers;
(iii)
the Energy Frontier Research Centers;
(iv)
the Energy Innovation Hubs;
(v)
the National Laboratories; and
(vi)
other offices of the Department;
(B)
the National Semiconductor Technology Center authorized in title XCIX of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
(C)
institutions of higher education;
(D)
industry; and
(E)
research activities carried out by other Federal agencies.
(f)

Workforce development
Centers established under this section shall support workforce development through—
(1)
incorporation of undergraduate students, postdoctoral fellows, graduate students, and early career researchers, as well as K–12 students through opportunities such as dual-enrollment programs and work-based learning programs, as applicable;
(2)
hand-on research and equipment training programs;
(3)
technical training and certificate programs for the skilled technical workforce;
(4)
facilitation of engagement between academic, industry, and laboratory researchers; and
(5)
public outreach activities, including to students at K–12, undergraduate, and graduate levels. Such activities may include educational programming with an emphasis on experiential and project-based learning.
(g)

Outreach
In carrying out activities under subsection (e), the Director shall ensure program outreach to recruit applicants and engage participants from all regions of the country, especially underserved communities and groups historically underrepresented in STEM.
(h)

Intellectual property
The Secretary shall ensure that the intellectual property and value proposition created by the Centers are retained within the United States.
(i)

Funding
The Secretary shall allocate up to $25,000,000 for each Center established under this section for each of fiscal years 2022 through 2026, subject to the availability of appropriations.
10665.

Miscellaneous other requirements
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted in whole or in part under the program under sections 10663 and 10664 shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
G

Reports
10671.

Report on methane removal technology
(a)

In general
Not later than 360 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the potential for, and technical and economic viability of, direct methane removal to significantly mitigate climate change, with special consideration given to natural methane sources, such as melting permafrost, and non-energy sector methane sources.
(b)

Contents
The report under subsection (a) shall include a summary of research, development, and demonstration needs, including an estimate of Federal funding requirements, to further examine and validate the technical and economic viability, and potential ancillary impacts, of direct methane removal technologies and approaches over the 10-year period beginning on the date of the enactment of this Act.
(c)

Coordination
In carrying out the report under subsection (a), the Secretary shall coordinate across all relevant programs and offices of the Department and other relevant Federal agencies.
H

Better energy storage technology
10681.

Long-duration demonstration initiative and joint program
(a)

Authorization of appropriations
Section 3201(h)(3) of the Energy Act of 2020 (42 U.S.C. 17232(h)(3)) is amended by striking “$30,000,000 for each of fiscal years 2021 through 2025” and inserting “$45,000,000 for each of fiscal years 2022 through 2026”.
(b)

Technical correction
Effective as of the enactment of the Infrastructure Investment and Jobs Act, section 40334 of such Act is amended by striking “Energy Policy Act of 2020” and inserting “Energy Act of 2020”.
I

SBIR, STTR, and Pilot Extensions
10691.

Small business innovation programs and pilot extensions
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by striking “2022” each place it appears and inserting “2027”.
J

Coastal and Ocean Acidification Stressors and Threats Research
10701.

Short title
This subtitle may be cited as the “Coastal and Ocean Acidification Stressors and Threats Research Act of 2021” or the “COAST Research Act of 2021”.
10702.

Purposes
(a)

In general
Section 12402(a) of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701(a)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “development and coordination” and inserting “coordination and implementation”;
(B)
in subparagraph (A), by striking “acidification on marine organisms” and inserting “acidification and coastal acidification on marine organisms”; and
(C)
in subparagraph (B), by striking “establish” and all that follows through the semicolon and inserting “maintain and advise an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidification;”;
(2)
in paragraph (2), by striking “establishment” and inserting “maintenance”;
(3)
in paragraph (3), by inserting “and coastal acidification” after “ocean acidification”; and
(4)
in paragraph (4), by inserting “and coastal acidification that take into account other environmental and anthropogenic stressors” after “ocean acidification”.
(b)

Technical and conforming amendment
Section 12402 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701(a)) is amended by striking “(a) Purposes.—”.
10703.

Definitions
Section 12403 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3702) is amended—
(1)
in paragraph (1), by striking “of the Earth’s oceans” and all that follows before the period at the end and inserting “and changes in the water chemistry of the Earth’s oceans, coastal estuaries, and waterways caused by carbon dioxide from the atmosphere and the breakdown of organic matter”;
(2)
in paragraph (3), by striking “Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council” and inserting “National Science and Technology Council Subcommittee on Ocean Science and Technology”;
(3)
by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;
(4)
by inserting before paragraph (2), as so redesignated, the following new paragraph:
“(1)

Coastal Acidification
The term “coastal acidification” means the combined decrease in pH and changes in the water chemistry of coastal oceans, estuaries, and other bodies of water from chemical inputs (including carbon dioxide from the atmosphere), freshwater inputs, and excess nutrient run-off from land and coastal atmospheric pollution that result in processes that release carbon dioxide, acidic nitrogen, and sulfur compounds as byproducts which end up in coastal waters.”; and
(5)
by adding at the end the following new paragraph:
“(5)

State
The term “State” means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.”.
10704.

Interagency working group
Section 12404 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3703) is amended—
(1)
in the heading, by striking “subcommittee” and inserting “working group”;
(2)
in subsection (a)—
(A)
in paragraph (1), by striking “Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish” and insert “Subcommittee shall establish and maintain”;
(B)
in paragraph (2), by striking “Wildlife Service,” and inserting “Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of Indian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution,”; and
(C)
in paragraph (3), in the heading, by striking “Chairman” and inserting “Chair”;
(3)
in subsection (b)—
(A)
in paragraph (1), by inserting “, including the efforts of the National Oceanic and Atmospheric Administration to facilitate such implementation” after “of the plan”;
(B)
in paragraph (2)—
(i)
in subparagraph (A), by inserting “and coastal acidification” after “ocean acidification”; and
(ii)
in subparagraph (B), by inserting “and coastal acidification” after “ocean acidification”;
(C)
in paragraph (4), by striking “; and” and inserting a semicolon;
(D)
in paragraph (5)—
(i)
by striking “developed” and inserting “and coastal acidification developed”; and
(ii)
by striking the period at the end and inserting “and coastal acidification; and”; and
(E)
by adding at the end the following new paragraph:
“(6)
ensure that each of the Federal agencies represented on the interagency working group—
(A)
participates in the Ocean Acidification Information Exchange established under paragraph (5); and
(B)
delivers data and information to support the data archive system established under section 12406(d).”;
(4)
in subsection (c), in paragraph (2)—
(A)
by inserting “, and to the Office of Management and Budget,” after “House of Representatives”; and
(B)
in subparagraph (B), by striking “the interagency research” and inserting “interagency strategic research”;
(5)
by redesignating subsection (c) as subsection (d); and
(6)
by inserting after subsection (b) the following:
“(c)

Advisory Board
(1)

Establishment
The Chair of the Subcommittee shall establish an Ocean Acidification Advisory Board.
(2)

Duties
The Advisory Board shall—
(A)
not later than 180 days before the Subcommittee submits the most recent report under subsection (d)(2)—
(i)
review such report;
(ii)
submit an analysis of such report to the Subcommittee for consideration in the final report submitted under subsection (d)(2); and
(iii)
concurrently with the Subcommittee’s final submission of the report under subsection (d)(2), the Advisory Board shall submit a copy of the analysis provided to the Subcommittee to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives;
(B)
not later than 180 days before the Subcommittee submits the most recent strategic research plan under subsection (d)(3) to Congress—
(i)
review such plan;
(ii)
submit an analysis of such plan and the implementation thereof to the Subcommittee for consideration in the final strategic research plan submitted under subsection (d)(3); and
(iii)
concurrently with the Subcommittee’s final submission of the strategic research plan under subsection (d)(3), the Advisory Board shall submit a copy of the analysis provided to the Subcommittee to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives;
(C)
provide ongoing advice to the Subcommittee and the interagency working group on matters related to Federal activities on ocean acidification and coastal acidification;
(D)
advise the Subcommittee and the interagency working group on—
(i)
efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and
(ii)
the best practices for the standards developed for data archiving under section 12406(e);
(E)
publish in the Federal Register a charter;
(F)
provide the Library of Congress with—
(i)
the charter described in subparagraph (E);
(ii)
any schedules and minutes for meetings of the Advisory Board;
(iii)
any documents that are approved by the Advisory Board; and
(iv)
any reports and analysis prepared by the Advisory Board; and
(G)
establish a publicly accessible web page on the website of the National Oceanic and Atmospheric Administration, that contains the information described in clauses (i) through (iv) of subparagraph (F).
(3)

Membership
The Advisory Board shall consist of 24 members as follows:
(A)
Two representatives of the shellfish and crab industry.
(B)
One representative of the finfish industry.
(C)
One representative of seafood processors.
(D)
Three representatives from academia, including both natural and social sciences.
(E)
One representative of recreational fishing.
(F)
One representative of a relevant nongovernmental organization.
(G)
Six representatives from relevant State, local, and Tribal governments.
(H)
One representative from the Alaska Ocean Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(I)
One representative from the California Current Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(J)
One representative from the Northeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(K)
One representative from the Southeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(L)
One representative from the Gulf of Mexico Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(M)
One representative from the Mid-Atlantic Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.
(N)
One representative from the Pacific Islands Ocean Observing System or a subsequent entity that represents the island territories and possessions of the United States in the Pacific Ocean, and the State of Hawaii and has a similar purpose.
(O)
One representative from the Caribbean Regional Association for Coastal Ocean Observing or a subsequent entity that represents Puerto Rico and the United States Virgin Islands and has a similar purpose.
(P)
One representative from the National Oceanic and Atmospheric Administration shall serve as an ex-officio member of the Advisory Board without a vote.
(4)

Appointment of members
The Chair of the Subcommittee shall—
(A)
appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member of the Advisory Board to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who—
(i)
represent the interest group for which each seat is designated;
(ii)
demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and
(iii)
have a record of distinguished service with respect to ocean acidification or coastal acidification, and such impacts;
(B)
give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and
(C)
ensure that an appropriate balance of scientific, industry, and geographical interests are represented by the members of the Advisory Board.
(5)

Term of membership
Each member of the Advisory Board—
(A)
shall be appointed for a 5-year term; and
(B)
may be appointed to more than one term.
(6)

Chair
The Chair of the Subcommittee shall appoint one member of the Advisory Board to serve as the Chair of the Advisory Board.
(7)

Meetings
Not less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group.
(8)

Briefing
The Chair of the Advisory Board shall brief the Subcommittee and the interagency working group on the progress of the Advisory Board as necessary or at the request of the Subcommittee.
(9)

Federal Advisory Committee Act
Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Board.”.
10705.

Strategic research plan
Section 12405 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3704) is amended—
(1)
in subsection (a)—
(A)
by striking “acidification” each place it appears and inserting “acidification and coastal acidification”;
(B)
in the first sentence—
(i)
by inserting “, and not later than every 5 years thereafter” after “the date of enactment of this Act”;
(ii)
by inserting “address the socioeconomic impacts of ocean acidification and coastal acidification and to” after “mitigation strategies to”; and
(iii)
by striking “marine ecosystems” each place it appears and inserting “ecosystems”; and
(C)
in the second sentence, by inserting “and recommendations made by the Advisory Board in the review of the plan required under section 12404(c)(2)(B)(i)” after “subsection (d)”;
(2)
in subsection (b)—
(A)
in paragraph (1), by inserting “and social sciences” after “among the ocean sciences”;
(B)
in paragraph (2)—
(i)
in subparagraph (A), by striking “impacts” and inserting “impacts, including trends of changes in ocean chemistry,”;
(ii)
in subparagraph (B)—
(I)
by striking “improve the ability to assess the” and inserting “assess the short-term and long-term”; and
(II)
by striking “; and” at the end and inserting a semicolon;
(iii)
by amending subparagraph (C) to read as follows:
“(C)
provide information for the—
(i)
development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification;
(ii)
conservation of marine organisms and ecosystems;
(iii)
assessment of the effectiveness of such adaptation and mitigation strategies; and”; and
(iv)
by adding at the end the following new subparagraph:
“(D)
improve research on—
(i)
ocean acidification and coastal acidification;
(ii)
the interactions between and effects of multiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and
(iii)
the effect of environmental stressors on marine resources and ecosystems;”;
(C)
in paragraph (3)—
(i)
in subparagraph (F), by striking “database development” and inserting “data management”;
(ii)
in subparagraph (H) by striking “and” at the end; and
(iii)
by adding at the end the following new subparagraphs:
“(J)
assessment of adaptation and mitigation strategies; and
(K)
education and outreach activities;”;
(D)
in paragraph (4), by striking “set forth” and inserting “ensure an appropriate balance of contribution in establishing”;
(E)
in paragraph (5), by striking “reports” and inserting “the best available peer-reviewed scientific reports”;
(F)
in paragraph (6)—
(i)
by inserting “and coastal acidification” after “ocean acidification”; and
(ii)
by striking “of the United States” and inserting “within the United States”;
(G)
in paragraph (7), by striking “outline budget requirements” and inserting “estimate costs associated for full implementation of each element of the plan by fiscal year”;
(H)
in paragraph (8)—
(i)
by inserting “and coastal acidification” after “ocean acidification” each place it appears;
(ii)
by striking “its” and inserting “their”; and
(iii)
by striking “; and” at the end and inserting a semicolon;
(I)
in paragraph (9), by striking the period at the end and inserting “; and”; and
(J)
by adding at the end the following new paragraph:
“(11)
describe monitoring needs necessary to support potentially affected industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, and scientific experts on decision-making and adaptation related to ocean acidification and coastal acidification.”;
(3)
in subsection (c)—
(A)
in paragraph (1)(C), by striking “surface”;
(B)
in paragraph (2), by inserting “and coastal acidification” after “ocean acidification” each place it appears;
(C)
in paragraph (3)—
(i)
by striking “input, and” and inserting “inputs,”;
(ii)
by inserting “, marine food webs,” after “marine ecosystems”; and
(iii)
by inserting “, and modeling that supports fisheries management” after “marine organisms”;
(D)
in paragraph (5), by inserting “and coastal acidification” after “ocean acidification”; and
(E)
by adding at the end the following new paragraph:
“(8)
Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification.”; and
(4)
by striking subsection (e) and inserting the following:
“(e)

Advisory Board evaluation
Not later than 180 days before a plan is submitted to Congress, the Subcommittee shall provide the Advisory Board established under section 12404(c) a copy of the plan for purposes of review under paragraph (2)(B)(i) of such section.
(f)

Publication and public comment
Not later than 90 days before the strategic research plan, or any revision thereof, is submitted to Congress, the Subcommittee shall publish the plan in the Federal Register and provide an opportunity for submission of public comments for a period of not less than 60 days.”.
10706.

NOAA ocean acidification activities
Section 12406 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3705) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by inserting “coordination,” after “research, monitoring,”;
(B)
in paragraph (1)—
(i)
in subparagraph (B)—
(I)
by inserting “including the Integrated Ocean Observing System and the ocean observing assets of other Federal, State, and Tribal agencies,” after “ocean observing assets,”; and
(II)
by inserting “and agency and department missions, prioritizing the location of monitoring instruments, assets, and projects to maximize the efficiency of resources and to optimize understanding of socioeconomic impacts and ecosystem health” after “research program”;
(ii)
in subparagraph (C)—
(I)
by striking “adaptation” and inserting “adaptation and mitigation”; and
(II)
by inserting “and supporting socioeconomically vulnerable States, local governments, Tribes, communities, and industries through technical assistance and mitigation strategies” after “marine ecosystems”;
(iii)
in subparagraph (E), by striking “its impacts” and inserting “their respective impacts”;
(iv)
in subparagraph (F), by striking “monitoring and impacts research” and inserting “research, monitoring, and adaptation and mitigation strategies”; and
(v)
by adding at the end the following new subparagraph:
“(G)
research to improve understanding of the effect of—
(i)
other environmental stressors on ocean acidification and coastal acidification;
(ii)
multiple environmental stressors on living marine resources and coastal ecosystems; and
(iii)
adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification.”;
(C)
in paragraph (2), by striking “critical research projects that explore” and inserting “critical research, education, and outreach projects that explore and communicate”; and
(D)
in paragraphs (1) and (2), by striking “acidification” each place it appears and inserting “acidification and coastal acidification”; and
(2)
by adding at the end the following new subsections:
“(c)

Relationship to interagency working group
The National Oceanic and Atmospheric Administration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean acidification and coastal acidification, by—
(1)
leading the interagency working group in implementing the strategic research plan under section 12405;
(2)
coordinating monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal government and international partners;
(3)
maintaining an Ocean Acidification Information Exchange described under section 12404(b)(5) to allow for information to be electronically accessible, including information—
(A)
on ocean acidification developed through or used by the ocean acidification program described under section 12406(a); or
(B)
that would be useful to State governments, local governments, Tribal governments, resource managers, policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and
(4)
establishing and maintaining the data archive system under subsection (d).
(d)

Data archive system
(1)

Management
The Secretary, in coordination with members of the interagency working group, shall provide for the long-term stewardship of, and access to, data relating to ocean acidification and coastal acidification by establishing and maintaining a data archive system that the National Center for Environmental Information uses to process, store, archive, provide access to, and incorporate to the extent possible, such data collected—
(A)
through relevant federally-funded research; and
(B)
by a Federal agency, State agency, local agency, Tribe, academic scientist, citizen scientist, or industry organization.
(2)

Existing global or national data assets
In establishing and maintaining the data archive system under paragraph (1), the Secretary shall ensure that existing global or national data assets (including the data assets maintained by the National Centers for Environmental Information, the Integrated Ocean Observing System, and other existing data systems within Federal agencies) are incorporated to the greatest extent possible.
(e)

Standards, protocols, and procedures
With respect to the data described in subsection (d), the Secretary, in coordination with members of the interagency working group, shall establish and revise as necessary the standards, protocols, or procedures for—
(1)
processing, storing, archiving, and providing access to such data;
(2)
the interoperability and intercalibration of such data;
(3)
the collection of any metadata underlying such data; and
(4)
sharing such data with State, local, and Tribal government programs, potentially affected industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, and academia.
(f)

Dissemination of ocean acidification data and coastal acidification data
The Secretary, in coordination with members of the interagency working group, shall disseminate the data described under subsection (d) to the greatest extent practicable by sharing such data on full and open access exchanges.
(g)

Requirement
Recipients of grants from the National Oceanic and Atmospheric Administration under this subtitle that collect data described under subsection (d) shall—
(1)
collect such data in accordance with the standards, protocols, or procedures established pursuant to subsection (e); and
(2)
submit such data to the data archive system under subsection (d) after publication, in accordance with any rules promulgated by the Secretary.”.
10707.

NSF ocean acidification activities
Section 12407 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3706) is amended—
(1)
by striking “ocean acidification” each place it appears and inserting “ocean acidification and coastal acidification”;
(2)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “its impacts” and inserting “their respective impacts”;
(B)
in paragraph (3), by striking “and its impacts” and inserting “and their respective impacts”;
(C)
in paragraph (4), by striking the period at the end and inserting “; and”; and
(D)
by adding at the end the following new paragraph:
“(5)
adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification.”; and
(3)
by adding at the end the following:
“(d)

Requirement
Recipients of grants from the National Science Foundation under this subtitle that collect data described under section 12406(d) shall—
(1)
collect data in accordance with the standards, protocols, or procedures established pursuant to section 12406(e); and
(2)
submit such data to the Director and the Secretary after publication, in accordance with any rules promulgated by the Director or the Secretary.”.
10708.

NASA ocean acidification activities
Section 12408 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3707) is amended—
(1)
by striking “ocean acidification” each place it appears and inserting “ocean acidification and coastal acidification”;
(2)
in subsection (a), by striking “its impacts” and inserting “their respective impacts”; and
(3)
by adding at the end the following new subsection:
“(d)

Requirement
Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 12406(d) shall—
(1)
collect such data in accordance with the standards, protocols, or procedures established pursuant to section 12406(e); and
(2)
submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary.”.
10709.

Authorization of appropriations
Section 12409 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3708) is amended—
(1)
in subsection (a), by striking “subtitle—” and all that follows through paragraph (4) and inserting the following:
“subtitle—
(1)
$30,500,000 for fiscal year 2022;
(2)
$35,000,000 for fiscal year 2023;
(3)
$40,000,000 for fiscal year 2024;
(4)
$45,000,000 for fiscal year 2025; and
(5)
$50,000,000 for fiscal year 2026.”; and
(2)
in subsection (b), by striking “subtitle—” and all that follows through paragraph (4) and inserting the following: “subtitle $20,000,000 for each of the fiscal years 2022 through 2026.”.
K

National Nuclear University Research Infrastructure Reinvestment
10711.

Short title
This subtitle may be cited as the “National Nuclear University Research Infrastructure Reinvestment Act of 2021”.
10712.

Purposes
The purposes of this subtitle are—
(1)
to upgrade the nuclear research capabilities of universities in the United States to meet the research requirements of advanced nuclear energy systems;
(2)
to ensure the continued operation of university research reactors;
(3)
to coordinate available resources to enable the establishment, including the start and efficient completion of construction, of new nuclear science and engineering facilities; and
(4)
to support—
(A)
workforce development critical to maintaining United States leadership in nuclear science and engineering and related disciplines; and
(B)
the establishment or enhancement of nuclear science and engineering capabilities and other, related capabilities at historically Black colleges and universities, Tribal colleges or universities, minority-serving institutions, EPSCoR universities, junior or community colleges, and associate-degree-granting colleges.
10713.

University infrastructure collaboration
Section 954(a) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)) is amended—
(1)
in paragraph (2) by amending subparagraph (D) to read as follows:
“(D)
promote collaborations, partnerships, and knowledge sharing between institutions of higher education, National Laboratories, other Federal agencies, industry, and associated labor unions; and”.
(2)
by amending paragraph (4) to read as follow:
“(4)

Strengthening university research and training reactors and associated infrastructure
(A)

In general
In carrying out the program under this subsection, the Secretary may support—
(i)
converting research reactors from high-enrichment fuels to low-enrichment fuels and upgrading operational instrumentation;
(ii)
revitalizing and upgrading existing nuclear science and engineering infrastructure that support the development of advanced nuclear technologies and applications;
(iii)
regional or subregional university-led consortia to—
(I)
broaden access to university research reactors;
(II)
enhance existing university-based nuclear science and engineering infrastructure; and
(III)
provide project management, technical support, quality engineering and inspections, manufacturing, and nuclear material support;
(iv)
student training programs, in collaboration with the United States nuclear industry, in relicensing and upgrading reactors, including through the provision of technical assistance; and
(v)
reactor improvements that emphasize research, training, and education, including through the Innovations in Nuclear Infrastructure and Education Program or any similar program.
(B)
Of any amounts appropriated to carry out the program under this subsection, there is authorized to be appropriated to the Secretary to carry out clauses (ii) and (iii) of subparagraph (A) $55,000,000 for each of fiscal years 2022 through 2026.”.
10714.

Advanced nuclear research infrastructure enhancement subprogram
Section 954(a) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)), as amended by section 3, is further amended—
(1)
by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively;
(2)
by inserting after paragraph (4) the following:
“(5)

Advanced nuclear research infrastructure enhancement
(A)

In general
The Secretary shall carry out a subprogram to be known as the Advanced Nuclear Research Infrastructure Enhancement Subprogram in order to—
(i)
demonstrate various advanced nuclear reactor and nuclear microreactor concepts;
(ii)
establish medical isotope production reactors or other specialized applications; and
(iii)
advance other research infrastructure that, in the determination of the Secretary, is consistent with the mission of the Department.
(B)

New nuclear science and engineering facilities
In carrying out the subprogram, the Secretary shall establish—
(i)
not more than 4 new research reactors; and
(ii)
new nuclear science and engineering facilities, as required to address research demand and identified infrastructure gaps.
(C)

Locations
New research reactors and facilities established under subparagraph (B) shall be established in a manner that—
(i)
supports the regional or subregional consortia described in paragraph (4)(C); and
(ii)
encourages the participation of—
(I)
historically Black colleges and universities;
(II)
Tribal colleges or universities;
(III)
minority-serving institutions;
(IV)
EPSCoR universities;
(V)
junior or community colleges; and
(VI)
associate-degree-granting colleges.
(D)

Fuel requirements
New research reactors established under subparagraph (B) shall not use high-enriched uranium, as defined in section 2001 of division Z of the Consolidated Appropriations Act of 2021.
(E)

Authorization of appropriations
Of any amounts appropriated to carry out the program under this section, there are authorized to be appropriated to the Secretary to carry out the subprogram under this paragraph—
(i)
$10,000,000 for fiscal year 2022;
(ii)
$45,000,000 for fiscal year 2023;
(iii)
$60,000,000 for fiscal year 2024;
(iv)
$65,000,000 for fiscal year 2025;
(v)
$80,000,000 for fiscal year 2026;
(vi)
$140,000,000 for fiscal year 2027;
(vii)
$120,000,000 for fiscal year 2028; and
(viii)
$80,000,000 for fiscal year 2029.”; and
(3)
by amending paragraph (9), as redesignated by paragraph (1) of this section, to read as follows:
“(9)

Definitions
In this subsection:
(A)

Associate-degree-granting college
The term “associate-degree- granting college” means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 20 U.S.C. 1001) that—
(i)
is a nonprofit institution that offers a 2-year associate-degree program or a 2-year certificate program; or
(ii)
is a proprietary institution that offers a 2-year associate degree program.
(B)

Junior faculty
The term “junior faculty” means a faculty member who was awarded a doctorate less than 10 years before receipt of an award from the grant program described in paragraph (2)(B).
(C)

Junior or community college
The term “junior or community college” has the meaning given the term in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058).
(D)

Epscor university
The term “EPSCoR university” means an institution of higher education located in a State eligible to participate in the program defined in section 502 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p note).
(E)

Historically black college or university
The term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(F)

Minority-serving institution
The term “minority-serving institution” means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institutions, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution as described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(G)

Tribal college or university
The term “Tribal College or University” has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).”.
10715.

Science education and human resources scholarships, fellowships, and research and development projects
(a)

In general
The purpose of this section is to support a diverse workforce for the complex landscape associated with effective and equitable development of advanced nuclear energy technologies, including interdisciplinary research to enable positive impacts and avoid potential negative impacts across the lifespan of nuclear energy technologies.
(b)

Nontechnical nuclear research
Section 313 of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 42 U.S.C. 16274a) is amended—
(1)
in subsection (b)(2), after “engineering”, by inserting “, which may include nontechnical nuclear research.”;
(2)
in subsection (c), by inserting after paragraph (2) the following:
“(3)

Nontechnical nuclear research
The term “nontechnical nuclear research” means research with specializations such as social sciences or law that can support an increase in community engagement, participation, and confidence in nuclear energy systems, including the navigation of the licensing required for advanced reactor deployment, aligned with the objectives in section 951(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16271(a)(2)).”; and
(3)
in subsection (d)(1), by striking “$30,000,000” and inserting “$45,000,000”.
L

Steel Upgrading Partnerships and Emissions Reduction
10721.

Low-emissions steel manufacturing research program
(a)

Program
Subtitle D of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.) is amended by inserting after section 454 the following:
“454A.

Low-emissions steel manufacturing research program
(a)

Purpose
The purpose of this section is to encourage the research and development of innovative technologies aimed at—
(1)
increasing the technological and economic competitiveness of industry and manufacturing in the United States; and
(2)
achieving significant net nonwater greenhouse emissions reductions in the production processes for iron, steel, and steel mill products.
(b)

Definitions
In this section:
(1)

Commercially available steelmaking
The term “commercially available steelmaking” means the current production method of iron, steel, and steel mill products.
(2)

Critical material
The term “critical material” has the meaning given such term in section 7002 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
(3)

Critical mineral
The term “critical mineral” has the meaning given such term in section 7002 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
(4)

Eligible entity
The term “eligible entity” means—
(A)
an institution of higher education;
(B)
an appropriate State or Federal entity, including a federally funded research and development center of the Department;
(C)
a nonprofit research institution;
(D)
a private entity;
(E)
any other relevant entity the Secretary determines appropriate; and
(F)
a partnership or consortium of two or more entities described in subparagraphs (A) through (E).
(5)

Low-emissions steel manufacturing
The term “low-emissions steel manufacturing” means advanced or commercially available steelmaking with the reduction, to the maximum extent practicable, of net nonwater greenhouse gas emissions to the atmosphere from the production of iron, steel, and steel mill products.
(c)

In general
Not later than 180 days after the date of enactment of the America COMPETES Act of 2022, the Secretary shall establish a program of research, development, demonstration, and commercial application of advanced tools, technologies, and methods for low-emissions steel manufacturing.
(d)

Requirements
In carrying out the program under subsection (c), the Secretary shall—
(1)
coordinate this program with the programs and activities authorized in title VI of division Z of the Consolidated Appropriations Act, 2021;
(2)
coordinate across all relevant program offices of the Department, including the Office of Science, Office of Energy Efficiency and Renewable Energy, the Office of Fossil Energy, and the Office of Nuclear Energy;
(3)
leverage, to the extent practicable, the research infrastructure of the Department, including scientific computing user facilities, x-ray light sources, neutron scattering facilities, and nanoscale science research centers; and
(4)
conduct research, development, and demonstration of low-emissions steel manufacturing technologies that have the potential to increase domestic production and employment in advanced and commercially available steelmaking.
(e)

Strategic plan
(1)

In general
Not later than 180 days after the date of enactment of the America COMPETES Act of 2022, the Secretary shall develop a 5-year strategic plan identifying research, development, demonstration, and commercial application goals for the program established in subsection (c). The Secretary shall submit this plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2)

Contents
The strategic plan submitted under paragraph (1) shall—
(A)
identify programs at the Department related to low-emissions steel manufacturing that support the research, development, demonstration, and commercial application activities described in this section, and the demonstration projects under subsection (h);
(B)
establish technological and programmatic goals to achieve the requirements of subsection (d); and
(C)
include timelines for the accomplishment of goals developed under the plan.
(3)

Updates to plan
Not less than once every two years, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an updated version of the plan under paragraph (1).
(f)

Focus areas
In carrying out the program established in subsection (c), the Secretary shall focus on—
(1)
medium- and high-temperature heat generation technologies used for low-emissions steel manufacturing, which may include—
(A)
alternative fuels, including hydrogen and biomass;
(B)
alternative reducing agents, including hydrogen;
(C)
renewable heat generation technology, including solar and geothermal;
(D)
electrification of heating processes, including through electrolysis; and
(E)
other heat generation sources;
(2)
carbon capture technologies for advanced and commercially available steelmaking processes, which may include—
(A)
combustion and chemical looping technologies;
(B)
use of slag to reduce carbon dioxide emissions;
(C)
pre-combustion technologies; and
(D)
post-combustion technologies;
(3)
smart manufacturing technologies and principles, digital manufacturing technologies, and advanced data analytics to develop advanced technologies and practices in information, automation, monitoring, computation, sensing, modeling, and networking to—
(A)
model and simulate manufacturing production lines;
(B)
monitor and communicate production line status; and
(C)
model, simulate, and optimize the energy efficiency of manufacturing processes;
(4)
technologies and practices that minimize energy and natural resource consumption, which may include—
(A)
designing products that enable reuse, refurbishment, remanufacturing, and recycling;
(B)
minimizing waste from advanced and commercially available steelmaking processes, including through the reuse of waste as resources in other industrial processes for mutual benefit;
(C)
increasing resource efficiency; and
(D)
increasing the energy efficiency of advanced and commercially available steelmaking processes;
(5)
alternative materials and technologies that produce fewer emissions during production and result in fewer emissions during use, which may include—
(A)
innovative raw materials;
(B)
high-performance lightweight materials;
(C)
substitutions for critical materials and critical minerals; and
(D)
other technologies that achieve significant carbon emission reductions in low-emissions steel manufacturing, as determined by the Secretary; and
(6)
high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs (1) through (5), including—
(A)
modeling, simulation, and optimization of the design of energy efficient and sustainable products; and
(B)
the use of digital prototyping and additive manufacturing to enhance product design.
(g)

Testing and validation
The Secretary, in consultation with the Director of the National Institute of Standards and Technology, shall support the development of standardized testing and technical validation of advanced and commercially available steelmaking and low-emissions steel manufacturing through collaboration with one or more National Laboratories, and one or more eligible entities.
(h)

Demonstration
(1)

Establishment
Not later than 180 days after the date of enactment of the America COMPETES Act of 2022, the Secretary, in carrying out the program established in subsection (c), and in collaboration with industry partners, institutions of higher education, and the National Laboratories, shall support an initiative for the demonstration of low-emissions steel manufacturing, as identified by the Secretary, that uses either—
(A)
a single technology; or
(B)
a combination of multiple technologies.
(2)

Selection requirements
Under the initiative established under paragraph (1), the Secretary shall select eligible entities to carry out demonstration projects and to the maximum extent practicable—
(A)
encourage regional diversity among eligible entities, including participation by rural States;
(B)
encourage technological diversity among eligible entities; and
(C)
ensure that specific projects selected—
(i)
expand on the existing technology demonstration programs of the Department; and
(ii)
prioritize projects that leverage matching funds from non-Federal sources.
(3)

Reports
The Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—
(A)
not less frequently than once every two years for the duration of the demonstration initiative under this subsection, a report describing the performance of the initiative; and
(B)
if the initiative established under this subsection is terminated, an assessment of the success of, and education provided by, the measures carried out by recipients of financial assistance under the initiative.
(i)

Additional coordination
(1)

Manufacturing U.S.A.
In carrying out this section the Secretary shall consider—
(A)
leveraging the resources of relevant existing Manufacturing USA Institutes described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d));
(B)
integrating program activities into a relevant existing Manufacturing USA Institute; or
(C)
establishing a new institute focused on low-emissions steel manufacturing.
(2)

Other Federal agencies
In carrying out this section, the Secretary shall coordinate with other Federal agencies that are carrying out research and development initiatives to increase industrial competitiveness and achieve significant net nonwater greenhouse emissions reductions through low-emissions steel manufacturing, including the Department of Defense, Department of Transportation, and the National Institute of Standards and Technology.
(j)

Other requirements
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.”.
(b)

Clerical amendment
Section 1(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 note) is amended in the table of contents by inserting after the item relating to section 454 the following:
“Sec. 454A. Low-Emissions Steel Manufacturing Research Program.” .
M

National Academies Science, Technology, and Security Roundtable
10731.

Ad-hoc committee on research security
Section 1746(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) is amended—
(1)
in paragraph (3)(B), by striking “involving federally funded research and development” and inserting “facing the United States research enterprise”;
(2)
by redesignating paragraph (5) as paragraph (6);
(3)
by inserting after paragraph (4) the following new paragraph:
“(5)

Ad-hoc committee
(A)

In general
The roundtable shall convene an ad-hoc committee to study and make recommendations on research security issues consistent with paragraph (3).
(B)

Study and report
Not later than 180 days after the first meeting of the ad-hoc committee convened under subparagraph (A), such committee shall—
(i)
complete a fast-track consensus study on the feasibility of establishing an independent, non-profit entity (referred to in this paragraph as the “entity”) to further protect the United States research enterprise against foreign interference, theft, and espionage; and
(ii)
submit to the relevant committees a report on the results of the study.
(C)

Elements
The report required under subparagraph (B)(ii) shall include analysis and recommendations with respect to each of the following:
(i)
The organizational structure of the entity.
(ii)
The appropriate relationship between the entity and the Federal government, including the interagency working group established under subsection (a).
(iii)
The appropriate level of financial resources needed to establish the entity.
(iv)
A self-sustaining funding model for the entity.
(v)
Whether and how the entity can—
(I)
enable informed, proactive, and unbiased risk assessment for and by the United States research enterprise;
(II)
in coordination with the interagency working group established under subsection (a), the Federal agencies that comprise the working group, and the roundtable under this subsection, promote actionable and timely information sharing among the United States research enterprise about foreign interference, theft, and espionage of research and development;
(III)
provide non-punitive, non-legally binding advice to the United States research enterprise, including frontline researchers, about foreign inference, theft, and espionage including advice with respect to risks associated with international partnerships and foreign talent recruitment programs;
(IV)
secure the trust and active participation of the United States research enterprise;
(V)
regularly conduct open-source intelligence analysis to provide actionable and timely unclassified information to the United States research enterprise about foreign interference, theft, and espionage, including analysis to be tailored specifically for the purpose of assisting frontline researchers in making security-informed decisions; and
(VI)
offer products and services to the United States research enterprise to help inform research security efforts such as analyses of global research and development trends, advice regarding intellectual property production and protection, market analyses, and risk assessment for day-to-day activities such as collaboration, travel, and hiring.
(vi)
Such other information and recommendations as the committee considers necessary to ensure that the entity operates effectively.”; and
(4)
in paragraph (6), as so redesignated, by striking “2024” and inserting “2025”.
N

Additional provisions
10741.

Establishment of blockchain and cryptocurrency specialist position within OSTP
The Director of the Office of Science and Technology Policy shall establish a blockchain and cryptocurrencies advisory specialist position within the Office to advise the President on matters relating to blockchain and cryptocurrencies.
O

Partnerships for Energy Security and Innovation
10751.

Foundation for Energy Security and Innovation
(a)

Definitions
In this section:
(1)

Board
The term “Board” means the Board of Directors described in subsection (b)(2)(A).
(2)

Department
The term “Department” means the Department of Energy.
(3)

Executive director
The term “Executive Director” means the Executive Director described in subsection (b)(5)(A).
(4)

Foundation
The term “Foundation” means the Foundation for Energy Security and Innovation established under subsection (b)(1).
(5)

Historically black college and university
The term “historically Black college and university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(6)

Individual laboratory-associated foundation
The term “Individual Laboratory-Associated Foundation” means a Laboratory Foundation established by an operating contractor of a National Laboratory.
(7)

Minority serving institution
The term “minority serving institution” includes the entities described in any of the paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(8)

National laboratory
The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(9)

Secretary
The term “Secretary” means the Secretary of Energy.
(10)

Tribal college and university
The term “Tribal College and University” has the meaning given in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(b)

Foundation for energy security and innovation
(1)

Establishment
(A)

In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonprofit corporation to be known as the “Foundation for Energy Security and Innovation”.
(B)

Mission
The mission of the Foundation shall be—
(i)
to support the mission of the Department; and
(ii)
to advance collaboration with energy researchers, institutions of higher education, industry, and nonprofit and philanthropic organizations to enable the commercialization of energy technologies.
(C)

Limitation
The Foundation shall not be an agency or instrumentality of the Federal Government.
(D)

Tax-exempt status
The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
(E)

Collaboration with existing organizations
The Secretary may collaborate with 1 or more organizations to establish the Foundation and carry out the activities of the Foundation.
(2)

Board of directors
(A)

Establishment
The Foundation shall be governed by a Board of Directors.
(B)

Composition
(i)

In general
The Board shall be composed of the ex officio nonvoting members described in clause (ii) and the appointed voting members described in clause (iii).
(ii)

Ex officio members
The ex officio members of the Board shall be the following individuals or designees of those individuals:
(I)
The Secretary.
(II)
The Under Secretary for Science and Energy.
(III)
The Under Secretary for Nuclear Security.
(IV)
The Chief Commercialization Officer.
(iii)

Appointed members
(I)

Initial members
The Secretary and the other ex officio members of the Board shall—
- (aa)
seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to develop a list of individuals to serve as members of the Board who are well-qualified and will meet the requirements of subclauses (II) and (III); and
- (bb)
appoint the initial members of the Board from that list, if applicable, in consultation with the National Academies of Sciences, Engineering, and Medicine.
(II)

Representation
The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, National Laboratories, industry, nonprofit organizations, State or local governments, the investment community, and the philanthropic community.
(III)

Experience
The Secretary shall ensure that a majority of the appointed members of the Board—
- (aa)
(AA)
has experience in the energy sector;
(BB)
has research experience in the energy field; or
(CC)
has experience in technology commercialization or foundation operations; and
- (bb)
to the extent practicable, represents diverse regions, sectors, and communities.
(C)

Chair and vice chair
(i)

In general
The Board shall designate from among the members of the Board—
(I)
an individual to serve as Chair of the Board; and
(II)
an individual to serve as Vice Chair of the Board.
(ii)

Terms
The term of service of the Chair and Vice Chair of the Board shall end on the earlier of—
(I)
the date that is 3 years after the date on which the Chair or Vice Chair of the Board, as applicable, is designated for the position; and
(II)
the last day of the term of service of the member, as determined under subparagraph (D)(i), who is designated to be Chair or Vice Chair of the Board, as applicable.
(iii)

Representation
The Chair and Vice Chair of the Board—
(I)
shall not be representatives of the same area of subject matter expertise, or entity, as applicable, under subparagraph (B)(iii)(II); and
(II)
shall not be representatives of any area of subject matter expertise, or entity, as applicable, represented by the immediately preceding Chair and Vice Chair of the Board.
(D)

Terms and vacancies
(i)

Terms
(I)

In general
The term of service of each appointed member of the Board shall be not more than 5 years.
(II)

Initial appointed members
Of the initial members of the Board appointed under subparagraph (B)(iii)(I), half of the members shall serve for 4 years and half of the members shall serve for 5 years, as determined by the Chair of the Board.
(ii)

Vacancies
Any vacancy in the membership of the appointed members of the Board—
(I)
shall be filled in accordance with the bylaws of the Foundation by an individual capable of representing the same area or entity, as applicable, as represented by the vacating board member under subparagraph (B)(iii)(II);
(II)
shall not affect the power of the remaining appointed members to execute the duties of the Board; and
(III)
shall be filled by an individual selected by the Board.
(E)

Meetings; quorum
(i)

Initial meeting
Not later than 60 days after the Board is established, the Secretary shall convene a meeting of the ex officio and appointed members of the Board to incorporate the Foundation.
(ii)

Quorum
A majority of the appointed members of the Board shall constitute a quorum for purposes of conducting the business of the Board.
(F)

Duties
The Board shall—
(i)
establish bylaws for the Foundation in accordance with subparagraph (G);
(ii)
provide overall direction for the activities of the Foundation and establish priority activities;
(iii)
carry out any other necessary activities of the Foundation; and
(iv)
evaluate the performance of the Executive Director.
(G)

Bylaws
(i)

In general
The bylaws established under subparagraph (F)(i) may include—
(I)
policies for the selection of Board members, officers, employees, agents, and contractors of the Foundation;
(II)
policies, including ethical standards, for—
- (aa)
the acceptance, solicitation, and disposition of donations and grants to the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; and
- (bb)
the disposition of assets of the Foundation;
(III)
policies that subject all employees, fellows, trainees, and other agents of the Foundation (including ex officio and appointed members of the Board) to conflict of interest standards; and
(IV)
the specific duties of the Executive Director.
(ii)

Requirements
The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws shall not—
(I)
reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or
(II)
compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program.
(H)

Compensation
(i)

In general
No member of the Board shall receive compensation for serving on the Board.
(ii)

Certain expenses
In accordance with the bylaws of the Foundation, members of the Board may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the duties of the Board.
(I)

Restriction on membership
No employee of the Department shall be appointed as a member of the Board of Directors.
(3)

Purposes
The purposes of the Foundation are—
(A)
to support the Department in carrying out the mission of the Department to ensure the security and prosperity of the United States by addressing civilian energy and environmental challenges through transformative science and technology solutions; and
(B)
to increase private and philanthropic sector investments that support efforts to create, characterize, develop, test, validate, and commercialize innovative technologies that address crosscutting national energy challenges, including those affecting minority, rural, and other underserved communities, by methods that include—
(i)
fostering collaboration and partnerships with researchers from the Federal Government, State governments, institutions of higher education, including historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions, federally funded research and development centers, industry, and nonprofit organizations for the research, development, or commercialization of transformative energy and associated technologies;
(ii)
strengthening and sharing best practices relating to regional economic development through scientific and energy innovation, including in partnership with an Individual Laboratory-Associated Foundation;
(iii)
promoting new product development that supports job creation;
(iv)
administering prize competitions—
(I)
to accelerate private sector competition and investment; and
(II)
that complement the use of prize authority by the Department;
(v)
supporting programs that advance technology maturation, especially where there may be gaps in Federal or private funding in the commercialization of a prototype technology;
(vi)
supporting efforts to broaden participation in energy technology development among individuals from historically underrepresented groups or regions; and
(vii)
facilitating access to Department facilities, equipment, and expertise to assist in tackling national challenges.
(4)

Activities
(A)

Studies, competitions, and projects
The Foundation may conduct and support studies, competitions, projects, and other activities that further the purposes of the Foundation described in paragraph (3).
(B)

Fellowships and grants
(i)

In general
The Foundation may award fellowships and grants for activities relating to research, development, demonstration, or commercialization of energy and other Department-supported technologies.
(ii)

Form of award
A fellowship or grant under clause (i) may consist of a stipend, health insurance benefits, funds for travel, and funds for other appropriate expenses.
(iii)

Selection
In selecting a recipient for a fellowship or grant under clause (i), the Foundation—
(I)
shall make the selection based on the technical and commercialization merits of the proposed project of the potential recipient; and
(II)
may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the purposes of the Foundation described in paragraph (3).
(iv)

National laboratories
A National Laboratory that applies for or accepts an award under clause (i) shall not be considered to be engaging in a competitive process.
(C)

Accessing facilities and expertise
The Foundation may work with the Department—
(i)
to leverage the capabilities and facilities of National Laboratories to commercialize technology; and
(ii)
to assist with resources, including by providing information on the assets of each National Laboratory that may enable the commercialization of technology.
(D)

Training and education
The Foundation may support programs that provide training to researchers, scientists, other relevant personnel at National Laboratories and institutions of higher education, and previous or current recipients of or applicants for Department funding to help research, develop, demonstrate, and commercialize federally funded technology.
(E)

Maturation funding
The Foundation shall support programs that provide maturation funding to researchers to advance the technology of those researchers for the purpose of moving products from a prototype stage to a commercial stage.
(F)

Stakeholder engagement
The Foundation shall convene, and may consult with, representatives from the Department, institutions of higher education, National Laboratories, the private sector, and commercialization organizations to develop programs for the purposes of the Foundation described in paragraph (3) and to advance the activities of the Foundation.
(G)

Individual and federal laboratory-associated foundations
(i)

Definition of covered foundation
In this subparagraph, the term “covered foundation” means each of the following:
(I)
An Individual Laboratory-Associated Foundation.
(II)
A Federal Laboratory-Associated Foundation established pursuant to subsection (c)(1).
(ii)

Support
The Foundation shall provide support to and collaborate with covered foundations.
(iii)

Guidelines and templates
For the purpose of providing support under clause (ii), the Secretary shall establish suggested guidelines and templates for covered foundations, including—
(I)
a standard adaptable organizational design for responsible management;
(II)
standard and legally tenable bylaws and money-handling procedures; and
(III)
a standard training curriculum to orient and expand the operating expertise of personnel employed by covered foundations.
(iv)

Affiliations
Nothing in this subparagraph requires—
(I)
an existing Individual Laboratory-Associated Foundation to modify current practices or affiliate with the Foundation; or
(II)
a covered foundation to be bound by charter or corporate bylaws as permanently affiliated with the Foundation.
(H)

Supplemental programs
The Foundation may carry out supplemental programs—
(i)
to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the purposes of the Foundation described in paragraph (3);
(ii)
to support and encourage the understanding and development of data that promotes the translation of technologies from the research stage, through the development and maturation stage, and ending in the market stage;
(iii)
for writing, editing, printing, publishing, and vending books and other materials relating to research carried out under the Foundation and the Department; and
(iv)
to conduct other activities to carry out and support the purposes of the Foundation described in paragraph (3).
(I)

Evaluations
The Foundation shall support the development of an evaluation methodology, to be used as part of any program supported by the Foundation, that shall—
(i)
consist of qualitative and quantitative metrics; and
(ii)
include periodic third-party evaluation of those programs and other activities of the Foundation.
(J)

Communications
The Foundation shall develop an expertise in communications to promote the work of grant and fellowship recipients under subparagraph (B), the commercialization successes of the Foundation, opportunities for partnership with the Foundation, and other activities.
(K)

Authority of foundation
The Foundation shall be the sole entity responsible for carrying out the activities described in this paragraph.
(5)

Administration
(A)

Executive director
The Board shall hire an Executive Director of the Foundation, who shall serve at the pleasure of the Board. Subject to the compliance with the policies and bylaws established by the Board pursuant to paragraph (2)(G), the Executive Director shall be responsible for the daily operations of the Foundation in carrying out the activities of the Foundation described in paragraph (4).
(B)

Administrative control
No member of the Board, officer or employee of the Foundation or of any program established by the Foundation, or participant in a program established by the Foundation, shall exercise administrative control over any Federal employee.
(C)

Strategic plan
Not later than 1 year after the date of enactment of this Act, the Foundation shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategic plan that contains—
(i)
a plan for the Foundation to become financially self-sustaining in fiscal year 2023 and thereafter (except for the amounts provided each fiscal year under paragraph (12)(A)(iii));
(ii)
a forecast of major crosscutting energy challenge opportunities, including short- and long-term objectives, identified by the Board, with input from communities representing the entities and areas of subject matter expertise, as applicable, described in paragraph (2)(B)(iii)(II);
(iii)
a description of the efforts that the Foundation will take to be transparent in the processes of the Foundation, including processes relating to—
(I)
grant awards, including selection, review, and notification;
(II)
communication of past, current, and future research priorities; and
(III)
solicitation of and response to public input on the opportunities identified under clause (ii);
(iv)
a description of the financial goals and benchmarks of the Foundation for the following 10 years;
(v)
a description of the efforts undertaken by the Foundation to engage historically underrepresented groups or regions, including through collaborations with historically Black colleges and universities, Tribal Colleges and Universities, minority-serving institutions, and minority-owned and women-owned businesses; and
(vi)
a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Department.
(D)

Annual report
Not later than 1 year after the date on which the Foundation is established, and every 2 years thereafter, the Foundation shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Secretary a report that, for the year covered by the report—
(i)
describes the activities of the Foundation and the progress of the Foundation in furthering the purposes of the Foundation described in paragraph (3);
(ii)
provides a specific accounting of the source and use of all funds made available to the Foundation to carry out those activities to ensure transparency in the alignment of Department missions and policies with national security;
(iii)
describes how the results of the activities of the Foundation could be incorporated into the procurement processes of the General Services Administration; and
(iv)
includes a summary of each evaluation conducted using the evaluation methodology described in paragraph (4)(I).
(E)

Evaluation by comptroller general
Not later than 5 years after the date on which the Foundation is established, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives—
(i)
an evaluation of—
(I)
the extent to which the Foundation is achieving the mission of the Foundation; and
(II)
the operation of the Foundation; and
(ii)
any recommendations on how the Foundation may be improved.
(F)

Audits
The Foundation shall—
(i)
provide for annual audits of the financial condition of the Foundation; and
(ii)
make the audits, and all other records, documents, and papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit.
(G)

Separate fund accounts
The Board shall ensure that any funds received under paragraph (12)(A) are held in a separate account from any other funds received by the Foundation.
(H)

Integrity
(i)

In general
To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board.
(ii)

Financial conflicts of interest
To mitigate conflicts of interest and risks from malign foreign influence, any individual who is an officer, employee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would directly or predictably affect any financial interest of—
(I)
the individual;
(II)
a relative (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) of that individual; or
(III)
a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment.
(I)

Intellectual property
The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights developed by the Foundation or derived from the collaborative efforts of the Foundation.
(J)

Liability
(i)

In general
The United States shall not be liable for any debts, defaults, acts, or omissions of—
(I)
the Foundation;
(II)
a Federal entity with respect to an agreement of that Federal entity with the Foundation; or
(III)
an Individual Laboratory-Associated Foundation with respect to an agreement of that Federal entity with the Foundation.
(ii)

Full faith and credit
The full faith and credit of the United States shall not extend to any obligations of the Foundation.
(K)

Nonapplicability of faca
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation or an Individual Laboratory-Associated Foundation.
(6)

Department collaboration
(A)

National laboratories
The Secretary shall collaborate with the Foundation to develop a process to ensure collaboration and coordination between the Department, the Foundation, and National Laboratories—
(i)
to streamline contracting processes between National Laboratories and the Foundation, including by—
(I)
streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;
(II)
standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and
(III)
streamlining the ability of the Foundation to fund endowed positions at National Laboratories;
(ii)
to allow a National Laboratory or site of a National Laboratory—
(I)
to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and
(II)
to perform that work on a basis equal to other missions at the National Laboratory; and
(iii)
to permit the director of any National Laboratory or site of a National Laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the Foundation pursuant to section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(B)

Department liaisons
The Secretary shall appoint liaisons from across the Department to collaborate and coordinate with the Foundation, including not less than 1 liaison from the Office of Technology Transitions, who shall ensure that the Foundation works in conjunction with and does not duplicate existing activities and programs carried out by the Department including the Technology Commercialization Fund.
(C)

Administration
The Secretary shall leverage appropriate arrangements, contracts, and directives to carry out the process developed under subparagraph (A).
(7)

National security
Nothing in this subsection exempts the Foundation from any national security policy of the Department.
(8)

Support services
The Secretary may provide facilities, utilities, and support services to the Foundation if it is determined by the Secretary to be advantageous to the research programs of the Department.
(9)

Anti-deficiency act
Subsection (a)(1) of section 1341 of title 31, United States Code (commonly referred to as the “Anti-Deficiency Act”), shall not apply to any Federal officer or employee carrying out any activity of the Foundation using funds of the Foundation.
(10)

Preemption of authority
This subsection shall not preempt any authority or responsibility of the Secretary under any other provision of law.
(11)

Transfer funds
The Foundation may transfer funds to the Department, which shall be subject to all applicable Federal limitations relating to federally funded research.
(12)

Authorization of appropriations
(A)

In general
There is authorized to be appropriated—
(i)
not less than $1,500,000 for the Secretary for fiscal year 2022 to establish the Foundation;
(ii)
not less than $30,000,000 for the Foundation for fiscal year 2023 to carry out the activities of the Foundation; and
(iii)
not less than $3,000,000 for the Foundation for each of the fiscal years 2024 through 2026, for administrative and operational costs.
(B)

Limitation
None of the funds authorized to be appropriated to the Secretary by subparagraph (A)(i) of this paragraph shall be used for construction.
(C)

Cost share
Funds made available under subparagraph (A)(ii) shall be required to be cost-shared by a partner of the Foundation other than the Department or a National Laboratory.
(c)

National energy technology laboratory-Associated foundation
(1)

Establishment
(A)

In general
Notwithstanding any other provision of law, the National Energy Technology Laboratory may establish, or enter into an agreement with a nonprofit organization to establish, a Federal Laboratory-Associated Foundation (referred to in this subsection as a “Laboratory Foundation”) to support the mission of the National Energy Technology Laboratory.
(B)

Not agency or instrumentality
A Laboratory Foundation shall not be an agency or instrumentality of the Federal Government.
(C)

Governance structure
A Laboratory Foundation established under subparagraph (A) shall have a separate governance structure from, and shall be managed independently of, the National Energy Technology Laboratory.
(2)

Activities
Activities of a Laboratory Foundation may include—
(A)
conducting support studies, competitions, projects, research, and other activities that further the purpose of the Laboratory Foundation;
(B)
carrying out programs to foster collaboration and partnership among researchers from the Federal Government, State governments, institutions of higher education, federally funded research and development centers, and industry and nonprofit organizations relating to the research, development, and commercialization of federally supported technologies;
(C)
carrying out programs to leverage technologies to support new product development that supports regional economic development;
(D)
administering prize competitions—
(i)
to accelerate private sector competition and investment; and
(ii)
that complement the use of prize authority by the Department;
(E)
providing fellowships and grants to research and development personnel at, or affiliated with, federally funded centers, in accordance with paragraph (3); and
(F)
carrying out programs—
(i)
that allow scientists from foreign countries to serve in research capacities in the United States or other countries in association with the National Energy Technology Laboratory;
(ii)
that provide opportunities for employees of the National Energy Technology Laboratory to serve in research capacities in foreign countries;
(iii)
to conduct studies, projects, or research in collaboration with national and international nonprofit and for-profit organizations, which may include the provision of stipends, travel, and other support for personnel;
(iv)
(I)
to hold forums, meetings, conferences, courses, and training workshops that may include undergraduate, graduate, post-graduate, and post-doctoral accredited courses; and
(II)
for the accreditation of those courses by the Laboratory Foundation at the State and national level for college degrees or continuing education credits;
(v)
to support and encourage teachers and students of science at all levels of education;
(vi)
to promote an understanding of science amongst the general public;
(vii)
for writing, editing, printing, publishing, and vending of relevant books and other materials; and
(viii)
for the conduct of other activities to carry out and support the purpose of the Laboratory Foundation.
(3)

Fellowships and grants
(A)

Selection
Recipients of fellowships and grants described in paragraph (2)(E) shall be selected—
(i)
by a Laboratory Foundation and the donors to a Laboratory Foundation;
(ii)
subject to the agreement of the head of the agency the mission of which is supported by a Laboratory Foundation; and
(iii)
in the case of a fellowship, based on the recommendation of the employees of the National Energy Technology Laboratory at which the fellow would serve.
(B)

Expenses
Fellowships and grants described in paragraph (2)(E) may include stipends, travel, health insurance, benefits, and other appropriate expenses.
(4)

Liability
The United States shall not be liable for any debts, defaults, acts, or omissions of a Laboratory Foundation.
(5)

Other laws
This subsection shall not alter or supersede any other provision of law governing the authority, scope, establishment, or use of nonprofit organizations by a Federal agency.
C

Energy and Commerce
I

Communications and Technology
20101.

Appropriations for wireless supply chain innovation
(a)

Direct appropriations
In addition to amounts otherwise available for such purposes, there is appropriated to the Public Wireless Supply Chain Innovation Fund established under section 9202(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), out of amounts in the Treasury not otherwise appropriated, $1,500,000,000 for fiscal year 2022, to remain available through September 30, 2031.
(b)

Use of funds, administration, and oversight
Of the amounts made available under subsection (a)—
(1)
not more than 5 percent of the amounts allocated pursuant to subsection (c) in a given fiscal year may be used by the Assistant Secretary of Commerce for Communications and Information to administer the programs funded from the Public Wireless Supply Chain Innovation Fund; and
(2)
not less than $2,000,000 per fiscal year shall be transferred to the Office of Inspector General of the Department of Commerce for oversight related to activities conducted using amounts provided under this section.
(c)

Allocation authority
(1)

Submission of cost estimates
The President shall submit to Congress detailed account, program, and project allocations of the amount recommended for allocation in a fiscal year from amounts made available under subsection (a)—
(A)
for fiscal years 2022 and 2023, not later than 90 days after the date of enactment of this Act; and
(B)
for each subsequent fiscal year through 2031, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code.
(2)

Alternate allocation
(A)

In general
The Committees on Appropriations of the House of Representatives and the Senate may provide for alternate allocation of amounts recommended for allocation in a given fiscal year from amounts made available under subsection (a), including by account, program, and project.
(B)

Allocation by President
(i)

No alternate allocations
If Congress has not enacted legislation establishing alternate allocations, including by account, program, and project, by the date on which the Act making full-year appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the applicable fiscal year is enacted into law, only then shall amounts recommended for allocation for that fiscal year from amounts made available under subsection (a) be allocated by the President or apportioned or allotted by account, program, and project pursuant to title 31, United States Code.
(ii)

Insufficient alternate allocation
If Congress enacts legislation establishing alternate allocations, including by account, program, and project, for amounts recommended for allocation in a given fiscal year from amounts made available under subsection (a) that are less than the full amount recommended for allocation for that fiscal year, the difference between the amount recommended for allocation and the alternate allocation shall be allocated by the President and apportioned and allotted by account, program, and project pursuant to title 31, United States Code.
(d)

Sequestration
Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after “Postal Service Fund (18–4020–0–3–372).” the following:
“Public Wireless Supply Chain Innovation Fund.”.
(e)

Statutory PAYGO scorecards
The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(f)

Construction projects
Section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance from amounts made available under subsection (a).
(g)

Wireless supply chain innovation and multilateral security construction projects
Section 9202(a)(1)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:
“(iii)

Construction projects
Section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance under this paragraph.”.
20102.

Understanding cybersecurity of mobile networks
(a)

In general
Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary, in consultation with the Department of Homeland Security, shall submit to the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate a report examining the cybersecurity of mobile service networks and the vulnerability of such networks and mobile devices to cyberattacks and surveillance conducted by adversaries.
(b)

Matters to be included
The report required by subsection (a) shall include the following:
(1)
An assessment of the degree to which providers of mobile service have addressed, are addressing, or have not addressed cybersecurity vulnerabilities (including vulnerabilities the exploitation of which could lead to surveillance conducted by adversaries) identified by academic and independent researchers, multistakeholder standards and technical organizations, industry experts, and Federal agencies, including in relevant reports of—
(A)
the National Telecommunications and Information Administration;
(B)
the National Institute of Standards and Technology; and
(C)
the Department of Homeland Security, including—
(i)
the Cybersecurity and Infrastructure Security Agency; and
(ii)
the Science and Technology Directorate.
(2)
A discussion of—
(A)
the degree to which customers (including consumers, companies, and government agencies) consider cybersecurity as a factor when considering the purchase of mobile service and mobile devices; and
(B)
the commercial availability of tools, frameworks, best practices, and other resources for enabling such customers to evaluate cybersecurity risk and price tradeoffs.
(3)
A discussion of the degree to which providers of mobile service have implemented cybersecurity best practices and risk assessment frameworks.
(4)
An estimate and discussion of the prevalence and efficacy of encryption and authentication algorithms and techniques used in each of the following:
(A)
Mobile service.
(B)
Mobile communications equipment or services.
(C)
Commonly used mobile phones and other mobile devices.
(D)
Commonly used mobile operating systems and communications software and applications.
(5)
A discussion of the barriers for providers of mobile service to adopt more efficacious encryption and authentication algorithms and techniques and to prohibit the use of older encryption and authentication algorithms and techniques with established vulnerabilities in mobile service, mobile communications equipment or services, and mobile phones and other mobile devices.
(6)
An estimate and discussion of the prevalence, usage, and availability of technologies that authenticate legitimate mobile service and mobile communications equipment or services to which mobile phones and other mobile devices are connected.
(7)
An estimate and discussion of the prevalence, costs, commercial availability, and usage by adversaries in the United States of cell site simulators (often known as international mobile subscriber identity-catchers) and other mobile service surveillance and interception technologies.
(c)

Consultation
In preparing the report required by subsection (a), the Assistant Secretary shall, to the degree practicable, consult with—
(1)
the Federal Communications Commission;
(2)
the National Institute of Standards and Technology;
(3)
the intelligence community;
(4)
the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security;
(5)
the Science and Technology Directorate of the Department of Homeland Security;
(6)
academic and independent researchers with expertise in privacy, encryption, cybersecurity, and network threats;
(7)
participants in multistakeholder standards and technical organizations (including the 3rd Generation Partnership Project and the Internet Engineering Task Force);
(8)
international stakeholders, in coordination with the Department of State as appropriate;
(9)
providers of mobile service, including small providers (or the representatives of such providers) and rural providers (or the representatives of such providers);
(10)
manufacturers, operators, and providers of mobile communications equipment or services and mobile phones and other mobile devices;
(11)
developers of mobile operating systems and communications software and applications; and
(12)
other experts that the Assistant Secretary considers appropriate.
(d)

Scope of report
The Assistant Secretary shall—
(1)
limit the report required by subsection (a) to mobile service networks;
(2)
exclude consideration of 5G protocols and networks in the report required by subsection (a);
(3)
limit the assessment required by subsection (b)(1) to vulnerabilities that have been shown to be—
(A)
exploited in non-laboratory settings; or
(B)
feasibly and practicably exploitable in real-world conditions; and
(4)
consider in the report required by subsection (a) vulnerabilities that have been effectively mitigated by manufacturers of mobile phones and other mobile devices.
(e)

Form of report
(1)

Classified information
The report required by subsection (a) shall be produced in unclassified form but may contain a classified annex.
(2)

Potentially exploitable unclassified information
The Assistant Secretary shall redact potentially exploitable unclassified information from the report required by subsection (a) but shall provide an unredacted form of the report to the committees described in such subsection.
(f)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2022. Such amount is authorized to remain available through fiscal year 2023.
(g)

Definitions
In this section:
(1)

Adversary
The term adversary includes—
(A)
any unauthorized hacker or other intruder into a mobile service network; and
(B)
any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons.
(2)

Assistant secretary
The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.
(3)

Entity
The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
(4)

Intelligence community
The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5)

Mobile communications equipment or service
The term mobile communications equipment or service means any equipment or service that is essential to the provision of mobile service.
(6)

Mobile service
The term mobile service means, to the extent provided to United States customers, either or both of the following services:
(A)
Commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))).
(B)
Commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)).
(7)

Person
The term person means an individual or entity.
(8)

United states person
The term United States person means—
(A)
an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(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; or
(C)
any person in the United States.
20103.

Information and communication technology strategy
(a)

Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate a report on the information and communication technology supply chain that—
(1)
identifies—
(A)
information and communication technology critical to the economic competitiveness of the United States; and
(B)
the industrial capacity of—
(i)
United States vendors that produce information and communication technology identified under subparagraph (A); and
(ii)
trusted information and communication technology vendors that produce information and communication technology identified under subparagraph (A);
(2)
assesses the economic competitiveness of vendors described under paragraph (1)(B);
(3)
assesses whether, and to what extent, there is a dependence by providers of advanced telecommunications capability in the United States on information and communication technology identified under paragraph (1)(A) that is not trusted;
(4)
identifies—
(A)
what actions by the Federal Government are needed to support, and bolster the economic competitiveness of, trusted information and communication technology vendors; and
(B)
what Federal resources are needed to reduce dependence by providers of advanced telecommunications capability in the United States on companies that—
(i)
produce information and communication technology; and
(ii)
are not trusted; and
(5)
defines lines of effort and assigns responsibilities for a whole-of-Government response to ensuring the competitiveness of the information and communication technology supply chain in the United States.
(b)

Whole-of-Government strategy
(1)

In general
The Secretary shall develop, on the basis of the report required by subsection (a), a whole-of-Government strategy to ensure the economic competitiveness of trusted information and communication technology vendors that includes—
(A)
recommendations on how—
(i)
to strengthen the structure, resources, and authorities of the Federal Government to support the economic competitiveness of trusted information and communication technology vendors, including United States vendors that are trusted information and communication technology vendors; and
(ii)
the Federal Government can address any barriers to a market-based solution for increasing the economic competitiveness of such information and communication technology vendors;
(B)
defined lines of effort and responsibilities for Federal agencies to implement the strategy; and
(C)
a description of—
(i)
any change to a Federal program, Federal law, or structure of the Federal Government necessary to implement any recommendation under subparagraph (A); and
(ii)
any additional Federal resource necessary to implement any recommendation under subparagraph (A).
(2)

Report
Not later than 180 days after the submission of the report required by subsection (a), the Secretary shall submit to the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate a report containing the strategy developed under paragraph (1).
(c)

Consultation required
In carrying out subsections (a) and (b), the Secretary shall consult with—
(1)
a cross-section of trusted information and communication technology vendors; and
(2)
the Secretary of State, the Secretary of Homeland Security, the Attorney General, the Director of National Intelligence, the Chair of the Federal Communications Commission and any other head of an agency the Secretary determines necessary.
(d)

Definitions
In this section:
(1)

Advanced telecommunications capability
The term advanced telecommunications capability has the meaning given that term in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
(2)

Information and communication technology supply chain
The term information and communication technology supply chain means all of the companies that produce information and communication technology.
(3)

Information and communication technology
The term information and communication technology means a technology (including software), component, or material that enables communications by radio or wire.
(4)

Not trusted
The term not trusted means, with respect to a company or information and communication technology, that the company or information and communication technology is determined by the Secretary to pose an unacceptable risk to the national security of the United States, or the security and safety of United States persons, based solely on one or more determination described under paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)).
(5)

Secretary
The term Secretary means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Communications and Information.
(6)

Trusted
The term trusted means, with respect to a company, that the Secretary has not determined that the company is not trusted.
(7)

Trusted information and communication technology vendor
The term trusted information and communication technology vendor means a company—
(A)
that produces information and communication technology; and
(B)
that is trusted.
20104.

Open RAN outreach
(a)

In general
The Assistant Secretary shall conduct outreach and provide technical assistance to small communications network providers—
(1)
to raise awareness regarding the uses, benefits, and challenges of Open RAN networks and other open network architectures; and
(2)
regarding participation in the Wireless Supply Chain Innovation Grant Program established under section 9202(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(b)

Definitions
In this section:
(1)

Assistant Secretary
The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information, acting through the head of the Office of Internet Connectivity and Growth.
(2)

Open network architecture
The term open network architecture means Open RAN networks and other network elements that follow a set of published open standards for multi-vendor network equipment interoperability, including open core and open transport.
(3)

Open RAN network
The term Open RAN network means a wireless network that follows the Open Radio Access Network approach to standardization adopted by the O–RAN Alliance, Telecom Infra Project, or Third Generation Partnership Project (3GPP), or any similar set of published open standards for multi-vendor network equipment interoperability.
20105.

Future networks
(a)

Establishment
Not later than 120 days after the date of the enactment of this Act, the Commission shall establish a task force to be known as the “6G Task Force”.
(b)

Membership
(1)

Appointment
The members of the Task Force shall be appointed by the Chair.
(2)

Composition
To the extent practicable, the membership of the Task Force shall be composed of the following:
(A)
Representatives of companies in the communications industry, except companies that are determined by the Chair to be not trusted.
(B)
Representatives of public interest organizations or academic institutions, except public interest organizations or academic institutions that are determined by the Chair to be not trusted.
(C)
Representatives of the Federal Government, State governments, local governments, or Tribal Governments, with at least one member representing each such type of government.
(c)

Report
(1)

In general
Not later than 1 year after the date on which the Task Force is established under subsection (a), the Task Force shall publish in the Federal Register and on the website of the Commission, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report on sixth-generation wireless technology, including—
(A)
the status of industry-led standards-setting bodies in setting standards for such technology;
(B)
possible uses of such technology identified by industry-led standards-setting bodies that are setting standards for such technology;
(C)
any limitations of such technology (including any supply chain or cybersecurity limitations) identified by industry-led standards-setting bodies that are setting standards for such technology; and
(D)
how to best work with entities across the Federal Government, State governments, local governments, and Tribal Governments to leverage such technology, including with regard to siting, deployment, and adoption.
(2)

Draft report; public comment
The Task Force shall—
(A)
not later than 180 days after the date on which the Task Force is established under subsection (a), publish in the Federal Register and on the website of the Commission a draft of the report required by paragraph (1); and
(B)
accept public comments on such draft and take such comments into consideration in preparing the final version of such report.
(d)

Definitions
In this section:
(1)

Chair
The term Chair means the Chair of the Commission.
(2)

Commission
The term Commission means the Federal Communications Commission.
(3)

Not trusted
(A)

In general
The term not trusted means, with respect to an entity, that—
(i)
the Chair has made a public determination that such entity is owned by, controlled by, or subject to the influence of a foreign adversary; or
(ii)
the Chair otherwise determines that such entity poses a threat to the national security of the United States.
(B)

Criteria for determination
In making a determination under subparagraph (A)(ii), the Chair shall use the criteria described in paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)), as appropriate.
(4)

State
The term State has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(5)

Task Force
The term Task Force means the 6G Task Force established under subsection (a).
20106.

NTIA policy and cybersecurity coordination
(a)

Office of policy development and cybersecurity
Part A of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following:
“106.

Office of Policy Development and Cybersecurity
(a)

Establishment
There shall be within the NTIA an office to be known as the Office of Policy Development and Cybersecurity (in this section referred to as the “Office”).
(b)

Associate Administrator
The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the “Associate Administrator”), who shall report to the Assistant Secretary.
(c)

Duties
(1)

In general
The Associate Administrator shall oversee and conduct national communications and information policy analysis and development for the internet and communications technologies.
(2)

Particular duties
In carrying out paragraph (1), the Office shall—
(A)
develop, analyze, and advocate for market-based policies that promote innovation, competition, consumer access, digital inclusion, workforce development, and economic growth in the communications, media, and technology markets;
(B)
issue studies, as delegated by the Assistant Secretary or required by Congress, on how individuals in the United States access and use the internet, wireline and wireless telephony, mass media, other digital services, and video services;
(C)
coordinate transparent, consensus-based, multistakeholder processes to create guidance or to support the development and implementation of cybersecurity and privacy policies with respect to the internet and other communications networks;
(D)
promote increased collaboration between security researchers and providers of communications services and software system developers;
(E)
perform such duties as the Assistant Secretary considers appropriate relating to the program for preventing future vulnerabilities established under section 8(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(a));
(F)
advocate for policies that promote the security and resilience to cybersecurity incidents of communications networks while fostering innovation, including policies that promote secure communications network supply chains;
(G)
at the direction of the Assistant Secretary, present security of the digital economy and infrastructure and cybersecurity policy efforts before the Commission, Congress, and elsewhere;
(H)
provide advice and assistance to the Assistant Secretary in carrying out the policy responsibilities of the NTIA with respect to cybersecurity policy matters, including the evaluation of the impact of cybersecurity matters pending before the Commission, other Federal agencies, and Congress;
(I)
in addition to the duties described in subparagraph (H), perform such other duties regarding the policy responsibilities of the NTIA with respect to cybersecurity policy matters as the Assistant Secretary considers appropriate;
(J)
develop policies to accelerate innovation and commercialization with respect to advances in technological understanding of communications technologies;
(K)
identify barriers to trust, security, innovation, and commercialization with respect to communications technologies, including access to capital and other resources, and ways to overcome such barriers;
(L)
provide public access to relevant data, research, and technical assistance on innovation and commercialization with respect to communications technologies, consistent with the protection of classified information;
(M)
strengthen collaboration on and coordination of policies relating to innovation and commercialization with respect to communications technologies, including policies focused on the needs of small businesses and rural communities—
(i)
within the Department of Commerce;
(ii)
between the Department of Commerce and State government agencies, as appropriate; and
(iii)
between the Department of Commerce and the Commission or any other Federal agency the Assistant Secretary determines to be necessary; and
(N)
solicit and consider feedback from small and rural communications service providers, as appropriate.”.
(b)

Transitional rules
(1)

Redesignation of associate administrator; continuation of service
(A)

Redesignation
The position of Associate Administrator for Policy Analysis and Development at the NTIA is hereby redesignated as the position of Associate Administrator for Policy Development and Cybersecurity.
(B)

Continuation of service
The individual serving as Associate Administrator for Policy Analysis and Development at the NTIA on the date of the enactment of this Act shall become, as of such date, the Associate Administrator for Policy Development and Cybersecurity.
(2)

NTIA defined
In this subsection, the term NTIA means the National Telecommunications and Information Administration.
20107.

American cybersecurity literacy
(a)

In general
The Secretary of Commerce, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop and conduct a cybersecurity literacy campaign (which shall be available in multiple languages and formats, if practicable) to increase the knowledge and awareness of the American people of best practices to reduce cybersecurity risks.
(b)

Campaign
To reduce cybersecurity risks, the Secretary of Commerce, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall—
(1)
educate the American people on how to prevent and mitigate cyberattacks and cybersecurity risks, including by—
(A)
instructing the American people on how to identify—
(i)
phishing emails and messages; and
(ii)
secure websites;
(B)
instructing the American people about the benefits of changing default passwords on hardware and software technology;
(C)
encouraging the use of cybersecurity tools, including—
(i)
multi-factor authentication;
(ii)
complex passwords;
(iii)
anti-virus software;
(iv)
patching and updating software and applications; and
(v)
virtual private networks;
(D)
identifying the devices that could pose possible cybersecurity risks, including—
(i)
personal computers;
(ii)
smartphones;
(iii)
tablets;
(iv)
Wi-Fi routers;
(v)
smart home appliances;
(vi)
webcams;
(vii)
internet-connected monitors; and
(viii)
any other device that can be connected to the internet, including mobile devices other than smartphones and tablets;
(E)
encouraging Americans to—
(i)
regularly review mobile application permissions;
(ii)
decline privilege requests from mobile applications that are unnecessary;
(iii)
download applications only from trusted vendors or sources; and
(iv)
consider a product’s life cycle and the developer or manufacturer’s commitment to providing security updates during a connected device’s expected period of use; and
(F)
identifying the potential cybersecurity risks of using publicly available Wi-Fi networks and the methods a user may utilize to limit such risks; and
(2)
encourage the American people to use resources to help mitigate the cybersecurity risks identified in this subsection.
20108.

Communications security advisory council
(a)

Establishment
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the Commission shall establish a council, to advise the Commission on issues including the security, reliability, and interoperability of communications networks.
(2)

Existing advisory committees
A Federal advisory committee of the Commission that is operating, on the date of the enactment of this Act, under a charter for the purpose of addressing the issues described in paragraph (1), satisfies the requirements of such paragraph if the membership of such committee complies with subsection (b) or is modified to comply with such subsection not later than 90 days after the date of the enactment of this Act.
(b)

Membership
(1)

Appointment
The members of the council shall be appointed by the Chair.
(2)

Composition
To the extent practicable, the membership of the council shall be composed of the following:
(A)
Representatives of companies in the communications industry, except companies that are determined by the Chair to be not trusted.
(B)
Representatives of public interest organizations or academic institutions, except public interest organizations or academic institutions that are determined by the Chair to be not trusted.
(C)
Representatives of the Federal Government, State governments, local governments, or Tribal Governments, with at least one member representing each such type of government.
(3)

Knowledge and experience
Each member of the council shall have knowledge and experience relevant to the purpose and goals of the council.
(4)

Terms
(A)

In general
Each member of the council shall be appointed for a term of 2 years, except as provided in subparagraph (B).
(B)

Vacancies
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.
(c)

Reports
(1)

In general
Not later than 2 years after the date on which the council is established under subsection (a), and every 2 years thereafter, the council shall submit to the Chair each report adopted by the council during the preceding 2-year period, and any report adopted by any working group of the council during such period, including any such report of the council or a working group containing recommendations on ways to increase the security, reliability, and interoperability of communications networks, and on other relevant issues as appropriate.
(2)

Availability on Commission website
The Commission shall make each report submitted under paragraph (1) publicly available on the website of the Commission.
(d)

Duration
Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the council.
(e)

Definitions
In this section:
(1)

Chair
The term Chair means the Chair of the Commission.
(2)

Commission
The term Commission means the Federal Communications Commission.
(3)

Council
The term council means the council established under subsection (a).
(4)

Not trusted
(A)

In general
The term not trusted means, with respect to an entity, that—
(i)
the Chair has made a public determination that such entity is owned by, controlled by, or subject to the influence of a foreign adversary; or
(ii)
the Chair otherwise determines that such entity poses a threat to the national security of the United States.
(B)

Criteria for determination
In making a determination under subparagraph (A)(ii), the Chair shall use the criteria described in paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)), as appropriate.
(5)

State
The term State has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
20109.

Promoting United States wireless leadership
(a)

In general
In order to enhance the representation of the United States and promote United States leadership in standards-setting bodies that set standards for 5G networks and for future generations of wireless communications networks, the Assistant Secretary shall, in consultation with the National Institute of Standards and Technology—
(1)
equitably encourage participation by companies and a wide variety of relevant stakeholders, but not including any company or relevant stakeholder that the Assistant Secretary has determined to be not trusted, (to the extent such standards-setting bodies allow such stakeholders to participate) in such standards-setting bodies; and
(2)
equitably offer technical expertise to companies and a wide variety of relevant stakeholders, but not including any company or relevant stakeholder that the Assistant Secretary has determined to be not trusted, (to the extent such standards-setting bodies allow such stakeholders to participate) to facilitate such participation.
(b)

Standards-Setting bodies
The standards-setting bodies referred to in subsection (a) include—
(1)
the International Organization for Standardization;
(2)
the voluntary standards-setting bodies that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers; and
(3)
any standards-setting body accredited by the American National Standards Institute or Alliance for Telecommunications Industry Solutions.
(c)

Briefing
Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary shall brief the Committees on Energy and Commerce and Foreign Affairs of the House of Representatives and the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate on a strategy to carry out subsection (a).
(d)

Definitions
In this section:
(1)

3GPP
The term 3GPP means the 3rd Generation Partnership Project.
(2)

5G network
The term 5G network means a fifth-generation mobile network as described by 3GPP Release 15 or higher.
(3)

Assistant Secretary
The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.
(4)

Cloud computing
The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, entitled “The NIST Definition of Cloud Computing”, published in September 2011, or any successor publication.
(5)

Communications network
The term communications network means any of the following:
(A)
A system enabling the transmission, between or among points specified by the user, of information of the user’s choosing.
(B)
Cloud computing resources.
(C)
A network or system used to access cloud computing resources.
(6)

Not trusted
The term not trusted means, with respect to a company or stakeholder, that the company or stakeholder is determined by the Assistant Secretary to pose a threat to the national security of the United States. In making such a determination, the Assistant Secretary shall rely solely on one or more of the following determinations:
(A)
A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1322(a) of title 41, United States Code.
(B)
A specific determination made by the Department of Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg. 22689; relating to securing the information and communications technology and services supply chain).
(C)
Whether a company or stakeholder produces or provides covered telecommunications equipment or services, as defined in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1918).
20110.

Critical Infrastructure Manufacturing Feasibility
(a)

Study
Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall conduct a study to—
(1)
identify any product that is in high demand within each critical infrastructure sector that is being imported due to a manufacturing, material, or supply chain constraint in the United States;
(2)
analyze the costs and benefits of manufacturing the product in the United States, including any effects on—
(A)
jobs, employment rates, and labor conditions in the United States; and
(B)
the cost of the product;
(3)
identify any product described in paragraph (1) that feasibly may be manufactured in the United States; and
(4)
analyze the feasibility of, and any impediments to, manufacturing any product identified in paragraph (3) in—
(A)
a rural area;
(B)
an industrial park; or
(C)
an industrial park in a rural area.
(b)

Report to the Congress
Not later than 18 months after the date of enactment of this Act, the Secretary shall—
(1)
submit to the Congress a report containing the results of the study required by subsection (a) with recommendations for products described in subsection (a)(1) that feasibly may be manufactured in the United States; and
(2)
make the report available to the public on the website of the Department of Commerce.
(c)

Limitation on authority
This section shall not be interpreted to provide the Secretary of Commerce with authority to compel a person or company to provide information described in this section.
(d)

Definition of critical infrastructure sector
In this Act, the term critical infrastructure sector means each of the 16 designated critical infrastructure sectors identified in Presidential Policy Directive 21 of February 12, 2013 (Critical Infrastructure Security and Resilience).
II

Consumer Protection and Commerce
A

Supply Chain Resilience
20201.

Office of manufacturing security and resilience
(a)

Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an Office of Manufacturing Security and Resilience.
(b)

Mission
The mission of the Office shall be the following:
(1)
Help to promote the leadership of the United States with respect to critical industries and supply chains that—
(A)
strengthen the national security of the United States; and
(B)
have a significant effect on the economic security of the United States.
(2)
Encourage a Governmentwide approach through partnerships and collaboration with the private sector, labor organizations, the governments of countries that are allies or key international partners of the United States, States or political subdivisions thereof, and Tribal governments in order to—
(A)
promote the resilience of supply chains; and
(B)
identify, prepare for, and respond to supply chain shocks to—
(i)
critical industries; and
(ii)
supply chains.
(3)
Monitor the resilience, diversity, security, and strength of supply chains and critical industries.
(4)
Support the availability of critical goods from domestic manufacturers, domestic enterprises, and manufacturing operations in the United States and in countries that are allies or key international partners.
(5)
Assist the Federal Government in preparing for and responding to supply chain shocks, including by improving the flexible manufacturing capacities and capabilities in the United States.
(6)
Encourage and incentivize the reduced reliance of domestic entities and domestic manufacturers on critical goods from countries of concern.
(7)
Encourage the relocation of manufacturing facilities that manufacture critical goods from countries of concern to the United States and countries that are allies and key international partners to strengthen the resilience, diversity, security, and strength of supply chains.
(8)
Support the creation of jobs with competitive wages in the United States manufacturing sector.
(9)
Encourage manufacturing growth and opportunities in economically distressed areas and underserved communities.
(10)
Promote the health of the economy of the United States and the competitiveness of manufacturing in the United States.
(11)
Coordinate executive branch actions necessary to carry out the functions described in paragraphs (1) through (10).
(c)

Assistant secretary of the office
(1)

Appointment and term
The head of the Office shall be the Assistant Secretary of Manufacturing Security and Resilience, appointed by the President, by and with the advice and consent of the Senate, for a term of not more than 5 years. The Assistant Secretary of Manufacturing Security and Resilience may function as and be known as the United States Chief Manufacturing Officer.
(2)

Pay
The Assistant Secretary shall be compensated at the rate in effect for level II of the Executive Schedule under section 5313 of title 5, United States Code.
(3)

Administrative authorities
The Assistant Secretary may appoint officers and employees in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code.
20202.

United states strategy to counter threats to supply chains
(a)

In general
In accordance with Executive Order No. 14017 (86 Fed. Reg. 11849 relating to America’s supply chains), the Assistant Secretary shall, not later than 1 year after the date of the enactment of this Act, develop and implement a strategy taking a Governmentwide approach to support the resilience, diversity, security, and strength of supply chains.
(b)

Elements
The strategy required under subsection (a) shall include the following:
(1)
A plan to do the following:
(A)
Execute a unified national effort to reduce reliance on concentrated supply chains and protect against threats from countries of concern relating to supply chains.
(B)
Support sufficient access to critical goods by mitigating supply chain vulnerabilities, including supply chains concentrated in countries of concern.
(C)
Collaborate with other relevant Federal agencies to assist allies or key international partners build capacity for manufacturing critical goods.
(D)
Incentivize (through grants, loans, loan guarantees, and equity investment authorized under section 20204) and identify other means, as appropriate—
(i)
for domestic manufacturers that manufacture critical goods to—
(I)
relocate manufacturing facilities, industrial equipment, or operations related to the production of critical goods from countries of concern to the United States or to other allies or key international partners; and
(II)
to support manufacturing facilities, industrial equipment, or operations to increase the production of critical goods and meet demand for such goods; and
(ii)
for domestic manufacturers that do not manufacture critical goods to make necessary or appropriate modifications to existing manufacturing facilities, industrial equipment, manufacturing technology, or operations in order to manufacture 1 or more critical goods.
(E)
Describe the manner and processes through which the Assistant Secretary will implement the program under section 20204, including through consultation with, or requests for information from, the heads of any relevant Federal agencies, including those with jurisdiction over supply chains, for the purposes of ensuring the program authorized under section 20204—
(i)
supports the resilience, diversity, security and strength of a supply chain; and
(ii)
meets the national security and economic security needs of the United States.
(F)
Strengthen and increase trade through new and revised trade agreements and other forms of engagement between the United States and allies or key international partners in order to mitigate—
(i)
supply chain vulnerabilities; and
(ii)
the effects of supply chain shocks.
(G)
Recover from supply chain shocks.
(H)
Identify, in coordination with other relevant Federal agencies, actions relating to supply chains with which the United States might—
(i)
raise living standards;
(ii)
increase employment opportunities;
(iii)
address the underlying causes of irregular migration; and
(iv)
improve critical industry supply chain response to supply chain shocks.
(I)
Protect against supply chain shocks from countries of concern relating to supply chains.
(J)
Provide recommendations to effectuate the strategy under this section.
(2)
An assessment of the following:
(A)
The extent to which any office or bureau within the Department of Commerce that the Assistant Secretary determines has duties, responsibilities, resources, or expertise that support or duplicate the mission of the Office.
(B)
The purpose of each office and bureau identified under subparagraph (A).
(C)
Whether the Assistant Secretary will coordinate with each such office and bureau in implementing the requirements of this Act.
(D)
If the Assistant Secretary makes a positive determination under subparagraph (C), the effectiveness and efficiency of the Assistant Secretary and each such office and bureau at implementing the requirements of this Act.
(3)
Recommendations, if applicable and consistent with the objectives of this Act, on consolidating functions amongst the Office and each such office and bureau identified under paragraph (2)(A).
(c)

Submission of strategy
(1)

In general
Not later than 450 days after the date of the enactment of this Act, the Assistant Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and publish on the website of the Office, a report containing the strategy developed under this section.
(2)

Update
Not less than once every 4 years after the date on which the strategy is submitted under paragraph (1), the Assistant Secretary shall submit to Congress an update to such strategy.
(3)

Form
The report submitted under paragraph (1), and any update submitted under paragraph (2), shall be submitted in unclassified form and may include a classified annex.
20203.

Critical supply chain monitoring program
(a)

Activities
The Assistant Secretary shall carry out the following activities:
(1)
In consultation with the coordination group established under subsection (c)—
(A)
map, monitor, and model supply chains, including by—
(i)
monitoring the financial and operational conditions of domestic manufacturers and domestic enterprises;
(ii)
performing stress tests for critical industries, supply chains, domestic enterprises, and domestic manufacturers;
(iii)
monitoring the demand and supply of critical goods and services, industrial equipment, and manufacturing technology; and
(iv)
monitoring manufacturing, warehousing, transportation, and distribution; and
(B)
identify high priority supply chain gaps and vulnerabilities in critical industries and supply chains that—
(i)
exist as of the date of the enactment of this section; or
(ii)
are anticipated in the future.
(2)
Identify and evaluate the following:
(A)
Supply chain shocks that may disrupt, strain, compromise, or eliminate a supply chain, including the effect on consumer prices, job losses, national security, or economic competitiveness.
(B)
The manufacturing needs critical to the national security and economic security of the United States.
(C)
The diversity, security, reliability, and strength of—
(i)
supply chains, including single point of failure, single producer, or consolidated manufacturing; and
(ii)
the sources of critical goods, industrial equipment, or manufacturing technology, including those obtained or purchased from a person outside of the United States or imported into the United States.
(D)
The availability, capability, and capacity of domestic manufacturers or manufacturers located in countries that are allies or key international partners to serve as a source of a critical good, industrial equipment, or manufacturing technology.
(E)
The effect on the economic security of the United States, including jobs and wages, that may result from the disruption, strain, compromise, or elimination of a supply chain.
(F)
The effect on the national security of the United States that may result from the disruption, strain, compromise, or elimination of a supply chain.
(G)
The state of the manufacturing workforce, including—
(i)
the needs of domestic manufacturers; and
(ii)
opportunities to create high-quality manufacturing jobs.
(H)
Investments in critical goods, industrial equipment, or manufacturing technology from non-Federal sources.
(3)
In consultation with the coordination group established under subsection (c), States or political subdivisions thereof, and Tribal governments, and, as appropriate, in cooperation with the governments of countries that are allies or key international partners of the United States, the following:
(A)
Identify opportunities to reduce supply chain gaps and vulnerabilities in critical industries and supply chains.
(B)
Encourage partnerships between the Federal Government and industry, labor organizations, States and political subdivisions thereof, and territorial and Tribal governments to better respond to supply chain shocks to critical industries and supply chains and coordinate response efforts.
(C)
Encourage partnerships between the Federal Government and the governments of countries that are allies or key international partners of the United States.
(D)
Develop or identify opportunities to build the capacity of the United States in critical industries and supply chains.
(E)
Develop or identify opportunities to build the capacity of countries that are allies or key international partners of the United States in critical industries and supply chains.
(4)
In coordination with the Secretary of State and the United States Trade Representative work with governments of countries that are allies or key international partners of the United States to promote diversified and resilient supply chains that ensure the supply of critical goods, industrial equipment, and manufacturing technology to the United States and companies of countries that are allies or key international partners of the United States.
(5)
Coordinate with other offices and divisions of the Department of Commerce and other Federal agencies to use authorities, as of the date of the enactment of this section, to encourage the resilience of supply chains of critical industries.
(b)

Continuous monitoring
The Assistant Secretary, in consultation with the head of any relevant Federal agency, including those with jurisdiction over supply chains, shall continuously monitor the resilience, diversity, security, and strength of supply chains.
(c)

Coordination group
(1)

In general
In carrying out the applicable activities under subsection (a), the Assistant Secretary shall establish a unified coordination group led by the Assistant Secretary which shall include private sector partners, labor organizations, and, as appropriate, federally funded research and development centers, to serve as a method for consultation between and among Federal agencies described under subsection (g) to plan for and respond to supply chain shocks and support the resilience, diversity, security, and strength of supply chains.
(2)

Implementation
In consultation with the unified coordination group established under paragraph (1), the Assistant Secretary shall do the following:
(A)
Acquire on a voluntary basis technical, engineering, and operational supply chain information from the private sector in a manner that ensures any supply chain information provided by the private sector is kept confidential and is exempt from disclosure under section 552(b)(3) of title 5, United States Code (commonly known as the “Freedom of Information Act”).
(B)
Study the supply chain information acquired under subparagraph (A) to—
(i)
identify supply chains;
(ii)
assess the resilience of supply chains;
(iii)
identify supply chains vulnerable to disruption, strain, compromise, or elimination; and
(iv)
inform planning.
(C)
Convene with relevant private sector entities to share best practices, planning, and capabilities to respond to potential supply chain shocks.
(D)
Develop contingency plans and coordination mechanisms to ensure an effective and coordinated response to potential supply chain shocks.
(3)

Subgroups
In carrying out the activities described in paragraph (2), the Assistant Secretary may establish subgroups of the unified coordination group established under paragraph (1) led by the head of an appropriate Federal agency.
(4)

International cooperation
The Secretary, in consultation with other relevant Federal agencies, may cooperate with governments of countries that are allies or key international partners of the United States relating to enhancing the security and resilience of supply chains in response to supply chain shocks.
(d)

Designations
The Assistant Secretary shall—
(1)
not later than 270 days after the date of the enactment of this Act, designate—
(A)
critical industries;
(B)
supply chains; and
(C)
critical goods;
(2)
provide for a period of public comment and review in carrying out paragraph (1); and
(3)
update the designations made under paragraph (1) not less frequently than once every four years.
(e)

Quadrennial report on supply chain resilience and domestic manufacturing
(1)

In general
Not later than four years after the date on which the final Sectoral Supply Chain Assessments report on supply chains required under section 4(a) of Executive Order No. 14017 (relating to America’s supply chains) is submitted, and not later than once every four years thereafter, the Assistant Secretary, in coordination with the head of each relevant Federal agency and relevant private sector entities, labor organizations, States and political subdivisions thereof, and territorial and Tribal governments, shall submit to the relevant committees of Congress and post on the website of the Assistant Secretary a report on supply chain resilience and domestic manufacturing (in this subsection referred to as the “report”) to strengthen, improve, and preserve the resilience, diversity, security, and strength of supply chains.
(2)

Contents of report
The report shall include the following:
(A)
An identification of—
(i)
the critical industries, supply chains, and critical goods designated under subsection (d);
(ii)
supplies that are critical to the crisis preparedness of the United States;
(iii)
substitutes for critical goods, industrial equipment, and manufacturing technology;
(iv)
the matters identified and evaluated pursuant to subsection (a)(2); and
(v)
countries that are critical to addressing international and domestic supply chain weaknesses and vulnerabilities.
(B)
A description of—
(i)
the manufacturing base and supply chains in the United States, including the manufacturing base and supply chains for—
(I)
industrial equipment;
(II)
critical goods, including raw materials, semiconductors, and rare earth permanent magnets, that are essential to the production of technologies and supplies for critical industries; and
(III)
manufacturing technology; and
(ii)
the ability of the United States to—
(I)
maintain readiness with respect to preparing for and responding to supply chain shocks; and
(II)
in response to a supply chain shock—
- (aa)
surge production in critical industries;
- (bb)
surge production of critical goods and industrial equipment; and
- (cc)
maintain access to critical goods, industrial equipment, and manufacturing technology.
(C)
An assessment and description of—
(i)
demand and supply of critical goods, industrial equipment, and manufacturing technology;
(ii)
production of critical goods, industrial equipment, and manufacturing technology by domestic manufacturers;
(iii)
the capability and capacity of domestic manufacturers and manufacturers in countries that are allies or key international partners of the United States to manufacture critical goods, industrial equipment, and manufacturing technology; and
(iv)
how supply chain shocks could affect rural, Tribal, and underserved communities.
(D)
An identification of defense, intelligence, homeland, economic, domestic labor supply, natural, geopolitical, or other contingencies and other supply chain shocks that may disrupt, strain, compromise, or eliminate a supply chain.
(E)
An assessment of—
(i)
the resilience and capacity of the manufacturing base, supply chains, and workforce of the United States and allies and key international partners that can sustain critical industries through a supply chain shock;
(ii)
the flexible manufacturing capacity and capabilities available in the United States in the case of a supply chain shock; and
(iii)
the effect innovation has on domestic manufacturing.
(F)
Specific recommendations to improve the security and resilience of manufacturing capacity and supply chains through the following:
(i)
Developing long-term strategies.
(ii)
Increasing visibility into the networks and capabilities of suppliers and domestic manufacturers.
(iii)
Identifying industry best practices.
(iv)
Evaluating how diverse supplier networks, multi-platform and multi-region production capabilities and sources, and integrated global and regional supply chains can—
(I)
enhance the resilience of critical industries and manufacturing capabilities in the United States;
(II)
support and create jobs in the United States; and
(III)
support access of the United States to critical goods during a supply chain shock.
(v)
Identifying and mitigating risks, including—
(I)
the financial and operational risks of a supply chain;
(II)
significant vulnerabilities to supply chain shocks and other emergencies; and
(III)
exposure to gaps and vulnerabilities in—
- (aa)
domestic capacity or capabilities; and
- (bb)
sources of imports needed to sustain critical industries and supply chains.
(vi)
Identifying enterprise resource planning systems that are—
(I)
compatible across supply chain tiers; and
(II)
affordable for small and medium-sized businesses.
(vii)
Understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout supply chains.
(viii)
Understanding Federal procurement opportunities to increase resilience of supply chains and fill gaps in domestic purchasing of critical goods.
(ix)
Identifying policies that maximize job retention and creation in the United States, including workforce development programs.
(x)
Identifying opportunities to work with allies or key international partners of the United States to build more resilient critical industry supply chains and mitigate risks.
(xi)
Identifying areas requiring further investment in research and development or workforce education.
(xii)
Identifying such other services as the Assistant Secretary determines necessary.
(xiii)
Identifying opportunities to reuse and recycle critical goods, including raw materials, to increase resilience of supply chains.
(G)
Guidance to the National Science Foundation and other relevant Federal agencies with respect to critical goods, industrial equipment, and manufacturing technologies that should be prioritized.
(H)
With respect to countries that are allies or key international partners of the United States—
(i)
a review of and, if appropriate, recommendations for expanding the sourcing of critical goods, industrial equipment, and manufacturing technology associated with critical industries from those countries; and
(ii)
a recommendation to coordinate with those countries on—
(I)
sourcing critical goods, industrial equipment, and manufacturing technology; and
(II)
developing, sustaining, and expanding production and availability of supply chains, critical goods, industrial equipment, and manufacturing technology during a supply chain shock.
(I)
Recommendations for strengthening the financial and operational health of small and medium-sized businesses in supply chains of the United States and countries that are allies or key international partners of the United States to mitigate risks and ensure diverse and competitive supplier markets that are less vulnerable to failure.
(J)
An assessment of policies, rules, and regulations that impact the operating costs of domestic manufacturers and inhibit the ability for domestic manufacturers to compete with global competitors.
(K)
Recommendations regarding freight and logistics necessary to support supply chains.
(3)

Prohibition
The report may not include—
(A)
supply chain information that is not aggregated; or
(B)
confidential business information of a private sector entity.
(4)

Collaboration
The head of any Federal agency with jurisdiction over any supply chain shall collaborate with the Assistant Secretary and provide any information, data, or assistance that the Assistant Secretary determines to be necessary for developing the report.
(5)

Form
The report, and any update submitted thereafter, shall be submitted in unclassified form and may include a classified annex.
(6)

Public comment
The Assistant Secretary shall provide for a period of public comment and review in developing the report.
(f)

Report to congress
Concurrent with the annual submission by the Secretary of the budget under section 1105 of title 31, United States Code, the Secretary shall submit to the relevant committees of Congress and post on the website of the Assistant Secretary a report that contains a summary of the activities required under subsection (a) carried out under this section during the fiscal year covered by the report. Such report shall be submitted in unclassified form and may include a classified annex.
(g)

Coordination
(1)

In general
In implementing the requirements under subsection (e), the Assistant Secretary shall, as appropriate coordinate with—
(A)
the heads of appropriate Federal agencies, including—
(i)
the Secretary of State; and
(ii)
the United States Trade Representative; and
(B)
the Attorney General and the Federal Trade Commission with respect to—
(i)
advice on the design and activities of the unified coordination group described in subsection (c)(1); and
(ii)
ensuring compliance with Federal antitrust law.
(2)

Specific coordination
In carrying out the requirements under this section, with respect to supply chains involving specific sectors, the Assistant Secretary shall, as appropriate, coordinate with—
(A)
the Secretary of Defense;
(B)
the Secretary of Homeland Security;
(C)
the Secretary of the Treasury;
(D)
the Secretary of Energy;
(E)
the Secretary of Transportation;
(F)
the Secretary of Agriculture;
(G)
the Director of National Intelligence;
(H)
the Secretary of Health and Human Services;
(I)
the Small Business Administration;
(J)
the Secretary of Labor; and
(K)
the head of any other relevant Federal agency, as appropriate.
(h)

Rule of construction
Nothing in this section shall be construed to require any private entity—
(1)
to share information with the Secretary or Assistant Secretary;
(2)
to request assistance from the Secretary or Assistant Secretary; or
(3)
that requests assistance from the Secretary or Assistant Secretary to implement any measure or recommendation suggested by the Secretary or Assistant Secretary.
(i)

Protections
(1)

In general
Supply chain information that is voluntarily and lawfully submitted by a private entity and accompanied by an express statement described in paragraph (2) of this subsection—
(A)
shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code;
(B)
shall not be made available by any Federal, State, local, or Tribal authority pursuant to any Federal, State, local, or Tribal law requiring public disclosure of information or records; and
(C)
shall not, without the written consent of the person or entity submitting such information, be used directly by the Assistant Secretary, or any other Federal, State, or local authority in any civil enforcement action brought by a Federal, State, or local authority.
(2)

Express statement
The express statement described in this paragraph, with respect to information or records, is—
(A)
in the case of written information or records, a written marking on the information or records substantially similar to the following: “This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of section 20203(i) of the America COMPETES Act of 2022.”; or
(B)
in the case of oral information, a written statement similar to the statement described in subparagraph (A) submitted within a reasonable period following the oral communication.
(3)

Inapplicability to semiconductor incentive program
This subsection shall not apply to the voluntary submission of supply chain information by a private entity in an application for Federal financial assistance under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(j)

No effect on discovery
Subject to subsection (i), nothing in this section, nor any rule, regulation, or amendment shall be construed to create a defense to a discovery request, or otherwise limit or affect the discovery of supply chain information from a private entity arising from a cause of action authorized under any under Federal, State, local, or Tribal law.
(k)

Consistency with international agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(l)

Authorization of appropriations
There is authorized to be appropriated to the Assistant Secretary $500,000,000 for fiscal years 2022 through 2027, to remain available until expended, to carry out this section, of which not more than 2 percent per fiscal year may be used for administrative costs.
20204.

Manufacturing security and resilience program
(a)

In general
The Assistant Secretary shall support the resilience, diversity, security, and strength of supply chains by providing grants, loans, and loan guarantees for eligible activities to eligible entities.
(b)

Application
The Assistant Secretary may not provide a grant, loan, or loan guarantee under this section to an eligible entity unless the eligible entity submits to the Assistant Secretary an application at such time, in such form, and containing such information as the Assistant Secretary may require, including—
(1)
a description of the eligible activity to be carried out with the grant, loan, or loan guarantee;
(2)
a description of the supply chain supported by the eligible activity;
(3)
an estimate of the total costs of the eligible activity; and
(4)
in the case of an application submitted for an eligible activity described in subparagraph (B) or (C) of subsection (c)(2), a description of domestic manufacturing operations for the production of the critical good.
(c)

Eligible activities
(1)

Activities in the united states
The following activities may be carried out with a grant, loan, or loan guarantee under this section:
(A)
The development, diversification, preservation, improvement, support, restoration, or expansion of supply chains and the domestic manufacturing of critical goods, industrial equipment, and manufacturing technology, including activities that support any of the following:
(i)
The manufacturing of a critical good or industrial equipment in the United States.
(ii)
The commercialization, adoption, deployment, or use of manufacturing technology by domestic manufacturers in the United States.
(iii)
The design, engineering, construction, expansion, improvement, repair, or maintenance of critical infrastructure or a manufacturing facility in the United States.
(iv)
The purchase, lease, acquisition, enhancement, or retooling of industrial equipment for use in the United States.
(v)
The purchase, lease, or other acquisition of critical goods, industrial equipment, or manufacturing technology from reliable sources.
(vi)
The relocation of manufacturing facilities or operations related to the production of a critical good out of a country of concern and into the United States.
(vii)
The modification of manufacturing facilities, industrial equipment, or operations related to the manufacture of critical goods to—
(I)
create new capabilities for an eligible entity to manufacture critical goods in the United States;
(II)
expand existing operations to increase the manufacture of critical goods in the United States; or
(III)
accommodate any manufacturing operations related to critical goods that are being relocated to the United States.
(viii)
The development of tools or processes that relate to procuring, transporting, or storing critical goods.
(B)
The manufacture or acquisition of a substitute for a critical good, industrial equipment, or manufacturing technology.
(C)
The establishment, improvement, development, expansion, or preservation of surge capacity or stockpiling of a critical good or industrial equipment, as appropriate and necessary.
(D)
The establishment, improvement, or preservation of diverse, secure, reliable, and strong sources and locations of a critical good in the United States.
(2)

Activities relating to allies and key international partners
The following activities may be carried out with a loan or loan guarantee under this section:
(A)
The design, engineering, construction, expansion, improvement, repair, or maintenance of critical infrastructure or a manufacturing facility in an ally or key international partner.
(B)
The relocation of manufacturing facilities or operations related to the production of a critical good out of a country of concern and into an ally or key international partner, with a priority for countries—
(i)
in the covered Western Hemisphere countries;
(ii)
that are member states of the North Atlantic Treaty Organization (NATO);
(iii)
that are designated as a major non-NATO ally pursuant to section 517(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k(a)); and
(iv)
identified under section 20203(e)(2)(A)(v).
(C)
The modification of manufacturing facilities, industrial equipment, or operations related to the manufacture of critical goods to—
(i)
create new capabilities for an eligible entity to manufacture critical goods in an ally or key international partner;
(ii)
expand existing operations to increase the manufacture of critical goods in an ally or key international partner; or
(iii)
accommodate any manufacturing operations related to critical goods that are being relocated to an ally or key international partner.
(d)

Eligible entities
The following entities are eligible to receive grants, loans, and loan guarantees under this section:
(1)
A domestic manufacturer.
(2)
A domestic enterprise.
(3)
A State or a county, city, or other political subdivision of a State.
(4)
A Tribal government.
(5)
A manufacturing extension center established as part of the Hollings Manufacturing Extension Partnership.
(6)
A Manufacturing USA institute as described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)).
(7)
An institution of higher education acting as part of a consortium, partnership, or joint venture with another eligible entity described in paragraphs (1) through (6).
(8)
A public or private nonprofit organization or association acting as part of a consortium, partnership, or joint venture with another eligible entity described in paragraphs (1) through (6).
(9)
A consortium, partnership, or joint venture of two or more eligible entities described under paragraphs (1) through (8).
(e)

Requirements
The Assistant Secretary may only provide a grant, loan, or loan guarantee to an eligible entity if the Assistant Secretary makes a determination of the following:
(1)
The grant, loan, or loan guarantee is for an eligible activity.
(2)
Without the grant, loan, or loan guarantee, the eligible entity would not be able to fund or finance the eligible activity under reasonable terms and conditions.
(3)
The grant, loan, or loan guarantee is a cost effective, expedient, and practical form of financial assistance for the eligible activity.
(4)
There is a reasonable assurance that—
(A)
the eligible entity will implement the eligible activity in accordance with the application submitted under subsection (b); and
(B)
the eligible activity will support—
(i)
the resilience, diversity, security, or strength of a supply chain; and
(ii)
the national security or economic security of the United States.
(5)
The eligible entity agrees to provide the information required under subsection (m)(3).
(6)
For an eligible activity described in subparagraph (B) or (C) of subsection (c)(2), relocation of a manufacturing facility or operations into the United States is uneconomical.
(7)
The eligible activity does not support the production of a critical good subject to an anti-dumping or countervailing duty order imposed by the United States.
(f)

Criteria
The Assistant Secretary shall establish criteria for the awarding of grants, loans, and loan guarantees that meet the requirements of subsection (e), including the following:
(1)
The extent to which the eligible activity supports the resilience, diversity, security, and strength of a supply chain.
(2)
The extent to which the eligible activity is funded or financed by non-Federal sources.
(3)
The extent to which the grant, loan, or loan guarantee will assist small and medium-sized domestic manufacturers.
(4)
The amount of appropriations that are required to fund or finance the grant, loan, or loan guarantee.
(g)

Relocation consideration
In making a determination to provide a loan or loan guarantee to an eligible entity for an eligible activity described in subparagraph (B) or (C) of subsection (c)(2), the Assistant Secretary—
(1)
shall—
(A)
consult with the Secretary of State and the heads of other relevant Federal agencies, as appropriate; and
(B)
to the extent practicable, ensure no single ally or key international partner benefits from an outsized amount of Federal funding provided under this section; and
(2)
may take into considerations labor and environmental standards of the ally or key international partner when considering the siting locations for the eligible activity.
(h)

Relocation limitations
As a condition of receiving a loan or loan guarantee for an eligible activity described under subparagraph (B) or (C) of subsection (c)(2), the Assistant Secretary shall prohibit an eligible entity from making capital or labor investments in the manufacturing facility or operation in the country of concern for the duration of the grant, loan, or loan guarantee.
(i)

Grant cost share
(1)

In general
The amount of a grant under this section may not exceed 80 percent of the reasonably anticipated costs of the eligible activity for which the grant is made.
(2)

Waiver
Upon providing written justification for a determination made pursuant to this paragraph, which may be submitted with a classified annex to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, the Assistant Secretary may waive the cost share requirement of paragraph (1)—
(A)
during a period of national emergency declared by an Act of Congress or the President; and
(B)
upon making a determination that a grant is necessary to avert the disruption, strain, compromise, or elimination of a supply chain that would severely affect the national security or economic security of the United States.
(3)

Use of other federal assistance
Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of the eligible activity.
(j)

Loans and loan guarantees
(1)

In general
The Assistant Secretary may enter into an agreement with an eligible entity to make a loan, the proceeds of which shall be used to finance an eligible activity.
(2)

Maximum amount
The amount of a loan under this section may not exceed 80 percent of the reasonably anticipated costs of the eligible activity for which the loan is made.
(3)

Waiver
Upon providing written justification for a determination made pursuant to this paragraph, which may be submitted with a classified annex to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, the Assistant Secretary may waive the requirement of paragraph (2)—
(A)
during a period of national emergency declared by an Act of Congress or the President; or
(B)
upon making a determination that a loan is necessary to avert the disruption, strain, compromise, or elimination of a supply chain that would severely affect the national security or economic security of the United States.
(4)

Loan guarantees
(A)

In general
The Assistant Secretary may provide a loan guarantee to a lender in lieu of making a loan under this section.
(B)

Terms
The terms of a loan guarantee provided under this section shall be consistent with the terms established in this subsection for a loan.
(k)

Manufacturing investment companies
(1)

In general
The Assistant Secretary may provide a loan or loan guarantee to a manufacturing investment company.
(2)

Equity capital
A manufacturing investment company shall use the proceeds of a loan or loan guarantee provided under this subsection to provide a source of equity capital for eligible entities to carry out eligible activities.
(3)

Application
The Assistant Secretary may not provide a loan or loan guarantee to a manufacturing investment company unless the manufacturing investment company submits to the Assistant Secretary an application at such time, in such form, and containing such information as the Assistant Secretary may require, which shall include the following:
(A)
A plan describing how the manufacturing investment company intends to provide equity capital to eligible entities to support the resilience, diversity, security, and strength of supply chains.
(B)
Information regarding the relevant qualifications and general reputation of the management of the manufacturing investment company.
(C)
A description of how the manufacturing investment company intends to address the unmet capital needs of eligible entities.
(D)
A description of whether and to what extent the manufacturing investment company meets the criteria established under paragraph (4).
(E)
For a manufacturing investment company seeking to provide equity capital for an eligible activity described in subparagraph (B) or (C) of subsection (c)(2), a description of domestic manufacturing operations for the production of the critical good.
(4)

Criteria
The Secretary shall establish criteria for the awarding of a loan or loan guarantee under this subsection to a manufacturing investment company, including the following:
(A)
The extent to which the equity capital to be provided under paragraph (2) will support the resilience, diversity, security, and strength of supply chains.
(B)
The extent to which the plan submitted under paragraph (3)(A) will be funded or financed by non-Federal sources.
(C)
The extent to which the manufacturing investment company will assist small and medium-sized domestic manufacturers.
(D)
The amount of appropriations that are required to fund or finance the loan or loan guarantee.
(5)

Requirements
As a condition for providing a loan or loan guarantee under this subsection, the Assistant Secretary shall require a manufacturing investment company to certify the following:
(A)
The equity capital is for an eligible activity.
(B)
Without the equity capital, the eligible entity would not be able to fund or finance the eligible activity under reasonable terms and conditions.
(C)
The equity capital is a cost effective, expedient, and practical form of financial assistance for the eligible activity.
(D)
There is a reasonable assurance that—
(i)
the eligible entity will implement the eligible activity; and
(ii)
the eligible activity will support—
(I)
the resilience, diversity, security, or strength of a supply chain; and
(II)
the national security or economic security of the United States.
(E)
The manufacturing investment company will provide the information required under paragraph (6)(C).
(F)
In the case of an eligible activity described in subsection (c)(2) (B) or (C), relocation of a manufacturing facility or operations into the United States is uneconomical.
(G)
The eligible activity does not support the production of a critical good subject to an anti-dumping or countervailing duty order imposed by the United States.
(6)

Performance measures
For loans and loan guarantees provided under this subsection, the Assistant Secretary shall—
(A)
develop metrics to assess the extent to which manufacturing investment companies meet the criteria established under paragraph (4);
(B)
assess the extent to which each manufacturing investment company awarded a loan or loan guarantee is meeting the criteria established under paragraph (4); and
(C)
require the manufacturing investment company to provide to the Assistant Secretary any information relating to the loan or loan guarantee that the Assistant Secretary determines to be necessary to conduct the assessment under subparagraph (B).
(7)

Equity caps
The Assistant Secretary may, as a condition of providing a loan or loan guarantee under this subsection, establish limits on—
(A)
the maximum amount of equity or quasi-equity securities, shares, or financial interests a manufacturing investment company may purchase, make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire from an eligible entity; and
(B)
the maximum amount of assets a manufacturing investment company may hold to be eligible for a loan or loan guarantee under this subsection.
(8)

Conditions
The Assistant Secretary may prescribe either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with equity capital made under this subsection.
(9)

Relocation consideration
In making a determination to provide a loan or loan guarantee to a manufacturing investment company for an eligible activity described under subparagraph (B) or (C) of subsection (c)(2), the Assistant Secretary may take into consideration labor and environmental standards of the ally or key international partner when considering the siting locations for the eligible activity.
(10)

Relocation limitations
As a condition of receiving a loan or loan guarantee from a manufacturing investment company for an eligible activity described under subparagraph (B) or (C) of subsection (c)(2), the manufacturing investment company shall prohibit an eligible entity from making capital or labor investments in the manufacturing facility or operation in the country of concern for the duration of the equity capital.
(l)

Creditworthiness
(1)

In general
For a loan or loan guarantee provided under this section, the manufacturing investment company or eligible entity and eligible activity receiving such loan or loan guarantee shall be creditworthy, which shall be determined by the Assistant Secretary.
(2)

Considerations
In determining the creditworthiness of a manufacturing investment company or an eligible entity and eligible activity under paragraph (1), the Assistant Secretary shall take into consideration relevant factors, including the following:
(A)
The terms, conditions, financial structure, and security features of the loan or loan guarantee.
(B)
The revenue sources that will secure or fund any note, bond, debenture, or other debt obligation issued in connection with the loan or loan guarantee.
(C)
The financial assumptions upon which the loan or loan guarantee is based.
(D)
The ability of—
(i)
the manufacturing investment company to provide a source of equity capital for eligible entities; or
(ii)
the eligible entity to successfully achieve the goal of the eligible activity.
(E)
The financial soundness and credit history of the manufacturing investment company or eligible entity.
(m)

Conditions
The Assistant Secretary may prescribe—
(1)
either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with a loan or loan guarantee made under this section; and
(2)
regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be used in connection with such loans and loan guarantees.
(n)

Selection of recipients
(1)

Ability to meet criteria
To the extent practicable, in awarding grants, loans, and loan guarantees under this section, the Assistant Secretary shall—
(A)
select—
(i)
manufacturing investment companies that best meet the criteria established under subsection (k)(4); and
(ii)
eligible entities and eligible activities that best meet the criteria established under subsection (f); and
(B)
serve the greatest needs for a diverse array of critical industries.
(2)

Priority
In awarding grants, loans, and loan guarantees under this section, the Assistant Secretary shall prioritize—
(A)
eligible activities that—
(i)
are within the United States and employ citizens of the United States; and
(ii)
will result in the production of critical goods that relate to the strategic needs of the Federal Government in preparing for and responding to supply chain shocks;
(B)
eligible entities that agree to coordinate with the Assistant Secretary to assist the United States in preparing for and responding to supply chain shocks, including through the manufacture of critical goods, as necessary; and
(C)
small and medium sized manufacturers.
(o)

Performance measures
For grants, loans, and loan guarantees provided under this section to eligible entities, the Assistant Secretary shall—
(1)
develop metrics to assess the extent to which the criteria established under subsection (f) are met;
(2)
assess the extent to which the criteria established under subsection (f) are met; and
(3)
require the eligible entity to provide to the Assistant Secretary any information that the Assistant Secretary determines to be necessary to conduct the assessment under paragraph (2).
(p)

Construction projects
The requirements of section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance from the Assistant Secretary under this section in the same manner as such requirements apply to a project assisted by the Secretary under such Act.
(q)

Workforce protections
Any eligible entity and manufacturing investment company applying for a grant, loan, or loan guarantee under this section, in any case in which the eligible entity has 100 or more employees, shall make a good-faith certification to the Assistant Secretary that—
(1)
the eligible entity will not abrogate existing collective bargaining agreements, as applicable, for—
(A)
the term of the grant; or
(B)
the term of the loan or loan guarantee and 2 years after completing repayment of the loan; and
(2)
the eligible entity will remain neutral in any union organizing effort for the term of the grant, loan, or loan guarantee.
(r)

Consistency with international agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(s)

Limitation
To the extent practicable, none of the funds made available to carry out this section may be used to support manufacturing in a country of concern.
(t)

Regulations
The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out this section.
(u)

Supply chains for critical manufacturing industries fund
(1)

Establishment
There is established in the Treasury of the United States a fund to be known as the “Supply Chains for Critical Manufacturing Industries Fund” (in this section referred to as the “Fund”), which shall solely be used by the Assistant Secretary to carry out this section.
(2)

Revolving loan fund
The proceeds of any conditions prescribed under subsection (k)(1) shall be deposited into the Fund.
(v)

Rule of construction
Nothing in this section may be construed to permit the proceeds of a grant, loan, loan guarantee, or equity investment to support activities that offshore manufacturing capacity from the United States.
(w)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated to the Fund $45,000,000,000 for fiscal years 2022 through 2027. Such amount is authorized to remain available until expended.
(2)

Purposes
Of the amount authorized to be appropriated under paragraph (1), not more than—
(A)
$31,000,000,000 is authorized to be appropriated for loans and loan guarantees to eligible entities;
(B)
$10,000,000,000 is authorized to be appropriated for grants to eligible entities; and
(C)
$4,000,000,000 is authorized to be appropriated for loans and loan guarantees to manufacturing investment companies.
(3)

Administrative costs
Of the amounts authorized to be appropriated under paragraph (2), up to 2 percent per fiscal year is authorized to be appropriated for administrative costs associated with carrying out this section.
20205.

Supply chain innovation and best practices
(a)

In general
The Assistant Secretary, in consultation with the Director of the National Institute of Standards and Technology, shall, on an ongoing basis, facilitate and support the development of a voluntary set of standards, guidelines, best practices, management strategies, methodologies, procedures, and processes for domestic manufacturers and entities manufacturing, purchasing, or using a critical good to—
(1)
measure the resilience, diversity, security, and strength of supply chains;
(2)
evaluate the value of the resilience, diversity, security, and strength of supply chains; and
(3)
design organizational processes and incentives to reduce the risks of disruption, strain, compromise, or elimination of a supply chain.
(b)

Requirements
In carrying out subsection (a), the Assistant Secretary shall do the following:
(1)
Coordinate closely and regularly with relevant private sector personnel and entities, manufacturing extension centers established as part of the Hollings Manufacturing Extension Partnership, Manufacturing USA institutes as described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)), and other relevant stakeholders and incorporate industry expertise.
(2)
Consult with the head of any relevant Federal agency, including those with jurisdiction over supply chains, States, local governments, Tribal governments, the governments of other nations, and international organizations, as necessary.
(3)
Collaborate with private sector stakeholders to identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach that may be voluntarily adopted by domestic manufacturers and entities purchasing or using a critical good to help them—
(A)
identify, assess, and manage risks to supply chains; and
(B)
value the resilience, diversity, security, and strength of their supply chain.
(4)
Facilitate the design of—
(A)
voluntary processes for selecting suppliers that support the resilience, diversity, security, and strength of supply chains; and
(B)
methodologies to identify and mitigate the effects of a disruption, strain, compromise, or elimination of a supply chain.
(5)
Disseminate research and information to assist domestic manufacturers redesign products, expand manufacturing capacity, and improve capabilities to meet domestic needs for critical goods and supply chains.
(6)
Incorporate relevant voluntary standards and industry best practices.
(7)
Consider small business concerns.
(8)
Any other elements the Assistant Secretary determines to be necessary.
(9)
Leverage existing mechanisms for the Federal Government to provide supply chain solutions, including manufacturing technology, in collaboration with the Manufacturing USA institutes and Manufacturing Extension Partnerships described in paragraph (1). The Manufacturing USA institutes and Manufacturing Extension Partnerships may provide products, tools, and workforce development solutions related to critical supply chain resiliency for United States manufacturers, with allocated resources specific to small and medium sized manufacturers.
(c)

Authorization of appropriations
There is authorized to be appropriated to the Office $500,000,000 for fiscal years 2022 through 2027, to remain available until expended, for the Assistant Secretary to carry out this section, of which not more than 2 percent per fiscal year may be used for administrative costs.
20206.

Program evaluation by the inspector general of the department of commerce
(a)

Program evaluation
Not later than 4 years after the date of the enactment of this Act, and every 4 years thereafter, the Inspector General of the Department of Commerce shall conduct an audit of the Office to—
(1)
evaluate the performance of the activities supported by a grant, loan, or loan guarantee under section 20204;
(2)
evaluate the extent to which the requirements and criteria under this subtitle are met; and
(3)
provide recommendations on any proposed changes to improve the effectiveness of the Office on meeting the mission described under section 20201(b).
(b)

Authorization of appropriations
There is authorized to be appropriated to the Inspector General of the Department of Commerce $5,000,000 for fiscal years 2022 through 2027, to remain available until expended, to carry out subsection (a).
20207.

Supply chain database and toolkit
(a)

Establishment
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall establish a database and online toolkit under which—
(A)
United States businesses may voluntarily submit to the Secretary information on—
(i)
the products produced by such businesses in the United States, which may be finished goods or inputs for other goods;
(ii)
the inputs required for such products, which may include, with respect to such an input—
(I)
the specific geographic location of the production of the input, including if the input is sourced from the United States or a foreign country;
(II)
the business name of a supplier of the input;
(III)
information related to perceived or realized challenges in securing the input;
(IV)
information related to the suspected vulnerabilities or implications of a disruption in securing the input, whether related to national security or the effect on the United States business; or
(V)
in the case of an input sourced from a foreign country, information on—
- (aa)
why the input is sourced from a foreign country rather than in the United States; and
- (bb)
if the United States business would be interested in identifying an alternative produced in the United States;
(B)
United States businesses may request and receive contact information or general information about a United States source or a foreign source for an input;
(C)
United States businesses are able to specify—
(i)
what information can be shared with other United States businesses;
(ii)
what information should be shared only with the Department of Commerce; and
(iii)
what information could be submitted to Congress or made available to the public; and
(D)
the Secretary makes information provided under this paragraph available, subject to subparagraph (C), to enable other United States businesses to identify inputs for their products produced in the United States.
(2)

Format; public availability
The Secretary shall—
(A)
provide the database and online toolkit established under paragraph (1) on a publicly available website of the Department of Commerce; and
(B)
ensure that the database and online toolkit are—
(i)
searchable and filterable according to the type of information; and
(ii)
presented in a user-friendly format.
(3)

Exemption from public disclosure
Information submitted to the Secretary in relation to the database and online toolkit established under paragraph (1)—
(A)
shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and
(B)
shall not be made available by any Federal, State, political subdivision, or Tribal authority pursuant to any Federal, State, political subdivision, or Tribal law requiring public disclosure of information or records.
(4)

Reporting
(A)

Report to congress
Not later than 180 days after the date of the enactment of this Act, and every days thereafter, the Secretary shall submit to Congress a report that includes—
(i)
an assessment of the effectiveness of the database and online toolkit established under paragraph (1), including statistics regarding the number of new entries, total businesses involved, and any change in participation rate during the preceding 180-day period;
(ii)
recommendations for additional actions to improve the database and online toolkit and participation in the database and online toolkit; and
(iii)
such other information as the Secretary considers appropriate.
(B)

Public report
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall post on a publicly available website of the Department of Commerce a report that sets forth—
(i)
general statistics related to foreign and domestic sourcing of inputs used by United States businesses;
(ii)
an estimate of the percentage of total inputs used by United States businesses obtained from foreign countries;
(iii)
data on such inputs disaggregated by industry, geographical location, and size of operation; and
(iv)
a description of the methodology used to calculate the statistics and estimates required by this paragraph.
(b)

Public outreach campaign
(1)

In general
The Secretary shall carry out a national public outreach campaign—
(A)
to educate United States businesses about the existence of the database and online toolkit established under subsection (a); and
(B)
to facilitate and encourage the participation of such businesses in the database and online toolkit.
(2)

Outreach requirement
In carrying out the campaign under paragraph (1), the Secretary shall—
(A)
establish an advertising and outreach program directed to businesses, industries, State and local agencies, chambers of commerce, and labor organizations—
(i)
to facilitate understanding of the value of an aggregated demand mapping system; and
(ii)
to advertise that the database and online toolkit established under subsection (a) are available for that purpose;
(B)
notify appropriate State agencies not later than 10 days after the date of the enactment of this Act regarding the development of the database and online toolkit; and
(C)
post a notice on a publicly available website of the Department of Commerce and establish a social media awareness campaign to advertise the database and online toolkit.
(3)

Coordination
In carrying out the campaign under paragraph (1), the Secretary may coordinate with other Federal agencies and State or local agencies as appropriate.
(4)

Separate accounting
(A)

Budgetary line item
The Secretary shall include in the budget justification materials submitted to Congress in support of the Department of Commerce budget for fiscal years 2023 and 2024 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) specific identification, as a budgetary line item, of the amounts required to carry out the campaign under paragraph (1).
(B)

Prohibition on commingling
Amounts appropriated to carry out this subsection may not be commingled with any other amounts appropriated to the Department of Commerce.
(c)

Use of department of commerce resources
(1)

In general
The Secretary—
(A)
shall, to the maximum extent practicable, construct the database and online toolkit required by subsection (a), and related analytical features, using expertise within the Department of Commerce; and
(B)
may, as appropriate, adopt new technologies and hire additional employees to carry out this section.
(2)

Minimization of contracting
If the activities described in subparagraphs (A) and (B) of paragraph (1) cannot be completed without the employment of contractors, the Secretary should seek to minimize the number of contractors and the scope of the contract.
(d)

Termination
This section shall terminate on September 30, 2025.
20208.

Agriculture and food system supply chain monitoring and assessment
(a)

Activities
Not later than 270 days after the date of the enactment of this Act, the Assistant Secretary, in consultation with the Secretary of Agriculture, shall identify and evaluate the stability and reliability of the agriculture and food system supply chain, including—
(1)
the state of the agriculture and food system workforce and any supply chain vulnerabilities related to the agriculture and food system workforce;
(2)
transportation bottlenecks in the distribution of agricultural inputs, processed and unprocessed food and food input products, and consumer-ready food products; and
(3)
opportunities to create training and education programs focused on high-quality jobs in the agriculture and food system that—
(A)
increase the stability of the agriculture and food system; and
(B)
alleviate supply chain bottlenecks in the distribution of agricultural inputs, processed and unprocessed food and food input products, and consumer-ready food products.
(b)

Report to Congress
In carrying out subsection (a), the Assistant Secretary shall submit to the Committee on Energy and Commerce and the Committee on Agriculture of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the following:
(1)
An identification of the strengths, weaknesses, critical bottlenecks, workforce challenges and opportunities, and overall stability and reliability of the agriculture and food system supply chain.
(2)
An assessment of Federal, State, and local laws and regulations that—
(A)
increase the stability and reliability of the agriculture and food system supply chain; or
(B)
decrease or otherwise negatively impact, both in the present moment and in the future, the stability and reliability of the agriculture and food system supply chain.
(3)
Specific recommendations to improve the security, safety, and resilience of the agriculture and food system supply chain. The recommendations shall contain—
(A)
long-term strategies;
(B)
industry best practices;
(C)
risk mitigation actions to prevent future bottlenecks and vulnerabilities at all levels of the agriculture and food system supply chain; and
(D)
legislative and regulatory actions that would positively impact the security and resilience of the agriculture and food system supply chain.
20209.

Definitions
In this subtitle:
(1)

Ally or key international partner
The term ally or key international partner does not include—
(A)
a country that poses a significant national security or economic security risk to the United States; or
(B)
a country of concern.
(2)

Assistant Secretary
The term Assistant Secretary means the Assistant Secretary of Manufacturing Security and Resilience appointed pursuant to section 20201(c).
(3)

Country of concern
The term country of concern means a country in which a concentrated supply chain is located and—
(A)
that poses a significant national security or economic security threat to the United States;
(B)
is a covered nation (as defined under section 2533c(d) of title 10, United States Code); or
(C)
whose government, or elements of such government, has proven to have, or has been credibly alleged to have, committed crimes against humanity or genocide.
(4)

Covered Western Hemisphere countries
The term covered Western Hemisphere countries means the following countries: Anguilla, Antigua and Barbuda, Argentina, Aruba, The Bahamas, Barbados, Belize, Bermuda, Bolivia, Brazil, the British Virgin Islands, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Montserrat, Netherlands Antilles, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and the sovereign government recognized by the United States in Venezuela.
(5)

Critical good
The term critical good means any raw, in process, or manufactured material (including any mineral, metal, or advanced processed material), article, commodity, supply, product, or item of supply the absence of which would have a significant effect on—
(A)
the national security or economic security of the United States; and
(B)
critical infrastructure.
(6)

Critical industry
The term critical industry means an industry that is critical for the national security or economic security of the United States, considering key technology focus areas and critical infrastructure.
(7)

Critical infrastructure
The term critical infrastructure has the meaning given to that term in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).
(8)

Domestic enterprise
The term domestic enterprise means an enterprise that conducts business in the United States and procures a critical good.
(9)

Domestic manufacturer
The term domestic manufacturer means a business that—
(A)
conducts in the United States the research and development, engineering, or production activities necessary or incidental to manufacturing; or
(B)
if provided a grant, loan, loan guarantee, or equity investment under section 20204, will conduct in the United States the research and development, engineering, or production activities necessary or incidental to manufacturing.
(10)

Economically distressed area
The term economically distressed area means an area that meets 1 or more of the requirements described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(11)

Eligible activity
The term eligible activity means an activity described under section 20204(c).
(12)

Eligible entity
The term eligible entity means an entity described under section 20204(d).
(13)

Federal agency
The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code.
(14)

Industrial equipment
The term industrial equipment means any component, subsystem, system, equipment, tooling, accessory, part, or assembly necessary for the manufacturing of a critical good.
(15)

Institution of higher education
The term institution of higher education has the meaning given that term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(16)

Key technology focus areas
The term key technology focus areas means the following:
(A)
Artificial intelligence, machine learning, autonomy, and related advances.
(B)
High performance computing, semiconductors, and advanced computer hardware and software.
(C)
Quantum information science and technology.
(D)
Robotics, automation, and advanced manufacturing.
(E)
Natural and anthropogenic disaster prevention or mitigation.
(F)
Advanced communications technology (including optical transmission components) and immersive technology.
(G)
Advanced communications technology (including optical transmission components) and educational technology.
(H)
Biotechnology, medical technology, genomics, and synthetic biology.
(I)
Data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics.
(J)
Advanced energy and industrial efficacy technologies, such as batteries, advanced nuclear technologies, and polysilicon for use in solar photovoltaics, including for the purposes of electric generation (consistent with section 15 of the National Science Foundation Act of 1950 (42 U.S.C. 1874)).
(K)
Advanced materials science, including composites and 2D materials and equipment, aerospace grade metals, and aerospace specific manufacturing enabling chemicals.
(17)

Labor organization
The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—
(A)
any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and
(B)
any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—
(i)
individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;
(ii)
individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or
(iii)
individuals employed as agricultural laborers.
(18)

Lender
The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations or a successor regulation).
(19)

Loan
The term loan means a direct loan or other debt obligation issued by an eligible entity or a manufacturing investment company and funded by the Assistant Secretary in connection with the financing of an eligible activity under section 20204.
(20)

Loan guarantee
The term loan guarantee means any guarantee or other pledge by the Assistant Secretary under section 20204 to pay all or part of the principal of, and interest on, a loan or other debt obligation entered into by an eligible entity or a manufacturing investment company and funded by a lender.
(21)

Manufacture
The term manufacture means any activity that is necessary for or incidental to the development, production, processing, distribution, or delivery of any raw, in process, or manufactured material (including any mineral, metal, and advanced processed material), article, commodity, supply, product, critical good, or item of supply.
(22)

Manufacturing facility
The term manufacturing facility means any type of building, structure, or real property necessary or incidental to the manufacturing of a critical good.
(23)

Manufacturing investment company
The term manufacturing investment company means an incorporated body, a limited liability company, or a limited partnership, including a consortium of public and private entities, organized and chartered or otherwise existing under State law.
(24)

Manufacturing technology
The term manufacturing technology means technologies that are necessary or incidental to the manufacturing of a critical good.
(25)

Nonprofit organization
The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.
(26)

Office
The term Office means the Office of Manufacturing Security and Resilience established under section 20201.
(27)

Offshore
The term offshore means the transfer or relocation of manufacturing capacity that is occurring or otherwise would occur in the United States to another country.
(28)

Relevant committees of congress
The term relevant committees of Congress means the following:
(A)
The Committee on Commerce, Science, and Transportation of the Senate.
(B)
The Committee on Appropriations of the Senate.
(C)
The Committee on Finance of the Senate.
(D)
The Committee on Homeland Security and Governmental Affairs of the Senate.
(E)
The Committee on Armed Services of the Senate.
(F)
The Committee on Energy and Natural Resources of the Senate.
(G)
The Select Committee on Intelligence of the Senate.
(H)
The Committee on Science, Space, and Technology of the House of Representatives.
(I)
The Committee on Energy and Commerce of the House of Representatives.
(J)
The Committee on Appropriations of the House of Representatives.
(K)
The Committee on Ways and Means of the House of Representatives.
(L)
The Committee on Homeland Security of the House of Representatives.
(M)
The Committee on Armed Services of the House of Representatives.
(N)
The Permanent Select Committee on Intelligence of the House of Representatives.
(O)
The Committee on Agriculture of the House of Representatives.
(P)
The Committee on Agriculture, Nutrition, and Forestry of the Senate.
(29)

Resilient supply chain
The term resilient supply chain means a supply chain that—
(A)
ensures that the United States can sustain critical industry production, supply chains, services, and access to critical goods, industrial equipment, and manufacturing technology during supply chain shocks; and
(B)
has key components of resilience that include—
(i)
effective private sector risk management and mitigation planning to sustain supply chains and supplier networks during a supply chain shock;
(ii)
minimized or managed exposure to supply chain shocks; and
(iii)
the financial and operational capacity to—
(I)
sustain supply chains during supply chain shocks; and
(II)
recover from supply chain shocks.
(30)

Secretary
The term Secretary means the Secretary of Commerce.
(31)

Small business concern
The term small business concern has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(32)

State
The term State means each State of the United States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory of the United States.
(33)

Supply chain
The term supply chain means a supply chain for a critical good.
(34)

Supply chain information
The term supply chain information means information that is not customarily in the public domain and relating to—
(A)
sustaining and adapting supply chains during a supply chain shock;
(B)
supply chain risk mitigation and recovery planning with respect to a supply chain shock, including any planned or past assessment, projection, or estimate of a vulnerability within the supply chain, including testing, supplier network assessments, production flexibility, risk evaluations thereto, risk management planning, or risk audits; or
(C)
operational best practices, planning, and supplier partnerships that enable enhanced resilience of supply chains during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.
(35)

Supply chain shock
The term supply chain shock includes the following:
(A)
A natural disaster or extreme weather event.
(B)
An accidental or human-caused event.
(C)
An economic disruption.
(D)
A pandemic.
(E)
A biological threat.
(F)
A cyber attack.
(G)
A great power conflict.
(H)
A terrorist or geopolitical attack.
(I)
A public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).
(J)
An event for which the President declares a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191).
(K)
A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(L)
Any other supply chain disruption or threat that affects the national security or economic security of the United States.
(36)

Tribal government
The term Tribal government means the governing body of a federally recognized Indian Tribe, an Alaska Native tribal entity, or a Native Hawaiian community.
20210.

Departments of Commerce and Transportation supply chain report
Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Transportation, shall publish and submit to Congress a report on the following, related to supply chains in the United States:
(1)
Points of congestion or blockages.
(2)
Underlying causes of supply chain disruptions, shortages, and delays.
(3)
Other supply chain shortcomings which, with public or private investment, could be remedied to result in more efficient movement of goods into and within the United States.
20211.

Supply chain report required
Not later than 60 days after the date of the enactment of this Act, the Secretary shall conduct a governmentwide study and submit to Congress a report on the steps that can be implemented within 30 days after submitting the report to immediately address the supply chain crisis.
20212.

National Commission on Critical Supply Chains
(a)

Establishment
Congress shall establish a National Commission on Critical Supply Chains (referred to in this section as the “Commission”).
(b)

Purposes
The purposes of the Commission shall be to—
(1)
convene an independent entity that brings together national experts in a highly visible forum to conduct a systematic study and give guidance to Congress on the complex and strategically important issues related to rebuilding critical American supply chains;
(2)
identify the critical supply chains in which the United States is dependent on materials, products, equipment, or services from foreign countries and in which substantial harm would come to U.S. economic security, national defense, or way of life if those supply chains were compromised or no longer available;
(3)
investigate in depth and report on existing dependencies, limitations, and risks to the United States for each of these critical supply chains, including considerations for medical supplies, equipment, and medications; rare earth materials; precision-integrated circuits and microchips; machine tools and production equipment; defense components and homeland security capabilities; scientific equipment needed for advanced technology research and development; clothing and textiles; and food and agricultural products;
(4)
assess and provide guidance on key questions, including—
(A)
which driving forces are pushing U.S. companies to offshore their procurement or their manufacturing operations;
(B)
how the United States can predict and prevent future supply chain disruptions;
(C)
what the United States can do to reduce future vulnerabilities and risks;
(D)
whether the United States can make the American supply chain resilient enough to protect necessary capabilities and resources;
(E)
which manufacturing activities should be performed strictly within the United States to ensure economic and national security;
(F)
what actions should be taken by the United States to increase domestic manufacturing to meet critical supply chain needs and improve its terms of trade; and
(G)
what would be the effects of a new national manufacturing strategy on employment, growth, innovation, and national security; and
(5)
develop and propose specific recommendations, submit a biannual comprehensive report (and intermediate updates as necessary to maintain timely and relevant information), and provide Congressional oversight to Congress to be used as a resource for legislative actions to mitigate the risks of future American supply chain disruptions.
(c)

Membership
(1)

Members
The Commission shall be composed of 12 members, of whom—
(A)
three members shall be appointed by the Speaker of the House of Representatives, in consultation with the chairpersons of relevant committees, including the Committee on Ways and Means, Committee on Energy and Commerce, Committee on Science, Space, and Technology, Committee on Transportation and Infrastructure, Committee on Armed Services, Committee on Natural Resources, Committee on Small Business, Committee on Homeland Security, and Committee on Agriculture of the House of Representatives;
(B)
three members shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking minority Members of relevant committees, including the Committees described in subparagraph (A);
(C)
three members shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate, in consultation with the chairpersons of relevant committees, including the Committee on Finance, Committee on Commerce, Science, and Technology, Committee on Armed Services, Committee on Energy and Natural Resources, Committee on Small Business and Entrepreneurship, Committee on Homeland Security and Governmental Affairs, Committee on Environment and Public Works, and Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(D)
three members shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate, in consultation with the ranking minority Members of relevant committees, including the Committees described in subparagraph (C).
(2)

Chair; Vice chair
(A)

Appointment
Not later than 30 days after the initial meeting of the Commission, the Commission shall elect a Chair and Vice Chair from among the Commission’s members by a simple majority vote, and such Chair and Vice Chair shall be members of the Commission who were appointed by appointing authorities from different political parties under paragraph (1).
(B)

Presence
For purposes of appointing the Chair, all 12 members must be present. If all 12 members are not present, appointment of the chair shall be delayed until the next meeting of the Commission at which all 12 members are present.
(C)

Timing
If a quorum is not present at that initial meeting, the Chair shall be appointed at the first meeting after that at which a quorum is present. If a Vice Chair is elected before the Chair and no Chair is elected, the Vice Chair shall serve as acting Chair until the Chair is elected.
(D)

New Chair and Vice Chair each Congress
A new Chair and Vice Chair shall be elected with respect to each Congress. Any member that was a Chair or Vice Chair in a Congress may not be elected to be a Chair or Vice Chair in a subsequent Congress.
(3)

Qualifications
(A)

Areas of expertise
(i)

In general
Each individual appointed to the Commission shall have substantial expertise in one or more of the following areas:
(I)
Supply chain expertise, including the following:
- (aa)
Advanced manufacturing, with a focus on distributed operations and supply chain management.
- (bb)
Economics of U.S. manufacturing.
- (cc)
Supply chain logistics.
- (dd)
Supplier certification and quality assurance processes.
- (ee)
Raw materials sourcing and distribution.
- (ff)
Metrics used by Original Equipment Manufacturer purchasing managers and chief financial officers to make purchasing decisions.
(II)
Critical domain expertise, including the following:
- (aa)
Health care, medical device, and pharmaceutical manufacturing.
- (bb)
Mining, supply, and usage of rare earth materials.
- (cc)
Precision-integrated circuits, microchips, and semiconductor manufacturing.
- (dd)
Defense component manufacturing and homeland security products.
- (ee)
Advanced machine tools and production equipment.
- (ff)
Scientific equipment for high-precision research and development.
- (gg)
Clothing and textiles manufacturing.
- (hh)
Food production and agricultural products manufacturing.
(III)
Industrial policy expertise, including knowledge of industrial organization, development economics, and policy tools that have been used by the United States and other developing or industrial economies in the world.
(ii)

Composition
The composition of the members of the Commission shall ensure the Commission has substantial expertise in all areas described in clause (i).
(B)

Nongovernment appointees
An individual appointed to the Commission may not be an officer or employee of the Federal Government.
(4)

Appointment requirements
(A)

Initial appointments
Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.
(B)

Term of appointments
The term of each member of the Commission shall expire on December 31 of the second session of the Congress in which the member is appointed to the Commission.
(C)

Appointments with each Congress
Appointments to the Commission made after the initial appointments to the Commission under subparagraph (A) shall be made not later than 30 days after the date on which each Congress convenes.
(D)

Renewal of appointments
A member of the Commission may be reappointed for additional terms of service upon mutual agreement between such member and the appointing authority that appointed such member to the Commission.
(E)

Vacancies
A vacancy in the Commission shall not affect the powers of the Commission and shall be filled by the same appointing authority that made the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made by not later than 30 days after the date such vacancy occurs.
(F)

Removal
A member of the Commission may be removed from the Commission at any time by the appointing authority that appointed such member to the Commission should the member fail to meet Commission responsibilities.
(5)

Compensation; Travel expenses
Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission. Travel expenses of members of the Commission shall be allowed at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, except that foreign travel for official purposes by members of the Commission is not authorized.
(d)

Meeting requirements
(1)

Initial meeting
The Commission shall convene for an initial meeting not later than 45 days after the initial members of the Commission are all appointed. An initial meeting may be convened so long as at least 10 members are present.
(2)

Subsequent meetings
After the initial meeting under paragraph (1), the Commission shall meet upon the call of the Chair or as determined by a majority of Commission members.
(3)

Expectations for attendance by members
Members are expected to attend all Commission meetings. In the case of an absence, members are expected to report to the Chair prior to the meeting and allowance may be made for an absent member to participate remotely. Members will still be responsible for fulfilling prior commitments, regardless of attendance status. If a member is absent from multiple meetings, the member may be reviewed by the Chair and appointing authority that appointed such member to the Commission and further action will be considered, including removal and replacement on the Commission.
(4)

Quorum
A majority of the members of the Commission shall constitute a quorum.
(5)

Voting
Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission.
(6)

Meeting notes
Meetings notes shall be made available to the congressional committees of jurisdiction.
(e)

Subcommittees and working groups
The Commission may choose, at the discretion of the Chair and Vice Chair, to establish subcommittees and working groups for any purpose consistent with the duties of the Commission. Any findings, conclusions, or recommendations made by a subcommittee or working group shall be considered by the full Commission, which shall be responsible for determining any final findings, conclusions, and recommendations. Each such subcommittee or working group shall operate only for the Congressional Session with respect to which such subcommittee or group was established.
(f)

Administration and powers of Commission
(1)

Hearings
The Commission may, for the purpose of carrying out this Act—
(A)
hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers appropriate; and
(B)
subject to paragraph (2), require the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents.
(2)

Obtaining official data
(A)

In general
The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or other instrumentality of the Federal Government or a State, local, Tribal, or territorial government any information, suggestions, estimates, and statistics to enable the Commission to carry out this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the Chair of the Commission and the Vice Chair of the Commission or any member designated by a majority of the Commission.
(B)

Receipt, handling, storage, and dissemination
Any information, suggestions, estimates, and statistics submitted under subparagraph (A) shall only be received, handled, stored, and disseminated by members of the Commission and its staff, consistent with applicable Federal law.
(3)

Public hearings and meetings
(A)

In general
The Commission shall hold public hearings and meetings as determined appropriate by the Commission.
(B)

Protection of certain information
Any public hearings and meetings of the Commission shall be conducted in a manner consistent with applicable Federal law regarding the protection of data submitted to the Commission under paragraph (3).
(4)

Personnel
(A)

Staff
(i)

Appointment; Compensation; Travel expenses
The Chair of the Commission, in consultation with Vice Chair of the Commission, and in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of an executive director and other additional technical and administrative personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this clause may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Travel expenses of the executive director and other additional technical and administrative personnel of the Commission shall be allowed at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, except that foreign travel for official purposes by such director and personnel of the Commission is not authorized.
(ii)

Technical staff expertise requirement
Technical staff of the Commission shall be individuals with substantial expertise in one or more of the areas described in subsection (c)(2). The expertise of such technical staff shall augment the ability of the Commission to have substantial expertise in all areas so described.
(iii)

Personnel as Federal employees
(I)

In general
The executive director and any other personnel of the Commission shall be treated as employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title.
(II)

Members of commission
Subclause (I) shall not be construed to apply to members of the Commission.
(iv)

Detailees
Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
(v)

Experts and consultants
The Commission may procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(B)

Assistance from Federal agencies
(i)

General Services Administration
The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services necessary to carry out the duties of the Commission.
(ii)

Other departments and agencies
In addition to the assistance described in subparagraph (A), departments and agencies of the Federal Government may provide to the Commission such services, funds, facilities, and staff as such departments and agencies determine appropriate and as authorized by Federal law.
(g)

Security clearances
The members and staff of the Commission shall obtain, if necessary to carry out the functions of the Commission, appropriate security clearances for access to any classified briefing, records, and materials to be reviewed by such members or staff. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission security clearances pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearance.
(h)

Reports
(1)

Reports
Not later than December 1 of each year that the Commission remains active and in operation, the Commission shall submit to the majority and minority leaders of the House of Representatives and Senate a comprehensive report on the findings, conclusions, and recommendations of the Commission with respect to such year and including an executive summary of the Commission’s purposes and activities and any relevant references and materials with respect to such year. Notwithstanding the previous sentence, the Commission shall not be required to submit a report under this paragraph with respect to the first year in which such Commission is active and in operation if the Commission is so active and in operation for fewer than six months of such first year.
(2)

Classified information
In the case that a report submitted under this subsection includes classified information, the Commission shall also submit to the majority and minority leaders of the House of Representatives and Senate a redacted version of such report with such classified information included as a classified annex to such report.
(3)

Public availability
Reports submitted under this subsection, or the redacted versions of such reports (if applicable), shall be made publicly available on a centralized Federal internet website.
(i)

Applicability of FACA
Except as provided in subsection (j), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission.
(j)

Termination
(1)

In general
The Commission, and all the authorities of the Commission under this Act, shall remain active and in operation until the last day of the 10-year period beginning on the date of the enactment of this Act.
(2)

Administrative activities
The Commission may use the 60-day period following the date of termination of the Commission for the purpose of concluding its activities, including providing testimony to Congress concerning its results and disseminating the final report of the Commission.
(k)

Authorization of appropriations
For purposes of carrying out this section, there is authorized to be appropriated to the Commission $6,000,000 for fiscal year 2022 and such sums as may be necessary for each fiscal year thereafter through fiscal year 2032, to be available until expended.
B

Strengthening Consumer Protections, Tourism, and Manufacturing
20211.

National manufacturing advisory council
(a)

Definitions
In this section:
(1)

Advisory council
The term Advisory Council means the National Manufacturing Advisory Council established under subsection (b)(1).
(2)

Appropriate committees of congress
The term appropriate committees of Congress means—
(A)
the Committee on Health, Education, Labor, and Pensions, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Education and Labor, the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(3)

Secretary
The term Secretary means the Secretary of Commerce.
(b)

Establishment
(1)

In general
The Secretary, in consultation with the Secretary of Labor, the Secretary of Defense, the Secretary of Energy, the United States Trade Representative, and the Secretary of Education, shall establish within the Department of Commerce the National Manufacturing Advisory Council.
(2)

Purpose
The purpose of the Advisory Council shall be to provide recommendations to the Secretary and Federal Government on ways to—
(A)
provide worker education, training, development, and entrepreneurship training;
(B)
connect individuals and business with the services described in subparagraph (A) that are offered in the community of the individuals or businesses;
(C)
coordinate services relating to employee engagement, including employee ownership and workforce training;
(D)
connect manufacturers with career and technical education entities, institutions of higher education, community colleges, workforce development boards, labor organizations, and nonprofit job training providers to develop and support training and job placement services and apprenticeship and online learning platforms for new and incumbent workers;
(E)
develop programming to prevent job losses as entities adopt new technologies and processes; and
(F)
develop best practices for employee ownership.
(c)

Mission
The mission of the Advisory Council shall be to—
(1)
provide a forum for regular communication between the Federal Government and the manufacturing sector in the United States;
(2)
advise the Federal Government regarding policies and programs of the Federal Government that affect manufacturing in the United States;
(3)
provide a forum for discussing and proposing solutions to problems relating to the manufacturing industry in the United States; and
(4)
provide advice and recommendations to the Federal Government to help the United States remains the preeminent destination throughout the world for investment in manufacturing.
(d)

Duties
The duties of the Advisory Council shall include—
(1)
meeting not less frequently than every 180 days to provide independent advice and recommendations to the Secretary regarding issues involving manufacturing in the United States;
(2)
completing specific tasks requested by the Secretary;
(3)
conveying input to the Assistant Secretary of the Office of Supply Chain Resiliency and Crisis Response from key industry, labor, academic, defense, governmental, and other stakeholders to aid in the development of a national strategic plan for manufacturing in the United States;
(4)
monitoring the status of technological developments, critical production capacity, skill availability, investment patterns, emerging defense needs, and other key indicators of manufacturing competitiveness to provide foresight for periodic updates to the national strategic plan for manufacturing developed under paragraph (3);
(5)
soliciting input from the public and private sectors and academia relating to emerging trends in manufacturing, the responsiveness of Federal programming with respect to manufacturing, and suggestions for areas of increased Federal attention with respect to manufacturing;
(6)
monitoring global manufacturing trends and global threats to manufacturing sectors in the United States;
(7)
providing advice and recommendations to the Federal Government on matters relating to investment in and support of the manufacturing workforce relating to—
(A)
worker participation, including through labor organizations and through other methods determined by the Advisory Council, in the planning for deployment of new technologies across an industry and within workplaces;
(B)
training and education priorities for the Federal Government and for employers to assist workers in adapting the skills and experiences of those workers to fit the demands of the 21st century economy;
(C)
innovative suggestions from workers on the development of new technologies and processes and, as appropriate, assessing the impact of those technologies and processes on the workforce and economy of the United States;
(D)
management practices that lead to worker employment, job quality, worker protection, worker participation and power in decision making, and investment in worker career success;
(E)
policies and procedures to prioritize diversity and inclusion in the manufacturing and technology workforce by expanding access to job, career advancement, and management opportunities for underrepresented populations; and
(F)
advice on how to improve access to demand-driven education, training, and re-training for workers, including community and technical colleges, higher education, apprenticeships and work-based learning opportunities;
(8)
with respect to the manufacturing.gov website, or any successor thereto, providing advice and recommendations to the Secretary in order to—
(A)
make that website more user-friendly to enhance the ability of that website to—
(i)
provide information to manufacturers; and
(ii)
receive feedback from manufacturers;
(B)
assist that website in becoming the principal place of interaction between manufacturers in the United States and Federal programs relating to manufacturing; and
(C)
enable that website to provide assistance to manufacturers relating to—
(i)
international trade and investment matters;
(ii)
research and technology development opportunities;
(iii)
workforce development and training programs and opportunities;
(iv)
small and medium manufacturer needs; and
(v)
industrial commons and supply chain needs; and
(9)
soliciting input from—
(A)
economically disadvantaged areas (as defined in section 20209); or
(B)
areas in which foreign competition resulted in mass factory layoffs.
(e)

Membership
(1)

In general
The Advisory Council shall—
(A)
consist of individuals appointed by the Secretary with a balance of backgrounds, experiences, and viewpoints; and
(B)
include an equal proportion of individuals with manufacturing experience who represent private industry, academia, and labor organizations.
(2)

Public participation
The Secretary shall, to the maximum extent practicable, accept recommendations from the public regarding the appointment of individuals under paragraph (1).
(3)

Period of appointment; vacancies
(A)

In general
Each member of the Advisory Council shall be appointed by the Secretary for a term of 3 years.
(B)

Renewal
The Secretary may renew an appointment made under subparagraph (A) not more than 2 additional terms.
(C)

Stagger terms
The Secretary may stagger the terms of the members of the Advisory Council to ensure that the terms of the members expire during different years.
(D)

Vacancies
Any member appointed to fill a vacancy on the Advisory Council occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed.
(f)

Transfer of functions
(1)

In general
All functions of the United States Advanced Manufacturing Council of the International Trade Administration of the Department of Commerce, including the personnel, assets, and obligations of the United States Manufacturing Council of the International Trade Administration of the Department of Commerce, as in existence on the day before the date of the enactment of this Act, shall be transferred to the Advisory Council.
(2)

Deeming of name
Any reference in law, regulation, document, paper, or other record of the United States to the United States Advanced Manufacturing Council of the International Trade Administration of the Department of Commerce shall be deemed a reference to the Advisory Council.
(3)

Unexpended balances
Unexpended balances of appropriations, authorization, allocations, or other funds related to the United States Advanced Manufacturing Council of the International Trade Administration of the Department of Commerce shall be available for use by the Advisory Council for the purpose for which the appropriations, authorizations, allocations, or other funds were originally made available.
(g)

Report
Not later than 180 days after the date on which the Advisory Council holds the initial meeting of the Advisory Council and annually thereafter, the Advisory Council shall submit to the appropriate committees of Congress a report containing a detailed statement of the advice and recommendations of the Advisory Council required under subsection (d)(7).
(h)

Departmental support
Notwithstanding any other provision of law and subject to confidentiality requirements, the Secretary shall furnish to the advisory committee relevant information in the possession of the Department of Commerce relating to the mission of the Advisory Council.
20212.

Availability of Travel Promotion Fund for Brand USA
(a)

In general
Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, subject to subsection (b), and notwithstanding any other provision of law, shall make available, from unobligated balances remaining available from fees collected before October 1, 2020, and credited to Travel Promotion Fund established under subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(d)), $250,000,000 for the Corporation for Travel Promotion (commonly known as “Brand USA”). Such amounts shall remain available until expended.
(b)

Inapplicability of certain requirements and limitations
The limitations and requirements set forth in paragraphs (2)(B) and (3) of subsection (d) of such Act shall not apply to amounts made available under subsection (a).
(c)

Use of funds
The Corporation may only use funds provided under subsection (a) to promote travel from countries the citizens and nationals of which are permitted to enter into the United States.
(d)

Report required
Not later than 60 days after the date of the enactment of this Act, Brand USA shall submit to Congress a plan for obligating and expending the amounts described in subsection (a).
20213.

Collection, verification, and disclosure of information by online marketplaces to inform consumers
(a)

Collection and verification of information
(1)

Collection
(A)

In general
An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the platform, the following information to the online marketplace:
(i)

Bank account
(I)

In general
A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller.
(II)

Provision of information
The bank account or payee information required under subclause (I) may be provided by the seller in the following ways:
- (aa)
To the online marketplace.
- (bb)
To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information on demand from such payment processor or other third party.
(ii)

Contact information
Contact information for such seller as follows:
(I)
With respect to a high-volume third party seller that is an individual, the individual's name.
(II)
With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information:
- (aa)
A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual's name.
- (bb)
A copy of a valid government-issued record or tax document that includes the business name and physical address of such seller.
(iii)

Tax ID
A business tax identification number, or, if such seller does not have a business tax identification number, a taxpayer identification number.
(iv)

Working email and phone number
A current working email address and phone number for such seller.
(B)

Notification of change; annual certification
An online marketplace shall—
(i)
periodically, but not less than annually, notify any high-volume third party seller on such online marketplace's platform of the requirement to keep any information collected under subparagraph (A) current; and
(ii)
require any high-volume third party seller on such online marketplace's platform to, not later than 10 days after receiving the notice under clause (i), electronically certify that—
(I)
the seller has provided any changes to such information to the online marketplace, if any such changes have occurred;
(II)
there have been no changes to such seller's information; or
(III)
such seller has provided any changes to such information to the online marketplace.
(C)

Suspension
In the event that a high-volume third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.
(2)

Verification
(A)

In general
An online marketplace shall—
(i)
verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and
(ii)
verify any change to such information not later than 10 days after being notified of such change by a high-volume third party seller under paragraph (1)(B).
(B)

Presumption of verification
In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.
(3)

Data use limitation
Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.
(4)

Data security requirement
An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modification.
(b)

Disclosure required
(1)

Requirement
(A)

In general
An online marketplace shall—
(i)
require any high-volume third party seller with an aggregate total of $20,000 or more in annual gross revenues on such online marketplace, and that uses such online marketplace’s platform, to provide the information described in subparagraph (B) to the online marketplace; and
(ii)
disclose the information described in subparagraph (B) to consumers in a clear and conspicuous manner—
(I)
in the order confirmation message or other document or communication made to a consumer after a purchase is finalized; and
(II)
in the consumer’s account transaction history.
(B)

Information described
The information described in this subparagraph is the following:
(i)
Subject to paragraph (2), the identity of the high-volume third party seller, including—
(I)
the full name of the seller, which may include the seller name or seller’s company name, or the name by which the seller or company operates on the online marketplace;
(II)
the physical address of the seller; and
(III)
contact information for the seller, to allow for the direct, unhindered communication with high-volume third party sellers by users of the online marketplace, including—
- (aa)
a current working phone number;
- (bb)
a current working email address; or
- (cc)
other means of direct electronic messaging (which may be provided to such seller by the online marketplace).
(ii)
Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in clause (i) relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase.
(2)

Exception
(A)

In general
Subject to subparagraph (B), upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity information required under paragraph (1)(B)(i) in the following situations:
(i)
If such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online marketplace may—
(I)
disclose only the country and, if applicable, the State in which such seller resides; and
(II)
inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace.
(ii)
If such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may disclose the seller’s physical address for product returns.
(iii)
If such seller certifies to the online marketplace that the seller does not have a phone number other than a personal phone number, the online marketplace shall inform consumers that there is no phone number available for the seller and that consumer inquiries should be submitted to the seller’s email address or other means of electronic messaging provided to such seller by the online marketplace.
(B)

Limitation on exception
If an online marketplace becomes aware that a high-volume third party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subparagraph (A) or that a high-volume third party seller who has requested and received a provision for a partial disclosure under subparagraph (A) has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under paragraph (1)(B)(i).
(3)

Reporting mechanism
An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
(4)

Compliance
If a high-volume third party seller does not comply with the requirements to provide and disclose information under this subsection, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.
(c)

Enforcement by Federal Trade Commission
(1)

Unfair and deceptive acts or practices
A violation of subsection (a) or (b) by an online marketplace shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2)

Powers of the Commission
(A)

In general
The Commission shall enforce subsections (a) and (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
(B)

Privileges and immunities
Any person that violates subsection (a) or (b) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3)

Regulations
The Commission may promulgate regulations under section 553 of title 5, United States Code, with respect to the collection, verification, or disclosure of information under this section, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information.
(4)

Authority preserved
Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(d)

Enforcement by State attorneys general
(1)

In general
If the attorney general of a State has reason to believe that any online marketplace has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that State, the attorney general of the State may bring a civil action in any appropriate district court of the United States, to—
(A)
enjoin further such violation by the defendant;
(B)
enforce compliance with this section or such regulation;
(C)
obtain civil penalties in the amount provided for under subsection (c);
(D)
obtain other remedies permitted under State law; and
(E)
obtain damages, restitution, or other compensation on behalf of residents of the State.
(2)

Notice
The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action.
(3)

Intervention by the FTC
Upon receiving notice under paragraph (2), the Commission shall have the right—
(A)
to intervene in the action;
(B)
upon so intervening, to be heard on all matters arising therein; and
(C)
to file petitions for appeal.
(4)

Limitation on State action while Federal action is pending
If the Commission has instituted a civil action for violation of this section or a regulation promulgated under this section, no State attorney general, or official or agency of a State, may bring a separate action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated under this section that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or regulation promulgated under this section filed by the Commission.
(5)

Rule of construction
For purposes of bringing a civil action under paragraph (1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer, official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
(6)

Actions by other State officials
(A)

In general
In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so, except for any private person on behalf of the State attorney general, may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
(B)

Savings provision
Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
(e)

Severability
If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
(f)

Definitions
In this section:
(1)

Commission
The term Commission means the Federal Trade Commission.
(2)

Consumer product
The term consumer product has the meaning given such term in section 101 of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal Regulations.
(3)

High-volume third party seller
(A)

In general
The term high-volume third party seller means a participant on an online marketplace’s platform who is a third party seller and who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues.
(B)

Clarification
For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph (A), an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor.
(4)

Online marketplace
The term online marketplace means any person or entity that operates a consumer-directed electronically based or accessed platform that—
(A)
includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States;
(B)
is used by one or more third party sellers for such purposes; and
(C)
has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(5)

Seller
The term seller means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace's platform.
(6)

Third party seller
(A)

In general
The term third party seller means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace's platform.
(B)

Exclusions
The term third party seller does not include, with respect to an online marketplace—
(i)
a seller who operates the online marketplace's platform; or
(ii)
a business entity that has—
(I)
made available to the general public the entity’s name, business address, and working contact information;
(II)
an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and
(III)
provided to the online marketplace identifying information, as described in subsection (a), that has been verified in accordance with that subsection.
(7)

Verify
The term verify means to confirm information provided to an online marketplace pursuant to this section, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller’s behalf, not misappropriated, and not falsified.
(g)

Relationship to State laws
No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section.
(h)

Effective date
This section shall take effect 180 days after the date of the enactment of this Act.
20214.

Supercomputing For Safer Chemicals (SUPERSAFE) Consortium
(a)

Establishment
(1)

In general
The Secretary of Health and Human Services (referred to in this section as the “Secretary”), through the Director of the National Toxicology Program, and in collaboration with the heads of any other relevant Federal agencies (including the Administrator of the Environmental Protection Agency and the Secretary of Energy), shall form a consortium, to be known as the “Supercomputing for Safer Chemicals (SUPERSAFE) Consortium” (referred to in this section as the “Consortium”) with the National Laboratories of the Department of Energy and public research institutions to carry out the activities described in subsection (b).
(2)

Inclusion of state agencies
The Secretary shall allow the head of a relevant State agency to join the Consortium on request of the State agency.
(b)

Consortium activities
(1)

In general
The Consortium, working through the National Laboratories and public research institutions, shall use supercomputing, machine learning, and other similar capabilities—
(A)
to establish rapid approaches for large-scale identification of toxic substances and the development of safer alternatives to toxic substances by developing and validating computational toxicology methods based on unique high-performance computing, artificial intelligence, machine learning, and precision measurements;
(B)
to address the need to identify safer chemicals for use in consumer and industrial products and in their manufacture to support the move away from toxic substances and toward safer-by-design alternatives; and
(C)
to make recommendations on how the information produced can be applied in risk assessments and other characterizations for use by the Environmental Protection Agency and other agencies in regulatory decisions, and by industry in identifying toxic and safer chemicals.
(2)

Models
In carrying out paragraph (1), the Consortium—
(A)
shall use supercomputers and other virtual tools to develop, validate, and run models to predict adverse health effects caused by toxic substances and to identify safe chemicals for use in products and manufacturing; and
(B)
may utilize, as needed, appropriate biological test systems to test and evaluate approaches and improve their predictability and reliability in industrial and regulatory applications.
(c)

Public results
The Consortium shall make model predictions, along with supporting documentation, available to the public in an accessible format.
(d)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated to the Secretary to carry out this section—
(A)
for fiscal year 2022, $20,000,000;
(B)
for fiscal year 2023, $30,000,000; and
(C)
for each of fiscal years 2024 through 2026, $35,000,000.
(2)

Availability
From the amounts made available under paragraph (1) for a fiscal year, not less than $5,000,000 shall be available to the Environmental Protection Agency.
20215.

GAO report on global semiconductor shortage
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the global semiconductor supply shortage and the impact of that shortage on manufacturing in the United States.
C

Defense Supply Chain Risk Management
20221.

Risk management for Department of Defense supply chains
(a)

Risk management for all Department of Defense supply chains
Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—
(1)
develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals;
(2)
identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and
(3)
submit to Congress a report regarding—
(A)
existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs;
(B)
vulnerabilities in the drug supply chains of the Department of Defense; and
(C)
any recommendations to address—
(i)
information gaps identified under paragraph (2); and
(ii)
any risks related to such reliance on foreign suppliers.
(b)

Risk management for Department of Defense pharmaceutical supply chain
The Director of the Defense Health Agency shall—
(1)
not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and
(2)
establish a working group—
(A)
to assess risks to the pharmaceutical supply chain;
(B)
to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and
(C)
to establish policies for allocating scarce pharmaceutical resources in case of a supply disruption.
(c)

Responsiveness testing of Defense Logistics Agency pharmaceutical contracts
The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01—
(1)
to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency’s contingency contracts for pharmaceuticals; and
(2)
to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program.
III

Energy
20301.

Strategic transformer reserve and resilience program
(a)

Establishment
The Secretary shall establish a program to reduce the vulnerability of the electric grid to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, and seismic events, including by—
(1)
ensuring that large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment are strategically located to ensure timely replacement of such equipment as may be necessary to restore electric grid function rapidly in the event of severe damage to the electric grid due to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, or seismic events; and
(2)
establishing a coordinated plan to facilitate transportation of large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment.
(b)

Transformer resilience
In carrying out the program established under subsection (a), the Secretary shall—
(1)
improve large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment by reducing their vulnerabilities;
(2)
develop, test, and deploy innovative equipment designs that are more flexible and offer greater resiliency of electric grid functions;
(3)
coordinate with industry and manufacturers to standardize large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment;
(4)
monitor and test large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment that the Secretary determines may pose a risk to the bulk-power system or national security; and
(5)
facilitate the domestic manufacturing of large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment through the issuance of grants and loans, and through the provision of technical support.
(c)

Strategic equipment reserves
(1)

Authorization
In carrying out the program established under subsection (a), the Secretary may establish one or more federally owned strategic equipment reserves, as appropriate, to ensure nationwide access to large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment.
(2)

Consideration
In establishing any federally owned strategic equipment reserve, the Secretary may consider existing spare transformer and equipment programs and requirements established by the private sector, Regional Transmission Organizations, Independent System Operators, and State regulatory authorities.
(d)

Consultation
The program established under subsection (a) shall be carried out in consultation with the Federal Energy Regulatory Commission, the Electricity Subsector Coordinating Council, the Electric Reliability Organization, manufacturers, and owners and operators of critical electric infrastructure and defense and military installations.
(e)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2022 through 2026. Such amounts shall remain available until expended.
(f)

Construction projects
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with financial assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(g)

Definitions
In this section:
(1)

Bulk-power system; Electric Reliability Organization
The terms bulk-power system and Electric Reliability Organization have the meaning given such terms in section 215 of the Federal Power Act (16 U.S.C. 824o)).
(2)

Independent System Operator; Regional Transmission Organization State regulatory authority
The terms Regional Transmission Organization, Independent System Operator, and State regulatory authority have the meaning given such terms in section 3 of the Federal Power Act (16 U.S.C. 796).
(3)

Secretary
The term Secretary means the Secretary of Energy.
20302.

Solar component manufacturing supply chain assistance
(a)

Findings
The Congress finds that it is in the interest of the United States—
(1)
to have a viable solar component manufacturing supply chain; and
(2)
to reduce the reliance of United States manufacturers on solar components made in the People’s Republic of China.
(b)

Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and carry out a program to award grants and direct loans to eligible entities to carry out projects in the United States for—
(1)
the construction of new facilities that manufacture solar components; and
(2)
retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components.
(c)

Considerations
In awarding grants and direct loans under the program, the Secretary shall take into consideration whether a project—
(1)
is strategically located near manufacturers in the solar component manufacturing supply chain to create a geographic concentration of manufacturers in the solar component manufacturing supply chain;
(2)
has the potential to materially reduce the reliance of United States manufacturers on solar components, including photovoltaic cells and photovoltaic wafers, made in the People’s Republic of China;
(3)
will provide the potential for both direct and indirect domestic job creation, including jobs for low-income communities, dislocated workers, and workers from groups that are underrepresented in the manufacturing industry; and
(4)
will result in economic development or economic diversification in economically distressed regions or localities, including any region or locality—
(A)
with a high proportion of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes;
(B)
with racial disparities in homeownership rates;
(C)
with population loss;
(D)
where economic inequities have grown substantially due to job dislocation and outsourcing; and
(E)
in the case of a census tract located within a metropolitan area, where the median family income for such census tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income.
(d)

Advanced solar technology
The Secretary may issue a written finding on whether any advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People’s Republic of China.
(e)

Prohibition
In carrying out the program, the Secretary may not award grants or direct loans for projects that will source solar components from, or supply their solar components to, any facility that—
(1)
uses forced labor; or
(2)
is located in—
(A)
an area controlled by the Taliban or any entity designated by the Secretary of State as a foreign terrorist organization; or
(B)
a foreign country of concern, as defined in section 10306 of this Act.
(f)

Application
To be eligible to receive a grant or direct loan under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(g)

Direct loan conditions
A direct loan made under the program shall—
(1)
bear interest at a rate that does not exceed a level that the Secretary determines appropriate; and
(2)
be subject to such other terms and conditions as the Secretary determines appropriate.
(h)

Cost sharing for grants
Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this section.
(i)

Prevailing wages
Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(j)

Labor-Management cooperation
(1)

In general
Notwithstanding any contrary provision of law, including the National Labor Relations Act (29 U.S.C. 151 et seq.), paragraphs (2) through (7) shall apply with respect to any funding recipient who is an employer and any labor organization who represents or seeks to represent employees of a funding recipient, as those terms are defined in section 2 of the National Labor Relations Act (29 U.S.C. 152).
(2)

Labor peace
Any employer receiving funds under this section shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for bargaining who perform or will perform funded work have signed valid authorizations designating the labor organization as their bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit pursuant to the National Labor Relations Act (29 U.S.C. 151 et seq.). Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board (the Board) that it has determined that the labor organization represents a majority of the employees and that it is recognizing the labor organization as the exclusive representative of the employees for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159).
(3)

Certification
Should a dispute over majority status or the appropriateness of the unit arise between the employer and the labor organization, either party may request that the Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)).
(4)

Commencement of bargaining
Not later than 10 days after receiving a written request for collective bargaining from a recognized or certified labor organization, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
(5)

Mediation
If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.
(6)

Arbitration
If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (5), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer must each select the members of the tripartite arbitration panel within 14 days of the Service’s referral; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within 120 days, absent extraordinary circumstances or by agreement or permission of the parties, and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on—
(A)
the employer’s financial status and prospects;
(B)
the size and type of the employer’s operations and business;
(C)
the employees’ cost of living;
(D)
the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and
(E)
the wages and benefits other employers in the same business provide their employees.
(7)

Subcontractors
Any employer receiving funds under this section shall require any subcontractor whose employees perform or will perform funded work to comply with the requirements set forth in paragraphs (1) through (6) above.
(k)

Costs of direct loans
The Secretary may use any amounts made available under this section to pay the costs of providing direct loans under the program.
(l)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $600,000,000 for each of fiscal years 2022 through 2026.
(m)

Set aside
Not less than $20,000,000 of the amount made available to carry out this section each fiscal year shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities.
(n)

Definitions
In this section:
(1)

Advanced solar technology
The term advanced solar technology means any new or emerging technology, system, or mechanism that uses solar radiation to generate electrical energy, and any component thereof.
(2)

Direct current optimizer
The term direct current optimizer means a product which converts direct current electricity from one or more solar modules or advanced solar technologies to a different direct current voltage that is matched to the input requirements of an inverter.
(3)

Direct loan
The term direct loan means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Government asset on credit terms.
(4)

Eligible entity
The term eligible entity means a private entity, including a manufacturer, or a partnership of private entities.
(5)

Forced labor
The term forced labor has the meaning given such term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(6)

Integrated module
The term integrated module means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product which is—
(A)
suitable to generate electricity when exposed to sunlight; and
(B)
ready for installation without additional manufacturing processes.
(7)

Inverter
The term inverter means a product which converts direct current electricity from one or more solar modules or advanced solar technologies into alternating current electricity.
(8)

Labor organization
The term labor organization has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152).
(9)

Parties
The term parties means a labor organization that is newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) and the employer of the employees represented by such organization.
(10)

Photovoltaic cell
The term photovoltaic cell means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity.
(11)

Photovoltaic wafer
The term photovoltaic wafer means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters produced by a single manufacturer—
(A)
either—
(i)
directly from molten or evaporated solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer; or
(ii)
through formation of an ingot from molten polysilicon and subsequent slicing; and
(B)
which comprises the substrate or absorber layer of one or more photovoltaic cells.
(12)

Program
The term program means the program established under subsection (b).
(13)

Racking
The term racking means a structural steel or aluminum support element, of any cross-section shape and which may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported.
(14)

Secretary
The term Secretary means the Secretary of Energy.
(15)

Solar component
The term solar component includes an integrated module, a photovoltaic cell, a photovoltaic wafer, solar grade polysilicon, a solar module, an inverter, racking, a tracker, a direct current optimizer, and any advanced solar technology for which the Secretary has issued a written finding under subsection (d) that such advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People’s Republic of China.
(16)

Solar grade polysilicon
The term solar grade polysilicon means silicon which is—
(A)
suitable for use in photovoltaic manufacturing; and
(B)
purified to a minimum purity of 99.999999 percent silicon by mass.
(17)

Solar module
The term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is—
(A)
suitable to generate electricity when exposed to sunlight; and
(B)
ready for installation without an additional manufacturing process.
(18)

Tracker
The term tracker means—
(A)
a structural steel support on which solar modules are supported; and
(B)
the mechanism by which that support is oriented to varying angles with respect to the sun's position.
(19)

Traditional solar component
The term traditional solar component means an integrated module, a photovoltaic cell, a photovoltaic wafer, solar grade polysilicon, and a solar module.
20303.

Support for the first three commercial-scale implementations of transformative industrial technologies
(a)

In general
Subject to the availability of appropriations, the Secretary shall establish and carry out a program under which the Secretary provides grants and loan guarantees to eligible entities to carry out eligible projects.
(b)

Applications
(1)

In general
To apply for a grant or loan guarantee under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2)

Selection
In evaluating applications submitted under paragraph (1), the Secretary shall select applications that will result in the greatest—
(A)
improvement to the competitiveness of United States industry in global markets;
(B)
reduction in energy use; or
(C)
reduction in greenhouse gas emissions.
(3)

Consultation
In evaluating applications submitted under paragraph (1), the Secretary shall solicit input from outside technical and industry experts on the specific industry sectors in which eligible technologies would be implemented.
(c)

Grants and loan guarantees
(1)

In general
In carrying out the program, the Secretary may not provide grants or loan guarantees to carry out more than three eligible projects for any category of eligible technology.
(2)

Grant amounts
The amounts of the grants that may be provided to carry out eligible projects for each category of eligible technology shall be not more than the following:
(A)
60 percent of the total eligible project costs for the first eligible project for the category of eligible technology.
(B)
45 percent of the total eligible project costs for the second eligible project for the category of eligible technology.
(C)
30 percent of the total eligible project costs for the third eligible project for the category of eligible technology.
(3)

Loan guarantee amounts
(A)

In general
In carrying out the program, the Secretary may not provide a loan guarantee for an amount that is greater than 80 percent of the applicable eligible project costs.
(B)

Grant and loan guarantee
In any case in which an eligible entity is provided a grant and a loan guarantee under the program, such loan guarantee may not exceed the amount that is equal to 80 percent of the amount that is equal to the difference between—
(i)
the eligible project cost; and
(ii)
the amount of the grant.
(4)

Project milestones
The Secretary shall work with the grant or loan guarantee recipient to develop project milestones and shall issue payments after the recipient demonstrates that the eligible project has reached such milestones.
(d)

Monitoring and reporting
(1)

In general
The Secretary shall annually submit to Congress a report on how grants and loan guarantees provided under the program were used.
(2)

Proprietary and competitive information
Each report submitted under paragraph (1) shall exclude any proprietary or competitive information relating to eligible entities that were provided a grant or loan guarantee, or eligible technologies that were implemented, under the program.
(e)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2022 and $1,000,000,000 for each of fiscal years 2023 through 2031, to remain available until expended.
(f)

Definitions
In this section:
(1)

Eligible entity
The term eligible entity means any of the following entities, including a consortium or partnership of such entities:
(A)
An owner of an industrial plant at which an eligible technology would be implemented.
(B)
A provider that—
(i)
manufactures an eligible technology; or
(ii)
implements or integrates an eligible technology at an industrial plant.
(C)
Another entity involved in the implementation of the eligible technology at an industrial plant.
(2)

Eligible project
The term eligible project means the implementation of an eligible technology at an industrial plant within the United States or its territories.
(3)

Eligible project costs
The term eligible project costs includes any capital, installation, engineering, construction, and permitting costs related to carrying out an eligible project.
(4)

Eligible technology
The term eligible technology means, as determined by the Secretary, any technology that—
(A)
is an innovative technology described in section 454(b)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(b)(1));
(B)
is demonstrated to be technically viable at pilot scale and ready for commercial-scale implementation;
(C)
is able to significantly reduce the energy use or greenhouse gas emissions of the process with respect to which the eligible technology is implemented, relative to the technology available on the date of enactment of this Act; and
(D)
has the potential to significantly reduce annual United States industrial energy use or greenhouse gas emissions, relative to the United States industrial energy use or greenhouse gas emissions in calendar year 2021, if the eligible technology is widely implemented at appropriate existing and new industrial plants in the United States.
(5)

Program
The term program means the program established under subsection (a).
(6)

Secretary
The term Secretary means the Secretary of Energy.
20304.

Improving the natural gas distribution system
(a)

Program
The Secretary of Energy shall establish a grant program to provide financial assistance to States to offset the incremental rate increases paid by low-income households resulting from the implementation of infrastructure replacement, repair, and maintenance programs that are approved by the rate-setting entity and designed to accelerate the necessary replacement, repair, or maintenance of natural gas distribution systems.
(b)

Date of eligibility
Awards may be provided under this section to offset rate increases described in subsection (a) occurring on or after the date of enactment of this Act.
(c)

Prioritization
The Secretary shall collaborate with States to prioritize the distribution of grants made under this section. At a minimum, the Secretary shall consider prioritizing the distribution of grants to States which have—
(1)
authorized or adopted enhanced infrastructure replacement programs or innovative rate recovery mechanisms, such as infrastructure cost trackers and riders, infrastructure base rate surcharges, deferred regulatory asset programs, and earnings stability mechanisms; and
(2)
a viable means for delivering financial assistance to low-income households.
(d)

Auditing and reporting requirements
The Secretary shall establish auditing and reporting requirements for States with respect to the performance of eligible projects funded pursuant to grants awarded under this section.
(e)

Prevailing wages
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40.
(f)

Definitions
In this section:
(1)

Innovative rate recovery mechanisms
The term innovative rate recovery mechanisms means rate structures that allow State public utility commissions to modify tariffs and recover costs of investments in utility replacement incurred between rate cases.
(2)

Low-income household
The term low-income household means a household that is eligible to receive payments under section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
(g)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $250,000,000 in each of fiscal years 2022 through 2031.
20305.

Consideration of energy storage systems
(a)

In general
Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
“(22)

Consideration of energy storage systems
Each State shall consider requiring that, as part of a supply side resource planning process, an electric utility of the State demonstrate to the State that the electric utility considered an investment in energy storage systems based on appropriate factors, including—
(A)
total costs and normalized life cycle costs;
(B)
cost effectiveness;
(C)
improved reliability;
(D)
security; and
(E)
system performance and efficiency.”.
(b)

Time limitations
Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:
“(9)
(A)
Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State regulatory authority has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
(B)
Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State regulatory authority has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (22) of section 111(d).”.
(c)

Failure To comply
Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended—
(1)
by striking “subsection (b)(2)” and inserting “subsection (b)”; and
(2)
by adding at the end the following: “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph.”.
(d)

Prior State actions
Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:
“(i)

Prior State actions
Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection—
(1)
the State has implemented for such utility the standard concerned (or a comparable standard);
(2)
the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or
(3)
the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.”.
(e)

Prior and pending proceedings
Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this section to the date of the enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph (22).”.
20306.

Coordination of programs
To the maximum extent practicable, the Secretary of Energy shall ensure that the funding and administration of the different offices within the Grid Modernization Initiative of the Department of Energy and other programs conducting energy storage research are coordinated and streamlined.
20307.

State flex-tech energy program
(a)

In general
Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the end the following:
“367.

Flex-tech energy program to enhance manufacturing competitiveness
(a)

Financial assistance
Upon request from the State energy agency of a State that has in effect an approved State energy conservation plan under this part, or an Indian Tribe, the Secretary shall provide financial assistance to such State energy agency or Indian Tribe to be used for the development, implementation, improvement, or expansion of a flex-tech energy program described in subsection (b) to enhance manufacturing competitiveness.
(b)

Flex-Tech energy program elements
(1)

In general
A flex-tech energy program may include—
(A)
provision of technical and administrative assistance to manufacturers through qualified engineering firms, as determined by the State energy agency or Indian Tribe;
(B)
provision of financial assistance to manufacturers—
(i)
for energy studies of manufacturing facilities that are conducted by qualified engineering firms; and
(ii)
to support the implementation of the measures and recommendations identified in energy studies conducted pursuant to clause (i), including the design, acquisition, installation, testing, operation, maintenance, and repair of energy- and water-using systems, resiliency-related measures, emissions reduction-related measures, utility cost savings measures, and measures related to advanced manufacturing technologies and artificial intelligence; and
(C)
reporting on monitoring, tracking, and success metrics of the program.
(2)

Studies
An energy study of a manufacturing facility conducted pursuant to paragraph (1)(B) may include—
(A)
an evaluation of the energy-using systems of the facility, including evaluation of the performance of such systems relative to design intent, operational needs of the facility and its occupants, and operation and maintenance procedures;
(B)
an evaluation of emissions related to the facility, including greenhouse gas emissions, and recommendations on sustainability planning and practices;
(C)
an evaluation of potential energy efficiency, water efficiency, greenhouse gas emissions mitigation, and load reduction measures for the facility;
(D)
an evaluation of potential on-site energy measures, including grid-interactive efficiency systems, combined heat and power, efficient compressed air systems, energy storage, energy management systems, renewable thermal systems, and electrification or other forms of fuel switching;
(E)
recommendations on the use of new technologies by the applicable manufacturer; and
(F)
detailed estimates of potential implementation costs, operating cost savings, energy savings, emissions reductions, and simple payback periods, for measures and recommendations identified in such study.
(3)

Qualified engineering firms
A State energy agency or Indian Tribe administering a flex-tech energy program shall maintain and regularly update a publicly available list of qualified engineering firms that are approved by the State energy agency or Indian Tribe to provide assistance to manufacturers pursuant to this section.
(c)

Funding
(1)

Allocation
Except as provided in paragraph (2), to the extent practicable, the Secretary shall allocate funding made available to carry out this section in accordance with the formula used for distribution of Federal financial assistance provided pursuant to this part to States that have in effect an approved State energy conservation plan under this part.
(2)

Indian Tribes
The Secretary shall set aside and distribute not less than 5 percent of amounts made available for each fiscal year to carry out this section to provide financial assistance—
(A)
to Indian Tribes; or
(B)
directly to manufacturers located in Indian Country or, in the case of Alaska, an Alaska Native Village Statistical Area, as identified by the U.S. Census Bureau, for energy studies and implementation of the measures and recommendations identified in such energy studies, as described in subsection (b)(1)(B).
(3)

Use of funds
(A)

Energy studies; administrative expenses
A State energy agency or Indian Tribe that receives financial assistance pursuant to this section for a fiscal year may not—
(i)
use more than 50 percent of such financial assistance for energy studies;
(ii)
use more than 50 percent of such financial assistance to support the implementation of recommendations from such energy studies; and
(iii)
use more than 10 percent of such financial assistance for administrative expenses, including for outreach and technical assistance.
(B)

Individual manufacturing facility
A State energy agency that receives financial assistance pursuant to this section for a fiscal year may not use more than 5 percent of such financial assistance with respect to an individual manufacturing facility.
(4)

Supplement
Financial assistance provided to a State energy agency or Indian Tribe pursuant to this section shall be used to supplement, not supplant, any Federal, State, or other funds otherwise made available to such State under this part.
(5)

Financing
To the extent practicable, a State energy agency or Indian Tribe shall implement a flex-tech energy program described in subsection (b) using funding provided under this Act, public financing, private financing, or any other sources of funds.
(d)

Technical assistance
(1)

In general
Upon request of a State energy agency or Indian Tribe, the Secretary shall provide information and technical assistance in the development, implementation, improvement, or expansion of a flex-tech energy program described in subsection (b).
(2)

Inclusions
Technical assistance provided pursuant to paragraph (1) may include program design options to, with respect to manufacturers that employ fewer than 500 full-time equivalent employees at a manufacturing facility—
(A)
meet the needs of such manufacturers; and
(B)
encourage the use of advanced manufacturing processes by such manufacturers, including use of additive manufacturing, advanced sensors and controls, techniques to reduce embedded emissions, and advanced composite materials.
(e)

Definitions
In this section:
(1)

Indian Country
The term Indian Country means—
(A)
all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;
(B)
all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and
(C)
all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
(2)

Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(3)

State energy agency
The term State energy agency has the meaning given such term in section 391(10).”.
(b)

Conforming amendment
The table of contents for the Energy Policy and Conservation Act is amended by adding after the item related to section 366 the following:
“Sec. 367. Flex-tech energy program to enhance manufacturing competitiveness.”.
(c)

Authorization of appropriations
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by adding at the end the following:
“(3)

Flex-tech energy program to enhance manufacturing competitiveness
In addition to the authorization of appropriations under paragraph (1), for the purposes of carrying out section 367, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026.”.
IV

Medical Product Supply Chain Improvements
A

Medical Product Innovation, Transparency, and Safety
20401.

National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing
(a)

In general
Section 3016 of the 21st Century Cures Act (21 U.S.C. 399h) is amended to read as follows:
“3016.

National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing
(a)

In general
The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs—
(1)
shall solicit and, beginning not later than one year after the date of enactment of the America COMPETES Act of 2022, receive requests from institutions of higher education, or consortia of institutions of higher education, to be designated as a National Center of Excellence in Advanced and Continuous Pharmaceutical Manufacturing (in this section referred to as a “National Center of Excellence”) to support the advancement, development, and implementation of advanced and continuous pharmaceutical manufacturing; and
(2)
shall so designate not more than 5 institutions of higher education or consortia of such institutions that—
(A)
request such designation; and
(B)
meet the criteria specified in subsection (c).
(b)

Request for designation
A request for designation under subsection (a) shall be made to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Any such request shall include a description of how the institution of higher education, or consortium of institutions of higher education, meets or plans to meet each of the criteria specified in subsection (c).
(c)

Criteria for designation described
The criteria specified in this subsection with respect to an institution of higher education, or consortium of institutions of higher education, are that the institution or consortium has, as of the date of the submission of a request under subsection (a) by such institution or consortium—
(1)
physical and technical capacity for research, development, implementation, and demonstration of advanced and continuous pharmaceutical manufacturing;
(2)
manufacturing knowledge-sharing networks with other institutions of higher education, large and small pharmaceutical manufacturers, generic and nonprescription manufacturers, contract manufacturers, and other relevant entities;
(3)
proven capacity to design, develop, implement, and demonstrate new, highly effective technologies for use in advanced and continuous pharmaceutical manufacturing;
(4)
a track record for creating, preserving, and transferring knowledge with respect to advanced and continuous pharmaceutical manufacturing;
(5)
the proven ability to facilitate training of an adequate future workforce for research on, and implementation of, advanced and continuous pharmaceutical manufacturing; and
(6)
experience in participating in and leading advanced and continuous pharmaceutical manufacturing technology partnerships with other institutions of higher education, large and small pharmaceutical manufacturers, generic and nonprescription manufacturers, contract manufacturers, and other relevant entities—
(A)
to support companies seeking to implement advanced and continuous pharmaceutical manufacturing in the United States;
(B)
to support Federal agencies with technical assistance and employee training, which may include regulatory and quality metric guidance as applicable, and hands-on training, for advanced and continuous pharmaceutical manufacturing;
(C)
with respect to advanced and continuous pharmaceutical manufacturing, to organize and conduct research and development activities needed to create new and more effective technology, develop and share knowledge, create intellectual property, and maintain technological leadership;
(D)
to develop best practices for designing and implementing advanced and continuous pharmaceutical manufacturing processes; and
(E)
to assess and respond to the national workforce needs for advanced and continuous pharmaceutical manufacturing, including the development and implementing of training programs.
(d)

Termination of designation
The Secretary may terminate the designation of any National Center of Excellence designated under this section if the Secretary determines such National Center of Excellence no longer meets the criteria specified in subsection (c). Not later than 90 days before the effective date of such a termination, the Secretary shall provide written notice to the National Center of Excellence, including the rationale for such termination.
(e)

Conditions for designation
As a condition of designation as a National Center of Excellence under this section, the Secretary shall require that an institution of higher education or consortium of institutions of higher education enter into an agreement with the Secretary under which the institution or consortium agrees—
(1)
to collaborate directly with the Food and Drug Administration to publish the reports required by subsection (g);
(2)
to share data with the Food and Drug Administration regarding best practices and research generated through the funding under subsection (f);
(3)
to develop, along with industry partners (which may include large and small biopharmaceutical manufacturers, generic and nonprescription manufacturers, and contract research organizations or contract manufacturers that carry out drug development and manufacturing activities) and another institution or consortium designated under this section, if any, a roadmap for developing an advanced and continuous pharmaceutical manufacturing workforce;
(4)
to develop, along with industry partners and other institutions or consortia of such institutions designated under this section, a roadmap for strengthening existing, and developing new, relationships with other institutions of higher education or consortia thereof; and
(5)
to provide an annual report to the Food and Drug Administration regarding the institution’s or consortium’s activities under this section, including a description of how the institution or consortium continues to meet and make progress on the criteria specified in subsection (c).
(f)

Funding
(1)

In general
The Secretary shall award funding, through grants, contracts, or cooperative agreements, to the National Centers of Excellence designated under this section for the purpose of studying and recommending improvements to advanced and continuous pharmaceutical manufacturing, including such improvements as may enable the Centers—
(A)
to continue to meet the conditions specified in subsection (e);
(B)
to expand capacity for research on, and development of, advanced and continuous pharmaceutical manufacturing; and
(C)
to implement research infrastructure in advanced and continuous pharmaceutical manufacturing suitable for accelerating the development of drug products needed to respond to emerging medical threats, such as emerging drug shortages, quality issues disrupting the supply chain, epidemics and pandemics, and other such situations requiring the rapid development of new products or new manufacturing processes.
(2)

Consistency with FDA mission
As a condition on receipt of funding under this subsection, a National Center of Excellence shall agree to consider any input from the Secretary regarding the use of funding that would —
(A)
help to further the advancement of advanced and continuous pharmaceutical manufacturing through the National Center of Excellence; and
(B)
be relevant to the mission of the Food and Drug Administration.
(3)

Rule of construction
Nothing in this section shall be construed as precluding a National Center for Excellence designated under this section from receiving funds under any other provision of this Act or any other Federal law.
(g)

Annual review and reports
(1)

Annual report
Beginning not later than one year after the date on which the first designation is made under subsection (a), and annually thereafter, the Secretary shall—
(A)
submit to Congress a report describing the activities, partnerships and collaborations, Federal policy recommendations, previous and continuing funding, and findings of, and any other applicable information from, the National Centers of Excellence designated under this section;
(B)
include in such report an accounting of the Federal administrative expenses described in subsection (i)(2) over the reporting period; and
(C)
make such report available to the public in an easily accessible electronic format on the website of the Food and Drug Administration.
(2)

Review of National Centers of Excellence and potential designees
The Secretary shall periodically review the National Centers of Excellence designated under this section to ensure that such National Centers of Excellence continue to meet the criteria for designation under this section.
(3)

Report on long-term vision of FDA role
Not later than 2 years after the date on which the first designation is made under subsection (a), the Secretary, in consultation with the National Centers of Excellence designated under this section, shall submit a report to the Congress on the long-term vision of the Department of Health and Human Services on the role of the Food and Drug Administration in supporting advanced and continuous pharmaceutical manufacturing, including—
(A)
a national framework of principles related to the implementation and regulation of advanced and continuous pharmaceutical manufacturing;
(B)
a plan for the development of Federal regulations and guidance for how advanced and continuous pharmaceutical manufacturing can be incorporated into the development of pharmaceuticals and regulatory responsibilities of the Food and Drug Administration;
(C)
a plan for development of Federal regulations or guidance for how advanced and continuous pharmaceutical manufacturing will be reviewed by the Food and Drug Administration; and
(D)
appropriate feedback solicited from the public, which may include other institutions of higher education, large and small biopharmaceutical manufacturers, generic and nonprescription manufacturers, and contract manufacturers.
(h)

Definitions
In this section:
(1)

Advanced
The term advanced, with respect to pharmaceutical manufacturing, refers to an approach that incorporates novel technology, or uses an established technique or technology in a new or innovative way, that enhances drug quality or improves the performance of a manufacturing process.
(2)

Continuous
The term continuous, with respect to pharmaceutical manufacturing, refers to a process—
(A)
where the input materials are continuously fed into and transformed within the process, and the processed output materials are continuously removed from the system; and
(B)
that consists of an integrated process that consists of a series of two or more simultaneous unit operations.
(3)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4)

Secretary
The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.
(i)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated to carry out this section $100,000,000 for the period of fiscal years 2022 through 2026.
(2)

Federal administrative expenses
Of the amounts made available to carry out this section for a fiscal year, the Secretary shall not use more than eight percent for Federal administrative expenses, including training, technical assistance, reporting, and evaluation.”.
(b)

Transition rule
Section 3016 of the 21st Century Cures Act (21 U.S.C. 399h), as in effect on the day before the date of the enactment of this section, shall apply with respect to grants awarded under such section before such date of enactment.
(c)

Clerical amendment
The item relating to section 3016 in the table of contents in section 1(b) of the 21st Century Cures Act (Public Law 114–255) is amended to read as follows:
“Sec. 3016. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing.”.
20402.

Notification, nondistribution, and recall of drugs
(a)

Order to cease distribution and recall
Section 569D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–8d) is amended—
(1)
in the section heading, by striking “controlled substances” and inserting “drugs”;
(2)
by striking “controlled substance” each place such term appears and inserting “drug”;
(3)
in subsection (b)—
(A)
by striking “controlled substances” and inserting “drugs”; and
(B)
by inserting “of subsection (a)” after “an order pursuant to paragraph (1) or an amended order pursuant to subparagraph (B) or (C) of paragraph (3)”; and
(4)
in subsection (c), by striking “or an official senior to such Director” and inserting “or the Director of the Center for Biologics Evaluation and Research (or an official senior to either such Director)”.
(b)

Imports and exports
Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended by striking “is a controlled substance subject to an order under section 569D” and inserting “is a drug subject to an order under section 569D”.
20403.

Reporting requirement for drug manufacturers
(a)

Establishments in a foreign country
Section 510(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is amended by inserting at the end the following:
“(5)
The requirements of paragraphs (1) and (2) shall apply to establishments within a foreign country engaged in the manufacture, preparation, propagation, compounding, or processing of any drug, including the active pharmaceutical ingredient, that is required to be listed pursuant to subsection (j). Such requirements shall apply regardless of whether the drug or active pharmaceutical ingredient undergoes further manufacture, preparation, propagation, compounding, or processing at a separate establishment or establishments outside the United States prior to being imported or offered for import into the United States.”.
(b)

Listing of drugs
Section 510(j)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(1)) is amended—
(1)
in subparagraph (D), by striking “and” at the end;
(2)
in subparagraph (E), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(F)
in the case of a drug contained in the applicable list, a certification that the registrant has—
(i)
identified every other establishment where manufacturing is performed for the drug; and
(ii)
notified each known foreign establishment engaged in the manufacture, preparation, propagation, compounding, or processing of the drug, including the active pharmaceutical ingredient, of the inclusion of the drug in the list and the obligation to register.”.
(c)

Quarterly reporting on amount of drugs manufactured
Section 510(j)(3)(A) of the Federal Food, Drug, and Cosmetic Act (as added by section 3112 of the CARES Act (Public Law 116–136)) is amended by striking “annually” and inserting “once during the month of March of each year, once during the month of June of each year, once during the month of September of each year, and once during the month of December of each year”.
20404.

Enhanced penalties for false information and records destruction
(a)

Prohibition of false information and record destruction
Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:
“(fff)
The intentional material falsification, fabrication, destruction, omission, or removal of the whole or any part of records or information that is—
(1)
required under this Act—
(A)
to be produced during the development or manufacture of a drug; or
(B)
to be produced or maintained by the sponsor of an application for the approval of a drug under section 505 or the holder of an approved application for a drug under section 505; or
(2)
subject to inspection under this Act by the Secretary.”.
(b)

Penalties
Section 303(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) is amended—
(1)
in subparagraphs (A) and (C) of paragraph (5), by striking or “or (9)” each place it appears and inserting “(9), or (10)”; and
(2)
by adding at the end the following:
“(10)
Notwithstanding subsection (a), any person who violates section 301(fff) shall be subject to—
(A)
a civil monetary penalty not to exceed—
(i)
$1,000,000 per violation; and
(ii)
$10,000,000 for all violations (excluding those described in subparagraph (B)) adjudicated in a single proceeding; and
(B)
in the case of a violation that continues after the Secretary provides written notice to such person, if such person does not sufficiently remedy the violation, including by producing corrected records or information, additional civil penalties not to exceed—
(i)
$1,000,000 for the first 30-day period (or any portion thereof) following such notice during which such person continues to be in violation;
(ii)
for each such 30-day period thereafter, the amount that is double the amount actually imposed for the preceding 30-day period, not to exceed $2,000,000 for any 30-day period; and
(iii)
$20,000,000 for all violations described in this subparagraph adjudicated in a single proceeding.”.
B

Strengthening America’s Strategic National Stockpile
20411.

Reimbursable transfers
Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by amending paragraph (6) to read as follows:
“(6)

Transfers and reimbursements
(A)

In general
Without regard to chapter 5 of title 40, United States Code, the Secretary may transfer to any Federal department or agency, on a reimbursable basis, any drugs, vaccines and other biological products, medical devices, and other supplies in the stockpile if—
(i)
the transferred supplies are less than one year from expiry;
(ii)
the stockpile is able to replenish the supplies, as appropriate; and
(iii)
the Secretary decides the transfer is in the best interest of the United States Government.
(B)

Use of reimbursement
Reimbursement derived from the transfer of supplies pursuant to subparagraph (A) may, to the extent and in the amounts made available in advance in appropriations Acts, be used by the Secretary to carry out this section. Funds made available pursuant to the preceding sentence are in addition to any other funds that may be made available for such purpose.
(C)

Rule of construction
This paragraph shall not be construed to preclude transfers of products in the stockpile under other authorities.
(D)

Report
Not later than September 30, 2023, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on each transfer made under this paragraph and the amount received by the Secretary in exchange for that transfer.
(E)

Sunset
The authority to make transfers under this paragraph shall cease to be effective on September 30, 2024.” .
20412.

Equipment maintenance
Section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) is amended—
(1)
in subsection (a)(3)—
(A)
in subparagraph (I), by striking “; and” and inserting a semicolon;
(B)
in subparagraph (J), by striking the period at the end and inserting a semicolon; and
(C)
by inserting the following new subparagraph at the end:
“(K)
ensure contents of the stockpile remain in good working order and, as appropriate, conduct maintenance services on contents of the stockpile; and”; and
(2)
in subsection (c)(7)(B), by adding at the end the following new clause:
“(ix)

Equipment maintenance service
In carrying out this section, the Secretary may enter into contracts for the procurement of equipment maintenance services.” .
20413.

Supply chain flexibility manufacturing pilot
(a)

In general
Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)), as amended by section 20412, is further amended by adding at the end the following new subparagraph:
“(L)
enhance medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, and other medical devices (including diagnostic tests) ) by—
(i)
increasing emergency stock of critical medical supplies;
(ii)
geographically diversifying domestic production of such medical supplies, as appropriate;
(iii)
entering into cooperative agreements or partnerships with respect to manufacturing lines, facilities, and equipment for the domestic production of such medical supplies, taking into consideration entering into such cooperative agreements or partnerships with small and medium manufacturers of such medical supplies; and
(iv)
managing, either directly or through cooperative agreements with manufacturers and distributors, domestic reserves established under this subparagraph by refreshing and replenishing stock of such medical supplies.”.
(b)

Reporting; sunset
Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)), as amended by section 20411, is further amended by adding at the end the following:
“(7)

Reporting
Not later than September 30, 2023, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report on the details of each cooperative agreement or partnership entered into under paragraph (3)(L), including the amount expended by the Secretary on each such cooperative agreement or partnership.
(8)

Sunset
The authority to enter into cooperative agreements or partnerships pursuant to paragraph (3)(L) shall cease to be effective on September 30, 2024.”.
(c)

Funding
Section 319F–2(f) of the Public Health Service Act (42 U.S.C. 247d–6b(f)) is amended by adding at the end the following:
“(3)

Supply chain elasticity
(A)

In general
For the purpose of carrying out subsection (a)(3)(L), there is authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.
(B)

Relation to other amounts
The amount authorized to be appropriated by subparagraph (A) for the purpose of carrying out subsection (a)(3)(L) is in addition to any other amounts available for such purpose.”.
20414.

GAO study on the feasibility and benefits of a user fee agreement
(a)

In general
The Comptroller General of the United States shall conduct a study to investigate the feasibility of establishing user fees to offset certain Federal costs attributable to the procurement of single-source materials for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) and distributions of such materials from the Stockpile. In conducting this study, the Comptroller General shall consider, to the extent information is available—
(1)
whether entities receiving such distributions generate profits from those distributions;
(2)
any Federal costs attributable to such distributions;
(3)
whether such user fees would provide the Secretary with funding to potentially offset procurement costs of such materials for the Strategic National Stockpile; and
(4)
any other issues the Comptroller General identifies as relevant.
(b)

Report
Not later than February 1, 2024, the Comptroller General of the United States shall submit to the Congress a report on the findings and conclusions of the study under subsection (a).
20415.

Grants for State strategic stockpiles
Title III of the Public Health Service Act is amended by inserting after section 319F–4 of such Act (42 U.S.C. 247d–6e) the following new section:
“319F–5.

Grants for State strategic stockpiles
(a)

In general
The Secretary may establish a pilot program consisting of awarding grants to States to expand or maintain a strategic stockpile of commercially available drugs, devices, personal protective equipment, and other products deemed by the State to be essential in the event of a public health emergency.
(b)

Allowable use of funds
(1)

Uses
A State receiving a grant under this section may use the grant funds to—
(A)
acquire commercially available products listed pursuant to paragraph (2) for inclusion in the State’s strategic stockpile;
(B)
store, maintain, and distribute products in such stockpile; and
(C)
conduct planning in connection with such activities.
(2)

List
The Secretary shall develop and publish a list of the products that are eligible, as described in subsection (a), for inclusion in a State’s strategic stockpile using funds received under this section.
(3)

Consultation
In developing the list under paragraph (2) and otherwise determining the allowable uses of grant funds under this section, the Secretary shall consult with States and relevant stakeholders, including public health organizations.
(c)

Funding requirement
The Secretary may not obligate or expend any funds to award grants or fund any previously awarded grants under this section for a fiscal year unless the total amount made available to carry out section 319F–2 for such fiscal year is equal to or greater than the total amount of funds made available to carry out section 319F–2 for fiscal year 2022.
(d)

Matching funds
(1)

In general
With respect to the costs of expanding and maintaining a strategic stockpile through a grant under this section, as a condition on receipt of the grant, a State shall make available (directly) non-Federal contributions in cash toward such costs in an amount that is equal to not less than the amount of Federal funds provided through the grant.
(2)

Waiver
The Secretary may waive the requirement of paragraph (1) with respect to a State for the first two years of the State receiving a grant under this section if the Secretary determines that such waiver is needed for the State to establish a strategic stockpile described in subsection (a).
(e)

Technical assistance
The Secretary shall provide technical assistance to States in establishing, expanding, and maintaining a stockpile described in subsection (a).
(f)

Definition
In this section, the term drug has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act.
(g)

Authorization of appropriations
To carry out this section, there is authorized to be appropriated $3,500,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.
(h)

Sunset
The authority vested by this section terminates at the end of fiscal year 2024.”.
20416.

Action reporting
(a)

In general
The Secretary of Health and Human Services or the Assistant Secretary for Preparedness and Response, in consultation with the Administrator of the Federal Emergency Management Agency, shall—
(1)
not later than 30 days after the date of enactment of this Act, issue a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate regarding all State, local, Tribal, and territorial requests for supplies from the Strategic National Stockpile related to COVID–19; and
(2)
not less than every 30 days thereafter through the end of the emergency period (as such term is defined in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B))), submit to such committees an updated version of such report.
(b)

Reporting period
(1)

Initial report
The initial report under subsection (a) shall address all requests described in such subsection made during the period—
(A)
beginning on January 31, 2020; and
(B)
ending on the date that is 30 days before the date of submission of the report.
(2)

Updates
Each update to the report under subsection (a) shall address all requests described in such subsection made during the period—
(A)
beginning at the end of the previous reporting period under this section; and
(B)
ending on the date that is 30 days before the date of submission of the updated report.
(c)

Contents of report
The report under subsection (a) (and updates thereto) shall include—
(1)
the details of each request described in such subsection, including—
(A)
the specific medical countermeasures, devices, personal protective equipment, and other materials requested; and
(B)
the amount of such materials requested; and
(2)
the outcomes of each request described in subsection (a), including—
(A)
whether the request was wholly fulfilled, partially fulfilled, or denied;
(B)
if the request was wholly or partially fulfilled, the fulfillment amount; and
(C)
if the request was partially fulfilled or denied, a rationale for such outcome.
20417.

Improved, transparent processes
(a)

In general
Not later than January 1, 2023, the Secretary of Health and Human Services shall develop and implement improved, transparent processes for the use and distribution of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests) in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) (in this section referred to as the “Stockpile”).
(b)

Processes
The processes developed under subsection (a) shall include—
(1)
the form and manner in which States, localities, Tribes, and territories are required to submit requests for supplies from the Stockpile;
(2)
the criteria used by the Secretary of Health and Human Services in responding to such requests, including the reasons for fulfilling or denying such requests;
(3)
what circumstances result in prioritization of distribution of supplies from the Stockpile to States, localities, Tribes, or territories;
(4)
clear plans for future, urgent communication between the Secretary and States, localities, Tribes, and territories regarding the outcome of such requests; and
(5)
any differences in the processes developed under subsection (a) for geographically related emergencies, such as weather events, and national emergencies, such as pandemics.
(c)

Classification
The processes developed under subsection (a) shall be unclassified to the greatest extent possible consistent with national security. The Secretary of Health and Human Services may classify portions of such processes as necessary to protect national security.
(d)

Report to Congress
Not later than January 1, 2024, the Secretary of Health and Human Services shall—
(1)
submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate regarding the improved, transparent processes developed under this section;
(2)
include in such report recommendations for opportunities for communication (by telebriefing, phone calls, or in-person meetings) between the Secretary and States, localities, Tribes, and territories regarding such improved, transparent processes; and
(3)
submit such report in unclassified form to the greatest extent possible, except that the Secretary may include a classified appendix if necessary to protect national security.
20418.

Authorization of appropriations
Section 319F–2(f)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(f)(1)) is amended by striking “$610,000,000 for each of fiscal years 2019 through 2023” and inserting “$705,000,000 for each of fiscal years 2022 through 2024”.
20419.

GAO report on automated supply-chain tracking application
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress on the possibility of the establishment of an automated supply-chain tracking application that provides near real-time insight into the amount of critical medical and health supplies available in the stockpile under section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)). Such report shall contain an evaluation of—
(1)
the feasibility of such an application; and
(2)
the potential benefits of such an application.
20420.

High-quality masks for children
(a)

Inclusion in stockpile
Section 319F–2(a)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(1)) is amended by inserting after “shall maintain a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment” the following: “(which may include high-quality pediatric masks, a percentage of which may be small adult masks for pediatric use)”.
(b)

Guidance for pediatric masks
The Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health, pediatricians, child health care provider organizations, manufacturers, and other relevant stakeholders, shall—
(1)
develop guidelines for the use of respirators, barrier face coverings, or masks for use in pediatric populations, which may be made available through the Strategic National Stockpile under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) for public health emergencies declared under section 319 of such Act (42 U.S.C. 247d); and
(2)
not later than 180 days after the date of enactment of this Act, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report on pediatric masks that includes the guidelines developed under paragraph (1).
D

Committee on Foreign Affairs
30000.

Short title
(a)

Short title
This division may be cited as the “Ensuring American Global Leadership and Engagement Act” or the “EAGLE Act”.
30001.

Definitions
In this division:
(1)

Appropriate congressional committees
Unless otherwise defined, the term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs of the House of Representatives; and
(B)
the Committee on Foreign Relations of the Senate.
(2)

CCP
The term CCP means the Chinese Communist Party.
(3)

People’s Liberation Army; PLA
The terms People’s Liberation Army and PLA mean the armed forces of the People’s Republic of China.
(4)

PRC; China
The terms PRC and China mean the People’s Republic of China.
30002.

Findings
Congress makes the following findings:
(1)
The People’s Republic of China (PRC) is leveraging its political, diplomatic, economic, military, technological, and ideological power to become a strategic, near-peer, global competitor of the United States. The policies increasingly pursued by the PRC in these domains are contrary to the interests and values of the United States, its partners, and much of the rest of the world.
(2)
A number of policies being pursued by the PRC—
(A)
threaten the future character of the international order and are shaping the rules, norms, and institutions that govern relations among states;
(B)
will put at risk the ability of the United States to secure its national interests; and
(C)
will put at risk the future peace, prosperity, and freedom of the international community in the coming decades.
(3)
After normalizing diplomatic relations with the PRC in 1979, the United States actively worked to advance the PRC’s economic and social development to ensure that it participated in, and benefited from, the free and open international order. The United States pursued these goals and contributed to the welfare of the Chinese people by—
(A)
increasing the PRC’s access to global capital markets;
(B)
promoting the PRC’s accession to the World Trade Organization;
(C)
providing development finance and technical assistance;
(D)
promoting research collaboration;
(E)
educating the PRC’s top students;
(F)
permitting transfers of cutting-edge technologies and scientific knowledge; and
(G)
providing intelligence and military assistance.
(4)
It is now clear that the PRC has chosen to pursue state-led, mercantilist economic policies, an increasingly authoritarian governance model at home through increased restrictions on personal freedoms, and an aggressive and assertive foreign policy. These policies frequently and deliberately undermine United States interests and are contrary to core United States values and the values of other nations, both in the Indo-Pacific and beyond. In response to this strategic decision of the CCP, the United States has been compelled to reexamine and revise its strategy towards the PRC and reanimate its defense of the international order.
(5)
The General Secretary of the CCP and the Chairman of the People’s Republic of China, Xi Jinping, has elevated the “Great Rejuvenation of the Chinese Nation” as central to the domestic and foreign policy of the PRC. His program demands—
(A)
strong, centralized CCP leadership;
(B)
concentration of military power;
(C)
a dominant role for the CCP in the state and the economy;
(D)
an aggressive foreign policy seeking control over broadly asserted territorial claims; and
(E)
the denial of any universal values and individual rights that are deemed to threaten the CCP.
(6)
The PRC views its Leninist model of governance as superior to, and at odds with, the constitutional models of the United States and other democracies. This approach to governance is lauded by the CCP as essential to securing the PRC’s status as a global leader, and to shaping the future of the world. In a 2013 speech, General Secretary Xi said, “We firmly believe that as socialism with Chinese characteristics develops further * * * it is * * * inevitable that the superiority of our socialist system will be increasingly apparent * * * [and] our country’s road of development will have increasingly greater influence on the world.”.
(7)
The PRC’s objectives are to first establish regional hegemony over the Indo-Pacific and then to use that dominant position to propel the PRC to become the “leading world power”, shaping an international order that is conducive to its interests. Achieving these objectives requires turning the PRC into a wealthy nation under strict CCP rule by using a strong military and advanced technological capability to pursue the PRC’s objectives, regardless of other countries’ interests.
(8)
The PRC is reshaping the current international order, which is built upon the rule of law and free and open ideals and principles, by conducting global information and influence operations, seeking to redefine international laws and norms to align with the objectives of the CCP, rejecting the legitimacy of internationally recognized human rights, and seeking to co-opt the leadership and agenda of multinational organizations for the benefit of the PRC and other authoritarian regimes at the expense of the interests of the United States and the international community.
(9)
The PRC is encouraging other countries to follow its model of development and governance. During the 19th Party Congress in 2017, General Secretary Xi said that the PRC could serve as a model of development for other countries by utilizing “Chinese wisdom” and a “Chinese approach to solving problems”.
(10)
The PRC is promoting its governance model and attempting to weaken other models of governance by—
(A)
undermining democratic institutions;
(B)
subverting financial institutions;
(C)
coercing businesses to accommodate the policies of the PRC; and
(D)
using disinformation to disguise the nature of the actions described in subparagraphs (A) through (C).
(11)
The PRC is progressing toward becoming the global leader in science and technology. In May 2018, General Secretary Xi said that for the PRC to reach “prosperity and rejuvenation”, it needs to “endeavor to be a major world center for science and innovation”. The PRC has invested the equivalent of billions of dollars into education and research and development and established joint scientific research centers and science universities.
(12)
The PRC’s drive to become a “manufacturing and technological superpower” and to promote “innovation with Chinese characteristics” is coming at the expense of human rights and longstanding international rules and norms with respect to economic competition, and presents a challenge to United States national security and the security of allies and like-minded countries. In particular, the PRC advances its illiberal political and social policies through mass surveillance, social credit systems, and a significant role of the state in internet governance. Through these means, the PRC increases direct and indirect government control over its citizens’ everyday lives. Its national strategy of “civil-military fusion” mandates that civil and commercial research, which increasingly drives global innovation, is leveraged to develop new military capabilities.
(13)
The PRC is using legal and illegal means to achieve its objective of becoming a manufacturing and technological superpower. The PRC uses state-directed industrial policies in anticompetitive ways to ensure the dominance of PRC companies. The CCP engages in and encourages actions that actively undermine a free and open international market, such as intellectual property theft, forced technology transfers, regulatory and financial subsidies, and mandatory CCP access to proprietary data as part of business and commercial agreements between Chinese and foreign companies.
(14)
The policies referred to in paragraph (13) are designed to freeze United States and other foreign firms out of the PRC market, while eroding competition in other important markets. The heavy subsidization of Chinese companies includes potential violation of its World Trade Organization commitments. In May 2018, General Secretary Xi said that the PRC aims to keep the “initiatives of innovation and development security * * * in [China’s] own hands”.
(15)
The PRC is advancing its global objectives through a variety of avenues, including its signature initiative, the Belt and Road Initiative (referred to in this subsection as “BRI”), which is enshrined in the Chinese Constitution and includes the Digital Silk Road and Health Silk Road. The PRC describes BRI as a straightforward and wholly beneficial plan for all countries. Eventually, it seeks to create a web of economic relations with the PRC at its center, making it the most concrete geographical representation of the PRC’s global ambitions. BRI increases the economic influence of state-owned PRC firms in global markets, enhances the PRC’s political leverage with government leaders around the world, and provides greater access to strategic nodes such as ports and railways. Through BRI, the PRC seeks political deference through economic dependence.
(16)
The PRC is executing a plan to establish regional hegemony over the Indo-Pacific and displace the United States from the region. As a Pacific power, the United States has built and supported enduring alliances and economic partnerships that secure peace and prosperity and promote the rule of law and political pluralism in a free and open Indo-Pacific. In contrast, the PRC uses economic and military coercion in the region to secure its own interests.
(17)
The PRC’s military strategy seeks to keep the United States military from operating in the Western Pacific and erodes United States security guarantees.
(18)
The PRC is aggressively pursuing exclusive control of critical land routes, sea lanes, and air space in the Indo-Pacific in the hopes of eventually exercising greater influence beyond the region. This includes lanes crucial to commercial activity, energy exploration, transport, and the exercise of security operations in areas permitted under international law.
(19)
The PRC seeks so-called “reunification” with Taiwan through whatever means may ultimately be required. The CCP’s insistence that so-called “reunification” is Taiwan’s only option makes this goal inherently coercive. In January 2019, General Secretary Xi stated that the PRC “make[s] no promise to renounce the use of force and reserve[s] the option of taking all necessary means”. Taiwan’s embodiment of democratic values and economic liberalism challenges General Secretary Xi’s goal of achieving national rejuvenation. The PRC plans to exploit Taiwan’s dominant strategic position in the First Island Chain and to project power into the Second Island Chain and beyond.
(20)
In the South China Sea, the PRC has executed an illegal island-building campaign that threatens freedom of navigation and the free-flow of commerce, damages the environment, bolsters the PLA power projection capabilities, and coerces and intimidates other regional claimants in an effort to advance its unlawful claims and control the waters around neighboring countries. Despite General Secretary Xi’s September 2015 speech, in which he said the PRC was not militarizing the South China Sea, during the 2017 19th Party Congress, General Secretary Xi announced that “construction on islands and reefs in the South China Sea have seen steady progress”.
(21)
The PRC is rapidly modernizing the PLA to attain a level of capacity and capability superior to the United States in terms of equipment and conduct of modern military operations by shifting its military doctrine from having a force “adequate [for] China’s defensive needs” to having a force “commensurate with China’s international status”. Ultimately, this transformation could enable China to impose its will in the Indo-Pacific region through the threat of military force. In 2017, General Secretary Xi established the following developmental benchmarks for the advancement of the PLA:
(A)
A mechanized force with increased informatized and strategic capabilities by 2020.
(B)
The complete modernization of China’s national defense by 2035.
(C)
The full transformation of the PLA into a world-class force by 2050.
(22)
The PRC’s strategy and supporting policies described in this subsection undermine United States interests, such as—
(A)
upholding a free and open international order;
(B)
maintaining the integrity of international institutions with liberal norms and values;
(C)
preserving a favorable balance of power in the Indo-Pacific;
(D)
ensuring the defense of its allies;
(E)
preserving open sea and air lanes;
(F)
fostering the free flow of commerce through open and transparent markets; and
(G)
promoting individual freedom and human rights.
(23)
The global COVID–19 pandemic has intensified and accelerated these trends in the PRC’s behavior and therefore increased the need for United States global leadership and a competitive posture. The PRC has capitalized on the world’s focus on the COVID–19 pandemic by—
(A)
moving rapidly to undermine Hong Kong’s autonomy, including imposing a so-called “national security law” on Hong Kong;
(B)
aggressively imposing its will in the East and South China Seas;
(C)
increasing its territorial aggression in South Asia, including against India; and
(D)
engaging in a widespread and government-directed disinformation campaign to obscure the PRC Government’s efforts to cover up the seriousness of COVID–19, sow confusion about the origination of the outbreak, and discredit the United States, its allies, and global health efforts.
(24)
The CCP’s disinformation campaign referred to in paragraph (23)(D) has included—
(A)
concerted efforts, in the early days of the pandemic, to downplay the nature and scope of the outbreak in Wuhan in the PRC, as well as cases of person-to-person transmission;
(B)
claims that the virus originated in United States biological defense research at Fort Detrick, Maryland;
(C)
Chinese state media reports insinuating a possible link between the virus and other United States biological facilities; and
(D)
efforts to block access to qualified international infectious disease experts who might contradict the CCP’s narrative.
(25)
In response to the PRC’s strategy and policies, the United States must adopt a policy of strategic competition with the PRC to protect and promote our vital interests and values.
(26)
The United States policy of strategic competition with respect to the People’s Republic of China is part of a broader strategic approach to the Indo-Pacific and the world that aligns with cooperation with United States allies and partners to advance shared values and interests and to preserve and enhance a free, open, democratic, inclusive, rules-based, stable, and diverse region.
(27)
The Asia Reassurance Initiative Act of 2018 (Public Law 115–409) contributed to a comprehensive framework for promoting United State security interests, economic interests, and values in the Indo-Pacific region, investing $7,500,000,000 over 5 years—
(A)
to support greater security and defense cooperation between the United States and allies and partners in the Indo-Pacific region;
(B)
to advance democracy and the protection and promotion of human rights in the Indo-Pacific region;
(C)
to enhance cybersecurity cooperation between the United States and partners in the Indo-Pacific;
(D)
to deepen people-to-people engagement through programs such as the Young Southeast Asian Leaders Initiative and the ASEAN Youth Volunteers program; and
(E)
to enhance energy cooperation and energy security in the Indo-Pacific region.
30003.

Statement of policy
(a)

Objectives
It is the policy of the United States to pursue the following objectives:
(1)
The United States global leadership role is sustained and its political system and major foundations of national power are secured for the long-term in the political, economic, technological, and military domains.
(2)
The United States position as an indispensable power in the Indo-Pacific and globally is sustained through diplomacy, multilateralism, and engagement.
(3)
The United States deters military confrontation with the PRC and both nations work to reduce the risk of conflict.
(4)
The United States and its allies maintain a stable balance of power in the Indo-Pacific with China. The United States and its allies maintain unfettered access to the region, including through freedom of navigation, consistent with international law and practice.
(5)
The allies and partners of the United States—
(A)
maintain confidence in United States leadership and its commitment to the Indo-Pacific region;
(B)
can withstand and combat subversion by the PRC; and
(C)
work closely with the United States in setting global rules, norms, and standards that benefit the international community.
(6)
The combined economic and military strength of the United States and its allies and partners demonstrates to the PRC that the risks of attempts to dominate other states outweigh the potential benefits.
(7)
The United States leads the free, open, and rules-based international order, which comprises resilient states and institutions that uphold and defend principles, such as sovereignty, rule of law, individual freedom, and human rights. The international order is strong enough to withstand attempts at destabilization by illiberal and authoritarian actors.
(8)
The key rules, norms, and standards of international engagement in the 21st century are maintained, including—
(A)
the protection of human rights, commercial engagement and investment, and technology; and
(B)
that such rules, norms, and standards are in alignment with the values and interests of the United States, its allies and partners, and other stakeholders in the liberal international order.
(9)
The United States counters attempts by the PRC to—
(A)
undermine open and democratic societies;
(B)
distort global markets;
(C)
coerce other nations via economic, cyber, and military means; or
(D)
use its technological advantages to undermine individual freedoms or other states’ national security interests.
(10)
The United States deters military confrontation with the PRC and both nations work to reduce the risk of conflict.
(b)

Policy
It is the policy of the United States, in pursuit of the objectives set forth in subsection (a)—
(1)
to strengthen the United States domestic foundation by reinvesting in market-based economic growth, education, scientific and technological innovation, democratic institutions, and other areas that improve the ability of the United States to pursue its vital economic, foreign policy, and national security interests;
(2)
to pursue a strategy of strategic competition with the PRC in the political, diplomatic, economic, development, security, informational, and technological realms to maximize the United States’ strengths and increase the costs for the PRC of harming the interests and values of the United States and its partners and allies;
(3)
to lead a free, open, and secure international system characterized by the rule of law, open markets and the free flow of commerce, and a shared commitment to security and peaceful resolution of disputes, human rights, good and transparent governance, freedom from coercion, and a unified response to the threat of climate change;
(4)
to strengthen and deepen United States alliances and partnerships by pursuing greater bilateral and multilateral cooperative initiatives that advance shared interests and values and bolster partner countries’ confidence that the United States is and will remain a strong, committed, and reliable partner that respects the views and interests of its allies and friends;
(5)
to encourage and collaborate with United States allies and partners in boosting their own capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure;
(6)
to pursue fair, reciprocal treatment and healthy, constructive competition in United States-China economic relations by improving United States laws and regulations as necessary to prevent any PRC attempts to harm United States economic competitiveness;
(7)
to demonstrate the value of private sector-led growth in emerging markets around the world, including through the use of United States Government tools that—
(A)
support greater private sector investment and advance capacity-building initiatives that are grounded in the rule of law;
(B)
promote open markets;
(C)
establish clear policy and regulatory frameworks;
(D)
improve the management of key economic sectors;
(E)
combat corruption;
(F)
foster and support greater collaboration with and among partner countries and the United States private sector to develop secure and sustainable infrastructure; and
(G)
support American workers and create American jobs;
(8)
to conduct vigorous commercial diplomacy in support of United States companies and businesses in partner countries that seek fair competition;
(9)
to ensure that the United States is second to none in the innovation of critical and emerging technologies, such as next-generation telecommunications, artificial intelligence, quantum computing, semiconductors, and biotechnology, by—
(A)
providing necessary investment and concrete incentives for the private sector to accelerate development of such technologies;
(B)
modernizing export controls and investment screening regimes and associated policies and regulations;
(C)
enhancing the role of the United States in technical standards-setting bodies;
(D)
reducing United States barriers and increasing incentives for collaboration with allies and partners on the research and co-development of critical technologies;
(E)
collaborating with allies and partners to protect critical technologies by—
(i)
coordinating and aligning export control measures;
(ii)
building capacity for defense technology security;
(iii)
safeguarding chokepoints in strategically critical supply chains; and
(iv)
ensuring diversification; and
(F)
designing major defense capabilities for export to vetted allies and partners;
(10)
to collaborate with like-minded democracies and other willing partners to promote ideals and principles that—
(A)
advance a free and open international order;
(B)
strengthen democratic institutions;
(C)
protect and promote human rights; and
(D)
uphold a free press and fact-based reporting;
(11)
to develop comprehensive strategies and policies to counter PRC disinformation campaigns;
(12)
to demonstrate effective leadership at the United Nations, its associated agencies, and other multilateral organizations and ensure the integrity and effectiveness of these organizations in facilitating solutions to global challenges;
(13)
to advocate for the defense of fundamental freedoms and human rights in the United States relationship with the PRC;
(14)
to cooperate with allies, partners, and multilateral organizations that sustain and strengthen a free and open order and address regional and global challenges posed by the Government of the PRC regarding—
(A)
violations and abuses of human rights;
(B)
restrictions on religious practices; and
(C)
the undermining and abrogation of treaties, other international agreements, and other international norms related to human rights;
(15)
to expose the PRC’s use of corruption, repression, and coercion to attain unfair economic advantages or compel other nations to defer to its political and strategic objectives in ways that threaten the United States or its allies and partners;
(16)
to maintain United States access to the Western Pacific, including through necessary investments in United States military capabilities, policies, and concepts in the Indo-Pacific, as well as robust cooperation, exercises, and interoperability with allies and partners;
(17)
to deter the PRC from—
(A)
initiating armed conflict;
(B)
coercing nations; or
(C)
using grey-zone tactics below the level of armed conflict;
(18)
to strengthen United States-PRC military-to-military communication and improve both military and civilian crisis avoidance and management procedures to de-conflict operations and reduce the risk of unwanted conflict, including through high-level visits and recurrent exchanges between civilian and military officials and other measures, in alignment with United States interests; and
(19)
to strengthen stability and reduce suspicions, cooperate with the PRC when interests align, including through bilateral or multilateral means and at the United Nations, as appropriate, and especially in the following areas—
(A)
global fight against climate change;
(B)
nuclear security; and
(C)
global financial stability.
30004.

Sense of Congress
(a)

In general
It is the sense of Congress that the execution of the policy described in section 30003(b) requires the following actions:
(1)
Revitalizing American leadership globally and in the Indo-Pacific will require the United States—
(A)
to marshal sustained political will to protect its vital interests, promote its values, and advance its economic and national security objectives; and
(B)
to achieve this sustained political will, persuade the American people and United States allies and partners of—
(i)
the current challenges facing the international rules based order; and
(ii)
the need for long-term investments and engagement to defend shared interests and values.
(2)
The United States must coordinate closely with allies and partners to compete effectively with the PRC, including to encourage allies and partners to assume, as appropriate, greater roles in balancing and checking aggressive PRC behavior.
(3)
Effective United States strategy toward China requires—
(A)
bipartisan cooperation within Congress; and
(B)
frequent, sustained, and meaningful collaboration and consultation between the executive branch and Congress.
(4)
The United States must ensure close integration among economic and foreign policymakers and provide support to the private sector, civil society, universities and academic institutions, and other relevant actors in free and open societies to enable such actors—
(A)
to collaborate to advance common interests; and
(B)
to identify appropriate policies—
(i)
to strengthen the United States and its allies; and
(ii)
to promote a compelling vision of a free and open order.
(5)
The United States must ensure that all Federal departments, agencies, and overseas missions are organized and resourced to effectively defend and advance United States interests, by—
(A)
dedicating more personnel in the Indo-Pacific region, at posts around the world, and in Washington, DC;
(B)
placing greater numbers of foreign service officers, international development professionals, members of the foreign commercial service, intelligence professionals, and other United States Government personnel in the Indo-Pacific region; and
(C)
ensuring that this workforce has the training, demonstrated proficiency in language and culture, technical skills, and other competencies required to advance a successful strategy in relation to the PRC.
(6)
The United States must place renewed priority and emphasis on strengthening the nonmilitary instruments of national power, including diplomacy, information, technology, economics, foreign assistance and development finance, commerce, intelligence, and law enforcement, which are crucial for addressing the challenges posed by the PRC.
(7)
The United States must sustain military capabilities necessary to achieve United States political objectives in the Indo-Pacific, including—
(A)
promoting regional security in the Indo-Pacific;
(B)
reassuring allies and partners while protecting them from coercion; and
(C)
deterring PRC aggression and preventing unwanted conflict.
(8)
Competition with the PRC requires skillful adaptation to the information environment of the 21st century. United States public diplomacy and messaging efforts must effectively—
(A)
promote the value of partnership with the United States; and
(B)
counter CCP propaganda and disinformation that threatens United States interests.
(9)
The United States must ensure key environmental, energy management, labor, and social responsibility standards are maintained across the technology supply chain, including—
(A)
prohibitions on human trafficking and fundamental rights outlined in the International Labor Organization (ILO) Declaration on the Fundamental Principles and Rights at Work and as defined by the ILO Conventions; and
(B)
that such rules, norms, and standards are in alignment with the values and interests of the United States, its allies and partners, and other stakeholders in the liberal international order.
(b)

Further sense
It is further the sense of Congress that—
(1)
it is in the national interest for the United States to become a formal signatory of the United Nations Convention on the Law of the Sea (UNCLOS), done at Montego Bay, Jamaica, December 10, 1982; and
(2)
the ratification of the UNCLOS remains a top priority of the United States Navy and the United States Coast Guard, the importance of which was most recently underscored by the strategic challenges the United States faces in the Asia-Pacific, the Arctic, and the Black Sea regions.
30005.

Rules of construction
(a)

Applicability of existing restrictions on assistance to foreign security forces
Nothing in this division shall be construed to diminish, supplant, supersede, or otherwise restrict or prevent responsibilities of the United States Government under section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) or section 362 of title 10, United States Code.
(b)

No authorization for the use of military force
Nothing in this division may be construed as authorizing the use of military force.
I

Investing in American Competitiveness
A

Science and technology
30101.

Authorization to assist United States companies with global supply chain diversification and management
(a)

Authorization to contract services
The Secretary of State, in coordination with the Secretary of Commerce, is authorized to establish a program to facilitate the contracting by the Department of State for the professional services of qualified experts, on a reimbursable fee for service basis, to assist interested United States persons and business entities with supply chain management issues related to the People’s Republic of China (PRC), including—
(1)
exiting from the PRC market or relocating certain production facilities to locations outside the PRC;
(2)
diversifying sources of inputs, and other efforts to diversify supply chains to locations outside of the PRC;
(3)
navigating legal, regulatory, or other challenges in the course of the activities described in paragraphs (1) and (2); and
(4)
identifying alternative markets for production or sourcing outside of the PRC, including through providing market intelligence, facilitating contact with reliable local partners as appropriate, and other services.
(b)

Chief of mission oversight
The persons contracted to perform the services described in subsection (a) shall—
(1)
be under the authority of the United States Chief of Mission in the country in which they are hired, in accordance with existing United States laws;
(2)
coordinate with Department of State and Department of Commerce officers; and
(3)
coordinate with United States missions and relevant local partners in other countries as needed to carry out the services described in subsection (a).
(c)

Prioritization of micro-, small-, and medium-Sized enterprises
The services described in subsection (a) shall be prioritized for assisting micro-, small-, and medium-sized enterprises with regard to the matters described in subsection (a).
(d)

Authorization of appropriations
There is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026 for the purposes of carrying out this section.
(e)

Prohibition on access to assistance by foreign adversaries
None of the funds appropriated pursuant to this section may be provided to an entity—
(1)
under the foreign ownership, control, or influence of the Government of the PRC or the CCP, or other foreign adversary;
(2)
determined to have beneficial ownership from foreign individuals subject to the jurisdiction, direction, or influence of foreign adversaries; and
(3)
that has any contract in effect at the time of the receipt of such funds, or has had a contract within the previous one year that is no longer in effect, with—
(A)
the Government of the PRC;
(B)
the CCP;
(C)
the PLA;
(D)
an entity majority-owned, majority-controlled, or majority-financed by the Government of the PRC, the CCP, or the PLA; or
(E)
a parent, subsidiary, or affiliate of an entity described in subparagraph (D).
(f)

Definitions
The terms foreign ownership, control, or influence and FOCI have the meanings given to those terms in part 117 of title 32, Code of Federal Regulations, or a successor document.
30102.

Report on national technology and industrial base
(a)

Sense of congress
It is the sense of Congress that—
(1)
a more streamlined, shared, and coordinated approach, which leverages economies of scale with major allies, is necessary for the United States to retain its lead in defense technology;
(2)
allowing for the export, re-export, or transfer of defense-related technologies and services to members of the national technology and industrial base (as defined in section 2500 of title 10, United States Code) would advance United States security interests by helping to leverage the defense-related technologies and skilled workforces of trusted allies to reduce the dependence on other countries, including countries that pose challenges to United States interests around the world, for defense-related innovation and investment; and
(3)
it is in the interest of the United States to continue to increase cooperation with Australia, Canada, and the United Kingdom of Great Britain and Northern Ireland to protect critical defense-related technology and services and leverage the investments of like-minded, major ally nations in order to maximize the strategic edge afforded by defense technology innovation.
(b)

Report
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the Committees on Armed Services of the Senate and the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and any other appropriate congressional committees that—
(A)
describes the Department of State’s efforts to facilitate access among the national technology and industrial base to defense articles and services subject to the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)); and
(B)
identifies foreign legal, regulatory, foreign policy, or other challenges or considerations that prevent or frustrate these efforts, to include any gaps in the respective export control regimes implemented by United Kingdom of Great Britain and Northern Ireland, Australia, or Canada.
(2)

Form
This report required under paragraph (1) shall be unclassified, but may include a classified annex.
B

Global Infrastructure and Energy Development
30111.

Appropriate committees of Congress defined
In this subtitle, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2)
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
30112.

Sense of Congress on international quality infrastructure investment standards
(a)

Sense of Congress on collaborative standards
It is the sense of Congress that the United States should initiate collaboration among governments, the private sector, and civil society to encourage the adoption of the standards for quality global infrastructure development advanced by the G20 at Osaka in 2018, including with respect to the following issues:
(1)
Respect for the sovereignty of countries in which infrastructure investments are made.
(2)
Anti-corruption.
(3)
Rule of law.
(4)
Human rights and labor rights.
(5)
Fiscal and debt sustainability.
(6)
Social and governance safeguards.
(7)
Transparency.
(8)
Environmental and energy standards.
(b)

Sense of Congress on commitment to cooperation
It is the sense of Congress that the United States should launch a series of fora around the world showcasing the commitment of the United States and partners of the United States to high-quality development cooperation, including with respect to the issues described in subsection (a).
30113.

Supporting economic independence from the People’s Republic of China
(a)

Finding
It is in the national interest of the United States to establish a coordinated interagency strategy to marshal the resources of the United States Government to provide foreign countries with financing that strengthens independent economic capacity and therefore reduces a foreign government’s need to enter into agreements with the People’s Republic of China (PRC), including to obtain support from its Belt and Road Initiative.
(b)

Strategy
(1)

Authority
Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit a strategy to the relevant congressional committees to use the resources of Federal agencies to counteract offers of assistance and financing from the PRC to foreign governments that are of strategic importance to the United States.
(2)

Components of strategy
The strategy shall—
(A)
identify primary sectors where the United States could provide a competitive advantage to increase a country’s economic independence;
(B)
select countries with corresponding economic needs, with priority given to those who are vulnerable to Chinese economic influence;
(C)
identify any corresponding existing financing available from United States Government entities to prioritize and devise specific financing tailored to the needs of such foreign governments if none are currently available;
(D)
identify any cooperative and complementary assistance and financing from friendly foreign governments, including coordinated assistance and co-financing;
(E)
create a streamlined decision-making process, directed by the National Security Council, to devise financing and make agency decisions and commitments on a timely basis to support United States competitive offers;
(F)
establish a formal G7+European Commission Working Group to develop a comprehensive strategy to develop alternatives to the PRC’s Belt and Road Initiative for development finance; and
(G)
integrate existing efforts into the strategy, including efforts to address the Government of the PRC’s use of the United Nations to advance the Belt and Road Initiative, including the proliferation of memoranda of understanding between the PRC and United Nations funds and programs regarding the implementation of the Belt and Road Initiative.
(3)

Participating agencies
Participating Federal agencies should include the Department of State, Department of the Treasury, United States Agency for International Development (USAID), United States International Development Finance Corporation, Millennium Challenge Corporation, United States Trade and Development Agency, Department of Commerce, the Office of the Director of National Intelligence, and other Federal departments and agencies as appropriate.
(4)

Execution of strategy
The President should issue an Executive order to implement the strategy and make such changes in agency regulations and procedures as are necessary to put the strategy into effect.
(5)

Relevant congressional committees
In this section, the term relevant congressional committees means—
(A)
the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B)
the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate.
(c)

Authority
The Secretary of State, in coordination with the Administrator of the USAID, is authorized to establish or continue an initiative, to be known as the “Infrastructure Transaction and Assistance Network”, under which the Secretary of State, in consultation with other relevant Federal agencies, including those represented on the Global Infrastructure Coordinating Committee, may carry out various programs to advance the development of sustainable, transparent, and high-quality infrastructure worldwide in the Indo-Pacific region by—
(1)
strengthening capacity-building programs to improve project evaluation processes, regulatory and procurement environments, and project preparation capacity of countries that are partners of the United States in such development;
(2)
providing transaction advisory services and project preparation assistance to support sustainable infrastructure; and
(3)
coordinating the provision of United States assistance for the development of infrastructure, including infrastructure that uses United States manufactured goods and services, and catalyzing investment led by the private sector.
(d)

Transaction Advisory Fund
As part of the “Infrastructure Transaction and Assistance Network” described under subsection (c), the Secretary of State is authorized to provide support, including through the Transaction Advisory Fund, for advisory services to help boost the capacity of partner countries to evaluate contracts and assess the financial and environmental impacts of potential infrastructure projects, including through providing services such as—
(1)
legal services;
(2)
project preparation and feasibility studies;
(3)
debt sustainability analyses;
(4)
bid or proposal evaluation; and
(5)
other services relevant to advancing the development of sustainable, transparent, and high-quality infrastructure.
(e)

Strategic Infrastructure Fund
(1)

In general
As part of the “Infrastructure Transaction and Assistance Network” described under subsection (c), the Secretary of State is authorized to provide support, including through the Strategic Infrastructure Fund, for technical assistance, project preparation, pipeline development, and other infrastructure project support.
(2)

Joint strategic infrastructure projects
Funds authorized for the Strategic Infrastructure Fund should be used in coordination with the Department of Defense, the International Development Finance Corporation, like-minded donor partners, and multilateral banks, as appropriate, to support joint infrastructure projects that are in the national security interest of the United States and vulnerable to strategic competitors.
(f)

Authorization of appropriations
There is authorized to be appropriated, for each of fiscal years 2022 to 2026, $75,000,000 to the Infrastructure Transaction and Assistance Network, of which $20,000,000 should be made available for the Transaction Advisory Fund.
30114.

Strategy for advanced and reliable energy infrastructure
(a)

In general
The President shall direct a comprehensive, multi-year, whole of government effort, in consultation with the private sector, to counter predatory lending and financing, including in the form of providing support to companies incorporated in the People’s Republic of China (PRC) that engage in such activities, by the Government of the PRC in the energy sectors of developing countries.
(b)

Policy
It is the policy of the United States to—
(1)
regularly evaluate current and forecasted energy needs and capacities of developing countries, and analyze the presence and involvement of PRC state-owned industries and other companies incorporated in the PRC, Chinese nationals providing labor, and financing of energy projects, including direct financing by the PRC government, PRC financial institutions, or direct state support to state-owned enterprises and other companies incorporated in the PRC;
(2)
pursue strategic support and investment opportunities, and diplomatic engagement on power sector reforms, to expand the development and deployment of advanced energy technologies in developing countries;
(3)
offer financing, loan guarantees, grants, and other financial products on terms that advance domestic economic and local employment opportunities, utilize advanced energy technologies, encourage private sector growth, and, when appropriate United States equity and sovereign lending products as alternatives to the predatory lending tools offered by Chinese financial institutions;
(4)
pursue partnerships with likeminded international financial and multilateral institutions to leverage investment in advanced energy technologies in developing countries; and
(5)
pursue bilateral partnerships focused on the cooperative development of advanced energy technologies with countries of strategic significance, particularly in the Indo-Pacific region, to address the effects of energy engagement by the PRC through predatory lending or other actions that negatively impact other countries.
(c)

Advanced energy technologies exports
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate committees of Congress a United States Government strategy to increase United States exports of advanced energy technologies to—
(1)
improve energy security in allied and developing countries;
(2)
create open, efficient, rules-based, and transparent energy markets;
(3)
improve free, fair, and reciprocal energy trading relationships; and
(4)
expand access to affordable, reliable energy.
30115.

Report on the People’s Republic of China’s investments in foreign energy development
(a)

In general
No later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate committees of Congress (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) a report that—
(1)
identifies priority countries for deepening United States engagement on energy matters, in accordance with the economic and national security interests of the United States and where deeper energy partnerships are most achievable;
(2)
describes the involvement of the Government of the People’s Republic of China (PRC) and companies incorporated in the PRC in the development, operation, financing, or ownership of energy generation facilities, transmission infrastructure, or energy resources in the countries identified in paragraph (1);
(3)
evaluates strategic or security concerns and implications for United States national interests and the interests of the countries identified in paragraph (1), with respect to the PRC’s involvement and influence in developing country energy production or transmission; and
(4)
outlines current and planned efforts by the United States to partner with the countries identified in paragraph (1) on energy matters that support shared interests between the United States and such countries.
(b)

Publication
The assessment required in subsection (a) shall be published on the Department of State’s website.
30116.

Report on foreign investment in the agriculture sector of the United States
(a)

In general
Not later than 90 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of State, in consultation with the Secretary of Agriculture, shall submit to Congress a report on foreign investment in the agriculture sector of the United States and the impact of such investment on the national security of the United States.
(b)

Priority
In preparing the report required by subsection (a), the Secretaries shall prioritize investment by the People’s Republic of China in the agriculture sector of the United States.
C

Economic Diplomacy and Leadership
30121.

Findings on regional economic order
Congress makes the following findings:
(1)
The United States played a leadership role in constructing the architecture, rules, and norms governing the international economic order following the Second World War, yielding decades of domestic economic and geopolitical prosperity and stability.
(2)
It is in the United States’ vital interest to upgrade its economic engagement and leadership in the Indo-Pacific and develop concrete steps to strengthen its commercial diplomacy to fully participle in the region’s economic dynamism.
30122.

Report on entrenching American economic diplomacy in the Indo-Pacific
(a)

Sense of congress
It is the sense of Congress that United States national interests and the primacy of United States power in the Indo-Pacific are intimately tied to the following economic objectives:
(1)
Confirming American leadership and participation in global regional economic organizations and fora, including the Asia-Pacific Economic Cooperation (APEC) and the World Trade Organization (WTO).
(2)
Building secure and resilient supply chains for industries critical for United States national interest, including semiconductors, vaccines, and personal protective equipment.
(3)
Showcasing the benefits and appeal of a market-based economic model.
(b)

Reporting
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the United States Trade Representative and the Secretary of Commerce, shall submit a report to the appropriate committees of Congress that presents the steps the United States is taking and plans to take to achieve the objectives outlined in subsection (a) and includes specific action plans for the following:
(1)
Reenergizing APEC as a critical component of the region’s economic architecture.
(2)
Working with allies and partners to build resilient and trusted supply chains especially for critical and emerging technologies, including semiconductors, and products and components critical for national health, including vaccines and related materials and personal protective equipment.
(c)

Appropriate committees of congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on Finance of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Ways and Means of the House of Representatives.
30123.

Sense of Congress on the need to bolster American leadership in the Asia Pacific Economic Cooperation
It is the sense of Congress that—
(1)
the United States has benefitted from the regional economic integration agenda of the Asia Pacific Economic Cooperation (APEC) forum since its inception in 1989;
(2)
APEC is a hub of commerce for 21 member economies that, as of 2018, accounted for 60 percent of global GDP and 48 percent of global trade;
(3)
APEC has contributed to the economic growth in the region and enhanced access to global value chains, while raising the profile of critical topics such as fair trade, sustainability, gender parity, and inclusive growth;
(4)
it is in the United States interest to engage and lead at APEC to push for an open and inclusive regional economy that benefits United States workers, consumers, and businesses and better integrates the United States economy with others in the region;
(5)
when the United States last hosted APEC in 2011, it was able to promote United States interests, while reassuring allies and partners about its strong commitment to the region in the economic arena;
(6)
today, APEC can again be used as a forum to make progress on several United States priorities, that are shared by United States allies and partners, including—
(A)
making regional commerce more inclusive;
(B)
fostering innovation and digitization; and
(C)
addressing climate change and environmental protection;
(7)
hosting APEC would provide a tremendous opportunity to leverage American leadership to shape the regional economic agenda;
(8)
hosting APEC would allow the United States to advance several of its own priorities in the region, including to—
(A)
expand the participation of APEC stakeholders to include labor groups, environmental advocates, and other part of civil society;
(B)
upgrade APEC’s work to empower and promote small and medium enterprises;
(C)
spotlight best practices and plans to upgrade skills for the next-generation of technology jobs;
(D)
advance a climate and sustainable trade and development agenda with a focus on green technologies, infrastructure and finance; and
(E)
advance work on digital issues; and
(9)
with no host confirmed for 2023, the United States should immediately announce its interest to host APEC in 2023 and work with the APEC Secretariat and like-minded APEC members to build support.
30124.

Task force to counter China’s economic coercion
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the People’s Republic of China’s (PRC) increasing use of economic coercion against foreign governments, companies, organizations, other entities, and individuals requires that the United States better understand these measures in order to devise a comprehensive, effective, and multilateral response;
(2)
the private sector is a crucial partner in helping the United States Government understand the PRC’s coercive economic measures and hold the PRC accountable, and that additional business transparency would help the United States Government and private sector stakeholders conduct early assessments of potential pressure points and vulnerabilities; and
(3)
PRC coercive economic measures create pressures for the private sector to behave in ways antithetical to United States national interests and competitiveness.
(b)

Establishment of Task Force
Not later than 180 days after the date of the enactment of this Act, the President shall establish an interagency task force to be known as the “Countering Economic Coercion Task Force” (referred to in this section as the “Task Force”).
(c)

Duties
(1)

In general
The Task Force shall—
(A)
oversee the development and implementation of an integrated United States Government strategy to respond to People’s Republic of China (PRC) coercive economic measures, which shall include—
(i)
systematically monitoring and evaluating—
(I)
the costs of such measures on United States businesses and overall United States economic performance;
(II)
instances in which such measures taken against a non-PRC entity has benefitted other parties; and
(III)
the impacts such measures have had on United States national interests; and
(ii)
facilitating coordination among Federal departments and agencies when responding to such measures as well as proactively deterring such economic coercion; including by clarifying the roles for departments and agencies identified in subsection (d) in implementing the strategy;
(B)
consult with United States allies and partners on the feasibility and desirability of collectively identifying, assessing, and responding to PRC coercive economic measures, as well as actions that could be taken to expand coordination with the goal of ensuring a consistent, coherent, and collective response to such measures and establishing long-term deterrence to such measures;
(C)
effectively engage the United States private sector, particularly sectors, groups, or other entities that are susceptible to such PRC coercive economic measures, on concerns related to such measures; and
(D)
develop and implement a process for regularly sharing relevant information, including classified information to the extent appropriate and practicable, on such PRC coercive economic measures with United States allies, partners, and the private sector.
(2)

Consultation
In carrying out its duties under this subsection, the Task Force should regularly consult, to the extent necessary and appropriate, with the following:
(A)
Relevant stakeholders in the private sector.
(B)
Federal departments and agencies that are not represented on the Task Force.
(C)
United States allies and partners.
(d)

Membership
The President shall—
(1)
appoint the chair of the Task Force from among the staff of the National Security Council;
(2)
appoint the vice chair of the Task Force from among the staff of the National Economic Council; and
(3)
direct the head of each of the following Federal departments and agencies to appoint personnel at the level of Assistant Secretary or above to participate in the Task Force:
(A)
The Department of State.
(B)
The Department of Commerce.
(C)
The Department of the Treasury.
(D)
The Department of Justice.
(E)
The Office of the United States Trade Representative.
(F)
The Department of Agriculture.
(G)
The Office of the Director of National Intelligence and other appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
(H)
The Securities and Exchange Commission.
(I)
The United States International Development Finance Corporation.
(J)
Any other department or agency designated by the President.
(e)

Reports
(1)

Initial report
Not later than one year after the date of the enactment of this Act, the Task Force shall submit to the appropriate congressional committees a report that includes the following elements:
(A)
A comprehensive review of the array of economic tools the Government of the People’s Republic of China (PRC) employs or could employ in the future to coerce other governments, non-PRC companies (including United States companies), and multilateral institutions and organizations, including the Government of the PRC’s continued efforts to codify informal practices into its domestic law.
(B)
The strategy required by subsection (c)(1)(A).
(C)
An interagency definition of PRC coercive economic measures that captures both—
(i)
the use of informal or extralegal PRC coercive economic measures; and
(ii)
the illegitimate use of formal economic tools.
(D)
A comprehensive review of the array of economic and diplomatic tools the United States Government employs or could employ to respond to economic coercion against the United States and United States allies and partners.
(E)
A list of unilateral or multilateral—
(i)
proactive measures to defend or deter against PRC coercive economic measures; and
(ii)
actions taken in response to the Government of the PRC’s general use of coercive economic measures, including the imposition of reputational costs on the PRC.
(F)
An assessment of areas in which United States allies and partners are vulnerable to PRC coercive economic measures.
(G)
A description of gaps in existing resources or capabilities for United States Government departments and agencies to respond effectively to PRC coercive economic measures directed at United States entities and assist United States allies and partners in their responses to PRC coercive economic measures.
(H)
An analysis of the circumstances under which the PRC employs different types of economic coercion and against what kinds of targets.
(I)
An assessment, as appropriate, of international norms and regulations as well as any treaty obligations the PRC has stretched, circumvented, or broken through its economically coercive practices.
(2)

Interim reports
(A)

First interim report
Not later than one year after the date on which the report required by paragraph (1) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees a report that includes the following elements:
(i)
Updates to information required by subparagraphs (A) through (G) of paragraph (1).
(ii)
A description of activities conducted by the Task Force to implement the strategy required by subsection (c)(1)(A).
(iii)
An assessment of the implementation and effectiveness of the strategy, lessons learned from the past year and planned changes to the strategy.
(B)

Second interim report
Not later than one year after the date on which the report required by subparagraph (A) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees a report that includes an update to the elements required under the report required by subparagraph (A).
(3)

Final report
Not later than 30 days after the date on which the report required by paragraph (2)(B) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees and also make available to the public on the website of the Executive Office of the President a final report that includes the following elements:
(A)
An analysis of PRC coercive economic measures and the cost of such coercive measures to United States businesses.
(B)
A description of areas of possible vulnerability for United States businesses and businesses of United States partners and allies.
(C)
Recommendations on how to continue the effort to counter PRC coercive economic measures, including through further coordination with United States allies and partners.
(D)
A list of cases made public under subsection (f).
(4)

Form
(A)

Initial and interim reports
The reports required by paragraphs (1), (2)(A), and (2)(B) shall be submitted in unclassified form, but may include a classified annex.
(B)

Final report
The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.
(f)

Publicly available list
(1)

In general
Not later than 120 days after the date of the enactment of this Act, the Task Force shall to the extent practicable make available to the public on the website of the Executive Office of the President a list of cases in the past six months in which open source reporting indicates that the PRC has directed coercive economic measures against a non-PRC entity.
(2)

Updates
The list required by paragraph (1) should be updated every 180 days, and shall be managed by the Department of State after the termination of the Task Force under subsection (g).
(g)

Sunset
(1)

In general
The Task Force shall terminate at the end of the 60-day period beginning on the date on which the final report required by subsection (e)(3) is submitted to the appropriate congressional committees and made publicly available.
(2)

Additional actions
The Task force may use the 60-day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (e)(3).
(h)

Definitions
In this section:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs of the House of Representatives; and
(B)
the Committee on Foreign Relations of the Senate.
(2)

Coercive economic measures
The term “coercive economic measures” includes formal or informal restrictions or conditions, such as on trade, investment, development aid, and financial flows, intended to impose economic costs on a non-People’s Republic of China target in order to achieve strategic political objectives, including influence over the policy decisions of a foreign government, company, organization, or individual.
30125.

Sense of Congress on digital technology issues
(a)

Leadership in international standards setting
It is the sense of Congress that the United States must lead in international bodies that set the governance norms and rules for critical digitally enabled technologies in order to ensure that these technologies operate within a free, secure, interoperable, and stable digital domain.
(b)

Countering digital authoritarianism
It is the sense of Congress that the United States, along with allies and partners, should lead an international effort to combat the expanding use of information and communications technology products and services to surveil, repress, and manipulate populations (also known as “digital authoritarianism”).
(c)

Freedom of information in the digital age
It is the sense of Congress that the United States should lead a global effort to ensure that freedom of information, including the ability to safely consume or publish information without fear of undue reprisals, is maintained as the digital domain becomes an increasingly integral mechanism for communication.
(d)

Efforts to ensure technological development does not threaten democratic governance or human rights
It is the sense of Congress that the United States should lead a global effort to develop and adopt a set of common principles and standards for critical technologies to ensure that the use of such technologies cannot be abused by malign actors, whether they are governments or other entities, and that they do not threaten democratic governance or human rights.
30126.

Digital dialogue and cooperation
It is the sense of Congress that—
(1)
as the COVID–19 pandemic accelerated United States dependence on digital tools, international rules around digital rules have remained largely piecemeal; and
(2)
the People’s Republic of China is operating under and advancing a set of digital rules that are contrary to United States values and interests, and those of United States allies and partners.
30127.

Digital connectivity and cybersecurity partnership
(a)

Digital connectivity and cybersecurity partnership
The President is authorized to establish a program, to be known as the “Digital Connectivity and Cybersecurity Partnership” to help foreign countries—
(1)
expand and increase secure Internet access and digital infrastructure;
(2)
promote and protect human rights and counter corruption and predatory behavior throughout communications and cybersecurity policy and implementation;
(3)
guard against privacy abuses, cybercrime, disinformation and misinformation, and the use of digital technology and services to carry out criminal activity or human rights violations;
(4)
bolster the role of civil society in informing ICT policy and regulations;
(5)
promote exports of United States ICT goods and services and increase United States company market share in target markets;
(6)
promote the innovation and diversification of ICT goods and supply chain services to be less reliant on imports from the People’s Republic of China;
(7)
build cybersecurity capacity, expand interoperability, and promote best practices for a national approach to cybersecurity; and
(8)
enhance the security of their digital infrastructure to facilitate better information sharing with the United States and United States allies and partners, as appropriate.
(b)

Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the United States Trade Representative and the National Cyber Director, shall jointly submit to the appropriate congressional committees an implementation plan for the 3-year period beginning on the date of the submission of the plan to advance the goals identified in subsection (a). The implementation plan shall also include a description of interagency responsibilities to carry out implementation, a description of any barriers to successful implementation, and a description of any additional resources or authorities needed for successful implementation.
(c)

Consultation
In developing the implementation plan required by subsection (b), the Secretary of State and the Administrator of the United States Agency for International Development shall consult with—
(1)
the appropriate congressional committees;
(2)
the Committee on Ways and Means, the Committee on Oversight and Reform, and the Permanent Select Committee on Intelligence of the House of Representatives;
(3)
the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate;
(4)
leaders of the United States industry;
(5)
civil society leaders with expertise in technology, telecommunications, cybersecurity, economic development and competitiveness, and human rights, including from the Open Technology Fund;
(6)
representatives from relevant United States Government agencies; and
(7)
representatives from like-minded allies and partners.
(d)

Authorization of appropriations
There is authorized to be appropriated such sums as necessary for each of fiscal years 2022 through 2026 to carry out this section.
30128.

Sense of Congress on ideological competition
It is the sense of Congress that National Security Advisor Jake Sullivan correctly observed that the United States and likeminded democracies are in an ideological competition with the People’s Republic of China, under the direction and control of the Chinese Communist Party, when he stated, “China is essentially making the case that the Chinese model is better than the American model * * * * This is not any longer some kind of implied contrast. It is an explicit statement that there is an alternative model to the democratic market economy model that the United States has been advancing over the course of decades.”.
30129.

Report on cooperation between China and United Arab Emirates
(a)

Requirement
Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of elements of the intelligence community that the Director determines appropriate, shall submit to the congressional intelligence committees a report containing the following:
(1)
Details on the cooperation between China and the United Arab Emirates regarding defense, security, technology, and other strategically sensitive matters that implicate the national security interests of the United States.
(2)
The most recent, as of the date of the report, quarterly assessment by the intelligence community of measures that the United Arab Emirates has implemented to safeguard technology of the United States and the reliability of any assurances by the United Arab Emirates (with respect to both current assurances and assurances being considered as of the date of the report).
(3)
A certification by the Director regarding whether such assurances described in paragraph (2) are viable and sufficient to protect technology of the United States from being transferred to China or other third parties.
(b)

Form
The report under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary.
(c)

Definitions
In this section, the terms “intelligence community” and “congressional intelligence committees” have the meanings given such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
30129A.

Authorization to hire additional staff for the Office of Foreign Asset Control of the Department of the Treasury
The Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, is authorized to hire an additional 10 full-time employees to carry out activities of the Office associated with the People’s Republic of China.
D

Financial Diplomacy and Leadership
30131.

Findings on Chinese financial industrial policy
Congress makes the following findings:
(1)
The People’s Republic of China operates a system of state-owned financial institutions including retail banks, investment banks, asset managers, and insurers which are given favorable treatment under Chinese law while foreign financial institutions have strict restrictions on their ability to operate in the PRC.
(2)
In order to join the World Trade Organization (WTO) in 2001, the PRC Government committed to opening the credit card payment business to foreign firms by 2006.
(3)
The PRC continues to maintain aggressive capital controls, limiting access to the Chinese market to foreign investors while hamstringing its own citizens ability to control their money.
(4)
On November 5, 2018, Chinese President Xi Jinping announced that the PRC would launch a technology innovation stock exchange. The Shanghai Stock Exchange STAR Market launched on July 22, 2019.
(5)
On October 24, 2020, Chinese billionaire Jack Ma referred to “pawnshop mentality” of state-owned banks. Shortly thereafter, the initial public offering of his firm Ant Financial was canceled by Chinese regulators.
(6)
The PRC Government is pioneering the use of a fully digitized yuan, which is set to be the world’s first central bank backed digital currency, and the People’s Bank of China and the Hong Kong Monetary Authority have already begun testing the cross-border functionality of the digital currency.
30132.

Report on importance of American financial strength for global leadership
(a)

Sense of congress
It is the sense of Congress that—
(1)
the dominance of the dollar as the global reserve currency has yielded significant benefits to the United States and the American people by allowing the United States to maintain economic independence, better control its monetary policy, and finance government outlays;
(2)
American global leadership has benefited from the United States monetary stability, creditworthiness, deep capital markets, and financial technology innovations;
(3)
effective diplomacy and safeguarding of American national security rely on the United States role as the global financial leader, hub of global trade, and source of economic opportunity;
(4)
by cracking down on dissent in the key financial center of Hong Kong, driving the creation of a technology focused stock exchange, and pushing forward a Central Bank digital currency, the People’s Republic of China is attempting to become the leading hub of finance in the world; and
(5)
the United States must maintain its position as a global financial leader to continue its broader global leadership role around the world.
(b)

Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of the Treasury, shall submit to the appropriate committees of Congress a report that—
(1)
lists and examines the benefits to American foreign policy that derive from the United States financial leadership and the dollar’s status as the world’s global reserve currency;
(2)
describes the actions taken by the People’s Republic of China that could cement China’s role as the world’s leading financial center;
(3)
analyzes the possible impact on American national security and foreign policy were the yuan to supplant the dollar as the world’s leading reserve currency;
(4)
outlines how the United States can work diplomatically with allies, partners, and other nations to preserve a financial system that is free, open, and fair; and
(5)
identifies steps the United States can take to preserve its status as the world’s leading financial center and maintain the dollar’s position as the global reserve currency.
(c)

Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate.
30133.

Review of Chinese companies on United States capital markets
(a)

Report
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and in consultation with and with support from the Securities and Exchange Commission, shall submit a report to the Committees on Financial Services, Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs, Foreign Relations, and the Select Committee on Intelligence of the Senate that describes the capital raising activities in the United States of companies incorporated in the PRC and companies incorporated outside PRC that predominantly invest in companies incorporated in the PRC. The report should discuss risks to the United States national security posed by the capital raising activities of these companies.
(2)

Matters to be included
The report shall—
(A)
identify companies that—
(i)
are incorporated in the PRC that issue registered securities or are listed or traded on one or several stock exchanges within the United States, including through the use of American depository receipts, variable interest entity structures, over-the-counter market, or “A Shares”, or are otherwise added to indexes and exchange-traded funds out of mainland exchanges in the PRC;
(ii)
are incorporated in the PRC that issue unregistered securities within the United States;
(iii)
are incorporated outside of PRC but predominantly invest in companies incorporated within the PRC, including companies that raise capital through the various exemptions available under the securities laws of the United States; or
(iv)
based on the factors for consideration described in paragraph (3), have knowingly and materially contributed to—
(I)
activities that undermine United States national security;
(II)
serious abuses of internationally recognized human rights; or
(III)
a substantially increased financial risk exposure for United States-based investors;
(B)
describe the activities of the companies identified pursuant to subparagraph (A), and their implications for the United States; and
(C)
develop policy recommendations for the United States Government and State governments to address the risks posed by companies identified pursuant to subparagraph (A).
(3)

Factors for inclusion of a company
In completing the report under paragraph (1), the Secretary shall consider whether a company identified pursuant to paragraph (2)(A)—
(A)
has materially contributed to the development or manufacture, or sold or facilitated procurement by the People’s Liberation Army, of lethal military equipment or component parts of such equipment;
(B)
has contributed to the construction and militarization of features in the South China Sea;
(C)
has been sanctioned by the United States or has been determined to have conducted business with sanctioned entities;
(D)
has engaged in an act or a series of acts of intellectual property theft;
(E)
has engaged in corporate or economic espionage;
(F)
has contributed to the proliferation of nuclear or missile technology in violation of United Nations Security Council resolutions or United States sanctions;
(G)
has contributed to the repression of religious and ethnic minorities within the PRC, including in the Xinjiang Uyghur Autonomous Region or the Tibet Autonomous Region;
(H)
has contributed to the development of technologies that enable censorship directed or directly supported by the Government of the PRC; and
(I)
has contributed to other activities or behavior determined to be relevant by the President.
(b)

Report form
The report required under this section shall be submitted in unclassified form.
(c)

Publication
The unclassified portion of the report required under this section shall be made accessible to the public online through relevant United States Government websites.
30134.

Report on the implications of changes to cross-border payment and financial messaging systems
(a)

Report
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Secretary of State, shall submit a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate on the implications of cross-border payment systems.
(2)

Matters to be included
The report shall—
(A)
examine the benefits and concerns related to the use of the current cross-border payments system, including the messaging systems;
(B)
review and analyze ways in which the Cross Border Interbank Payment Systems (CIPS), cryptocurrencies, and foreign central bank digital currencies could erode this system; and
(C)
analyze how changes to global cross-border payment systems could undermine United States national security interests including impacts on the efficacy of sanctions, the countering of terrorist finance, and the enforcement of anti-money laundering provisions.
(b)

Report form
The report required under subsection (a)(1) shall be submitted in classified form.
30135.

Report on links between private sector Chinese technology and social media companies and the People’s Liberation Army, Chinese intelligence, and the Chinese Communist Party
(a)

In general
The President shall prepare and submit to Congress a report on links between private sector Chinese technology and social media companies and the People’s Liberation Army, Chinese intelligence, and the Chinese Communist Party.
(b)

Matters to be included
The report required by subsection (a) shall include a discussion and analysis of—
(1)
national security risks from illicit or coercive technology transfer;
(2)
Chinese investment in private sector United States and allied nation technology companies in fields such as artificial intelligence, biotechnology, next-generation energy technology and other areas determined to be vital to the national security of the United States by Secretaries of Commerce, Energy, and Defense; and
(3)
key technology focus areas (as such term is defined in section 20209(16) of this Act).
(c)

Form
The report required by subsection (a) shall be submitted in unclassified form and made available to the public, but may contain a classified annex.
II

Investing in Alliances and Partnerships
A

Strategic and Diplomatic Matters
30201.

Appropriate committees of Congress defined
In this subtitle, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
30202.

United States commitment and support for allies and partners in the Indo-Pacific
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the United States treaty alliances in the Indo-Pacific provide a unique strategic advantage to the United States and are among the Nation’s most precious assets, enabling the United States to advance its vital national interests, defend its territory, establish enduring cooperation with allies while seeking to establish new partnerships, prevent the domination of the Indo-Pacific and its surrounding maritime and air lanes by a hostile power or powers, and deter potential aggressors;
(2)
the Governments of the United States, Japan, South Korea, Australia, the Philippines, and Thailand are critical allies in advancing a free and open order in the Indo-Pacific region and tackling challenges with unity of purpose, and have collaborated to advance specific efforts of shared interest in areas such as defense and security, infrastructure connectivity, and fundamental freedoms;
(3)
the United States greatly values other partnerships in the Indo-Pacific region, including with India, Singapore, Indonesia, Taiwan, New Zealand, and Vietnam, as well as its trilateral and quadrilateral dialogues, and regional architecture such as the Association of Southeast Asian Nations (ASEAN), and the Asia-Pacific Economic Cooperation, which are essential to further shared interests;
(4)
the security environment in the Indo-Pacific demands consistent United States and allied commitment to strengthening and advancing alliances so that they are postured to meet these challenges, and will require sustained political will, concrete partnerships, economic, commercial, technological, and security cooperation, consistent and tangible commitments, high-level and extensive consultations on matters of mutual interest, mutual and shared cooperation in the acquisition of key capabilities important to allied defenses, and unified mutual support in the face of political, economic, or military coercion;
(5)
fissures in the United States alliance relationships and partnerships benefit United States adversaries and weaken the collective ability to advance shared interests;
(6)
the United States must work with allies to prioritize human rights throughout the Indo-Pacific region;
(7)
as the report released in August 2020 by the Expert Group of the International Military Council on Climate and Security (IMCCS), entitled “Climate and Security in the Indo-Asia Pacific” noted, the Indo-Pacific region is one of the regions most vulnerable to climate impacts, and as former Deputy Under Secretary of Defense for Installations and Environment Sherri Goodman, Secretary General of IMCCS, noted, climate shocks act as a threat multiplier in the Indo-Pacific region, increasing humanitarian response costs and impacting security throughout the region as sea levels rise, fishing patterns shift, food insecurity rises, and storms grow stronger and more frequent;
(8)
the United State should continue to engage on and deepen cooperation with allies and partners of the United States in the Indo-Pacific region, as laid out in the Asia Reassurance Initiative Act (Public Law 115–409), in the areas of—
(A)
forecasting environmental challenges;
(B)
assisting with transnational cooperation on sustainable uses of forest and water resources with the goal of preserving biodiversity and access to safe drinking water;
(C)
fisheries and marine resource conservation; and
(D)
meeting environmental challenges and developing resilience;
(9)
the Secretary of State, in coordination with the Secretary of Defense and the Administrator of the United States Agency for International Development, should facilitate a robust interagency Indo-Pacific climate resiliency and adaptation strategy focusing on internal and external actions needed—
(A)
to facilitate regional early recovery, risk reduction, and resilience to weather-related impacts on strategic interests of the United States and partners and allies of the United States in the region; and
(B)
to address humanitarian and food security impacts of weather-related changes in the region; and
(10)
ASEAN centrality and ASEAN-led mechanisms remain essential to the evolving institutional architecture of the Indo-Pacific region.
(b)

Statement of policy
It shall be the policy of the United States—
(1)
to deepen diplomatic, economic, and security cooperation with and among United States allies in the Indo-Pacific, as appropriate, including through diplomatic engagement, regional development, energy security and development, scientific and health partnerships, educational and cultural exchanges, intelligence-sharing, and other diplomatic and defense-related initiatives;
(2)
to uphold the United States multilateral and bilateral treaty obligations, including—
(A)
defending Japan consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, done at Washington, January 19, 1960, and all related and subsequent bilateral security agreements and arrangements concluded on or before the date of enactment of this Act;
(B)
defending the Republic of Korea consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, done at Washington, October 1, 1953, and all related and subsequent bilateral security agreements and arrangements concluded on or before the date of enactment of this Act;
(C)
defending the Philippines consistent with article IV of the Mutual Defense Treaty Between the United States and the Republic of the Philippines, done at Washington, August 30, 1951, and all related and subsequent bilateral security agreements and arrangements concluded on or before the date of enactment of this Act;
(D)
defending Thailand consistent with the Southeast Asia Collective Defense Treaty (“Manila Pact”), done at Manila, September 8, 1954, understanding thereto the Thanat-Rusk communique of 1962, and all related and subsequent bilateral security agreements and arrangements concluded on or before the date of enactment of this Act; and
(E)
defending Australia consistent with the Security Treaty Between Australia and the United States of America, done at San Francisco, September 1, 1951, and all related and subsequent bilateral security agreements and arrangements concluded on or before the date of enactment of this Act;
(3)
to strengthen and deepen the United States’ bilateral and regional partnerships, including with India, Taiwan, ASEAN, and New Zealand;
(4)
to cooperate with allies and partners to promote human rights across the Indo-Pacific region bilaterally and through regional and multilateral fora and pacts;
(5)
to strengthen and advance diplomatic, economic, and security cooperation with regional partners, such as Taiwan, Vietnam, Malaysia, Singapore, Indonesia, and India; and
(6)
to collaborate and cooperate on the sustainable development of the Mekong River Basin, including by providing support for environmental conservation and protection initiatives in the Mekong sub-region and through assistance to Cambodia, Laos, Thailand, and Vietnam, whose governments comprise the Mekong River Commission (MRC). United States efforts should focus on increasing MRC member countries’ capacity in the sustainable conservation and management of natural resources.
30203.

Boosting Quad cooperation
(a)

Sense of Congress
It is the sense of Congress that—
(1)
as a Pacific power, the United States should continue to strengthen its cooperation with Australia, India, and Japan, (commonly referred to as the Quadrilateral Security Dialogue or “Quad”) to enhance and implement a shared vision to meet regional challenges and to promote a free, open, inclusive, resilient, and healthy Indo-Pacific, characterized by respect for democratic norms, rule of law, and market-driven economic growth, and that is free from undue influence and coercion;
(2)
the United States should expand dialogue and cooperation through the Quad with a range of partners to support the rule of law, freedom of navigation and overflight, peaceful resolution of disputes, democratic values, and territorial integrity, and to uphold peace and prosperity and strengthen democratic resilience in the Indo-Pacific;
(3)
the recent pledge from the first-ever Quad leaders meeting on March 12, 2021, to respond to the economic and health impacts of COVID–19, including expanding safe, affordable, and effective vaccine production and equitable access, and to address shared challenges, including in cyberspace, critical technologies, counterterrorism, quality infrastructure investment, and humanitarian assistance and disaster relief, as well as maritime domains, further advances the important cooperation among Quad nations that is so critical to the Indo-Pacific region;
(4)
building upon their announced commitment to finance 1,000,000,000 or more COVID–19 vaccines by the end of 2022 for use in the Indo-Pacific region, the United States International Development Finance Corporation, the Japan International Cooperation Agency, and the Japan Bank for International Cooperation, including through partnerships other multilateral development banks, should also venture to finance development and infrastructure projects in the Indo-Pacific region that are competitive, transparent, and sustainable;
(5)
the United States should participate in the Resilient Supply Chain Initiative launched by Australia, Japan, and India in 2020, along with similar initiatives that relocate supply chains in the health, economic, and national security sectors to the United States, its Quad partners, and other like-minded countries; and
(6)
the formation of a Quad Intra-Parliamentary Working Group could—
(A)
sustain and deepen engagement between senior officials of the Quad countries on a full spectrum of issues; and
(B)
be modeled on the successful and long-standing bilateral intra-parliamentary groups between the United States and Mexico, Canada, and the United Kingdom, as well as other formal and informal parliamentary exchanges.
(b)

Reporting requirement
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) a strategy for bolstering engagement and cooperation with the Quad.
(2)

Matters to be included
The strategy required by paragraph (1) shall include the following:
(A)
A description of how the United States intends to demonstrate democratic leadership in the Indo-Pacific through quadrilateral engagement with India, Japan, and Australia on shared interests and common challenges.
(B)
A summary of—
(i)
current and past Quad initiatives across the whole of the United States Government, including to promote broad based and inclusive economic growth and investment, and to advance technology cooperation, energy innovation, climate mitigation and adaptation, physical and digital infrastructure development, education, disaster management, and global health security;
(ii)
proposals shared among Quad countries to deepen existing security cooperation, intelligence sharing, economic partnerships, and multilateral coordination; and
(iii)
initiatives and agreements undertaken jointly with Quad countries, in addition to other like-minded partners in the Indo-Pacific, on areas of shared interest.
(C)
A description of efforts to jointly—
(i)
expand ongoing COVID–19 cooperation to prepare for the next pandemic by focusing on medium-term vaccine and medical supply production and building a broader dialogue on global public health;
(ii)
combat economic coercion, deepen regional economic engagement and integration, and strengthen regional rules and standards around investment;
(iii)
strengthen climate actions on mitigation, adaptation, resilience, technology, capacity-building, and climate finance;
(iv)
facilitate the development of quality infrastructure in the Indo-Pacific through joint financing, investment, technical assistance, and standards setting;
(v)
enhance joint maritime security and maritime domain awareness initiatives to protect the maritime commons and support international law and freedom of navigation in the Indo-Pacific; and
(vi)
develop international technology standards and share or co-develop new innovative technologies of the future.
30204.

Establishment of Quad Intra-Parliamentary Working Group
(a)

Establishment
Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall seek to enter into negotiations with the governments of Japan, Australia, and India (collectively, with the United States, known as the “Quad”) with the goal of reaching a written agreement to establish a Quad Intra-Parliamentary Working Group to facilitate closer cooperation on shared interests and values.
(b)

United States Group
(1)

In general
At such time as the governments of the Quad countries enter into a written agreement described in subsection (a) to establish a Quad Intra-Parliamentary Working Group, there shall be established a United States Group, which shall represent the United States at the Quad Intra-Parliamentary Working Group.
(2)

Membership
(A)

In general
The United States Group shall be comprised of not more than 24 Members of Congress.
(B)

Appointment
Of the Members of Congress appointed to the United States Group under subparagraph (A)—
(i)
half shall be appointed by the Speaker of the House of Representatives from among Members of the House, not fewer than four of whom shall be members of the Committee on Foreign Affairs; and
(ii)
half shall be appointed by the President Pro Tempore of the Senate, based on recommendations of the majority leader and minority leader of the Senate, from among Members of the Senate, not fewer than four of whom shall be members of the Committee on Foreign Relations (unless the majority leader and minority leader determine otherwise).
(3)

Meetings
(A)

In general
The United States Group shall seek to meet not less frequently than annually with representatives and appropriate staff of the legislatures of Japan, Australia, and India, and any other country invited by mutual agreement of the Quad countries.
(B)

Limitation
A meeting described in subparagraph (A) may be held—
(i)
in the United States;
(ii)
in another Quad country during periods when Congress is not in session; or
(iii)
virtually.
(4)

Chairperson and Vice Chairperson
(A)

House delegation
The Speaker of the House of Representatives shall designate the chairperson or vice chairperson of the delegation of the United States Group from the House from among members of the Committee on Foreign Affairs.
(B)

Senate delegation
The President Pro Tempore of the Senate shall designate the chairperson or vice chairperson of the delegation of the United States Group from the Senate from among members of the Committee on Foreign Relations.
(5)

Authorization of appropriations
(A)

In general
There is authorized to be appropriated $1,000,000 for each fiscal years 2022 through 2025 for the United States Group.
(B)

Distribution of appropriations
(i)

In general
For each fiscal year for which an appropriation is made for the United States Group, half of the amount appropriated shall be available to the delegation from the House of Representatives and half of the amount appropriated shall be available to the delegation from the Senate.
(ii)

Method of distribution
The amounts available to the delegations of the House of Representatives and the Senate under clause (i) shall be disbursed on vouchers to be approved by the chairperson of the delegation from the House of Representatives and the chairperson of the delegation from the Senate, respectively.
(6)

Private sources
The United States Group may accept gifts or donations of services or property, subject to the review and approval, as appropriate, of the Committee on Ethics of the House of Representatives and the Committee on Ethics of the Senate.
(7)

Certification of expenditures
The certificate of the chairperson of the delegation from the House of Representatives or the delegation of the Senate of the United States Group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States Group.
(8)

Annual report
The United States Group shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report for each fiscal year for which an appropriation is made for the United States Group, including a description of its expenditures under such appropriation.
30205.

Statement of policy on cooperation with ASEAN
It is the policy of the United States to—
(1)
stand with the nations of the Association of Southeast Asian Nations (ASEAN) as they respond to COVID–19 and support greater cooperation in building capacity to prepare for and respond to pandemics and other public health challenges;
(2)
support high-level United States participation in the annual ASEAN Summit held each year;
(3)
reaffirm the importance of United States-ASEAN economic engagement and support the ASEAN Economic Community’s (AEC) goals, including strong, inclusive, and sustainable long-term economic growth and cooperation with the United States that focuses on innovation and capacity-building efforts in technology, education, disaster management, food security, and human rights, particularly for ASEAN’s poorest countries;
(4)
urge ASEAN to continue its efforts to foster greater integration and unity within the ASEAN community, as well as to foster greater integration and unity with non-ASEAN economic, political, and security partners, including Japan, the Republic of Korea, Australia, the European Union, and India;
(5)
recognize the value of strategic economic initiatives such as United States-ASEAN Connect, which demonstrates a commitment to ASEAN and the AEC and builds upon economic relationships in the region;
(6)
support ASEAN nations in addressing maritime and territorial disputes in a constructive manner and in pursuing claims through peaceful, diplomatic, and, as necessary, legitimate regional and international arbitration mechanisms, consistent with international law, including through the adoption of a code of conduct in the South China Sea that represents the interests of all parties and promotes peace and stability in the region;
(7)
urge all parties involved in the maritime and territorial disputes in the Indo-Pacific region, including the Government of the People’s Republic of China—
(A)
to cease any current activities, and avoid undertaking any actions in the future, that undermine stability, or complicate or escalate disputes through the use of coercion, intimidation, or military force;
(B)
to demilitarize islands, reefs, shoals, and other features, and refrain from new efforts to militarize, including the construction of new garrisons and facilities and the relocation of additional military personnel, material, or equipment;
(C)
to oppose actions by any country that prevent other countries from exercising their sovereign rights to the resources in their exclusive economic zones and continental shelves by enforcing claims to those areas in the South China Sea that lack support in international law; and
(D)
to oppose unilateral declarations of administrative and military districts in contested areas in the South China Sea;
(8)
urge parties to refrain from unilateral actions that cause permanent physical damage to the marine environment and support the efforts of the National Oceanic and Atmospheric Administration and ASEAN to implement guidelines to address the illegal, unreported, and unregulated fishing in the region;
(9)
urge ASEAN nations to develop a common approach to encourage China and the Philippines to comply with the decision of the Permanent Court of Arbitration’s 2016 ruling in favor of the Republic of the Philippines in the case against the People’s Republic of China’s excessive maritime claims;
(10)
reaffirm the commitment of the United States to continue joint efforts with ASEAN to halt human smuggling and trafficking in persons and urge ASEAN to create and strengthen regional mechanisms to provide assistance and support to refugees and migrants;
(11)
support the Mekong-United States Partnership;
(12)
support newly created initiatives with ASEAN nations, including the United States-ASEAN Smart Cities Partnership, the ASEAN Policy Implementation Project, the United States-ASEAN Innovation Circle, and the United States-ASEAN Health Futures;
(13)
encourage the President to communicate to ASEAN leaders the importance of promoting the rule of law and open and transparent government, strengthening civil society, and protecting human rights, including releasing political prisoners, ceasing politically motivated prosecutions and arbitrary killings, and safeguarding freedom of the press, freedom of assembly, freedom of religion, and freedom of speech and expression;
(14)
support efforts by organizations in ASEAN that address corruption in the public and private sectors, enhance anti-bribery compliance, enforce bribery criminalization in the private sector, and build beneficial ownership transparency through the ASEAN–USAID PROSPECT project partnered with the South East Asia Parties Against Corruption (SEA–PAC);
(15)
support the Young Southeast Asian Leaders Initiative as an example of a people-to-people partnership that provides skills, networks, and leadership training to a new generation that will create and fill jobs, foster cross-border cooperation and partnerships, and rise to address the regional and global challenges of the future;
(16)
support the creation of initiatives similar to the Young Southeast Asian Leaders Initiative for other parts of the Indo-Pacific to foster people-to-people partnerships with an emphasis on civil society leaders;
(17)
acknowledge those ASEAN governments that have fully upheld and implemented all United Nations Security Council resolutions and international agreements with respect to the Democratic People’s Republic of Korea’s nuclear and ballistic missile programs and encourage all other ASEAN governments to do the same; and
(18)
allocate appropriate resources across the United States Government to articulate and implement an Indo-Pacific strategy that respects and supports the crucial role of ASEAN and supports ASEAN as a source of well-functioning and problem-solving regional architecture in the Indo-Pacific community.
30206.

Young Southeast Asian Leaders Initiative
(a)

Short Title
This section may be cited as the “Young Southeast Asian Leaders Initiative Act” or the “YSEALI Act”.
(b)

Young Southeast Asian Leaders Initiative
(1)

Establishment
There is established in the Department of State the Young Southeast Asian Leaders Initiative (“YSEALI”) program.
(2)

Goals
The YSEALI program shall seek to build to capacity of young leaders in Southeast Asia to—
(A)
support young leaders from Southeast Asia by offering professional development and a global network to share expertise, including in the areas of civic engagement, economic empowerment and social entrepreneurship, education and environmental issues; and
(B)
further strengthen the enduring partnership between the United States and Southeast Asia and connect United States experts with YSEALI participants.
(3)

YSEALI programs
(A)

YSEALI academic fellows program
There is established the YSEALI Academic Fellows Program to bring students from YSEALI partner countries to the United States for the purposes of building practical expertise, leadership skills, and professional networks relating to one or more of the YSEALI themes. The Secretary of State may award fellowships under the Academic Fellows Program to eligible individuals based on the following:
(i)
Citizenship and residency in a YSEALI partner country.
(ii)
Status as a full-time undergraduate student, or recent graduate of college, university, or other institutions of higher learning.
(iii)
Other criteria determined appropriate by the Secretary.
(B)

YSEALI professional fellows program
There is established the YSEALI Professional Fellows Program to bring professionals from YSEALI partner countries to the United States for the purposes of building practical expertise, leadership skills, and professional networks relating to one or more of the YSEALI themes. The Secretary of State may award fellowships under the Professional Fellows Program to eligible individuals based on the following:
(i)
Citizenship and residency in a YSEALI partner country.
(ii)
Status as an emerging leader in government, civil society, or the private sector, and demonstrated expertise relating to one or more of the YSEALI themes.
(iii)
Current employment, and two or more years of professional work experience relevant to one or more YSEALI themes.
(iv)
Other criteria determined appropriate by the Secretary.
(C)

Other initiatives
The Secretary of State may designate other initiatives as YSEALI initiatives under this section if they advance the goals of the YSEALI program as described in paragraph (2).
(4)

Activities
(A)

United States-based activities
The Secretary of State shall oversee all United States-based activities carried out under the YSEALI program, including the participation of YSEALI Academic Fellows in a program at a United States university or college, and the participation of YSEALI Professional Fellows at United States private and public sector organizations for individually-tailored work placements. Both fellowships may include site visits, professional networking opportunities, leadership training, community service, and organized cultural activities, as appropriate.
(B)

Southeast Asia-based activities
The Secretary of State should continue to support overseas initiatives of the program, including the following:
(i)
Quality leadership training, professional development, and networking opportunities for YSEALI alumni.
(ii)
Reciprocal exchanges for YSEALI Professional Fellows Program’s United States professional hosts and interlocutors to support post-United States exchange action plans and other related public diplomacy goals, as appropriate.
(iii)
Opportunities for networking with YSEALI alumni and professionals and experts who are American and Southeast Asian.
(iv)
The YSEALI Regional Workshop program, offering networking, mentoring, hands-on training, and the tools necessary to lead communities in addressing economic, environmental, educational, and civic engagement issues.
(v)
The YSEALI Seeds for the Future program, providing small, competitive grants to young leaders in Southeast Asia to improve their communities, countries, and the region towards one or more of the themes of civic engagement, economic empowerment and social entrepreneurship, education, or environmental issues.
(vi)
The YSEALI Academy at Fulbright University Vietnam, offering executive-level seminars for entry to mid-level professionals around the themes of technology and innovation, public policy, and entrepreneurship.
(vii)
The YSEALI Women’s Leadership Academy Program, enhancing people-to-people ties and engagement with young and emerging leaders by promoting gender equality and advancing the status of women and girls, such as in the public health sector.
(C)

Alumni platform
The Secretary of State is authorized to convene current YSEALI participants and YSEALI alumni through a platform to promote networking opportunities within the YSEALI community.
(D)

Implementation
To carry out this paragraph, United States diplomatic and consular posts, the Secretary of State, and agency external partners managing and implementing the YSEALI program—
(i)
shall promote United States policy goals in Southeast Asia by providing tools and resources to help young Southeast Asian leaders develop important skills and connections, including through online campaigns and public diplomacy initiatives;
(ii)
shall establish a system for monitoring, evaluating, and improving the YSEALI program; and
(iii)
may accept financial contributions from foundations, corporations, private donors, program partners, and implementing agency external partners intended to foster the goals of the YSEALI program.
(5)

Reports
(A)

Strategy
The Secretary of State shall submit to the appropriate congressional committees a strategy for implementing the YSEALI program, including the following:
(i)
YSEALI program goals, targets, and planned outcomes for each year and, separately, for the YSEALI program generally during the duration of its implementation.
(ii)
The continuation of YSEALI program monitoring and evaluation plan, including metrics for measuring YSEALI program progress identification of annual YSEALI program goals, and targets.
(B)

Annual reports
Not later than 1 year after the date of the enactment of this section, and annually thereafter for 4 years, the Secretary of State shall submit to the appropriate congressional committees and publish on a publicly available website of the Department a report on—
(i)
YSEALI program progress and an assessment of the metrics, goals, targets, and outcomes described in subparagraph (A)(i), including information relating to YSEALI program implementation and outcome activities during the year covered by each report; and
(ii)
recommendations for improvements or amendments to the YSEALI program and strategy, if any, that would improve their effectiveness during subsequent years of YSEALI program implementation.
(C)

Final report
Not later than the date of the submission of the last report required under subparagraph (B), the Secretary of State shall submit to the appropriate congressional committees a final assessment report that evaluates YSEALI program implementation and outcomes during the entire duration of YSEALI program operation, including recommendations regarding whether the YSEALI program should be reauthorized and any changes that would improve its effectiveness.
(6)

Definitions
In this section:
(A)

Appropriate congressional committees
The term appropriate congressional committees means—
(i)
the Committee on Foreign Affairs of the House of Representatives;
(ii)
the Committee on Appropriations of the House of Representatives;
(iii)
the Committee on Foreign Relations of the Senate; and
(iv)
the Committee on Appropriations of the Senate.
(B)

Implementing agency external partners
The term implementing agency external partners means any external partner that is not a United States Government agency, and may include one or more of the following entities:
(i)
Local or multinational corporations.
(ii)
Nongovernmental organizations.
(iii)
Universities.
(iv)
Regional institutions.
(C)

YSEALI theme
The term YSEALI theme means—
(i)
civic engagement;
(ii)
economic empowerment and social entrepreneurship;
(iii)
education;
(iv)
environmental issues; or
(v)
any other theme included by the Secretary of State.
(D)

YSEALI partner countries
The term YSEALI partner countries includes each member country of the Association of Southeast Asian Nations and each other country or political entity the Secretary of State determines appropriate to include in the programs established under this section.
30207.

Sense of Congress on engagement with G7 and G20 countries
It is the sense of Congress that the President, acting through the Secretary of State, should initiate an agenda with G7 and G20 countries on matters relevant to economic and democratic freedoms, including relating to the following:
(1)
Building support for international infrastructure standards, including standards agreed to at the G20 summit in Osaka in 2018.
(2)
The erosion of democracy and human rights.
(3)
The security of 5G telecommunications.
(4)
Anti-competitive behavior, such as intellectual property theft, massive subsidization of companies, and other policies and practices.
(5)
Predatory international sovereign lending that is inconsistent with Organisation for Economic Cooperation and Development and Paris Club principles.
(6)
International influence campaigns.
(7)
Environmental standards.
(8)
Coordination with like-minded regional partners that are not in the G7 and G20.
30208.

Enhancing the United States-Taiwan partnership
(a)

Statement of policy
It is the policy of the United States—
(1)
to support the close economic, political, and security relationship between Taiwan and the United States and recognize Taiwan as a vital part of the approach to the United States Indo-Pacific;
(2)
to advance the security of Taiwan and its democracy a vital national security interest of the United States;
(3)
to reinforce all existing United States Government commitments to Taiwan, consistent with the Taiwan Relations Act (Public Law 96–8) and the “Six Assurances”;
(4)
to support Taiwan’s implementation of its asymmetric defense strategy, including the priorities identified in Taiwan’s Overall Defense Concept;
(5)
to urge Taiwan to increase its defense spending in order to fully resource its defense strategy;
(6)
to conduct regular transfers of defense articles to Taiwan in order to enhance Taiwan’s self-defense capabilities, particularly its efforts to develop and integrate asymmetric capabilities, such as anti-ship, coastal defense, anti-armor, air defense, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities, into its military forces;
(7)
to advocate and actively advance Taiwan’s meaningful participation in international organizations, including the World Health Assembly, the International Civil Aviation Organization, the International Criminal Police Organization, and other international bodies as appropriate;
(8)
to advocate for information sharing with Taiwan in the International Agency for Research on Cancer;
(9)
to promote meaningful cooperation among the United States, Taiwan, and other like-minded partners;
(10)
to enhance bilateral trade, through resumption of talks under the Trade and Investment Framework Agreement;
(11)
to expand bilateral economic and technological cooperation, including improving supply chain security;
(12)
to support United States educational and exchange programs with Taiwan, including by promoting the study of Chinese language, culture, history, and politics in Taiwan; and
(13)
to expand people-to-people exchanges between the United States and Taiwan.
(b)

Supporting United States educational and exchange programs with Taiwan
(1)

Establishment of the united states-taiwan cultural exchange foundation
The Secretary of State should consider establishing an independent nonprofit entity that—
(A)
is dedicated to deepening ties between the future leaders of Taiwan and the United States; and
(B)
works with State and local school districts and educational institutions in the United States to send high school and university students to Taiwan to study the Chinese language, culture, history, politics, and other relevant subjects.
(2)

Partner
State and local school districts and educational institutions, including public universities, in the United States are encouraged to partner with the Taipei Economic and Cultural Representative Office in the United States to establish programs to promote an increase in educational and cultural exchanges.
30209.

Taiwan diplomatic review
(a)

Findings
Congress finds the following:
(1)
Pursuant to the Taiwan Relations Act (22 U.S.C. 3301(b)(1)), it is the policy of the United States to “promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people of Taiwan”.
(2)
In May 2019, the Taiwanese counterpart to the American Institute in Taiwan, the Coordination Council for North American Affairs, was renamed the “Taiwan Council for U.S. Affairs”.
(3)
It is the policy of the United States to refer to Taiwan as “Taiwan”, not “Taipei” or “Chinese Taipei”.
(4)
The Taipei Economic and Cultural Representative Office is inaptly named as it works to cultivate the extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people, organizations, and enterprises of Taiwan, not merely those in Taipei.
(b)

Negotiations to rename TECRO
Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with appropriate officials of the Taipei Economic and Cultural Representative Office in the United States with the objective of renaming its office in Washington, DC, the Taiwan Representative Office in the United States, and its subsidiary offices in the United States, accordingly.
30210.

Taiwan Peace and Stability Act
(a)

Short title
This section may be cited as the “Taiwan Peace and Stability Act”.
(b)

Definitions
In this section:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs of the House of Representatives; and
(B)
the Committee on Foreign Relations of the Senate.
(2)

International organization
The term international organization includes United Nations funds, programs, specialized agencies, entities, and bodies, as well as other organizations outside of the United Nations system that the Secretary of State determines appropriate, in consultation with other relevant Federal departments and agencies.
(3)

One-china principle
The term One-China Principle means only the PRC’s policy toward Taiwan.
(4)

Civil society organizations
The term civil society organizations means international civil society organizations that are critical to maintaining Taiwan’s international space and enabling Taiwan to play a positive and constructive role in the global community.
(5)

Potential PLA campaigns
The term potential PLA campaigns means—
(A)
a naval blockade of Taiwan;
(B)
an amphibious assault and ground invasion of Taiwan, especially such invasion designed to accomplish a fiat accompli before intervention is possible; or
(C)
a seizure of one or more of Taiwan’s outlying islands.
(c)

Findings
Congress makes the following findings:
(1)
The United States has consistently sought to advance peace and stability in East Asia as a central element of United States foreign policy toward the region.
(2)
The Government of the People’s Republic of China (PRC), especially since the election of Tsai Ing-Wen in 2016, has conducted a coordinated campaign to weaken Taiwan diplomatically, economically, and militarily in a manner that threatens to erode United States policy and create a fait accompli on questions surrounding Taiwan’s future.
(3)
In order to ensure the longevity of United States policy and preserve the ability of the people of Taiwan to determine their future independently, it is necessary to reinforce Taiwan’s diplomatic, economic, and physical space.
(4)
Taiwan has provided monetary, humanitarian, and medical assistance to combat diseases such as AIDS, tuberculosis, Ebola, and dengue fever in countries around the world. During the COVID–19 pandemic, Taiwan donated millions of pieces of personal protective equipment and COVID–19 tests to countries in need.
(5)
Since 2016, the Gambia, São Tomé and Principe, Panama, the Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, and Kiribati have severed diplomatic relations with Taiwan in favor of diplomatic relations with China.
(6)
Taiwan was invited to participate in the World Health Assembly (WHA), the decision-making body of the World Health Organization, as an observer annually between 2009 and 2016. Since the 2016 election of President Tsai, the PRC has increasingly resisted Taiwan’s participation in the WHA. Taiwan was not invited to attend the WHA in 2017, 2018, 2019, 2020, or 2021.
(7)
The Taipei Flight Information Region reportedly served 1,750,000 flights and 68,900,000 passengers in 2018 and is home to Taiwan Taoyuan International Airport, the 11th busiest airport in the world. Taiwan has been excluded from participating at the International Civil Aviation Organization since 2013.
(8)
United Nations General Assembly Resolution 2758 (1971) does not address the issue of representation of Taiwan and its people at the United Nations, nor does it give the PRC the right to represent the people on Taiwan.
(d)

Statement of policy
It is the policy of the United States to—
(1)
maintain the position that peace and stability in the Western Pacific are in the political, security, and economic interests of the United States, and are matters of international concern; and
(2)
work with allies and partners to promote peace and stability in the Indo-Pacific and deter military acts or other forms of coercive behavior that would undermine regional stability.
(e)

Sense of congress on taiwan’s meaningful participation in the international community
It is the sense of Congress that—
(1)
Taiwan is free, democratic, and prosperous, is home to 23,500,000 people, and is an important contributor to the global community;
(2)
multiple United States Government Administrations have taken important steps to advance Taiwan’s meaningful participation in international organizations and to enhance cooperation with Taiwan to provide global public goods, including through development assistance, humanitarian assistance, and disaster relief in trilateral and multilateral fora;
(3)
nonetheless, significant structural, policy, and legal barriers remain to advancing Taiwan’s meaningful participation in the international community; and
(4)
efforts to share Taiwan’s expertise with other parts of the global community could be further enhanced through a systematic approach, along with greater attention from Congress and the American public to such efforts.
(f)

Strategy to support Taiwan’s meaningful participation in international organizations
(1)

In general
Not later than 180 days after the date of the enactment of this section, the Secretary of State, in consultation with other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a strategy—
(A)
to advance Taiwan’s meaningful participation in a prioritized set of international organizations; and
(B)
that responds to growing pressure from the PRC on foreign governments, international organizations, commercial actors, and civil society organizations to comply with its “One-China Principle” with respect to Taiwan.
(2)

Matters to be included
The strategy required under paragraph (1) shall include—
(A)
an assessment of the methods the PRC uses to coerce actors to into adhering to its “One-China Principle”, including those employed against governments, international organizations, and civil society organizations and pressure on commercial actors, to the extent relevant in the context of Taiwan’s meaningful participation international organizations;
(B)
an assessment of the policies of foreign governments toward the PRC and Taiwan, to identify likeminded allies and partners who might become public or private partners in the strategy;
(C)
a systematic analysis of all international organizations, as practicable, to identify those that best lend themselves to advancing Taiwan’s participation, including—
(i)
the organization’s policy on the requirements to obtain membership and observer status, as well as the foundational documents defining membership requirements and observer status within the organization;
(ii)
the organization’s participation rules;
(iii)
the processes for developing membership requirements and participation rules;
(iv)
the policies of current members regarding Taiwan’s political status; and
(v)
the organization’s relative reliance on contributions from the PRC and how it may affect internal decision-making;
(D)
an evaluation of the feasibility and advisability of expanding economic, security, and diplomatic engagement with countries that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan, where it aligns with United States interests;
(E)
a survey of international organizations that have allowed Taiwan’s meaningful participation, including an assessment of whether any erosion in Taiwan’s engagement has occurred within those organizations and how Taiwan’s participation has positively strengthened the capacity and activity of these organizations, providing positive models for Taiwan’s inclusion in other similar forums;
(F)
a list of not more than 20 international organizations at which the United States Government will prioritize using its voice, vote, and influence to advance Taiwan’s meaningful participation over the three-year period following the date of enactment of this Act, to be derived from the organizations identified pursuant to subparagraph (C); and
(G)
a description of the diplomatic strategies and the coalitions the United States Government plans to develop to implement subparagraph (F).
(3)

Form
The strategy required under paragraph (1) shall be submitted in classified form but may include an unclassified summary.
(4)

Consultation
The Secretary of State and the heads of other Federal departments and agencies as appropriate shall consult with the appropriate congressional committees and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
(A)
not later than 90 days after the date of enactment of this Act, with respect to the international organizations identified pursuant to paragraph (2)(C); and
(B)
not later than 180 days after the date of the submission of the strategy required under paragraph (1), and every 180 days thereafter for 2 years, regarding the development and implementation of the strategy required.
(g)

Expanding United States-Taiwan development cooperation
(1)

In general
No later than 120 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development (USAID), in consultation with the United States International Development Finance Corporation (DFC), shall submit to the appropriate congressional committees a report on cooperation with Taiwan on trilateral and multilateral development initiatives, through the American Institute in Taiwan as appropriate.
(2)

Matters to be included
The report required in paragraph (1) shall include the following:
(A)
A comprehensive review of existing cooperation mechanisms and initiatives between USAID or DFC and relevant departments and agencies in Taiwan, including, but not limited to Taiwan’s International Cooperation and Development Fund (ICDF).
(B)
An assessment of how USAID and DFC development cooperation with relevant departments and agencies in Taiwan compares to comparable cooperation with partners of similar economic size and foreign assistance capacity.
(C)
An analysis of the opportunities and challenges the cooperation described in subparagraph (A) has offered to date, including—
(i)
opportunities collaboration has offered to expand USAID’s and DFC’s ability to deliver assistance into a wider range communities;
(ii)
sectors where USAID, DFC, ICDF, other relevant agencies and departments in Taiwan, or the organizations’ implementing partners, have a comparative advantage in providing assistance; and
(iii)
opportunities to transition virtual capacity building events relevant departments and agencies in Taiwan, through the Global Cooperation and Training Framework and other forums, into in-person, enduring forms of development cooperation.
(D)
An assessment of any legal, policy, logistical, financial, or administrative barriers to expanding cooperation in trilateral or multilateral development, including—
(i)
availability of personnel at the American Institute in Taiwan responsible for coordinating development assistance cooperation;
(ii)
volume of current cooperation initiatives and barriers to expanding it;
(iii)
diplomatic, policy, or legal barriers facing the United States or other partners to including Taiwan in formal and informal multilateral development cooperation mechanisms;
(iv)
resource or capacity barriers to expanding cooperation facing the United States or Taiwan; and
(v)
geopolitical barriers that complicate United States-Taiwan cooperation in third countries.
(E)
Recommendations to address the challenges identified in subparagraph (D).
(F)
A description of any additional resources or authorities that expanding cooperation might require.
(3)

Form
The strategy required in paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(h)

Sense of congress on expanding united states economic relations with taiwan
It is the sense of the Congress that—
(1)
expanding United States economic relations with Taiwan has benefited the people of both the United States and Taiwan; and
(2)
the United States should explore opportunities to deepen, and where possible expand, economic ties between Taiwan and the United States.
(i)

Sense of congress on peace and stability in the taiwan strait
It is the sense of Congress that—
(1)
PRC attempts to intimidate Taiwan, including through high rates of PRC sorties into air space near Taiwan, and PRC amphibious assault exercises near Taiwan, jeopardizes the long-standing United States position that differences in cross-Strait relations must be resolved peacefully;
(2)
given the potential for a cross-Strait conflict to be highly destructive and destabilizing, any increase in the risk of conflict demands attention and obligates leaders to reinforce deterrence, as the most viable means to prevent war;
(3)
Taiwan should continue to implement its asymmetric defense strategy, including investing in cost-effective and resilient capabilities, while also strengthening recruitment and training of its reserve and civil defense forces, and those capabilities include, but are not limited to, coastal defense cruise missiles; and
(4)
while enhancing deterrence, it is also essential to maintain open and effective crisis communication and risk reduction mechanisms, as a means to reduce the risk of misunderstanding and ultimately, conflict.
(j)

Strategy to enhance deterrence over a cross-Strait conflict
(1)

In general
No later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a whole-of-government strategy to enhance deterrence over a cross-Strait military conflict between the PRC and Taiwan.
(2)

Matters to be included
The strategy shall include the following:
(A)
A comprehensive review of existing diplomatic, economic, and military tools to establish deterrence over a cross-Strait conflict and an assessment of their efficacy.
(B)
An examination of the present and future capabilities of the United States and Taiwan to respond to the potential PLA campaigns against Taiwan in 5, 10, and 15 years. The analysis shall include an assessment of the progress Taiwan has made in developing the cost-effective and resilient capabilities needed to respond to its strategic environment, as well as any additional personnel, procurement, or training reforms required.
(C)
An evaluation of the feasibility of expanding coordination with United States allies and partners to enhance deterrence over a cross-Strait conflict. The review shall include a review of the following matters:
(i)
Expanding coordination of public or private messaging on deterrence vis-à-vis Taiwan.
(ii)
Coordinating use of economic tools to raise the costs of PRC military action that could precipitate a cross-Strait conflict.
(iii)
Enhancing codevelopment and codeployment of military capabilities related to deterrence over a cross-Strait conflict, or enhancing coordination on training of Taiwan’s military forces.
(D)
Recommendations on significant additional diplomatic, economic, and military steps available to the United States Government, unilaterally and in concert with United States allies and partners, to enhance the clarity and credibility of deterrence over a cross-Strait conflict.
(E)
A description of any additional resources or authorities needed to implement the recommendations identified in subparagraph (D).
(3)

Form
The strategy required in paragraph (1) shall be submitted classified form but may include an unclassified annex.
(4)

Consultation
Not later than 90 days after the date of enactment of this Act, and not less frequently than every 180 days thereafter for 7 years, the President (or a designee), as well as representatives from the agencies and departments involved in developing the strategy required in paragraph (1), shall consult with the appropriate congressional committees regarding the development and implementation of the strategy required in this subsection. The representatives from the relevant agencies and departments shall be at the Under Secretary level or above.
(k)

Strengthening taiwan’s civilian defense professionals
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall present to the appropriate congressional committees a plan for strengthening the community of civilian defense professionals in Taiwan, facilitated through the American Institute in Taiwan as appropriate.
(2)

Matters to be included
The plan required by paragraph (1) shall include the following:
(A)
A comprehensive review of existing United States Government and non-United States Government programmatic and funding modalities to support Taiwan’s civilian defense professionals in pursuing professional development, educational, and cultural exchanges in the United States, including—
(i)
opportunities through Department of State-supported programs, such as the International Visitor Leaders Program; and
(ii)
opportunities offered through nongovernmental institutions, such as think tanks, to the extent the review can practicably make such an assessment.
(B)
A description of the frequency that civilian defense professionals from Taiwan pursue or are selected for the programs reviewed pursuant to subparagraph (A).
(C)
An analysis of any funding, policy, administrative, or other barriers preventing greater participation from Taiwan’s civilian defense professionals in the opportunities identified pursuant to subparagraph (A).
(D)
An evaluation of the value expanding the opportunities reviewed pursuant to subparagraph (A) would offer for strengthening Taiwan’s existing civilian defense community, and for increasing the perceived value of the field for young professionals in Taiwan.
(E)
An assessment of options the United States Government could take individually, with partners in Taiwan, or with foreign governments, or nongovernmental partners, to expand the opportunities reviewed pursuant to subparagraph (A).
(F)
A description of additional resources and authorities required by the options assessed pursuant to subparagraph (E).
(3)

Form
The plan required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
30211.

Taiwan International Solidarity Act
(a)

Short title
This section may be cited as the “Taiwan International Solidarity Act”.
(b)

Clarification regarding united nations general assembly resolution 2758
Subsection (a) of section 2 of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 116–135) (relating to diplomatic relations with Taiwan) is amended by adding at the end the following new paragraphs:
“(10)
United Nations General Assembly Resolution 2758 (1971) established the representatives of the Government of the People’s Republic of China as the only lawful representatives of China to the United Nations. The resolution did not address the issue of representation of Taiwan and its people in the United Nations or any related organizations, nor did the resolution take a position on the relationship between the People’s Republic of China and Taiwan or include any statement pertaining to Taiwan’s sovereignty.
(11)
The United States opposes any initiative that seeks to change Taiwan’s status without the consent of the people.”.
(c)

United states advocacy for international organizations to resist the people’s republic of china’s efforts to distort the “one china” position
Section 4 of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 (relating to the policy of the United States regarding Taiwan’s participation in international organizations) is amended—
(1)
in paragraph (2), by striking “and” after the semicolon at the end;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new paragraph:
“(4)
to instruct, as appropriate, representatives of the United States Government in all organizations described in paragraph (1) to use the voice, vote, and influence of the United States to advocate such organizations to resist the People’s Republic of China’s efforts to distort the decisions, language, policies, or procedures of such organizations regarding Taiwan.”.
(d)

Opposing the people’s republic of china’s efforts to undermine taiwan’s ties and partnerships internationally
Subsection (a) of section 5 of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 (relating to strengthening ties with Taiwan) is amended—
(1)
in paragraph (2), by striking “and” after the semicolon at the end;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new paragraph:
“(4)
encourage, as appropriate, United States allies and partners to oppose the People’s Republic of China’s efforts to undermine Taiwan’s official diplomatic relationships and its partnerships with countries with which it does not maintain diplomatic relations.”.
(e)

Report on the people’s republic of china’s attempts to promote its “one china” position
(1)

In general
Subsection (b) of section 5 of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 (relating to strengthening ties with Taiwan) is amended by inserting before the period at the end the following: “, as well as information relating to any prior or ongoing attempts by the People’s Republic of China to undermine Taiwan’s membership or observer status in all organizations described in section (4)(1) and Taiwan’s ties and relationships with other countries in accordance with subsection (a) of this section”.
(2)

Effective date
The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and apply beginning with the first report required under subsection (b) of section 5 of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019, as amended by paragraph (1), that is required after such date.
30212.

Taiwan Fellowship Program
(a)

Short title
This section may be cited as the “Taiwan Fellowship Act”.
(b)

Findings; purposes
(1)

Findings
Congress finds the following:
(A)
The Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) affirmed United States policy “to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area”.
(B)
Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115–409), the United States has grown its strategic partnership with Taiwan’s vibrant democracy of 23,000,000 people.
(C)
Despite a concerted campaign by the People’s Republic of China to isolate Taiwan from its diplomatic partners and from international organizations, including the World Health Organization, Taiwan has emerged as a global leader in the coronavirus global pandemic response, including by donating more than 2,000,000 surgical masks and other medical equipment to the United States.
(D)
The creation of a United States fellowship program with Taiwan would support—
(i)
a key priority of expanding people-to-people exchanges, which was outlined in President Donald J. Trump’s 2017 National Security Strategy;
(ii)
President Joseph R. Biden’s commitment to Taiwan, “a leading democracy and a critical economic and security partner”, as expressed in his March 2021 Interim National Security Strategic Guidance; and
(iii)
April 2021 guidance from the Department of State based on a review required under the Taiwan Assurance Act of 2020 (subtitle B of title III of division FF of Public Law 116–260) to “encourage U.S. government engagement with Taiwan that reflects our deepening unofficial relationship”.
(2)

Purposes
The purposes of this section are—
(A)
to further strengthen the United States-Taiwan strategic relationship and broaden understanding of the Indo-Pacific region by temporarily assigning officials of agencies of the United States Government to Taiwan for intensive study in Mandarin Chinese and placement as Fellows with the governing authorities on Taiwan or a Taiwanese civic institution;
(B)
to expand United States Government expertise in Mandarin Chinese language skills and understanding of the politics, history, and culture of Taiwan and the Indo-Pacific region by providing eligible United States personnel the opportunity to acquire such skills and understanding through the Taiwan Fellowship Program established under subsection (c); and
(C)
to better position the United States to advance its economic, security, and human rights interests and values in the Indo-Pacific region.
(c)

Taiwan fellowship program
(1)

Definitions
In this section:
(A)

Agency head
The term agency head means, in the case of the executive branch of United States Government, or in the case of a legislative branch agency specified in subparagraph (B), the head of the respective agency.
(B)

Agency of the united states government
The term agency of the United States Government includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch.
(C)

Appropriate congressional committees
The term appropriate congressional committees means—
(i)
the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives; and
(ii)
the Committee on Appropriations and the Committee on Foreign Relations of the Senate.
(D)

Detailee
The term detailee means an employee of an agency of the United States Government on loan to the American Institute in Taiwan, without a change of position from the agency at which such employee is employed.
(E)

Implementing partner
The term implementing partner means any United States organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that—
(i)
is selected through a competitive process;
(ii)
performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan, in support of the Taiwan Fellowship Program; and
(iii)
enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.
(2)

Establishment of taiwan fellowship program
(A)

Establishment
The Secretary of State shall establish the “Taiwan Fellowship Program” (referred to in this section as the “Program”) to provide a fellowship opportunity in Taiwan of up to two years for eligible United States citizens through the cooperative agreement established in subparagraph (B). The Secretary of State, in consultation with appropriate counterparts at the American Institute in Taiwan and the implementing partner, may modify the name of the Program.
(B)

Cooperative agreements
(i)

In general
The American Institute in Taiwan shall use amounts appropriated pursuant to the authorization under paragraph (6)(A) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner.
(ii)

Fellowships
The Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding—
(I)
not fewer than five fellowships during the first two years of the Program; and
(II)
not fewer than ten fellowships during each of the remaining years of the Program.
(C)

International agreement; implementing partner
Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Secretary of State, shall—
(i)
begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and
(ii)
begin the process of selecting an implementing partner, which—
(I)
shall agree to meet all of the legal requirements required to operate in Taiwan; and
(II)
shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.
(D)

Curriculum
(i)

First year
During the first year of each fellowship under this subsection, each fellow should study—
(I)
the Mandarin Chinese language;
(II)
the people, history, and political climate on Taiwan; and
(III)
the issues affecting the relationship between the United States and the Indo-Pacific region.
(ii)

Second year
During the second year of each fellowship under this section, each fellow, subject to the approval of the Secretary of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this section, shall work in—
(I)
a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or
(II)
an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed.
(E)

Flexible fellowship duration
Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of between nine months and two years, and may alter the curriculum requirements under subparagraph (D) for such purposes.
(F)

Sunset
The Program shall terminate ten years after the date of the enactment of this section.
(3)

Program requirements
(A)

Eligibility requirements
A United States citizen is eligible for a fellowship under this section if he or she—
(i)
is an employee of the United States Government;
(ii)
has at least two years of experience in any branch of the United States Government;
(iii)
has received at least one exemplary performance review in his or her current United States Government role within at least the last three years prior to beginning the fellowship;
(iv)
has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and
(v)
has demonstrated his or her commitment to further service in the United States Government.
(B)

Responsibilities of fellows
Each recipient of a fellowship under this section shall agree, as a condition of such fellowship—
(i)
to maintain satisfactory progress in language training and appropriate behavior in Taiwan, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner;
(ii)
to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and
(iii)
to continue Federal Government employment for a period of not less than four years after the conclusion of the fellowship, or for not less than two years for a fellowship that is one year or shorter.
(C)

Responsibilities of implementing partner
(i)

Selection of fellows
The implementing partner, in close coordination with the Secretary of State and the American Institute in Taiwan, shall—
(I)
make efforts to recruit fellowship candidates who reflect the diversity of the United States;
(II)
select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and
(III)
prioritize the selection of candidates willing to serve a fellowship lasting one year or longer.
(ii)

First year
The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Secretary of State and the American Institute in Taiwan, for those who are not serving a two-year fellowship) with—
(I)
intensive Mandarin Chinese language training; and
(II)
courses in the politic, culture, and history of Taiwan, China, and the broader Indo-Pacific.
(iii)

Waiver of required training
The Secretary of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under clause (ii) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topics described in clause (ii)(II), or for other related reasons approved by the Secretary of State and the American Institute in Taiwan. If any of the training requirements are waived for a fellow serving a two-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate.
(iv)

Office; staffing
The implementing partner, in consultation with the Secretary of State and the American Institute in Taiwan, shall maintain an office and at least one full-time staff member in Taiwan to—
(I)
liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and
(II)
serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents.
(v)

Other functions
The implementing partner should perform other functions in association in support of the Program, including logistical and administrative functions, as included in the cooperative agreement entered into pursuant to paragraph (2)(B) by the Secretary of State and the American Institute in Taiwan.
(D)

Noncompliance
(i)

In general
Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for—
(I)
the Federal funds expended for the fellow’s participation in the fellowship, as set forth in clauses (ii) and (iii); and
(II)
interest accrued on such funds (calculated at the prevailing rate).
(ii)

Full reimbursement
Any fellow who violates clause (i) or (ii) of subparagraph (B) shall reimburse the American Institute in Taiwan in an amount equal to the sum of—
(I)
all of the Federal funds expended for the fellow’s participation in the fellowship; and
(II)
interest on the amount specified in subclause (I), which shall be calculated at the prevailing rate.
(iii)

Pro rata reimbursement
Any fellow who violates subparagraph (B)(iii) shall reimburse the American Institute in Taiwan in an amount equal to the difference between—
(I)
the amount specified in clause (ii); and
(II)
the product of—
- (aa)
the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by
- (bb)
the percentage of the period specified in subparagraph (B)(iii) during which the fellow did not remain employed by the United States Government.
(E)

Annual report
Not later than 90 days after the selection of the first class of fellows under this section and annually thereafter for 10 years, the Secretary of State shall offer to brief the appropriate congressional committees regarding the following:
(i)
An assessment of the performance of the implementing partner in fulfilling the purposes of this section.
(ii)
The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for a fellowship.
(iii)
The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States.
(iv)
The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned.
(v)
Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program.
(vi)
An assessment of the Program’s value upon the relationship between the United States and Taiwan or the United States and Asian countries.
(F)

Annual financial audit
(i)

In general
The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States.
(ii)

Location
Each audit under clause (i) shall be conducted at the place or places where the financial records of the implementing partner are normally kept.
(iii)

Access to documents
The implementing partner shall make available to the accountants conducting an audit under clause (i)—
(I)
all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and
(II)
full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.
(iv)

Report
(I)

In general
Not later than 180 days after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under clause (i) to the Secretary of State and the American Institute in Taiwan.
(II)

Contents
Each audit report under subclause (I) shall—
- (aa)
set forth the scope of the audit at issue;
- (bb)
include such statements, along with the auditor’s opinion of those statements, as may be necessary to present fairly the implementing partner’s assets and liabilities, surplus or deficit, with reasonable detail;
- (cc)
include a statement of the implementing partner’s income and expenses during the year; and
- (dd)
include a schedule of—
(AA)
all contracts and cooperative agreements requiring payments greater than $5,000; and
(BB)
any payments of compensation, salaries, or fees at a rate greater than $5,000 per year.
(III)

Copies
Each audit report shall be produced in sufficient copies for distribution to the public.
(4)

Taiwan fellows on detail from government service
(A)

In general
(i)

Detail authorized
With the approval of the Secretary of State, an agency head may detail, for a period of not more than two years, an employee of the agency of the United States Government who has been awarded a fellowship under this Act, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in paragraph (2)(D)(ii)(II).
(ii)

Agreement
Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree—
(I)
to continue in the service of the sponsoring agency at the end of fellowship for a period of at least four years (or at least two years if the fellowship duration is one year or shorter) unless such detailee is involuntarily separated from the service of such agency; and
(II)
to pay to the American Institute in Taiwan any additional expenses incurred by the United States Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency.
(iii)

Exception
The payment agreed to under clause (ii)(II) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection.
(B)

Status as government employee
A detailee under this paragraph—
(i)
is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency;
(ii)
is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and
(iii)
may be assigned to a position with an entity described in paragraph (2)(D)(ii)(I) if acceptance of such position does not involve—
(I)
the taking of an oath of allegiance to another government; or
(II)
the acceptance of compensation or other benefits from any foreign government by such detailee.
(C)

Responsibilities of sponsoring agency
(i)

In general
The agency of the United States Government from which a detailee is detailed should provide the fellow allowances and benefits that are consistent with Department of State Standardized Regulations or other applicable rules and regulations, including—
(I)
a living quarters allowance to cover the cost of housing in Taiwan;
(II)
a cost of living allowance to cover any possible higher costs of living in Taiwan;
(III)
a temporary quarters subsistence allowance for up to seven days if the fellow is unable to find housing immediately upon arriving in Taiwan;
(IV)
an education allowance to assist parents in providing the fellow’s minor children with educational services ordinarily provided without charge by public schools in the United States;
(V)
moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and
(VI)
an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family.
(ii)

Modification of benefits
The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in clause (i) if such modification is warranted by fiscal circumstances.
(D)

No financial liability
The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee.
(E)

Reimbursement
Fellows may be detailed under clause (A)(ii) without reimbursement to the United States by the American Institute in Taiwan.
(F)

Allowances and benefits
Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in subparagraph (C).
(5)

GAO report
Not later than one year before the sunset of the Program pursuant to paragraph (2)(F), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following:
(A)
An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, and the places of employment.
(B)
An assessment of the costs and benefits for participants in the Program and for the United States Government of such fellowships.
(C)
An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program.
(D)
Recommendations, if any, on how to improve the Program.
(6)

Funding
(A)

Authorization of appropriations
There are authorized to be appropriated to the American Institute in Taiwan—
(i)
for fiscal year 2022, $2,900,000, of which $500,000 should be made available to an appropriate implementing partner to launch the Program; and
(ii)
for fiscal year 2023, and each succeeding fiscal year, $2,400,000.
(B)

Private sources
The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.
30213.

Increasing Department of State personnel and resources devoted to the Indo-Pacific
(a)

Findings
Congress makes the following findings:
(1)
In fiscal year 2020, the Department of State allocated $1,500,000,000 to the Indo-Pacific region in bilateral and regional foreign assistance resources, including as authorized by section 201(b) of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409; 132 Stat. 5391), and $798,000,000 in the fiscal year 2020 diplomatic engagement budget. These amounts represent only 5 percent of the diplomatic engagement budget and only 4 percent of the total Department of State-USAID budget.
(2)
Over the last 5 years the diplomatic engagement budget and personnel levels in the Indo-Pacific averaged only 5 percent of the total, while foreign assistance resources averaged only 4 percent of the total.
(3)
In 2020, the Department of State began a process to realign certain positions at posts to ensure that its personnel footprint matches the demands of great-power competition, including in the Indo-Pacific.
(b)

Sense of Congress
It is the sense of Congress that—
(1)
the size of the United States diplomatic corps must be sufficient to meet the current and emerging challenges of the 21st century, including those in the Indo-Pacific region and elsewhere;
(2)
robust Chinese-language skills are necessary for the success of the United States diplomatic corps and integral to its ability to meet national security objectives;
(3)
the increase must be designed to meet the objectives of an Indo-Pacific strategy focused on strengthening the good governance and sovereignty of countries that adhere to and uphold the rules-based international order; and
(4)
the increase must be implemented with a focus on increased numbers of economic, political, and public diplomacy officers, representing a cumulative increase of at least 200 Foreign Service officer generalists, to—
(A)
advance free, fair, and reciprocal trade and open investment environments for United States entities, and engaged in increased commercial diplomacy in key markets;
(B)
better articulate and explain United States policies, strengthen civil society and democratic principles, enhance reporting on global activities, promote people-to-people exchanges, and advance United States influence; and
(C)
increase capacity at small- and medium-sized embassies and consulates in the Indo-Pacific and other regions around the world, as necessary.
(c)

Statement of policy
It shall be the policy of the United States to—
(1)
ensure Department of State funding levels and personnel footprint in the Indo-Pacific reflect the region’s high degree of importance and significance to United States political, economic, and security interests; and
(2)
increase diplomatic engagement and foreign assistance funding and the quantity of personnel dedicated to the Indo-Pacific region respective to the Department of State’s total budget.
(d)

Action plan
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide to the appropriate congressional committees (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) of Congress an action plan that includes the following elements:
(1)
Identification of requirements to advance United States strategic objectives in the Indo-Pacific and the personnel and budgetary resources for the Department of State needed to satisfy such objectives, assuming an unconstrained resource environment.
(2)
A plan to increase the portion of the Department’s budget dedicated to the Indo-Pacific in terms of DE and FA focused on development, economic, and security assistance.
(3)
A plan to increase the number of positions at posts in the Indo-Pacific region and bureaus with responsibility for the Indo-Pacific region, including a description of increases at each post or bureau, a breakdown of increases by cone, and a description of how such increases in personnel will advance United States strategic objectives in the Indo-Pacific region.
(4)
A plan to increase the number of Chinese-language speakers and translation specialists at posts in the Indo-Pacific region and within bureau offices with responsibility for the Indo-Pacific region, including in INR.
(5)
A description of any staffing or other training or personnel reforms that may be required to quickly increase departmental capacity to address the inter-disciplinary, interconnected opportunities and challenges presented in the Indo-Pacific, including but not limited to issues related to climate change, public health, supply chains, cybersecurity, and digital technology issues.
(6)
Defined concrete and annual benchmarks that the Department will meet in implementing the action plan.
(7)
A description of any barriers to implementing the action plan and recommendations to address these barriers, noting whether additional authorities or resources from Congress is needed to address these barriers.
(e)

Updates to report and briefing
Every 180 days after the submission of the action plan described in subsection (d) for not more than 3 years, the Secretary of State shall submit an update and brief the appropriate congressional committees (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) on the implementation of such action plan, with supporting data and including a detailed assessment of benchmarks reached.
(f)

Authorization of appropriations
There is authorized to be appropriated, for fiscal year 2022, $2,000,000,000 in bilateral and regional foreign assistance resources to carry out the purposes of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq.) to the Indo-Pacific region and $1,250,000,000 in diplomatic engagement resources to the Indo-Pacific region.
(g)

Inclusion of amounts appropriated pursuant to Asia Reassurance Initiative Act of 2018
Amounts authorized to be appropriated under subsection (f) include funds authorized to be appropriated pursuant to section 201(b) of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409).
(h)

Benchmarks update
Not later than 2 years after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees on the extent to which the strategic objectives described in the action plan in subsection (d) have been satisfied or progress toward such satisfaction has been made.
30214.

Report on bilateral efforts to address Chinese fentanyl trafficking
(a)

China’s class scheduling of fentanyl and synthetic opioid precursors
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and Attorney General shall submit to the appropriate congressional committees a written report detailing—
(1)
a description of United States Government efforts to gain a commitment from the Government of the People’s Republic of China (PRC) to submit unregulated fentanyl precursors such as 4–AP to controls;
(2)
a plan for future steps the United States Government will take to urge the PRC to combat illicit fentanyl production and trafficking originating in the PRC;
(3)
an assessment of the intersection between illicit fentanyl trafficking originating in China and illicit environmental trade and possible relationships of trade-based money laundering;
(4)
an assessment of the intersection between illicit fentanyl trafficking originating in China and counterfeit medicines and medical supplies in the United States; and
(5)
an assessment of the intersection between illicit fentanyl trafficking originating in China and the illicit fentanyl trafficked over the United States-Mexico border into the United States.
(b)

Form of report
The report required under subsection (a) shall be submitted in unclassified form with a classified annex.
30215.

Facilitation of increased equity investments under the Better Utilization of Investments Leading to Development Act of 2018
(a)

Applicability of Federal Credit Reform Act of 1990
Section 1421(c) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)) is amended by adding at the end the following:
“(7)

Applicability of Federal Credit Reform Act of 1990
(A)

In general
Subject to subparagraphs (B) and (C), support provided under paragraph (1) with respect to a project shall be considered to be a Federal credit program that is subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) for purposes of applying the requirements of such Act to such support.
(B)

Determination of cost
(i)

In general
For purposes of section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5) et seq.) the cost of support provided under paragraph (1) with respect to a project shall be the net present value, at the time when funds are disbursed to provide the support, of the following estimated cash flows:
(I)
The purchase price of the support.
(II)
Dividends, redemptions, and other shareholder distributions during the term of the support.
(III)
Proceeds received upon a sale, redemption, or other liquidation of the support.
(IV)
Adjustments for risk of estimated losses, if any.
(ii)

Changes in terms included
The estimated cash flows described in subclauses (I) through (IV) of clause (i) shall include the effects of changes in terms resulting from the exercise of options included in the agreement to provide the support.
(C)

Reestimate of cost
When the estimated cost of support provided under paragraph (1) with respect to a project made in a single fiscal year is reestimated in a subsequent year, the difference between the reestimated cost and the previous cost estimate shall be paid from the balances available in the Corporate Capital Account established under section 1434.” .
(b)

Maximum contingent liability
Section 1433 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9633) is amended by striking “$60,000,000,000” and inserting “$100,000,000,000”.
(c)

Funding for Corporate Capital Account
Section 1434(b) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9634(b)) is amended—
(1)
in paragraph (5), by striking “and” at the end;
(2)
by redesignating paragraph (6) as paragraph (7); and
(3)
by inserting after paragraph (5) the following:
“(6)
receipts of reestimated costs received pursuant to section 1421(c); and”.
(d)

Report
Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation shall submit to the appropriate congressional committees and the Committee on Appropriations of the House of Representatives and the Senate a report on—
(1)
a plan to expand the Corporation’s financing to support United States national security and development priorities in critical regions; and
(2)
the budgetary, staffing, and programmatic resources that would be required in order to carry out the plan required by this subsection.
30216.

Expanding investment by United States International Development Finance Corporation for vaccine manufacturing, distribution, storage, and delivery
(a)

In general
The Development Finance Corporation is authorized to provide financing to entities in India and in other less developed countries to increase vaccine manufacturing, distribution, storage, and delivery capacity for the following purposes:
(1)
Manufacturing Stringent Regulatory Authorization (SRA) or World Health Organization (WHO) Emergency Use Listing COVID–19 vaccines.
(2)
Manufacturing SRA or WHO Emergency Use Listing therapeutics used to treat symptoms related to COVID–19.
(3)
Manufacturing critical medical supplies needed for preventing, detecting and treating COVID–19, including ventilators, personal protective equipment, oxygen, diagnostics, auto-disable syringes, therapeutics and vaccines.
(4)
Enhancing the cold chain necessary for the production, delivery, storage, and distribution of vaccines.
(b)

Reporting requirement
Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the Development Finance Corporation, in coordination with the Secretary of State, shall provide a report to the appropriate congressional committees—
(1)
outlining the countries where DFC financing could be most impactful for vaccine manufacturing, distribution, storage, and delivery and to achieve the goal of manufacturing, distributing, and delivering 1 billion COVID–19 vaccines by 2022;
(2)
including a detailed explanation of the United States and partner country interests served by the United States providing support to such projects;
(3)
including a detailed description of any support provided by other United States allies and partners to expand the initiatives outlined in subsection (a); and
(4)
including a detailed description of any support provided by the People’s Republic of China in support of the initiatives outlined in subsection (a).
(c)

Form of report
The report required by subsection (b) shall be submitted in unclassified form with a classified annex if necessary.
30217.

Actions to prevent the spread of the COVID–19 pandemic
The Secretary of State, in coordination with the Administrator for the US Agency for International Development, shall to the extent practicable, expand testing capacity, vaccination distribution, and acquisition of needed medical supplies, including available COVID–19 vaccines and supporting vaccination efforts, to—
(1)
ensure continued success in preventing the spread of the COVID–19 pandemic,
(2)
achieve swift and widespread vaccinations, pursuing long-term economic recovery globally, and
(3)
demonstrate American commitment to global engagement and diplomatic support.
30218.

Ensuring United States diplomatic posts align with American strategic national security and economic objectives
(a)

Finding
With 276 embassies and other representative offices globally, China now has more diplomatic posts around the world than any other country, including the United States. Many of Beijing’s new missions can be found in countries that recently broke ties with Taiwan (Burkina Faso, the Dominican Republic, El Salvador, the Gambia, and São Tomé and Principe) or do not have any United States diplomatic physical presence despite these countries asking for increased United States engagement and investment (Antigua and Barbuda and Dominica).
(b)

Sense of Congress
It is the sense of Congress, that the Department of State should conduct an assessment of all United States diplomatic missions and posts to verify such missions and posts align with United States national security and economic interests, as well as ensuring that these locations position the United States appropriately with its strategic competitors to advance the national interest in every country worldwide, including those countries currently lacking any physical United States diplomatic presence, whether an embassy, consulate general, or principal officer post.
(c)

Reporting
Not later than 180 days after the date of the enactment of this Act and biennially thereafter for 4 years, the Secretary of State shall submit to the appropriate congressional committees (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) a report assessing the number, location, and objectives of each of its diplomatic missions and posts worldwide, including an assessment of any gaps that exist compared to other country strategic competitors. The Secretary of State shall coordinate with the heads of other Federal departments and agencies having an overseas presence at any United States diplomatic mission or post to ensure such assessment reflects all Federal Government equities and viewpoints.
30219.

Authorization of appropriations for the Fulbright-Hays Program
(a)

In general
There are authorized to be appropriated, for the 5-year period beginning on October 1, 2021, $105,500,000, to promote education, training, research, and foreign language skills through the Fulbright-Hays Program, in accordance with section 102(b) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)).
(b)

Nullification
Section 3(i) of Executive Order No. 13936 (relating to the termination of the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong) is nullified and shall have no force or effect, and Fulbright exchanges with China and Hong Kong shall carry on as if such section had not be included in such Executive Order.
30219A.

Supporting independent media and countering disinformation
(a)

Authorization of USAGM appropriations
There is authorized to be appropriated for the United States Agency for Global Media $100,000,000 for each of fiscal years 2022 through 2026, for ongoing and new programs to support local media, build independent media, combat CCP disinformation inside and outside of the People’s Republic of China, invest in technology to subvert censorship, and monitor and evaluate such programs, of which—
(1)
not less than $70,000,000 shall be directed to a grant to Radio Free Asia language services;
(2)
not less than $20,000,000 shall be made available to serve populations in China through Mandarin, Cantonese, Uyghur, and Tibetan language services; and
(3)
not less than $5,500,000 shall be made available for digital media services—
(A)
to counter propaganda of non-Chinese populations in foreign countries; and
(B)
to counter propaganda of Chinese populations in China through “Global Mandarin” programming.
(b)

Support for local media
The Secretary of State, acting through the Assistant Secretary of State for Democracy, Human Rights, and Labor, and the Administrator of the United States Agency for International Development, acting through the Assistant Administrator for Development, Democracy, and Innovation, shall jointly support and train foreign journalists on investigative techniques necessary to ensure public accountability, promote transparency, fight corruption, and support the ability of the public to develop informed opinions about pressing issues facing their countries.
(c)

Internet freedom programs
The Bureau of Democracy, Human Rights, and Labor shall continue to support internet freedom programs.
(d)

Authorization of appropriations
There is authorized to be appropriated to the Department of State and United States Agency for International Development $170,000,000 for each of fiscal years 2022 through 2026, for ongoing and new programs in support of press freedom, training, and protection of journalists. Amounts appropriated pursuant to this authorization are authorized to remain available until expended and shall be in addition to amounts otherwise authorized to be appropriated to support press freedom, training, and protection of journalists.
30219B.

Global Engagement Center
(a)

Finding
Congress established the Global Engagement Center to “direct, lead, and coordinate efforts” of the Federal Government to “recognize, understand, expose, and counter foreign state and non-state propaganda and disinformation globally”.
(b)

Extension
Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by striking “the date that is 8 years after the date of the enactment of this Act” and inserting “December 31, 2027”.
(c)

Sense of congress
It is the sense of Congress that the Global Engagement Center should expand its coordinating capacity of diplomatic messaging through the exchange of liaison officers with Federal departments and agencies that manage aspects of identifying and countering foreign disinformation, including the Office of the Director of National Intelligence and Special Operations Command’s Joint MISO Web Operations Center.
(d)

Authorization of appropriations
There is authorized to be appropriated $150,000,000 for fiscal year 2022 for the Global Engagement Center to counter foreign state and non-state sponsored propaganda and disinformation.
30219C.

Report on origins of the COVID–19 pandemic
(a)

Sense of congress
It is the sense of Congress that—
(1)
understanding the origins of the COVID-19 pandemic may help the United States better prepare, prevent, and respond to pandemic health threats in the future;
(2)
given the impact of the COVID–19 pandemic on all Americans, the American people deserve to know what information the United States Government possesses about the origins of COVID–19, as appropriate;
(3)
it is critical for independent experts to have full access to all pertinent human, animal, and environmental data, biological sample, research, and personnel involved in the early stages of the outbreak relevant to determining how this pandemic emerged;
(4)
Congress shares the concerns expressed by the United States Government and 13 other foreign governments that the international team of experts dispatched to the People’s Republic of China by the World Health Organization (WHO) to study the origins of the SARS–CoV–2 virus was “significantly delayed and lacked access to complete, original data and samples”;
(5)
the G7 communique expressing support for full implementation of the International Health Regulations, including “a timely, transparent, expert-led, and science-based WHO-convened Phase 2 COVID–19 Origins study including, as recommended by the experts’ report, in China” is a valuable commitment by the United States and its allies to investigating the origins of COVID–19 in order to better prepare for future pandemics; and
(6)
Congress supports the effort announced by President Biden, directing the intelligence community to conduct a 90 day review to further analyze information pointing to the origins of COVID–19, which resulted in broad intelligence community agreement that the “virus was not developed as a biological weapon” and “two hypotheses remain plausible: natural exposure to an infected animal and a laboratory-associated incident”.
(b)

Report required
Not later than 180 days after enactment of this Act, the President shall submit to the appropriate committees of Congress a report consisting of—
(1)
an assessment of the most likely source or origin of the SARS–CoV–2 virus, including a detailed review of all information the United States possesses that it has identified as potentially relevant to the source or origin of the SARS–CoV–2 virus, including zoonotic transmission and spillover, or other sources of origin, transmission, or spillover, based on the information the United States Government has to date;
(2)
its level of confidence in its assessment; and
(3)
challenges identified to its ability to make such an assessment.
(c)

Form
The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.
(d)

Appropriate committees of congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations of the Senate;
(2)
the Select Committee on Intelligence of the Senate;
(3)
the Committee on Health, Education, Labor, and Pensions of the Senate;
(4)
the Committee on Energy and Natural Resources of the Senate;
(5)
the Committee on Foreign Affairs of the House of Representatives;
(6)
the Permanent Select Committee on Intelligence of the House of Representatives; and
(7)
the Committee on Energy and Commerce of the House of Representatives.
30219D.

Extension of Asia Reassurance Initiative Act of 2018
(a)

Sense of congress
It is the sense of Congress that—
(1)
the Indo-Pacific region is home to many of the world’s most dynamic democracies, economic opportunities, as well as many challenges to United States interests and values as a result of the growth in authoritarian governance in the region and by broad challenges posed by nuclear proliferation, the changing environment, and deteriorating adherence to human rights principles and obligations;
(2)
the People’s Republic of China poses a particular threat as it repeatedly violates internationally recognized human rights, engages in unfair economic and trade practices, disregards international laws and norms, coerces its neighbors, engages in malign influence operations, and enables global digital authoritarianism;
(3)
the Asia Reassurance Initiative Act of 2018 (“ARIA”) enhances the United States’ commitment in the Indo-Pacific region by—
(A)
expanding its defense cooperation with its allies and partners;
(B)
investing in democracy and the protection of human rights;
(C)
engaging in cybersecurity initiatives; and
(D)
supporting people-to-people engagement and other shared priorities; and
(4)
the 2019 Department of Defense Indo-Pacific Strategy Report concludes that ARIA “enshrines a generational whole-of-government policy framework that demonstrates U.S. commitment to a free and open Indo-Pacific region”.
(b)

Authorization of appropriations
The Asia Reassurance Initiative Act of 2018 (Public Law 115–409) is amended—
(1)
in section 201(b), by striking “$1,500,000,000 for each of the fiscal years 2019 through 2023” and inserting “$2,000,000,000 for each of fiscal years 2022 through 2026”;
(2)
in section 215(b), by striking “2023” and inserting “2026”;
(3)
in section 306(a)—
(A)
in paragraph (1), by striking “5 years” and inserting “8 years”; and
(B)
in paragraph (2), by striking “2023” and inserting “2026”;
(4)
in section 409(a)(1), by striking “2023” and inserting “2026”;
(5)
in section 410—
(A)
in subsection (c), by striking “2023” and inserting “2026”; and
(B)
in subsection (d), in the matter preceding paragraph (1), by striking “2023” and inserting “2026”; and
(6)
in section 411, by striking “2023” and inserting “2026”.
30219E.

China Watcher Program
(a)

In general
The Secretary of State, acting through the Assistant Secretary of State for East Asian and Pacific Affairs, and in coordination with relevant offices and bureaus of the Department of State, shall implement a “China Watcher Program” within the Department of State to—
(1)
monitor and combat Chinese malign influence across economic and political sectors in foreign countries; and
(2)
augment the capacity of United States Government engagement with foreign countries and regional and international economic and political organizations and institutions relating to policy coordination regarding China and such Chinese malign influence.
(b)

Placement
In carrying out the China Watcher Program under this section, the Secretary of State shall place Foreign Service officers in positions in select United States diplomatic and consular posts, at the discretion of the Secretary of State, to engage both Chinese and third-country nationals, including host governments, on the matters described in subsection (a).
(c)

Annual report
Each diplomatic or consular post with a China Watcher Program shall produce an annual report outlining the steps each such post has taken to advance the mission, trends observed, and the nature and extent of Chinese foreign direct investment and influence in key economic and political sectors, including technology, manufacturing, transportation, energy, metals, agriculture, and real estate.
(d)

Authorization of annual appropriations
There is authorized to be appropriated $5,000,000 for fiscal year 2022 and each fiscal year thereafter to carry out this section.
30219F.

Liu Xiaobo Fund for Study of the Chinese Language
(a)

Sense of Congress
It is the sense of Congress that—
(1)
as a substitute to Confucius Institutes, the United States Government should invest heavily into alternative programs and institutions that ensure there remains a robust pipeline of Americans learning China’s many languages; and
(2)
in a 21st century that will be dominated by a strategic competition between the United States and China, it is in the national security interests of the United States to ensure that Americans continue to invest in Chinese language skills, as well as Tibetan, Uyghur, and Mongolian languages, while ensuring they can do so in a context free of malign political influence from foreign state actors.
(b)

Establishment of the Liu Xiaobo Fund for Study of the Chinese Language
The Secretary of State shall establish in the Department of State the “Liu Xiaobo Fund for Study of the Chinese Language” to fund study by United States persons of Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China, abroad or in the United States.
(c)

Authorization of appropriations
There are authorized to be appropriated to the Department of State for fiscal year 2021 and every fiscal year thereafter, $10,000,000 to carry out the Liu Xiaobo Fund for Study of the Chinese Language.
(d)

Required activities
Amounts authorized to be appropriated pursuant to subsection (c) shall—
(1)
be designed to advance the national security and foreign policy interests of the United States, as determined by the Secretary of State;
(2)
favor funding mechanisms that can maximize the total number of United States persons given the opportunity to acquire full conversational linguistic proficiency in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;
(3)
favor funding mechanisms that provide opportunities for such language study to areas traditionally under-served by such opportunities;
(4)
be shaped by an ongoing consultative process taking into account design inputs of—
(A)
civil society institutions, including Chinese diaspora community organizations;
(B)
language experts in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;
(C)
organizations representing historically disadvantaged socioeconomic groups in the United States; and
(D)
human rights organizations; and
(5)
favor opportunities to fund the study of Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China at Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, historically Black college or universities, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, Predominantly Black institutions, Tribal Colleges or Universities.
(e)

Report
(1)

In general
Not later than 120 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of State, in consultation with the heads of appropriate Federal departments and agencies, as appropriate, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing activities and disbursements made to carry out this Act over the immediately preceding academic year.
(2)

Report contents
Each report required under paragraph (1) shall include details on—
(A)
which institutions, programs, or entities received funds through the Liu Xiaobo Fund for Study of the Chinese Language;
(B)
funds distribution disaggregated by institution, program, or entity, including identification of the State or country in which such institution, program, or entity is located;
(C)
the number of United States persons who received language study under the Liu Xiaobo Fund for Study of the Chinese Language, and the average amount disbursed per person for such study;
(D)
a comparative analysis of per dollar program effectiveness and efficiency in allowing United States persons to reach conversational proficiency Mandarin or Cantonese Chinese, Tibetan, Uyghur, Mongolian, or other contemporary spoken languages of China;
(E)
an analysis of which of the languages referred to in subparagraph (D) were studied through the funding from the Liu Xiaobo Fund for Study of the Chinese Language; and
(F)
any recommendations of the Secretary of State for improvements to the authorities, priorities, or management of the Liu Xiaobo Fund for Study of the Chinese Language.
(f)

Interagency funds transfers authorization
Amounts authorized to be appropriated to the Secretary of State to carry out this Act are authorized to be transferred to the heads of other appropriate Federal departments and agencies for similar purposes, subject to prior notification to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Such heads shall consult with the Secretary in the preparation of the report required under subsection (e).
(g)

Limitations
Amounts authorized to be appropriated to carry out this Act may only be made available for the costs of language study funded and administration incurred by the Department of State or programs carried out by the Department of State (or by another Federal department or agency pursuant to subsection (f)) to carry out this section.
(h)

Definitions
In this section:
(1)

Alaska Native-serving institution
The term Alaska Native-serving institution has the meaning given such term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
(2)

Asian American and Native American Pacific Islander-serving institution
The term Asian American and Native American Pacific Islander-serving institution has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(3)

Hispanic-serving institution
The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
(4)

Historically Black college or university
The term historically Black college or university means a part B institution described in section 322(2) of the Higher Education Act of 1965 (22 U.S.C. 1061(2)).
(5)

Native American-serving nontribal institution
The term Native American-serving nontribal institution has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(6)

Native Hawaiian-serving institution
The term Native Hawaiian-serving institution has the meaning given such term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
(7)

Predominantly Black institution
The term Predominantly Black institution has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(8)

Tribal College or University
The term Tribal College or University has the meaning given such term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
30219G.

Oversight of funds made available through the American Rescue Plan Act of 2021
(a)

Authorities and conditions
Amounts authorized and appropriated under title X of the American Rescue Plan Act of 2021 (Public Law 117–2) to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be subject to the applicable authorities and conditions for funds made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and division K of Public Law 116–260.
(b)

Oversight and accountability
Amounts authorized and appropriated under sections 10001 and 10002 of American Rescue Plan Act of 2021 may be transferred to the Inspector General of the Department of State and the Inspector General of the United States Agency for International Development to expand the capacity of such Inspectors General to conduct effective oversight of the foreign assistance programs and activities under such Act.
(c)

United states contributions to the global fund to fight aids, tuberculosis, and malaria covid–19 response mechanism
United States contributions to the Global Fund to Fight AIDS, Tuberculosis, and Malaria COVID–19 Response Mechanism under section 10003(a)(2) of American Rescue Plan Act of 2021—
(1)
shall be meaningfully leveraged in a manner that incentivizes other public and private donor contributions; and
(2)
shall be subject to the reporting and withholding requirements under subsections (c), (d)(4)(A)(ii), (d)(4)(C), (d)(5), (d)(6), (f), and (g) of section 202 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622).
30219H.

Requirements relating to vaccine branding
The President shall ensure that every vaccine donated or otherwise procured and financed by the United States Government shall be clearly branded with the United States flag.
30219I.

National Intelligence Estimate on escalation and de-escalation of gray zone activities in great power competition
(a)

Findings
Congress finds the following:
(1)
The conventional power of the United States has driven foreign adversaries to a level of competition that does not always depend on military confrontation with the United States.
(2)
Rather than challenging the United States in a manner that could provoke a kinetic military response, foreign adversaries of the United States have turned to carrying out gray zone activities to advance the interests of such adversaries, weaken the power of the United States, and erode the norms that underpin the United States-led international order.
(3)
Gray zone activity falls on a spectrum of attribution and deniability that ranges from covert adversary operations, to detectible covert adversary operations, to unattributable adversary operations, to deniable adversary operations, to open adversary operations.
(4)
To adequately address such a shift to gray zone activity, the United States must understand what actions tend to either escalate or de-escalate such activity by our adversaries.
(5)
The laws, principles, and values of the United States are strategic advantages in great power competition with authoritarian foreign adversaries that carry out gray zone activities, because such laws, principles, and values increase the appeal of the governance model of the United States, and the United States-led international order, to states and peoples around the world.
(6)
The international security environment has demonstrated numerous examples of gray zone activities carried out by foreign adversaries, including the following activities of foreign adversaries:
(A)
Information operations, such as efforts by Russia to influence the 2020 United States Federal elections (as described in the March 15, 2021, intelligence community assessment of the Office of the Director of National Intelligence made publicly available on March 15, 2021).
(B)
Adversary political coercion operations, such as the wielding of energy by Russia, particularly in the context of Ukrainian gas pipelines, to coerce its neighbors into compliance with its policies.
(C)
Cyber operations, such as the use by China of cyber tools to conduct industrial espionage.
(D)
Provision of support to proxy forces, such as the support provided by Iran to Hezbollah and Shia militia groups.
(E)
Provocation by armed forces controlled by the government of the foreign adversary through measures that do not rise to the level of an armed attack, such as the use of the China Coast Guard and maritime militia by China to harass the fishing vessels of other countries in the South China Sea.
(F)
Alleged uses of lethal force on foreign soil, such as the 2018 attempts by Russia to poison Sergei Skripal in London.
(G)
The potential use by an adversary of technology that causes anomalous health incidents among United States Government personnel.
(b)

National Intelligence Estimate
(1)

Requirement
The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on how foreign adversaries use gray zone activities to advance interests, what responses by the United States (or the allies or partners of the United States) would tend to result in the escalation or de-escalation of such gray zone activities by foreign adversaries, and any opportunities for the United States to minimize the extent to which foreign adversaries use gray zone activities in furtherance of great power competition.
(2)

Matters included
To the extent determined appropriate by the National Intelligence Council, the National Intelligence Estimate produced under paragraph (1) may include an assessment of the following topics:
(A)
Any potential or actual lethal or harmful gray zone activities carried out against the United States by foreign adversaries, including against United States Government employees and United States persons, whether located within or outside of the United States.
(B)
To the extent such activities have occurred, or are predicted to occur—
(i)
opportunities to reduce or deter any such activities; and
(ii)
any actions of the United States Government that would tend to result in the escalation or de-escalation of such activities.
(C)
Any incidents in which foreign adversaries could have used, but ultimately did not use, gray zone activities to advance the interests of such adversaries, including an assessment as to why the foreign adversary ultimately did not use gray zone activities.
(D)
The effect of lowering the United States Government threshold for the public attribution of detectible covert adversary operations, unattributable adversary operations, and deniable adversary operations.
(E)
The effect of lowering the United States Government threshold for responding to detectible covert adversary operations, unattributable adversary operations, and deniable adversary operations.
(F)
The extent to which the governments of foreign adversaries exercise control over any proxies or parastate actors used by such governments in carrying out gray zone activities.
(G)
The extent to which gray zone activities carried out by foreign adversaries affect the private sector of the United States.
(H)
The international norms that provide the greatest deterrence to gray zone activities carried out by foreign adversaries, and opportunities for strengthening those norms.
(I)
The effect, if any, of the strengthening of democratic governance abroad on the resilience of United States allies and partners to gray zone activities.
(J)
Opportunities to strengthen the resilience of United States allies and partners to gray zone activities, and associated tactics, carried out by foreign adversaries.
(K)
Opportunities for the United States to improve the detection of, and early warning for, such activities and tactics.
(L)
Opportunities for the United States to galvanize international support in responding to such activities and tactics.
(3)

Submission to Congress
(A)

Submission
Not later than 1 year after the date of the enactment of this Act, the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the National Intelligence Estimate produced under paragraph (1), including all intelligence reporting underlying the Estimate.
(B)

Notice regarding submission
If at any time before the deadline specified in subparagraph (A), the Director determines that the National Intelligence Estimate produced under paragraph (1) cannot be submitted by such deadline, the Director shall (before such deadline) submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth the reasons why the National Intelligence Estimate cannot be submitted by such deadline and an estimated date for the submission of the National Intelligence Estimate.
(C)

Form
Any report under subparagraph (B) shall be submitted in unclassified form.
(4)

Public version
Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the National Intelligence Estimate under paragraph (1), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate.
(5)

Definitions
In this subsection:
(A)

Gray zone activity
The term “gray zone activity” means an activity to advance the national interests of a State that—
(i)
falls between ordinary statecraft and open warfare;
(ii)
is carried out with an intent to maximize the advancement of interests of the state without provoking a kinetic military response by the United States; and
(iii)
falls on a spectrum that ranges from covert adversary operations, to detectible covert adversary operations, to unattributable adversary operations, to deniable adversary operations, to open adversary operations.
(B)

Covert adversary operation
The term “covert adversary operation” means an operation by an adversary that—
(i)
the adversary intends to remain below the threshold at which the United States detects the operation; and
(ii)
does stay below such threshold.
(C)

Detectible covert adversary operation
The term “detectible covert adversary operation” means an operation by an adversary that—
(i)
the adversary intends to remain below the threshold at which the United States detects the operation; but
(ii)
is ultimately detected by the United States at a level below the level at which the United States will publicly attribute the operation to the adversary.
(D)

Unattributable adversary operation
The term “unattributable adversary operation” means an operation by an adversary that the adversary intends to be detected by the United States, but remain below the threshold at which the United States will publicly attribute the operation to the adversary.
(E)

Deniable adversary operation
The term “deniable adversary operation” means an operation by an adversary that—
(i)
the adversary intends to be detected and publicly or privately attributed by the United States; and
(ii)
the adversary intends to deny, to limit the response by the United States, and any allies of the United States.
(F)

Open adversary operation
The term “open adversary operation” means an operation by an adversary that the adversary openly acknowledges as attributable to the adversary.
(c)

Requirement to develop lexicon
(1)

Requirement
The Director of National Intelligence, acting through the National Intelligence Council, shall develop a lexicon of common terms (and corresponding definitions for such terms) for concepts associated with gray zone activities.
(2)

Considerations
In developing the lexicon under paragraph (1), the National Intelligence Council shall include in the lexicon each term (and the corresponding definition for each term) specified in subsection (b)(5), unless the National Intelligence Council determines that an alternative term (or alternative definition)—
(A)
more accurately describes a concept associated with gray zone activities; or
(B)
is preferable for any other reason.
(3)

Report
(A)

Publication
The Director of National Intelligence shall publish a report containing the lexicon developed under paragraph (1).
(B)

Form
The report under subparagraph (A) shall be published in unclassified form.
30219J.

Prioritizing Digital Infrastructure and Connectivity
(a)

In general
Section 1451 of the Better Utilization of Investments Leading to Development Act 2018 (22 U.S.C. 9613) is amended by inserting after subsection (i) the following:
“(j)

Prioritizing Digital Infrastructure and Connectivity
The Corporation should prioritize support to projects that—
(1)
increase digital infrastructure and connectivity, including operators of voice and data networks, development options for countries with the greatest need for digital infrastructure investment and in cases in which competing digital infrastructure financing proposals lack high standards for data security and protection of users’ human rights; and
(2)
align with the Corporation’s authorities relating to provisions of support as outlined in section 1421(a).”.
(b)

Report
Not later than one year after the date of the enactment of this Act, the United States International Development Financing Corporation shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes an identification and description of—
(1)
regions and countries with the greatest need for investment in digital infrastructure, including the types of such digital infrastructure;
(2)
regions and countries in which investment in digital infrastructure will be most effective in promoting high standards for data security and protection of users’ human rights; and
(3)
efforts of partner governments to provide digital infrastructure development financing initiatives and efforts of the Corporation to coordinate with such partner governments with respect to such digital infrastructure development financing.
30219K.

Report on multilateral efforts to address Latin American fentanyl trafficking and efforts between Latin America and China on fentanyl trafficking
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, shall submit to the appropriate congressional committees a written report that contains—
(1)
a description of United States Government efforts to gain a commitment from the governments of Latin American countries to combat the production and flow of illicit fentanyl products and the metrics used to measure the success of existing bilateral agreements with individual Latin American countries;
(2)
a plan for future steps the United States Government will take to urge the Latin American governments to combat illicit fentanyl production and trafficking originating in their respective countries;
(3)
a description of efforts between China and Latin American countries to combat the production and flow of illicit fentanyl products originating in China and Latin America;
(4)
a description of United States Government efforts to urge China and Latin American countries to detect and deter the financing of the production and flow of illicit fentanyl products originating in China and Latin America, to trace the proceeds of their sale, and to combat related corruption; and
(5)
a plan for future steps the United States Government will take to urge the Latin American governments and Chinese Government to address transnational criminal organizations and combat illicit fentanyl production and trafficking originating in their respective countries.
(b)

Form of report
The report required by subsection (a) shall be submitted in unclassified form with a classified annex.
(c)

Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and
(2)
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
30219L.

Report generation and sharing on long term cost of Belt and Road Initiative to third countires
The Secretary of State shall coordinate with the Secretary of Treasury and the heads of other Federal agencies as relevant a report for each country participating or considering participating in the People’s Republic of China’s One Belt, One Road Initiative to show the full spectrum of negative costs on participant countries. The report shall—
(1)
show the long-term financial costs of such participation;
(2)
describe China’s use of One Belt, One Road to enrich Chinese State Owned Enterprises;
(3)
provide examples of China’s imposition of political cost on participating countries; and
(4)
contain any additional information determined necessary to dissuade future participation with China’s debt trap and coercive infrastructure program.
30219M.

Sense of Congress regarding the status of China
It is the sense of Congress that—
(1)
the People’s Republic of China is a fully industrialized nation and no longer a developing nation; and
(2)
any international agreement that provides or accords China a favorable status or treatment as a “developing nation” should be updated to reflect the status of China.
30219N.

Report on providing access to uncensored media in China
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide to Congress a classified report on what is needed to provide access to free and uncensored media in the Chinese market.
30219O.

Report on open radio access networks
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the national security implications of open radio access networks (Open RAN or O-RAN) that—
(1)
provides information on the United States Government’s international engagement to support United States leadership in Open RAN, including the Department of State’s diplomatic efforts to ensure United States leadership in international standard setting bodies for Open RAN;
(2)
describes the involvement of China headquartered companies in Open RAN standards setting bodies such as the O-RAN Alliance;
(3)
reviews the national security risks posed by the presence of entities included on the Bureau of Industry and Security’s “Entity List” in the O-RAN Alliance;
(4)
determines whether entities that do business in the United States can participate in the O-Ran Alliance under existing sanctions and export control laws;
(5)
analyzes whether United States national security is affected by the limited number of telecommunications equipment vendors, and examines whether the advent and deployment of Open RAN would expand the number of equipment and service providers;
(6)
outlines how the United States can work with allies, partners, and other countries to ensure that Open RAN maintains the highest security and privacy standards; and
(7)
identifies steps the United States can take to assert leadership in Open RAN.
(b)

Appropriate committees of congress defined
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Foreign Affairs of the House of Representatives;
(2)
the Committee on Foreign Relations of the Senate;
(3)
the Committee on Energy and Commerce of the House of Representatives; and
(4)
the Committee on Commerce, Science, and Transportation of the Senate.
B

International Security Matters
30221.

Appropriate committees of Congress
In this subtitle, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
30222.

Additional funding for international military education and training in the Indo-Pacific
(a)
In general.—There is authorized to be appropriated for each of fiscal years 2022 through fiscal year 2026 for the Department of State, out of amounts authorized to be appropriated or otherwise made available for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training assistance), $45,000,000 for activities in the Indo-Pacific region in accordance with this subtitle. Funds may be disbursed only after vetting of individuals proposed to be trained, consistent with sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d).
(b)

Limitation
(1)

In general
None of the funds authorized to be appropriated by subsection (a) may be used to provide assistance to any foreign security force units if the Secretary of State determines that such forces have engaged in patterns of torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, authorized by high-ranking officials or other flagrant denial of the right to life, liberty, or the security of person, authorized by high-ranking officials pursuant to section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304).
(2)

Waiver
The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the prohibition in paragraph (1) if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States or its partners and allies.
30223.

Statement of policy
It shall be the policy of the United States to—
(1)
prioritize the Indo-Pacific region in United States foreign policy, and prioritize resources for achieving United States political and military objectives in the region;
(2)
exercise freedom of operations in the international waters and airspace in the Indo-Pacific maritime domains, which are critical to the prosperity, stability, and security of the Indo-Pacific region;
(3)
maintain forward-deployed forces in the Indo-Pacific region, including a rotational bomber presence, integrated missile defense capabilities, long-range precision fires, undersea warfare capabilities, and diversified and resilient basing and rotational presence, including support for pre-positioning strategies;
(4)
strengthen and deepen the alliances and partnerships of the United States to build capacity and capabilities, increase multilateral partnerships, modernize communications architecture, address anti-access and area denial challenges, and increase joint exercises and security cooperation efforts;
(5)
reaffirm the commitment and support of the United States for allies and partners in the Indo-Pacific region, including longstanding United States policy regarding—
(A)
Article V of the Treaty of Mutual Cooperation and Security between the United States and Japan, signed at Washington January 19, 1960;
(B)
Article III of the Mutual Defense Treaty between the United States and the Republic of Korea, signed at Washington October 1, 1953;
(C)
Article IV of the Mutual Defense Treaty between the United States and the Republic of the Philippines, signed at Washington August 30, 1951, including that, as the South China Sea is part of the Pacific, any armed attack on Philippine forces, aircraft or public vessels in the South China Sea will trigger mutual defense obligations under Article IV of our mutual defense treaty;
(D)
Article IV of the Australia, New Zealand, United States Security Treaty, done at San Francisco September 1, 1951; and
(E)
the Southeast Asia Collective Defense Treaty, done at Manila September 8, 1954, together with the Thanat-Rusk Communique of 1962;
(6)
collaborate with United States treaty allies in the Indo-Pacific to foster greater multilateral security and defense cooperation with other regional partners;
(7)
ensure the continuity of operations by the United States Armed Forces in the Indo-Pacific region, including, as appropriate, in cooperation with partners and allies, in order to reaffirm the principle of freedom of operations in international waters and airspace in accordance with established principles and practices of international law;
(8)
sustain the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the “Six Assurances” provided by the United States to Taiwan in July 1982 as the foundations for United States-Taiwan relations, and to deepen, to the fullest extent possible, the extensive, close, and friendly relations of the United States and Taiwan, including cooperation to support the development of capable, ready, and modern forces necessary for the defense of Taiwan;
(9)
enhance security partnerships with India, across Southeast Asia, and with other nations of the Indo-Pacific;
(10)
deter acts of aggression or coercion by the PRC against United States and allies’ interests, especially along the First Island Chain and in the Western Pacific, by showing PRC leaders that the United States can and is willing to deny them the ability to achieve their objectives, including by—
(A)
consistently demonstrating the political will of the United States to deepening existing treaty alliances and growing new partnerships as a durable, asymmetric, and unmatched strategic advantage to the PRC’s growing military capabilities and reach;
(B)
maintaining a system of forward-deployed bases in the Indo-Pacific region as the most visible sign of United States resolve and commitment to the region, and as platforms to ensure United States operational readiness and advance interoperability with allies and partners;
(C)
adopting a more dispersed force posture throughout the region, particularly the Western Pacific, and pursuing maximum access for United States mobile and relocatable launchers for long-range cruise, ballistic, and hypersonic weapons throughout the Indo-Pacific region;
(D)
fielding long-range, precision-strike networks to United States and allied forces, including ground-launched cruise missiles, undersea and naval capabilities, and integrated air and missile defense in the First Island Chain and the Second Island Chain, in order to deter and prevent PRC coercion and aggression, and to maximize the United States ability to operate;
(E)
strengthening extended deterrence to ensure that escalation against key United States interests would be costly, risky, and self-defeating; and
(F)
collaborating with allies and partners to accelerate their roles in more equitably sharing the burdens of mutual defense, including through the acquisition and fielding of advanced capabilities and training that will better enable them to repel PRC aggression or coercion; and
(11)
maintain the capacity of the United States to impose prohibitive diplomatic, economic, financial, reputational, and military costs on the PRC for acts of coercion or aggression, including to defend itself and its allies regardless of the point of origin of attacks against them.
30224.

Foreign military financing in the Indo-Pacific and authorization of appropriations for Southeast Asia maritime security programs and diplomatic outreach activities
(a)

Foreign military financing funding
In addition to any amount appropriated pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763) (relating to foreign military financing assistance), there is authorized to be appropriated for each of fiscal years 2022 through fiscal year 2026 for activities in the Indo-Pacific region in accordance with this section—
(1)
$110,000,000 for fiscal year 2022;
(2)
$125,000,000 for fiscal year 2023;
(3)
$130,000,000 for fiscal year 2024;
(4)
$140,000,000 for fiscal year 2025; and
(5)
$150,000,000 for fiscal year 2026.
(b)

Southeast maritime law enforcement initiative
There is authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2026 for the Department of State for International Narcotics Control and Law Enforcement (INCLE) for the support of the Southeast Asia Maritime Law Enforcement Initiative.
(c)

Diplomatic outreach activities
There is authorized to be appropriated to the Department of State $1,000,000 for each of fiscal years 2022 through 2026, which shall be used—
(1)
to conduct, in coordination with the Department of Defense, outreach activities, including conferences and symposia, to familiarize partner countries, particularly in the Indo-Pacific region, with the United States’ interpretation of international law relating to freedom of the seas; and
(2)
to work with allies and partners in the Indo-Pacific region to better align respective interpretations of international law relating to freedom of the seas, including on the matters of operations by military ships in exclusive economic zones, innocent passage through territorial seas, and transits through international straits.
(d)

Program authorization and purpose
Using amounts appropriated pursuant to subsection (a), the Secretary of State, in coordination with the Secretary of Defense, is authorized to provide assistance for the purpose of increasing maritime security and domain awareness for countries in the Indo-Pacific region—
(1)
to provide assistance to national military or other security forces of such countries that have maritime security missions among their functional responsibilities;
(2)
to provide training to ministry, agency, and headquarters level organizations for such forces; and
(3)
to provide assistance and training to other relevant foreign affairs, maritime, or security-related ministries, agencies, departments, or offices that manage and oversee maritime activities and policy that the Secretary of State may so designate.
(e)

Designation of assistance
Assistance provided by the Secretary of State under subsection (g) shall be known as the “Indo-Pacific Maritime Security Initiative” (in this section referred to as the “Initiative”).
(f)

Program objectives
Assistance provided through the Initiative may be used to accomplish the following objectives:
(1)
Retaining unhindered access to and use of international waterways in the Indo-Pacific region that are critical to ensuring the security and free flow of commerce and to achieving United States national security objectives.
(2)
Improving maritime domain awareness in the Indo-Pacific region.
(3)
Countering piracy in the Indo-Pacific region.
(4)
Disrupting illicit maritime trafficking activities and other forms of maritime trafficking activity in the Indo-Pacific that directly benefit organizations that have been determined to be a security threat to the United States.
(5)
Enhancing the maritime capabilities of a country or regional organization to respond to emerging threats to maritime security in the Indo-Pacific region.
(6)
Strengthening United States alliances and partnerships in Southeast Asia and other parts of the Indo-Pacific region.
(g)

Authorization of appropriations
(1)

In general
Of the amount appropriated pursuant to subsection (a) (relating to foreign military financing assistance), there is authorized to be appropriated to the Department of State for the Indo-Pacific Maritime Security Initiative and other related regional programs exactly—
(A)
$70,000,000 for fiscal year 2022;
(B)
$80,000,000 for fiscal year 2023;
(C)
$90,000,000 for fiscal year 2024;
(D)
$100,000,000 for fiscal year 2025; and
(E)
$110,000,000 for fiscal year 2026.
(2)

Rule of construction
The “Indo-Pacific Maritime Security Initiative” and funds authorized for the Initiative shall include existing regional programs carried out by the Department of State related to maritime security, including the Southeast Asia Maritime Security Initiative.
(h)

Eligibility and priorities for assistance
(1)

In general
The Secretary of State shall use the following considerations when selecting which countries in the Indo-Pacific region should receive assistance pursuant to the Initiative:
(A)
Assistance may be provided to a country in the Indo-Pacific region to enhance the capabilities of that country according to the objectives outlined in (f), or of a regional organization that includes that country, to conduct—
(i)
maritime intelligence, surveillance, and reconnaissance;
(ii)
littoral and port security;
(iii)
Coast Guard operations;
(iv)
command and control; and
(v)
management and oversight of maritime activities.
(B)
Priority shall be placed on assistance to enhance the maritime security capabilities of the military or security forces of countries in the Indo-Pacific region that have maritime missions and the government agencies responsible for such forces.
(2)

Types of assistance and training
(A)

Authorized elements of assistance
Assistance provided under paragraph (1)(A) may include the provision of equipment, training, and small-scale military construction.
(B)

Required elements of assistance and training
Assistance and training provided under subparagraph (A) shall include elements that promote—
(i)
the observance of and respect for human rights; and
(ii)
respect for legitimate civilian authority within the country to which the assistance is provided.
30225.

Foreign military financing compact pilot program in the Indo-Pacific
(a)

Authorization of appropriations
There is authorized to be appropriated $20,000,000 for each of fiscal years 2022 and 2023 for the creation of a pilot program for foreign military financing (FMF) compacts.
(b)

Assistance
(1)

In general
The Secretary of State is authorized to create a pilot program, for a duration of two years, with an assessment for any additional or permanent programming, to provide assistance under this section for each country that enters into an FMF Challenge Compact with the United States pursuant to subsection (d) to support policies and programs that advance the progress of the country in achieving lasting security and civilian-military governance through respect for human rights, good governance (including transparency and free and fair elections), and cooperation with United States and international counter-terrorism, anti-trafficking, and counter-crime efforts and programs.
(2)

Form of assistance
Assistance under this subsection may be provided in the form of grants, cooperative agreements, contracts, or no-interest loans to the government of an eligible country described in subsection (c).
(c)

Eligible countries
(1)

In general
A country shall be a candidate country for purposes of eligibility for assistance for fiscal years 2022 and 2023 if—
(A)
the country is classified as a lower middle income country in the then-most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and has an income greater than the historical ceiling for International Development Association eligibility for the fiscal year involved; and
(B)
the Secretary of State determines that the country is committed to seeking just and democratic governance, including with a demonstrated commitment to—
(i)
the promotion of political pluralism, equality, and the rule of law;
(ii)
respect for human and civil rights;
(iii)
protection of private property rights;
(iv)
transparency and accountability of government;
(v)
anti-corruption; and
(vi)
the institution of effective civilian control, professionalization, and respect for human rights by and the accountability of the armed forces.
(2)

Identification of eligible countries
Not later than 90 days prior to the date on which the Secretary of State determines eligible countries for an FMF Challenge Compact, the Secretary—
(A)
shall prepare and submit to the appropriate congressional committees a report that contains a list of all eligible countries identified that have met the requirements under paragraph (1) for the fiscal year; and
(B)
shall consult with the appropriate congressional committees on the extent to which such countries meet the criteria described in paragraph (1).
(d)

FMF Challenge Compact
(1)

Compact
The Secretary of State may provide assistance for an eligible country only if the country enters into an agreement with the United States, to be known as an “FMF Challenge Compact” (in this subsection referred to as a “Compact”) that establishes a multi-year plan for achieving shared security objectives in furtherance of the purposes of this title.
(2)

Elements
The elements of the Compact shall be those listed in subsection (c)(1)(B) for determining eligibility, and be designed to significantly advance the performance of those commitments during the period of the Compact.
(3)

In general
The Compact should take into account the national strategy of the eligible country and shall include—
(A)
the specific objectives that the country and the United States expect to achieve during the term of the Compact, including both how the foreign military financing under the Compact will advance shared security interests and advance partner capacity building efforts as well as to advance national efforts towards just and democratic governance;
(B)
the responsibilities of the country and the United States in the achievement of such objectives;
(C)
regular benchmarks to measure, where appropriate, progress toward achieving such objectives; and
(D)
the strategy of the eligible country to sustain progress made toward achieving such objectives after expiration of the Compact.
(e)

Congressional consultation prior to compact negotiations
Not later than 15 days before commencing negotiations of a Compact with an eligible country, the Secretary of State shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation and shall identify the objectives and mechanisms to be used for the negotiation of the Compact.
(f)

Assessment of pilot program and recommendations
Not later than 90 days after the conclusion of the pilot program, the Secretary of State shall provide a report to the appropriate congressional committees with respect to the pilot program, including an assessment of the success and utility of the pilot program established under this subsection in meeting United States objectives and a recommendation with respect to whether to continue a further foreign military financing compact program on a pilot or permanent basis.
30226.

Statement of policy on maritime freedom of operations in international waterways and airspace of the Indo-Pacific and on artificial land features in the South China Sea
(a)

Sense of Congress
Congress—
(1)
condemns coercive and threatening actions or the use of force to impede freedom of navigation operations in international airspace by military or civilian aircraft, to alter the status quo, or to destabilize the Indo-Pacific region;
(2)
urges the Government of the People’s Republic of China to refrain from implementing the declared East China Sea Air Defense Identification Zone (ADIZ), or an ADIZ in the South China Sea, where contrary to freedom of overflight in international airspace, and to refrain from taking similar provocative actions elsewhere in the Indo-Pacific region;
(3)
reaffirms that the 2016 Permanent Court of Arbitration decision is final and legally binding on both parties and that the People’s Republic of China’s claims to offshore resources across most of the South China Sea are unlawful; and
(4)
condemns the People’s Republic of China for failing to abide by the 2016 Permanent Court of Arbitration ruling, despite the PRC’s obligations as a state party to the United Nations Convention on the Law of the Sea.
(b)

Statement of policy
It shall be the policy of the United States to—
(1)
reaffirm its commitment and support for allies and partners in the Indo-Pacific region, including with respect to the mutual defense treaties with Indo-Pacific allies;
(2)
oppose claims that impinge on the rights, freedoms, and lawful use of the sea, or the airspace above it, that are available to all countries, and oppose the militarization of new and reclaimed land features in the South China Sea;
(3)
continue certain policies with respect to the PRC claims in the South China Sea, specifically—
(A)
that PRC claims in the South China Sea, including to offshore resources across most of the South China Sea, are unlawful;
(B)
that the PRC cannot lawfully assert a maritime claim vis-à-vis the Philippines in areas that the Permanent Court of Arbitration found to be in the Philippines’ Exclusive Economic Zone (EEZ) or on its continental shelf;
(C)
to reject any PRC claim to waters beyond a 12 nautical mile territorial sea derived from islands it claims in the Spratly Islands; and
(D)
that the PRC has no lawful territorial or maritime claim to James Shoal;
(4)
urge all parties to refrain from engaging in destabilizing activities, including environmentally harmful and provocative land reclamation;
(5)
ensure that disputes are managed without intimidation, coercion, or force;
(6)
call on all claimants to clarify or adjust claims in accordance with international law;
(7)
uphold the principle that territorial and maritime claims, including territorial waters or territorial seas, must derive from land features and otherwise comport with international law;
(8)
oppose the imposition of new fishing regulations covering disputed areas in the South China Sea, regulations which have raised tensions in the region;
(9)
support an effective Code of Conduct, if that Code of Conduct reflects the interests of Southeast Asian claimant countries and does not serve as a vehicle for the People’s Republic of China to advance its unlawful maritime claims;
(10)
reaffirm that an existing body of international rules and guidelines, including the International Regulations for Preventing Collisions at Sea, done at London October 12, 1972 (COLREGs), is sufficient to ensure the safety of navigation between the United States Armed Forces and the forces of other countries, including the People’s Republic of China;
(11)
support the development of regional institutions and bodies, including the ASEAN Regional Forum, the ASEAN Defense Minister’s Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to build practical cooperation in the region and reinforce the role of international law;
(12)
encourage the deepening of partnerships with other countries in the region for maritime domain awareness and capacity building, as well as efforts by the United States Government to explore the development of appropriate multilateral mechanisms for a “common operating picture” in the South China Sea among Southeast Asian countries that would serve to help countries avoid destabilizing behavior and deter risky and dangerous activities;
(13)
oppose actions by any country to prevent any other country from exercising its sovereign rights to the resources of the exclusive economic zone (EEZ) and continental shelf by making claims to those areas in the South China Sea that have no support in international law; and
(14)
assure the continuity of operations by the United States in the Indo-Pacific region, including, when appropriate, in cooperation with partners and allies, to reaffirm freedom of navigation and overflight and other lawful uses of the sea.
30227.

Report on capability development of Indo-Pacific allies and partners
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the Secretary of State should expand and strengthen existing measures under the United States Conventional Arms Transfer Policy to provide capabilities to allies and partners consistent with agreed-on division of responsibility for alliance roles, missions and capabilities, prioritizing allies and partners in the Indo-Pacific region in accordance with United States strategic imperatives;
(2)
the United States should design for export to Indo-Pacific allies and partners capabilities critical to maintaining a favorable military balance in the region, including long-range precision fires, air and missile defense systems, anti-ship cruise missiles, land attack cruise missiles, conventional hypersonic systems, intelligence, surveillance, and reconnaissance capabilities, and command and control systems consistent with law, regulation, policy, and international commitments;
(3)
the United States should pursue, to the maximum extent possible, anticipatory technology security and foreign disclosure policy on the systems described in paragraph (2);
(4)
the Secretary of State, in coordination with the Secretary of Defense, should—
(A)
urge allies and partners to invest in sufficient quantities of munitions to meet contingency requirements and avoid the need for accessing United States stocks in wartime; and
(B)
cooperate with allies to deliver such munitions, or when necessary, to increase allies’ capacity to produce such munitions; and
(5)
it is in the United States interest to not authorize arms transfers or security cooperation to governments that demonstrate patterns of gross violations of human rights if such arms or security cooperation could be used to commit or support such violations.
(b)

Appropriate committees of Congress
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(c)

Report
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report that describes United States priorities for building more capable security partners in the Indo-Pacific region.
(2)

Matters to be included
The report required under paragraph (1) shall—
(A)
provide a priority list of defense and military capabilities that Indo-Pacific allies and partners must possess for the United States to be able to achieve its military objectives in the Indo-Pacific region;
(B)
identify, from the list referred to in subparagraph (A), the capabilities that are best provided, or can only be provided, by the United States;
(C)
identify—
(i)
actions required to expedite fielding the capabilities identified in subparagraph (B); and
(ii)
steps needed to fully account for and a plan to integrate all means of United States foreign military sales, direct commercial sales, security assistance, and all applicable authorities of the Department of State and the Department of Defense;
(D)
assess the requirements for United States security assistance, including International Military Education and Training, in the Indo-Pacific region, as a part of the means to deliver critical partner capability requirements identified in subparagraph (B);
(E)
assess the resources necessary to meet the requirements for United States security assistance, and identify resource gaps;
(F)
assess the major obstacles to fulfilling requirements for United States security assistance in the Indo-Pacific region, including resources and personnel limits, foreign legislative and policy barriers, and factors related to specific partner countries;
(G)
identify limitations on the ability of the United States to provide such capabilities, including capabilities identified under subparagraph (B), because of existing United States treaty obligations, United States policies, including sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d), or other regulations;
(H)
recommend improvements to the process for developing requirements for United States partner capabilities; and
(I)
identify required jointly agreed recommendations for infrastructure and posture, based on any ongoing mutual dialogues.
(3)

Form
The report required under this subsection shall be unclassified, but may include a classified annex.
30228.

Statement of policy regarding the threat posed by the Chinese Communist Party to the North Atlantic Treaty Organization
It is the policy of the United States to—
(1)
urge NATO allies to work closely with like-minded partners, in particular with the European Union, to protect critical infrastructure, strengthen resilience, maintain a technological edge, and address the challenges to the rules-based international order posed by the Chinese Communist Party;
(2)
encourage NATO allies to explore how to monitor and defend against any activity of the Chinese Communist Party that could impact collective defense, military readiness, or resilience in the Supreme Allied Commander Europe’s Area of Responsibility, including by identifying vulnerabilities of key sectors and supply chains, in coordination with the European Union;
(3)
push for NATO allies to establish a consultative body to bring together such allies, and other institutions and partners as relevant, to exchange information, share experiences, and discuss all aspects of such allies’ security interests with respect to the Chinese Communist Party; and
(4)
prioritize urging all NATO allies to share the burden that comes with collective security in an increasingly complex security environment by reaching by 2024 the pledge set at the 2014 Wales Summit to spend two percent of GDP on defense spending and 20 percent of annual defense spending on major new equipment.
30229.

Identification of PLA–supported institutions
(a)

In general
Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall publish and disseminate to United States institutions and places of study a list identifying the research, engineering, and scientific institutions that the Secretary determines are affiliated with, or funded by, the Chinese People’s Liberation Army.
(b)

Form
The list published and disseminated under subsection (a) shall be unclassified and publicly accessible, but may include a classified annex.
30229A.

Prohibition on certain assistance to the Philippines
(a)

In general
No funds authorized to be appropriated or otherwise made available by this Act are authorized to be made available to provide assistance for the Philippine National Police, including assistance in the form of equipment or training, until the Secretary of State certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of the Philippines has—
(1)
investigated and successfully prosecuted members of the Philippine National Police who have violated human rights, ensured that police personnel cooperated with judicial authorities in such cases, and affirmed that such violations have ceased;
(2)
established that the Philippine National Police effectively protects the rights of trade unionists, journalists, human rights defenders, critics of the government, faith and religious leaders, and other civil society activists to operate without interference;
(3)
taken effective steps to guarantee a judicial system that is capable of investigating, prosecuting, and bringing to justice members of the police and military who have committed human rights abuses; and
(4)
fully complied with domestic and United States audits and investigations regarding the improper use of prior security assistance.
(b)

Waiver
The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the prohibition under subsection (a) if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States or its partners and allies.
30229B.

Prioritization and protection of international research
(a)

List Of Allied Countries
The Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, the National Security Council, the Secretary of Energy, the Director of the National Science Foundation, and the heads of other relevant agencies, shall create a list of allied countries with which joint international research and cooperation would advance United States national interests and advance scientific knowledge in key technology focus areas.
(b)

Establishment Of Security Procedures
The Secretary of State, in consultation with the individuals and entities listed in subsection (a), shall collaborate with similar entities in the countries appearing on the list created pursuant to subsection (a) to develop, coordinate, and agree to general security policies and procedures for governmental, academic, and private sector research, to prevent sensitive research from being disclosed to adversaries.
(c)

Report
Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the individuals and entities listed in subsection (a), and allied countries appearing on the list created pursuant to subsection (a), shall submit a report to Congress that identifies the most promising international research ventures that leverage resources and advance research in key technology focus areas.
C

Multilateral Strategies to Bolster American Power
30231.

Findings on multilateral engagement
Congress finds the following:
(1)
Every UN member state is legally required to finance the UN’s core budget in order to ensure that these missions are properly resourced, and assessment rates are renegotiated every three years by the UN General Assembly.
(2)
While the United States is the largest single financial contributor to the UN system, the current model is beneficial because it requires all UN member states, no matter how big or small, to help shoulder the UN’s regular and peacekeeping budgets at specified levels.
(3)
Failing to meet our financial commitments to the UN also empowers the PRC, which has raised our annual shortfalls to claim we are not a reliable partner and is seeking to leverage its own contributions to the regular budget and peacekeeping in ways that run counter to United States interests and values.
(4)
The People’s Republic of China is now the second largest financial contributor to UN peacekeeping, having gone from an assessment rate of just 3 percent in 2008 to more than 15 percent today, and is the ninth largest troop-contributor to UN missions, providing more personnel than the other four permanent members of the Security Council combined.
(5)
With greater engagement comes greater influence, and PRC diplomats have sought to use their expanded clout to push back against the human rights, civilian protection, and gender-based violence aspects of UN peacekeeping mandates, using United States funding shortfalls as a pretext.
(6)
The PRC has also used its growing clout to fill key posts at UN agencies: Chinese nationals currently occupy the top posts of four of the UN’s 15 specialized agencies, while the United States occupies only one.
(7)
From 2021 to 2022, there will be 15 elections for the heads of UN specialized agencies and five for major UN funds and programs. With the exception of the World Food Programme, none are currently led by Americans.
(8)
A 2020 Department of State Inspector General Inspection found that the Bureau for International Organizations did not have a standard operating procedure for tracking and promoting the employment of American Citizens in the UN system, and their recommendation to the department to establish one remains open.
30232.

Statement of policy on America’s multilateral engagement
It is the policy of the United States that—
(1)
the Permanent Representative of the United States to the United Nations serves as a standing member of the cabinet;
(2)
assessed dues to multilateral organizations be paid in full in a timely fashion;
(3)
Federal agencies utilize all the authorities under section 3343 of title 5, United States Code, and subpart C of title 5, Code of Federal Regulations (relating to detail and transfer of Federal employees to international organizations), to detail or transfer employees to relevant international organizations;
(4)
the Secretary of State should assist the Department of State and other Federal agencies in carrying out paragraph (3) to the fullest extent;
(5)
the Secretary of State should support qualified American candidates in their bid to win election to United Nations-related leadership positions; and
(6)
the Secretary of State should support the placement of Junior Professional Officers sponsored by the United States in United Nations-affiliated agencies.
30233.

Support for Americans at the United Nations
(a)

Establishment
The Secretary of State is authorized to establish within the Department of State’s Bureau of International Organization Affairs an Office of Multilateral Strategy and Personnel.
(b)

Duties
The office established under subsection (a) of this section shall be responsible for—
(1)
promoting United States leadership and participation in the United Nations system, with a focus on issue areas where authoritarian nations are exercising increased influence in and determining the agenda of the United Nations system;
(2)
establishing and implementing a standard operating procedure for the promotion and efficient tracking of United States citizen employment at the United Nations and other international organizations that includes Mission Geneva;
(3)
monitoring the pipeline of United Nations jobs and identifying qualified United States citizens and other qualified nationals to promote for such positions;
(4)
tracking leadership changes in United Nations Secretariat, funds, programs, and agencies, and developing strategies to ensure that coalitions of like-minded countries are assembled to ensure leadership races are not won by countries that do not share United States interests;
(5)
eliminating current barriers to the employment of United States citizens in the United Nations Secretariat, funds, programs, and agencies; and
(6)
increasing the number of qualified United States candidates for leadership and oversight positions at the United Nations Secretariat, funds, programs, agencies, and at other international organizations.
30234.

Junior professional officers
(a)

Increase in junior professional officer positions
The Secretary of State should increase the number of Junior Professional Officer positions sponsored by the United States within the United Nations system.
(b)

Report
Not later than December 31 of each year, the Secretary of State shall provide the appropriate congressional committees information regarding the amount of funding each bureau has designated during the immediately preceding fiscal year for Junior Professional Officer positions in the United Nations system and the number of such positions that exist as of the end of the prior fiscal year.
30235.

Report on American employment in international organizations
(a)

In general
Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a report on how many Federal employees are currently detailed or transferred to an international organization during the immediately preceding 1-year period and a strategy for increasing the number of Federal employees so detailed or transferred.
(b)

Matters to be included
Each report required by subsection (a) shall include the following:
(1)
The number of Federal employees detailed or transferred to an international organization under section 3343 of title 5, United States Code, and subpart C of title 5, Code of Federal Regulations (relating to the detail and transfer of Federal employees to international organizations), including—
(A)
an identification of the Federal agency from which such employees were detailed or transferred; and
(B)
an identification of the international organizations to and from which such employees have been so detailed or transferred.
(2)
A list of international organizations to and from which the United States previously detailed or transferred Federal employees.
D

Regional Strategies to Bolster American Power
30241.

Statement of policy on cooperation with allies and partners around the world
It is the policy of the United States—
(1)
to strengthen alliances and partnerships with like-minded countries around the globe; and
(2)
to work in collaboration with such allies and partners—
(A)
to address significant diplomatic, economic, and military challenges posed by the People’s Republic of China (PRC);
(B)
to deter the PRC from pursuing military aggression;
(C)
to promote the peaceful resolution of territorial disputes in accordance with international law;
(D)
to promote private sector-led long-term economic development while countering efforts by the Government of the PRC to leverage predatory economic practices as a means of political and economic coercion in the Indo-Pacific region and beyond;
(E)
to promote the values of democracy and human rights, including through efforts to end the repression by the PRC of political dissidents, Uyghurs and other Muslim minorities, Tibetan Buddhists, Christians, and other ethnic minorities;
(F)
to respond to the crackdown by the PRC, in contravention of the commitments made under the Sino-British Joint Declaration of 1984 and the Basic Law of Hong Kong, on the legitimate aspirations of the people of Hong Kong; and
(G)
to counter the PRC Government’s efforts to spread disinformation in the PRC and countering their disbursement of vaccines in exchange for exploitative concessions in low- to middle-income countries while maintaining United States engagement with and support for multilateral vaccine procurement and equitable distribution and beyond with respect to its response to COVID–19.
30241A.

Report on indigenous engagement
(a)

Report required
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of the Interior and in consultation with other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report on international indigenous engagement.
(b)

Elements
The report required by subsection (a) shall include the following:
(1)
a description of existing programs and efforts by the United States Government that promote international engagement with indigenous peoples by Native Americans and Native American communities as well as Native American representation and participation in international organizations dedicated to indigenous communities;
(2)
a description of existing programs and efforts by other countries, especially United States allies and partners, to promote international diplomatic representation, educational and cultural exchange, and other people-to-people engagements among their indigenous peoples;
(3)
a strategy for enhancing and promoting greater Native American participation and representation in United States diplomatic engagement in international organizations and international educational and cultural exchange programs operated by the United States Government, including the establishment of an Office of Indigenous Affairs headed by a presidentially appointed Special Envoy for Indigenous Affairs; and
(4)
steps that the Secretary of State shall take to enhance cooperation and relationship with Native Americans in accordance with the Federal trust responsibility and to promote best practices among the staff of the Department of State for engagement with Native Americans.
(c)

Definitions
In this section:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Indian Affairs of the Senate.
(2)

Native American
The term “Native American” includes—
(A)
American Indian as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304);
(B)
Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act (43 23 U.S.C. 1602(b)); and
(C)
Native Hawaiian as defined in paragraph (9) of section 801 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4221(9)).
1

Western Hemisphere
30242.

Sense of Congress regarding United States-Canada relations
It is the sense of Congress that—
(1)
the United States and Canada have a unique relationship based on shared geography, extensive personal connections, deep economic ties, mutual defense commitments, and a shared vision to uphold democracy, human rights, and the rules based international order established after World War II;
(2)
the United States and Canada can better address the People’s Republic of China’s economic, political, and security influence through closer cooperation on counternarcotics, environmental stewardship, transparent practices in public procurement and infrastructure planning, the Arctic, energy and connectivity issues, commercial relations, bilateral legal matters, and support for democracy, good governance, and human rights;
(3)
amidst the COVID–19 pandemic, the United States and Canada should maintain joint initiatives to address border management, commercial relations and infrastructure, a shared approach with respect to the People’s Republic of China, and transnational challenges, including pandemics, energy security, and environmental stewardship;
(4)
the United States and Canada should enhance cooperation to counter Chinese disinformation, influence operations, economic espionage, and propaganda efforts;
(5)
the People’s Republic of China’s infrastructure investments, particularly in 5G telecommunications technology, extraction of natural resources, and port infrastructure, pose national security risks for the United States and Canada;
(6)
the United States should share, as appropriate, intelligence gathered regarding—
(A)
Huawei’s 5G capabilities; and
(B)
the PRC government’s intentions with respect to 5G expansion;
(7)
the United States and Canada should continue to advance collaborative initiatives to implement the January 9, 2020, United States-Canada Joint Action Plan on Critical Minerals Development Collaboration; and
(8)
the United States and Canada should prioritize cooperation on continental defense and in the Arctic, including by modernizing the North American Aerospace Defense Command (NORAD) sensor architecture to provide effective warning and tracking of threats by peer competitors, including long-range missiles and high-precision weapons, to the Northern Hemisphere.
30243.

Sense of Congress regarding China’s arbitrary imprisonment of Canadian citizens
It is the sense of Congress that—
(1)
the Government of the People’s Republic of China’s apparent arbitrary detention and abusive treatment of Canadian nationals Michael Spavor and Michael Kovrig in apparent retaliation for the Government of Canada’s arrest of Meng Wanzhou is deeply concerning;
(2)
the Government of Canada has shown international leadership by—
(A)
upholding the rule of law and complying with its international legal obligations, including obligations pursuant to the Extradition Treaty Between the United States of America and Canada, signed at Washington December 3, 1971; and
(B)
launching the Declaration Against Arbitrary Detention in State-to-State Relations, which has been endorsed by 57 countries and the European Union, and reaffirms well-established prohibitions under international human rights conventions against the arbitrary detention of foreign nationals to be used as leverage in country-to-country relations; and
(3)
the United States continues to join the Government of Canada in calling for the immediate release of Michael Spavor and Michael Kovrig and for due process for Canadian national Robert Schellenberg.
30244.

Strategy to enhance cooperation with Canada
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees, and the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, a strategy that describes how the United States will enhance cooperation with the Government of Canada in managing relations with the Government of the People’s Republic of China.
(b)

Elements
The strategy required under subsection (a) shall—
(1)
identify key policy points of convergence and divergence between the United States and Canada in managing relations with the People’s Republic of China in the areas of technology, economic practices, cyber security, secure supply chains and critical minerals, and illicit narcotics;
(2)
include a description of United States development and coordination efforts with Canadian counterparts to enhance the cooperation between the United States and Canada with respect to—
(A)
managing economic relations with the People’s Republic of China;
(B)
democracy and human rights in the People’s Republic of China;
(C)
technology issues involving the People’s Republic of China;
(D)
defense issues involving the People’s Republic of China; and
(E)
international law enforcement and transnational organized crime issues;
(3)
detail diplomatic efforts and future plans to work with Canada to counter the People’s Republic of China’s projection of an authoritarian governing model around the world;
(4)
detail diplomatic, defense, and intelligence cooperation to date and future plans to support Canadian efforts to identify cost-effective alternatives to Huawei’s 5G technology;
(5)
detail diplomatic and defense collaboration—
(A)
to advance joint United States-Canadian priorities for responsible stewardship in the Arctic Region; and
(B)
to counter the People’s Republic of China’s efforts to project political, economic, and military influence into the Arctic Region; and
(6)
detail diplomatic efforts to work with Canada to track and counter the People’s Republic of China’s attempts to exert influence across the multilateral system.
(c)

Form
The strategy required under this section shall be submitted in an unclassified form that can be made available to the public, but may include a classified annex, if necessary.
(d)

Consultation
Not later than 90 days after the date of the enactment of this Act and not less frequently than every 180 days thereafter for five years, the Secretary of State shall consult with the appropriate congressional committees, and the Committees on Armed Services of the Senate and the House of Representatives, regarding the development and implementation of the strategy required under this section.
30245.

Sense of Congress
It is the sense of Congress that—
(1)
United States engagement with the leaders of the Western Hemisphere is critical to addressing the region’s shared challenges and opportunities;
(2)
Congress encourages cooperation and further engagement specifically in policy areas on migration, climate, and economic development, underscoring the China-Community of Latin American and Caribbean States Forum Joint Action Plan (2022–2024) and other initiatives that signal China’s growing influence and cooperation in the region; and
(3)
Congress encourages the development of an annual summit that convenes leaders of the Western Hemisphere on issues relating to root causes of migration, including the climate crisis, poverty, security, and other contributing factors to instability.
30246.

Strategy to strengthen economic competitiveness, governance, human rights, and the rule of law in Latin America and the Caribbean
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation, as appropriate, with the Secretary of the Treasury, the Secretary of Commerce, the Administrator of the United States Agency for International Development (USAID), the Attorney General, the United States Trade Representative, and the Chief Executive Officer of the United States International Development Finance Corporation, shall submit to the appropriate congressional committees, the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives, and the Committee on Finance and the Committee on Appropriations of the Senate a multi-year strategy for increasing United States economic competitiveness and promoting good governance, human rights, and the rule of law in Latin American and Caribbean countries, particularly in the areas of—
(1)
investment;
(2)
equitable, inclusive, and sustainable development, including for indigenous and African-descendant communities;
(3)
commercial relations;
(4)
anti-corruption activities; and
(5)
infrastructure projects.
(b)

Additional elements
The strategy required under subsection (a) shall include a plan of action, including benchmarks to achieve measurable progress, to—
(1)
enhance the technical capacity of Latin American and Caribbean countries to advance the sustainable and inclusive development of equitable economies, including for indigenous and African-descendant communities;
(2)
facilitate a more open, transparent, and competitive environment for United States businesses in the region;
(3)
establish frameworks or mechanisms to review long term financial sustainability and security implications of foreign investments in strategic sectors or services, including transportation, communications, natural resources, and energy;
(4)
establish competitive, transparent, and inclusive infrastructure project selection and procurement processes that promote transparency, supplier diversity, open competition, financial sustainability, adherence to robust global standards, and the employment of a diverse local workforce and management;
(5)
strengthen national, regional, and local legal structures critical to robust democratic governance, fair competition, combatting corruption, and ending impunity; and
(6)
enhance transparent, affordable, and equitable access to the internet and digital infrastructure in the Western Hemisphere.
(c)

Briefing requirement
Not later than one year after the date of the enactment of this Act and annually thereafter for five years, the Secretary of State, after consultation with the Secretary of the Treasury, the Secretary of Commerce, the Attorney General, the United States Trade Representative, and the leadership of the United States International Development Finance Corporation, shall brief the congressional committees specified in subsection (a) regarding the implementation of this section, including examples of successes and challenges.
30247.

Engagement in international organizations and the defense sector in Latin America and the Caribbean
(a)

Appropriate committees of congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations of the Senate;
(2)
the Select Committee on Intelligence of the Senate;
(3)
the Committee on Armed Services of the Senate;
(4)
the Committee on Foreign Affairs of the House of Representatives;
(5)
the Permanent Select Committee on Intelligence of the House of Representatives; and
(6)
the Committee on Armed Services of the House of Representatives.
(b)

Reporting requirement
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Defense Intelligence Agency, shall submit to the appropriate committees of Congress a report that assesses the nature, intent, and impact on United States strategic interests of Chinese diplomatic activity aimed at influencing the decisions, procedures, and programs of multilateral organizations in Latin America and the Caribbean, including the World Bank, International Monetary Fund, Organization of American States, and the Inter-American Development Bank.
(2)

Defense sector
The report required under paragraph (1) shall include an assessment of the nature, intent, and impact on United States strategic interests of Chinese military activity in Latin America and the Caribbean, including military education and training programs, weapons sales, and space-related activities in the military or civilian spheres, such as—
(A)
the satellite and space control station the People’s Republic of China constructed in Argentina; and
(B)
defense and security cooperation carried out by the People’s Republic of China in Latin America and the Caribbean, including sales of surveillance and monitoring technology to governments in the region such as Venezuela, Cuba, Ecuador, and Colombia, and the potential use of such technologies as tools of Chinese intelligence services.
(3)

Form
The report required under paragraph (1) shall be submitted in unclassified form and include classified annexes.
30248.

Defense cooperation in Latin America and the Caribbean
(a)

In general
There is authorized to be appropriated to the Department of State $13,500,000 for the International Military Education and Training Program for Latin America and the Caribbean for each of fiscal years 2022 through 2026.
(b)

Modernization
The Secretary of State shall modernize and strengthen the programs receiving funding in accordance with subsection (a) to ensure that such programs are vigorous, substantive, and the preeminent choice for international military education and training for Latin American and Caribbean partners.
(c)

Required elements
The programs referred to in subsection (a) shall—
(1)
provide training and capacity-building opportunities to Latin American and Caribbean security services;
(2)
provide practical skills and frameworks for—
(A)
improving the functioning and organization of security services in Latin America and the Caribbean;
(B)
creating a better understanding of the United States and its values; and
(C)
using technology for maximum efficiency and organization;
(3)
promote and ensure that security services in Latin America and the Caribbean respect civilian authority and operate in compliance with international norms, standards, and rules of engagement, including a respect for human rights, and full compliance with requirements under section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d; commonly referred to as the “Leahy law”); and
(4)
receive funds only after vetting of individuals proposed to be trained, consistent with sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d).
(d)

Report on IMET activities
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide a report to the House and Senate Appropriations Committees, House and Senate Armed Services Committee, Senate Foreign Relations Committee, and House Foreign Affairs Committee a report on the use of the International Military Education and Training Program (IMET) in the countries of Latin America since 2012, including relating to the following:
(A)
The number of security units trained in each country.
(B)
Which security service units, by country and unit, received IMET education and training despite credible allegations of corruption, impeding democratic processes, or involvement in drug trafficking prior to IMET program.
(C)
Which security service units, by country and unit, received IMET education and training, and subsequently had credible allegations of corruption, impeding democratic processes, or involvement in drug trafficking.
(D)
Which security service units, by country and unit, were involved in violations of human rights subsequent to their involvement in IMET programs.
(2)

Form
The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.
30249.

Engagement with civil society in Latin America and the Caribbean regarding accountability, human rights, and the risks of pervasive surveillance technologies
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the Government of the People’s Republic of China is exporting its model for internal security and state control of society through advanced technology and artificial intelligence; and
(2)
the inclusion of communication networks and communications supply chains with equipment and services from companies with close ties to or that are susceptible to pressure from governments or security services without reliable legal checks on governmental powers can lead to breaches of citizens’ private information, increased censorship, violations of human rights, and harassment of political opponents.
(b)

Diplomatic engagement
The Secretary of State shall conduct diplomatic engagement with governments and civil society organizations in Latin America and the Caribbean to—
(1)
help identify and mitigate the risks to civil liberties posed by technologies and services described in subsection (a); and
(2)
offer recommendations on ways to mitigate such risks.
(c)

Internet freedom programs
The Chief Executive Officer of the United States Agency for Global Media, who may work through the Open Technology Fund of the Agency, and the Secretary of State, working through the Bureau of Democracy, Human Rights, and Labor’s Internet Freedom and Business and Human Rights Section, shall expand and prioritize efforts to provide anti-censorship technology and services to journalists in Latin America and the Caribbean, in order to enhance their ability to safely access or share digital news and information.
(d)

Support for civil society
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall work through nongovernmental organizations to—
(1)
support and promote programs that support internet freedom and the free flow of information online in Latin America and the Caribbean;
(2)
protect open, interoperable, secure, and reliable access to internet in Latin America and the Caribbean;
(3)
provide integrated support to civil society for technology, digital safety, policy and advocacy, and applied research programs in Latin America and the Caribbean;
(4)
train journalists and civil society leaders in Latin America and the Caribbean on investigative techniques necessary to ensure public accountability and prevent government overreach in the digital sphere;
(5)
assist independent media outlets and journalists in Latin America and the Caribbean to build their own capacity and develop high-impact, in-depth news reports covering governance and human rights topics;
(6)
provide training for journalists and civil society leaders on investigative techniques necessary to improve transparency and accountability in government and the private sector;
(7)
provide training on investigative reporting of incidents of corruption and unfair business and commercial practices;
(8)
assist nongovernmental organizations to strengthen their capacity to monitor the incidents and practices described in paragraph (7);
(9)
identify local resources to support the preponderance of activities that would be carried out under this subsection; and
(10)
support and promote programs that support independent judicial sectors, anti-corruption efforts, rule of law activities, and good governance.
30250.

Caribbean energy initiative as alternative to China’s Belt and Road Initiative
(a)

Findings
Congress makes the following findings:
(1)
The countries of the Caribbean are heavily reliant upon imported oil to provide for approximately 90 percent of their energy production.
(2)
The level of dependence is even higher including—
(A)
Jamaica, which relies on oil for 95.9 percent of its electricity;
(B)
Barbados, which relies on oil for 96 percent of its electricity;
(C)
The Virgin Islands, which relies on oil for nearly 100 percent of its electricity; and
(D)
St. Lucia, which relies on oil for 100 percent of its electricity.
(3)
Overreliance on imported fossil fuels has had a detrimental effect on economic development, growth, and competitiveness in the Caribbean.
(4)
Since 1970, more than 80 percent of Caribbean coral reefs have been lost due to coastal development and pollution. Soot particulates and climate change caused by burning fossil fuels have seriously damaged coral reefs, which are a significant source of tourism dollars, fishing, biodiversity, and natural beauty.
(5)
Air pollution caused by burning oil for electricity—
(A)
has serious health impacts in the form of higher rates of asthma and other lung ailments; and
(B)
can also exacerbate climate change.
(6)
The Caribbean region is particularly vulnerable to sea level rise and stronger storms.
(7)
Between 2005 and 2018, the dependence of the countries of the Caribbean on oil was perpetuated by the Venezuelan-led Petrocaribe oil alliance, which—
(A)
offered preferential terms for oil sales; and
(B)
supplies some countries with up to 40 percent of their energy production needs.
(8)
The ongoing domestic economic crisis and political turmoil in Venezuela has forced the Government of Venezuela to retract its commitments to the Petrocaribe oil alliance and step away as a regional power. Only Cuba still receives preferential Petrocaribe pricing on fuel exports from Venezuela, while other Petrocaribe member countries are experiencing a destabilized flow of oil.
(9)
China has spent more than $244,000,000,000 on energy projects worldwide since 2000, 25 percent of which was spent in Latin America and the Caribbean. Although the majority of this spending was for oil, gas, and coal, China has also been the largest investor in clean energy globally for almost a decade.
(10)
The World Bank estimates that the Caribbean will need $12,000,000,000 in power investments through 2035.
(11)
Renewable energy technology costs have decreased dramatically in recent years, offering a more viable economic alternative for energy production. Solar energy prices have fallen by 80 percent since 2008, causing significant market growth, and according to data released by the International Renewable Energy Agency, 1/3 of global power capacity is based in renewable energy.
(12)
In 2016, the International Monetary Fund estimated that transportation accounted for 36 percent of the total primary energy consumed in the Caribbean subregion.
(13)
According to the United Nations Environment Programme, Latin America and the Caribbean could achieve annual savings of $621,000,000,000 and a reduction of 1,100,000,000 tons of CO2 by 2050 if the region’s energy and transport sectors reach net zero emissions.
(14)
The Caribbean has an abundance of onshore and offshore resources needed for renewable energy, including sun, wind, geothermal, and some hydropower production capacity.
(15)
The United States Government is deeply engaged in providing technical and policy assistance to countries of the Caribbean on energy issues through—
(A)
the Energy and Climate Partnership of the Americas;
(B)
Connecting the Americas 2022; and
(C)
bilateral assistance programs.
(16)
On February 19, 2014, at the North American Leaders’ Summit, President Barack Obama, Prime Minister Stephen Harper of Canada, and President Enrique Peña Nieto of Mexico reaffirmed their commitment to bring affordable, reliable, and increasingly renewable power to the Caribbean, while opening wider markets for clean energy and green technology.
(17)
On June 19, 2015, President Barack Obama announced the Caribbean Energy Security Initiative, which would partner with individual countries—
(A)
to transform its energy sector;
(B)
to work to increase access to finance, good governance, and diversification; and
(C)
to maximize the impact of existing donor effects.
(18)
On May 4, 2016, at the United States-Caribbean-Central American Energy Summit, the energy security task force formally launched the Caribbean Sustainable Energy Roadmap and Strategy (C–SERMS) as a mechanism to manage regional coordination and action on energy security and agreed to expand the regional market and transmission system.
(19)
The United States has an important opportunity—
(A)
to deepen this engagement;
(B)
to work as a partner with Caribbean countries on a more regional and coordinated basis;
(C)
to help ease the region’s dependence on imported oil; and
(D)
to promote affordable alternative sources of energy.
(b)

Definitions
In this section:
(1)

Caribbean countries
The term Caribbean countries means countries in the Caribbean region, but does not include Cuba or Venezuela.
(2)

Caribbean governments
The term Caribbean governments means the national governments of the Caribbean countries.
(c)

Statement of policy
It is the policy of the United States to help Caribbean countries—
(1)
achieve greater energy security and improve domestic energy resource mobilization;
(2)
lower their dependence on imported fuels;
(3)
eliminate the use of diesel, heavy fuel oil, other petroleum products, and coal for the generation of electricity;
(4)
increase production of renewable energy; and
(5)
meet the greenhouse gas mitigation goals of their national determined contributions to the Paris Agreement.
(d)

Strategy
(1)

Submission
Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), shall submit to the appropriate congressional committees a multi-year strategy that describes how the Department of State will promote regional cooperation with Caribbean countries—
(A)
to lower dependence on imported fuels, grow domestic clean energy production in the region, strengthen regional energy security, and lower energy sector greenhouse gas emissions;
(B)
to decrease dependence on oil in the transportation sector;
(C)
to increase energy efficiency, energy conservation, and investment in alternatives to imported fuels;
(D)
to improve grid reliability and modernize electricity transmission networks;
(E)
to advance deployment of innovative solutions to expand community and individuals’ access to electricity;
(F)
to help reform energy markets to encourage good regulatory governance and to promote a climate of private sector investment; and
(G)
to mitigate greenhouse gas emissions from the energy and transportation sector.
(2)

Elements
The strategy required under subsection (a) shall include—
(A)
a thorough review and inventory of United States Government activities that are being carried out bilaterally, regionally, and in coordination with multilateral institutions—
(i)
to promote energy and climate security in the Caribbean region; and
(ii)
to reduce the region’s reliance on oil for electricity generation;
(B)
opportunities for marshaling regional cooperation—
(i)
to overcome market barriers resulting from the small size of Caribbean energy markets;
(ii)
to address the high transportation and infrastructure costs faced by Caribbean countries;
(iii)
to ensure greater donor coordination between governments, multilateral institutions, multilateral banks, and private investors; and
(iv)
to expand regional financing opportunities to allow for lower cost energy entrepreneurship;
(C)
measures to ensure that each Caribbean government has—
(i)
an independent utility regulator or equivalent;
(ii)
affordable access by third party investors to its electrical grid with minimal regulatory interference;
(iii)
effective energy efficiency and energy conservation;
(iv)
programs to address technical and nontechnical issues;
(v)
a plan to eliminate major market distortions; and
(vi)
other taxes on clean energy solutions; and
(D)
recommendations for how United States policy, technical, and economic assistance can be used in the Caribbean region—
(i)
to advance renewable energy development and the incorporation of renewable technologies into existing energy grids and the development and deployment of micro-grids where appropriate and feasible to boost energy security and reliability, particularly to underserved communities;
(ii)
to increase the generation of clean energy sufficiently to replace and allow for the retirement of obsolete fossil fuel energy generation units in Caribbean countries;
(iii)
to create regional financing opportunities to allow for lower cost energy entrepreneurship;
(iv)
to deploy transaction advisors in the region to help attract private investment and break down any market or regulatory barriers; and
(v)
to establish a mechanism for each host government to have access to independent legal advice—
(I)
to speed the development of energy-related contracts; and
(II)
to better protect the interests of Caribbean governments and citizens.
(3)

Consultation
In devising the strategy under this subsection, the Secretary of State shall work with the Secretary of Energy and shall consult with—
(A)
the Secretary of the Interior;
(B)
the Secretary of Commerce;
(C)
the Secretary of the Treasury;
(D)
the Board of Directors of the Export-Import Bank of the United States;
(E)
the Board of Directors of the Development Finance Corporation;
(F)
the Administrator of the United States Agency for International Development;
(G)
the Caribbean governments;
(H)
the Inter-American Development Bank;
(I)
the World Bank Group; and
(J)
the Caribbean Electric Utility Services Corporation.
30251.

United States-Caribbean Resilience Partnership
(a)

Findings
Congress makes the following findings:
(1)
The United States shares with the Caribbean a collective vulnerability to natural disasters, which affects the lives and the economies of our citizens.
(2)
The April 9, 2021, eruption of the La Soufriere volcano is another reminder of the devastation caused by the many natural disasters the Caribbean confronts each year and the region’s vulnerability to external shocks. Hurricane Dorian, the largest storm to hit the region, wiped out large parts of the northern Bahamas in 2019, and Hurricanes Maria and Irma devastated multiple islands across the region in 2017, including Puerto Rico. According to IMF research, of the 511 plus disasters worldwide to hit small states since 1950, around two-thirds (324) have been in the Caribbean.
(3)
This region is seven times more likely to experience a natural disaster than elsewhere. And, when one occurs, it will incur as much as six times more damage.
(4)
Extreme weather events and other environmental impacts will only worsen over the coming years, and if not addressed, we will see only increasing economic shocks on these countries, driving irregular migration.
(5)
While the United States has considerable expertise and capacity in assisting countries with disaster response, there remains a need for stronger partnerships that build regional resilience through efficient and interoperable platforms, protecting people and speeding recovery.
(6)
The People’s Republic of China has dramatically increased its engagement in the Caribbean in the past five years, including offering loans and grants related to disaster response and resilience and sought to acquire property rights in the Caribbean that would be detrimental to United States national security interests.
(7)
In 2019, the United States launched a new U.S.-Caribbean Resilience Partnership to deepen cooperation and investment to strengthen our disaster resilience throughout the Caribbean region, including—
(A)
to streamline early warning response networks and formalize communication channels;
(B)
to enhance, encourage, and work collaboratively on further developing aviation disaster resilience plans and partnerships;
(C)
to prioritize regional technical exchange in energy planning, risk reduction, and resilience;
(D)
to increase communications network interoperability between Caribbean partners and the United States;
(E)
to utilize storm surge mapping data and share real-time information in preparation for potential damage resulting from tropical cyclones and tsunamis;
(F)
to use meteorological services to strengthen and deepen physical and communications infrastructure, data collection networks, and human and technical capacity throughout the region, as well as interactions with the public;
(G)
to understand that while the use of international and military and civil defense assets in disaster response may only be considered as a last resort, when local, national, and international civilian capabilities are overwhelmed, civil-military coordination should occur, in support of the affected nation;
(H)
to develop a framework that would govern the deployment of international military and civil defense assets in disaster response when local, national, and international civilian capabilities are overwhelmed, in support of the affected nation;
(I)
to seek common mechanisms for ensuring rapid disaster response and recovery, including waiving or expediting diplomatic clearances, waiving of or reducing customs fees, streamlining overflight and airspace clearance, and ensuring that the first responders have the ability to rapidly respond to disasters in other countries;
(J)
to promote the integration and coordination of regional response mechanisms in the Caribbean, including through the Caribbean Disaster Emergency Management Agency, the Regional Security System, United States Government Agencies, and allies in ways that facilitate more effective and efficient planning, mitigation, response, and resilience to natural disasters;
(K)
to share best practices in improved building codes with national disaster organizations, including building better programs, at regional, national and community levels; and
(L)
to promote community-based disaster preparedness and mitigation activities, particularly in underserved communities, with the aim of increasing broad public participation and resilience.
(b)

Policy
It is the policy of the United States to help Caribbean countries—
(1)
increase their resilience and adapt to natural disasters and the impacts of severe weather events and a changing environment;
(2)
partner with United States Federal, State, and local agencies and engage in technical cooperation, dialogue, and assistance activities;
(3)
harmonize standards and practices related to paragraphs (1) and (2) to promote increased investment and integration;
(4)
increase investment from United States companies in the Caribbean on resilience-building, adaptation, and climate-related mitigation efforts;
(5)
promote regional cooperation and ensure efforts by the United States, Caribbean countries, and international partners complement each other; and
(6)
further assist with the efforts described in subsection (a)(7).
(c)

Strategy
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other Federal departments and agencies, shall submit to the appropriate congressional committees a multi-year strategy that describes how the Department of State will achieve the policies described in subsection (b).
(d)

Authorization of appropriations
There are authorized to be appropriated for activities, programs, technical assistance, and engagement under this section the following:
(1)
$20,000,000 for fiscal year 2022.
(2)
$25,000,000 for fiscal year 2023.
(3)
$30,000,000 for fiscal year 2024 and each fiscal year thereafter.
(e)

Reporting and monitoring
(1)

In general
Of the amounts authorized to be appropriated each fiscal year pursuant to subsection (d), at least five percent of all programming funding allocation shall support and be directed toward reporting, monitoring, and assessment of effectiveness.
(2)

Engagement and collaboration
The Department of State shall ensure that at least 20 percent of amounts authorized to be appropriated pursuant to subsection (d) directly support the training of, engagement with, collaboration with, and exchange of expertise on resilience between United States Federal, State, and local officials and their Caribbean government counterparts. Such amounts should also support, as appropriate, increased academic, civil society, media, and private sector engagement in the fields of resilience-building, adaptation, and mitigation.
30252.

Countering China’s educational and cultural diplomacy in Latin America
(a)

Findings
Congress finds the following:
(1)
According to a report by the National Endowment for Democracy, China has spent the equivalent of billions of dollars to shape public opinion and perceptions around the world through thousands of people-to-people exchanges, cultural activities, educational programs, and the development of media enterprises and information initiatives with global reach.
(2)
Educational and exchange programs are a core element of United States public diplomacy, elevating our culture, policies, and interests worldwide.
(3)
These programs provide students with access to international knowledge, an opportunity to learn foreign languages, and a unique environment for developing cultural understanding, all of which are valuable skills in today’s global economy.
(4)
90 percent of ECA’s appropriation is spent in the United States or invested directly in American citizens or American organizations.
(b)

Sense of congress
It is the sense of Congress that—
(1)
China’s efforts to mold public opinion and influence educational institutions undermine United States’ influence in Latin America and the Caribbean and threaten democratic institutions and practices in the region;
(2)
the United States Government should expand current educational and cultural exchange programs in Latin America and the Caribbean, which are cost-effective and strengthen people-to-people diplomacy, to promote national security and foreign policy interests of the United States; and
(3)
educational exchanges foster linguistic, cultural, and educational skills that advance United States economic competitiveness, strengthen alliances, and support democracies worldwide.
(c)

Strategy
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, and in coordination with the Assistant Administrator for the Bureau of Economic Growth, Education, and Environment at the United States Agency for International Development, shall devise a strategy—
(1)
to evaluate and expand existing programs and, as necessary, design and implement new educational, professional, and cultural exchanges and other programs to—
(A)
create and sustain mutual understanding with other countries necessary to advance United States foreign policy goals by cultivating people-to-people ties among current and future global leaders that build enduring networks and personal relationships; and
(B)
promote United States national security interests and values, including through the expansion of exchange visitor programs such as international visitor leadership programs and the Young Leaders of the Americas Initiative, as well as professional capacity building programs that prioritize building skills in entrepreneurship, promoting transparency, and technology;
(2)
to ensure that exchange programs for Americans abroad and international visitors attract a diverse pool of participants, including from underrepresented, marginalized, and low-income communities; and
(3)
to evaluate, expand, and strengthen existing programs, and, as necessary, design and implement new basic and higher education programs in Latin America and the Caribbean, in accordance with the United States Strategy on International Basic Education and the United States Agency for International Development Education Policy, to enable all young adults, youth, and children to acquire the quality education and skills needed to be productive members in society, which will lead to better individual and societal outcomes.
(d)

Report with intelligence assessment
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Director of National Intelligence, submit to the appropriate congressional committees (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) a report that assesses the nature and impact of the People’s Republic of China’s educational and cultural sector activity in Latin America and the Caribbean, its impact on United States’ strategic interests, and recommendations for the United States Government to expand people-to-people ties.
30253.

Narcotics trafficking in Latin America and the Caribbean
It is the sense of Congress that—
(1)
narcotics trafficking continues to pose a security threat to the countries and peoples of Latin America and the Caribbean;
(2)
other forms of transnational organized crime, including arms trafficking, human smuggling, money laundering, and illicit financing, are drivers of irregular migration;
(3)
narcotics trafficking is fueled by governments that fail to curb the illicit drug trade by adequately regulating the legal trade of non-fentanyl opioids and precursor chemicals used to produce fentanyl, fentanyl analogs, and other synthetic drugs;
(4)
further, governments that do not cooperate sufficiently on financial investigations and prosecutions, withhold information with respect to money laundering crimes, or are determined to facilitate illicit activities, particularly by transnational organized criminal organizations, should be held accountable;
(5)
as noted in the International Narcotics Control Strategy Report 2020, China “has not cooperated sufficiently on financial investigations and does not provide adequate responses to requests for financial investigation information”;
(6)
the United States should apply economic and other targeted financial sanctions with respect to individuals engaged in financial crimes and money laundering that fosters narcotics trafficking in the countries of Latin America and the Caribbean; and
(7)
the United States should look to policies to hold accountable countries that fail to sufficiently investigate financial crimes and money laundering that foster narcotics trafficking in the countries of Latin America and the Caribbean.
30254.

Report on major Chinese infrastructure investments
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on major Chinese infrastructure investments in Latin America and the Caribbean and the extent to which the countries that host these investments are able to meet the interest and principal payments associated with any outstanding loans.
2

Transatlantic Relationships
30255.

Sense of Congress on transatlantic relationships
It is the sense of Congress that—
(1)
the United States, the European Union, the United Kingdom, and other European countries are close partners, sharing values grounded in democracy, human rights, transparency, and the rules-based international order established after World War II;
(2)
without a common approach by the United States, the European Union, the United Kingdom, and other European countries on connectivity, transnational challenges, and support for democracy and human rights, the People’s Republic of China will continue to increase its economic, political, and security leverage in Europe and globally;
(3)
the People’s Republic of China’s deployment of assistance to European countries following the COVID–19 outbreak showcased a coercive approach to aid, but it also highlighted Europe’s deep economic ties to the People’s Republic of China;
(4)
as European countries seek to recover from the economic toll of the COVID–19 outbreak, the United States must stand in partnership with Europe to support our collective economic recovery, reinforce our collective national security, and defend shared values;
(5)
the United States, the European Union, the United Kingdom, and other European countries should coordinate on joint strategies to diversify reliance on supply chains away from the People’s Republic of China, especially in the medical and pharmaceutical sectors;
(6)
the United States, the European Union, the United Kingdom, and other European countries should leverage their respective economic innovation capabilities to support the global economic recovery from the COVID–19 recession and draw a contrast with the centralized economy of the People’s Republic of China;
(7)
the United States, the European Union, Japan, and other like-minded countries should continue efforts to address the security, economic, democracy, and human rights challenges posed by the People’s Republic of China;
(8)
the United States, the European Union, the United Kingdom, and other European countries should enhance cooperation to counter People’s Republic of China disinformation, influence operations, and propaganda efforts;
(9)
the United States and Europe share serious concerns with the repressions being supported and executed by the Government of the People’s Republic of China, and should continue implementing measures to address the Government of the People’s Republic of China’s specific abuses in Tibet, Hong Kong, and Xinjiang, and should build joint mechanisms and programs to prevent the export of China’s authoritarian governance model to countries around the world;
(10)
the United States and Europe should remain united in their shared values against attempts by the Government of the People’s Republic of China at the United Nations and other multilateral organizations to promote efforts that erode the Universal Declaration of Human Rights, like the “community of a shared future for mankind” and “democratization of international relations”;
(11)
the People’s Republic of China’s infrastructure investments around the world, particularly in 5G telecommunications technology and port infrastructure, could threaten democracy across Europe and the national security of key countries;
(12)
as appropriate, the United States should share intelligence with European allies and partners on Huawei’s 5G capabilities and the intentions of the Government of the People’s Republic of China with respect to 5G expansion in Europe;
(13)
the European Union’s Investment Screening Regulation, which came into force in October 2020, is a welcome development, and member states should closely scrutinize PRC investments in their countries through their own national investment screening measures;
(14)
the President should actively engage the European Union on the implementation of the Export Control Reform Act regulations and to better harmonize United States and European Union policies with respect to export controls;
(15)
the President should strongly advocate for the listing of more items and technologies to restrict dual use exports controlled at the National Security and above level to the People’s Republic of China under the Wassenaar Arrangement;
(16)
the United States should explore the value of establishing a body akin to the Coordinating Committee for Multilateral Export Controls (CoCom) that would specifically coordinate United States and European Union export control policies with respect to limiting exports of sensitive technologies to the People’s Republic of China; and
(17)
the United States should work with counterparts in Europe to—
(A)
evaluate United States and European overreliance on goods originating in the People’s Republic of China, including in the medical and pharmaceutical sectors, and develop joint strategies to diversify supply chains;
(B)
develop a common strategy for promoting energy security and economic growth in eastern Europe and the Balkans that addresses shared concerns related to China’s Belt and Road Initiative in these regions, including complementary investments in the Three Seas Initiative Fund for clean energy and digital connectivity projects;
(C)
counter PRC efforts to use COVID–19-related assistance as a coercive tool to pressure developing countries by offering relevant United States and European expertise and assistance; and
(D)
leverage the United States and European private sectors to advance the post-COVID–19 economic recovery.
30256.

Strategy to enhance transatlantic cooperation with respect to the People’s Republic of China
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the President shall brief the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives on a strategy for how the United States will enhance cooperation with the European Union, NATO, and European partner countries with respect to the People’s Republic of China.
(b)

Elements
The briefing required under subsection (a) shall include the following elements with respect to the strategy referred to in such subsection:
(1)
An identification of the senior Senate-confirmed Department of State official who leads United States efforts to cooperate with the European Union, NATO, and European partner countries to advance a shared approach with respect to the People’s Republic of China.
(2)
An identification of key policy points of convergence and divergence between the United States and European allies and partners with respect to the People’s Republic of China in the areas of technology and economic practices.
(3)
A description of efforts to advance shared interests with European counterparts on—
(A)
security and economic challenges with respect to the People’s Republic of China;
(B)
democracy and human rights challenges with respect to the People’s Republic of China;
(C)
technology issues with respect to the People’s Republic of China;
(D)
defense issues with respect to the People’s Republic of China; and
(E)
developing a comprehensive strategy to respond to the Belt and Road Initiative (BRI) established by the Government of the People’s Republic of China.
(4)
A description of the coordination mechanisms among key regional and functional bureaus within the Department of State and Department of Defense tasked with engaging with European allies and partners on the People’s Republic of China.
(5)
A detailing of diplomatic efforts up to the date of the briefing and future plans to work with European allies and partners to counter the Government of the People’s Republic of China’s advancement of an authoritarian governance model around the world.
(6)
A detailing of the diplomatic efforts made up to the date of the briefing and future plans to support European efforts to identify cost-effective alternatives to Huawei’s 5G technology.
(7)
A detailing of how United States public diplomacy tools, including the Global Engagement Center of the Department of State, will coordinate efforts with counterpart entities within the European Union to counter Chinese propaganda.
(8)
A description of the staffing and budget resources the Department of State dedicates to engagement between the United States and the European Union on the People’s Republic of China and provide an assessment of out-year resource needs to execute such strategy.
(9)
A detailing of diplomatic efforts to work with European allies and partners to track and counter Chinese attempts to exert influence across multilateral fora, including at the World Health Organization.
(c)

Form
The briefing required under section (a) shall be classified.
(d)

Consultation
Not later than 180 days after the date of the enactment of this Act and annually thereafter for three years, the Secretary of State shall consult with the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives regarding the development and implementation of the elements described in subsection (b).
30257.

Enhancing transatlantic cooperation on promoting private sector finance
(a)

In general
The President should work with transatlantic partners to build on the agreement among the Development Finance Corporation, FinDev Canada, and the European Development Finance Institutions (referred to as the “DFI Alliance”) to enhance coordination on shared objectives to foster private sector-led development and provide market-based alternatives to state-directed financing in emerging markets, particularly as related to the People’s Republic of China's Belt and Road Initiative (BRI), including by integrating efforts such as—
(1)
the European Union Strategy on Connecting Europe and Asia;
(2)
the Three Seas Initiative and Three Seas Initiative Fund;
(3)
the Blue Dot Network among the United States, Japan, and Australia; and
(4)
a European Union-Japan initiative that has leveraged $65,000,000,000 for infrastructure projects and emphasizes transparency standards.
(b)

Standards
The United States and the European Union should coordinate and develop a strategy to enhance transatlantic cooperation with the OECD and the Paris Club on ensuring the highest possible standards for Belt and Road Initiative contracts and terms with developing countries.
30258.

Report and briefing on cooperation between China and Iran and between China and Russia
(a)

Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Committee on Appropriations of the Senate; and
(2)
the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
(b)

Report and briefing required
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Secretary of Energy, the Secretary of the Treasury, and such other heads of Federal agencies as the Director considers appropriate, submit to the appropriate committees of Congress a report and brief such committees on cooperation between—
(A)
the People’s Republic of China and the Islamic Republic of Iran; and
(B)
the People’s Republic of China and the Russian Federation.
(2)

Contents
The report and briefing under paragraph (1) shall include the following elements:
(A)
An identification of major areas of diplomatic energy, infrastructure, banking, financial, economic, military, and space cooperation—
(i)
between the People’s Republic of China and the Islamic Republic of Iran; and
(ii)
between the People’s Republic of China and the Russian Federation.
(B)
An assessment of the effect of the COVID–19 pandemic on such cooperation.
(C)
An assessment of the effect that United States compliance with the Joint Comprehensive Plan of Action (JCPOA) starting in January 14, 2016, and United States withdrawal from the JCPOA on May 8, 2018, had on the cooperation described in subparagraph (A)(i).
(D)
An assessment of the effect on the cooperation described in subparagraph (A)(i) that would be had by the United States reentering compliance with the JCPOA or a successor agreement and the effect of the United States not reentering compliance with the JCPOA or reaching a successor agreement.
(3)

Form
The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c)

Sense of Congress on sharing with allies and partners
It is the sense of Congress that the Director of National Intelligence and the heads of other appropriate Federal departments and agencies should share with important allies and partners of the United States, as appropriate, the findings of the report required under subsection (b).
30259.

Report and briefing on China’s election interference
The Director of National Intelligence, in coordination with the heads of other appropriate Federal departments and agencies, shall submit to Congress a report on the existence of any security risks and threats posed by China to upcoming United States elections for Federal office.
30259A.

Intelligence assessment
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence, shall submit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a classified report, with an unclassified annex if appropriate, that assesses the degree to which, if any, the Russian Federation has coordinated with the People’s Republic of China (PRC) regarding a potential further invasion of Ukraine. Such assessment shall also examine ways in which the PRC may have promised to help the Russian Federation offset the costs of prospective economic sanctions, especially in the financial, technological, and energy sectors.
3

South and Central Asia
30261.

Sense of Congress on South and Central Asia
It is the sense of Congress that—
(1)
the United States should continue to stand with friends and partners, while also working to establish new partners in South and Central Asia as they contend with efforts by the Government of the People’s Republic of China to interfere in their respective political systems and encroach upon their sovereign territory; and
(2)
the United States should reaffirm its commitment to the Comprehensive Global Strategic Partnership with India and further deepen bilateral defense consultations and collaboration with India commensurate with its status as a major defense partner.
30262.

Strategy to enhance cooperation with South and Central Asia
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate and, the Committee on Armed Services of the House of Representatives a strategy for how the United States will engage with the countries of South and Central Asia, including through the C5+1 mechanism, with respect to the People’s Republic of China.
(b)

Elements
The strategy required under subsection (a) shall include the following elements:
(1)
A detailed description of the security and economic challenges that the People’s Republic of China (PRC) poses to the countries of South and Central Asia, including border disputes with South and Central Asian countries that border the People’s Republic of China, and PRC investments in land and sea ports, transportation infrastructure, and energy projects across the region.
(2)
A detailed description of United States efforts to provide alternatives to PRC investment in infrastructure and other sectors in South and Central Asia.
(3)
A detailed description of bilateral and regional efforts to work with countries in South Asia on strategies to build resilience against PRC efforts to interfere in their political systems and economies.
(4)
A detailed description of the challenges posed by PRC investment in the Afghan mineral sector.
(5)
A detailed description of United States diplomatic efforts with the Government of Pakistan with respect to matters relevant to the People’s Republic of China, including investments by the People’s Republic of China in Pakistan through the Belt and Road Initiative.
(6)
In close consultation with the Government of India, identification of areas with respect to which the United States Government can provide diplomatic and other support as appropriate for India’s efforts to address economic and security challenges posed by the People’s Republic of China in the region.
(7)
A description of the coordination mechanisms among key regional and functional bureaus within the Department of State and Department of Defense tasked with engaging with the countries of South and Central Asia on issues relating to the People’s Republic of China.
(8)
A detailed description of United States diplomatic efforts with Central Asian countries, Turkey, and any other countries with significant populations of Uyghurs and other ethnic minorities fleeing persecution in the People’s Republic of China to press those countries to refrain from deporting ethnic minorities to the People’s Republic of China, protect ethnic minorities from intimidation by Chinese Government authorities, and protect the right to the freedoms of assembly and expression.
(c)

Form
The strategy required under section (a) shall be submitted in an unclassified form that can be made available to the public, but may include a classified annex as necessary.
(d)

Consultation
Not later than 120 days after the date of the enactment of this Act and not less often than annually thereafter for five years, the Secretary of State shall consult with the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives regarding the development and implementation of the strategy required under subsection (a).
30263.

Indian Ocean region strategic review
(a)

Findings
Congress makes the following findings:
(1)
The Indian Ocean region is a vitally important part of the Indo-Pacific where the United States has political, economic, and security interests.
(2)
The United States has an interest in working with partners in the Indo-Pacific, including India, Japan, and Australia, to address regional governance, economic connectivity, and security challenges including threats to freedom of navigation.
(b)

Statement of policy
As a part of the United States engagement in the Indo-Pacific, it shall be the policy of the United States to strengthen engagement with the countries in the Indian Ocean region, including with governments, civil society, and private sectors in such countries to—
(1)
promote United States political engagement with such region, including through active participation in regional organizations, and strengthened diplomatic relations with United States partners in such region;
(2)
enhance United States economic connectivity and commercial exchange with such region;
(3)
defend freedom of navigation in such region from security challenges, including related to piracy;
(4)
support the ability of governments and organizations in such region to respond to natural disasters;
(5)
support and facilitate the role of regional allies and partners as net providers of security to such region and as partners to the United States in addressing security challenges in such region, including through assistance to such allies and partners to build capacity in maritime security and maritime domain awareness;
(6)
continue to build the United States-India relationship in order to regularize security cooperation through the negotiation of agreements concerning access, communication, and navigation, including through foundational agreements; and
(7)
promote cooperation with United States allies in the Indo-Pacific, including Japan and Australia, and major defense partners, including India, and NATO allies, including the United Kingdom and France, to support a rules-based order in such region.
(c)

Strategy
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Administrator of the United States Agency for International Development (USAID), shall submit to the appropriate committees of Congress a multi-year strategy for United States engagement to support United States interests in the Indian Ocean region. Such strategy shall—
(A)
define United States political, economic, and security interests in the Indian Ocean region;
(B)
outline challenges to the interests of the United States in such region;
(C)
outline efforts to improve cooperation between the United States and members of the Quad, including India, Japan, and Australia, through coordination in diplomacy and development priorities, joint military exercises and operations, and other activities that promote United States political, economic, and security interests;
(D)
outline efforts to support economic connectivity in such region, including through the United States-India-Japan Trilateral Infrastructure Working Group, the Asia-Africa Growth Corridor, and other efforts to expand and enhance connectivity across the Indo-Pacific, including with the countries of Southeast Asia, that maintain high standards of investment and support for civil society and people-to-people connectivity;
(E)
describe how the United States can engage with regional intergovernmental organizations and entities, including the Indian Ocean Rim Association, to promote United States political, economic, and security interests in such region;
(F)
review the United States diplomatic posture in such region, including an assessment of United States diplomatic engagement in countries without a permanent United States embassy or diplomatic mission, and an assessment of ways to improve the cooperation with the Maldives, the Seychelles, and Comoros;
(G)
review United States diplomatic agreements with countries in such region that facilitate United States military operations in such region, including bilateral and multilateral agreements, and describe efforts to expand United States cooperation with such countries through the negotiation of additional agreements; and
(H)
include a security assistance strategy for such region that outlines priorities, objectives, and actions for United States security assistance efforts to governments of countries in such region to promote United States political, economic, and security interests in such region.
(2)

Inclusion
The strategy required under paragraph (1) may be submitted as a part of any other strategy relating to the Indo-Pacific.
(3)

Report on implementation
Not later than one year after the submission of the strategy required under paragraph (1) and one year thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on progress made toward implementing such strategy.
(d)

United States-China Economic and Security Review Commission
(1)

In general
Subparagraph (E) of section 1238(c)(2) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002(c)(2)) is amended—
(A)
by inserting “, including in the Indian Ocean region” after “deployments of the People’s Republic of China military”; and
(B)
by adding at the end the following new sentence: “In this subparagraph, the term Indian Ocean region means the Indian Ocean, including the Arabian Sea and the Bay of Bengal, and the littoral areas surrounding the Indian Ocean.”.
(2)

Effective date
The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply beginning with the first report required under section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as amended by such paragraph) that is submitted after such date.
(e)

Definitions
In this section:
(1)

Appropriate committees of Congress
The term appropriate committees of Congress means the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(2)

Indian ocean region
The term Indian Ocean region means the Indian Ocean, including the Arabian Sea and the Bay of Bengal, and the littoral areas surrounding the Indian Ocean.
4

Africa
30271.

Assessment of political, economic, and security activity of the People’s Republic of China in Africa
(a)

Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(b)

Intelligence assessment
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Director of National Intelligence, submit to the appropriate committees of Congress a report that assesses the nature and impact of the People’s Republic of China’s political, economic, socio-cultural, and security sector activity in Africa, and its impact on United States strategic interests, including information relating to—
(1)
the amount and impact of direct investment, loans, development financing, oil-for-loans deals, and other preferential trading arrangements;
(2)
the involvement of People’s Republic of China (PRC) state-owned enterprises in Africa;
(3)
the amount of African debt held by the PRC;
(4)
the involvement of PRC private security, technology and media companies in Africa;
(5)
the scale and impact of PRC arms sales to African countries;
(6)
the scope of PRC investment in and control of African energy resources and minerals critical for emerging and foundational technologies;
(7)
an analysis on the linkages between PRC’s aid and assistance to African countries and African countries supporting PRC geopolitical goals in international fora;
(8)
the methods, tools, and tactics used to facilitate illegal and corrupt activity, including trade in counterfeit and illicit goods, to include smuggled extractive resources and wildlife products, between Africa and the PRC;
(9)
the methods and techniques that the PRC uses to exert undue influence on African governments and facilitate corrupt activity in Africa, including through the CCP’s party-to-party training program, and to influence African multilateral organizations; and
(10)
an analysis of the soft power, cultural and educational activities undertaken by the PRC and CCP to seek to expand its influence in Africa.
30272.

Increasing the competitiveness of the United States in Africa
(a)

Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Finance of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives.
(b)

Strategy requirement
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Attorney General, the United States Trade Representative, the Administrator of the United States Agency for International Development, and the leadership of the United States International Development Finance Corporation, submit to the appropriate committees of Congress a report setting forth a multi-year strategy for increasing United States economic competitiveness and promoting improvements in the investment climate in Africa, including through support for—
(1)
democratic institutions and the rule of law, including property rights; and
(2)
improved transparency, anti-corruption efforts, and good governance.
(c)

Elements
The strategy submitted pursuant to subsection (a) shall include—
(1)
a description and assessment of barriers to United States investment in Africa for United States businesses, including a clear identification of the different barriers facing small-sized and medium-sized businesses, and an assessment of whether existing programs effectively address such barriers;
(2)
a description and assessment of barriers to African diaspora investment in Africa, and recommendations to overcome such barriers;
(3)
an identification of the economic sectors in the United States that have a comparative advantage in African markets;
(4)
an assessment of additional foreign assistance needs, including democracy and governance and rule of law support, to promote a conducive operating environment in priority countries;
(5)
establishing a dialogue on security, development, and environmental issues of mutual interest; and
(6)
a plan to regularly host a United States-Africa Leaders Summit to promote strategic engagement and security in Africa.
(d)

Assessment of United States Government human resources capacity
The Comptroller General of the United States shall—
(1)
conduct a review of the number of Foreign Commercial Service Officers and Department of State Economic Officers at United States embassies in sub-Saharan Africa; and
(2)
develop and submit to the appropriate congressional committees an assessment of whether human resource capacity in such embassies is adequate to meet the goals of the various trade and economic programs and initiatives in Africa, including the African Growth and Opportunity Act and Prosper Africa.
30273.

Digital security cooperation with respect to Africa
(a)

Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence of the Senate, and the Committee on Homeland Security and Governmental Affairs; and
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Oversight and Reform of the House of Representatives.
(b)

Interagency working group to counter PRC cyber aggression in Africa
(1)

In general
The President shall establish an interagency Working Group, which shall include the National Cyber Director and representatives of the Department of State, the Department of Defense, the Office of the Director of National Intelligence, and such other agencies of the United States Government as the President considers appropriate, on means to counter PRC cyber aggression with respect to Africa.
(2)

Duties
The Working Group established pursuant to this subsection shall develop and submit to the appropriate congressional committees a set of recommendations, such as for—
(A)
bolstering the capacity of governments in Africa to ensure the integrity of their data networks and critical infrastructure, where applicable;
(B)
providing alternatives to Huawei;
(C)
an action plan for United States embassies in Africa to provide assistance to host-country governments with respect to protecting their vital digital networks and infrastructure from PRC espionage, including an assessment of staffing resources needed to implement the action plan in embassies in Africa;
(D)
utilizing interagency resources to counter PRC disinformation and propaganda in traditional and digital media targeted to African audiences; and
(E)
helping civil society in Africa counter digital authoritarianism and identifying tools and assistance to enhance and promote digital democracy.
30274.

Support for Young African Leaders Initiative
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the Young African Leaders Initiative, launched in 2010, is a signature effort to invest in the next generation of African leaders;
(2)
Africa is a continent of strategic importance and it is vital for the United States to support strong and enduring partnerships with the next generation of African leaders;
(3)
the United States Government should prioritize investments to build the capacity of emerging young African leaders in sub-Saharan Africa, including through efforts to—
(A)
enhance leadership skills;
(B)
encourage entrepreneurship;
(C)
strengthen public administration and the role of civil society;
(D)
enhance peace and security in their respective countries of origin and across Africa; and
(E)
connect young African leaders continentally and globally across the private, civic, and public sectors;
(4)
youth in Africa have a positive impact on efforts to foster economic growth, improve public sector transparency and governance, and counter extremism, and should be an area of focus for United States outreach on the African continent; and
(5)
the Secretary of State should—
(A)
increase the number of fellows from Africa participating in the Mandela Washington Fellowship above the estimated 700 fellows who participated during fiscal year 2021; and
(B)
identify additional ways to connect YALI alumni to United States public and private resources and institutions.
(b)

Young african leaders initiative program
(1)

In general
There is established the Young African Leaders Initiative (“YALI”), which shall be carried out by the Secretary of State.
(2)

Purpose
YALI shall seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration, including through efforts to—
(A)
support young African leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, peace and security, and public administration; and
(B)
provide increased economic and technical assistance to young African leaders to promote economic growth, strengthen ties between United States and African businesses, build resilience to predatory lending practices, and improve capacity in key economic areas such as tendering, bidding, and contract negotiations, budget management and oversight, anti-corruption, and establishment of clear policy and regulatory practices.
(3)

Fellowships
(A)

In general
YALI shall support the participation in the United States in the Mandela Washington Fellowship for Young African Leaders of fellows from Africa who—
(i)
are between 25 and 35 years of age;
(ii)
have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; and
(iii)
have had a positive impact in their communities, organizations, or institutions.
(B)

Oversight
The fellowships described in paragraph (1) shall be overseen by the Secretary of State through the Bureau of Education and Cultural Affairs.
(C)

Eligibility
The Secretary of State shall establish and publish—
(i)
eligibility criteria for participation as a fellow under paragraph (1); and
(ii)
criteria for determining which eligible applicants will be selected.
(4)

Reciprocal exchanges
Subject to the approval of the Secretary of State, United States citizens may—
(A)
engage in reciprocal exchanges in connection with alumni of the fellowship described in subsection (c); and
(B)
collaborate on projects with such fellowship alumni.
(5)

Regional leadership centers and networks
The Administrator of the United States Agency for International Development shall establish—
(A)
not fewer than 4 regional leadership centers in sub-Saharan Africa to offer in-person and online training throughout the year on business and entrepreneurship, civic leadership, and public management to young African leaders between 18 and 35 years of age who have demonstrated strong capabilities in entrepreneurship, innovation, public service and leadership, and peace-building and conflict resolution, and who have had a positive impact in their communities, organizations, or institutions; and
(B)
an online network that provides information and courses on, and connections with leaders in, the private and public sectors of Africa.
(6)

Activities
(A)

United states-based activities
The Secretary of State, in coordination with the heads of relevant Federal departments and agencies, shall oversee all United States-based activities carried out under YALI, including—
(i)
the participation of Mandela Washington Fellows in a six-week Leadership Institute at a United States educational institution in business, civic engagement, or public management, including academic sessions, site visits, professional networking opportunities, leadership training, community service, and organized cultural activities; and
(ii)
the participation by Mandela Washington fellows in an annual Mandela Washington Fellowship Summit, to provide such Fellows the opportunity to meet with United States leaders from the private, public, and non-profit sectors.
(B)

Africa-based activities
The Secretary of State, in coordination with the Administrator for the United States Agency for International Development and the heads of other relevant Federal departments and agencies, should continue to support YALI activities in sub-Saharan Africa, including—
(i)
continued leadership training and other professional development opportunities for Mandela Washington Fellowship for Young African Leaders alumni upon their return to their home countries, including online courses, technical assistance, and access to funding;
(ii)
training for young African leaders at regional leadership centers established in accordance with subsection (e), and through online and in-person courses offered by such centers; and
(iii)
opportunities for networking and engagement with—
(I)
alumni of the Mandela Washington Fellowship for Young African Leaders;
(II)
alumni of programs at regional leadership centers established in accordance with subsection (e);
(III)
United States and like-minded diplomatic missions, business leaders, and others as appropriate; and
(IV)
where practicable and appropriate, other United States-funded regional leadership programs, including the Young Southeast Asian Leaders Initiative (YSEALI), the Young Leaders of the Americas Initiative (YLAI), the Young Pacific Leaders (YPL), and the Young Transatlantic Innovation Leaders Initiative (YTILI), and through Department of State programs such as the Community Engagement Exchange Program and other initiatives.
(C)

Implementation
To carry out this subsection, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies shall seek to partner with the private sector to pursue public-private partnerships, leverage private sector expertise, expand networking opportunities, and identify funding opportunities as well as fellowship and employment opportunities for YALI.
(7)

Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a plan for implementing YALI, including—
(A)
a description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the program;
(B)
a strategy to monitor and evaluate the program and progress made toward achieving such goals, targets, and planned outcomes; and
(C)
a strategy to ensure the program is promoting United States foreign policy goals in Africa, including ensuring that the program is clearly branded, paired with robust public diplomacy efforts, and incorporates diversity among participants as practicable, including countries and communities in Africa facing economic distress, civil conflict, marginalization, and other challenges.
(8)

Report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees and publish in a publicly accessible, internet–based form, a report that includes—
(A)
a description of the progress made toward achieving the goals, targets, and planned outcomes described in subsection (g)(1), including an overview of the program implemented in the previous year and an estimated number of beneficiaries;
(B)
an assessment of how YALI is contributing to and promoting United States-Africa relations, particularly in areas of increased private sector investment, trade promotion, support to civil society, improved public administration, promoting peace and security, and fostering entrepreneurship and youth empowerment;
(C)
recommendations for improvements or changes to YALI and the implementation plan, if any, that would improve their effectiveness during subsequent years of YALI’s implementation; and
(D)
for the first report submitted under this subsection, an assessment of the feasibility of expanding YALI to Morocco, Algeria, Tunisia, Libya, and Egypt.
(9)

Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(A)
the Committee on Foreign Relations of the Senate;
(B)
the Committee on Appropriations of the Senate;
(C)
the Committee on Foreign Affairs of the House of Representatives; and
(D)
the Committee on Appropriations of the House of Representatives.
(10)

Sunset
The requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
30275.

Africa broadcasting networks
Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States Agency for Global Media shall submit to the appropriate congressional committees a report on the resources and timeline needed to establish within the Agency an organization the mission of which shall be to promote democratic values and institutions in Africa by providing objective, accurate, and relevant news and information to the people of Africa and counter disinformation from malign actors, especially in countries in which a free press is banned by the government or not fully established, about the region, the world, and the United States through uncensored news, responsible discussion, and open debate.
30276.

Africa energy security and diversification
(a)

Statement of policy
It is the policy of the United States to support increased access to energy in Africa and reduce Africa’s energy dependence on countries that use energy reliance for undue political influence such as the Russian Federation and the People’s Republic of China.
(b)

Findings
Congress finds the following:
(1)
Lack of access to energy remains a significant barrier to economic advancement and opportunity in Africa. As of 2018, an estimated 789,000,000 people, the vast majority of them in sub-Saharan Africa, lacked access to any modern electricity. Even in the region’s most advanced economies, average annual per capita electricity consumption is often under 200 kilowatt-hours, less than what is needed to power a typical refrigerator. Only a small fraction of the 12,000,000 young Africans who enter the job market each year find employment; and the cost and reliability of electricity remain top constraints to job creation and economic competitiveness.
(2)
The United States’ global strategic competitors have stepped in to address this disparity and finance energy sector development across Africa. China is the single largest trading partner for African countries in aggregate, and the largest bilateral lender for public sector loans across Africa. Approximately 65 percent of Chinese lending to Africa goes to infrastructure, and between 2013–2020, the energy sector consistently accounted for the largest share of all investment under China’s Belt and Road Initiative.
(3)
Reliable, affordable, and sustainable power is the foundation for all modern economies and necessary for increasing growth and employment.
(4)
Increasing energy supply in low- and lower middle-income countries is necessary in the next decades in order to meet human, social, security, and economic needs.
(5)
Addressing energy poverty, powering inclusive economies, and making energy systems resilient in low- and lower middle-income countries will require diversified power systems and a mix of technologies that align with local conditions, resources, and needs.
(c)

Sense of congress
It is the sense of Congress that countries in Africa continue to be important partners to the United States and the DFC should continue to make investments in sub-Saharan Africa to facilitate technologies that contribute to energy security and reliable, affordable, and sustainable power in low and lower middle-income countries.
(d)

Amendment
Section 3 of the Electrify Africa Act of 2015 (Public Law 114–121; 22 U.S.C. 2293 note) is amended—
(1)
in paragraph (8), by striking “and” at the end;
(2)
in paragraph (9), by striking the period and inserting a semicolon; and
(3)
by inserting after paragraph (9) the following:
“(10)
advance United States foreign policy and development goals by assisting African countries to reduce their dependence on energy resources from countries that use energy dependence for undue political influence, such as the Russian Federation or the People’s Republic of China, which have used energy and financial resources to influence other countries;
(11)
promote the energy security of allies and partners of the United States by encouraging the development of accessible, transparent, and competitive energy markets that provide diversified sources and reliable, affordable, and sustainable power;
(12)
encourage United States public and private sector investment in African energy infrastructure projects to bridge the gap between energy security requirements and commercial demand in a way that is consistent with the region’s capacity; and
(13)
help facilitate the export of United States energy resources, technology, and expertise to global markets in a way that benefits the energy security of allies and partners of the United States, including in Africa.”.
5

Middle East and North Africa
30281.

Strategy to counter Chinese influence in, and access to, the Middle East and North Africa
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the People’s Republic of China is upgrading its influence in the Middle East and North Africa through its energy and infrastructure investments, technology transfer, and arms sales;
(2)
the People’s Republic of China seeks to establish military or dual use facilities in geographically strategic locations in the Middle East and North Africa to further its Belt and Road Initiative at the expense of United States national security interests; and
(3)
the export of certain communications infrastructure from the People’s Republic of China degrades the security of partner networks, exposes intellectual property to theft, threatens the ability of the United States to conduct security cooperation with compromised regional partners, and furthers China’s authoritarian surveillance model.
(b)

Strategy required
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Administrator of the United States Agency for International Development, and the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives a strategy for countering and limiting the People’s Republic of China’s influence in, and access to, the Middle East and North Africa.
(2)

Elements
The strategy required under paragraph (1) shall include—
(A)
an assessment of the People’s Republic of China’s intent with regards to increased cooperation with Middle East and North African countries and how such cooperation fits into its broader global strategic objectives;
(B)
an assessment of how governments across the region are responding to the People’s Republic of China’s efforts to increase its military presence in their countries;
(C)
efforts to improve regional cooperation through foreign military sales, financing, and efforts to build partner capacity and increase interoperability with the United States;
(D)
an assessment of the People’s Republic of China’s joint research and development with the Middle East and North Africa, impacts on the United States’ national security interests, and recommended steps to mitigate the People’s Republic of China’s influence in such area;
(E)
an assessment of arms sales and weapons technology transfers from the People’s Republic of China to the Middle East and North Africa, impacts on United States’ national security interests, and recommended steps to mitigate the People’s Republic of China’s influence in such area;
(F)
an assessment of the People’s Republic of China’s military sales to the region, including lethal and non-lethal unmanned aerial systems;
(G)
an assessment of People’s Republic of China military basing and dual-use facility initiatives across the Middle East and North Africa, impacts on United States’ national security interests, and recommended steps to mitigate the People’s Republic of China’s influence in such area;
(H)
efforts to improve regional security cooperation with United States allies and partners with a focus on—
(i)
maritime security in the Arabian Gulf, the Red Sea, and the Eastern Mediterranean;
(ii)
integrated air and missile defense;
(iii)
cyber security;
(iv)
border security; and
(v)
critical infrastructure security, to include energy security;
(I)
increased support for government-to-government engagement on critical infrastructure development projects, including ports and water infrastructure;
(J)
efforts to encourage United States private sector and public-private partnerships in healthcare technology and foreign direct investment in non-energy sectors;
(K)
efforts to expand youth engagement and professional education exchanges with key partner countries;
(L)
specific steps to counter increased investment from the People’s Republic of China in telecommunications infrastructure and diplomatic efforts to stress the political, economic, and social benefits of a free and open internet;
(M)
efforts to promote United States private sector engagement in and public-private partnerships on renewable energy development;
(N)
the expansion of public-private partnership efforts on water, desalination, and irrigation projects;
(O)
efforts to warn United States partners in the Middle East and North Africa of the risks associated with the People’s Republic of China’s telecommunications infrastructure and provide alternative “clean paths” to the People’s Republic of China’s technology; and
(P)
opportunities of potential partnership with Israel and other regional nations in areas such as technological cooperation in areas critical to national security.
(c)

Form
The strategy required under section (b) shall be submitted in an unclassified form that can be made available to the public, but may include a classified annex as necessary.
30282.

Sense of Congress on Middle East and North Africa engagement
(a)

Findings
Congress makes the following findings:
(1)
The United States and the international community have long-term interests in the stability, security, and prosperity of the people of the Middle East and North Africa.
(2)
In addition to and apart from military and security efforts, the United States should harness a whole of government approach, including bilateral and multilateral statecraft, economic lines of effort, and public diplomacy to compete with and counter PRC influence.
(3)
A clearly articulated positive narrative of United States engagement, transparent governance structures, and active civil society engagement help counter predatory foreign investment and influence efforts.
(b)

Statement of policy
It is the policy of the United States that the United States and the international community should continue diplomatic and economic efforts throughout the Middle East and North Africa that support reform efforts to—
(1)
promote greater economic opportunity;
(2)
foster private sector development;
(3)
strengthen civil society;
(4)
promote transparent and democratic governance and the rule of law; and
(5)
promote greater regional integration and intraregional cooperation, including with Israel.
30283.

Sense of Congress on People’s Republic of China-Iran relationship
It is the sense of Congress that the People’s Republic of China’s economic relationship with Iran, including oil purchases in violation of United States sanctions, undermines United States efforts to compel Iran to abandon its malign activities.
6

Arctic Region
30285.

Arctic diplomacy
(a)

Sense of Congress on Arctic security
It is the sense of Congress that—
(1)
the rapidly changing Arctic environment—
(A)
creates new national and regional security challenges due to increased military activity in the Arctic;
(B)
heightens the risk of the Arctic emerging as a major theater of conflict in ongoing strategic competition;
(C)
threatens maritime safety as Arctic littoral countries have inadequate capacity to patrol the increased vessel traffic in this remote region, which is a result of diminished annual levels of sea ice;
(D)
impacts public safety due to increased human activity in the Arctic region where search and rescue capacity remains very limited; and
(E)
threatens the health of the Arctic’s fragile and pristine environment and the unique and highly sensitive species found in the Arctic’s marine and terrestrial ecosystems; and
(2)
the United States should reduce the consequences described in paragraph (1) by—
(A)
evaluating the wide variety and dynamic set of security and safety risks developing in the Arctic;
(B)
developing policies and making preparations to mitigate and respond to threats and risks in the Arctic, including by continuing to work with allies and partners in the Arctic region to deter potential aggressive activities and build Arctic competencies;
(C)
adequately funding the National Earth System Prediction Capability to substantively improve weather, ocean, and ice predictions on the time scales necessary to ensure regional security and trans-Arctic shipping;
(D)
investing in resources, including a significantly expanded icebreaker fleet, to ensure that the United States has adequate capacity to prevent and respond to security threats in the Arctic region; and
(E)
pursuing diplomatic engagements with all states in the Arctic region to reach an agreement for—
(i)
maintaining peace and stability in the Arctic region;
(ii)
fostering cooperation on stewardship and safety initiatives in the Arctic region;
(iii)
ensuring safe and efficient management of commercial maritime traffic in the Arctic;
(iv)
promoting responsible natural resource management and economic development; and
(v)
countering China's Polar Silk Road initiative;
(vi)
examining the possibility of reconvening the Arctic Chiefs of Defense Forum; and
(vii)
reducing black carbon and methane emissions in the Arctic Region, including by working with observers of the Arctic Council, including India and the People’s Republic of China, to adopt mitigation plans consistent with the findings and recommendations of the Arctic Council’s Framework for Action on Black Carbon and Methane.
(b)

Statement of policy
It is the policy of the United States—
(1)
to recognize only the states specified in subsection (c)(1) as Arctic states, and to reject all other claims to such status; and
(2)
that the militarization of the Arctic poses a serious threat to Arctic peace and stability, and the interests of United States allies and partners.
(c)

Definitions
In this section:
(1)

Arctic states
The term Arctic states means Russia, Canada, the United States, Norway, Denmark (including Greenland), Finland, Sweden, and Iceland.
(2)

Arctic region
The term Arctic Region means the geographic region north of the 66.56083 parallel latitude north of the equator.
(d)

Designation of Ambassador At Large for Arctic Affairs
There is established within the Department of State an Ambassador at Large for Arctic Affairs (referred to in this section as the “Ambassador”), appointed in accordance with paragraph (1).
(1)

Appointment
The Ambassador shall be appointed by the President, by and with the advice and consent of the Senate.
(2)

Duties
(A)

Diplomatic representation
Subject to the direction of the President and the Secretary of State, the Ambassador is authorized to represent the United States in matters and cases relevant to the Arctic Region in—
(i)
contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Arctic Council, and other international organizations of which the United States is a member; and
(ii)
multilateral conferences and meetings relating to Arctic affairs.
(B)

Chair of the Arctic Council
The Ambassador shall serve as the Chair of the Arctic Council when the United States holds the Chairmanship of the Arctic Council.
(3)

Policies and procedures
The Ambassador shall coordinate United States policies related to the Arctic Region, including—
(A)
meeting national security, economic, and commercial needs pertaining to Arctic affairs;
(B)
protecting the Arctic environment and conserving its biological resources;
(C)
promoting environmentally sustainable natural resource management and economic development;
(D)
strengthening institutions for cooperation among the Arctic states;
(E)
involving Arctic indigenous people in decisions that affect them;
(F)
enhancing scientific monitoring and research on local, regional, and global environmental issues;
(G)
integrating scientific data on the current and projected effects of climate change in the Arctic Region and ensure that such data is applied to the development of security strategies for the Arctic Region;
(H)
making available the methods and approaches on the integration of climate science to other regional security planning programs in the Department of State to better ensure that broader decision-making processes may more adequately account for the effects of climate change; and
(I)
reducing black carbon and methane emissions in the Arctic Region.
(e)

Arctic Region Security Policy
The Ambassador shall develop a policy, to be known as the “Arctic Region Security Policy”, to assess, develop, budget for, and implement plans, policies, and actions—
(1)
to bolster the diplomatic presence of the United States in Arctic states, including through enhancements to diplomatic missions and facilities, participation in regional and bilateral dialogues related to Arctic security, and coordination of United States initiatives and assistance programs across agencies to protect the national security of the United States and its allies and partners;
(2)
to enhance the resilience capacities of Arctic states to the effects of environmental change and increased civilian and military activity by Arctic states and other states that may result from increased accessibility of the Arctic Region;
(3)
to assess specific added risks to the Arctic Region and Arctic states that—
(A)
are vulnerable to the changing Arctic environment; and
(B)
are strategically significant to the United States;
(4)
to coordinate the integration of environmental change and national security risk and vulnerability assessments into the decision making process on foreign assistance awards with Greenland;
(5)
to advance principles of good governance by encouraging and cooperating with Arctic states on collaborative approaches—
(A)
to responsibly manage natural resources in the Arctic Region;
(B)
to share the burden of ensuring maritime safety in the Arctic Region;
(C)
to prevent the escalation of security tensions by mitigating against the militarization of the Arctic Region;
(D)
to develop mutually agreed upon multilateral policies among Arctic states on the management of maritime transit routes through the Arctic Region and work cooperatively on the transit policies for access to and transit in the Arctic Region by non-Arctic states; and
(E)
to facilitate the development of Arctic Region Security Action Plans to ensure stability and public safety in disaster situations in a humane and responsible fashion;
(6)
to evaluate the vulnerability, security, survivability, and resiliency of United States interests and non-defense assets in the Arctic Region; and
(7)
to reduce black carbon and methane emissions in the Arctic.
30286.

Statement of policy regarding observer status for Taiwan on the Arctic Council
It is the policy of the United States to urge that Taiwan be given observer status on the Arctic Council.
7

Oceania
30291.

Statement of policy on United States engagement in Oceania
It shall be the policy of the United States—
(1)
to elevate the countries of Oceania as a strategic national security and economic priority of the United States Government;
(2)
to promote civil society, the rule of law, and democratic governance across Oceania as part of a free and open Indo-Pacific region;
(3)
to broaden and deepen relationships with the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia through robust defense, diplomatic, economic, and development exchanges that promote the goals of individual countries and the entire region;
(4)
to work with the Governments of Australia, New Zealand, and Japan to advance shared alliance goals of the Oceania region concerning health, environmental protection, disaster resilience and preparedness, illegal, unreported and unregulated fishing, maritime security, and economic development;
(5)
to participate, wherever possible and appropriate, in existing regional organizations and international structures to promote the national security and economic goals of the United States and countries of Oceania;
(6)
to invest in a whole-of-government United States strategy that will enhance youth engagement and advance long-term growth and development throughout the region, especially as such relates to protecting marine resources that are critical to livelihoods and strengthening the resilience of the countries of Oceania against current and future threats resulting from extreme weather and severe changes in the environment;
(7)
to deter and combat acts of malign foreign influence and corruption aimed at undermining the political, environmental, social, and economic stability of the people and governments of the countries of Oceania;
(8)
to improve the local capacity of the countries of Oceania to address public health challenges and improve global health security;
(9)
to help the countries of Oceania access market-based private sector investments that adhere to best practices regarding transparency, debt sustainability, and environmental and social safeguards as an alternative to state-directed investments by authoritarian governments;
(10)
to ensure the people and communities of Oceania remain safe from the risks of old and degrading munitions hazards and other debris that threaten health and livelihoods;
(11)
to cooperate with Taiwan by offering United States support for maintaining Taiwan’s diplomatic partners in Oceania; and
(12)
to work cooperatively with all governments in Oceania to promote the dignified return of the remains of members of the United States Armed Forces who are missing in action from previous conflicts in the Indo-Pacific region.
30292.

Oceania strategic roadmap
(a)

Oceania strategic roadmap
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategic roadmap for strengthening United States engagement with the countries of Oceania, including an analysis of opportunities to cooperate with Australia, New Zealand, and Japan, to address shared concerns and promote shared goals in pursuit of security and resiliency in the countries of Oceania.
(b)

Elements
The strategic roadmap required by subsection (a) shall include the following:
(1)
A description of United States regional goals and concerns with respect to Oceania and increasing engagement with the countries of Oceania.
(2)
An assessment, based on paragraph (1), of United States regional goals and concerns that are shared by Australia, New Zealand, and Japan, including a review of issues related to anti-corruption efforts, maritime and other security issues, environmental protection, fisheries management, economic growth and development, and disaster resilience and preparedness.
(3)
A review of ongoing programs and initiatives by the Governments of the United States, Australia, New Zealand, and Japan in pursuit of shared regional goals and concerns.
(4)
A review of ongoing programs and initiatives by regional organizations and other related intergovernmental structures aimed at addressing shared regional goals and concerns.
(5)
A plan for aligning United States programs and resources in pursuit of shared regional goals and concerns, as appropriate.
(6)
Recommendations for additional United States authorities, personnel, programs, or resources necessary to execute the strategic roadmap.
(7)
Any other elements the Secretary of State considers appropriate.
30293.

Oceania Security Dialogue
(a)

In general
Not later than one year after the date of the enactment of this Act, the Secretary of State shall brief the appropriate committees of Congress on the feasibility and advisability of establishing a United States-based public-private sponsored security dialogue (to be known as the “Oceania Security Dialogue”) among the countries of Oceania for the purposes of jointly exploring and discussing issues affecting the economic, diplomatic, and national security of the Indo-Pacific countries of Oceania.
(b)

Report required
The briefing required by subsection (a) shall, at a minimum, include the following:
(1)
A review of the ability of the Department of State to participate in a public-private sponsored security dialogue.
(2)
An assessment of the potential locations for conducting an Oceania Security Dialogue in the jurisdiction of the United States.
(3)
Consideration of dates for conducting an Oceania Security Dialogue that would maximize participation of representatives from the Indo-Pacific countries of Oceania.
(4)
A review of the funding modalities available to the Department of State to help finance an Oceania Security Dialogue, including grant-making authorities available to the Department of State.
(5)
An assessment of any administrative, statutory, or other legal limitations that would prevent the establishment of an Oceania Security Dialogue with participation and support of the Department of State.
(6)
An analysis of how an Oceania Security Dialogue could help to advance the Boe Declaration on Regional Security, including its emphasis on the changing environment as the greatest existential threat to countries of Oceania.
(7)
An evaluation of how an Oceania Security Dialogue could help amplify the issues and work of existing regional structures and organizations dedicated to the security of the Oceania region, such as the Pacific Island Forum and Pacific Environmental Security Forum.
(8)
An analysis of how an Oceania Security Dialogue would help with implementation of the strategic roadmap required by section 30292 and advance the National Security Strategy of the United States.
(c)

Interagency consultation
To the extent practicable, the Secretary of State may consult with the Secretary of Defense and, where appropriate, evaluate the lessons learned of the Regional Centers for Security Studies of the Department of Defense to determine the feasibility and advisability of establishing the Oceania Security Dialogue.
30294.

Oceania Peace Corps partnerships
(a)

In general
Not later than one year after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on strategies to reasonably and safely expand the number of Peace Corps volunteers in Oceania, with the goals of—
(1)
expanding the presence of the Peace Corps to all currently feasible locations in Oceania; and
(2)
working with regional and international partners of the United States to expand the presence of Peace Corps volunteers in low-income Oceania communities in support of climate resilience initiatives.
(b)

Elements
The report required by subsection (a) shall—
(1)
assess the factors contributing to the current absence of the Peace Corps and its volunteers in Oceania;
(2)
examine potential remedies that include working with United States Government agencies and regional governments, including governments of United States allies—
(A)
to increase the health infrastructure and medical evacuation capabilities of the countries of Oceania to better support the safety of Peace Corps volunteers while in such countries;
(B)
to address physical safety concerns that have decreased the ability of the Peace Corps to operate in Oceania; and
(C)
to increase transportation infrastructure in the countries of Oceania to better support the travel of Peace Corps volunteers and their access to necessary facilities;
(3)
evaluate the potential to expand the deployment of Peace Corps Response volunteers to help the countries of Oceania address social, economic, and development needs of their communities that require specific professional expertise; and
(4)
explore potential new operational models to address safety and security needs of Peace Corps volunteers in the countries of Oceania, including—
(A)
changes to volunteer deployment durations; and
(B)
scheduled redeployment of volunteers to regional or United States-based healthcare facilities for routine physical and behavioral health evaluation.
(c)

Volunteers in low-Income Oceania communities
(1)

In general
In examining the potential to expand the presence of Peace Corps volunteers in low-income Oceania communities under subsection (a)(2), the Director of the Peace Corps shall consider the development of initiatives described in paragraph (2).
(2)

Initiatives described
Initiatives described in this paragraph are volunteer initiatives that help the countries of Oceania address social, economic, and development needs of their communities, including by—
(A)
addressing, through appropriate resilience-based interventions, the vulnerability that communities in Oceania face as result of extreme weather, severe environmental change, and other climate related trends; and
(B)
improving, through smart infrastructure principles, access to transportation and connectivity infrastructure that will help address the economic and social challenges that communities in Oceania confront as a result of poor or nonexistent infrastructure.
(d)

Oceania defined
In this section, the term Oceania includes the following:
(1)
Easter Island of Chile.
(2)
Fiji.
(3)
French Polynesia of France.
(4)
Kiribati.
(5)
New Caledonia of France.
(6)
Nieu of New Zealand.
(7)
Papua New Guinea.
(8)
Samoa.
(9)
Vanuatu.
(10)
The Ashmore and Cartier Islands of Australia.
(11)
The Cook Islands of New Zealand.
(12)
The Coral Islands of Australia.
(13)
The Federated States of Micronesia.
(14)
The Norfolk Island of Australia.
(15)
The Pitcairn Islands of the United Kingdom.
(16)
The Republic of the Marshal Islands.
(17)
The Republic of Palau.
(18)
The Solomon Islands.
(19)
Tokelau of New Zealand.
(20)
Tonga.
(21)
Tuvalu.
(22)
Wallis and Futuna of France.
8

Pacific Islands
30295.

Short title
This part may be cited as the “Boosting Long-term U.S. Engagement in the Pacific Act” or the “BLUE Pacific Act”.
30296.

Findings
Congress finds the following:
(1)
The Pacific Islands—
(A)
are home to roughly 10 million residents, including over 8.6 million in Papua New Guinea, constituting diverse and dynamic cultures and peoples;
(B)
are spread across an expanse of the Pacific Ocean equivalent to 15 percent of the Earth’s surface, including the three sub-regions of Melanesia, Micronesia, and Polynesia; and
(C)
face shared challenges in development that have distinct local contexts, including climate change and rising sea levels, geographic distances from major markets, and vulnerability to external shocks such as natural disasters.
(2)
The United States is a Pacific country with longstanding ties and shared values and interests with the Pacific Islands, including through the Compacts of Free Association with the Freely Associated States, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(3)
The United States has vital national security interests in the Pacific Islands, including—
(A)
protecting regional peace and security that fully respects the sovereignty of all nations;
(B)
advancing economic prosperity free from coercion through sustainable development; and
(C)
supporting democracy, good governance, the rule of law, and human rights and fundamental freedoms.
(4)
Successive United States administrations have recognized the importance of the Pacific region, including the Pacific Islands, in high-level strategic documents, including the following:
(A)
The 2015 National Security Strategy, which first declared the rebalance to Asia and the Pacific, affirmed the United States as a Pacific nation, and paved the way for subsequent United States engagement with the Pacific Islands, including several new policies focused on conservation and resilience to climate change announced in September 2016.
(B)
The 2017 National Security Strategy, which includes a commitment to “shore up fragile partner states in the Pacific Islands region to reduce their vulnerability to economic fluctuations and natural disasters”.
(C)
The 2019 Indo-Pacific Strategy Report, which identified the Pacific Islands as “critical to U.S. strategy because of our shared values, interests, and commitments” and committed the United States to “building capacity and resilience to address maritime security; Illegal, Unreported, and Unregulated fishing; drug trafficking; and resilience to address climate change and disaster response”.
(5)
The United States has deepened its diplomatic engagement with the Pacific Islands through several recent initiatives, including—
(A)
the Pacific Pledge, which provided an additional $100,000,000 in 2019 and $200,000,000 in 2020, on top of the approximately $350,000,000 that the United States provides annually to the region to support shared priorities in economic and human development, climate change, and more; and
(B)
the Small and Less Populous Island Economies (SALPIE) Initiative launched in March 2021 to strengthen United States collaboration with island countries and territories, including in the Pacific Islands, on COVID–19 economic challenges, long-term economic development, climate change, and other shared interests.
(6)
The Boe Declaration on Regional Security, signed by leaders of the Pacific Islands Forum in 2018, affirmed that climate change “remains the single greatest threat to the livelihoods, security, and wellbeing of the peoples of the Pacific” and asserted “the sovereign right of every Member to conduct its national affairs free of external interference and coercion”.
(7)
The Asian Development Bank has estimated that the Pacific Islands region needs upwards of $2.8 billion a year in investment needs through 2030, in addition to $300 million a year for climate mitigation and adaptation over the same period.
(8)
The Pacific Islands swiftly enacted effective policies to prevent and contain the spread of the Coronavirus Disease 2019 (commonly referred to as “COVID–19”) pandemic to their populations. The United States has provided over $130,000,000 in assistance to the Pacific Islands for their COVID–19 response. However, priorities must be met to ensure continued success in preventing the spread of the COVID–19 pandemic, achieving swift and widespread vaccinations, and pursuing long-term economic recovery in the Pacific Islands, including through—
(A)
expanding testing capacity and acquisition of needed medical supplies, including available COVID–19 vaccines and supporting vaccination efforts, through a reliable supply chain;
(B)
planning for lifting of lockdowns and reopening of economic and social activities; and
(C)
mitigating and recovering from the impacts of the COVID–19 pandemic on the health system and the reliance on food and energy imports as well as lost tourism revenue and other economic and food security damages caused by the pandemic.
(9)
Since 1966, thousands of Peace Corps volunteers have proudly served in the Pacific Islands, building strong people-to-people relationships and demonstrating the United States commitment to peace and development in the region. Prior to the COVID–19 pandemic, the Peace Corps maintained presence in four countries of the Pacific Islands. Peace Corps volunteers continue to be in high demand in the Pacific Islands and have been requested across the region.
30297.

Statement of policy
It is the policy of the United States—
(1)
to develop and commit to a comprehensive, multifaceted, and principled United States policy in the Pacific Islands that—
(A)
promotes peace, security, and prosperity for all countries through a rules-based regional order that respects the sovereignty and political independence of all nations;
(B)
preserves the Pacific Ocean as an open and vibrant corridor for international maritime trade and sustainable development that supports inclusive economic growth and autonomy for all nations and addresses socioeconomic challenges related to public health, education, renewable energy, digital connectivity, and more;
(C)
supports regional efforts to address the challenges posed by climate change, including by strengthening resilience to natural disasters and through responsible stewardship of natural resources;
(D)
improves civil society, strengthens democratic governance and the rule of law, and promotes human rights and the preservation of the region’s unique cultural heritages;
(E)
assists the Pacific Islands in preventing and containing the spread of the COVID–19 pandemic and in pursuing long-term economic recovery; and
(F)
supports existing regional architecture and international norms;
(2)
to support the vision, values, and objectives of existing regional multilateral institutions and frameworks, such as the Pacific Islands Forum and the Pacific Community, including—
(A)
the 2014 Framework for Pacific Regionalism;
(B)
the 2018 Boe Declaration on Regional Security; and
(C)
the Boe Declaration Action Plan;
(3)
to extend and renew the provisions of the Compacts of Free Association and related United States law that will expire in 2023 for the Republic of the Marshall Islands and the Federated States of Micronesia and in 2024 for the Republic of Palau unless they are extended and renewed; and
(4)
to work closely with United States allies and partners with existing relationships and interests in the Pacific Islands, such as Australia, Japan, New Zealand, and Taiwan, in advancing common goals.
30298.

Definition
In this part, the terms Pacific Islands means the Cook Islands, the Republic of Fiji, the Republic of Kiribati, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Nauru, Niue, the Republic of Palau, the Independent State of Papua New Guinea, the Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic of Vanuatu.
30299.

Authority to consolidate reports; form of reports
(a)

Authority to consolidate reports
Any reports required to be submitted to the appropriate congressional committees under this part that are subject to deadlines for submission consisting of the same units of time may be consolidated into a single report that is submitted to the appropriate congressional committees pursuant to such deadlines and that contains all information required under such reports.
(b)

Form of reports
Each report required by this part shall be submitted in unclassified form but may contain a classified annex.
30299A.

Diplomatic presence in the Pacific Islands
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the strategic importance of the Pacific Islands necessitates an examination of whether United States diplomatic, economic, and development engagement and presence in the Pacific Islands region is sufficient to effectively support United States objectives and meaningful participation in regional fora;
(2)
improving shared understanding of and jointly combatting the transnational challenges pertinent to the Pacific Islands region with countries of the Pacific Islands and regional partners such as Australia, New Zealand, Japan, and Taiwan is vitally important to our shared long-term interests of stability, security, and prosperity;
(3)
the United States should seek to participate in and support efforts to coordinate a regional response toward maritime security, including through continued United States and Pacific Islands participation in the Pacific Fusion Centre in Vanuatu and Information Fusion Centre in Singapore, and robust cooperation with regional allies and partners; and
(4)
the United States Government should commit to sending appropriate levels of representation to regional events.
(b)

Report
(1)

In general
Not later than 180 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of State, in consultation with the Secretary of Commerce and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the diplomatic and development presence of the United States in the Pacific Islands.
(2)

Elements
The report required by paragraph (1) shall include the following:
(A)
A description of the Department of State, United States Agency for International Development, United States International Development Finance Corporation, Millennium Challenge Corporation, and United States Commercial Service presence, staffing, programming, and resourcing of operations in the Pacific Islands, including programming and resourcing not specifically allocated to the Pacific Islands.
(B)
A description of gaps in such presence, including unfilled full-time equivalent positions.
(C)
A description of limitations and challenges such gaps pose to United States strategic objectives, including—
(i)
gaps in support of the Pacific Islands due to operations being conducted from the United States Agency for International Development offices in Manila and Suva; and
(ii)
gaps in programming and resourcing.
(D)
A strategy to expand and elevate such presence to fill such gaps, including by establishing new missions, expanding participation in regional forums, and elevating United States representation in regional forums.
(c)

Authority to enhance diplomatic and economic engagement
The Secretary of State and the Secretary of Commerce are authorized to hire locally employed staff in the Pacific Islands for the purpose of promoting increased diplomatic engagement and economic and commercial engagement between the United States and the Pacific Islands.
(d)

Regional development cooperation strategy
Not later than 180 days after the date of the enactment of this Act, and every five years thereafter, the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a regional development cooperation strategy for the Pacific Islands.
30299B.

Coordination with regional allies and partners
(a)

In general
The Secretary of State shall consult and coordinate with regional allies and partners, such as Australia, Japan, New Zealand, Taiwan, and regional institutions such as the Pacific Islands Forum and the Pacific Community, with respect to programs to provide assistance to the Pacific Islands, including programs established by this Act, including for purposes of—
(1)
deconflicting programming;
(2)
ensuring that any programming does not adversely affect the absorptive capacity of the Pacific Islands; and
(3)
ensuring complementary programs benefit the Pacific Islands to the maximum extent practicable.
(b)

Formal consultative process
The Secretary of State shall establish a formal consultative process with such regional allies and partners to coordinate with respect to such programs and future-years programming.
(c)

Report
Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees and the Armed Services Committees of the Senate and the House of Representatives a report that includes—
(1)
a review of ongoing efforts, initiatives, and programs undertaken by regional allies and partners, including multilateral organizations, to advance priorities identified in this Act;
(2)
a review of ongoing efforts, initiatives, and programs undertaken by non-allied foreign actors that are viewed as being potentially harmful or in any way detrimental to one or more countries of the Pacific Islands;
(3)
an assessment of United States programs in the Pacific Islands and their alignment and complementarity with the efforts of regional allies and partners identified in paragraph (1); and
(4)
a review of the formal consultative process required in subsection (b) to summarize engagements held and identify opportunities to improve coordination with regional allies and partners.
30299C.

Climate resilient development in the Pacific Islands
(a)

Sense of Congress
It is the sense of Congress that—
(1)
the United States Government should leverage the full range of authorities and programs available to assist the Pacific Islands in achieving their development goals;
(2)
United States development assistance should seek to build on existing public and private sector investments while creating new opportunities toward a favorable environment for additional such investments; and
(3)
United States development efforts should be coordinated with and seek to build on existing efforts by like-minded partners and allies and regional and international multilateral organizations.
(b)

Strategy
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, and the Chief Executive Officer of the United States International Development Finance Corporation, shall develop and implement a strategy to—
(1)
invest in and improve critical infrastructure, including transport connectivity, information and communications technology, food security, coastal zone management, marine and water resource management, and energy security and access to electricity in the Pacific Islands, with an emphasis on climate resiliency and sustainable development;
(2)
provide technical assistance to assist local government and civil society leaders assess risks to local infrastructure, especially those posed by climate change, consider and implement risk mitigation efforts and policies to strengthen resilience, and evaluate proposed projects and solutions for their efficacy and sustainability; and
(3)
support investment and improvement in ecosystem conservation and protection for the long-term sustainable use of ecosystem services, especially those that mitigate effects of climate change and those that support food security and livelihoods.
(c)

Conduct of strategy
The strategy developed under this section shall be coordinated with like-minded partners and allies, regional and international multilateral organizations, and regional frameworks for development in the Pacific Islands.
(d)

International financial institutions
The Secretary of the Treasury shall direct the representatives of the United States to the World Bank Group, the International Monetary Fund, and the Asian Development Bank to use the voice and vote of the United States to support climate resilient infrastructure projects in the Pacific Islands.
(e)

Report
(1)

In general
Not later than 180 days after the date of the enactment this Act and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a report on foreign infrastructure developments in the Pacific Islands.
(2)

Matters to be included
The report required by paragraph (1) shall include—
(A)
a review of foreign infrastructure developments in the Pacific Islands by non-United States allies and partners;
(B)
assessments of the environmental impact and sustainability of such developments; and
(C)
an analysis of the financial sustainability of such developments and their impacts on the debt of host countries in the Pacific Islands.
(f)

Authorization of appropriations
There are authorized to be appropriated $50,000,000 for each of the fiscal years 2022 through 2026 to carry out this section.
30299D.

International law enforcement academy for the Pacific Islands
(a)

In general
The Secretary of State shall develop and implement a plan to expand coverage of the International Law Enforcement Academies (ILEA) program for the Pacific Islands, including by—
(1)
expanding coverage of the regional program located in Bangkok, Thailand, to the Pacific Islands; or
(2)
establishing a new regional program for the Pacific Islands.
(b)

Matters to be included
The plan required by subsection (a) shall include consultation and coordination with existing regional law enforcement entities, including the Pacific Islands Chiefs of Police and civil society, including those focused on human rights and specializing in victim-centered approaches, and take into consideration costs of implementation, effectiveness, and capacity of the Pacific Islands to participate in the ILEA program.
(c)

Briefing required
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide the appropriate congressional committees a briefing on the plan developed under this section.
30299E.

Security assistance for the Pacific Islands
(a)

Strategy
(1)

In general
The Secretary of State, with the concurrence of the Secretary of Defense and in coordination with the Secretary of Homeland Security, shall develop and implement a comprehensive strategy to provide assistance to and build the capacity of local civilian and national security institutions of the Pacific Islands for purposes of—
(A)
enhancing maritime security and maritime domain awareness to address challenges such as illegal, unreported, and unregulated fishing;
(B)
assisting local law enforcement in detecting, preventing, and combatting human and drug trafficking and other forms of transnational crime;
(C)
participating in efforts by regional institutions and frameworks to coordinate and facilitate cooperation on shared security challenges; and
(D)
expanding information sharing and to work toward operational coordination and interoperability among Pacific Island maritime security forces, including through regional fusion centers.
(2)

Programs and authorities described
The strategy required by this subsection shall build on but not be limited to the following programs and authorities:
(A)
The International Military Education and Training program.
(B)
The Foreign Military Financing program.
(C)
The authority to build the capacity of foreign security forces under section 333 of title 10, United States Code.
(D)
The authority to provide excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(E)
The Department of Defense State Partnership Program.
(3)

National police forces and coast guards
The national police forces and coast guards of the Pacific Islands are eligible to receive assistance under the programs and authorities described in paragraph (2) (other than the programs and authorities described in subparagraphs (A), (D), and (F) of paragraph (2)) for purposes of the strategy required by this subsection.
(b)

Matters to be included
The strategy required by subsection (a) shall seek to preserve peace and regional stability in the Pacific Islands and take into consideration and seek to build upon but not duplicate existing assistance provided by United States allies and partners.
(c)

Report
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that contains the strategy developed under this section.
(2)

Matters to be included
The report required by paragraph (1) shall include—
(A)
an assessment of security challenges to the Pacific Islands;
(B)
an analysis of demonstrated needs of the Pacific Islands for assistance;
(C)
a review of existing security assistance programs in the Pacific Islands, including programs and efforts provided by United States allies and partners;
(D)
a plan for programs for training, equipping, and sustainment, including excess defense equipment and related materials;
(E)
a list of militaries, national police forces, coast guards, and other national security forces of the Pacific Islands receiving assistance under the strategy;
(F)
a review of existing cross-border maritime law enforcement operations (commonly known as “shiprider agreements”) with the Pacific Islands, an assessment of additional resourcing needs to enhance operational capacity, and a plan to improve on these programs and operations;
(G)
a review of existing Department of Defense State Partnership Programs with the Pacific Islands and an assessment of additional opportunities to leverage Department of Defense State Partnership Programs to address national security, law enforcement, disaster relief and emergency management, and related priorities;
(H)
a review of current efforts and progress in removing unexploded ordnance in the Pacific Islands and an assessment of additional resourcing needed to ensure continued progress, including to support coordination with regional efforts and those of United States allies and partners;
(I)
a review of existing regional fusion centers and other cooperative intelligence sharing efforts in the Pacific Islands to address maritime security, transnational crime, natural disasters, and other security challenges and an assessment of opportunities for the United States to participate in such efforts, including by allocating staff and supplying resourcing;
(J)
measures to evaluate success for the strategy;
(K)
a detailed assessment of appropriations required to achieve the objectives for the strategy in future years; and
(L)
an analysis of national security threats posed to the Pacific Islands by climate change.
(3)

Appropriate congressional committees defined
In this subsection, the term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate.
30299F.

Countering transnational crime
(a)

Ratification of international legal instruments
(1)

In general
The Secretary of State shall prioritize efforts to assist the Pacific Islands in ratifying and implementing international legal conventions related to transnational crime, such as—
(A)
the Convention on International Trade in Endangered Species of Wildlife Fauna and Flora;
(B)
the Agreement on Port State Measures; and
(C)
relevant protocols supplementing the United Nations Convention Against Transnational Organized Crime, such as—
(i)
the Protocol to Prevent, Suppress, and Punish Trafficking in Person, Especially Women and Children; and
(ii)
the Protocol Against the Smuggling of Migrants by Land, Sea, and Air.
(2)

Biennial report
Not later than 180 days after the date of the enactment of this Act and every two years thereafter as appropriate, the Secretary of State shall submit to the appropriate congressional committees a report on—
(A)
the status of the progress of each country of the Pacific Islands toward ratifying and implementing international legal conventions related to transnational crime; and
(B)
United States plans for assisting those countries that have yet to fully ratify such conventions with their respective ratification efforts.
(b)

Updates of certain reports
The Secretary of State, in coordination with other Federal agencies as appropriate, shall identify and update existing reports to include forms of transnational crime affecting the Pacific Islands, such as—
(1)
the International Narcotics Control Strategy report;
(2)
the Improving International Fisheries Management report; and
(3)
the Trafficking in Persons report.
(c)

Illegal logging and associated trade
(1)

In general
Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of State, in coordination with the heads of relevant Federal agencies, shall submit to appropriate congressional committees a report that identifies countries of the Pacific Islands that are countries of concern with respect to illegal logging and associated trade.
(2)

Elements
The report required by paragraph (1) shall include the following:
(A)
A description of the impact illegal logging and associated trade have had on local communities, good governance, and biodiversity, including an identification of those foreign countries that may be financing or in any other manner supporting illegal logging activities.
(B)
A description of efforts taken by countries identified under paragraph (1) to comply and take appropriate corrective action to mitigate illegal logging, and an evaluation of the progress of those efforts.
(C)
A description of steps taken by the heads of relevant Federal agencies to assist the Pacific Islands in adopting and implementing international measures comparable to those of the United States, such as the Lacey Act, to reduce impacts of illicit logging.
(3)

Appropriate congressional committees defined
In this subsection, the term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Finance of the Senate.
(d)

Illegal, unreported, and unregulated fishing
Section 3553 of the National Defense Authorization Act for Fiscal Year 2020 (16 U.S.C. 8033) is amended—
(1)
in paragraph (7), by striking “and” at the end;
(2)
by redesignating paragraph (8) as paragraph (9); and
(3)
by inserting after paragraph (7) (as amended) the following:
“(8)
an assessment of gaps or limitations in the ability of the United States to effectively assist priority regions and priority flag states relating to IUU fishing due to resource constraints and the additional resources necessary to overcome those constraints; and”.
30299G.

Emergency preparedness initiative for the Pacific Islands
(a)

In general
The Administrator of the United States Agency for International Development shall develop and implement an initiative to assist the Pacific Islands in enhancing their preparedness for and resilience to natural disasters and other emergencies.
(b)

Conduct of program
The program developed under this section shall include—
(1)
education and training programs on natural disaster prevention and preparedness for emergency management professionals in the Pacific Islands, including by leveraging the expertise of nonprofit organizations and institutions of higher education in the United States;
(2)
technical assistance, including through grants and cooperative agreements for qualified United States and local nongovernmental organizations, to enhance early warning systems, emergency management and preparedness procedures, and post-disaster relief and recovery; and
(3)
coordination of existing disaster mitigation and response plans in the region, including by United States allies and partners in the region.
(c)

Report
(1)

In general
Not later than one year after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the program developed under this section.
(2)

Matters to be included
The report required by paragraph (1) shall include—
(A)
an assessment of disaster risks in the Pacific Islands and existing local and regional capacity to respond to such risks;
(B)
a review of existing efforts by United States allies and partners to provide assistance and training for natural disaster preparedness and emergency management; and
(C)
objectives, means of implementation, and measures of success for the initiative.
(3)

Appropriate congressional committees defined
In this subsection, the term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate.
(d)

Authorization of appropriations
There are authorized to be appropriated $40,000,000 for each of the fiscal years 2022 through 2026 to carry out this section.
30299H.

Peace Corps in the Pacific Islands
(a)

Sense of congress
It is the sense of Congress that—
(1)
the presence of the Peace Corps in the Pacific Islands should be expanded and the Peace Corps should reopen its programs in as many of the Pacific Islands as possible, including where it has previously operated but has suspended operations;
(2)
consulting like-minded regional allies and partners, such as Australia, New Zealand, Japan, and Taiwan is crucial for identifying and overcoming challenges for increased Peace Corps presence in the Pacific Islands;
(3)
the Peace Corps, whose mission is to promote world peace and friendship in part by helping the people of interested countries in meeting their need for trained men and women, provides an invaluable opportunity to connect the American people with the people of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and
(4)
the Peace Corps should promptly reopen its programs in the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(b)

Report
Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that includes—
(1)
a comparative analysis of the Peace Corps presence in the Pacific Islands region to other regions of the world, including a cost-benefit analysis of placement in the region versus elsewhere globally;
(2)
analysis of current impediments to Peace Corps expansion in the Pacific Islands region;
(3)
outcomes of consultations among United States agencies, and with regional allies and partners, on areas in which cooperation can reduce factors limiting Peace Corps expansion, particularly those related to medical transportation and personal safety; and
(4)
a plan and timeline for implementing outcomes identified in paragraph (3) to facilitate expansion of Peace Corps presence in the region, where appropriate.
30299I.

Pacific Islands leadership development initiative
(a)

Sense of Congress
It is the sense of Congress that routinized people-to-people exchange programs to bring Pacific Islands religious leaders, journalists, civil society members, politicians, and others to the United States strengthens existing relationships and advances United States interests and shared values in the region.
(b)

In general
The Secretary of State shall develop and implement a program to promote educational and professional development for young adult leaders and professionals in the Pacific Islands with a demonstrated passion to contribute to the continued development of the Pacific Islands.
(c)

Conduct of program
The program developed under this section shall be implemented on a routine basis and may be carried out through—
(1)
grants provided on a competitive basis to qualified organizations with demonstrated expertise relating to the Pacific Islands;
(2)
grants in amounts not to exceed $50,000 provided on a competitive basis to qualified young leaders from the Pacific Islands for the purpose of carrying out projects dedicated to the improvement of their communities in the Pacific Islands;
(3)
regional workshops and professional and academic fellowships; and
(4)
people-to-people exchanges.
(d)

Report
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, shall submit to the appropriate congressional committees a report on exchange programs for the Pacific Islands region.
(2)

Elements
The report required by paragraph (1) shall include—
(A)
an assessment of factors constraining the number and frequency of International Visitor Leadership Program participants from countries of the Pacific Islands;
(B)
an identification of resources that are necessary to address the factors described in subparagraph (A); and
(C)
a strategy for connecting alumni and participants of the Department of State’s professional development exchange programs in East Asia, such as the Young Southeast Asian Leaders Initiative (YSEALI) and the Young Pacific Leaders programs, to enhance inter and intra region people-to-people ties.
(e)

Authorization of appropriations
There are authorized to be appropriated $10,000,000 for each of the fiscal years 2022 through 2026 to carry out this section.
III

Investing in Our Values
30301.

Sense of Congress on the continued violation of rights and freedoms of the people of Hong Kong
(a)

Findings
Congress finds the following:
(1)
Despite international condemnation, the Government of the People’s Republic of China (“PRC”) continues to disregard its international legal obligations under the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong (“Joint Declaration”), in which the PRC committed that—
(A)
Hong Kong would enjoy a high degree of autonomy;
(B)
for at least 50 years the “social and economic systems in Hong Kong” would remain unchanged; and
(C)
the personal rights and freedoms of the people of Hong Kong would be protected by law.
(2)
As part of its continued efforts to undermine the established rights of the Hong Kong people, the PRC National People’s Congress Standing Committee (“Standing Committee”) passed and imposed upon Hong Kong oppressive and intentionally vague national security legislation on June 30, 2020, that grants Beijing sweeping powers to punish acts of “separating the country, subverting state power, and organizing terroristic activities”.
(3)
The legislative process by which the Standing Committee imposed the national security law on Hong Kong bypassed Hong Kong’s local government in a potential violation of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Basic Law”), and involved unusual secrecy, as demonstrated by the fact that the legislation was only the second law since 2008 that the Standing Committee has passed without releasing a draft for public comment.
(4)
On July 30, 2020, election officials of the Hong Kong Special Administrative Region (HKSAR) disqualified twelve pro-democracy candidates from participating in the September 6 Legislative Council elections, which were subsequently postponed for a year until September 5, 2021, by citing the public health risk of holding elections during the COVID–19 pandemic.
(5)
On July 31, 2020, in an attempt to assert extraterritorial jurisdiction, the HKSAR Government announced indictments of and arrest warrants for six Hong Kong activists living overseas, including United States citizen Samuel Chu, for alleged violations of the national security law.
(6)
On November 11, 2020, the HKSAR Government removed four lawmakers from office for allegedly violating the law after the Standing Committee passed additional legislation barring those who promoted or supported Hong Kong independence and refused to acknowledge PRC sovereignty over Hong Kong, or otherwise violates the national security law, from running for or serving in the Legislative Council.
(7)
On December 2, 2020, pro-democracy activists Joshua Wong, Agnes Chow, and Ivan Lam were sentenced to prison for participating in 2019 protests.
(8)
Ten of the twelve Hong Kong residents (also known as “the Hong Kong 12”) who sought to flee by boat from Hong Kong to Taiwan on August 23, 2020, were taken to mainland China and sentenced on December 30, 2020, to prison terms ranging from seven months to three years for illegal border crossing.
(9)
On December 31, 2020, Hong Kong’s highest court revoked bail for Jimmy Lai Chee-Ying, a pro-democracy figure and publisher, who was charged on December 12 with colluding with foreign forces and endangering national security under the national security legislation.
(10)
On January 4, 2021, the Departments of Justice in Henan and Sichuan province threatened to revoke the licenses of two lawyers hired to help the Hong Kong 12.
(11)
On January 5, 2021, the Hong Kong Police Force arrested more than fifty opposition figures, including pro-democracy officials, activists, and an American lawyer, for their involvement in an informal July 2020 primary to select candidates for the general election originally scheduled for September 2020, despite other political parties having held similar primaries without retribution.
(12)
On April 22, 2021, a Hong Kong court convicted Choy Yuk-ling, a video producer with Radio Television Hong Kong, in relation to her investigative reporting on the Hong Kong police.
(13)
On June 24, 2021, Apple Daily, Hong Kong’s only surviving pro-democracy newspaper, published its final edition following months of intimidation and repression by the HKSAR Government, including through the arrest of its senior editors, police raids on its offices, and the freezing of its financial assets.
(b)

Statement of Congress
Congress—
(1)
condemns the actions taken by the Government of the People’s Republic of China (“PRC”) and the Government of the Hong Kong Special Administrative Region (“HKSAR”), including the adoption and implementation of national security legislation for Hong Kong through irregular procedures, that violate the rights and freedoms of the people of Hong Kong that are guaranteed by the Joint Declaration and its implementing document, the Basic Law;
(2)
reaffirms its support for the people of Hong Kong, who face grave threats to their rights and freedoms;
(3)
calls on the Governments of the PRC and HKSAR to—
(A)
respect and uphold—
(i)
commitments made to the international community and the people of Hong Kong under the Joint Declaration; and
(ii)
the judicial independence of the Hong Kong legal system; and
(B)
release pro-democracy activists and politicians arrested under the national security law; and
(4)
encourages the President, the Secretary of State, and the Secretary of the Treasury to coordinate with allies and partners and continue United States efforts to respond to developments in Hong Kong, including by—
(A)
providing protection for Hong Kong residents who fear persecution;
(B)
supporting those who may seek to file a case before the International Court of Justice to hold the Government of the PRC accountable for violating its binding legal commitments under the Joint Declaration;
(C)
encouraging allies and partner countries to instruct, as appropriate, their respective representatives to the United Nations to use their voice, vote, and influence to press for the appointment of a United Nations special mandate holder to monitor and report on human rights developments in Hong Kong;
(D)
ensuring the private sector, particularly United States companies with economic interests in Hong Kong, is aware of risks the national security legislation poses to the security of United States citizens and to the medium and long-term interest of United States businesses in Hong Kong;
(E)
continuing to implement sanctions authorities, especially authorities recently enacted to address actions undermining the rights and freedoms of the Hong Kong people, such as the Hong Kong Autonomy Act (Public Law 116–149) and the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76), with respect to officials of the Chinese Communist Party, the Government of the PRC, or the Government of the HKSAR who are responsible for undermining such rights and freedoms; and
(F)
coordinating with allies and partners to ensure that such implementation of sanctions is multilateral.
30302.

Authorization of appropriations for promotion of democracy in Hong Kong
(a)

Authorization of appropriations
There is authorized to be appropriated $10,000,000 for fiscal year 2022 for the Bureau of Democracy, Human Rights, and Labor of the Department of State to promote democracy in Hong Kong.
(b)

Administration
The Secretary of State shall designate an office with the Department of State to administer and coordinate the provision of such funds described in subsection (a) within the Department of State and across the United States Government.
30303.

Hong Kong people’s freedom and choice
(a)

Definitions
For purposes of this section:
(1)

Joint declaration
The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, signed on December 19, 1984, and entered into force on May 27, 1985.
(2)

Priority Hong Kong resident
The term Priority Hong Kong resident means—
(A)
a permanent resident of Hong Kong who—
(i)
holds no right to citizenship in any country or jurisdiction other than the People’s Republic of China (referred to in this section as the “PRC”), Hong Kong, or Macau as of the date of enactment of this Act;
(ii)
has resided in Hong Kong for not less than the last ten years as of the date of enactment of this Act; and
(iii)
has been designated by the Secretary of State or Secretary of Homeland Security as having met the requirements of this subparagraph, in accordance with the procedures described in subsection (f) of this section; or
(B)
the spouse of a person described in subparagraph (A), or the child of such person as such term is defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)), except that a child shall be an unmarried person under twenty-seven years of age.
(3)

Hong kong national security law
The term Hong Kong National Security Law means the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region that was passed unanimously by the National People’s Congress and signed by President Xi Jinping on June 30, 2020, and promulgated in the Hong Kong Special Administrative Region (referred to in this section as “Hong Kong SAR”) on July 1, 2020.
(4)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
(b)

Findings
Congress finds the following:
(1)
The Hong Kong National Security Law promulgated on July 1, 2020—
(A)
contravenes the Basic Law of the Hong Kong Special Administrative Region (referred to in this Act as “the Basic Law”) that provides in Article 23 that the Legislative Council of Hong Kong shall enact legislation related to national security;
(B)
violates the PRC’s commitments under international law, as defined by the Joint Declaration; and
(C)
causes severe and irreparable damage to the “one country, two systems” principle and further erodes global confidence in the PRC’s commitment to international law.
(2)
On July 14, 2020, in response to the promulgation of the Hong Kong National Security Law, President Trump signed an Executive order on Hong Kong normalization that, among other policy actions, suspended the special treatment of Hong Kong persons under U.S. law with respect to the issuance of immigrant and nonimmigrant visas.
(3)
The United States has a long and proud history as a destination for refugees and asylees fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
(4)
The United States also shares deep social, cultural, and economic ties with the people of Hong Kong, including a shared commitment to democracy, to the rule of law, and to the protection of human rights.
(5)
The United States has sheltered, protected, and welcomed individuals who have fled authoritarian regimes, including citizens from the PRC following the violent June 4, 1989, crackdown in Tiananmen Square, deepening ties between the people of the United States and those individuals seeking to contribute to a free, open society founded on democracy, human rights, and the respect for the rule of law.
(6)
The United States has reaped enormous economic, cultural, and strategic benefits from welcoming successive generations of scientists, doctors, entrepreneurs, artists, intellectuals, and other freedom-loving people fleeing fascism, communism, violent Islamist extremism, and other repressive ideologies, including in the cases of Nazi Germany, the Soviet Union, and Soviet-controlled Central Europe, Cuba, Vietnam, and Iran.
(7)
A major asymmetric advantage of the United States in its long-term strategic competition with the Communist Party of China is the ability of people from every country in the world, irrespective of their race, ethnicity, or religion, to immigrate to the United States and become American citizens.
(c)

Statement of policy
It is the policy of the United States—
(1)
to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992 (Public Law 102–383), specifically that—
(A)
the United States has “a strong interest in the continued vitality, prosperity, and stability of Hong Kong”;
(B)
“support for democratization is a fundamental principle of United States foreign policy”, and therefore “naturally applies to United States policy toward Hong Kong”;
(C)
“the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong and serve as a basis for Hong Kong’s continued economic prosperity”; and
(D)
Hong Kong must remain sufficiently autonomous from the PRC to “justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People’s Republic of China”;
(2)
to continue to support the high degree of autonomy and fundamental rights and freedoms of the people of Hong Kong, as enumerated by—
(A)
the Joint Declaration;
(B)
the International Covenant on Civil and Political Rights, done at New York, December 19, 1966; and
(C)
the Universal Declaration of Human Rights, done at Paris, December 10, 1948;
(3)
to continue to support the democratic aspirations of the people of Hong Kong, including the “ultimate aim” of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage, as articulated in the Basic Law;
(4)
to urge the Government of the PRC, despite its recent actions, to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to govern Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage;
(5)
to support the establishment of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment of open and direct democratic elections for all members of the Hong Kong Legislative Council;
(6)
to support the robust exercise by residents of Hong Kong of the rights to free speech, the press, and other fundamental freedoms, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights;
(7)
to support freedom from arbitrary or unlawful arrest, detention, or imprisonment for all Hong Kong residents, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights;
(8)
to draw international attention to any violations by the Government of the PRC of the fundamental rights of the people of Hong Kong, as provided by the International Covenant on Civil and Political Rights, and any encroachment upon the autonomy guaranteed to Hong Kong by the Basic Law and the Joint Declaration;
(9)
to protect United States citizens and long-term permanent residents living in Hong Kong, as well as people visiting and transiting through Hong Kong;
(10)
to maintain the economic and cultural ties that provide significant benefits to both the United States and Hong Kong, including the reinstatement of the Fulbright exchange program with regard to Hong Kong at the earliest opportunity;
(11)
to coordinate with allies, including the United Kingdom, Australia, Canada, Japan, and the Republic of Korea, to promote democracy and human rights in Hong Kong; and
(12)
to welcome and protect in the United States residents of Hong Kong fleeing persecution or otherwise seeking a safe haven from violations by the Government of the PRC of the fundamental rights of the people of Hong Kong.
(d)

Temporary protected status for Hong Kong residents in the United States
(1)

Designation
(A)

In general
For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Hong Kong shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section.
(B)

Period of designation
The initial period of the designation referred to in subparagraph (A) shall be for the 18-month period beginning on the date of enactment of this Act.
(2)

Aliens eligible
As a result of the designation made under subsection (a), an alien is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to paragraph (3) of such section, if the alien—
(A)
was a permanent resident of Hong Kong at the time such individual arrived into the United States and is a national of the PRC (or in the case of an individual having no nationality, is a person who last habitually resided in Hong Kong);
(B)
has been continuously physically present in the United States since the date of the enactment of this Act;
(C)
is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section, and is not ineligible for temporary protected status under paragraph (2)(B) of such section; and
(D)
registers for temporary protected status in a manner established by the Secretary of Homeland Security.
(3)

Consent to travel abroad
(A)

In general
The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under paragraph (1) if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad.
(B)

Treatment upon return
An alien returning to the United States in accordance with an authorization described in subparagraph (A) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).
(e)

Treatment of Hong Kong residents for immigration purposes
Notwithstanding any other provision of law, during the five fiscal year period beginning on the first day of the first full fiscal year after the date of enactment of this Act, Hong Kong shall continue to be considered a foreign state separate and apart from the PRC as mandated under section 103 of the Immigration and Nationality Act of 1990 (Public Law 101–649) for purposes of the numerical limitations on immigrant visas under sections 201, 202, and 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(f)

Verification of priority hong kong residents
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall publish in the Federal Register, an interim final rule establishing procedures for designation of Priority Hong Kong Residents. Notwithstanding section 553 of title 5, United States Code, the rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Secretary of State shall finalize such rule not later than one year after the date of the enactment of this Act. Such rule shall establish procedures—
(A)
for individuals to register with any United States embassy or consulate outside of the United States, or with the Department of Homeland Security in the United States, and request designation as a Priority Hong Kong Resident; and
(B)
for the appropriate Secretary to verify the residency of registered individuals and designate those who qualify as Priority Hong Kong Residents.
(2)

Documentation
The procedures described in paragraph (1) shall include the collection of—
(A)
biometric data;
(B)
copies of birth certificates, residency cards, and other documentation establishing residency; and
(C)
other personal information, data, and records deemed appropriate by the Secretary.
(3)

Guidance
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue guidance outlining actions to enhance the ability of the Secretary to efficiently send and receive information to and from the United Kingdom and other like-minded allies and partners for purposes of rapid verification of permanent residency in Hong Kong and designation of individuals as Priority Hong Kong Residents.
(4)

Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report detailing plans to implement the requirements described in this subsection.
(5)

Protection for refugees
Nothing in this section may be construed to prevent a Priority Hong Kong Resident from seeking refugee status under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or requesting asylum under section 208 of such Act (8 U.S.C. 1158).
(g)

Reporting requirements
(1)

In general
On an annual basis, the Secretary of State and the Secretary of Homeland Security, in consultation with other Federal agencies, as appropriate, shall submit to the appropriate congressional committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report detailing for the previous fiscal year—
(A)
the number of Hong Kong SAR residents who have applied for United States visas or immigration benefits, disaggregated by visa type or immigration benefit, including asylum, refugee status, temporary protected status, and lawful permanent residence;
(B)
the number of approvals, denials, or rejections of applicants for visas or immigration benefits described in subparagraph (A), disaggregated by visa type or immigration benefit and basis for denial;
(C)
the number of pending refugee and asylum applications for Hong Kong SAR residents, and the length of time and reason for which such applications have been pending; and
(D)
other matters determined relevant by the Secretaries relating to efforts to protect and facilitate the resettlement of refugees and victims of persecution in Hong Kong.
(2)

Form
Each report under paragraph (1) shall be submitted in unclassified form and published on a text-searchable, publicly available website of the Department of State and the Department of Homeland Security.
(h)

Strategy for international cooperation on Hong Kong
(1)

In general
It is the policy of the United States—
(A)
to support the people of Hong Kong by providing safe haven to Hong Kong SAR residents who are nationals of the PRC following the enactment of the Hong Kong National Security Law that places certain Hong Kong persons at risk of persecution; and
(B)
to encourage like-minded nations to make similar accommodations for Hong Kong people fleeing persecution by the Government of the PRC.
(2)

Plan
The Secretary of State, in consultation with the heads of other Federal agencies, as appropriate, shall develop a plan to engage with other countries, including the United Kingdom, on cooperative efforts to—
(A)
provide refugee and asylum protections for victims of, and individuals with a fear of, persecution in Hong Kong, either by Hong Kong authorities or other authorities acting on behalf of the PRC;
(B)
enhance protocols to facilitate the resettlement of refugees and displaced persons from Hong Kong;
(C)
identify and prevent the exploitation of immigration and visa policies and procedures by corrupt officials; and
(D)
expedite the sharing of information, as appropriate, related to the refusal of individual applications for visas or other travel documents submitted by residents of the Hong Kong SAR based on—
(i)
national security or related grounds under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)); or
(ii)
fraud or misrepresentation under section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)).
(3)

Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal agencies, as appropriate, shall submit to the appropriate congressional committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report on the plan described in paragraph (2).
(i)

Refugee status for certain residents of Hong Kong
(1)

In general
Aliens described in paragraph (2) may establish, for purposes of admission as a refugee under sections 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or asylum under section 208 of such Act (8 U.S.C. 1158), that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and a credible basis for concern about the possibility of such persecution.
(2)

Aliens described
(A)

In general
An alien is described in this subsection if such alien—
(i)
is a Priority Hong Kong Resident and—
(I)
had a significant role in a civil society organization supportive of the protests in 2019 and 2020 related to the Hong Kong National Security Law and the encroachment on the autonomy of Hong Kong by the PRC;
(II)
was arrested, charged, detained, or convicted of an offense arising from their participation in an action as described in section 206(b)(2) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5726(b)(2)) that was not violent in nature; or
(III)
has had their citizenship, nationality, or residency revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)));
(ii)
is a Priority Hong Kong Resident spouse or child of an alien described in clause (i); or
(iii)
is the parent of an alien described in clause (i), if such parent is a citizen of the PRC and no other foreign state.
(B)

Other categories
The Secretary of Homeland Security, in consultation with the Secretary of State, may designate other categories of aliens for purposes of establishing a well-founded fear of persecution under paragraph (1) if such aliens share common characteristics that identify them as targets of persecution in the PRC on account of race, religion, nationality, membership in a particular social group, or political opinion.
(C)

Significant role
For purposes of subclause (I) of paragraph (2)(A)(i), a significant role shall include, with respect to the protests described in such clause—
(i)
an organizing role;
(ii)
a first aid responder;
(iii)
a journalist or member of the media covering or offering public commentary;
(iv)
a provider of legal services to one or more individuals arrested for participating in such protests; or
(v)
a participant who during the period beginning on June 9, 2019, and ending on June 30, 2020, was arrested, charged, detained, or convicted as a result of such participation.
(3)

Age out protections
For purposes of this subsection, a determination of whether an alien is a child shall be made using the age of the alien on the date an application for refugee or asylum status in which the alien is a named beneficiary is filed with the Secretary of Homeland Security.
(4)

Exclusion from numerical limitations
Aliens provided refugee status under this subsection shall not be counted against the numerical limitation on refugees established in accordance with the procedures described in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157).
(5)

Reporting requirements
(A)

In general
Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security shall submit to the appropriate congressional committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report on the matters described in subparagraph (B).
(B)

Matters to be included
Each report required by subparagraph (A) shall include, with respect to applications submitted under this section—
(i)
the total number of refugee and asylum applications that are pending at the end of the reporting period;
(ii)
the average wait-times for all applicants for refugee status or asylum pending—
(I)
a prescreening interview with a resettlement support center;
(II)
an interview with United States Citizenship and Immigration Services; and
(III)
the completion of security checks;
(iii)
the number of approvals, referrals including the source of the referral, denials of applications for refugee status or asylum, disaggregated by the reason for each such denial; and
(iv)
the number of refugee circuit rides to interview populations that would include Hong Kong SAR completed in the last 90 days, and the number planned for the subsequent 90-day period.
(C)

Form
Each report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(D)

Public reports
The Secretary of State shall make each report submitted under this paragraph available to the public on the internet website of the Department of State.
(j)

Admission for certain highly skilled Hong Kong residents
(1)

In general
Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—
(A)
or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B)
is otherwise eligible to receive an immigrant visa;
(C)
is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. (a)(4))); and
(D)
clears a background check and appropriate screening, as determined by the Secretary of Homeland Security.
(2)

Aliens described
(A)

Principal aliens
An alien is described in this subsection if—
(i)
the alien—
(I)
is a Priority Hong Kong Resident; and
(II)
has earned a bachelor’s or higher degree from an institution of higher education; and
(ii)
the Secretary of Homeland Security determines that such alien’s relocation to the United States would provide a significant benefit to the United States.
(B)

Spouses and children
An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1).
(3)

Numerical limitations
(A)

In general
The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the five fiscal years beginning after the date of the enactment of this Act. The Secretary of Homeland Security may, in consultation with the Secretary of State, prioritize the issuance of visas to individuals with a bachelor’s or higher degree in science, technology, engineering, mathematics, medicine, or health care.
(B)

Exclusion from numerical limitations
Aliens provided immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, 1153, and 1157).
(4)

Eligibility for admission under other classification
No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification.
(5)

Timeline for processing applications
(A)

In general
The Secretary of State and the Secretary of Homeland Security shall ensure that all steps under the control of the United States Government incidental to the approval of such applications, including required screenings and background checks, are completed not later than one year after the date on which an eligible applicant submits an application under subsection (a).
(B)

Exception
Notwithstanding paragraph (1), the relevant Federal agencies may take additional time to process applications described in paragraph (1) if satisfaction of national security concerns requires such additional time, provided that the Secretary of Homeland Security, or the designee of the Secretary, has determined that the applicant meets the requirements for status as a special immigrant under this section and has so notified the applicant.
(k)

Termination
Except as provided in section 30300(f) of this Act, this section shall cease to have effect on the date that is five years after the date of the enactment of this Act.
30304.

Export prohibition of munitions items to the Hong Kong police force
Section 3 of the Act entitled “An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force”, approved November 27, 2019 (Public Law 116–77; 133 Stat. 1173), is amended by striking “on December 31, 2021.” and inserting the following: “on the date on which the President certifies to the appropriate congressional committees that—
“(1)
the Secretary of State has, on or after the date of the enactment of this paragraph, certified under section 205 of the United States-Hong Kong Policy Act of 1992 that Hong Kong warrants treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997;
(2)
the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and
(3)
there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns.”.
30305.

Sense of Congress on treatment of Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region
(a)

Findings
Congress makes the following findings:
(1)
The Uyghurs are one of several predominantly Muslim Turkic groups living in the Xinjiang Uyghur Autonomous Region (XUAR) in the northwest of the People’s Republic of China (PRC).
(2)
Following Uyghur demonstrations and unrest in 2009 and clashes with government security personnel and other violent incidents in subsequent years, PRC leaders sought to “stabilize” the XUAR through large-scale arrests and extreme security measures, under the pretext of combatting alleged terrorism, religious extremism, and ethnic separatism.
(3)
In May 2014, the PRC launched its “Strike Hard Against Violent Extremism” campaign, which placed further restrictions on and facilitated additional human rights violations against minorities in the XUAR under the pretext of fighting terrorism.
(4)
In August 2016, Chinese Communist Party (CCP) Politburo member Chen Quanguo, former Tibet Autonomous Region (TAR) Party Secretary, known for overseeing intensifying security operations and human rights abuses in the TAR, was appointed as Party Secretary of the XUAR.
(5)
Beginning in 2017, XUAR authorities have sought to forcibly “assimilate” Uyghurs and other Turkic minorities into Chinese society through a policy of cultural erasure known as “Sinicization”.
(6)
Since 2018, credible reporting including from the BBC, France24, and the New York Times has shown that the Government of the PRC has built mass internment camps in the XUAR, which it calls “vocational training” centers, and detained Uyghurs and other groups in them and other facilities.
(7)
Since 2015, XUAR authorities have arbitrarily detained an estimated 1,500,000 Uyghurs—12.5 percent of the XUAR’s official Uyghur population of 12,000,000—and a smaller number of other ethnic minorities in the “vocational training” centers and other detention and pre-detention facilities.
(8)
In 2017, the XUAR accounted for less than two percent of the PRC’s total population but 21 percent of all arrests in China.
(9)
The Atlantic, Radio Free Asia, and other sources have revealed that detainees are forced to renounce many of their Islamic beliefs and customs and repudiate Uyghur culture, language, and identity.
(10)
Investigations by Human Rights Watch and other human rights organizations have documented how detainees are subject to political indoctrination, forced labor, crowded and unsanitary conditions, involuntary biometric data collection, both medical neglect and intrusive medical interventions, food and water deprivation, beatings, sexual violence, and torture.
(11)
Research by the Australian Strategic Policy Institute suggests that, since late 2019, many detainees have been placed in higher security facilities and convicted of formal crimes.
(12)
Human Rights Watch has reported that the PRC uses data collection programs, including facial recognition technology, to surveil Uyghurs in the XUAR and to identify individuals whom authorities may detain.
(13)
PRC authorities have placed countless children whose parents are detained or in exile in state-run institutions and boarding schools without the consent of their parents.
(14)
New York Times reporting revealed that numerous local PRC officials who did not agree with the policies carried out in XUAR have been fired and imprisoned.
(15)
Associated Press reporting documented widespread and systemic efforts by PRC authorities to force Uyghur women to take contraceptives or to subject them to sterilization or abortion, threatening to detain those who do not comply.
(16)
PRC authorities prohibit family members and advocates inside and outside China from having regular communications with relatives and friends imprisoned in the XUAR, such as journalist and entrepreneur Ekpar Asat.
(17)
PRC authorities have imposed pervasive restrictions on the peaceful practice of Islam in the XUAR, to the extent that Human Rights Watch asserts the PRC “has effectively outlawed the practice of Islam”.
(18)
Individuals who are not detained in camps have been forced to attend political indoctrination sessions, subjected to movement restrictions, mass surveillance systems, involuntary biometric data collection, and other human rights abuses.
(19)
International media, nongovernmental organizations, scholars, families, and survivors have reported on the systemic nature of many of these abuses.
(20)
On June 26, 2020, a group of 50 independent United Nations experts jointly expressed alarm over China’s deteriorating human rights record, including its repression in Xinjiang, and called on the international community “to act collectively and decisively to ensure China respects human rights and abides by its international obligations”.
(21)
On October 6, 2020, 39 United Nations member countries issued a public statement condemning human rights violations by PRC authorities and calling on the PRC to allow the United Nations High Commissioner for Human Rights unfettered access to Xinjiang.
(22)
The United States Congress passed the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145).
(23)
The United States Congress passed the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note), which has been used to sanction PRC officials and entities for their activities in the XUAR.
(24)
The United States Government has implemented additional targeted restrictions on trade with Xinjiang and imposed visa and economic sanctions on PRC officials and entities for their activities in the XUAR.
(25)
The United States Government has documented human rights abuses and violations of individual freedoms in the XUAR, including in the 2019 Department of State Report on International Religious Freedom.
(26)
On January 19, 2021, during his confirmation hearing, Secretary of State Antony Blinken testified that “forcing men, women, and children into concentration camps, trying to in effect reeducate them to be adherents to the Chinese Communist Party—all of that speaks to an effort to commit genocide”.
(27)
On January 19, 2021, Secretary of the Treasury Janet L. Yellen, during her confirmation hearing, publicly stated that China is guilty of “horrendous human rights abuses”.
(28)
On January 27, 2021, in response to a question from the press regarding the Uyghurs, Secretary Blinken stated that his “judgement remains that genocide was committed against the Uyghurs”.
(29)
On March 10, 2021, in response to a question on Xinjiang during his testimony before the Committee on Foreign Affairs of the House of Representatives, Secretary Blinken reiterated, “We’ve been clear, and I’ve been clear, that I see it as genocide, other egregious abuses of human rights, and we’ll continue to make that clear.”.
(30)
The 2020 Department of State Country Reports on Human Rights Practices: China states that “[g]enocide and crimes against humanity occurred during the year against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang”.
(b)

Sense of congress
It is the sense of Congress that—
(1)
the atrocities committed by the PRC against Uyghurs and other predominantly Muslim Turkic groups in Xinjiang, including forced labor, sexual violence, the internment of over 1,000,000 individuals, and other horrific abuses must be condemned;
(2)
the President, the Secretary of State, and the United States Ambassador to the United Nations should speak publicly about the ongoing human rights abuses in the XUAR, including in formal speeches at the United Nations and other international fora;
(3)
the President, the Secretary of State, and the United States Ambassador to the United Nations should appeal to the United Nations Secretary-General to take a more proactive and public stance on the situation in the XUAR, including by supporting calls for an investigation and accountability for individuals and entities involved in abuses against the people of the XUAR;
(4)
the United States should continue to use targeted sanctions and all diplomatic tools available to hold those responsible for the atrocities in Xinjiang to account;
(5)
United States agencies engaged with China on trade, climate, defense, or other bilateral issues should include human rights abuses in the XUAR as a consideration in developing United States policy;
(6)
the United States supports Radio Free Asia Uyghur, the only Uyghur-language news service in the world independent of Chinese government influence; and
(7)
the United States recognizes the repeated requests from the United Nations High Commissioner for Human Rights for unfettered access to the XUAR and the PRC’s refusal to comply, and therefore—
(A)
PRC authorities must allow unfettered access by the United Nations Office of the High Commissioner for Human Rights to the XUAR;
(B)
the United States should urge collaborative action between the United States Government and international partners to pressure PRC authorities to allow unfettered access to the XUAR;
(C)
the President, the Secretary of State, and the United States Ambassador to the United Nations should simultaneously outline a strategy to investigate the human rights abuses and crimes that have taken place in the XUAR, collect evidence, and transfer the evidence to a competent court; and
(D)
United States partners and allies should undertake similar strategies in an effort to build an international investigation outside of the PRC if PRC authorities do not comply with a United Nations investigation in the XUAR.
30306.

Uyghur human rights protection
(a)

Short title
This section may be cited as the “Uyghur Human Rights Protection Act”.
(b)

Findings
Congress makes the following findings:
(1)
The Government of the People’s Republic of China (PRC) has a long history of repressing Turkic Muslims and other Muslim minority groups, particularly Uyghurs, in the Xinjiang Uyghur Autonomous Region (commonly referred to as “Xinjiang” or “XUAR”), also known as East Turkestan. Central and regional PRC government policies have systematically discriminated against these minority groups by denying them a range of civil and political rights, particularly freedom of religion. Senior Chinese Communist Party (CCP) officials bear direct responsibility for these gross human rights violations.
(2)
PRC government abuses include the arbitrary detention of more than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups, separation of working age adults from their children and elderly parents, and the integration of forced labor into supply chains. Those held in detention facilities and internment camps in the XUAR have described forced political indoctrination, torture, beatings, food deprivation, sexual assault, coordinated campaigns to reduce birth rates among Uyghurs and other Turkic Muslims through forced sterilization, and denial of religious, cultural, and linguistic freedoms. Recent media reports indicate that since 2019, the PRC government has newly constructed, expanded, or fortified at least 60 detention facilities with higher security or prison-like features in Xinjiang.
(3)
The PRC government’s actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups in the XUAR violate international human rights laws and norms, including—
(A)
the International Convention on the Elimination of All Forms of Racial Discrimination, to which the PRC has acceded;
(B)
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the PRC has signed and ratified;
(C)
the Convention on the Prevention and Punishment of the Crime of Genocide, which the PRC has signed and ratified;
(D)
the International Covenant on Civil and Political Rights, which the PRC has signed; and
(E)
the Universal Declaration of Human Rights and the International Labor Organization’s Force Labor Convention (no. 29) and the Abolition of Forced Labor Convention (no. 105).
(c)

Refugee protections for certain residents of the XUAR
(1)

Populations of special humanitarian concern
The Secretary of State, in consultation with the Secretary of Homeland Security, shall designate, as Priority 2 refugees of special humanitarian concern—
(A)
aliens who were nationals of the PRC and residents of the XUAR on January 1, 2021;
(B)
aliens who fled the XUAR after June 30, 2009, and reside in other provinces of the PRC or in a third country where such alien is not firmly resettled; and
(C)
the spouses, children, and parents (as such terms are defined in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) of individuals described in subparagraphs (A) and (B), except that a child shall be an unmarried person under 27 years of age.
(2)

Processing of XUAR refugees
The processing of individuals described in paragraph (1) for classification as refugees may occur in the PRC or a third country.
(3)

Eligibility for admission as a refugee
(A)

In general
Aliens described in subparagraph (B) may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or asylum under section 208 of such Act (8 U.S.C. 1158), that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution.
(B)

Aliens described
An alien is described in this subsection if such alien has been identified as a person of special humanitarian concern pursuant to paragraph (1) and—
(i)
has experienced persecution in the XUAR by the PRC government, including—
(I)
forced and arbitrary detention including in an internment or re-education camp;
(II)
forced political indoctrination, torture, beatings, food deprivation, and denial of religious, cultural, and linguistic freedoms;
(III)
forced labor;
(IV)
forced separation from family members;
(V)
other forms of systemic threats, harassment, and gross human rights violations; or
(VI)
has been formally charged, detained, or convicted on account of their peaceful actions as described in the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145);
(ii)
is currently a national of the PRC whose residency in the XUAR, or any other area within the jurisdiction of the PRC, was revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under United States law.
(C)

Eligibility for admission under other classification
An alien may not be denied the opportunity to apply for admission as a refugee or asylum under this section solely because such alien qualifies as an immediate relative of a national of the United States or is eligible for admission to the United States under any other immigrant classification.
(4)

Priority
The Secretary of State shall prioritize bilateral diplomacy with third countries hosting former residents of the XUAR and who face significant diplomatic pressures from the PRC government.
(5)

Reporting requirements
(A)

In general
Not later than 180 days after the date of the enactment of this Act and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security shall submit to the appropriate congressional committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report on the matters described in subparagraph (B).
(B)

Matters to be included
Each report required by subparagraph (A) shall include, with respect to applications submitted under this section—
(i)
the total number of applications that are pending at the end of the reporting period;
(ii)
the average wait-times and number of applicants who are currently pending—
(I)
a pre-screening interview with a resettlement support center;
(II)
an interview with United States Citizenship and Immigration Services;
(III)
the completion of security checks;
(IV)
receipt of a final decision after completion of an interview with United States Citizenship and Immigration Services; and
(iii)
the number of denials of applications for refugee status, disaggregated by the reason for each such denial.
(C)

Form
Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(D)

Public reports
The Secretary of State shall make each report submitted under this subsection available to the public on the internet website of the Department of State.
(6)

Exemption from numerical limitations
The numerical limitations established in accordance with section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) in any fiscal year shall not apply to aliens seeking refugee status pursuant to such section who are nationals of the PRC and residents of the XUAR.
(d)

Statement of policy on encouraging allies and partners to make similar accommodations
It is the policy of the United States to encourage United States allies and partners to make accommodations similar to the accommodations made in this section for residents of the XUAR who are fleeing oppression by the PRC Government.
(e)

Termination
This section shall terminate on the date that is ten years after the date of the enactment of this Act.
30307.

Removal of members of the United Nations Human Rights Council that commit human rights abuses
The President shall direct the Permanent Representative of the United States to the United Nations to use the voice, vote, and influence of the United States to—
(1)
reform the process for removing Member States of the United Nations Human Rights Council that commit gross and systemic violations of human rights, including—
(A)
lowering the threshold vote at the United Nations General Assembly for removal to a simple majority;
(B)
ensuring information detailing the Member State’s human rights record is publicly available before the vote on removal; and
(C)
making the vote of each country on the removal from the United Nations Human Rights Council publicly available;
(2)
remove Israel as a permanent agenda item and to bring an end to the “Commission of Inquiry” to investigate the State of Israel;
(3)
reform the rules on electing members to the United Nations Human Rights Council to ensure United Nations Member States that have committed gross and systemic violations of human rights are not elected to the Human Rights Council; and
(4)
oppose the election to the United Nations Human Rights Council of any United Nations Member State—
(A)
currently designated as a country engaged in a consistent pattern of gross violations of internationally recognized human rights pursuant to section 116 or section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n or 2304);
(B)
the government of which the Secretary of State currently determines has repeatedly provided support for international terrorism pursuant to—
(i)
section 1754(c) of the National Defense Authorization Act for Fiscal Year 2019;
(ii)
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
(iii)
section 40 of the Arms Export Control Act (22 U.S.C. 2779A); or
(iv)
any other provision of law;
(C)
currently designated as a Tier 3 country under the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
(D)
the government of which is identified on the list published by the Secretary of State pursuant to section 404(b) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1(b)) as a government that recruits and uses child soldiers; or
(E)
the government of which the United States determines to have committed genocide or crimes against humanity.
30308.

Policy with respect to Tibet
(a)

Rank of United States Special Coordinator for Tibetan Issues
Section 621 of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is amended—
(1)
by redesignating subsections (b), (c), (d), and (e), as subsections (c), (d), (e), and (f), respectively; and
(2)
by inserting after subsection (a) the following new subsection:
“(b)

Rank
The Special Coordinator shall either be appointed by the President, with the advice and consent of the Senate, or shall be an individual holding the rank of Under Secretary of State or higher.”.
(b)

Tibet Unit at United States Embassy in Beijing
(1)

In general
The Secretary of State shall establish a Tibet Unit in the Political Section of the United States Embassy in Beijing, People’s Republic of China (PRC).
(2)

Operation
The Tibet Unit established under paragraph (1) shall operate until such time as the Government of the PRC permits—
(A)
the United States Consulate General in Chengdu, PRC, to reopen; or
(B)
a United States Consulate General in Lhasa, Tibet, to open.
(3)

Staff
(A)

In general
The Secretary shall—
(i)
assign not fewer than two United States direct-hire personnel to the Tibet Unit established under paragraph (1); and
(ii)
hire not fewer than one locally engaged staff member for such unit.
(B)

Language training
The Secretary shall make Tibetan language training available to the personnel assigned under subparagraph (A), consistent with the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note).
30309.

United States policy and international engagement on the succession or reincarnation of the Dalai Lama and religious freedom of Tibetan Buddhists
(a)

Reaffirmation of policy
It is the policy of the United States, as provided under section 342(b) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), that any “interference by the Government of the People’s Republic of China or any other government in the process of recognizing a successor or reincarnation of the 14th Dalai Lama and any future Dalai Lamas would represent a clear abuse of the right to religious freedom of Tibetan Buddhists and the Tibetan people”.
(b)

International efforts to protect religious freedom of Tibetan Buddhists
The Secretary of State should engage with United States allies and partners to—
(1)
support Tibetan Buddhist religious leaders’ sole religious authority to identify and install the 15th Dalai Lama;
(2)
oppose claims by the Government of the People’s Republic of China (PRC) that the PRC has the authority to decide for Tibetan Buddhists the 15th Dalai Lama; and
(3)
reject interference by the Government of the PRC in the religious freedom of Tibetan Buddhists.
30310.

Development and deployment of internet freedom and Great Firewall circumvention tools for the people of Hong Kong
(a)

Findings
Congress makes the following findings:
(1)
The People’s Republic of China (PRC) has repeatedly violated its obligations under the Joint Declaration by suppressing the basic rights and freedoms of the people of Hong Kong.
(2)
On June 30, 2020, the National People’s Congress passed a “National Security Law” that further erodes Hong Kong’s autonomy and enables authorities to suppress dissent.
(3)
The Government of the PRC continues to utilize the National Security Law to undermine the fundamental rights of the Hong Kong people through suppression of the freedom of speech, assembly, religion, and the press.
(4)
Article 9 of the National Security Law authorizes unprecedented regulation and supervision of internet activity in Hong Kong, including expanded police powers to force internet service providers to censor content, hand over user information, and block access to platforms.
(5)
On January 13, 2021, the Hong Kong Broadband Network blocked public access to HK Chronicles, a website promoting pro-democracy viewpoints, under the authorities of the National Security Law.
(6)
On February 12, 2021, internet service providers blocked access to the Taiwan Transitional Justice Commission website in Hong Kong.
(7)
Major tech companies, including Facebook, Twitter, WhatsApp and Google, have stopped reviewing requests for user data from Hong Kong authorities.
(8)
On February 28, 2021, 47 pro-democracy activists in Hong Kong were arrested and charged under the National Security Law on the charge of “conspiracy to commit subversion”.
(b)

Sense of Congress
It is the sense of Congress that the United States should—
(1)
support the ability of the people of Hong Kong to maintain their freedom to access information online; and
(2)
focus on investments in technologies that facilitate the unhindered exchange of information in Hong Kong in advance of any future efforts by the Chinese Communist Party—
(A)
to suppress internet access;
(B)
to increase online censorship; or
(C)
to inhibit online communication and content-sharing by the people of Hong Kong.
(c)

Hong Kong Internet Freedom Program
(1)

Working group
(A)

In general
The Secretary of State is authorized to establish a working group to develop a strategy to bolster internet resiliency and online access in Hong Kong.
(B)

Membership
The working group under subparagraph (A) shall consist of—
(i)
the Under Secretary of State for Civilian Security, Democracy, and Human Rights;
(ii)
the Assistant Secretary of State for East Asian and Pacific Affairs;
(iii)
the Chief Executive Officer of the United States Agency for Global Media and the President of the Open Technology Fund of the Agency; and
(iv)
the Administrator of the United States Agency for International Development.
(2)

Hong Kong Internet Freedom Programs
(A)

Department of State
The Secretary of State shall establish a Hong Kong Internet Freedom Program in the Bureau of Democracy, Human Rights, and Labor in the Department of State.
(B)

Open Technology Fund
The President of the Open Technology Fund of the United States Agency for Global Media is authorized to establish a Hong Kong Internet Freedom Program.
(C)

Operation
The Programs referred to in subparagraphs (A) and (B) shall operate independently, but in strategic coordination with other entities in the working group under paragraph (1). The Open Technology Fund shall remain independent from Department of State direction in its implementation of the Program of such Fund, and any other internet freedom programs.
(3)

Independence
During the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Hong Kong Internet Freedom Programs described in paragraph (2) shall be carried out independently from any other internet freedom programs relating to the People’s Republic of China carried out by the Department of State or the Open Technology Fund of the United States Agency for Global Media, as the case may be, in order that such Hong Kong Internet Freedom Programs may focus on supporting liberties presently enjoyed by the people of Hong Kong.
(4)

Consolidation of Department of State program
Beginning on October 1, 2023, the Secretary of State may—
(A)
consolidate the Hong Kong Internet Freedom Program of the Department of State with any other internet freedom programs relating to the People’s Republic of China carried out by the Bureau of Democracy, Human Rights, and Labor; or
(B)
continue to carry out the Program in accordance with paragraph (3).
(5)

Consolidation of Open Technology Fund Program
Beginning on October 1, 2023, the President of the Open Technology Fund of the United States Agency for Global Media may—
(A)
consolidate the Hong Kong Internet Freedom Program of the Fund with any other internet freedom programs relating to the People’s Republic of China carried out by the Fund; or
(B)
continue to carry out the Program in accordance with paragraph (3).
(d)

Support for internet freedom technology programs
(1)

Grants authorized
(A)

In general
The Secretary of State, working through the Bureau of Democracy, Human Rights, and Labor, and President of the Open Technology Fund of the United States Agency for Global Media, are each separately and independently authorized to award grants and contracts to private organizations to support and develop programs in Hong Kong that promote or expand—
(i)
an open, interoperable, reliable and secure internet; and
(ii)
the online exercise of human rights and fundamental freedoms of individual citizens, activists, human rights defenders, independent journalists, civil society organizations, and marginalized populations in Hong Kong.
(B)

Goals
The goals of the programs developed pursuant to grants awarded pursuant to subparagraph (A) should be—
(i)
to make the internet available in Hong Kong;
(ii)
to increase the number of the tools in the technology portfolio;
(iii)
to promote the availability of such technologies and tools in Hong Kong;
(iv)
to encourage the adoption of such technologies and tools by the people of Hong Kong;
(v)
to scale up the distribution of such technologies and tools throughout Hong Kong;
(vi)
to prioritize the development of tools, components, code, and technologies that are fully open-source, to the extent practicable;
(vii)
to conduct research on repressive tactics that undermine internet freedom in Hong Kong;
(viii)
to ensure digital safety guidance and support is available to repressed individual citizens, human rights defenders, independent journalists, civil society organizations and marginalized populations in Hong Kong; and
(ix)
to engage United States private industry, including e-commerce firms and social networking companies, on the importance of preserving internet access in Hong Kong.
(C)

Grant recipients
Grants awarded pursuant to subparagraph (A) shall be distributed to multiple vendors and suppliers through an open, fair, competitive, and evidence-based decision process—
(i)
to diversify the technical base; and
(ii)
to reduce the risk of misuse by bad actors.
(D)

Security audits
New technologies developed using grants awarded pursuant to subparagraph (A) shall undergo comprehensive security audits to ensure such technologies are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by the Open Technology Fund.
(2)

Funding source
The Secretary of State is authorized to expend funds made available to the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor of the Department of State for each of fiscal years 2022 and 2023 for grants authorized under paragraph (1) by any entity in the working group established under subsection (c)(1).
(3)

Authorization of appropriations
(A)

Open technology fund
In addition to the funds authorized to be expended pursuant to paragraph (2), there are authorized to be appropriated to the Open Technology Fund of the United States Agency for Global Media $5,000,000 for each of fiscal years 2022 and 2023 for grants to carry out this subsection. Such amounts are in addition to any amounts authorized to be appropriated for the Open Technology Fund under section 1299P of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(B)

Bureau of democracy, human rights, and labor
In addition to the funds authorized to be expended pursuant to paragraph (2), there are authorized to be appropriated to the Office of Internet Freedom Programs of the Bureau of Democracy, Human Rights, and Labor of the Department of State $10,000,000 for each of fiscal years 2022 and 2023 to carry out this subsection.
(C)

Availability
Amounts authorized to be appropriated pursuant to subparagraphs (A) and (B) shall remain available until expended.
(e)

Strategic planning report
Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the working group under subsection (c)(1) shall submit to the appropriate congressional committees a classified report that—
(1)
describes the Federal Government’s plan to bolster and increase the availability of Great Firewall circumvention and internet freedom technology in Hong Kong during fiscal year 2022;
(2)
outlines a plan for—
(A)
supporting the preservation of an open, interoperable, reliable, and secure internet in Hong Kong;
(B)
increasing the supply of the technology referred to in paragraph (1);
(C)
accelerating the dissemination of such technology;
(D)
promoting the availability of internet freedom in Hong Kong;
(E)
utilizing presently-available tools in the existing relevant portfolios for further use in the unique context of Hong Kong;
(F)
expanding the portfolio of tools in order to diversify and strengthen the effectiveness and resiliency of the circumvention efforts;
(G)
providing training for high-risk groups and individuals in Hong Kong; and
(H)
detecting analyzing, and responding to new and evolving censorship threats;
(3)
includes a detailed description of the technical and fiscal steps necessary to safely implement the plans referred to in paragraphs (1) and (2), including an analysis of the market conditions in Hong Kong;
(4)
describes the Federal Government’s plans for awarding grants to private organizations for the purposes described in subsection (d)(1)(A);
(5)
outlines the working group’s consultations regarding the implementation of this section to ensure that all Federal efforts are aligned and well coordinated; and
(6)
outlines the Department of State’s strategy to influence global internet legal standards at international organizations and multilateral fora.
(f)

Definitions
In this section:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)

Joint Declaration
The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984.
30311.

Authorization of appropriations for protecting human rights in the People’s Republic of China
(a)

In general
Amounts authorized to be appropriated or otherwise made available to carry out section 409 of the Asia Reassurance Initiative Act of 2019 (Public Law 115–409) should include programs that prioritize the protection and advancement of the freedoms of association, assembly, religion, and expression for women, human rights activists, and ethnic and religious minorities in the People’s Republic of China (PRC).
(b)

Use of funds
Amounts appropriated pursuant to section 409 of the Asia Reassurance Initiative Act of 2019 (Public Law 115–409) may be used to fund nongovernmental agencies within the Indo-Pacific region that are focused on the issues described in subsection (a).
(c)

Consultation requirement
In carrying out this section, the Assistant Secretary of Democracy, Human Rights and Labor shall consult with the appropriate congressional committees and representatives of civil society regarding—
(1)
strengthening the capacity of the organizations referred to in subsection (b);
(2)
protecting members of the groups referred to in subsection (a) who have been targeted for arrest, harassment, forced sterilizations, coercive abortions, forced labor, or intimidation, including members residing outside of the PRC; and
(3)
messaging efforts to reach the broadest possible audiences within the PRC about United States Government efforts to protect freedom of association, expression, assembly, and the rights of ethnic minorities.
30312.

Modifications to and reauthorization of sanctions with respect to human rights violations
(a)

Definitions
Section 1262 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) is amended by striking paragraph (2).
(b)

Sense of congress
(1)
The Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) is amended by inserting after section 1262 the following new section:
“1262A.

Sense of congress
It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.”; and
(2)
The table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) are each amended by inserting after the items relating to section 1262 the following:
“Sec. 1262A. Sense of Congress.”.
(c)

Imposition of sanctions
(1)

In general
Subsection (a) of section 1263 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) is amended to read as follows:
“(a)

In general
The President may impose the sanctions described in subsection (b) with respect to any foreign person that the President determines, based on credible information—
(1)
is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse or any violation of internationally recognized human rights;
(2)
is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in—
(A)
corruption; or
(B)
the transfer or facilitation of the transfer of the proceeds of corruption;
(3)
is or has been a leader or official of—
(A)
an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) related to the tenure of the leader or official; or
(B)
an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official;
(4)
has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of—
(A)
an activity described in subparagraph (A) or (B) that is conducted by a foreign person;
(B)
a person whose property and interests in property are blocked pursuant to this section; or
(C)
an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in subparagraph (A) or (B) conducted by a foreign person; or
(5)
is owned or controlled by, or acts or is purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section.”.
(2)

Consideration of certain information
Subsection (c)(2) of such section is amended by inserting “corruption and” after “monitor”.
(3)

Requests by congress
Subsection (d) of such section is amended—
(A)
in paragraph (1), in the matter preceding subparagraph (A), by striking “subsection (a)” and inserting “subsection (a)(1)”;
(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
in the subparagraph heading, by striking “Human rights violations” and inserting “Serious human rights abuse or violations of internationally recognized human rights”; and
(II)
by striking “described in paragraph (1) or (2) of subsection (a)” and inserting “described in subsection (a)(1) relating to serious human rights abuse or any violation of internationally recognized human rights”; and
(ii)
in subparagraph (B)—
(I)
in the matter preceding clause (i), by striking “described in paragraph (3) or (4) of subsection (a)” and inserting “described in subsection (a)(1) relating to corruption or the transfer or facilitation of the transfer of the proceeds of corruption”; and
(II)
by striking “ranking member of” and all that follows through the period at the end and inserting “ranking member of one of the appropriate congressional committees.”.
(d)

Reports to congress
Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) is amended—
(1)
in paragraph (5), by striking “; and” and inserting a semicolon;
(2)
in paragraph (6), by striking the period at the end and inserting “;”; and
(3)
by adding at the end the following:
“(7)
a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuse, violations of internationally recognized human rights, and corruption in each country in which foreign persons with respect to which sanctions have been imposed under section 1263 are located; and
(8)
a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to those foreign persons subject to sanctions under section 1263 for serious human rights abuse, violations of internationally recognized human rights, and corruption.”.
(e)

Repeal of sunset
(1)
Section 1265 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) is repealed.
(2)
The table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) are each amended by striking the items relating to section 1265.
30313.

Sense of congress condemning anti-asian racism and discrimination
(a)

Findings
Congress makes the following findings:
(1)
Since the onset of the COVID–19 pandemic, crimes and discrimination against Asians and those of Asian descent have risen dramatically worldwide. In May 2020, United Nations Secretary General Antonio Guterres said “the pandemic continues to unleash a tsunami of hate and xenophobia, scapegoating and scare-mongering” and urged governments to “act now to strengthen the immunity of our societies against the virus of hate”.
(2)
Over 2 million Asian Americans and Pacific Islanders are working on the front lines of the COVID–19 pandemic in healthcare, law enforcement, first responders, transportation, supermarkets, and other service industries. AAPI workers also make up a large share—between 6 percent and 12 percent based on sector—of the bio medical field.
(3)
The United States Census Bureau notes that Americans of Asian descent made up 7.2 percent of the population according to the 2020 decennial census, and that Asian Americans are the fastest-growing racial group in the United States, projected to represent 14 percent of the United States population by 2065.
(4)
Since January 2020, there has been a dramatic increase in reports of hate crimes and incidents against those of Asian descent.
(5)
According to reports, there are over 10,000 reported cases of anti-Asian American hate incidents and discrimination related to COVID–19 between March 19, 2020 and September 30, 2021.
(6)
Local police departments are reporting an exponential increase in anti-Asian hate incidents and crimes. The New York Police Department reported a 343 percent spike in anti-Asian crime in 2021 from 2020, and the San Francisco Police Department reported anti-AAPI hate crimes increased by 567 percent from 2020 to 2021.
(7)
Multiple incidents of anti-Asian violence occurred since March 2020, including a woman wearing a mask who was kicked and punched at a New York City subway station, two children and two adults were stabbed at a wholesale grocery store in Midland, Texas, a couple was assaulted and robbed by a group of attackers in Philadelphia, and a 16-year-old boy was sent to the hospital after being attacked by bullies in Los Angeles, California.
(8)
Anti-Asian discrimination and hate since the start of the COVID–19 outbreak has continued throughout the pandemic.
(9)
Since the start of 2021, there has been a surge in anti-Asian attacks targeting predominately elderly Asian Americans.
(10)
On January 30, 2021, an 84-year-old Thai man, Vicha Ratanapakdee, died from injuries sustained from an unprovoked assault while on his routine morning walk in San Francisco, California.
(11)
In January 2021, a series of attacks occurred in Oakland’s Chinatown targeting Asian American seniors, the victims included a 91-year-old man, a 60-year-old man, and a 55-year-old woman, who were all violently shoved to the ground in three separate incidents.
(12)
In February 2021, victims of anti-Asian violence included a 61-year-old Filipino man who was attacked and slashed across his face on a New York City subway, a Filipino woman in her 80s who was punched in an unprovoked attack while riding a trolley in San Diego, and a 52-year-old Asian woman who was attacked and forcefully shoved while waiting in line outside of a bakery in Flushing, New York.
(13)
In December 2021, a 61-year-old Chinese man, Yao Pan Ma, died from injuries sustained from an unprovoked assault in April of 2021 in New York City.
(14)
Anti-Asian racism has also resulted in Asian American businesses being targeted for vandalism.
(15)
There are approximately 2 million Asian American-owned businesses that generate over $700 billion in annual revenue and employ millions of workers.
(16)
More than 1,900,000 Asian American and Pacific Islander older adults, particularly those older adults who are recent immigrants or have limited English proficiency, may face even greater challenges in dealing with the COVID–19 pandemic, including discrimination, economic insecurity, and language isolation.
(17)
The World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) recognize that naming COVID–19 by its geographic location or linking it to a specific ethnicity perpetuates stigma.
(18)
In 2015, the WHO issued guidance calling on media outlets, scientists, and national authorities to avoid naming infectious diseases for locations to avoid stigmatizing groups of people.
(19)
On February 27, 2020, the Secretary of Health and Human Services stated, “ethnicity is not what causes the novel coronavirus” and that it is inappropriate and inaccurate to call COVID–19 the “Chinese virus”.
(20)
On February 28, 2020, Dr. Mitch Wolfe, the Chief Medical Officer of the CDC, said, “Stigma is the enemy of public health”.
(21)
On March 10, 2020, Dr. Robert Redfield, the Director of the CDC, testified that use of the term “Chinese coronavirus” is wrong and inappropriate.
(22)
On January 26, 2021, President Biden issued a Presidential Memorandum “Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States”.
(b)

Sense of Congress
It is the sense of Congress as follows:
(1)
The use of anti-Asian terminology and rhetoric related to COVID–19, such as the “Chinese Virus”, “Wuhan Virus”, and “Kung-flu”, has perpetuated anti-Asian stigma.
(2)
The use of anti-Asian rhetoric has resulted in Asian Americans being harassed, assaulted, and scapegoated for the COVID–19 pandemic.
(3)
The reprehensible attacks on people of Asian descent and the concerning increase in anti-Asian sentiment and racism in the United States and around the world have no place in a peaceful, civilized, and tolerant world.
(4)
The United States is a diverse country with a proud tradition of immigration, and the strength and vibrancy of the United States is enhanced by the diverse ethnic backgrounds and tolerance of its citizens, including Asian Americans and Pacific Islanders.
(5)
The United States Government should encourage foreign governments to use the official and scientific names for the COVID–19 pandemic, as recommended by the World Health Organization and the Centers for Disease Control and Prevention.
(6)
The United States Government and other governments around the world must actively oppose racism and intolerance, and use all available and appropriate tools to combat the spread of anti-Asian racism and discrimination.
30314.

Annual reporting on censorship of free speech with respect to international abuses of human rights
Section 116(d) of the Foreign Assistance Act of 1961 (227 U.S.C. 2151n(d)) is amended—
(1)
in paragraph (11)(C), by striking “and” at the end;
(2)
in paragraph (12)(C)(ii), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
“(13)
wherever applicable, instances in which the government of each country has attempted to extraterritorially intimidate or pressure a company or entity to censor or self-censor the speech of its employees, contractors, customers, or associated staff with regards to the abuse of human rights in such country, or sought retaliation against such employees or contractors for the same, including any instance in which the Government of the People’s Republic of China has sought to extraterritorially censor or punish speech that is otherwise legal in the United States on the topics of—
(A)
repression and violation of fundamental freedoms in Hong Kong;
(B)
repression and persecution of religious and ethnic minorities in China, including in the Xinjiang Uyghur Autonomous Region and the Tibet Autonomous Region;
(C)
efforts to proliferate and use surveillance technologies to surveil activists, journalists, opposition politicians, or to profile persons of different ethnicities; and
(D)
other gross violations of human rights; and
(14)
wherever applicable, instances in which a company or entity located in or based in a third country has censored or self-censored the speech of its employees, contractors, customers, or associated staff on the topic of abuse of human rights in each country or sought to retaliate against such employees for the same, due to intimidation or pressure from or the fear of intimidation by the foreign government.”.
30315.

Policy toward the XXIV Olympic Winter Games and the XIII Paralympic Winter Games
(a)

Findings
Congress finds the following:
(1)
In October 2020, 39 countries at the United Nations Third Committee of the General Assembly appealed for action on the mass arbitrary detentions and other crimes against the Uyghur Muslim population of the Xinjiang Uyghur Autonomous Region.
(2)
The 2018 concluding observations of the United Nations Committee on the Elimination of Racial Discrimination decried reports of mass arbitrary detention of Uyghurs.
(3)
Over 400 international nongovernmental organizations have joined together to decry the mass arbitrary detentions of Uyghurs in the Xinjiang Uyghur Autonomous Region.
(4)
The Olympic Charter states that the practice of sport “is a human right” that “shall be secured without discrimination of any kind, such as race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status”, a right that by definition cannot be secured in a country in which over 1,000,000 people are imprisoned in camps because of their race, language, and religion.
(5)
The 2008 Olympics in Beijing were accompanied by widespread tracking, arrest, and intimidation of foreign journalists and bloggers, as well as restrictions on movement of journalists, contrary to explicit commitments made by the Government of the People’s Republic of China (PRC) to the International Olympic Committee.
(6)
The Government of the PRC denied visas for some journalists granted press accreditation for the 2008 Olympic Games, and the Beijing Organising Committee of the Olympic Games repeatedly refused to address incidents involving freedom of expression.
(7)
The International Olympic Committee faced broad criticism for failing to adequately anticipate infringements by the Government of the PRC’s on freedom of expression and press for international media and 2008 Olympics participants, and failing to hold the Government of the PRC to their own commitments to safeguard human rights during the 2008 games.
(b)

Sense of congress
It is the sense of Congress that the International Olympic Committee should—
(1)
consider that the Olympic Charter’s principles of solidarity and nondiscrimination are hard to reconcile with holding the 2022 Winter Games in a country the government of which stands credibly accused of perpetrating crimes against humanity and genocide against ethnic and religious minorities;
(2)
take into account the recent precedent of the 2008 games, at which Olympic athletes, spectators, and international media had their fundamental freedoms severely challenged, and the likely limitations the Government of the PRC will seek to enforce on participants speaking out about ongoing persecution of the Uyghurs and other human rights abuses in the PRC, despite repeated commitments by the Government of the PRC;
(3)
emphasize that the International Olympic Committee is not opposed to moving an Olympic competition in all circumstances, and should immediately rebid the 2022 Winter Olympic Games to be hosted by a country that recognizes and respects human rights;
(4)
develop a framework for reprimanding or disqualifying host cities and the countries in which they are located if the governments of such countries are actively committing mass atrocities—
(A)
during the Olympic and Paralympic bidding process; or
(B)
between a city’s election as a host city and the duration of the Olympic and Paralympic Games that its government is hosting;
(5)
affirm the International Olympic Committee’s—
(A)
desire to stay above politics does not permit turning a blind eye to mass atrocity crimes, which cannot and should not be dismissed as mere political concerns; and
(B)
commitment to the fundamental rights instruments of the international system, which are beyond partisan or domestic policy, and upon which the success of the entire Olympic project depends;
(6)
not hold future Olympic games in countries that are committing genocide;
(7)
propose a set of clear, executable actions to be taken by the International Olympic Committee upon infringement of freedom of expression by a host country’s government during any Olympics event, including the 2022 Winter Olympics, against athletes, participants, and international media; and
(8)
rescind Rule 50 of the Olympic Charter, which restricts the freedom of expression by athletes when competing during Olympics events, and affirm the rights of athletes to political and other speech during athletic competitions, including speech that is critical of their host countries.
(c)

Statement of policy
It shall be the policy of the United States—
(1)
to implement a presidential and cabinet level diplomatic boycott of the XXIV Olympic Winter Games and the XIII Paralympic Winter Games in the PRC;
(2)
to encourage other nations, especially democratic partners and allies, to do the same; and
(3)
to call for an end to the Chinese Communist Party’s ongoing human rights abuses, including the Uyghur genocide.
30316.

Review and controls on export of items with critical capabilities to enable human rights abuses
(a)

Statement of policy
It is the policy of the United States to use export controls to the extent necessary to further the protection of internationally recognized human rights.
(b)

Review of items with critical capabilities to enable human rights abuses
Not later than 180 days after the date of the enactment of this Act, and as appropriate thereafter, the Secretary, in coordination with the Secretary of State, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, shall conduct a review of items subject to controls for crime control reasons pursuant to section 742.7 of the Export Administration Regulations.
(c)

Controls
In furtherance of the policy set forth in subsection (a), not later than 60 days after completing the review required by subsection (b), the Secretary, in coordination with the heads of other Federal agencies as appropriate, shall determine whether additional export controls are needed to protect human rights, including whether—
(1)
controls for crime control reasons pursuant to section 742.7 of the Export Administration Regulations should be imposed on additional items, including items with critical capabilities to enable human rights abuses involving—
(A)
censorship or social control;
(B)
surveillance, interception, or restriction of communications;
(C)
monitoring or restricting access to or use of the internet;
(D)
identification of individuals through facial or voice recognition or biometric indicators; or
(E)
DNA sequencing; or
(2)
end-use and end-user controls should be imposed on the export, reexport, or in-country transfer of certain items with critical capabilities to enable human rights abuses that are subject to the Export Administration Regulations if the person seeking to export, reexport, or transfer the item has knowledge, or the Secretary determines and so informs that person, that the end-user or ultimate consignee will use the item to enable human rights abuses.
(d)

Cooperation of other agencies
Upon request from the Secretary, the head of a Federal agency shall provide full support and cooperation to the Secretary in carrying out this section.
(e)

International coordination on controls to protect human rights
It shall be the policy of the United States to seek to secure the cooperation of other governments to impose export controls that are consistent, to the extent possible, with the controls imposed under this section.
(f)

Report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) a report on the matters covered by this section. The report shall be submitted in unclassified form, but may include a classified annex.
(g)

Conforming amendment
Section 1752(2)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 20 4811(2)(A)) is amended—
(1)
in clause (iv), by striking “; or” and inserting a semicolon;
(2)
in clause (v), by striking the period and inserting “; or”; and
(3)
by adding at the end the following:
“(vi)
serious human rights abuses.”.
(h)

Definitions
In this section:
(1)

End-user; knowledge; ultimate consignee
The terms end-user, knowledge, and ultimate consignee have the meanings given those terms in section 772.1 of the Export Administration Regulations.
(2)

Export; export administration regulations; in-country transfer; item; reexport
The terms export, Export Administration Regulations, in-country transfer, item, and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(3)

Secretary
The term Secretary means the Secretary of Commerce.
30317.

Sense of Congress on commercial export control policy
It is the sense of Congress that the President should reexamine United States commercial export control policy for any country, including the People’s Republic of China, that is known to supply arms or dual use items to any country the government of which has been designated pursuant to any applicable provision of law as a state sponsor of terrorism or to any entity designated by the Secretary of State as a foreign terrorist organization.
30318.

Imposition of sanctions with respect to systematic rape, coercive abortion, forced sterilization, or involuntary contraceptive implantation in the Xinjiang Uyghur Autonomous Region
(a)

In general
Section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 22 U.S.C. 6901 note) is amended by inserting after subparagraph (E) the following:
“(F)
Systematic rape, coercive abortion, forced sterilization, or involuntary contraceptive implantation policies and practices.”.
(b)

Effective date; applicability
The amendment made by subsection (a)—
(1)
takes effect on the date of the enactment of this Act; and
(2)
applies with respect to the first report required by section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 submitted after such date of enactment.
30319.

Sense of Congress regarding censorship of political speech
(a)

Findings
Congress finds the following:
(1)
The People’s Republic of China censors political speech of throughout the country through many means including through mass censorship of the Internet, the Great Firewall, radical curtailment of the freedom of the press.
(2)
The PRC employs several other means to stifle dissent including instigating private person to target dissenting individuals and private companies to target offending companies.
(b)

Sense of Congress
It is the sense of Congress that—
(1)
censorship of political speech in China is contrary to the human rights of the Chinese people;
(2)
censorship of political speech, whether conducted by the government, or private or quasi-private entities is antithetical to United States values and interests; and
(3)
the democratic way to conduct political disputes is through argument and persuasion, not force or political speech.
30320.

Report on manner and extent to which the Government of China exploits Hong Kong to circumvent United States laws and protections
Title III of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731 et seq.) is amended by adding at the end the following:
“303.

Report on manner and extent to which the Government of China exploits Hong Kong to circumvent United States laws and protections
(a)

In general
Not later than 180 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees a report on the manner and extent to which the Government of China uses the status of Hong Kong to circumvent the laws and protections of the United States.
(b)

Elements
The report required by subsection (a) shall include the following:
(1)
In consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence—
(A)
an assessment of how the Government of China uses Hong Kong to circumvent United States export controls; and
(B)
a list of all significant incidents in which the Government of China used Hong Kong to circumvent such controls during the reporting period.
(2)
In consultation with the Secretary of the Treasury and the Secretary of Commerce—
(A)
an assessment of how the Government of China uses Hong Kong to circumvent duties on merchandise exported to the United States from the People’s Republic of China; and
(B)
a list of all significant incidents in which the Government of China used Hong Kong to circumvent such duties during the reporting period.
(3)
In consultation with the Secretary of the Treasury, the Secretary of Homeland Security, and the Director of National Intelligence—
(A)
an assessment of how the Government of China uses Hong Kong to circumvent sanctions imposed by the United States or pursuant to multilateral regimes; and
(B)
a list of all significant incidents in which the Government of China used Hong Kong to circumvent such sanctions during the reporting period.
(4)
In consultation with the Secretary of Homeland Security and the Director of National Intelligence, an assessment of how the Government of China uses formal or informal means to extradite or coercively move individuals, including United States persons, from Hong Kong to the People’s Republic of China.
(5)
In consultation with the Secretary of Defense, the Director of National Intelligence, and the Director of Homeland Security—
(A)
an assessment of how the intelligence, security, and law enforcement agencies of the Government of China, including the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police, use the Hong Kong Security Bureau and other security agencies in Hong Kong to conduct espionage on foreign nationals, including United States persons, conduct influence operations, or violate civil liberties guaranteed under the laws of Hong Kong; and
(B)
a list of all significant incidents of such espionage, influence operations, or violations of civil liberties during the reporting period.
(c)

Form of report; availability
(1)

Form
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index.
(2)

Availability
The unclassified portion of the report required by subsection (a) shall be posted on a publicly available internet website of the Department of State.
(d)

Definitions
In this section:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives.
(2)

Foreign national
The term foreign national means a person that is neither—
(A)
an individual who is a citizen or national of the People’s Republic of China; or
(B)
an entity organized under the laws of the People’s Republic of China or of a jurisdiction within the People’s Republic of China.
(3)

Reporting period
The term reporting period means the 5-year period preceding submission of the report required by subsection (a).
(4)

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; or
(B)
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.”.
30321.

Sense of Congress regarding annual Country Reports on Human Rights Practices
It is the sense of Congress that the Department of State’s annual Country Reports on Human Rights Practices should include relevant information regarding whether a particular country has provided assistance to the PRC or any entity under the influence of the Chinese Communist Party in its genocide against the Uyghurs, including through the forcible repatriation of Uyghurs to the PRC without reasonable opportunity for them to be assessed and protected as refugees.
30322.

Sense of Congress regarding press freedom in the People’s Republic of China
(a)

Findings
Congress finds that the People’s Republic of China maintains one of the worst media environments in the world and seeks to curtail political speech inside and outside the country, including by—
(1)
targeting independent and foreign media in China through systematic harassment including the denial of visas to foreign journalists, imprisonment, the denial of medical care to imprisoned journalists, and curtailing access to legal representation;
(2)
pervasively monitoring and censoring online and social media content, including through the banning of virtual private networks;
(3)
using the full force of the State to stifle internal dissent including dissent online, particularly dissent that could lead to political change and content that criticizes China’s leaders, however trivial, reportedly even to the point of censoring comparisons of Xi Jingping’s looks with Winnie the Pooh;
(4)
spreading propaganda to foreign audiences through the United Front Work Department and related activities;
(5)
seeking to intimidate American-based journalists working for Radio Free Asia and reporting on gross human rights violations in China’s Xinjiang Uyghur Autonomous Region by jailing or otherwise harassing members of their families; and
(6)
championing a “sovereign Internet” model and exporting technology to enhance the ability of like-minded authoritarian regimes to suppress dissent online and monitor the activity of their people.
(b)

Sense of Congress
It is the sense of Congress that—
(1)
the freedom of the press is an unalienable right that is necessary for citizens to hold their government to account;
(2)
the PRC should cease its repression of journalists, citizen journalists, news organizations; and
(3)
the PRC should cease the censorship of political satire, including comparisons of Xi Jingping’s looks with Winnie the Pooh.
30323.

United States Special Envoy for Xinjiang Province
(a)

In general
The Secretary of State shall establish within the Department of State the position of United States Special Envoy for Xinjiang Province (in this section referred to as the “Special Envoy”).
(b)

Appointment
The Secretary may appoint an individual to the position of Special Envoy from among officers and employees of the Department of State. The Secretary may allow such officer or employee to retain the position (and the responsibilities associated with such position) held by such officer or employee prior to the appointment of such officer or employee to the position of Special Envoy.
(c)

Duties
The Special Envoy shall coordinate diplomatic, political, public diplomacy, financial assistance, sanctions, counterterrorism, security resources, and congressional reporting requirements within the United States Government to respond to the gross violations of universally recognized human rights occurring in Xinjiang Province of the People’s Republic of China, including by addressing—
(1)
the mass detentions of Uyghurs and other predominantly Muslim ethnic minorities;
(2)
the deployment of technologically advanced surveillance and police detection methods; and
(3)
the counterterrorism and counter-radicalism claims used to justify the policies of the Chinese Government in Xinjiang Province.
30324.

China Censorship Monitor and Action Group
(a)

Report on censorship and intimidation of united states persons by the government of the people’s republic of china
(1)

Report
(A)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall select and seek to enter into an agreement with a qualified research entity that is independent of the Department of State to write a report on censorship and intimidation in the United States and its possessions and territories of United States persons, including United States companies that conduct business in the People’s Republic of China, which is directed or directly supported by the Government of the People’s Republic of China.
(B)

Matters to be included
The report required under subparagraph (A) shall—
(i)
assess major trends, patterns, and methods of the Government of the People’s Republic of China’s efforts to direct or directly support censorship and intimidation of United States persons, including United States companies that conduct business in the People’s Republic of China, which are exercising their right to freedom of speech;
(ii)
assess, including through the use of illustrative examples, as appropriate, the impact on and consequences for United States persons, including United States companies that conduct business in the People’s Republic of China, that criticize—
(I)
the Government of the People’s Republic of China;
(II)
the Chinese Communist Party;
(III)
the authoritarian model of government of the People’s Republic of China; or
(IV)
a particular policy advanced by the Chinese Communist Party or the Government of the People’s Republic of China;
(iii)
identify the implications for the United States of the matters described in clauses (i) and (ii);
(iv)
assess the methods and evaluate the efficacy of the efforts by the Government of the People’s Republic of China to limit freedom of expression in the private sector, including with respect to media, social media, film, education, travel, financial services, sports and entertainment, technology, telecommunication, and internet infrastructure interests;
(v)
include policy recommendations for the United States Government, including recommendations regarding collaboration with United States allies and partners, to address censorship and intimidation by the Government of the People’s Republic of China; and
(vi)
include policy recommendations for United States persons, including United States companies that conduct business in China, to address censorship and intimidation by the Government of the People’s Republic of China.
(C)

Applicability to united states allies and partners
To the extent practicable, the report required under subparagraph (A) should identify implications and policy recommendations that are relevant to United States allies and partners facing censorship and intimidation directed or directly supported by the Government of the People’s Republic of China.
(2)

Submission of report
(A)

In general
Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit the report written by the qualified research entity selected pursuant to paragraph (1)(A) to the appropriate congressional committees.
(B)

Publication
The report referred to in subparagraph (A) shall be made accessible to the public online through relevant United States Government websites.
(3)

Federal government support
The Secretary of State and other Federal agencies selected by the President shall provide the qualified research entity selected pursuant to paragraph (1)(A) with timely access to appropriate information, data, resources, and analyses necessary for such entity to write the report described in paragraph (1) in a thorough and independent manner.
(b)

China Censorship Monitor and Action Group
(1)

Certification
Upon receipt and review of the report described in subsection (a), the President shall make a determination on whether the Government of the People’s Republic of China engages in the censorship and intimidation of United States persons, including United States companies that conduct business in the People’s Republic of China, which are exercising their right to freedom of speech, taking into account the contents of the report and other information available to the government of the United States.
(2)

In general
If there is a determination under paragraph (1) that the Government of the People’s Republic of China engages in the censorship and intimidation of United States persons, including United States companies that conduct business in the People’s Republic of China, which are exercising their right to freedom of speech, the President shall establish an interagency task force, which shall be known as the “China Censorship Monitor and Action Group” (referred to in this section as the “Task Force”).
(3)

Membership
If, upon receipt and review of the report described in subsection (a), he deems it in the national interest, the President shall—
(A)
appoint the chair of the Task Force from among the staff of the National Security Council;
(B)
appoint the vice chair of the Task Force from among the staff of the National Economic Council; and
(C)
direct the head of each of the following executive branch agencies to appoint personnel to participate in the Task Force:
(i)
The Department of State.
(ii)
The Department of Commerce.
(iii)
The Department of the Treasury.
(iv)
The Department of Justice.
(v)
The Office of the United States Trade Representative.
(vi)
The Office of the Director of National Intelligence, and other appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
(vii)
The Federal Communications Commission.
(viii)
The United States Agency for Global Media.
(ix)
Other agencies designated by the President.
(4)

Responsibilities
The Task Force shall—
(A)
oversee the development and execution of an integrated Federal Government strategy to monitor and address the impacts of efforts directed, or directly supported, by the Government of the People’s Republic of China to censor or intimidate, in the United States or in any of its territories, any United States person, including United States companies that conduct business in the People’s Republic of China, which are exercising their right to freedom of speech; and
(B)
submit the strategy developed pursuant to subparagraph (A) to the appropriate congressional committees not later than 120 days after the date of the enactment of this Act.
(5)

Meetings
The Task Force shall meet not less frequently than twice per year.
(6)

Consultations
The Task Force should regularly consult, to the extent necessary and appropriate, with—
(A)
Federal agencies that are not represented on the Task Force;
(B)
independent agencies of the United States Government that are not represented on the Task Force;
(C)
relevant stakeholders in the private sector and the media; and
(D)
relevant stakeholders among United States allies and partners facing similar challenges related to censorship or intimidation by the Government of the People’s Republic of China.
(7)

Reporting requirements
(A)

Annual report
The Task Force shall submit an annual report to the appropriate congressional committees that describes, with respect to the reporting period—
(i)
the strategic objectives and policies pursued by the Task Force to address the challenges of censorship and intimidation of United States persons while in the United States or any of its territories, which is directed or directly supported by the Government of the People’s Republic of China;
(ii)
the activities conducted by the Task Force in support of the strategic objectives and policies referred to in clause (i); and
(iii)
the results of the activities referred to in clause (ii) and the impact of such activities on the national interests of the United States.
(B)

Form of report
Each report submitted pursuant to subparagraph (A) shall be unclassified, but may include a classified annex.
(C)

Congressional briefings
Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Task Force shall provide briefings to the appropriate congressional committees regarding the activities of the Task Force to execute the strategy developed pursuant to paragraph (3)(A).
(c)

Sunset
This section shall terminate on the date that is five years after the date of the enactment of this Act.
(d)

Definitions
In this section:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” includes the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2)

Qualified research entity
The term qualified research entity means an entity that—
(A)
is a nonpartisan research organization or a federally funded research and development center;
(B)
has appropriate expertise and analytical capability to write the report required under subsection (a); and
(C)
is free from any financial, commercial, or other entanglements, which could undermine the independence of such report or create a conflict of interest or the appearance of a conflict of interest, with—
(i)
the Government of the People’s Republic of China;
(ii)
the Chinese Communist Party;
(iii)
any company incorporated in the People’s Republic of China or a subsidiary of such company; or
(iv)
any company or entity incorporated outside of the People’s Republic of China that is believed to have a substantial financial or commercial interest in the People’s Republic of China.
(3)

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; or
(B)
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.
30325.

Public disclosure on BIS licensing information
The Committee on Foreign Affairs of the House of Representatives shall make aggregate statistics on licensing information, ensuring all confidential business information is protected, for PRC companies on the Entity List contained in the Export Administration Regulations available to the public.
30326.

Modification of authority of the President under the Export Control Reform Act of 2018
Section 1753(a)(2)(F) of the Export Control Reform Act of 2018 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting “, security, or” before “intelligence”.
30327.

Determination with respect to the imposition of sanctions on entities involved in using Uyghur forced labor
(a)

Findings
Congress finds the following:
(1)
U.S. Customs and Border Protection seized a shipment of 40.31 megawatts of modules manufactured by LONGi Green Energy Technology Co. in October 2021 out of the concerns that LONGi used forced Uyghur labor in Xinjiang.
(2)
The Department of Commerce added five Chinese entities to the entity list for participating in using forced Uyghur labor in Xinjiang in June 2021, these entities include: Hoshine Silicon Industry (Shanshan) Co., Ltd, Xinjiang Daqo New Energy Co., Ltd, Xinjiang East Hope Nonferrous Metals Co., Ltd, and Xinjiang GCL New Energy, Xinjiang Production and Construction Corps (XPCC).
(3)
The Uyghur Human Rights Policy Act of 2021 (Public Law 116–145), as amended by Public Law 117–78, requires the President to impose asset blocking sanctions on foreign persons responsible for serious human rights abuses in connection with forced labor in Xinjiang, China.
(b)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall report to the appropriate congressional committees a determination, including a detailed justification, regarding whether LONGi Green Energy Technology Co., Hoshine Silicon Industry (Shanshan) Co., Ltd, Xinjiang Daqo New Energy Co., Ltd, Xinjiang East Hope Nonferrous Metals Co., Ltd, and Xinjiang GCL New Energy, each meets the criteria for designation under section 6 of the Uyghur Human Rights Policy Act (Public Law 116–145), as amended by section 5 of the Uyghur Forced Labor Prevention Act (Public Law 117–78).
(c)

Public availability of information
The report required under this section shall be made available on a publicly available website of the Federal Government.
(d)

Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and
(2)
the Committee on Financial Services, the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives.
IV

Investing in Our Economic Statecraft
30401.

Sense of Congress regarding the People’s Republic of China’s industrial policy
It is the sense of Congress that—
(1)
the challenges presented by a nonmarket economy like the economy of the People’s Republic of China (PRC), which has captured such a large share of global economic exchange, are in many ways unprecedented and require sufficiently elevated and sustained long-term focus and engagement;
(2)
in order to truly address the most detrimental aspects of Chinese Communist Party (CCP)-directed mercantilist economic strategy, the United States must adopt policies that—
(A)
expose the full scope and scale of intellectual property theft and mass subsidization of Chinese firms, and the resulting harm to the United States, foreign markets, and the global economy;
(B)
ensure that PRC companies face costs and consequences for anticompetitive behavior;
(C)
provide options for affected United States persons to address and respond to unreasonable and discriminatory CCP-directed industrial policies; and
(D)
strengthen the protection of critical technology and sensitive data, while still fostering an environment that provides incentives for secure but open investment, innovation, and competition;
(3)
the United States must work with its allies and partners and multilateral venues and fora—
(A)
to reinforce long-standing generally accepted principles of fair competition and market behavior and address the PRC’s anticompetitive economic and industrial policies that undermine decades of global growth and innovation;
(B)
to ensure that the PRC is not granted the same treatment as that of a free-market economy until it ceases the implementation of laws, regulations, policies, and practices that provide unfair advantage to PRC firms in furtherance of national objectives and impose unreasonable, discriminatory, and illegal burdens on market-based international commerce; and
(C)
to align policies with respect to curbing state-directed subsidization of the private sector, such as advocating for global rules related to transparency and adherence to notification requirements, including through the efforts currently being advanced by the United States, Japan, and the European Union;
(4)
the United States and its allies and partners must collaborate to provide incentives to their respective companies to cooperate in areas such as—
(A)
advocating for protection of intellectual property rights in markets around the world;
(B)
fostering open technical standards; and
(C)
increasing joint investments in overseas markets; and
(5)
the United States should develop policies that—
(A)
insulate United States entities from PRC pressure against complying with United States laws;
(B)
together with the work of allies and partners and multilateral institutions, counter the potential impact of the blocking regime of the PRC established by the Ministry of Commerce of the PRC on January 9, 2021, when it issued Order No. 1 of 2021, entitled “Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and other Measures”; and
(C)
plan for future actions that the Government of the PRC may take to undermine the lawful application of United States legal authorities, including with respect to the use of sanctions.
30402.

Economic defense response teams
(a)

Pilot program
Not later than 180 days after the date of the enactment of this Act, the President shall develop and implement a pilot program for the creation of deployable economic defense response teams to help provide emergency technical assistance and support to a country subjected to the threat or use of coercive economic measures (in this section referred to as a “partner country”) and to play a liaison role between the legitimate government of that country and the United States Government. Such assistance and support may include the following activities:
(1)
Reducing the partner country’s vulnerability to coercive economic measures.
(2)
Minimizing the damage that such measures by an adversary could cause to the partner country.
(3)
Implementing any bilateral or multilateral contingency plans that may exist for responding to the threat or use of such measures.
(4)
In coordination with the partner country, developing or improving plans and strategies by the country for reducing vulnerabilities and improving responses to such measures in the future.
(5)
Assisting the partner country in dealing with foreign sovereign investment in infrastructure or related projects that may undermine the partner country’s sovereignty.
(6)
Assisting the partner country in responding to specific efforts from an adversary attempting to employ economic coercion that undermines the partner country’s sovereignty, including efforts in the cyber domain, such as efforts that undermine cybersecurity or digital security of the partner country or initiatives that introduce digital technologies in a manner that undermines freedom, security, and sovereignty of the partner country.
(7)
Otherwise providing direct and relevant short-to-medium term economic or other assistance from the United States and marshalling other resources in support of effective responses to such measures.
(b)

Reports required
(1)

Report on establishment
Upon establishment of the pilot program required by subsection (a), the Secretary of State, in consultation with other relevant Federal agencies and offices, shall provide the appropriate congressional committees with a detailed report and briefing describing the pilot program, the major elements of the program, the personnel and institutions involved, and the degree to which the program incorporates the elements described in subsection (a).
(2)

Follow-up report
Not later than one year after the date on which the report required by paragraph (1) is submitted, the Secretary of State, in consultation with other relevant Federal agencies and offices, shall provide the appropriate congressional committees with a detailed report and briefing describing the operations over the previous year of the pilot program established pursuant to subsection (a), as well as the Secretary’s assessment of its performance and suitability for becoming a permanent program.
(3)

Form
Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
(c)

Declaration of an economic crisis required
(1)

Notification
The President may activate an economic defense response team for a period of 180 days under the authorities of this section to assist a partner country in responding to an unusual and extraordinary economic coercive threat by an adversary of the United States upon the declaration of a coercive economic emergency, together with notification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2)

Extension authority
The President may activate the response team for an additional 180 days upon the submission of a detailed analysis to the committees described in paragraph (1) justifying why the continued deployment of the economic defense response team in response to the economic emergency is in the national security interest of the United States.
(d)

Sunset
The authorities provided under this section shall expire on December 31, 2026.
(e)

Rule of construction
Neither the authority to declare an economic crisis provided for in subsection (d), nor the declaration of an economic crisis pursuant to subsection (d), shall confer or be construed to confer any authority, power, duty, or responsibility to the President other than the authority to activate an economic defense response team as described in this section.
(f)

Appropriate committees of Congress defined
In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Agriculture, and the Committee on Ways and Means of the House of Representatives.
30403.

Countering overseas kleptocracy
(a)

Findings
Congress finds the following:
(1)
Authoritarian leaders in foreign countries abuse their power to steal assets from state institutions, enrich themselves at the expense of their countries’ economic development, and use corruption as a strategic tool both to solidify their grip on power and to undermine democratic institutions abroad.
(2)
Global corruption harms the competitiveness of United States businesses, weakens democratic governance, feeds terrorist recruitment and transnational organized crime, enables drug smuggling and human trafficking, and stymies economic growth.
(3)
Illicit financial flows often penetrate countries through what appear to be legitimate financial transactions, as kleptocrats launder money, use shell companies, amass offshore wealth, and participate in a global shadow economy.
(4)
The Government of the Russian Federation is a leading model of this type of kleptocratic system, using state-sanctioned corruption to both erode democratic governance from within and discredit democracy abroad, thereby strengthening the authoritarian rule of Vladimir Putin.
(5)
Corrupt individuals and entities in the Russian Federation, often with the backing and encouragement of political leadership, use stolen money—
(A)
to purchase key assets in other countries, often with a goal of attaining monopolistic control of a sector;
(B)
to gain access to and influence the policies of other countries; and
(C)
to advance Russian interests in other countries, particularly those that undermine confidence and trust in democratic systems.
(6)
Systemic corruption in the People’s Republic of China (PRC), often tied to, directed by, or backed by the leadership of the Chinese Communist Party (CCP) and the Government of the PRC is used—
(A)
to provide unfair advantage to certain PRC economic entities;
(B)
to increase other countries’ economic dependence on the PRC to secure greater deference to the PRC’s diplomatic and strategic goals; and
(C)
to exploit corruption in foreign governments and among other political elites to enable PRC state-backed firms to pursue predatory and exploitative economic practices.
(7)
Thwarting these tactics by Russian, Chinese, and other kleptocratic actors requires the international community to strengthen democratic governance and the rule of law. International cooperation in combating corruption and illicit finance is vital to such efforts, especially by empowering reformers in foreign countries during historic political openings for the establishment of the rule of law in those countries.
(8)
Technical assistance programs that combat corruption and strengthen the rule of law, including through assistance provided by the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs and the United States Agency for International Development, and through programs like the Department of Justice’s Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program, can have lasting and significant impacts for both foreign and United States interests.
(9)
There currently exist numerous international instruments to combat corruption, kleptocracy, and illicit finance, including—
(A)
the Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996;
(B)
the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the “Anti-Bribery Convention”);
(C)
the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000;
(D)
the United Nations Convention against Corruption, done at New York October 31, 2003;
(E)
Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions, adopted November 26, 2009; and
(F)
recommendations of the Financial Action Task Force comprising the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation.
(b)

Definitions
In this section:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on the Judiciary, and the Select Committee on Intelligence, and the Committee on Appropriations of the Senate;
(B)
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
(2)

Foreign assistance
The term foreign assistance means foreign assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.).
(3)

Foreign state
The term foreign state has the meaning given such term in section 1603(a) of title 28, United States Code.
(4)

Intelligence community
The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(5)

Public corruption
The term public corruption includes the unlawful exercise of entrusted public power for private gain, such as through bribery, nepotism, fraud, extortion, or embezzlement.
(6)

Rule of law
The term rule of law means the principle of governance in which all persons, institutions, and entities, whether public or private, including the state, are accountable to laws that are—
(A)
publicly promulgated;
(B)
equally enforced;
(C)
independently adjudicated; and
(D)
consistent with international human rights norms and standards.
(c)

Statement of policy
It is the policy of the United States—
(1)
to leverage United States diplomatic engagement and foreign assistance to promote the rule of law;
(2)
(A)
to promote international instruments to combat corruption, kleptocracy, and illicit finance, including instruments referred to in subsection (a)(9), and other relevant international standards and best practices, as such standards and practices develop; and
(B)
to promote the adoption and implementation of such laws, standards, and practices by foreign states;
(3)
to support foreign states in promoting good governance and combating public corruption;
(4)
to encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture, including the misuse of anonymous shell companies and other legal structures, that are enabling illicit finance to penetrate their financial systems;
(5)
to help foreign partner countries to investigate, prosecute, adjudicate, and more generally combat the use of corruption by malign actors, including authoritarian governments, particularly the Government of the Russian Federation and the Government of the People’s Republic of China, as a tool of malign influence worldwide;
(6)
to assist in the recovery of kleptocracy-related stolen assets for victims, including through the use of appropriate bilateral arrangements and international agreements, such as the United Nations Convention against Corruption, done at New York October 31, 2003, and the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000;
(7)
to use sanctions authorities, such as the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)) and section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94), to identify and take action against corrupt foreign actors;
(8)
to ensure coordination between relevant Federal departments and agencies with jurisdiction over the advancement of good governance in foreign states; and
(9)
to lead the creation of a formal grouping of like-minded states—
(A)
to coordinate efforts to counter corruption, kleptocracy, and illicit finance; and
(B)
to strengthen collective financial defense.
(d)

Anti-Corruption action fund
(1)

Establishment
There is established in the United States Treasury a fund, to be known as the “Anti-Corruption Action Fund”, only for the purposes of—
(A)
strengthening the capacity of foreign states to prevent and fight public corruption;
(B)
assisting foreign states to develop rule of law-based governance structures, including accountable civilian police, prosecutorial, and judicial institutions;
(C)
supporting foreign states to strengthen domestic legal and regulatory frameworks to combat public corruption, including the adoption of best practices under international law; and
(D)
supplementing existing foreign assistance and diplomacy with respect to efforts described in subparagraphs (A), (B), and (C).
(2)

Funding
(A)

Transfers
Beginning on or after the date of the enactment of this Act, if total criminal fines and penalties in excess of $50,000,000 are imposed against a person under the Foreign Corrupt Practices Act of 1977 (Public Law 95–213) or section 13, 30A, or 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78dd–1, and 78ff), whether pursuant to a criminal prosecution, enforcement proceeding, deferred prosecution agreement, nonprosecution agreement, a declination to prosecute or enforce, or any other resolution, the court (in the case of a conviction) or the Attorney General shall impose an additional prevention payment equal to $5,000,000 against such person, which shall be deposited in the Anti-Corruption Action Fund established under paragraph (1). Amounts deposited into such Fund under this subparagraph shall be credited as discretionary offsetting collections.
(B)

Availability of funds
Amounts deposited into the Anti-Corruption Action Fund pursuant to subparagraph (A) shall be available to the Secretary of State only to the extent and in such amounts as provided in advance in appropriations Acts for the purposes described in paragraph (1).
(C)

Limitation
None of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund may be used inside the United States, except for administrative costs related to overseas program implementation pursuant to paragraph (1).
(3)

Support
The Anti-Corruption Action Fund—
(A)
may support governmental and nongovernmental parties in advancing the purposes described in paragraph (1); and
(B)
shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and anti-corruption activities.
(4)

Allocation and prioritization
In programming foreign assistance made available through the Anti-Corruption Action Fund, the Secretary of State, in coordination with the Attorney General, shall prioritize projects that—
(A)
assist countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law; and
(B)
are important to United States national interests.
(5)

Technical assistance providers
For any technical assistance to a foreign governmental party under this section, the Secretary of State, in coordination with the Attorney General, shall prioritize United States Government technical assistance providers as implementers, in particular the Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program at the Department of Justice.
(6)

Public diplomacy
The Secretary of State shall announce that funds deposited in the Anti-Corruption Action Fund are derived from actions brought under the Foreign Corrupt Practices Act to demonstrate that the use of such funds are—
(A)
contributing to international anti-corruption work; and
(B)
reducing the pressure that United States businesses face to pay bribes overseas, thereby contributing to greater competitiveness of United States companies.
(7)

Reporting
Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that contains—
(A)
the balance of the funding remaining in the Anti-Corruption Action Fund;
(B)
the amount of funds that have been deposited into the Anti-Corruption Action Fund; and
(C)
a summary of the obligation and expenditure of such funds.
(8)

Notification requirements
None of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund pursuant to this section shall be available for obligation, or for transfer to other departments, agencies, or entities, unless the Secretary of State notifies the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives, not later than 15 days in advance of such obligation or transfer.
(e)

Interagency anti-corruption task force
(1)

In general
The Secretary of State, in cooperation with the Interagency Anti-Corruption Task Force established pursuant to paragraph (2), shall manage a whole-of-government effort to improve coordination among Federal departments and agencies and donor organizations with a role in—
(A)
promoting good governance in foreign states; and
(B)
enhancing the ability of foreign states to combat public corruption.
(2)

Interagency anti-corruption task force
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish and convene the Interagency Anti-Corruption Task Force (referred to in this section as the “Task Force”), which shall be composed of representatives appointed by the President from appropriate departments and agencies, including the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Department of Commerce, the Millennium Challenge Corporation, and the intelligence community.
(3)

Additional meetings
The Task Force shall meet not less frequently than twice per year.
(4)

Duties
The Task Force shall—
(A)
evaluate, on a general basis, the effectiveness of existing foreign assistance programs, including programs funded by the Anti-Corruption Action Fund, that have an impact on—
(i)
promoting good governance in foreign states; and
(ii)
enhancing the ability of foreign states to combat public corruption;
(B)
assist the Secretary of State in managing the whole-of-government effort described in paragraph (1);
(C)
identify general areas in which such whole-of-government effort could be enhanced; and
(D)
recommend specific programs for foreign states that may be used to enhance such whole-of-government effort.
(5)

Briefing requirement
Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter through the end of fiscal year 2026, the Secretary of State shall provide a briefing to the appropriate congressional committees regarding the ongoing work of the Task Force. Each briefing shall include the participation of a representative of each of the departments and agencies described in paragraph (2), to the extent feasible.
(f)

Designation of embassy anti-Corruption points of contact
(1)

Embassy anti-corruption point of contact
The chief of mission of each United States embassy shall designate an anti-corruption point of contact for each such embassy.
(2)

Duties
The designated anti-corruption points of contact designated pursuant to paragraph (1) shall—
(A)
coordinate, in accordance with guidance from the Interagency Anti-Corruption Task Force established pursuant to subsection (e)(2), an interagency approach within United States embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states, including all relevant Federal departments and agencies with a presence in such foreign states, such as the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Millennium Challenge Corporation, and the intelligence community;
(B)
make recommendations regarding the use of the Anti-Corruption Action Fund and other foreign assistance funding related to anti-corruption efforts in their respective countries of responsibility that aligns with United States diplomatic engagement; and
(C)
ensure that anti-corruption activities carried out within their respective countries of responsibility are included in regular reporting to the Secretary of State and the Interagency Anti-Corruption Task Force, including United States embassy strategic planning documents and foreign assistance-related reporting, as appropriate.
(3)

Training
The Secretary of State shall develop and implement appropriate training for the designated anti-corruption points of contact.
(g)

Reporting requirements
(1)

Report or briefing on progress toward implementation
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of the Treasury, shall submit a report or provide a briefing to the appropriate congressional committees that summarizes progress made in combating public corruption and in implementing this Act, including—
(A)
identifying opportunities and priorities for outreach with respect to promoting the adoption and implementation of relevant international law and standards in combating public corruption, kleptocracy, and illicit finance;
(B)
describing—
(i)
the bureaucratic structure of the offices within the Department of State and the United States Agency for International Development that are engaged in activities to combat public corruption, kleptocracy, and illicit finance; and
(ii)
how such offices coordinate their efforts with each other and with other relevant Federal departments and agencies;
(C)
providing a description of how the provisions under paragraphs (4) and (5) of subsection (d) have been applied to each project funded by the Anti-Corruption Action Fund;
(D)
providing an explanation as to why a United States Government technical assistance provider was not used if technical assistance to a foreign governmental entity is not implemented by a United States Government technical assistance provider;
(E)
describing the activities of the Interagency Anti-Corruption Task Force established pursuant to subsection (e)(2);
(F)
identifying—
(i)
the designated anti-corruption points of contact for foreign states; and
(ii)
any training provided to such points of contact; and
(G)
recommending additional measures that would enhance the ability of the United States Government to combat public corruption, kleptocracy, and illicit finance overseas.
(2)

Online platform
The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, should consolidate existing reports with anti-corruption components into a single online, public platform that includes—
(A)
the Annual Country Reports on Human Rights Practices required under section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
(B)
the Fiscal Transparency Report required under section 7031(b) of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6);
(C)
the Investment Climate Statement reports;
(D)
the International Narcotics Control Strategy Report;
(E)
any other relevant public reports; and
(F)
links to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, as appropriate, such as—
(i)
the International Finance Corporation’s Doing Business surveys;
(ii)
the International Budget Partnership’s Open Budget Index; and
(iii)
multilateral peer review anti-corruption compliance mechanisms, such as—
(I)
the Organisation for Economic Co-operation and Development’s Working Group on Bribery in International Business Transactions;
(II)
the Follow-Up Mechanism for the Inter-American Convention Against Corruption; and
(III)
the United Nations Convention Against Corruption, done at New York October 31, 2003.
30404.

Annual report on Chinese surveillance companies
(a)

In general
Not later than 180 days after the date of the enactment of this Act, and annually thereafter until 2040, the Secretary of State, in coordination with the Director of National Intelligence, shall submit to the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives, and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate, a report with respect to persons in China that the Secretary determines—
(1)
have operated, sold, leased, or otherwise provided, directly or indirectly, items or services related to targeted digital surveillance to—
(A)
a foreign government or entity located primarily inside a foreign country where a reasonable person would assess that such transfer could result in a use of the items or services in a manner contrary to human rights; or
(B)
a country or any governmental unit thereof, entity, or other person determined by the Secretary of State, in a notice published in the Federal Register, to have used items or services for targeted digital surveillance in a manner contrary to human rights; or
(2)
have materially assisted, sponsored, or provided financial, material, or technological support for, or items or services to or in support of, the activities described in paragraph (1).
(b)

Matters to be included
The report required by subsection (a) shall include the following:
(1)
The name of each foreign person that the Secretary determines—
(A)
meets the requirements of subsection (a)(1); and
(B)
meets the requirements of subsection (a)(2).
(2)
The name of each intended and actual recipient of items or services described in subsection (a).
(3)
A detailed description of such items or services.
(4)
An analysis of the appropriateness of including the persons listed in (b)(1) on the entity list maintained by the Bureau of Industry and Security.
(c)

Consultation
In compiling data and making assessments for the purposes of preparing the report required by subsection (a), the Secretary of State shall consult with a wide range of organizations, including with respect to—
(1)
classified and unclassified information provided by the Director of National Intelligence;
(2)
information provided by the Bureau of Democracy, Human Rights, and Labor’s Internet Freedom, Business and Human Rights section;
(3)
information provided by the Department of Commerce, including the Bureau of Industry and Security;
(4)
information provided by the advisory committees established by the Secretary to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations, including the Emerging Technology and Research Advisory Committee;
(5)
information on human rights and technology matters, as solicited from civil society and human rights organizations through regular consultative processes; and
(6)
information contained in the Country Reports on Human Rights Practices published annually by the Department of State.
(d)

Form and public availability of report
The report required by subsection (a) shall be submitted in unclassified form. The report shall be posted by the President not later than 14 days after being submitted to Congress on a text-based, searchable, and publicly available internet website.
(e)

Definitions
In this section:
(1)

Targeted digital surveillance
The term targeted digital surveillance means the use of items or services that enable an individual or entity to detect, monitor, intercept, collect, exploit, preserve, protect, transmit, retain, or otherwise gain access to the communications, protected information, work product, browsing data, research, identifying information, location history, or online and offline activities of other individuals, organizations, or entities, with or without the explicit authorization of such individuals, organizations, or entities.
(2)

Foreign person
The term foreign person means an individual or entity that is not a United States person.
(3)

In a manner contrary to human rights
The term in a manner contrary to human rights, with respect to targeted digital surveillance, means engaging in targeted digital surveillance—
(A)
in violation of basic human rights, including to silence dissent, sanction criticism, punish independent reporting (and sources for that reporting), manipulate or interfere with democratic or electoral processes, persecute minorities or vulnerable groups, or target advocates or practitioners of human rights and democratic rights (including activists, journalists, artists, minority communities, or opposition politicians); or
(B)
in a country in which there is lacking a minimum legal framework governing its use, including established—
(i)
authorization under laws that are accessible, precise, and available to the public;
(ii)
constraints limiting its use under principles of necessity, proportionality, and legitimacy;
(iii)
oversight by bodies independent of the government’s executive agencies;
(iv)
involvement of an independent and impartial judiciary branch in authorizing its use; or
(v)
legal remedies in case of abuse.
30405.

Report on the People’s Republic of China’s investments in foreign mining and processing industries
(a)

In general
No later than 180 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of State, in consultation with the Secretary of Commerce and Secretary of Homeland Security, shall submit to the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives and the Commitee on Foreign Relations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs a report that—
(1)
describes the involvement of the Government of the People’s Republic of China (PRC), state sponsored companies, and companies incorporated in the PRC in the exploration, planning, development, operation, production, financing, or ownership of mining or processing facilities in countries identified in the United States Geological Survey’s (USGS) Annual Mineral Commodity Summaries for which the United States imports minerals, metals, and materials; and
(2)
evaluates strategic or security concerns and implications for United States national security and economic interests and the interests of the countries identified pursuant to paragraph (1) with respect to the PRC’s involvement and influence in developing the country’s mining and processing industries.
(b)

Publication
The report required under subsection (a) shall be published on the respective websites of the Department of State, the Department of Commerce, and the Department of Homeland Security.
V

Ensuring Strategic Security
30501.

Cooperation on a strategic nuclear dialogue
(a)

Statement of policy
It is the policy of the United States—
(1)
to pursue, in coordination with United States allies and partners, arms control negotiations and sustained and regular engagement with the People’s Republic of China (PRC)—
(A)
to enhance understanding of each other’s respective nuclear policies, doctrine, and capabilities;
(B)
to improve transparency; and
(C)
to help manage the risks of miscalculation and misperception;
(2)
to formulate a strategy to engage the Government of the PRC on relevant issues that lays the groundwork for a constructive arms control framework, including—
(A)
fostering dialogue on arms control leading to the convening of strategic security talks;
(B)
negotiating norms for outer space;
(C)
developing pre-launch notification regimes aimed at reducing nuclear miscalculation; and
(D)
expanding lines of communication between both governments for the purposes of reducing the risks of conventional war and increasing transparency;
(3)
to pursue relevant negotiations in coordination with United States allies and partners to ensure the security of United States and allied interests to slow the PRC’s military modernization and expansion, including on—
(A)
ground-launched cruise and ballistic missiles;
(B)
integrated air and missile defense;
(C)
hypersonic missiles;
(D)
intelligence, surveillance, and reconnaissance;
(E)
space-based capabilities;
(F)
cyber capabilities; and
(G)
command, control, and communications; and
(4)
to ensure that the United States policy continues to reassure United States allies and partners.
(b)

Sense of Congress
It is the sense of Congress that—
(1)
it is in the interest of the United States and China to cooperate in reducing risks of conventional and nuclear escalation;
(2)
a physical, cyber, electronic, or any other People’s Liberation Army (PLA) attack on United States early warning satellites, other portions of the nuclear command and control enterprise, or critical infrastructure poses a high risk to inadvertent but rapid escalation;
(3)
the United States and its allies and partners should promote international norms on military operations in space, the employment of cyber capabilities, and the military use of artificial intelligence, as an element of risk reduction regarding nuclear command and control; and
(4)
United States allies and partners should share the burden of promoting and protecting norms regarding the weaponization of space, highlighting unsafe behavior that violates international norms, such as in rendezvous and proximity operations, and promoting responsible behavior in space and all other domains.
30502.

Report on United States efforts to engage the People’s Republic of China on nuclear issues and ballistic missile issues
(a)

Report on the future of United States-PRC arms control
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, shall submit to the appropriate congressional committees a report, and if necessary a separate classified annex, that outlines the approaches and strategies such Secretaries will pursue to engage the Government of the People’s Republic of China (PRC) on arms control and risk reduction, including—
(1)
areas of potential dialogue between the Governments of the United States and the PRC, including on ballistic, hypersonic glide, and cruise missiles, conventional forces, nuclear, space, and cyberspace issues, as well as other new strategic domains, which could reduce the likelihood of war, limit escalation if a conflict were to occur, and constrain a destabilizing arms race in the Indo-Pacific region;
(2)
how the United States Government can engage the Government of the PRC in a constructive arms control dialogue;
(3)
identifying strategic military capabilities of the PRC that the United States Government is most concerned about and how limiting these capabilities may benefit United States and allied security interests;
(4)
mechanisms to avoid, manage, or control nuclear, conventional, and unconventional military escalation between the United States and the PRC;
(5)
the personnel and expertise required to effectively engage the PRC in strategic stability and arms control dialogues; and
(6)
opportunities and methods to encourage transparency from the PRC.
(b)

Report on arms control talks with PRC
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Energy, shall submit to the appropriate congressional committees a report that describes—
(1)
a concrete plan for arms control talks with the PRC;
(2)
if a bilateral arms control dialogue does not arise, what alternative plans the Department of State envisages for ensuring the security of the United States and its allies through international arms control negotiations;
(3)
effects on the credibility of United States extended deterrence assurances to allies and partners if arms control negotiations do not materialize and the implications for regional security architectures;
(4)
efforts at engaging the PRC to join arms control talks, whether on a bilateral or international basis; and
(5)
the interest level of the Government of PRC in joining arms control talks, whether on a bilateral or international basis, including through—
(A)
a formal invitation to appropriate officials from the PRC, and to each of the permanent members of the United Nations Security Council, to observe a United States-Russian Federation New START Treaty on-site inspection to demonstrate the security benefits of transparency into strategic nuclear forces;
(B)
discussions on how to advance international negotiations on the fissile material cut-off;
(C)
an agreement with the PRC that allows for advance notifications of ballistic missile launches, through the Hague Code of Conduct or other data exchanges or doctrine discussions related to strategic nuclear forces;
(D)
an agreement not to target or interfere in nuclear command, control, and communications (commonly referred to as “NC3”) infrastructure; or
(E)
any other cooperative measure that benefits United States-PRC strategic stability.
(c)

Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Energy and Natural Resources of the Senate; and
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives.
30503.

Countering the People’s Republic of China’s proliferation of ballistic missiles and nuclear technology to the Middle East
(a)

MTCR transfers
Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a written determination, and any documentation to support that determination detailing—
(1)
whether any foreign person in the People’s Republic of China (PRC) knowingly exported, transferred, or engaged in trade of any item designated under Category I of the MTCR Annex to any foreign person in the previous three fiscal years; and
(2)
the sanctions the President has imposed or intends to impose pursuant to section 11B(b) of the Export Administration Act of 1979 (50 U.S.C. 4612(b)) against any foreign person who knowingly engaged in the export, transfer, or trade of that item or items.
(b)

PRC’s nuclear fuel cycle cooperation
Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report detailing—
(1)
whether any foreign person in the PRC engaged in cooperation with any other foreign person in the previous three fiscal years in the construction of any nuclear-related fuel cycle facility or activity that has not been notified to the International Atomic Energy Agency and would be subject to complementary access if an Additional Protocol was in force; and
(2)
the policy options required to prevent and respond to any future effort by the PRC to export to any foreign person an item classified as “plants for the separation of isotopes of uranium” or “plants for the reprocessing of irradiated nuclear reactor fuel elements” under Part 110 of the Nuclear Regulatory Commission export licensing authority.
(c)

Form of report
The determination required under subsection (b) and the report required under subsection (c) shall be unclassified with a classified annex.
(d)

Definitions
In this section:
(1)
The term appropriate congressional committees means—
(A)
the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate; and
(B)
the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives.
(2)

Foreign person; person
The terms foreign person and person mean—
(A)
a natural person that is an alien;
(B)
a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country;
(C)
any foreign governmental entity operating as a business enterprise; and
(D)
any successor, subunit, or subsidiary of any entity described in subparagraph (B) or (C).
30504.

Report on support for Biodefense Steering Committee in implementation of National Biodefense Strategy
(a)

Report
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of such other elements of the intelligence community as the Director may determine relevant, shall submit to the congressional intelligence committees a report on the efforts of the intelligence community to support the Biodefense Steering Committee in the implementation of the National Biodefense Strategy.
(b)

Matters
The report under subsection (a) shall include the following:
(1)
A description of any previous, ongoing, or planned efforts or activities of the intelligence community to support the implementation of the National Biodefense Strategy by the Biodefense Steering Committee.
(2)
An inventory and assessment of any existing strategy, plan, or policy of the intelligence community, or interagency agreement entered into by the intelligence community, that relates to the provision of support to the Biodefense Steering Committee, including for the implementation of the National Biodefense Strategy.
(3)
A description of assessed opportunities for the intelligence community to further enhance the capabilities and effectiveness of the Biodefense Steering Committee with respect to the implementation of the National Biodefense Strategy.
(4)
An assessment of foreign biological threats emanating from the territory of, or sponsored by, a covered country.
(c)

Form
The report under subsection (a) may be submitted in classified form.
(d)

Definitions
In this section:
(1)

Biodefense
The term “biodefense” includes actions to counter biological threats, reduce risks relating to biolgoical threats, and prepare for, respond to, and recover from, biological incidents.
(2)

Biodefense Steering Committee
The term “Biodefense Steering Committee” means the committee established pursuant to the presidential memorandum issued on September 18, 2018, and titled “Presidential Memorandum on the Support for National Biodefense”, or any successor to such committee.
(3)

Biological threat
The term “biological threat” includes biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures.
(4)

Congressional intelligence committees; intelligence community
The terms “congressional intelligence committees” and “intelligence community” have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5)

Covered country
The term “covered country” means—
(A)
the People’s Republic of China;
(B)
the Russian Federation;
(C)
the Islamic Republic of Iran;
(D)
the Democratic People’s Republic of Korea;
(E)
any country with a known history of, or assessed to have conditions present for, infectious disease outbreaks or epidemics; and
(F)
any other country the Director of National Intelligence determines appropriate.
(6)

Foreign biological threat
The term “foreign biological threat” means biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures to biological materials, without regard to whether the threat originates from a state actor, a non-state actor, natural conditions, or an undetermined source.
(7)

National Biodefense Strategy
The term “National Biodefense Strategy” means the strategy specified in section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104).
VI

Investing in a Sustainable Future
30601.

Ensuring national security and economic priorities with the People’s Republic of China and other countries account for environmental issues and climate change
(a)

Findings
Congress finds the following:
(1)
The Special Report: Global Warming of 1.5°C, published by the Intergovernmental Panel on Climate Change on October 8, 2018, and the Fourth National Climate Assessment, first published by the United States Global Change Research Program in 2018, concluded that—
(A)
the release of greenhouse gas emissions, most notably the combustion of fossil fuels and the degradation of natural resources that absorb atmospheric carbon from human activity, are the dominant causes of climate change during the past century;
(B)
changes in the Earth’s climate are—
(i)
causing sea levels to rise;
(ii)
increasing the global average temperature of the Earth;
(iii)
increasing the incidence and severity of wildfires; and
(iv)
intensifying the severity of extreme weather, including hurricanes, cyclones, typhoons, flooding, droughts, and other disasters that threaten human life, healthy communities, and critical infrastructure.
(2)
An increase in the global average temperature of 2 degrees Celsius compared to pre-industrialized levels would cause—
(A)
the displacement, and the forced internal migration, of an estimated 143,000,000 people in Latin America, South Asia, and Sub-Saharan Africa by 2050 if insufficient action is taken (according to the World Bank);
(B)
the displacement of an average of 17,800,000 people worldwide by floods every year (according to the Internal Displacement Monitoring Centre) because of the exacerbating effects of climate change;
(C)
more than $500,000,000,000 in lost annual economic output in the United States (a 10 percent contraction from 2018 levels) by 2100 (according to the Fourth National Climate Assessment);
(D)
an additional 100,000,000 people worldwide to be driven into poverty by 2030 (according to the World Bank);
(E)
greater food insecurity and decreased agricultural production due to climate change’s effects on the increased frequency and intensity of extreme weather events;
(F)
the proliferation of agricultural pests and crop diseases, loss of biodiversity, degrading ecosystems, and water scarcity; and
(G)
more than 350,000,000 additional people worldwide to be exposed to deadly heat stress by 2050.
(3)
According to the International Energy Agency, the United States, China, India, and the European Union (including the United Kingdom) account for more than 58 percent of global greenhouse gas emissions. China, which is the world’s top greenhouse gases emitter and has an outsized impact on the United States’ core interest in climate stability—
(A)
is likely to achieve its carbon emissions mitigation pledge to the Paris Agreement, contained in its 2015 nationally determined contribution, to “peak” emissions around 2030 ahead of schedule;
(B)
announced, on September 22, 2020, and restated on April 22, 2021, a pledge to achieve carbon neutrality by 2060;
(C)
announced on April 22, 2021, its intent to strictly control coal fired power generation projects, as well as strictly limit the increase in coal consumption over the 14th five year plan period and phase it down in the 15th five year plan period; and
(D)
however, remains uncommitted to internationally recognized metrics for achieving these goals.
(b)

Sense of Congress
It is the sense of Congress that—
(1)
to address the climate crisis, the United States must leverage the full weight of its diplomatic engagement and foreign assistance to promote our national security and economic interests related to climate change;
(2)
in the absence of United States leadership on global issues driving international climate-related policymaking, it would lead to a substantial and harmful decline in the Nation’s global competitiveness;
(3)
promoting international instruments on climate action and other relevant international standards and best practices, as such standards and practices develop, serve the interests of the American people and protect United States environmental resources and the planet;
(4)
promoting the adoption and implementation of international climate-related agreements, standards, and practices by foreign states ensures a level playing field for United States businesses and other stakeholders;
(5)
working with international allies and partners to promote environmental justice and climate justice serves the American people’s interests;
(6)
finding common ground with the People’s Republic of China (PRC) on climate action where possible is important, but the United States must also continue to hold the PRC accountable where its actions undermine the interests of the United States and its allies and partners;
(7)
and in furtherance of the previous clauses, the United States should—
(A)
explore opportunities for constructive cooperation on climate action initiatives with the PRC and other countries while ensuring the United States maintains its competitive advantage in climate-related fields of expertise and industry, including—
(i)
support for international cooperative policies, measures, and technologies to decarbonize industry and power, including through circular economy, energy storage and grid reliability, carbon capture, and green hydrogen; and
(ii)
increased deployment of clean energy, including renewable and advanced nuclear power; green and climate resilient agriculture; energy efficient buildings; green, and low-carbon transportation;
(B)
cooperate on addressing emissions of methane and other non-CO_2 greenhouse gases;
(C)
cooperate on addressing emissions from international civil aviation and maritime activities;
(D)
reduce emissions from coal, oil, and gas;
(E)
implement the Paris Agreement that significantly advances global climate ambition on mitigation, adaptation, and support;
(F)
coordinate among relevant Federal, State, and local departments and agencies on climate action related initiatives;
(G)
provide resources, authorities and support for enhancing United States ambition and commitment to solving the climate crisis including climate action specific assistance and multilateral fund contributions; and
(H)
integrate considerations for climate change into broader United States foreign policy decision-making and the United States national security apparatus.
(c)

Purpose
The purpose of this section is to provide authorities, resources, policies, and recommended administrative actions—
(1)
to restore United States global leadership on addressing the climate crisis and make United States climate action and climate diplomacy a more central tenet of United States foreign policy;
(2)
to improve the United States commitment to taking more ambitious action to help mitigate global greenhouse gas emission and improve developing countries’ resilience and adaptation capacities to the effects of climate change;
(3)
to ensure the United States maintains competitive advantage over global strategic competitors in diplomacy and new technological development;
(4)
to encourage the pursuit of new bilateral cooperation agreements with other world powers on initiatives to advance global clean energy innovation and other measures to mitigate global greenhouse gas emissions and improve climate change adaptation capacities;
(5)
to ensure that the United States national security apparatus integrates critically important data on the compounding effects that climate change is having on global security risks by enhancing our understanding of how, where, and when such effects are destabilizing countries and regions in ways that may motivate conflict, displacement, and other drivers of insecurity; and
(6)
to authorize funding and programs to support a reaffirmation of the United States’ commitments to international cooperation and support for developing and vulnerable countries to take climate action.
(d)

Definitions
In this title:
(1)

Clean energy
The term clean energy means—
(A)
renewable energy and related systems;
(B)
energy production processes that emit zero greenhouse gas emissions, including nuclear power; and
(C)
systems and processes that capture and permanently store greenhouse gas emissions from fossil fuel production and electricity generation units.
(2)

Climate action
The term climate action means enhanced efforts to reduce greenhouse gas emissions and strengthen resilience and adaptive capacity to climate-induced impacts, including—
(A)
climate-related hazards in all countries;
(B)
integrating climate change measures into national policies, strategies and planning; and
(C)
improving education, awareness-raising, and human and institutional capacity with respect to climate change mitigation, adaptation, impact reduction, and early warning.
(3)

Climate crisis
The term climate crisis means the social, economic, health, safety, and security impacts on people, and the threats to biodiversity and natural ecosystem health, which are attributable to the wide-variety of effects on global environmental and atmospheric conditions as a result of disruptions to the Earth’s climate from anthropogenic activities that generate greenhouse gas emissions or reduce natural resource capacities to absorb and regulate atmospheric carbon.
(4)

Climate diplomacy
The term climate diplomacy means methods of influencing the decisions and behavior of foreign governments and peoples through dialogue, negotiation, cooperation, and other peaceful measures on or about issues related to addressing global climate change, including—
(A)
the mitigation of global greenhouse gas emissions;
(B)
discussion, analysis, and sharing of scientific data and information on the cause and effects of climate change;
(C)
the security, social, economic, and political instability risks associated with the effects of climate change;
(D)
economic cooperation efforts that are related to or associated with climate change and greenhouse gas mitigation from the global economy;
(E)
building resilience capacities and adapting to the effects of change;
(F)
sustainable land use and natural resource conservation;
(G)
accounting for loss and damage attributed to the effects of climate change;
(H)
just transition of carbon intense economies to low or zero carbon economies and accounting for laborers within affected economies;
(I)
technological innovations that reduce or eliminate carbon emissions; and
(J)
clean energy and energy systems.
(5)

Climate financing
The term climate financing means the transfer of new and additional public funds from developed countries to developing countries for projects and programs that—
(A)
reduce or eliminate greenhouse gas emissions;
(B)
enhance and restore natural carbon sequestration; and
(C)
promote adaptation to climate change.
(6)

Climate security
The term climate security means the effects of climate change on—
(A)
United States national security concerns and subnational, national, and regional political stability; and
(B)
overseas security and conflict situations that are potentially exacerbated by dynamic environmental factors and events, including—
(i)
the intensification and frequency of droughts, floods, wildfires, tropical storms, and other extreme weather events;
(ii)
changes in historical severe weather, drought, and wildfire patterns;
(iii)
the expansion of geographical ranges of droughts, floods, and wildfires into regions that had not regularly experienced such phenomena;
(iv)
global sea level rise patterns and the expansion of geographical ranges affected by drought; and
(v)
changes in marine environments that effect critical geostrategic waterways, such as the Arctic Ocean, the South China Sea, the South Pacific Ocean, the Barents Sea, and the Beaufort Sea.
(7)

Green climate fund
The term Green Climate Fund means the independent, multilateral fund—
(A)
established by parties to the United Nations Framework Convention on Climate Change; and
(B)
adopted by decision as part of the financial mechanism of the United Nations Framework Convention on Climate Change.
(8)

Paris agreement
The term Paris Agreement means the annex to Decision 1/CP.21 adopted by the 21st Conference of Parties of the United Nations Framework Convention on Climate Change in Paris, France, on December 12, 2015.
(9)

Resilience
The term resilience means the ability of human made and natural systems (including their component parts) to anticipate, absorb, cope, accommodate, or recover from the effects of a hazardous event in a timely and efficient manner, including through ensuring the preservation, restoration, or improvement of its essential basic structures and functions. It is not preparedness or response.
(e)

Annual briefing
Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Department of State, in consultation with the heads of other relevant Federal departments and agencies, shall provide a briefing to relevant Committees of the House of Representatives and the Senate regarding the progress and efforts of the PRC to achieve the goals and commitments stated in subsection (a)(3).
30602.

Enhancing security considerations for global climate disruptions
(a)

In general
The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall conduct biennial comprehensive evaluations of present and ongoing disruptions to the global climate system, including—
(1)
the intensity, frequency, and range of natural disasters;
(2)
the scarcity of global natural resources, including fresh water;
(3)
global food, health, and energy insecurities;
(4)
conditions that contribute to—
(A)
intrastate and interstate conflicts;
(B)
foreign political and economic instability;
(C)
international migration of vulnerable and underserved populations;
(D)
the failure of national governments; and
(E)
gender-based violence; and
(5)
United States and allied military readiness, operations, and strategy.
(b)

Purposes
The purposes of the evaluations conducted under subsection (a) are—
(1)
to support the practical application of scientific data and research on climate change’s dynamic effects around the world to improve resilience, adaptability, security, and stability despite growing global environmental risks and changes;
(2)
to ensure that the strategic planning and mission execution of United States international development and diplomatic missions adequately account for heightened and dynamic risks and challenges associated with the effects of climate change;
(3)
to improve coordination between United States science agencies conducting research and forecasts on the causes and effects of climate change and United States national security agencies;
(4)
to better understand the disproportionate effects of global climate disruptions on women, girls, indigenous communities, and other historically marginalized populations; and
(5)
to inform the development of the climate security strategy described in subsection (d).
(c)

Scope
The evaluations conducted under subsection (a) shall—
(1)
examine developing countries’ vulnerabilities and risks associated with global, regional, and localized effects of climate change; and
(2)
assess and make recommendations on necessary measures to mitigate risks and reduce vulnerabilities associated with effects, including—
(A)
sea level rise;
(B)
freshwater resource scarcity;
(C)
wildfires; and
(D)
increased intensity and frequency of extreme weather conditions and events, such as flooding, drought, and extreme storm events, including tropical cyclones.
(d)

Climate security strategy
The Secretary shall use the evaluations required under subsection (a)—
(1)
to inform the development and implementation of a climate security strategy for the Bureau of Conflict and Stabilization Operations, the Bureau of Political-Military Affairs, embassies, consulates, regional bureaus, and other offices and programs operating chief of mission authority, including those with roles in conflict avoidance, prevention and security assistance, or humanitarian disaster response, prevention, and assistance; and
(2)
in furtherance of such strategy, to assess, develop, budget for, and (upon approval) implement plans, policies, and actions—
(A)
to account for the impacts of climate change to global human health, safety, governance, oceans, food production, fresh water and other critical natural resources, settlements, infrastructure, marginalized groups, and economic activity;
(B)
to evaluate the climate change vulnerability, security, susceptibility, and resiliency of United States interests and non-defense assets abroad;
(C)
to coordinate the integration of climate change risk and vulnerability assessments into all foreign policy and security decision-making processes, including awarding foreign assistance;
(D)
to evaluate specific risks to certain regions and countries that are—
(i)
vulnerable to the effects of climate change; and
(ii)
strategically significant to the United States;
(E)
to enhance the resilience capacities of foreign countries to the effects of climate change as a means of reducing the risks of conflict and instability;
(F)
to advance principles of good governance by encouraging foreign governments, particularly nations that are least capable of coping with the effects of climate change—
(i)
to conduct climate security evaluations; and
(ii)
to facilitate the development of climate security action plans to ensure stability and public safety in disaster situations in a humane and responsible fashion;
(G)
to evaluate the vulnerability, security, susceptibility, and resiliency of United States interests and nondefense assets abroad;
(H)
to build international institutional capacity to address climate security implications and to advance United States interests, regional stability, and global security; and
(I)
other activities that advance—
(i)
the utilization and integration of climate science in national security planning; and
(ii)
the clear understanding of how the effects of climate change can exacerbate security risks and threats.
(e)

Report
Not later than 180 days after the date of the enactment of this Act and every two years thereafter for the following 20 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives an unclassified report, with a classified annex if necessary, that includes—
(1)
a review of the efforts, initiatives, and programs in support of the strategy in subsection (c), as well as—
(A)
an assessment of the funding expended by relevant Federal departments and agencies on emerging events exacerbated by climate change and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support the prevention of and response to emerging events exacerbated by climate change;
(B)
current annual global assessments of emerging events exacerbated by climate change;
(C)
recommendations to further strengthen United States capabilities described in this section; and
(D)
consideration of analysis, reporting, and policy recommendations by civil society, academic, and nongovernmental organizations and institutions, and partner countries to prevent and respond to emerging events exacerbated by climate change;
(2)
recommendations to ensure shared responsibility by—
(A)
enhancing multilateral mechanisms for preventing, mitigating, and responding to emerging events exacerbated by climate change; and
(B)
strengthening regional organizations; and
(3)
the implementation status of the recommendations included in the review under paragraph (1).
(f)

Report by the director of national intelligence
The Director of National Intelligence is encouraged to include, in the Director’s annual (or more often as appropriate) unclassified testimony, accompanied by a classified annex, if necessary, to Congress (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) on threats to United States national security—
(1)
a review of countries and regions at risk of emerging events exacerbated by climate change; and
(2)
whenever possible, specific identification of countries and regions at immediate risk of emerging events exacerbated by climate change.
30603.

Balancing accountability and cooperation with China
It is the sense of Congress that—
(1)
successful mitigation of global greenhouse gas emissions and changes to the environment require global cooperation and coordination of efforts, as well as holding other countries such as the People’s Republic of China (PRC) accountable for their actions and commitments to ensure a level playing field with the United States and its allies and partners;
(2)
other countries look toward the United States and the PRC, as the world’s largest emitters and largest economies, for leadership by example to effectively mitigate greenhouse gas emissions, develop and deploy energy generation technologies, and integrate sustainable adaptation solutions to the inevitable effects of climate change;
(3)
given the volume of the PRC’s greenhouse gas emissions and the scientific imperative to swiftly reduce global greenhouse gas emissions to net-zero emissions around 2050, China should—
(A)
revise its long-term pledge;
(B)
seek to immediately peak its emissions;
(C)
begin reducing its greenhouse gas emissions significantly to meet a more ambitious long-term 2050 reductions target; and
(D)
update its nationally determined contribution along a trajectory that aligns with achieving a more ambitious net-zero by 2050 emissions target;
(4)
it is in the United States national interest to emphasize the environment and climate change in its bilateral engagement with the PRC, as global climate risks cannot be mitigated without a significant reduction in PRC domestic and overseas emissions;
(5)
the United States and the PRC, to the extent practicable, should coordinate on making and delivering ambitious pledges to reduce greenhouse gas emissions, with aspirations towards achieving net zero greenhouse gas emissions by 2050;
(6)
the United States and its allies and partners should work together, using diplomatic and economic tools, to hold the PRC accountable for any failure by the PRC—
(A)
to increase ambition in its 2030 nationally determined contribution, in line with net zero greenhouse gas emissions by 2050 before the 26th Conference of the Parties to the UNFCCC scheduled for November 2021 and meeting a more ambitious nationally determined contribution;
(B)
to work faithfully to uphold the principles, goals, and rules of the Paris Agreement;
(C)
to avoid and prohibit efforts to undermine or devolve the Paris Agreement’s rule or underlying framework, particularly within areas of accountability transparency, and shared responsibility among all parties;
(D)
to eliminate greenhouse gas intensive projects from the PRC’s Belt and Road Initiative and other overseas investments, including—
(i)
working with United States allies and partners to eliminate support for coal power production projects in the Belt and Road Initiative;
(ii)
providing financing and project support for cleaner and less risky alternatives; and
(iii)
undertaking “parallel initiatives” to enhance capacity building programs and overseas sustainable investment criteria, including in areas such as integrated energy planning, power sector reform, just transition, distributed generation, procurement, transparency, and standards to support low-emissions growth in developing countries; and
(E)
to phase out existing coal power plants and reduce net coal power production;
(7)
the United States should pursue confidence-building opportunities for the United States and the PRC to undertake “parallel initiatives” on clean energy research, development, finance, and deployment, including through economic and stimulus measures with clear, mutually agreed upon rules and policies to protect intellectual property, ensure equitable, nonpunitive provision of support, and verify implementation, which would provide catalytic progress towards delivering a global clean energy transformation that benefits all people;
(8)
the United States should pursue cooperative initiatives to reduce global deforestation, including efforts to shift toward the import and consummation of forest and agricultural commodities that are produced in a manner that does not contribute to deforestation;
(9)
the United States should pursue appropriate scientific cooperative exchanges and research that align with United States interests and those of its international partners and allies, provide reciprocity of access, protect intellectual property rights, and preserve the values and human rights interests of the American people;
(10)
the U.S. Special Presidential Envoy for Climate should seek to work with other countries to require China end its classification of “developing nation” within the Paris Agreement; and
(11)
the United States should seek to require the Chinese Communist Party to match emission cutting targets established by the United States.
30604.

Promoting responsible development alternatives to the People’s Republic of China’s Belt and Road Initiative
(a)

In general
The President should seek opportunities to partner with multilateral development finance institutions to develop financing tools based on shared development finance criteria and mechanisms to support investments in developing countries that—
(1)
support low carbon economic development; and
(2)
promote resiliency and adaptation to environmental changes and natural disasters.
(b)

Partnership agreement
The Chief Executive Officer of the United States International Development Finance Corporation should seek to partner with other multilateral development finance institutions and development finance institutions to leverage the respective available funds to support low carbon economic development, which may include clean energy including renewable and nuclear energy projects, environmental adaptation, and resilience activities in countries.
(c)

Co-Financing of infrastructure projects
(1)

Authorization
Subject to paragraph (2), the Secretary of State, the Administrator of the United States Agency for International Development, and the heads of other relevant Federal agencies are authorized to co-finance infrastructure, resilience, and environmental adaptation projects that advance the development objectives of the United States overseas and provide viable alternatives to projects that would otherwise be included within the People’s Republic of China’s Belt and Road Initiative.
(2)

Conditions
Co-financing arrangements authorized pursuant to paragraph (1) may not be approved unless—
(A)
the projects to be financed—
(i)
promote the public good;
(ii)
promote United States national security or economic interests;
(iii)
promote low carbon emissions, including clean energy renewable and nuclear energy projects; and
(iv)
will have substantially lower environmental impact than the proposed Belt and Road Initiative alternative; and
(B)
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, as well as the relevant committees of jurisdiction for the House of Representatives and Senate with oversight of the Federal agency engaged in the co-financing relationship, are notified not later than 15 days in advance of entering into such co-financing arrangements.
30605.

Using climate diplomacy to better serve national security and economic interests
(a)

In general
The President and the Secretary of State shall prioritize climate action and climate diplomacy in United States foreign policy by—
(1)
ensuring diplomacy, support, and interagency coordination for bilateral and multilateral actions to address the climate crisis; and
(2)
improving coordination and integration of climate action across all bureaus and United States missions abroad.
(b)

Climate action integration
The Secretary of State shall—
(1)
prioritize climate action and clean energy within the bureaus and offices under the leadership of the Under Secretary for Economic Growth, Energy, and the Environment;
(2)
ensure that such bureaus and offices are coordinating with other bureaus of the Department of State regarding the integration of climate action and climate diplomacy as a cross-cutting imperative across the Department of State;
(3)
encourage all Under Secretaries of State—
(A)
to assess how issues related to climate change and United States climate action are integrated into their operations and programs;
(B)
to coordinate crosscutting actions and diplomatic efforts that relate to climate action; and
(C)
to make available the technical assistance and resources of the bureaus and offices with relevant expertise to provide technical assistance and expert support to other bureaus within the Department of State regarding climate action, clean energy development, and climate diplomacy;
(4)
manage the integration of scientific data on the current and anticipated effects of climate change into applied strategies and diplomatic engagements across programmatic and regional bureaus of the Department of State and into the Department of State’s decision making processes;
(5)
ensure that the relevant bureaus and offices provide appropriate technical support and resources—
(A)
to the President, the Secretary of State, and their respective designees charged with addressing climate change and associated issues;
(B)
to United States diplomats advancing United States foreign policy related to climate action; and
(C)
for the appropriate engagement and integration of relevant domestic agencies in international climate change affairs, including United States participation in multilateral fora; and
(6)
carry out other activities, as directed by the Secretary of State, that advance United States climate-related foreign policy objectives, including global greenhouse gas mitigation, climate change adaptation activities, and global climate security.
(c)

Responsibilities of the under secretary of state for political affairs
The Under Secretary of State for Political Affairs shall ensure that all foreign missions are—
(1)
advancing United States bilateral climate diplomacy;
(2)
engaging strategically on opportunities for bilateral climate action cooperation with foreign governments; and
(3)
utilizing the technical resources and coordinating adequately with the bureaus reporting to the Under Secretary of State for Economic Growth, Energy and the Environment.
(d)

Report
Not later than 200 days after the date of the enactment of this Act, the Under Secretary of State for Economic Growth, Energy, and the Environment, in cooperation with the Under Secretary of State for Political Affairs, shall submit to the appropriate congressional committees a report that—
(1)
assesses how climate action and United States climate diplomacy is integrated across the Bureaus of the Department of State; and
(2)
includes recommendations on strategies to improve cross bureau coordination and understanding of United States climate action and climate diplomacy.
(e)

Effect of elimination of positions
If the positions of Under Secretary of State for Economic Growth, Energy, and the Environment and the Undersecretary of State for Political Affairs are eliminated or undergo name changes, the responsibilities of such Under Secretaries under this section shall be reassigned to other Under Secretaries of State, as appropriate.
(f)

Climate change officers
(1)

In general
The Secretary of State shall establish and staff Climate Change Officer positions. Such Officers shall serve under the supervision of the appropriate chief of mission or the Under Secretary for Economic Growth, Energy, and the Environment of the Department of State, as the case may be. The Secretary shall ensure each embassy, consulate, and diplomatic mission to which such Officers are assigned pursuant to paragraph (2) has sufficient additional and appropriate staff to support such Officers.
(2)

Assignment
Climate Change Officers shall be assigned to the following posts:
(A)
United States embassies, or, if appropriate, consulates.
(B)
United States diplomatic missions to, or liaisons with, regional and multilateral organizations, including the United States diplomatic missions to the European Union, African Union, Organization of American States, Arctic Council, and any other appropriate regional organization, and the United Nations and its relevant specialized agencies.
(C)
Other posts as designated by the Secretary.
(3)

Responsibilities
Each Climate Change Officer shall—
(A)
provide expertise on effective approaches to—
(i)
mitigate the emission of gases which contribute to global climate change and formulate national and global plans for reducing such gross and net emissions; and
(ii)
reduce the detrimental impacts attributable to global climate change, and adapt to such impacts;
(B)
engage and convene, in a manner that is equitable, inclusive, and just, with individuals and organizations which represent a government office, a nongovernmental organization, a social or political movement, a private sector entity, an educational or scientific institution, or any other entity concerned with—
(i)
global climate change; the emission of gases which contribute to global climate change; or
(ii)
reducing the detrimental impacts attributable to global climate change;
(C)
facilitate engagement by United States entities in bilateral and multilateral cooperation on climate change; and
(D)
carry out such other responsibilities as the Secretary may assign.
(4)

Responsibilities of under secretary
The Under Secretary for Economic Growth, Energy, and the Environment of the Department of State shall, including by acting through the Bureau of Oceans and International Environmental and Scientific Affairs of the Department of State—
(A)
provide policy guidance to Climate Change Officers established under this subsection;
(B)
develop relations with, consult with, and provide assistance to relevant individuals and organizations concerned with studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change; and
(C)
assist officers and employees of regional bureaus of the Department of State to develop strategies and programs to promote studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change.
(g)

Actions by chiefs of mission
Each chief of mission in a foreign country shall—
(1)
develop, as part of annual joint strategic plans or equivalent program and policy planning, a strategy to promote actions to improve and increase studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change by—
(A)
consulting and coordinating with and providing support to relevant individuals and organizations, including experts and other professionals and stakeholders on issues related to climate change; and
(B)
holding periodic meetings with such relevant individuals and organizations relating to such strategy; and
(2)
hold ongoing discussions with the officials and leaders of such country regarding progress to improve and increase studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change in a manner that is equitable, inclusive, and just in such country; and
(3)
certify annually to the Secretary of State that to the maximum extent practicable, considerations related to climate change adaptation and mitigation, sustainability, and the environment were incorporated in activities, management, and operations of the United States embassy or other diplomatic post under the director of the chief of mission.
(h)

Training
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish curriculum at the Department of State’s Foreign Service Institute that supplements political and economic reporting tradecraft courses in order to provide employees of the Department with specialized training with respect to studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change. Such training shall include the following:
(1)
Awareness of the full range of national and subnational agencies, offices, personnel, statutory authorities, funds, and programs involved in the international commitments of the United States regarding global climate change and the emission of gases which contribute to global climate change, the science of global climate change, and methods for mitigating and adapting to global climate change.
(2)
Awareness of methods for mitigating and adapting to global climate change and reducing the emission of gases which contribute to global climate change that are equitable, inclusive, and just.
(3)
Familiarity with United States agencies, multilateral agencies, international financial institutions, and the network of donors providing assistance to mitigate and adapt to global climate change.
(4)
Awareness of the most frequently announced goals and methods of the entities specified in subsection (f)(3)(B).
(i)

Contracting
Contracting and agreements officers of the Department of State, and other United States embassy personnel responsible for contracts, grants, or acquisitions, shall receive training on evaluating proposals, solicitations, and bids, for considerations related to sustainability and adapting to or mitigating impacts from climate change.
(j)

Reporting
Not later than 180 days after the date of the enactment of this Act and biennially thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that includes a detailed breakdown of posts at which staff are assigned the role of Climate Change Officer, the responsibilities to which they have been assigned, and the strategies developed by the chief of mission, as applicable.
(k)

Climate change support and financing
The Secretary of State shall facilitate the coordination among the Department of State and other relevant Federal departments and agencies toward contributing technical cooperation, engagement, development finance, or foreign assistance relevant to United States international climate action and in support of United States climate diplomacy.
(l)

Sense of congress
It is the sense of Congress that climate diplomacy tools as described in this section are critical for demonstrating the commitment to include climate changes issues as core tenets of foreign policy priorities, as well as preserving the United States’ role as a global leader on climate change action.
30606.

Driving a global climate change resilience strategy
(a)

Amendment
Section 117 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151p) is amended—
(1)
in subsection (b)—
(A)
by inserting “(1)” after “(b)”; and
(B)
by adding at the end the following:
“(2)
(A)
The President is authorized to furnish assistance to programs and initiatives that—
(i)
promote resilience among communities facing harmful impacts from climate change; and
(ii)
reduce the vulnerability of persons affected by climate change.
(B)
There shall be, in the Department of State, a Coordinator of Climate Change Resilience.”; and
(2)
by adding at the end the following:
“(d)
(1)
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and any other Federal agency the President determines appropriate, shall establish a comprehensive, integrated, 10-year strategy, which shall be referred to as the “Global Climate Change Resilience Strategy”, to mitigate the impacts of climate change on displacement and humanitarian emergencies.
(2)
The Global Climate Change Resilience Strategy shall—
(A)
focus on addressing slow-onset and rapid-onset effects of events caused by climate change, consider the effects of events caused by climate change, and describe the key features of successful strategies to prevent such conditions;
(B)
include specific objectives and multisectoral approaches to the effects of events caused by climate change;
(C)
promote United States national security and economic interests while leading international climate-related policymaking efforts, on which the absence of United States leadership would lead to a substantial and harmful decline in the nation’s global competitiveness;
(D)
promote international instruments on climate action and other relevant international standards and best practices, as such standards and practices develop, that serve the interests of the American people and protect United States environmental resources and the planet;
(E)
promote the adoption and implementation of such international climate-related agreements, standards, and practices by foreign states;
(F)
work with United States allies and partners to ensure a level playing field exists when it comes to climate action and to encourage and assist foreign countries to make similar or even greater commitments than the United States;
(G)
describe approaches that ensure national leadership, as appropriate, and substantively engage with civil society, local partners, and the affected communities, including marginalized populations and underserved populations, in the design, implementation, and monitoring of climate change programs to best safeguard the future of those subject to displacement;
(H)
assign roles for relevant Federal agencies to avoid duplication of efforts, while ensuring that—
(i)
the Department of State is responsible for—
(I)
leading the Global Climate Change Resilience Strategy;
(II)
establishing United States foreign policy;
(III)
advancing diplomatic and political efforts; and
(IV)
guiding security assistance and related civilian security efforts to mitigate climate change threats;
(ii)
the United States Agency for International Development is—
(I)
responsible for overseeing programs to prevent the effects of events caused by climate change;
(II)
the lead implementing agency for development and related nonsecurity program policy related to building resilience and achieving recovery; and
(III)
responsible for providing overseas humanitarian assistance to respond to international and internal displacement caused by climate change and to coordinate the pursuit of durable solutions for climate-displaced persons; and
(iii)
other Federal agencies support the activities of the Department of State and the United States Agency for International Development, as appropriate, with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development;
(I)
describe programs that agencies will undertake to achieve the stated objectives, including descriptions of existing programs and funding by fiscal year and account;
(J)
identify mechanisms to improve coordination between the United States, foreign governments, and international organizations, including the World Bank, the United Nations, regional organizations, and private sector organizations;
(K)
address efforts to expand public-private partnerships and leverage private sector resources;
(L)
describe the criteria, metrics, and mechanisms for monitoring and evaluation of programs and objectives in the Global Climate Change Resilience Strategy;
(M)
describe how the Global Climate Change Resilience Strategy will ensure that programs are country-led and context-specific;
(N)
establish a program to monitor climate and social conditions to anticipate and prevent climate and environmental stressors from evolving into national security risks;
(O)
include an assessment of climate risks in the Department of State’s Quadrennial Diplomacy and Development Review;
(P)
prioritize foreign aid, to the extent practicable, for international climate resilience in support of this Global Climate Change Resilience Strategy; and
(Q)
include environmental defenders to mitigate the impacts of climate change and work with allies and partners to ensure a level playing field exists when it comes to climate action.
(3)
Not later than 270 days after the date of the enactment of this subsection, and annually thereafter, the President shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, based in part on the information collected pursuant to this section, that details the Global Climate Change Resilience Strategy. The report shall be submitted in unclassified form, but may include a classified annex, if necessary.
(4)
Not later than 180 days after the date of the enactment of this subsection, the Secretary of State and the Coordinator of Global Climate Change Resilience shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress made by the Federal Government in implementing the Global Climate Change Resilience Strategy.
(5)
(A)
Not later than 270 days after the date of the enactment of this subsection, and annually thereafter, the Comptroller General of the United States, in cooperation and consultation with the Secretary of State, shall produce a report evaluating the progress that the Federal Government has made toward incorporating climate change into department and agency policies, including the resources that have been allocated for such purpose.
(B)
The report required under subparagraph (A) shall assess—
(i)
the degree to which the Department of State and the United States Agency for International Development (USAID) are—
(I)
developing climate change risk assessments; and
(II)
providing guidance to missions on how to include climate change risks in their integrated country strategies;
(ii)
whether the Department of State and USAID have sufficient resources to fulfill the requirements described in paragraph (2); and
(iii)
any areas in which the Department of State and USAID may lack sufficient resources to fulfill such requirements.”.
(b)

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Global Climate Change Resilience Strategy.
30607.

Addressing international climate change mitigation, adaptation, and security
(a)

Definitions
In this section:
(1)

Convention
The term Convention means the United Nations Framework Convention on Climate Change, done at New York May 9, 1992, and entered into force March 21, 1994.
(2)

Most vulnerable communities and populations
The term most vulnerable communities and populations means communities and populations that are at risk of substantial adverse effects of climate change and have limited capacity to respond to such effects, including women, impoverished communities, children, indigenous peoples, and informal workers.
(3)

Most vulnerable developing countries
The term most vulnerable developing countries means, as determined by the Administrator of the United States Agency for International Development, developing countries that are at risk of substantial adverse effects of climate change and have limited capacity to respond to such effects, considering the approaches included in any international treaties and agreements.
(4)

Program
The term Program means the International Climate Change Adaptation, Mitigation, and Security Program established pursuant to subsection (c).
(b)

Purpose
The purpose of this section is to provide authorities for additional, new, current, and ongoing bilateral and regional international development assistance, and, as appropriate, to leverage private resources, in support of host country driven projects, planning, policies, and initiatives designed to improve the ability of host countries—
(1)
to primarily produce reliable renewable energy and reduce or mitigate carbon emissions from the power sector while facilitating the transition in key global markets from electricity generated from fossil fuel power to low-cost clean energy sources, in a manner that is equitable for workers and communities;
(2)
to adapt and become more resilient to current and forecasted effects of climate change; and
(3)
to employ—
(A)
sustainable land use practices that mitigate desertification and reduce greenhouse gas emissions from deforestation and forest degradation; and
(B)
agricultural production practices that reduce poverty while improving soil health, protecting water quality, and increasing food security and nutrition.
(c)

Establishment of program
The Secretary of State, in coordination with the Secretary of the Treasury and the Administrator of the United States Agency for International Development (USAID), shall establish a program, to be known as the “International Climate Change Adaptation, Mitigation, and Security Program”, to provide bilateral and regional assistance to developing countries for programs, projects, and activities described in subsection (e).
(d)

Supplement not supplant
Assistance provided under this section shall be used to supplement, and not to supplant, any other Federal, State, or local resources available to carry out activities that fit the characteristics of the Program.
(e)

Policy
It shall be the policy of the United States to ensure that the Program provides resources to developing countries, particularly the most vulnerable communities and populations in such countries, to support the development and implementation of programs, projects, and activities that—
(1)
reduce greenhouse gas emissions through the integration and deployment of clean energy, including transmission, distribution, and interconnections to renewable energy, while facilitating the transition from electricity generated from fossil fuel power to low-cost renewable energy sources, in a manner that is equitable for workers and communities;
(2)
address financial or other barriers to the widespread deployment of clean energy technologies that reduce, sequester, or avoid greenhouse gas emissions;
(3)
improve the availability, viability, and accessibility of zero emission vehicles, including support for design and development of transportation networks and land use practices that mitigate carbon emissions in the transportation sector;
(4)
support building capacities that may include—
(A)
developing and implementing methodologies and programs for measuring greenhouse gas emissions and verifying emissions mitigation, including building capacities to conduct emissions inventories and meet reporting requirements under the Paris Agreement;
(B)
assessing, developing, and implementing technology and policy options for greenhouse gas emissions mitigation and avoidance of future emissions, including sector-based and cross-sector mitigation strategies;
(C)
enhancing the technical capacity of regulatory authorities, planning agencies, and related institutions in developing countries to improve the deployment of clean energy technologies and practices, including through increased transparency;
(D)
training and instruction regarding the installation and maintenance of renewable energy technologies; and
(E)
activities that support the development and implementation of frameworks for intellectual property rights in developing countries;
(5)
improve resilience, sustainable economic growth, and adaptation capacities in response to the effects of climate change;
(6)
promote appropriate job training and access to new job opportunities in new economic sectors and industries that emerge due to the transition from fossil fuel energy to clean energy;
(7)
reduce the vulnerability and increase the resilience capacities of communities to the effects of climate change, including effects on—
(A)
water availability;
(B)
agricultural productivity and food security;
(C)
flood risk;
(D)
coastal resources;
(E)
biodiversity;
(F)
economic livelihoods;
(G)
health and diseases;
(H)
housing and shelter; and
(I)
human migration;
(8)
help countries and communities adapt to changes in the environment through enhanced community planning, preparedness, and growth strategies that take into account current and forecasted regional and localized effects of climate change;
(9)
conserve and restore natural resources, ecosystems, and biodiversity threatened by the effects of climate change to ensure such resources, ecosystems, and biodiversity are healthy and continue to provide natural protections from the effects of climate change such as extreme weather;
(10)
provide resources, information, scientific data and modeling, innovative best practices, and technical assistance to support vulnerable developing countries to adapt to the effects of climate change;
(11)
promote sustainable and climate-resilient societies, including through improvements to make critical infrastructure less vulnerable to the effects of climate change;
(12)
encourage the adoption of policies and measures, including sector-based and cross-sector policies and measures, that substantially reduce, sequester, or avoid greenhouse gas emissions from the domestic energy and transportation sectors of developing countries;
(13)
reduce deforestation and land degradation to reduce greenhouse gas emissions and implement sustainable forestry practices;
(14)
promote sustainable land use activities, including supporting development planning, design, and construction with respect to transportation systems and land use;
(15)
promote sustainable agricultural practices that mitigate carbon emissions, conserve soil, and improve food and water security of communities;
(16)
foster partnerships with private sector entities and nongovernmental international development organizations to assist with developing solutions and economic opportunities that support projects, planning, policies, and initiatives described in subsection (b);
(17)
provide technical assistance and strengthen capacities of developing countries to meet the goals of the conditional nationally determined contributions of those countries;
(18)
establish investment channels designed to leverage private sector financing in—
(A)
clean energy;
(B)
sustainable agriculture and natural resource management; and
(C)
the transportation sector as described in paragraph (3); and
(19)
provide technical assistance and support for non-extractive activities that provide alternative economic growth opportunities while preserving critical habitats and natural carbon sinks.
(f)

Provision of assistance
(1)

In general
The Administrator of USAID, in consultation with other Federal departments and agencies, shall provide assistance under the Program—
(A)
in the form of bilateral assistance pursuant to the requirements under subsection (g);
(B)
to multilateral funds or international institutions with programs for climate mitigation or adaptation in developing countries consistent with the policy described in subsection (e); or
(C)
through a combination of the mechanisms specified in subparagraphs (A) and (B).
(2)

Limitation
(A)

Conditional distribution to multilateral funds or international institutions
In any fiscal year, the Administrator of USAID may provide up to 40 percent of the assistance available to carry out the Program to 1 or more multilateral funds or international institutions that meet the requirements of subparagraph (B).
(B)

Multilateral fund or international institution eligibility
A multilateral fund or international institution is eligible to receive assistance under subparagraph (A)—
(i)
if—
(I)
such fund or institution is established pursuant to—
- (aa)
the Convention; or
- (bb)
an agreement negotiated under the Convention; or
(II)
the assistance is directed to 1 or more multilateral funds or international development institutions, pursuant to an agreement negotiated under the Convention; and
(ii)
if such fund or institution—
(I)
specifies the terms and conditions under which the United States is to provide assistance to the fund or institution, and under which the fund or institution is to provide assistance to recipient countries;
(II)
ensures that assistance from the United States to the fund or institution and the principal and income of the fund or institution are disbursed only—
- (aa)
to support projects, planning, policies, and initiatives described in subsection (b);
- (bb)
consistent with the policy described in subsection (e); and
- (cc)
in regular consultation with relevant governing bodies of the fund or institution that—
(AA)
include representation from countries among the most vulnerable developing countries; and
(BB)
provide public access.
(C)

Congressional notification
The Secretary of State, the Administrator of USAID, or the Secretary of the Treasury shall notify the appropriate congressional committees not later than 15 days before providing assistance to a multilateral fund or international institution under this subsection.
(3)

Local consultations
Programs, projects, and activities supported by assistance provided under this subsection shall require consultations with local communities, particularly the most vulnerable communities and populations in such communities, and indigenous peoples in areas in which any programs, projects, or activities are planned to engage such communities and peoples through adequate disclosure of information, public participation, and consultation, including full consideration of the interdependence of vulnerable communities and ecosystems to promote the resilience of local communities.
(g)

Bilateral assistance
(1)

In general
Except to the extent inconsistent with this subsection, the administrative authorities under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the implementation of this subsection to the same extent and in the same manner as such authorities apply to the implementation of such Act in order to provide the Administrator of USAID with the authority to provide assistance to countries, including the most vulnerable developing countries, for programs, projects, and activities consistent with the purposes described in subsection (b) and the policy described in subsection (e).
(2)

Considerations
In carrying out this subsection, the Administrator shall ensure that—
(A)
the environmental impact of proposed programs, projects, and activities is considered through adequate consultation, public participation, and public disclosure of relevant information; and
(B)
programs, projects, and activities under this subsection—
(i)
avoid environmental degradation, to the maximum extent practicable; and
(ii)
are aligned, to the maximum extent practicable, with broader development, poverty alleviation, or natural resource management objectives and initiatives in the recipient country.
(3)

Community engagement
The Administrator shall seek to ensure that—
(A)
local communities, particularly the most vulnerable communities and populations in areas in which any programs, projects, or activities are carried out under this subsection, are engaged in the design, implementation, monitoring, and evaluation of such programs, projects, and activities through disclosure of information, public participation, and consultation; and
(B)
the needs and interests of the most vulnerable communities and populations are addressed in national or regional climate change adaptation plans developed with USAID support.
(4)

Consultation and disclosure
For each country receiving assistance under this subsection, the Administrator shall establish a process for consultation with, and disclosure of information to, local, national, and international stakeholders regarding any programs, projects, or activities carried out under this subsection.
(h)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $2,000,000,000 for fiscal year 2022 and each fiscal year thereafter.
30608.

Reducing the negative impacts from short-lived climate pollutants
(a)

In general
The President shall direct the United States representatives to appropriate international bodies and conferences to use the voice, vote, and influence of the United States, consistent with the broad foreign policy goals of the United States, to advocate that each such body or conference—
(1)
commit to significantly increasing efforts to reduce short-lived climate pollutants;
(2)
invest in and develop alternative energy sources, industrial and agricultural processes, appliances, and products to replace sources of short-lived climate pollutants;
(3)
enhance coordination with the private sector—
(A)
to increase production and distribution of clean energy alternatives, industrial processes, and products that will replace sources of short-lived climate pollutants;
(B)
to develop action plans to mitigate short-lived climate pollutants from various private sector operations;
(C)
to encourage best technology, methods, and management practices for reducing short-lived climate pollutants;
(D)
to craft or enhance specific financing mechanisms for the incremental costs associated with mitigating short-lived climate pollutants; and
(E)
to grow economic opportunities and develop markets, as appropriate, for reducing short-lived climate pollutants;
(4)
provide technical assistance to foreign regulatory authorities and governments to remove unnecessary barriers to investment in short-lived climate pollutant mitigation solutions, including—
(A)
the use of safe and affordable clean energy;
(B)
the implementation of policies requiring industrial and agricultural best practices for capturing or mitigating the release of methane from extractive, agricultural, and industrial processes; and
(C)
climate assessment, scientific research, monitoring, and technological development activities;
(5)
develop and implement clear, accountable, and metric-based targets to measure the effectiveness of projects described in paragraph (4); and
(6)
engage international partners in an existing multilateral forum (or, if necessary, establish through an international agreement a new multilateral forum) to improve global cooperation for—
(A)
creating tangible metrics for evaluating efforts to reduce short-lived climate pollutants;
(B)
developing and implementing best practices for significantly reducing emissions of short-lived climate pollutants, including expanding capacity for innovative instruments to effectively mitigate short-lived climate pollutants at the national and subnational levels of foreign countries, particularly countries with little capacity to reduce greenhouse gas emissions and deploy clean energy facilities, and countries that lack sufficient policies to advance such development;
(C)
encouraging the development of standards and practices, and increasing transparency and accountability efforts for the reduction of short-lived climate pollutants;
(D)
integrating tracking and monitoring systems into industrial processes;
(E)
fostering research to improve scientific understanding of—
(i)
how high concentrations of short-lived climate pollutants affect human health, safety, and our environment;
(ii)
changes in the amount and regional concentrations of black carbon and methane emissions, based on scientific modeling and forecasting;
(iii)
effective means to sequester short-lived climate pollutants; and
(iv)
other related areas of research the United States representatives deem necessary;
(F)
encouraging the World Bank, the International Monetary Fund, and other international finance organizations—
(i)
to prioritize efforts to combat short-lived climate pollutants; and
(ii)
to enhance or maintain transparency by providing sufficient and adequate information to facilitate independent verification of their climate finance reporting;
(G)
encouraging observers of the Arctic Council (including India and China) to adopt mitigation plans consistent with the findings and recommendations of the Arctic Council’s Framework for Action on Black Carbon and Methane;
(H)
collaborating on technological advances in short-lived climate pollutants mitigation, sequestration and reduction technologies; and
(I)
advising foreign countries, at both the national and subnational levels, regarding the development and execution of regulatory policies, services, and laws pertaining to reducing the creation and the collection and safe management of short-lived climate pollutants.
(b)

Enhancing international outreach and partnership of united states agencies involved in greenhouse gas reductions
(1)

Finding
Congress recognizes the success of the United States Climate Alliance and the greenhouse gas reduction programs and strategies established by the Environmental Protection Agency’s Center for Corporate Climate Leadership.
(2)

Authorization of efforts to build foreign partnerships
The Secretary of State, in coordination with the Administrator of the Environmental Protection Agency, shall build partnerships, as appropriate, with the governments of foreign countries and to support international efforts to reduce short-lived climate pollutants.
(c)

Consideration of short-Lived climate pollutants in negotiating international agreements
In negotiating any relevant international agreement with any country or countries after the date of the enactment of this Act, the President shall—
(1)
consider the impact short-lived climate pollutants are having on the increase in global average temperatures and the resulting global climate change;
(2)
consider the effects that climate change is having on the environment; and
(3)
ensure that the agreement strengthens efforts to significantly reduce short-lived climate pollutants from such country or countries.
(d)

Plan to reduce black carbon emissions from ships
The Administrator of the Environmental Protection Agency, in consultation with the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of Commerce, and the Commandant of the Coast Guard, shall develop a comprehensive plan to reduce black carbon emissions from ships based on appropriate emissions data from oceangoing vessels. The plan shall provide for such reduction through—
(1)
a clean freight partnership;
(2)
limits on black carbon emissions; and
(3)
efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities.
(e)

Establishment of Interagency Working Group on short-Lived climate pollutants Mitigation
(1)

Establishment
Not later than 90 days after the date of enactment of this Act, the President shall establish a task force, to be known as the Interagency Working Group on Short-Lived Climate Pollutant Mitigation.
(2)

Membership
The members of the Working Group shall include the head (or a designee thereof) of—
(A)
the Department of Agriculture;
(B)
the Department of Commerce;
(C)
the Department of Defense;
(D)
the Department of Energy;
(E)
the Department of Health and Human Services;
(F)
the Department of the Interior;
(G)
the Department of State;
(H)
the Department of Transportation;
(I)
the Environmental Protection Agency;
(J)
the National Oceanic and Atmospheric Administration;
(K)
the Council on Environmental Quality;
(L)
the United States Agency for International Development; and
(M)
any other Federal agency the President determines appropriate.
(3)

Duties
The Working Group shall—
(A)
review the policy recommendations made by—
(i)
the Intergovernmental Panel on Climate Change;
(ii)
the United States Climate Alliance;
(iii)
the Interagency Strategy to Reduce Methane Emissions;
(iv)
the Council on Climate Preparedness and Resilience;
(v)
the Clean Cooking Alliance;
(vi)
the International Maritime Organization; and
(vii)
other relevant organizations and institutions; and
(B)
develop an action plan to reduce short-lived climate pollutants that incorporates any appropriate proposals or recommendations made by the entities referred to in subparagraph (A).
30609.

Building United States economic growth and technological innovation through the Green Climate Fund
(a)

Green Climate Fund
(1)

Findings
Congress finds that—
(A)
climate change most severely impacts vulnerable and disadvantaged communities in the United States and around the world;
(B)
it is the responsibility of the United States Government to work with and press other countries to address environmental justice and climate justice;
(C)
the report of the United Nations Environment Programme entitled “Climate Change and the Cost of Capital in Developing Countries”, dated May 2018, found that, in the 10 years prior to the publication of the report, climate vulnerability has cost the 20 nations most affected by catastrophes rooted in climate change an additional $62,000,000,000 in interest payments alone;
(D)
individuals and families, particularly communities of color, indigenous communities, and low-income communities, that are on the frontlines of climate change across the globe are often in close proximity to environmental stressors or sources of pollution;
(E)
the communities described in subparagraph (D)—
(i)
are often the first exposed to the causes and impacts of climate change; and
(ii)
have the fewest resources with which to mitigate those impacts or to relocate;
(F)
all efforts to adapt to and mitigate climate change must include specific protections for and acknowledgment of the harm of climate change to communities of color, indigenous peoples, women, and other frontline communities and marginalized peoples around the world;
(G)
in Paris, on December 12, 2015, the parties to the United Nations Framework Convention on Climate Change adopted the Paris Agreement, a benchmark agreement—
(i)
to combat climate change;
(ii)
to accelerate and intensify the actions and investments needed for a sustainable low carbon future; and
(iii)
that acknowledges, “Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity”;
(H)
the Paris Agreement—
(i)
notes the importance of “climate justice” when mitigating and adapting to climate change; and
(ii)
recognizes “the need for an effective and progressive response to the urgent threat of climate change”;
(I)
it is imperative for all countries to undertake mitigation activities to rapidly meet the goal of limiting global warming to not more than 1.5 degrees Celsius;
(J)
developed countries have the greatest capacity to mitigate their greenhouse gas emissions, while—
(i)
developing countries have the least capacity to engage in mitigation activities; and
(ii)
the capacity of developing countries to engage in mitigation activities is less than the national mitigation potential of those developing countries;
(K)
the determination for the fair share of mitigation and adaptation activities for each country must take into account—
(i)
the historic greenhouse gas emissions of each country; and
(ii)
the current capacity of each country to both mitigate greenhouse gas emissions and adapt to climate impacts;
(L)
developed countries that have historically emitted a disproportionately high share of greenhouse gas emissions, and reaped the economic benefits of those polluting activities, have a corresponding disproportionately greater responsibility to engage in global mitigation and adaptation activities, as compared to less industrialized countries that have historically polluted far less;
(M)
the only realistic way for less industrialized countries to meet their full mitigation potential is through international climate financing by more developed countries;
(N)
in the 2009 Copenhagen Accord, developed countries committed to jointly mobilize, starting in 2020, $100,000,000,000 per year in public climate financing (as well as private investment and other alternative forms of finance), for developing countries, a commitment reaffirmed in 2015 in Decision 1/CP.21 of the United Nations Framework Convention on Climate Change, Adoption of the Paris Agreement;
(O)
the $100,000,000,000 commitment described in subparagraph (N) was a political compromise that falls short of the actual financing needs for climate action in developing countries;
(P)
Bloomberg New Energy Finance has estimated that the transition to renewable energy sources in developing countries will require hundreds of billions of dollars annually;
(Q)
the United Nations Environment Programme has estimated that adaptation needs relating to climate change in developing countries may be as much as $300,000,000,000 annually by 2030;
(R)
the Green Climate Fund was created in 2010 by 194 countries to serve as a crucial financing mechanism to help developing countries limit or reduce greenhouse gas emissions and adapt to climate change;
(S)
in 2015, the United Nations Framework Convention on Climate Change agreed that the Green Climate Fund should serve the goals of the Paris Agreement, which states that “developed country Parties shall provide financial resources to assist developing country Parties with respect to both mitigation and adaptation in continuation of their existing obligations under the Convention”;
(T)
the Green Climate Fund is an essential institution for climate financing, as the Green Climate Fund ensures—
(i)
balanced governance between developed and developing countries;
(ii)
stakeholder engagement and discourse;
(iii)
a balanced approach between mitigation and adaptation;
(iv)
fair and equal labor and working conditions;
(v)
conservation of biodiversity and critical habitats; and
(vi)
strong environmental, social, and gender protections;
(U)
the Green Climate Fund—
(i)
promotes and protects human rights and the rights of marginalized groups, including indigenous peoples, women, children, and people with disabilities; and
(ii)
continues to take steps to strengthen protection for marginalized groups;
(iii)
the United States committed $3,000,000,000 of the first $10,000,000,000 raised for the initial resource mobilization period of the Green Climate Fund, though only 1⁄3 of this pledge was fulfilled, leaving the United States the only country to fall substantially short of a commitment of a country to the Green Climate Fund; and
(V)
the Green Climate Fund is a fully operational and proven institution supporting well over 100 projects and programs in developing countries around the world.
(2)

Statement of policy
It is the policy of the United States to provide climate financing—
(A)
as an essential part of the global effort to combat climate change; and
(B)
that—
(i)
upholds the principles of environmental justice and climate justice;
(ii)
supports programs and projects developed by recipient countries and communities;
(iii)
is designed and implemented with the free, prior, and informed consent of indigenous peoples and other impacted communities;
(iv)
promotes gender equality as essential in all of the projects and programs supported by climate financing;
(v)
includes best practices for environmental and social safeguards to ensure that projects and programs supported by climate financing respect fundamental human rights; and
(vi)
addresses both mitigation and adaptation as essential aspects of responding to climate change.
(b)

Authorization of appropriations
There are authorized to be appropriated for contributions to the Green Climate Fund $4,000,000,000 for each of the fiscal years 2022 and 2023.
(c)

Sense of congress
It is the sense of Congress that the climate financing needs to achieve the greenhouse gas emissions reductions required to keep the planet at or below 1.5 degrees Celsius of global warming are significantly greater than the amount of funds authorized to be appropriated under subsection (a).
30610.

Ensuring a whole-of-government response to climate action
(a)

Establishment
The Secretary of State shall establish a Climate Impacts Task Force (referred to in this section as the “Task Force”) with the mandate to—
(1)
monitor international climate and related impacted social conditions to anticipate and prevent climate and environmental stressors from evolving into national security risks;
(2)
monitor and assess climate action undertaken by other countries in response to national strategies and international commitments, and coordinate closely with allies and partners to ensure a coordinated response against any state or non-state actors, including the People’s Republic of China (PRC) and PRC companies, undermining global climate objectives, norms, and practices;
(3)
strengthen the efforts of the Department of State and the United States Government to act proactively to mitigate the human harms and potential for national security risks resulting from international emerging events exacerbated by climate change; and
(4)
assist other Federal departments and agencies, foreign partners, and multilateral organizations in their efforts to do the same.
(b)

Leadership
The Secretary of State shall designate a senior career official, as appropriate, of the Department of State to serve as the Chair of the Task Force. Such official shall report to the Secretary of State.
(c)

Responsibilities
Under the direction of the Chair, the Task Force shall—
(1)
meet regularly to ensure that events exacerbated by climate change and the risk of emerging events exacerbated by climate change throughout the world are adequately considered and addressed;
(2)
facilitate the development and execution of policies and tools to enhance the capacity of the United States to prevent and respond to emerging events exacerbated by climate change worldwide;
(3)
monitor developments throughout the world that heighten the risk of emerging events exacerbated by climate change;
(4)
identify gaps in United States foreign policy related to the prevention of and response to emerging events exacerbated by climate change with respect to certain regions or particular countries;
(5)
incorporate lessons learned from past United States efforts to prevent and respond to emerging events exacerbated by climate change and other impacts that are comparable in scope or severity;
(6)
provide the Secretary of State with recommendations and potential improvements to policies, programs, resources, and tools related to the prevention of and response to emerging events exacerbated by climate change;
(7)
coordinate the Department of State’s engagement in interagency processes led by the National Security Council that share the Task Force’s objectives;
(8)
conduct outreach not less frequently than biannually, with representatives of nongovernmental organizations dedicated to the prevention of and response to emerging events exacerbated by climate change and other appropriate parties, to—
(A)
receive assistance relating to the Task Force’s efforts to address emerging events exacerbated by climate change and develop new or improved policies, programs, resources, and tools; and
(B)
provide a public understanding of the work of the Task Force;
(9)
in carrying out paragraphs (1) through (9), focus on particular ways for the United States to develop, strengthen, and enhance its capabilities to—
(A)
monitor, receive early warning of, and coordinate responses to potential emerging events exacerbated by climate change;
(B)
engage allies and partners, including multilateral and regional institutions, to build capacities and mobilize action for preventing and responding to emerging events exacerbated by climate change;
(C)
encourage the deployment of civilian advisors to prevent and respond to emerging events exacerbated by climate change;
(D)
increase the capacity of and develop doctrine for the United States Foreign Service, civil service, Armed Forces, development professionals, and other actors to engage in the full spectrum of activities to prevent and respond to emerging events exacerbated by climate change;
(E)
develop and implement tailored foreign assistance programs that address and mitigate the risks of emerging events exacerbated by climate change;
(F)
ensure intelligence collection, analysis, and sharing of appropriate information; and
(G)
address any other issues that the Task Force determines appropriate;
(10)
in carrying out paragraphs (1) through (9), receive support from bureaus and offices of the Department of State, as the Secretary of State determines appropriate; and
(11)
facilitate annual coordination between the Department of State and other appropriate departments and agencies to ensure international and domestic climate change objectives are aligned.
(d)

Composition
The Task Force shall—
(1)
seek to ensure that its efforts complement and support interagency processes led by the National Security Council that share the Task Force’s objectives; and
(2)
operate with regular consultation and participation of designated representatives, at the Assistant Secretary level or higher, from all such executive departments, agencies, or offices as the Chair may designate.
(e)

Report
Not later than 180 days after the date of the enactment of this Act and every 2 years thereafter for the following 10 years, the Secretary of State, in consultation with the Task Force, shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives an unclassified report, with a classified annex if necessary, that includes—
(1)
a review, in consultation with the designated representatives specified in subsection (d), consisting of—
(A)
an evaluation of the efficacy of current efforts based on United States and locally identified indicators, including capacities and constraints for United States Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to emerging events exacerbated by climate change;
(B)
an assessment of the funding expended by relevant Federal departments and agencies on emerging events exacerbated by climate change and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support the prevention of and response to emerging events exacerbated by climate change;
(C)
current annual global assessments of emerging events exacerbated by climate change;
(D)
recommendations to further strengthen United States capabilities described in subparagraph (A); and
(E)
consideration of analysis, reporting, and policy recommendations by civil society, academic, and other nongovernmental organizations and institutions to prevent and respond to emerging events exacerbated by climate change;
(2)
recommendations to ensure shared responsibility by—
(A)
enhancing multilateral mechanisms for preventing, mitigating, and responding to emerging events exacerbated by climate change; and
(B)
strengthening regional organizations; and
(3)
the implementation status of the recommendations included in the review under paragraph (1).
(f)

Briefings and materials
The Chair and members of the Task Force shall, not less frequently than annually, provide briefings and materials to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(g)

Report by the director of national intelligence
The Director of National Intelligence is encouraged to include, in his or her annual (or more often as appropriate) unclassified testimony, accompanied by a classified annex, if necessary, to Congress (including the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate) on threats to United States national security—
(1)
a review of countries and regions at risk of emerging events exacerbated by climate change; and
(2)
whenever possible, specific identification of countries and regions at immediate risk of emerging events exacerbated by climate change.
(h)

Sense of congress
It is the sense of Congress that rapid and robust climate change response mechanisms, including the establishment of the Task Force, are critical for ensuring other countries remain accountable to their climate action commitments as well as preserving the national security and economic interests of the United States.
30611.

Working with international partners to reduce deforestation
(a)

Findings
Congress finds the following:
(1)
The People’s Republic of China (PRC) is having a substantial impact on the most important forest ecosystems in the world, and illegal logging and agricultural expansion have caused the massive forest loss. According to the World Resources Institute, the PRC has become the world’s leading importer and consumer of timber products, soybeans, and palm oil, as well as the largest manufacturing and export country of forest products.
(2)
In 2016, the PRC imported logs from more than 100 countries in the world. According to a Global Witness report, between January 2013 and April 2020, Chinese financial institutions provided more than $22.5 billion to major companies that produce and trade commodities at high risk of driving deforestation. These commodities include beef, soy, palm oil, paper, pulp, rubber, and timber.
(3)
Further, the growing international demand for such agricultural commodities causes the majority of deforestation emissions globally, and most of the associated land-clearing violates applicable national or local laws. According to a 2021 Forest Trends report, at least 69 percent of forest land converted to pasture or cropland was cleared illegally.
(4)
The growing demand for timber and agricultural commodities has accelerated unsustainable—and often illegal—logging and the trade of timber products, which harms the countries in which it takes place by siphoning away government tax revenue, transforming the livelihoods of communities dependent on forests, and hurting legal businesses’ competitiveness. Further, illegal logging and illegal conversion of forest to agricultural land threatens biodiversity and accelerates deforestation and forest degradation in key timber supply countries, undermining United States and global climate goals.
(5)
The United States should work with international partners to ensure that Chinese and other banks factor into lending practices the environmental and social impact of the companies they finance. This should include pressuring the PRC and other countries to revise regulations to require the banking sector not to finance companies linked to deforestation and include rigorous checks on the companies operating in sectors or regions where there is a high risk of deforestation to ensure they are not associated with deforestation.
(b)

Definitions
In this section:
(1)

Administrator
Except as otherwise expressly provided, the term Administrator means the Administrator of the United States Agency for International Development.
(2)

Deforestation
The term deforestation means a change in land use from a forest (including peatlands) to any other land use.
(3)

Developing country
The term developing country means a country eligible to receive official development assistance according to the income guidelines of the Development Assistance Committee of the Organisation for Economic Co-operation and Development.
(4)

Emissions reductions
The term emissions reductions means greenhouse gas emissions reductions achieved from reduced or avoided deforestation under this section.
(5)

Forest
(A)

In general
The term forest means a terrestrial ecosystem, including wetland forests, comprised of native tree species generated and maintained primarily through natural ecological and evolutionary processes.
(B)

Exclusion
The term forest does not include plantations, such as crops of trees planted by humans primarily for the purposes of harvesting.
(6)

Forest degradation
The term forest degradation is any reduction in the carbon stock of a forest due to the effects of human land-use activities, including such land-use activities on peatlands.
(7)

Intact forest
The term intact forest means an unbroken expanse of natural ecosystems within the global extent of forest cover that—
(A)
covers an area of at least 500 square kilometers and is at least 10 kilometers in each direction; and
(B)
contains forest and non-forest ecosystems minimally influenced by human economic activity and large enough that all native biodiversity, including viable populations of wide-ranging species, could be maintained.
(9)

Leakage
The term leakage means the unexpected loss of anticipated carbon benefits due to the displacement of activities in a project area to areas outside the project, resulting in carbon emissions.
(10)

Leakage prevention activities
The term leakage prevention activities means activities in developing countries that are directed at preserving existing forest carbon stocks, including forested wetlands and peatlands that might, absent such activities, be lost through leakage.
(11)

National deforestation reduction activities
The term national deforestation reduction activities means activities in developing countries that reduce a quantity of greenhouse gas emissions from deforestation that is calculated by measuring actual emissions against a national deforestation baseline established pursuant to subparagraphs (B) and (C) of subsection (d)(4).
(12)

Subnational deforestation and forest degradation reduction activities
The term subnational deforestation and forest degradation reduction activities means activities in developing countries that reduce a quantity of greenhouse gas emissions from deforestation and forest degradation that is calculated by measuring actual emissions using an appropriate baseline, or an alternative determined under subsection (d)(4)(B)(ii), established by the Administrator at the State or provincial level.
(c)

Purposes
The purposes of this section are to provide United States assistance to developing countries to develop, implement, and improve actions that reduce deforestation and forest degradation or conserve or restore forest ecosystems—
(1)
to protect the value of forest ecosystems with respect to permanent carbon capture and sequestration in a manner in which such value is measurable, reportable, and verifiable; and
(2)
in a manner that—
(A)
is consistent with and enhances the implementation of complementary United States policies that support the good governance of forests, biodiversity conservation, and environmentally sustainable development;
(B)
takes into consideration the views and participation of local communities and most vulnerable communities and populations, particularly forest-dependent communities; and
(C)
incorporates the right to free prior and informed consent of indigenous peoples.
(d)

Emissions reductions through reduced deforestation
(1)

Establishment of program
Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with other appropriate agencies, shall establish a program to provide assistance to reduce deforestation in developing countries and its impacts, in accordance with this section.
(2)

Objectives
The objectives of the program established under paragraph (1) shall be—
(A)
to achieve—
(i)
emissions reductions of at least 7,000,000,000 tons of carbon dioxide equivalent in 2025;
(ii)
cumulative emissions reductions of at least 11,000,000,000 tons of carbon dioxide equivalent by December 31, 2030; and
(iii)
additional emissions reductions in subsequent years;
(B)
to build capacity to reduce deforestation at a national level in developing countries experiencing deforestation, which may include—
(i)
preparing developing countries to participate in international markets for international offset credits for reduced emissions from deforestation;
(ii)
supporting the development of overseas domestic policy frameworks to ensure effective, efficient, and equitable benefit-sharing of the proceeds of such credits issued by national and subnational governments; and
(iii)
promoting and expanding land titling initiatives and programs in other countries;
(C)
to preserve forest carbon stocks in countries where such forest carbon may be vulnerable to leakage, particularly in developing countries with largely intact native forests;
(D)
to build the scientific knowledge and institutional capacity to help developing countries—
(i)
monitor the effects of climate change on their forests;
(ii)
develop and implement strategies to conserve their forests; and
(iii)
support forest-dependent communities adapt to climate change;
(E)
to the extent practicable, to reduce deforestation in ways that reduce the vulnerability and increase the resilience to climate effects for forests and forest-dependent communities;
(F)
to prevent degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, including by providing assistance or supporting policies to—
(i)
conserve, protect, and restore the integrity of such ecosystems; and
(ii)
support the rights of Indigenous People and local communities and their ability to continue their effective stewardship of their intact traditional lands and territories;
(G)
to build capacity to address illegal deforestation for agricultural commodities; and
(H)
to remove subsidies that favor deforestation;
(e)

Requirements for international deforestation reduction program
(1)

Eligible countries
(A)

In general
Except as provided in subparagraph (B), the Administrator may provide assistance under this section only with respect to a developing country that—
(i)
the Administrator, in consultation with other appropriate agencies, determines—
(I)
is experiencing deforestation or forest degradation; or
(II)
has standing forest carbon stocks that may be at risk of deforestation or degradation;
(ii)
has the legal regimes, standards, and safeguards to ensure that the rights and interests of indigenous peoples and forest-dependent communities are protected in accordance with the standards established under paragraph (4); and
(iii)
has entered into a bilateral or multilateral agreement or arrangement with the United States, or is part of an international program supported by the United States to prevent deforestation, that establishes the conditions of participation by the country in the program established under this section, which shall include an agreement to meet the standards established under paragraph (4) for the activities to which such standards apply.
(B)

Exception
A developing country that does not meet the requirement described in paragraph (1)(A)(ii) may receive assistance under this section for the purpose of building capacity to meet such requirement.
(2)

Authorized activities
Subject to the requirements of this section, in providing assistance under this section, the Administrator may support activities to achieve the objectives described in subsection (c)(2), such as—
(A)
national deforestation reduction activities;
(B)
subnational deforestation and forest degradation reduction activities, including pilot activities, policies, and measures that reduce greenhouse gas emissions and are subject to significant uncertainty;
(C)
activities to measure, monitor, and verify deforestation, avoided deforestation, and rates of deforestation, including, if applicable, spatially explicit land use plans that identify intact and primary forest areas and managed forest areas;
(D)
leakage prevention activities;
(E)
the development and implementation of measurement, monitoring, reporting, and verification capacities and governance structures, including legal regimes, standards, processes, and safeguards, as established under paragraph (4), to enable a country to quantify emissions reductions for purposes of purchasing or trading subnational emissions reduction credits in carbon markets;
(F)
the identification of, and actions to address, the drivers of land use emissions;
(G)
programs that would exclude from the United States illegally harvested timber or products made from illegally harvested timber, in accordance with and consistent with the objectives of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.);
(H)
the development and strengthening of governance capacities to reduce deforestation and other land use emissions and to combat illegal logging and associated trade, including the development of systems for independent monitoring of the efficacy of forest law enforcement and increased enforcement cooperation, including joint efforts with Federal agencies, to enforce the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.);
(I)
programs to help countries strengthen the necessary governance and technological capacity to trace and make publicly available the origin of agricultural commodities associated with tropical deforestation, such as beef, soy, palm oil, paper, pulp, cocoa, and rubber;
(J)
the development and strengthening of governance capacities and associated implementation activities to combat illegal deforestation related to the production of agricultural commodities, such as those described in subparagraph (I);
(K)
the provision of incentives for policy reforms to achieve the objectives described in subsection (c)(2);
(L)
the development of pilot projects—
(i)
to examine where mitigation and adaptation activities in forest ecosystems coincide; and
(ii)
to explore means for enhancing the resilience of forest ecosystems and forest-dependent communities;
(M)
the promotion of mechanisms to deliver resources for local action and to address the needs, rights, interests, and participation of local and indigenous communities;
(N)
the promotion of land tenure and titling programs, including legal recognition and effective protection of the land tenure, access and use rights of Indigenous People and local communities; and
(O)
the monitoring and evaluation of the results of the activities conducted under this section.
(3)

Mechanisms
The Administrator shall apply the administrative authorities under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except to the extent inconsistent with the provisions of this section, to the same extent and in the same manner as such authorities apply to the implementation of such Act in order to support activities to achieve the objectives described in subsection (c)(2) by—
(A)
developing and implementing programs and project-level activities that achieve such objectives;
(B)
to the extent practicable, giving priority in any review process to activities under paragraph (2)(A); and
(C)
as appropriate, considering multi-year funding arrangements in carrying out the purposes of this section.
(4)

Standards
The Administrator, in consultation with other appropriate agencies, shall establish program standards that—
(A)
ensure that emissions reductions achieved through supported activities—
(i)
are additional, measurable, verifiable, and monitored;
(ii)
account for leakage, uncertainty, and permanence; and
(iii)
at a minimum, meet the standards established under the emissions unit criteria of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) developed by the International Civil Aviation Organization (ICAO);
(B)
require—
(i)
the establishment of a national deforestation baseline for each country with national deforestation reduction activities that is used to account for reductions achieved from such activities; or
(ii)
if a developing country has established policies and taken measures to reduce emissions from disturbed peatlands, deforestation, or forest degradation, but has not established a national baseline, the provision of a credible, transparent, accurate, and conservative alternative for quantifying emissions;
(C)
provide that each national deforestation baseline established under subparagraph (B)(i)—
(i)
is national, or subnational on an interim basis, in scope; and
(ii)
is consistent with nationally appropriate mitigation commitments or actions with respect to deforestation, taking into consideration—
(I)
the average annual historical deforestation rates of the country during a period of at least 5 years; and
(II)
the applicable drivers of deforestation and other factors to ensure additionality;
(iii)
establishes a trajectory that would result in zero net deforestation by not later than 20 years after the date on which the baseline is established;
(iv)
is adjusted over time to account for changing national circumstances; and
(v)
is designed to account for all significant sources of greenhouse gas emissions from deforestation in the country;
(D)
with respect to assistance provided for activities described in subparagraph (A) or (B) of paragraph (2), require emissions reductions to be achieved and verified before the provision of any assistance under this section;
(E)
with respect to accounting for subnational deforestation and forest degradation reduction activities that lack the standardized or precise measurement and monitoring techniques needed for a full accounting of changes in emissions or baselines, or are subject to other sources of uncertainty, apply a conservative discount factor to reflect the uncertainty regarding the levels of reductions achieved;
(F)
ensure that activities under this section are designed, carried out, and managed—
(i)
using forest management practices that, in an open and transparent process—
(I)
improve the livelihoods of forest communities in a manner that promotes the maintenance of intact forests, protects associated biodiversity, and restores native forest species and ecosystems while avoiding the introduction of invasive nonnative species;
(II)
maintain natural biodiversity, resilience, and carbon storage capacity of forests;
(III)
to the extent practicable, do not adversely affect the permanence of forest carbon stocks or emissions reductions;
(IV)
include broad stakeholder participation and the free prior and informed consent of affected indigenous peoples; and
(V)
take into account the needs and interests of local communities, forest-dependent communities, indigenous peoples, and vulnerable social groups;
(ii)
in consultation with, and with the full and effective participation of, local communities, indigenous peoples, and forest-dependent communities in affected areas, as partners and primary stakeholders, before and during the design, planning, implementation, monitoring, and evaluation of activities; and
(iii)
with equitable sharing of profits and benefits derived from the activities with local communities, indigenous peoples, and forest-dependent communities; and
(G)
with respect to assistance for all activities under this section, seek to ensure the establishment and enforcement of legal regimes, standards, processes, and safeguards by the country in which the activities are conducted, as a condition of such assistance or as a proposed activity for which such assistance may be provided, which—
(i)
protect the rights and interests of local communities, indigenous peoples, forest-dependent communities, human rights defenders, and vulnerable social groups; and
(ii)
promote consultations with local communities, indigenous peoples, and forest-dependent communities in affected areas, as partners and primary stakeholders, before and during the design, planning, implementation, monitoring, and evaluation of activities under this section; and
(iii)
ensure equitable sharing of profits and benefits from incentives for emissions reductions or leakage prevention with local communities, indigenous peoples, and forest-dependent communities.
(5)

Scope
(A)

Reduced emissions
The Administrator shall include reduced emissions from forest degradation and disturbance of peatlands within the scope of activities under this section.
(B)

Expansion of authorized activities
If the Administrator determines, in consultation with other appropriate agencies, that sufficient methodologies and technical capacities exist to measure, monitor, and account for the emissions referred to in subparagraph (A), the Administrator may expand the authorized activities under this section, as appropriate, to include reduced soil carbon-derived emissions associated with deforestation and degradation of forested wetlands and peatlands, consistent with a comprehensive approach to maintaining and enhancing forests, increasing climate resiliency, reducing emissions, and increasing removals of greenhouse gases.
(6)

Accounting
The Administrator shall use a publicly accessible registry to account for and register the emissions reductions achieved through assistance provided under this section each year, after appropriately discounting for uncertainty and other relevant factors as required by the standards established under paragraph (4).
(7)

International deforestation reduction program insurance account for noncompletion or reversal
In furtherance of the objectives described in subsection (c)(2), the Administrator shall develop and implement a program that—
(A)
addresses noncompletion or reversal with respect to any greenhouse gas emissions that were not, or are no longer, sequestered; and
(B)
may include a mechanism to hold in reserve a portion of the amount allocated for projects to support the program.
(8)

Extension of assistance
(A)

In general
The Administrator may extend, for an additional 5 years, the period during which assistance is authorized for activities supported by assistance under this section, if the Administrator determines that—
(i)
the country in which the activities are conducted is making substantial progress toward adopting and implementing a program to achieve reductions in deforestation measured against a national baseline;
(ii)
the greenhouse gas emissions reductions achieved as a result of the activities are not resulting in significant leakage;
(iii)
such greenhouse gas emissions reductions are being appropriately discounted to account for any leakage that is occurring; and
(iv)
such extension would further advance or ensure achievement of the objectives of the activities.
(B)

Assistance for subnational deforestation and forest degradation reduction activities
(i)

In general
If the Administrator extends the period during which assistance is authorized for activities under subparagraph (A), the Administrator shall determine, based on the criteria specified that subparagraph, whether such assistance should include assistance for subnational deforestation and forest degradation reduction activities.
(ii)

Continued assistance
The Administrator may extend the period during which assistance is authorized for subnational deforestation and forest degradation reduction activities beyond the 5-year period described in subparagraph (A) in order to further the objectives described in subparagraph (B) or (C) of subsection (c)(2).
(9)

Coordination with foreign assistance
Subject to the direction of the President, the Administrator shall, to the extent practicable and consistent with the objectives described in subsection (c)(2), seek to align activities under this section with broader development, poverty alleviation, or natural resource management objectives and initiatives in countries receiving assistance under this section.
(10)

Assistance as supplement
The provision of assistance for activities under this section shall be used to supplement, and not to supplant, any other Federal, State, or local support available to carry out activities under this section.
(11)

Funding limitation
Of the funds made available to carry out this section in any fiscal year, not more than 7 percent may be used for the administrative expenses of the United States Agency for International Development in support of activities described in paragraph (2). Such amount shall be in addition to other amounts otherwise available for such purposes.
(f)

Legal effect
(1)

In general
Nothing in this section may be construed to supersede, limit, or otherwise affect any restriction imposed by Federal law (including regulations) on any interaction between an entity located in the United States and an entity located in a foreign country.
(2)

Role of the secretary of state
Nothing in this section may be construed to affect the role of the Secretary of State or the responsibilities of the Secretary under section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)).
(g)

International financial institutions
The President shall direct the United States representatives to the World Bank, the International Monetary Fund, and other international financial institutions (as defined in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c)) to prioritize efforts to combat deforestation.
(h)

Report
Not later than 1 year after the date of the enactment of this Act, the President shall submit to Congress a report, with respect to activities under this section, on the implementation of measurable and sustainable development practices and an assessment of resources related to achieving carbon dioxide emission reduction targets for 2025 and 2030.
30612.

Controlling the export of electronic waste to protect United States supply chains
(a)

Findings
Congress finds the following:
(1)
It is in the national security interests of the United States to ensure that the export of electronic waste does not become the source of counterfeit goods that may reenter electronics supply chains in the United States, and for other purposes.
(2)
A 2012 Senate Armed Services Committee Report “discovered counterfeit electronic parts from China in the Air Force’s largest cargo plane, in assemblies intended for Special Operations helicopters, and in a Navy surveillance plane among 1,800 cases of bogus parts”.
(3)
Further, exporting such material has often resulted in environmental damage because of illegal dumping or inadequate environmental regulations in other countries for ensuring their safe and secure disposal.
(4)
China, the single largest producer of electronic waste, is on track for its e-waste industry to total $23,800,000,000 by 2030, given its high supply of used products, demand for recycled materials, and capacity to transport these materials.
(5)
As the second largest producer of electronic waste, the United States has a strong economic and national security incentive to enhance domestic e-waste recycling capacity rather than exporting to China and other countries.
(6)
Given China’s lack of regulations and worker protections, workers in the e-waste industry have been exposed to over 1,000 harmful substances, including lead and mercury, endangering the health and wellbeing of workers.
(b)

Definitions
In this section:
(1)

Electronic waste
(A)

In general
The term electronic waste means any of the following used items containing electronic components, or fragments thereof, including parts or subcomponents of such items:
(i)
Computers and related equipment.
(ii)
Data center equipment (including servers, network equipment, firewalls, battery backup systems, and power distribution units).
(iii)
Mobile computers (including notebooks, netbooks, tablets, and e-book readers).
(iv)
Televisions (including portable televisions and portable DVD players).
(v)
Video display devices (including monitors, digital picture frames, and portable video devices).
(vi)
Digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines).
(vii)
Consumer electronics—
(I)
including digital cameras, projectors, digital audio players, cellular phones and wireless internet communication devices, audio equipment, video cassette recorders, DVD players, video game systems (including portable systems), video game controllers, signal converter boxes, and cable and satellite receivers; and
(II)
not including appliances that have electronic features.
(viii)
Portable global positioning system navigation devices.
(ix)
Other used electronic items that the Secretary determines to be necessary to carry out this section.
(B)

Exempt items
The term electronic waste does not include—
(i)
exempted electronic waste items;
(ii)
electronic parts of a motor vehicle or aircraft; or
(iii)
electronic components, or items containing electronic components, that are exported or reexported to an entity under the ownership or control of the person exporting or reexporting the components or items, with the intent that the components or items be used for the purpose for which the components or items were used in the United States.
(2)

Exempted electronic waste items
(A)

In general
The term exempted electronic waste items means the following:
(i)
Tested, working used electronics.
(ii)
Low-risk counterfeit electronics.
(iii)
Recalled electronics.
(B)

Definitions
In this paragraph:
(i)

Tested, working used electronics
The term tested, working used electronics means any used electronic items that—
(I)
are determined, through testing methodologies established by the Secretary, to be—
- (aa)
fully functional for the purpose for which the items were designed; or
- (bb)
in the case of multifunction devices, fully functional for at least one of the primary purposes for which the items were designed;
(II)
are exported with the intent to reuse the products as functional products; and
(III)
are appropriately packaged for shipment to prevent the items from losing functionality as a result of damage during shipment.
(ii)

Low-risk counterfeit electronics
The term low-risk counterfeit electronics means any electronic components or items that—
(I)
have been subjected to destruction processes that render the items unusable for their original purpose; and
(II)
are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the electronic components or items recycled consistent with the laws of the foreign country performing the reclamation process.
(iii)

Recalled electronics
The term recalled electronics means any electronic items that—
(I)
because of a defect in the design or manufacture of the items—
- (aa)
are subject to a recall notice issued by the Consumer Product Safety Commission or other pertinent Federal authority and have been received by the manufacturer or its agent and repaired by the manufacturer or its agent to cure the defect; or
- (bb)
have been recalled by the manufacturer as a condition of the validity of the warranty on the items and have been repaired by the manufacturer or its agent to cure the defect; and
(II)
are exported by the manufacturer of the items.
(iv)

Feedstock
The term feedstock means any raw material constituting the principal input for an industrial process.
(3)

Counterfeit good
The term counterfeit good means any good on which, or in connection with which, a counterfeit mark is used.
(4)

Counterfeit military good
The term counterfeit military good means a counterfeit good that—
(A)
is falsely identified or labeled as meeting military specifications; or
(B)
is intended for use in a military or national security application.
(5)

Counterfeit mark
The term counterfeit mark has the meaning given that term in section 2320 of title 18, United States Code.
(6)

Export administration regulations
The term Export Administration Regulations means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.
(7)

Export; reexport
The terms export and reexport have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(8)

Secretary
The term Secretary means the Secretary of Commerce.
(9)

Used
The term used, with respect to an item, means the item has been operated or employed.
(c)

Prohibition
Except as provided in subsections (c) and (d), no person or entity may export or reexport electronic waste or exempted electronic waste items.
(d)

Export prohibition exemptions
A person or entity may export or reexport exempted electronic waste items, but only if the following requirements are met:
(1)

Registration
The person or entity is listed on a publicly available registry maintained by the Secretary.
(2)

Filing of export information
For each export transaction, the person or entity files in the Automated Export System, in accordance with part 758 of the Export Administration Regulations (or any corresponding similar regulation or ruling), electronic export information that contains at least the following information:
(A)
A description of the type and total quantity of exempted electronic waste items exported.
(B)
The name of each country that received the exempted electronic waste items for reuse or recycling.
(C)
(i)
The name of the ultimate consignee to which the exempted electronic waste items were received for reclamation, recall, or reuse; and
(ii)
documentation and a declaration that such consignee has the necessary permits, resources, and competence to manage the exempted electronic waste items as reusable products or recyclable feedstock and prevent its release as a counterfeit good or counterfeit military good.
(3)

Compliance with existing laws
The export or reexport of exempted electronic waste items otherwise comply with applicable international agreements to which the United States is a party and with other trade and export control laws of the United States.
(4)

Export declarations and requirements
The exempted electronic waste items are accompanied by—
(A)
documentation of the registration of the exporter required under paragraph (1);
(B)
a declaration signed by an officer or designated representative of the exporter asserting that the exempted electronic waste items meet the applicable requirements for exempted electronic waste items under this section;
(C)
a description of the contents and condition of the exempted electronic waste items in the shipment;
(D)
for tested, working electronics, a description of the testing methodologies and test results for each item;
(E)
the name of the ultimate consignee and declaration of the consignee’s applicable permits, resources, and competence to process or use the items as intended; and
(F)
with respect to low-risk counterfeit electronics only and when required by the importing country, the written consent of the competent authority of the receiving country to allow the products in such country.
(e)

Exception for personal use
The Secretary may provide for an exception to the requirements of this section, subject to such recordkeeping requirements as the Secretary may impose, for the export or reexport of 5 or fewer items that are or contain electronic components intended for personal use.
(f)

Effective date
(1)

In general
Subject to paragraph (2), this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act.
(2)

Modification of EAR
The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall, not later than the effective date under paragraph (1), ensure that the Export Administration Regulations are modified to carry out this section.
(g)

Penalties for violations
Any person who violates this section or the regulations issued under subsection (e)(2) shall be subject to the same penalties as those that apply to any person violating any other provision of the Export Administration Regulations.
30613.

Rural Export Center
(a)

Definitions
In this section:
(1)

Assistant Secretary
The term Assistant Secretary means the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service appointed pursuant to section 2301(a)(2) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(a)(2)).
(2)

Commercial Service
The term Commercial Service means the United States and Foreign Commercial Service established under section 2301(a)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(a)(1)).
(b)

Establishment of the Rural Export Center
(1)

In general
Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary shall establish a Rural Export Center (in this section referred to as the “Center”) for the purpose of providing businesses located in rural areas in the United States with resources to help those businesses export their products.
(2)

Location of the Center
(A)

In general
The Center shall be established at an office of the Commercial Service in the United States in existence before the date of the enactment of this Act.
(B)

Criteria for selecting location
In selecting a location for the Center, the Assistant Secretary shall give preference—
(i)
based on expertise and operations at Commercial Service offices that support rural businesses exporting to new markets before the date of the enactment of this Act; and
(ii)
to such offices not located in major metropolitan areas.
(C)

Location of staff
Any researcher or staff directly supporting the operation of the Center shall be primarily based at the Center.
(c)

Export Center operations
(1)

In general
The Center shall—
(A)
provide in-depth, customized, and actionable market research services that—
(i)
a business may opt into based on need; and
(ii)
are—
(I)
focused on actionable and measurable results for a business;
(II)
business- and product-specific;
(III)
targeted to not more than 3 international markets;
(IV)
based on high-quality data, including data from international trade association subscription databases; and
(V)
based on market analysis and export services of the Commercial Service available before the date of the enactment of this Act, including the Rural America's Intelligence Service for Exporters program; and
(B)
conduct strategic planning and export support services for rural businesses as needed.
(2)

Measure of effectiveness
To measure the effectiveness of the Center, the Center shall collect and make available data on—
(A)
the number of businesses that sign up for market research assistance;
(B)
the number of export assistance services a business engages in following the research assistance, including—
(i)
trade shows;
(ii)
trade missions; and
(iii)
other services facilitated by the Center; and
(C)
the total monetary value of exports facilitated by the services provided by the Center.
(3)

Website for the Center
The Center shall maintain an internet website that includes—
(A)
data collected by the Center;
(B)
best practices for rural businesses beginning to evaluate export opportunities; and
(C)
appropriate contact information for staff at the Center.
30614.

Report on global exports of natural gas production
Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit to Congress a report on the following:
(1)
The economic policies of foreign countries with natural gas resources and reserves as such policies relate to the development and production of their natural gas resources and reserves and the extent and status of their natural gas resources and reserves.
(2)
The potential to export the natural gas production of such foreign countries to the global market and the impact of the export of such natural gas production on the global market.
(3)
A description of actions taken by the United States Government to foster natural gas exports to foreign countries that may have an interest in importing natural gas from the United States.
30615.

Report on global CCP investment in port infrastructure
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Defense, shall submit to the appropriate congressional committees a report documenting all Chinese investment in port infrastructure globally, during the period beginning on January 1, 2012, and ending on the date of the submission of the report, and the commercial and economic implications of such investments. The report shall also includes the following:
(1)
A review of existing and potential or planned future Chinese investments, including investments by government entities, and state-owned enterprises, in port infrastructure at such ports.
(2)
Any known Chinese interest in establishing a military presence at or near such ports.
(3)
An assessment of China's current and potential future ability to leverage commercial ports for military purposes and the implications of such ability for the national and economic security of the United States.
(b)

Form
The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex produced consistent with the protection of sources and methods.
(c)

Appropriate congressional committees defined
In this Act, the term “appropriate congressional committees” means—
(1)
the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and
(2)
the Select Committee on Intelligence of the Senate, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
VII

United States Commitment to Peacekeeping
30701.

Statement of policy concerning United States engagement regarding United Nations peacekeeping operations
(a)

In general
It is the policy of the United States that the Permanent Representative of the United States to the United Nations—
(1)
support the development and implementation of standard performance assessment systems and investigative measures to identify exemplary performance and address mission-specific and system-wide weaknesses;
(2)
support the full implementation of a management reform agenda that decentralizes decision-making authority, simplifies and streamlines policy and processes, and strengthens accountability and transparency for managing United Nations offices and functions;
(3)
advocate for the development of a common political strategy in-country among relevant actors, including regional organizations, Member States, international financial institutions, and United Nations agencies, funds, and programs;
(4)
advocate for robust engagement with host countries and local communities, including pushing for resources to be directed to community-led peace initiatives;
(5)
support efforts to deploy more mobile, adaptable, and agile forces for more effective peacekeeping operations;
(6)
support the development of a system-wide strategy on sustainable peacekeeping transitions that ensure planning and decision-making is based on measurable benchmarks, including ensuring the protection of civilians;
(7)
lead and advocate for efforts to promote and protect internationally recognized human rights standards regarding United Nations peacekeeping operations, including the robust funding and support of human rights positions;
(8)
advocate for efforts to develop a more comprehensive plan for accountability and justice, particularly relating to tracking misconduct and inclusion of survivors in decision-making, for peacekeepers and other United Nations staff involved in sexual exploitation, abuse, or other violations of human rights that contravene United Nations and United States rules, regulations, or values; and
(9)
engage in dialogue with Member States to secure a more favorable modification of United Nations scales of assessments of the peacekeeping budget that works to diversify the funding base and create a sustainable funding plan.
(b)

Advocacy of peacekeeping reforms at the United Nations
The Secretary of State shall instruct the Permanent Representative of the United States to the United Nations to use the voice, vote, and influence of the United States at the United Nations to accomplish the policy specified in subsection (a), consistent with the national security interests of the United States.
30702.

Repeal of the 25 percent cap on United States contributions to United Nations peacekeeping operations
(a)

In general
Subsection (b) of section 404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C. 287e note; relating to a limitation on United States contributions to United Nations peacekeeping operations) is repealed.
(b)

Technical and conforming amendment
Section 404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 is amended by striking “(a) Reassessment of contributions percentages.—”.
(c)

Effective date
(1)

In general
This section and the amendments made by this section shall take effect and apply on the date the Secretary of State, pursuant to section 30704, transmits to the Committee on Foreign Affairs of the House of Representative and the Committee on Foreign Relations of the Senate written commitment from the Under-Secretary-General for Peace Operations to engage regularly with the United States regarding making significant progress toward implementing peacekeeping reforms described in section 4(c)(4) of the United Nations Participation Act of 1945, as amended by section 30703.
(2)

Snap-back
If by the date that is five years after the date of the enactment of this Act the Secretary of State, in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, determines significant progress has not been made toward implementing the peacekeeping reforms described in section 4(c)(4) of the United Nations Participation Act of 1945, as amended by section 30703, the repeal under subsection (a) of this section of the limitation described in subsection (b) of section 404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C. 287e note; relating to a limitation on United States contributions to United Nations peacekeeping operations) shall be null and void and without force or effect at law, and such subsection (b), as in effect on the day before such date of enactment, shall be carried out as if subsection (a) of this section had not been so enacted.
30703.

Reports on United States efforts to achieve United Nations peacekeeping reform
Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended—
(1)
in subsection (c)—
(A)
in paragraph (3)—
(i)
by striking subparagraph (B); and
(ii)
redesignating subparagraph (C) as subparagraph (B);
(B)
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(C)
by inserting after paragraph (3) the following new paragraph:
“(4)

United Nations peacekeeping reform
A description of the status of United States efforts in the United Nations to ensure the United Nations—
(A)
develops and implements standard peacekeeping operation performance assessment systems and investigative measures to identify exemplary performance and address operation-specific and system-wide weaknesses;
(B)
fully implements a management reform agenda that decentralizes decision-making authority, simplifies and streamlines policy and processes, and strengthens accountability and transparency for managing United Nations offices and functions;
(C)
develops for each peacekeeping operation a common political strategy in-country among relevant actors, including regional organizations, Member States, international financial institutions, and United Nations agencies, funds, and programs;
(D)
fully engages with host countries and local communities, including directing resources to community-led peace initiatives;
(E)
deploys more mobile, adaptable, and agile forces for more effective peacekeeping operations;
(F)
develops a system-wide strategy on sustainable peacekeeping transitions that ensure planning and decision-making is based on measurable benchmarks, including ensuring the protection of civilians;
(G)
implements a system-wide strategy to protect internationally recognized human rights standards within United Nations peacekeeping operations, including robust funding and support of human rights positions within each peacekeeping operation;
(H)
develops a more comprehensive plan for accountability and justice, particularly relating to tracking misconduct and inclusion of survivors in decision-making, for peacekeepers and other United Nations staff involved in sexual exploitation, abuse, or other violations of human rights that contravene United Nations and United States rules, regulations, or values; and
(I)
modifies the United Nations scales of assessments of the peacekeeping budget to diversify the funding base and create a sustainable funding plan.”; and
(2)
in subsection (d)(5), by striking subparagraph (B).
30704.

Strategy to advocate for peacekeeping reforms at the United Nations
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a strategy for working with the United Nations to implement the peacekeeping reforms described in section 4(c)(4) of the United Nations Participation Act of 1945, as amended by section 30703. The Secretary of State shall—
(1)
(A)
seek to obtain written commitment from the Under-Secretary-General for Peace Operations to engage regularly with the United States regarding making significant progress toward implementing such reforms by not later than the date that is five years after the date of the enactment of this Act, in accordance with section 30702; and
(B)
transmit such commitment to such committees;
(2)
consult with such committees to establish parameters and benchmarks regarding such implementation; and
(3)
submit to such committees periodic progress reports regarding—
(A)
such establishment; and
(B)
implementation of such reforms.
30705.

Reporting requirements
(a)

Strengthening conflict prevention in United Nations missions
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report analyzing the ways in which conflict prevention aspects of United Nations missions may be strengthened. Such report shall include—
(1)
an analysis of the performance of existing early warning and rapid response systems and recommendations for the improvement of such systems;
(2)
an analysis on the performance of the civilian components of United Nations special political missions and peacekeeping operations and recommendations for strengthening such components;
(3)
recommendations on how other United Nations entities, including the United Nations Peacebuilding Fund, special political missions, and other agencies, funds, and programs could be better coordinated in a joint strategy; and
(4)
an assessment of the costs and benefits of the Department of State and the United States Agency for International Development sharing risk analysis data with select multilateral organizations, under specific circumstances, to better promote conflict prevention before peacekeeping engagement is needed.
(b)

Ensuring considerations for mission transitions are based on comprehensive assessments of conflict dynamics and risks to civilians
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that analyzes the observed challenges, costs, and benefits of transitioning United Nations peacekeeping operations to host-country security forces, including—
(1)
case studies of communities that maintained peace and stabilization gains compared with communities that experienced a resurgence in instability, violence, or conflict at least five years after such a transition;
(2)
an analysis of the transition process and the effectiveness of measures to maintain long-term peace; and
(3)
an assessment of any additional resources needed to maintain peace and stabilization gains achieved after such a transition.
(c)

Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2)
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
VIII

Preventing Future Pandemics
30801.

Short title
This title may be cited as the “Preventing Future Pandemics Act of 2022”.
30802.

Definitions
In this title:
(1)

Wildlife market
The term “wildlife market”—
(A)
means a commercial market or subsection of a commercial market—
(i)
where live mammalian or avian wildlife is held, slaughtered, or sold for human consumption as food or medicine whether the animals originated in the wild or in a captive environment; and
(ii)
that delivers a product in communities where alternative nutritional or protein sources are readily available and affordable; and
(B)
does not include—
(i)
markets in areas where no other practical alternative sources of protein or meat exists, such as wildlife markets in rural areas on which indigenous people and rural local communities rely to feed themselves and their families; and
(ii)
processors of dead wild game and fish.
(2)

Commercial trade in live wildlife
The term “commercial trade in live wildlife”—
(A)
means commercial trade in live wildlife for human consumption as food or medicine; and
(B)
does not include—
(i)
fish;
(ii)
invertebrates;
(iii)
amphibians and reptiles; and
(iv)
the meat of ruminant game species—
(I)
traded in markets in countries with effective implementation and enforcement of scientifically based, nationally implemented policies and legislation for processing, transport, trade, and marketing; and
(II)
sold after being slaughtered and processed under sanitary conditions.
(3)

One health
The term “One Health” means a collaborative, multi-sectoral, and transdisciplinary approach working at the local, regional, national, and global levels with the goal of achieving optimal health outcomes that recognizes the interconnection between—
(A)
people, animals, both wild and domestic, and plants; and
(B)
the environment shared by such people, animals, and plants.
(4)

Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Relations of the Senate;
(B)
the Committee on Appropriations of the Senate;
(C)
the Committee on Foreign Affairs of the House of Representatives; and
(D)
the Committee on Appropriations of the House of Representatives.
30803.

Study on risk of wildlife markets on the emergence of novel viral pathogens
(a)

Study
Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, the Secretary of the Interior, and the Secretary of Agriculture shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to evaluate the risk wildlife markets pose to human health through the emergence or reemergence of pathogens and activities to reduce the risk of zoonotic spillover. The study shall evaluate—
(1)
the impact of physical proximity to and the role of human use of terrestrial wildlife for food or medicine on the emergence or reemergence of pathogens, including novel pathogens;
(2)
the conditions at live wildlife markets and within the associated supply chain that elevate risk factors leading to such emergence, reemergence, or transmission of pathogens, including sanitary conditions and the physical proximity of animals;
(3)
animal taxa that present a high risk of contributing to zoonotic spillover and the associated risk factors that increase the emergence, reemergence, or transmission of pathogens;
(4)
emerging pathogen risk reduction measures and control options across wildlife markets and the associated supply chain; and
(5)
the methods by which the United States might work with international partners to effectively promote diversified, culturally appropriate alternative sources of nutritious food, protein, and related income in communities that currently rely upon the human use of wildlife as food or medicine for subsistence, while ensuring that existing natural habitats are not fragmented, degraded, or destroyed and that human pressure on natural habitats is not increased by this process.
(b)

Report
Not later than 1 year after the date of the agreement under subsection (a), the Secretaries described in such subsection shall submit a report on the findings of the study described in such subsection to—
(1)
the appropriate congressional committees;
(2)
the Committee on Health, Education, Labor, and Pensions and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(3)
the Committee on Energy and Commerce and the Committee on Agriculture of the House of Representatives.
(c)

Authorization of appropriations
There is authorized to be appropriated such sums as are necessary for the development of the study described in this section.
30804.

Country-driven approach to end the commercial trade in live wildlife and associated wildlife markets
(a)

In general
Not later than 120 days after the completion of the study required by section 30803, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, including the Centers for Disease Control and Prevention, the Secretary of Agriculture, and the Secretary of the Interior, and after consideration of the results of such study and best available scientific findings of practices and behaviors occurring at the source of zoonoses spillover and spread, shall publicly release a list of countries the governments of which express willingness to end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption, as defined for purposes of this Act—
(1)
immediately;
(2)
after a transitional period; and
(3)
aspirationally, over a long-term period.
(b)

Global Health Security Zoonosis plans
The Secretary of State and the Administrator of the United States Agency for International Development shall work bilaterally with the governments of the countries listed pursuant to subsection (a) to establish Global Health Security Zoonoses Plans that—
(1)
outline actions to address novel pathogens of zoonotic origin that have the potential to become epidemics or pandemics;
(2)
identify incentives and strengthened policies; and
(3)
provide technical support to communities, policy makers, civil society, law enforcement and other stakeholders to end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally.
(c)

Updates
The list of countries required by subsection (a), the corresponding Global Health Security Zoonosis plans established pursuant to subsection (b), and any actions taken under such plans to end the commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally, shall be reviewed, updated, and publicly released annually by the Secretary and Administrator, following review of the most recent scientific data.
30805.

Sense of congress
It is the sense of Congress that global institutions, including the Food and Agriculture Organization of the United Nations, the World Organisation for Animal Health, the World Health Organization, and the United Nations Environment Programme, together with leading intergovernmental and nongovernmental organizations, veterinary and medical colleges, the Department of State, and the United States Agency for International Development, should—
(1)
promote the paradigm of One Health as an effective and integrated way to address the complexity of emerging disease threats; and
(2)
support improved community health, biodiversity conservation, forest conservation and management, sustainable agriculture, and the safety of livestock, domestic animals, and wildlife in developing countries, particularly in tropical landscapes where there is an elevated risk of zoonotic disease spill over.
30806.

Statement of policy
It is the policy of the United States to—
(1)
support the availability of scalable and sustainable alternative sources of protein and nutrition for local communities, where appropriate, in order to minimize human reliance on the commercial trade in live wildlife for human consumption;
(2)
support foreign governments to—
(A)
reduce commercial trade in live wildlife for human consumption;
(B)
transition from the commercial trade in live wildlife for human consumption to sustainably produced alternate protein and nutritional sources;
(C)
establish and effectively manage and protect natural habitat, including protected and conserved areas and the lands of Indigenous peoples and local communities, particularly in countries with tropical forest hotspots for emerging diseases; and
(D)
strengthen public health capacity, particularly in countries where there is a high risk of emerging zoonotic viruses and other infectious diseases;
(3)
respect the rights and needs of indigenous peoples and local communities dependent on such wildlife for nutritional needs and food security; and
(4)
facilitate international cooperation by working with international partners through intergovernmental, international, and nongovernmental organizations such as the United Nations to—
(A)
lead a resolution at the United Nations Security Council or General Assembly and World Health Assembly outlining the danger to human and animal health from emerging zoonotic infectious diseases, with recommendations for implementing the closure of wildlife markets and prevention of the commercial trade in live wildlife for human consumption, except where the consumption of wildlife is necessary for local food security or where such actions would significantly disrupt a readily available and irreplaceable food supply;
(B)
raise awareness and build stakeholder engagement networks, including civil society, the private sector, and local and regional governments on the dangerous potential of wildlife markets as a source of zoonotic diseases and reduce demand for the consumption of wildlife through evidence-based behavior change programs, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process;
(C)
encourage and support alternative forms of sustainable food production, farming, and shifts to sustainable sources of protein and nutrition instead of terrestrial wildlife, where able and appropriate, and reduce consumer demand for terrestrial and freshwater wildlife through enhanced local and national food systems, especially in areas where wildlife markets play a significant role in meeting subsistence needs while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process; and
(D)
strive to increase biosecurity and hygienic standards implemented in farms, gathering centers, transport, and market systems around the globe, especially those specializing in the provision of products intended for human consumption.
30807.

Prevention of future zoonotic spillover events
(a)

In general
The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant departments and agencies, shall work with foreign governments, multilateral entities, intergovernmental organizations, international partners, private sector partners, and nongovernmental organizations to carry out activities supporting the following objectives, recognizing that multiple interventions will likely be necessary to make an impact, and that interventions will need to be tailored to the situation to—
(1)
pursuant to section 30804, close wildlife markets and prevent associated commercial trade in live wildlife, placing a priority focus on countries with significant markets for live wildlife for human consumption, high-volume commercial trade and associated markets, trade in and across urban centers, and trade for luxury consumption or where there is no dietary necessity—
(A)
through existing treaties, conventions, and agreements;
(B)
by amending existing protocols or agreements;
(C)
by pursuing new protocols; or
(D)
by other means of international coordination;
(2)
improve regulatory oversight and reduce commercial trade in live wildlife and eliminate practices identified to contribute to zoonotic spillover and emerging pathogens;
(3)
prevent commercial trade in live wildlife through programs that combat wildlife trafficking and poaching, including by—
(A)
providing assistance to improve law enforcement;
(B)
detecting and deterring the illegal import, transit, sale, and export of wildlife;
(C)
strengthening such programs to assist countries through legal reform;
(D)
improving information sharing and enhancing capabilities of participating foreign governments;
(E)
supporting efforts to change behavior and reduce demand for such wildlife products;
(F)
leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; and
(G)
strengthening collaboration with key private sector entities in the transportation industry to prevent and report the transport of such wildlife and wildlife products;
(4)
leverage strong United States bilateral relationships to support new and existing inter-Ministerial collaborations or Task Forces that can serve as regional One Health models;
(5)
build local agricultural and food safety capacity by leveraging expertise from the United States Department of Agriculture (USDA) and institutions of higher education with agricultural or natural resource expertise;
(6)
work through international organizations to develop a set of objective risk-based metrics that provide a cross-country comparable measure of the level of risk posed by wildlife trade and marketing and can be used to track progress nations make in reducing risks, identify where resources should be focused, and potentially leverage a peer influence effect;
(7)
prevent the degradation and fragmentation of forests and other intact ecosystems to minimize interactions between wildlife and human and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to, for example—
(A)
conserve, protect, and restore the integrity of such ecosystems;
(B)
support the rights and needs of Indigenous People and local communities and their ability to continue their effective stewardship of their traditional lands and territories;
(C)
support the establishment and effective management of protected areas, prioritizing highly intact areas; and
(D)
prevent activities that result in the destruction, degradation, fragmentation, or conversion of intact forests and other intact ecosystems and biodiversity strongholds, including by governments, private sector entities, and multilateral development financial institutions;
(8)
offer appropriate alternative livelihood and worker training programs and enterprise development to wildlife traders, wildlife breeders, and local communities whose members are engaged in the commercial trade in live wildlife for human consumption;
(9)
ensure that the rights of Indigenous Peoples and local communities are respected and their authority to exercise these rights is protected;
(10)
strengthen global capacity for prevention, prediction, and detection of novel and existing zoonoses with pandemic potential, including the support of innovative technologies in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies; and
(11)
support the development of One Health systems at the local, regional, national, and global levels in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies, particularly in emerging infectious disease hotspots, through a collaborative, multisectoral, and transdisciplinary approach that recognizes the interconnections among people, animals, plants, and their shared environment to achieve equitable and sustainable health outcomes.
(b)

Activities
(1)

Global cooperation
The United States Government, working through the United Nations and its components, as well as international organization such as Interpol, the Food and Agriculture Organization of the United Nations, and the World Organisation for Animal Health, and in furtherance of the policies described in section 30806, shall—
(A)
collaborate with other member states, issue declarations, statements, and communiques urging countries to close wildlife markets, and prevent commercial trade in live wildlife for human consumption; and
(B)
urge increased enforcement of existing laws to end wildlife trafficking.
(2)

International coalitions
The Secretary of State shall seek to build new, and support existing, international coalitions focused on closing wildlife markets and preventing commercial trade in live wildlife for human consumption, with a focus on the following efforts:
(A)
Providing assistance and advice to other governments in the adoption of legislation and regulations to close wildlife markets and associated trade over such timeframe and in such manner as to minimize the increase of wildlife trafficking and poaching.
(B)
Creating economic and enforcement pressure for the immediate shut down of uncontrolled, unsanitary, or illicit wildlife markets and their supply chains to prevent their operation.
(C)
Providing assistance and guidance to other governments on measures to prohibit the import, export, and domestic commercial trade in live wildlife for the purpose of human consumption.
(D)
Implementing risk reduction interventions and control options to address zoonotic spillover along the supply chain for the wildlife market system.
(E)
Engaging and receiving guidance from key stakeholders at the ministerial, local government, and civil society level, including Indigenous Peoples, in countries that will be impacted by this title and where wildlife markets and associated wildlife trade are the predominant source of meat or protein, in order to mitigate the impact of any international efforts on food security, nutrition, local customs, conservation methods, or cultural norms.
(F)
Promoting private sector engagement and public-private partnerships with industry groups (such as the transportation industry) to address transport and movement of live wildlife to supply the commercial trade in live wildlife for human consumption.
(c)

United states agency for international development
(1)

Sustainable food systems funding
(A)

Authorization of appropriations
In addition to any other amounts provided for such purposes, there is authorized to be appropriated such sums as necessary for each fiscal year from 2021 through 2030 to the United States Agency for International Development to reduce demand for consumption of wildlife from wildlife markets and support shifts to diversified alternative and sustainably produced sources of nutritious food and protein in communities that rely upon the consumption of wildlife for food security, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process, using a multisectoral approach and including support for demonstration programs.
(B)

Activities
The Bureau for Development, Democracy and Innovation (DDI), the Bureau for Resilience and Food Security (RFS), and the Bureau for Global Health (GH) of the United States Agency for International Development shall, in partnership with United States and international institutions of higher education and nongovernmental organizations, co-develop approaches focused on safe, sustainable food systems that support and incentivize the replacement of terrestrial wildlife in diets, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process.
(2)

Addressing threats and causes of zoonotic disease outbreaks
The Administrator of the United States Agency for International Development, in consultation with the Secretary of the Interior, shall increase activities in United States Agency for International Development programs related to conserving biodiversity, combating wildlife trafficking, sustainable landscapes, global health, food security, and resilience in order to address the threats and causes of zoonotic disease outbreaks, including through—
(A)
education;
(B)
capacity building;
(C)
strengthening human, livestock, and wildlife health monitoring systems of pathogens of zoonotic origin to support early detection and reporting of novel and known pathogens for emergence of zoonotic disease and strengthening cross-sectoral collaboration to align risk reduction approaches in consultation with the Director of the Centers for Disease Control and the Secretary of Health and Human Services;
(D)
improved domestic and wild animal disease monitoring and control at production and market levels;
(E)
development of alternative livelihood opportunities where possible;
(F)
preventing degradation and fragmentation of forests and other intact ecosystems and restoring the integrity of such ecosystems, particularly in tropical countries, to prevent the creation of new pathways for zoonotic pathogen transmission that arise from interactions among wildlife, humans, and livestock populations;
(G)
minimizing interactions between domestic livestock and wild animals in markets and captive production;
(H)
supporting shifts from wildlife markets to diversified, safe, affordable, and accessible alternative sources of protein and nutrition through enhanced local and national food systems while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process;
(I)
improving community health, forest management practices, and safety of livestock production in tropical landscapes, particularly in hotspots for zoonotic spillover and emerging infectious diseases;
(J)
preventing degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, to minimize interactions between wildlife, human, and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to—
(i)
conserve, protect, and restore the integrity of such ecosystems; and
(ii)
support the rights of Indigenous People and local communities and their ability to continue their effective stewardship of their intact traditional lands and territories; and
(K)
supporting development and use of multi-data sourced predictive models and decisionmaking tools to identify areas of highest probability of zoonotic spillover and to determine cost-effective monitoring and mitigation approaches; and
(L)
other relevant activities described in section 30806 that are within the mandate of the United States Agency for International Development.
(3)

Immediate relief funding to stabilize protected areas
The Administrator of the United States Agency for International Development and the Secretary of State are authorized to administer immediate relief funding to stabilize protected areas and conservancies.
(d)

Staffing requirements
The Administrator of the United States Agency for International Development, in collaboration with the United States Fish and Wildlife Service, the United States Department of Agriculture Animal and Plant Health Inspection Service, the Centers for Disease Control and Prevention, and other Federal entities as appropriate, is authorized to hire additional personnel—
(1)
to undertake programs aimed at reducing the risks of endemic and emerging infectious diseases and exposure to antimicrobial resistant pathogens;
(2)
to provide administrative support and resources to ensure effective and efficient coordination of funding opportunities and sharing of expertise from relevant United States Agency for International Development bureaus and programs, including emerging pandemic threats;
(3)
to award funding to on-the-ground projects;
(4)
to provide project oversight to ensure accountability and transparency in all phases of the award process; and
(5)
to undertake additional activities under this title.
(e)

Reporting requirements
(1)

United states Department of State
(A)

In general
Not later than 180 days after the date of the enactment of this Act, and annually thereafter until 2030, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report—
(i)
describing—
(I)
the actions taken pursuant to this title, including through the application of findings and recommendations generated from the study required by section 30803 and the provision of United States technical assistance;
(II)
the impact and effectiveness of international cooperation on shutting down wildlife markets;
(III)
the impact and effectiveness of international cooperation on disrupting, deterring, and ultimately ending wildlife trafficking; and
(IV)
the impact and effectiveness of international cooperation on preventing the import, export, and domestic commercial trade in live wildlife for the purpose of human use as food or medicine, while accounting for the differentiated needs of vulnerable populations who depend upon such wildlife as a predominant source of meat or protein; and
(ii)
identifying—
(I)
foreign countries that continue to enable the operation of wildlife markets as defined by this title and the associated trade of wildlife products for human use as food or medicine that feeds such markets;
(II)
foreign governments, networks, or individuals who aid and abet or otherwise facilitate illicit wildlife trafficking; and
(III)
recommendations for incentivizing or enforcing compliance with laws and policies to close wildlife markets pursuant to section 30804 and uncontrolled, unsanitary, or illicit wildlife markets and end the associated commercial trade in live wildlife for human use as food or medicine, which may include visa restrictions and other diplomatic or economic tools.
(B)

Form
The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex.
(2)

United states agency for international development
Not later than 180 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report—
(A)
describing the actions taken pursuant to this title;
(B)
describing the impact and effectiveness of key strategies for reducing demand for consumption of such wildlife and associated wildlife markets;
(C)
summarizing additional personnel hired with funding authorized under this title, including the number hired in each bureau; and
(D)
describing partnerships developed with other institutions of higher learning and nongovernmental organizations.
30808.

One health task force
(a)

Establishment
There is established a task force to be known as the “One Health Task Force”.
(b)

Duties of task force
The duties of the Task Force shall be to—
(1)
ensure an integrated approach across the Federal Government and globally to the prevention of, early detection of, preparedness for, and response to zoonotic spillover and the outbreak and transmission of zoonotic diseases that may pose a threat to public health security;
(2)
not later than 1 year after the date of the enactment of this Act, develop and publish, on a publicly accessible website, a plan for global biosecurity and zoonotic disease prevention and response that leverages expertise in public health, consumer education and communication, behavior change, wildlife health, wildlife conservation, livestock production, veterinary health, food safety, sustainable forest management, community-based conservation, rural food security, and indigenous rights to coordinate zoonotic disease surveillance internationally, including support for One Health institutions around the world that can prevent and provide early detection of zoonotic outbreaks; and
(3)
expand the scope of the implementation of the White House’s Global Health Security Strategy to more robustly support the prevention of zoonotic spillover and respond to zoonotic disease investigations and outbreaks by establishing a 10-year strategy with specific Federal Government domestic and international goals, priorities, and timelines for action, including to—
(A)
recommend policy actions and mechanisms in developing countries to reduce the risk of zoonotic spillover and zoonotic disease emergence and transmission, including in support of those activities described in section 30807;
(B)
identify new mandates, authorities, and incentives needed to strengthen the global zoonotic disease plan under paragraph (2);
(C)
define and list priority areas as countries or regions determined to be of high risk for zoonotic disease emergence, as well as based on, but not limited to, factors that include wildlife biodiversity, livestock production, human population density, and active drivers of disease emergence such as land use change, including forest degradation and loss, intensification of livestock production, and wildlife trade;
(D)
prioritize engagement in programs that target tropical countries and regions experiencing high rates of biodiversity loss, deforestation, forest degradation, and land conversion and countries with significant markets for live wildlife for human consumption; and
(E)
identify and recommend actions to address existing gaps in efforts to prevent and respond to domestic zoonotic disease emergence and transmission.
(c)

Membership
(1)

In general
The members of the Task Force established pursuant to subsection (a) shall be composed of representatives from each of the following agencies:
(A)
One permanent Chairperson at the level of Deputy Assistant Secretary or above from the following agencies, to rotate every 2 years in an order to be determined by the Administrator:
(i)
The Department of Agriculture or the Animal and Plant Health Inspection Service.
(ii)
The Department of Health and Human Services or the Centers for Disease Control and Prevention.
(iii)
The Department of the Interior or the United States Fish and Wildlife Service.
(iv)
The Department of State.
(v)
The United States Agency for International Development.
(vi)
The National Security Council.
(B)
At least 13 additional members, with at least 1 from each of the following agencies:
(i)
The Centers for Disease Control and Prevention.
(ii)
The Department of Agriculture.
(iii)
The Department of Defense.
(iv)
The Department of State.
(v)
The Environmental Protection Agency.
(vi)
The National Science Foundation.
(vii)
The National Institutes of Health.
(viii)
The National Institute of Standards and Technology.
(ix)
The Office of Science and Technology Policy.
(x)
The United States Agency for International Development.
(xi)
The United States Fish and Wildlife Service.
(xii)
The Department of Homeland Security, FEMA.
(xiii)
United States Customs and Border Protection.
(2)

Timing of appointments
Appointments to the Task Force shall be made not later than 30 days after the date of the enactment of this Act.
(3)

Terms
(A)

In general
Each member shall be appointed for a term of 2 years.
(B)

Vacancies
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed.
(d)

Meeting
(1)

Initial meeting
The Task Force shall hold its initial meeting not later than 45 days after the final appointment of all members under subsection (c)(2).
(2)

Meetings
(A)

In general
The Task Force shall meet at the call of the Chairperson.
(B)

Quorum
Eight members of the Task Force shall constitute a quorum, but a lesser number may hold hearings.
(e)

Compensation
(1)

Prohibition of compensation
Except as provided in paragraph (2), members of the Task Force may not receive additional pay, allowances, or benefits by reason of their service on the Task Force.
(2)

Travel expenses
Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(f)

Reports
(1)

Report to task force
Not later than 6 months after the date of the enactment of this Act and annually thereafter, the Federal agencies listed in subsection (c) shall submit a report to the Task Force containing a detailed statement with respect to the results of any programming within their agencies that addresses the goals of zoonotic spillover and disease prevention.
(2)

Report to congress
Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to the appropriate congressional committees and the National Security Advisor a report containing a detailed statement of the recommendations of the Council pursuant to subsection (b).
(g)

FACA
Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Task Force. This task force shall be authorized for 7 years after the date of the enactment of this Act and up to an additional 2 years at the discretion of the Task Force Chair.
30809.

Reservation of rights
Nothing in this title shall restrict or otherwise prohibit—
(1)
legal and regulated hunting, fishing, or trapping activities for subsistence, sport, or recreation; or
(2)
the lawful domestic and international transport of legally harvested fish or wildlife trophies.
E

Committee on Oversight and Reform
40101.

Federal Rotational Cyber Workforce Program
(a)

Definitions
In this section:
(1)

Agency
The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code, except that the term does not include the Government Accountability Office.
(2)

Competitive service
The term competitive service has the meaning given that term in section 2102 of title 5, United States Code.
(3)

Councils
The term Councils means—
(A)
the Chief Human Capital Officers Council established under section 1303 of the Chief Human Capital Officers Act of 2002 (5 U.S.C. 1401 note); and
(B)
the Chief Information Officers Council established under section 3603 of title 44, United States Code.
(4)

Cyber workforce position
The term cyber workforce position means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 (5 U.S.C. 301 note).
(5)

Director
The term Director means the Director of the Office of Personnel Management.
(6)

Employee
The term employee has the meaning given the term in section 2105 of title 5, United States Code.
(7)

Employing agency
The term employing agency means the agency from which an employee is detailed to a rotational cyber workforce position.
(8)

Excepted service
The term excepted service has the meaning given that term in section 2103 of title 5, United States Code.
(9)

Rotational cyber workforce position
The term rotational cyber workforce position means a cyber workforce position with respect to which a determination has been made under subsection (b)(1).
(10)

Rotational cyber workforce program
The term rotational cyber workforce program means the program for the detail of employees among rotational cyber workforce positions at agencies.
(11)

Secretary
The term Secretary means the Secretary of Homeland Security.
(b)

Rotational cyber workforce positions
(1)

Determination with respect to rotational service
(A)

In general
The head of each agency may determine that a cyber workforce position in that agency is eligible for the rotational cyber workforce program, which shall not be construed to modify the requirement under subsection (c)(2)(C) that participation in the rotational cyber workforce program by an employee shall be voluntary.
(B)

Notice provided
The head of an agency shall submit to the Director—
(i)
notice regarding any determination made by the head of the agency under subparagraph (A); and
(ii)
for each position with respect to which the head of the agency makes a determination under subparagraph (A), the information required under paragraph (2)(A).
(2)

Preparation of list
The Director, with assistance from the Councils and the Secretary, shall develop a list of rotational cyber workforce positions that—
(A)
with respect to each such position, to the extent that the information does not disclose sensitive national security information, includes—
(i)
the title of the position;
(ii)
the occupational series with respect to the position;
(iii)
the grade level or work level with respect to the position;
(iv)
the agency in which the position is located;
(v)
the duty location with respect to the position; and
(vi)
the major duties and functions of the position; and
(B)
shall be used to support the rotational cyber workforce program.
(3)

Distribution of list
Not less frequently than annually, the Director shall distribute an updated list developed under paragraph (2) to the head of each agency and other appropriate entities.
(c)

Rotational cyber workforce program
(1)

Operation plan
(A)

In general
Not later than 270 days after the date of enactment of this section, and in consultation with the Councils, the Secretary, representatives of other agencies, and any other entity as the Director determines appropriate, the Director shall develop and issue a Federal Rotational Cyber Workforce Program operation plan providing policies, processes, and procedures for a program for the detailing of employees among rotational cyber workforce positions at agencies, which may be incorporated into and implemented through mechanisms in existence on the date of enactment of this section.
(B)

Updating
The Director may, in consultation with the Councils, the Secretary, and other entities as the Director determines appropriate, periodically update the operation plan developed and issued under subparagraph (A).
(2)

Requirements
The operation plan developed and issued under paragraph (1) shall, at a minimum—
(A)
identify agencies for participation in the rotational cyber workforce program;
(B)
establish procedures for the rotational cyber workforce program, including—
(i)
any training, education, or career development requirements associated with participation in the rotational cyber workforce program;
(ii)
any prerequisites or requirements for participation in the rotational cyber workforce program; and
(iii)
appropriate rotational cyber workforce program performance measures, reporting requirements, employee exit surveys, and other accountability devices for the evaluation of the program;
(C)
provide that participation in the rotational cyber workforce program by an employee shall be voluntary;
(D)
provide that an employee shall be eligible to participate in the rotational cyber workforce program if the head of the employing agency of the employee, or a designee of the head of the employing agency of the employee, approves of the participation of the employee;
(E)
provide that the detail of an employee to a rotational cyber workforce position under the rotational cyber workforce program shall be on a nonreimbursable basis;
(F)
provide that agencies may agree to partner to ensure that the employing agency of an employee that participates in the rotational cyber workforce program is able to fill the position vacated by the employee;
(G)
require that an employee detailed to a rotational cyber workforce position under the rotational cyber workforce program, upon the end of the period of service with respect to the detail, shall be entitled to return to the position held by the employee, or an equivalent position, in the employing agency of the employee without loss of pay, seniority, or other rights or benefits to which the employee would have been entitled had the employee not been detailed;
(H)
provide that discretion with respect to the assignment of an employee under the rotational cyber workforce program shall remain with the employing agency of the employee;
(I)
require that an employee detailed to a rotational cyber workforce position under the rotational cyber workforce program in an agency that is not the employing agency of the employee shall have all the rights that would be available to the employee if the employee were detailed under a provision of law other than this section from the employing agency to the agency in which the rotational cyber workforce position is located;
(J)
provide that participation by an employee in the rotational cyber workforce program shall not constitute a change in the conditions of the employment of the employee; and
(K)
provide that an employee participating in the rotational cyber workforce program shall receive performance evaluations relating to service in the rotational cyber workforce program in a participating agency that are—
(i)
prepared by an appropriate officer, supervisor, or management official of the employing agency, acting in coordination with the supervisor at the agency in which the employee is performing service in the rotational cyber workforce position;
(ii)
based on objectives identified in the operation plan with respect to the employee; and
(iii)
based in whole or in part on the contribution of the employee to the agency in which the employee performed such service, as communicated from that agency to the employing agency of the employee.
(3)

Program requirements for rotational service
(A)

In general
An employee serving in a cyber workforce position in an agency may, with the approval of the head of the agency, submit an application for detail to a rotational cyber workforce position that appears on the list developed under subsection (b)(2).
(B)

OPM approval for certain positions
An employee serving in a position in the excepted service may only be selected for a rotational cyber workforce position that is in the competitive service with the prior approval of the Office of Personnel Management, in accordance with section 300.301 of title 5, Code of Federal Regulations, or any successor thereto.
(C)

Selection and term
(i)

Selection
The head of an agency shall select an employee for a rotational cyber workforce position under the rotational cyber workforce program in a manner that is consistent with the merit system principles under section 2301(b) of title 5, United States Code.
(ii)

Term
Except as provided in clause (iii), and notwithstanding section 3341(b) of title 5, United States Code, a detail to a rotational cyber workforce position shall be for a period of not less than 180 days and not more than 1 year.
(iii)

Extension
The Chief Human Capital Officer of the agency to which an employee is detailed under the rotational cyber workforce program may extend the period of a detail described in clause (ii) for a period of 60 days unless the Chief Human Capital Officer of the employing agency of the employee objects to that extension.
(D)

Written service agreements
(i)

In general
The detail of an employee to a rotational cyber workforce position shall be contingent upon the employee entering into a written service agreement with the employing agency under which the employee is required to complete a period of employment with the employing agency following the conclusion of the detail that is equal in length to the period of the detail.
(ii)

Other agreements and obligations
A written service agreement under clause (i) shall not supersede or modify the terms or conditions of any other service agreement entered into by the employee under any other authority or relieve the obligations between the employee and the employing agency under such a service agreement. Nothing in this clause prevents an employing agency from terminating a service agreement entered into under any other authority under the terms of such agreement or as required by law or regulation.
(d)

Reporting by GAO
Not later than the end of the third fiscal year after the fiscal year in which the operation plan under subsection (c)(1) is issued, the Comptroller General of the United States shall submit to Congress a report assessing the operation and effectiveness of the rotational cyber workforce program, which shall address, at a minimum—
(1)
the extent to which agencies have participated in the rotational cyber workforce program, including whether the head of each such participating agency has—
(A)
identified positions within the agency that are rotational cyber workforce positions;
(B)
had employees from other participating agencies serve in positions described in subparagraph (A); and
(C)
had employees of the agency request to serve in rotational cyber workforce positions under the rotational cyber workforce program in participating agencies, including a description of how many such requests were approved; and
(2)
the experiences of employees serving in rotational cyber workforce positions under the rotational cyber workforce program, including an assessment of—
(A)
the period of service;
(B)
the positions (including grade level and occupational series or work level) held by employees before completing service in a rotational cyber workforce position under the rotational cyber workforce program;
(C)
the extent to which each employee who completed service in a rotational cyber workforce position under the rotational cyber workforce program achieved a higher skill level, or attained a skill level in a different area, with respect to information technology, cybersecurity, or other cyber-related functions; and
(D)
the extent to which service in rotational cyber workforce positions has affected intra-agency and interagency integration and coordination of cyber practices, functions, and personnel management.
(e)

Sunset
Effective 5 years after the date of enactment of this Act, this section is repealed.
40102.

AI in counterterrorism oversight enhancement
(a)

Amendments to authorities and responsibilities of privacy and civil liberties officers
Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C 2000ee–1) is amended—
(1)
in subsection (a)—
(A)
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and
(B)
by inserting after paragraph (2) the following new paragraph:
“(3)
provide to the Privacy and Civil Liberties Oversight Board, with respect to covered artificial intelligence-enabled technologies—
(A)
not later than 180 days after the date on which this paragraph takes effect, and every 6 months thereafter, written notice of the use of such technologies or planned evaluation, use, development, acquisition, retention of services for, or repurposing of such technologies;
(B)
access to associated impact statements, including system of record notices, privacy impact assessments, and civil liberties impact assessments;
(C)
access to associated information and materials documenting—
(i)
the processes for data collection related to such technologies, for obtaining consent related to the use of such technologies, or for the disclosure of the use of such technologies;
(ii)
the algorithms and models of such technologies;
(iii)
the data resources used, or to be used, in the training of such technologies, including a comprehensive listing of any data assets or public data assets (or any combination thereof) used, or to be used, in the training of such technologies;
(iv)
data governance processes and procedures, including acquisition, protection, retention, sharing, and access, related to data resources associated with such technologies; and
(v)
processes for training and testing, evaluating, validating, and modifying such technologies; and
(D)
access to all other associated information and materials.”;
(2)
in subsection (d)(1), by inserting “(including as described under subsection (a)(3))” after “officer”; and
(3)
by adding at the end the following:
“(i)

Definitions
In this section:
(1)

Artificial intelligence
The term artificial intelligence has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).
(2)

Covered artificial intelligence-enabled technology
The term covered artificial intelligence-enabled technology means an artificial intelligence-enabled technology (including a classified technology)—
(A)
in use by the applicable department, agency, or element, to protect the Nation from terrorism; or
(B)
that the applicable department, agency, or element plans to evaluate, develop, acquire, retain, or repurpose to protect the Nation from terrorism.
(3)

Data asset: public data asset
The terms data asset and public data asset have the meaning given those terms in section 3502 of title 44, United States Code.”.
(b)

Self-Assessment by Privacy and Civil Liberties Oversight Board
Not later than one year after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) shall provide to the appropriate committees (as described in subsection (e) of such section) a self-assessment of any change in authorities, resources, or organizational structure that may be necessary to carry out the functions described in subsection (d) of such section related to artificial intelligence-enabled technologies.
(c)

Definition
In this section, the term artificial intelligence has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).
(d)

Effective date
Subsections (a) and (b), and the amendments made by such subsections, shall take effect on the date that is one year after the date of the enactment of this Act.
40103.

Defense priorities effectiveness study
The Comptroller General of the United States shall study the effectiveness of the Defense Priorities and Allocations System (as described in part 700 of title 15, Code of Federal Regulations) at assuring the timely availability of industrial resources, including semiconductor and other microelectronics products, to meet national defense and emergency preparedness program requirements.
40104.

Inflation study
The Comptroller General shall, not later than 1 year after the date of the enactment of this Act, conduct a study and submit to the Congress a report that analyzes—
(1)
the impacts of this Act and the amendments made by this Act on inflation; and
(2)
how all amounts appropriated pursuant to this Act are spent.
40105.

GAO report on inflation
Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report that includes the following:
(1)
An analysis of the effects of this Act on inflation for the year after the date of the enactment of this Act.
(2)
A projection for how this Act will affect inflation during the second year following such date of enactment and for every year thereafter for the next 8 years.
40106.

American Security Drone Act
(a)

Short title
This section may be cited as the “American Security Drone Act of 2022”.
(b)

Definitions
In this section:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the congressional defense committees as defined in section 101(a) of title 10, United States Code;
(B)
the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and
(C)
the Committee on Commerce, Science, and Transportation of the Senate.
(2)

Covered foreign entity
The term covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council that includes entities in the following categories:
(A)
An entity included on the Consolidated Screening List.
(B)
Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security.
(C)
Any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence and the Secretary of Defense, determines poses a national security risk.
(D)
Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security.
(E)
Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
(3)

Executive agency
The term executive agency has the meaning given that term in section 133 of title 41, United States Code.
(4)

Unmanned aircraft system; UAS
Except as otherwise provided, the terms unmanned aircraft system and UAS mean an unmanned aircraft and associated elements (consisting of communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
(c)

Prohibition on procurement of unmanned aircraft systems from covered foreign entities
(1)

In general
Except as provided under paragraphs (2) and (3), the head of an executive agency may not procure any unmanned aircraft system that is manufactured, assembled, designed, or patented by a covered foreign entity that are required for the operator to operate safely and efficiently in the national airspace system. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements.
(2)

Exemption
The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under paragraph (1) if the operation or procurement—
(A)
is for the sole purposes of research, evaluation, training, testing, or analysis for—
(i)
electronic warfare;
(ii)
information warfare operations;
(iii)
development of UAS or counter-UAS technology;
(iv)
counterterrorism or counterintelligence activities; or
(v)
Federal criminal investigations, including forensic examinations; and
(B)
is required in the national interest of the United States.
(3)

Waiver
The head of an executive agency may waive the prohibition under paragraph (1)—
(A)
with the approval of the Secretary of Homeland Security or the Secretary of Defense; and
(B)
upon notification to Congress.
(d)

Prohibition on operation of unmanned aircraft systems from covered foreign entities
(1)

Prohibition
(A)

In general
Beginning on the date that is 2 years after the date of the enactment of this Act, an executive agency may not operate an unmanned aircraft system manufactured, assembled, designed, or patented by a covered foreign entity.
(B)

Applicability to contracted services
The prohibition under subparagraph (A) applies to any unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of unmanned aircraft systems.
(2)

Exemption
The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under paragraph (1) if the operation or procurement—
(A)
is for the sole purposes of research, evaluation, training, testing, or analysis for—
(i)
electronic warfare;
(ii)
information warfare operations;
(iii)
development of UAS or counter-UAS technology;
(iv)
counterterrorism or counterintelligence activities; or
(v)
Federal criminal investigations, including forensic examinations; and
(B)
is required in the national interest of the United States.
(3)

Waiver
The head of an executive agency may waive the prohibition under paragraph (1) on a case-by-case basis—
(A)
with the approval of the Secretary of Homeland Security or the Secretary of Defense; and
(B)
upon notification to Congress.
(4)

Regulations and guidance
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations or guidance to implement this subsection.
(e)

Prohibition on use of Federal funds for purchases and operation of unmanned aircraft systems from covered foreign entities
(1)

In general
Beginning on the date that is 2 years after the date of the enactment of this Act, except as provided in paragraphs (2) and (3), Federal funds awarded through a contract, grant, or cooperative agreement entered into on or after such effective date, or otherwise made available, may not be used—
(A)
to purchase a unmanned aircraft system, or a system to counter unmanned aircraft systems, that is manufactured, assembled, designed, or patented by a covered foreign entity; or
(B)
in connection with the operation of such a drone or unmanned aircraft system.
(2)

Exemption
An executive agency is exempt from the restriction under paragraph (1) if the operation or procurement is for the sole purposes of research, evaluation, training, testing, or analysis, as determined by the Secretary of Homeland Security, the Secretary of Defense, or the Attorney General, for—
(A)
electronic warfare;
(B)
information warfare operations;
(C)
development of UAS or counter-UAS technology;
(D)
counterterrorism or counterintelligence activities;
(E)
Federal criminal investigations, including forensic examinations; or
(F)
the safe integration of UAS in the national airspace (as determined in consultation with the Secretary of Transportation); and
(G)
is required in the national interest of the United States.
(3)

Waiver
The head of an executive agency may waive the prohibition under paragraph (1) on a case-by-case basis—
(A)
with the approval of the Secretary of Homeland Security or the Secretary of Defense; and
(B)
upon notification to Congress.
(4)

Regulations
Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this subsection relating to Federal contracts.
(f)

Prohibition on use of government-Issued purchase cards to purchase unmanned aircraft systems from covered foreign entities
Effective immediately, Government-issued Purchase Cards may not be used to procure any unmanned aircraft system from a covered foreign entity.
(g)

Management of existing inventories of unmanned aircraft systems from covered foreign entities
(1)

In general
Effective immediately, all executive agencies must account for existing inventories of unmanned aircraft systems manufactured, assembled, designed, or patented by a covered foreign entity in their personal property accounting systems, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities.
(2)

Classified tracking
Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to unmanned aircraft systems manufactured, assembled, designed, or patented by a covered foreign entity may be tracked at a classified level.
(3)

Exceptions
The Department of Defense and Department of Homeland Security may exclude from the full inventory process, unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues or that are one-time-use unmanned aircraft system due to requirements and low cost.
(h)

Comptroller General report
Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.
(i)

Government-Wide policy for procurement of unmanned aircraft systems
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of UAS—
(A)
for non-Department of Defense and non-intelligence community operations; and
(B)
through grants and cooperative agreements entered into with non-Federal entities.
(2)

Information security
The policy developed under paragraph (1) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing and transmitting Federal information in a UAS:
(A)
Protections to ensure controlled access of UAS.
(B)
Protecting software, firmware, and hardware by ensuring changes to UAS are properly managed, including by ensuring UAS can be updated using a secure, controlled, and configurable mechanism.
(C)
Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information.
(D)
Appropriate safeguards necessary to protect sensitive information, including during and after use of UAS.
(E)
Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations.
(F)
The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required.
(3)

Requirement
The policy developed under paragraph (1) shall reflect an appropriate risk-based approach to information security related to use of UAS.
(4)

Revision of acquisition regulations
Not later than 180 days after the date on which the policy required under paragraph (1) is issued—
(A)
the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and
(B)
any executive agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy.
(5)

Exemption
In developing the policy required under paragraph (1), the Director of the Office of Management and Budget shall incorporate an exemption to the policy for the following reasons:
(A)
In the case of procurement for the purposes of training, testing or analysis for—
(i)
electronic warfare; or
(ii)
information warfare operations.
(B)
In the case of researching UAS technology, including testing, evaluation, research, or development of technology to counter UAS.
(C)
In the case of a head of the procuring executive agency determining, in writing, that no product that complies with the information security requirements described in paragraph (2) is capable of fulfilling mission critical performance requirements, and such determination—
(i)
may not be delegated below the level of the Deputy Secretary of the procuring executive agency;
(ii)
shall specify—
(I)
the quantity of end items to which the waiver applies, the procurement value of which may not exceed $50,000 per waiver; and
(II)
the time period over which the waiver applies, which shall not exceed 3 years;
(iii)
shall be reported to the Office of Management and Budget following issuance of such a determination; and
(iv)
not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.
(j)

Study on the supply chain for unmanned aircraft systems and components
(1)

Report required
Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Administrator of the National Aeronautics and Space Administration, shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems.
(2)

Elements
The report under paragraph (1) shall include the following:
(A)
A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity.
(B)
A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries.
(C)
The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the National Aeronautics and Space Administration and other interested persons.
(D)
Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate.
(3)

Covered unmanned aircraft system defined
In this subsection, the term covered unmanned aircraft system means an unmanned aircraft system (as defined in subsection (b)) and any components of such a system.
F

Committee on Homeland Security
50101.

Homeland procurement reform
(a)

In general
Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following:
“836.

Requirements to buy certain items related to national security interests
(a)

Definitions
In this section:
(1)

Covered item
The term covered item means any of the following:
(A)
Footwear provided as part of a uniform.
(B)
Uniforms.
(C)
Holsters and tactical pouches.
(D)
Patches, insignia, and embellishments.
(E)
Chemical, biological, radiological, and nuclear protective gear.
(F)
Body armor components intended to provide ballistic protection for an individual, consisting of one or more of the following:
(i)
Soft ballistic panels.
(ii)
Hard ballistic plates.
(iii)
Concealed armor carriers worn under a uniform.
(iv)
External armor carriers worn over a uniform.
(G)
Any other item of clothing or protective equipment as determined appropriate by the Secretary.
(2)

Frontline operational component
The term frontline operational component means any of the following of the Department:
(A)
U.S. Customs and Border Protection.
(B)
U.S. Immigration and Customs Enforcement.
(C)
The United States Secret Service.
(D)
The Transportation Security Administration.
(E)
The Coast Guard.
(F)
The Federal Protective Service.
(G)
The Federal Emergency Management Agency.
(H)
The Federal Law Enforcement Training Centers.
(I)
The Cybersecurity and Infrastructure Security Agency.
(b)

Requirements
(1)

In general
The Secretary shall ensure that any procurement of a covered item for a frontline operational component satisfies the following criteria:
(A)
To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured or supplied in the United States by entities that qualify as small business concerns, as such term is described under section 3 of the Small Business Act (15 U.S.C. 632).
(B)
Covered items may only be supplied pursuant to subparagraph (A) to the extent that United States entities that qualify as small business concerns are unable to manufacture covered items that meet the criteria identified in subparagraph (C).
(C)
Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item—
(i)
is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and
(ii)
is in compliance with ISO 9001:2015 of the International Organization for Standardization (or successor standard) or a standard determined appropriate by the Secretary to ensure the quality of products and adherence to applicable statutory and regulatory requirements.
(D)
Each supplier of such a covered item with an insignia (such as any patch, badge, or emblem) and each supplier of such an insignia, if such covered item with such insignia or such insignia, as the case may be, is not produced, applied, or assembled in the United States, shall—
(i)
store such covered item with such insignia or such insignia in a locked area;
(ii)
report any pilferage or theft of such covered item with such insignia or such insignia occurring at any stage before delivery of such covered item with such insignia or such insignia; and
(iii)
destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of destruction.
(2)

Waiver
(A)

In general
In the case of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) or a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may waive criteria specified in subparagraph (A), (B) or (C) of paragraph (1) if the Secretary determines there is an insufficient supply of a covered item that satisfies such criteria.
(B)

Notice
Not later than 60 days after the date on which the Secretary determines a waiver under subparagraph (A) is necessary, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include—
(i)
identification of the national emergency or major disaster at issue declared by the President;
(ii)
identification of the covered item for which the Secretary intends to issue the waiver; and
(iii)
a description of the demand for the covered item and corresponding lack of supply from contractors able to satisfy criteria specified in subparagraph (B) or (C) of paragraph (1).
(c)

Pricing
The Secretary shall ensure that covered items are purchased at a fair and reasonable price, consistent with the procedures and guidelines specified in the Federal Acquisition Regulation.
(d)

Report
Not later than one year after the date of enactment of this section and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a briefing on instances in which vendors have failed to meet deadlines for delivery of covered items and corrective actions taken by the Department in response to such instances.
(e)

Effective date
This section applies with respect to a contract entered into by the Department or any frontline operational component on or after the date that is 180 days after the date of the enactment of this section.”.
(b)

Study
(1)

In general
Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a study of the adequacy of uniform allowances provided to employees of frontline operational components (as such term is defined in section 836 of the Homeland Security Act of 2002, as added by subsection (a)).
(2)

Requirements
The study conducted under paragraph (1) shall—
(A)
be informed by a Department-wide survey of employees from across the Department of Homeland Security who receive uniform allowances that seeks to ascertain what, if any, improvements could be made to the current uniform allowances and what, if any, impacts current allowances have had on employee morale and retention;
(B)
assess the adequacy of the most recent increase made to the uniform allowance for first year employees; and
(C)
consider increasing by 50 percent, at minimum, the annual allowance for all other employees.
(c)

Additional report
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a report with recommendations on how the Department of Homeland Security could procure additional items from domestic sources and bolster the domestic supply chain for items related to national security to—
(A)
the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
(B)
the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives.
(2)

Contents
The report required under paragraph (1) shall include the following:
(A)
A review of the compliance of the Department of Homeland Security with the requirements under section 604 of title VI of division A of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items related to national security interests from sources in the United States.
(B)
An assessment of the capacity of the Department of Homeland Security to procure the following items from domestic sources:
(i)
Personal protective equipment and other items necessary to respond to a pandemic such as that caused by COVID–19.
(ii)
Helmets that provide ballistic protection and other head protection and components.
(iii)
Rain gear, cold weather gear, and other environmental and flame resistant clothing.
(d)

Clerical amendment
The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 835 the following new item:
“Sec. 836. Requirements to buy certain items related to national security interests.”.
50102.

DHS software supply chain risk management
(a)

Guidance
The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new covered contracts.
(b)

New covered contracts
In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer—
(1)
a planned bill of materials when submitting a bid proposal; and
(2)
the certification and notifications described in subsection (d).
(c)

Updating bill of materials
With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsection (b)(1), each contractor shall submit to the covered officer in a timely manner the update to such bill of materials.
(d)

Certification and notifications
The certification and notifications referred to in subsection (b)(2), with respect to a covered contract, are the following:
(1)
A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service identified in—
(A)
the National Institute of Standards and Technology National Vulnerability Database; and
(B)
any database designated by the Under Secretary, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, that tracks security vulnerabilities and defects in open source or third-party developed software.
(2)
A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through—
(A)
the certification of such submitted bill of materials required under paragraph (1); or
(B)
any other manner of identification.
(3)
A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2).
(e)

Enforcement
In developing guidance under subsection (a), the Secretary of Homeland Security shall instruct covered officers with respect to—
(1)
the processes available to such officers enforcing subsections (b) and (c); and
(2)
when such processes should be used.
(f)

Effective date
The guidance required under subsection (a) shall take effect on the date that is one year after the date of the enactment of this section.
(g)

Regulations
The Department shall prescribe such regulations as may be necessary to carry out this section.
(h)

GAO report
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary of Homeland Security, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes—
(1)
a review of the implementation of this section;
(2)
information relating to the engagement of the Department of Homeland Security with industry;
(3)
an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order No. 14208 (86 Fed. Reg. 26633; relating to improving the nation’s cybersecurity); and
(4)
any recommendations relating to improving the supply chain with respect to covered contracts.
(i)

Definitions
In this section:
(1)

Bill of materials
The term bill of materials means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary.
(2)

Covered contract
The term covered contract means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security.
(3)

Covered information and communications technology or services
The term covered information and communications technology or services means the terms—
(A)
“information technology” (as such term is defined in section 11101(6) of title 40, United States Code);
(B)
“information system” (as such term is defined in section 3502(8) of title 44, United States Code);
(C)
“telecommunications equipment” (as such term is defined in section 3(52) of the Communications Act of 1934 (47 U.S.C. 153(52))); and
(D)
“telecommunications service” (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))).
(4)

Covered officer
The term covered officer means—
(A)
a contracting officer of the Department of Homeland Security; and
(B)
any other official of the Department as determined appropriate by the Under Secretary.
(5)

Software
The term software means computer programs and associated data that may be dynamically written or modified during execution.
(6)

Under Secretary
The term Under Secretary means the Under Secretary for Management of the Department of Homeland Security.
50103.

Department of Homeland Security Mentor-Protégé Program
(a)

In general
Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:
“890B.

Mentor-protégé program
(a)

Establishment
There is established in the Department a mentor-protégé program (in this section referred to as the “Program”) under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department.
(b)

Eligibility
The Secretary shall establish criteria for mentor firms and protégé firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.
(c)

Program application and approval
(1)

Application
The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protégé firm selected by the mentor firm. The application shall include each of the following:
(A)
A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protégé firm.
(B)
A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.
(C)
An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.
(D)
Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm’s developmental progress.
(E)
Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.
(2)

Approval
Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.
(3)

Rescission
The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.
(d)

Program duration
A mentor firm and protégé firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.
(e)

Program benefits
A mentor firm and protégé firm that enter into an agreement under this section may receive the following Program benefits:
(1)
With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.
(2)
With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protégé firm.
(3)
A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.
(f)

Reporting
Not later than one year after the date of the enactment of this section and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report covering the immediately preceding 12 month period that—
(1)
identifies each agreement between a mentor firm and a protégé firm entered into under this section, including the number of protégé firm participants that are—
(A)
small business concerns;
(B)
small business concerns owned and controlled by veterans;
(C)
small business concerns owned and controlled by service-disabled veterans;
(D)
qualified HUBZone small business concerns;
(E)
small business concerns owned and controlled by socially and economically disadvantaged individuals;
(F)
small business concerns owned and controlled by women;
(G)
historically Black colleges and universities; and
(H)
minority-serving institutions;
(2)
describes the type of assistance provided by mentor firms to protégé firms;
(3)
identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and
(4)
assesses the degree to which there has been—
(A)
an increase in the technical capabilities of protégé firms; and
(B)
an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by each such report.
(g)

Rule of construction
Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section conflicts with any other provision of law, regulation, or policy, this section shall control.
(h)

Definitions
In this section:
(1)

Historically Black college or university
The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(2)

Mentor firm
The term mentor firm means a for-profit business concern that is not a small business concern that—
(A)
has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and
(B)
satisfies any other requirements imposed by the Secretary.
(3)

Minority-serving institution
The term minority-serving institution means an institution of higher education described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(4)

Protégé firm
The term protégé firm means a small business concern, a historically Black college or university, or a minority-serving institution that—
(A)
is eligible to enter into a prime contract or subcontract with the Department; and
(B)
satisfies any other requirements imposed by the Secretary.
(5)

Small business act definitions
The terms small business concern, small business concern owned and controlled by veterans, small business concern owned and controlled by service-disabled veterans, qualified HUBZone small business concern, and small business concern owned and controlled by women have the meanings given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).”.
(b)

Clerical amendment
The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item:
“Sec. 890B. Mentor-protégé program.”.
50104.

Unmanned aerial security
(a)

Prohibition on agency operation or procurement
Except as provided in subsection (b) and subsection (c)(3), the Secretary of Homeland Security may not operate, provide financial assistance for, or enter into or renew a contract for the procurement of—
(1)
an unmanned aircraft system (UAS) that—
(A)
is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;
(B)
uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;
(C)
uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country; or
(D)
uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country;
(2)
a software operating system associated with a UAS that uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country; or
(3)
a system for the detection or identification of a UAS, which system is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country.
(b)

Waiver
(1)

In general
The Secretary of Homeland Security is authorized to waive the prohibition under subsection (a) if the Secretary certifies in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS referred to in any of subparagraphs (A) through (C) of paragraph (1) of such subsection that is the subject of such a waiver is required—
(A)
in the national interest of the United States;
(B)
for counter-UAS surrogate research, testing, development, evaluation, or training; or
(C)
for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.
(2)

Notice
The certification described in paragraph (1) shall be submitted to the Committees specified in such paragraph by not later than the date that is 14 days after the date on which a waiver is issued under such paragraph.
(c)

Effective dates
(1)

In general
This section shall take effect on the date that is 120 days after the date of the enactment of this Act.
(2)

Waiver process
Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a process by which the head of an office or component of the Department of Homeland Security may request a waiver under subsection (b).
(3)

Exception
Notwithstanding the prohibition under subsection (a), the head of an office or component of the Department of Homeland Security may continue to operate a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS described in any of paragraphs (1) through (3) of such subsection that was in the inventory of such office or component on the day before the effective date of this section until—
(A)
such time as the Secretary of Homeland Security has—
(i)
granted a waiver relating thereto under subsection (b), or
(ii)
declined to grant such a waiver, or
(B)
one year after the date of the enactment of this Act,
whichever is later.
(d)

Drone origin security report to Congress
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a terrorism threat assessment and report that contains information relating to the following:
(1)
The extent to which the Department of Homeland Security has previously analyzed the threat that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country operating in the United States poses, and the results of such analysis.
(2)
The number of UAS, software operating systems associated with a UAS, or systems for the detection or identification of a UAS from a covered foreign country in operation by the Department, including an identification of the component or office of the Department at issue, as of such date.
(3)
The extent to which information gathered by such a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country could be employed to harm the national or economic security of the United States.
(e)

Definitions
In this section:
(1)

Covered foreign country
The term covered foreign country means a country that—
(A)
the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or
(B)
the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment.
(2)

Intelligence community
The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3)

Unmanned aircraft system; UAS
The terms unmanned aircraft system and UAS have the meaning given the term unmanned aircraft system in section 341 of the FAA Modernization Act of 2018 (Public Law 115–254).
50105.

Metrics and reports on technologies relating to irregular migration along the southern border
(a)

Metrics
Not later than one year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection (CBP) shall develop metrics to measure how procured technologies have helped deter or address irregular migration along the southern border, including ways in which technologies have altered migration routes and patterns.
(b)

Reports
(1)

Initial report
Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report on progress made toward developing the metrics required under subsection (a).
(2)

Final report
Not later than 180 days after completion of the development of such metrics, the Commissioner shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report on the findings of CBP relating to the effectiveness of implemented technologies on deterring or addressing irregular migration along the southern border.
50106.

Report on current standards and guidelines for managing ports of entry under the control of the Department of Homeland Security
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Commerce, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report that contains an assessment of the current standards and guidelines for managing ports of entry under the control of the Department of Homeland Security. Such assessment shall include information relating to the following:
(1)
Staffing levels and need for additional staffing.
(2)
Rules governing the actions of Office of Field Operations officers.
(3)
Average delays for transit through air, land, and sea ports of entry.
(4)
Assessment of existing efforts and technologies used for border security, and the effect of the use of such efforts and technologies on facilitating trade at ports of entry and their impact on civil rights, private property rights, privacy rights, and civil liberties.
(5)
Economic impact of the policies and practices of CBP Agricultural Specialists and Office of Field Operations personnel.
(6)
Physical infrastructure and technological needs at ports of entry.
(7)
Data reflecting the specific needs of geographically separate ports of entry within the same U.S. Border Patrol sector.
50107.

Improving cybersecurity of small entities
(a)

Definitions
In this section:
(1)

Administrator
The term Administrator means the Administrator of the Small Business Administration.
(2)

Annual cybersecurity report; small business; small entity; small governmental jurisdiction; small organization
The terms annual cybersecurity report, small business, small entity, small governmental jurisdiction, and small organization have the meanings given those terms in section 2220D of the Homeland Security Act of 2002, as added by subsection (b).
(3)

CISA
The term CISA means the Cybersecurity and Infrastructure Security Agency.
(4)

Commission
The term Commission means the Federal Trade Commission.
(5)

Secretary
The term Secretary means the Secretary of Commerce.
(b)

Annual report
(1)

Amendment
Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:
“2220D.

Annual cybersecurity report for small entities
(a)

Definitions
(1)

Administration
The term Administration means the Small Business Administration.
(2)

Administrator
The term Administrator means the Administrator of the Administration.
(3)

Annual cybersecurity report
The term annual cybersecurity report means the annual cybersecurity report published and promoted under subsections (b) and (c), respectively.
(4)

Commission
The term Commission means the Federal Trade Commission.
(5)

Electronic device
The term electronic device means any electronic equipment that is—
(A)
used by an employee or contractor of a small entity for the purpose of performing work for the small entity;
(B)
capable of connecting to the internet or another communication network; and
(C)
capable of sending, receiving, or processing personal information.
(6)

NIST
The term NIST means the National Institute of Standards and Technology.
(7)

Small business
The term small business has the meaning given the term small business concern under section 3 of the Small Business Act (15 U.S.C. 632).
(8)

Small entity
The term small entity means—
(A)
a small business;
(B)
a small governmental jurisdiction; and
(C)
a small organization.
(9)

Small governmental jurisdiction
The term small governmental jurisdiction means governments of cities, counties, towns, townships, villages, school districts, or special districts with a population of less than 50,000.
(10)

Small organization
The term small organization means any not-for-profit enterprise that is independently owned and operated and is not dominant in its field.
(b)

Annual cybersecurity report
(1)

In general
Not later than 180 days after the date of enactment of this section, and not less frequently than annually thereafter, the Director shall publish a report for small entities that documents and promotes evidence-based cybersecurity policies and controls for use by small entities, which shall—
(A)
include basic controls that have the most impact in protecting small entities against common cybersecurity threats and risks;
(B)
include protocols and policies to address common cybersecurity threats and risks posed by electronic devices, regardless of whether the electronic devices are—
(i)
issued by the small entity to employees and contractors of the small entity; or
(ii)
personal to the employees and contractors of the small entity; and
(C)
recommend, as practicable—
(i)
measures to improve the cybersecurity of small entities; and
(ii)
configurations and settings for some of the most commonly used software that can improve the cybersecurity of small entities.
(2)

Existing recommendations
The Director shall ensure that each annual cybersecurity report published under paragraph (1) incorporates—
(A)
cybersecurity resources developed by NIST, as required by the NIST Small Business Cybersecurity Act (Public Law 115–236); and
(B)
the most recent version of the Cybersecurity Framework, or successor resource, maintained by NIST.
(3)

Consideration for specific types of small entities
The Director may include and prioritize the development of cybersecurity recommendations, as required under paragraph (1), appropriate for specific types of small entities in addition to recommendations applicable for all small entities.
(4)

Consultation
In publishing the annual cybersecurity report under paragraph (1), the Director shall, to the degree practicable and as appropriate, consult with—
(A)
the Administrator, the Secretary of Commerce, the Commission, and the Director of NIST;
(B)
small entities, insurers, State governments, companies that work with small entities, and academic and Federal and non-Federal experts in cybersecurity; and
(C)
any other entity as determined appropriate by the Director.
(c)

Promotion of annual cybersecurity report for small businesses
(1)

Publication
The annual cybersecurity report, and previous versions of the report as appropriate, published under subsection (b)(1) shall be—
(A)
made available, prominently and free of charge, on the public website of the Agency; and
(B)
linked to from relevant portions of the websites of the Administration and the Minority Business Development Agency, as determined by the Administrator and the Director of the Minority Business Development Agency, respectively.
(2)

Promotion generally
The Director, the Administrator, and the Secretary of Commerce shall, to the degree practicable, promote the annual cybersecurity report through relevant resources that are intended for or known to be regularly used by small entities, including agency documents, websites, and events.
(d)

Training and technical assistance
The Director, the Administrator, and the Director of the Minority Business Development Agency shall make available to employees of small entities voluntary training and technical assistance on how to implement the recommendations of the annual cybersecurity report.”.
(2)

Technical and conforming amendment
The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 2220C the following:
“Sec. 2220D. Annual cybersecurity report for small entities.”.
(c)

Report to Congress
(1)

In general
Not later than 1 year after the date of enactment of this Act, and annually thereafter for 10 years, the Secretary shall submit to Congress a report describing methods to improve the cybersecurity of small entities, including through the adoption of policies, controls, and classes of products and services that have been demonstrated to reduce cybersecurity risk.
(2)

Matters to be included
The report required under paragraph (1) shall—
(A)
identify barriers or challenges for small entities in purchasing or acquiring classes of products and services that promote the cybersecurity of small entities;
(B)
assess market availability, market pricing, and affordability of classes of products and services that promote the cybersecurity of small entities, with particular attention to identifying high-risk and underserved sectors or regions;
(C)
estimate the costs and benefits of policies that promote the cybersecurity of small entities, including—
(i)
tax breaks;
(ii)
grants and subsidies; and
(iii)
other incentives as determined appropriate by the Secretary;
(D)
describe evidence-based cybersecurity controls and policies that improve the cybersecurity of small entities;
(E)
with respect to the incentives described in subparagraph (C), recommend measures that can effectively improve cybersecurity at scale for small entities; and
(F)
include any other matters as the Secretary determines relevant.
(3)

Specific sectors of small entities
In preparing the report required under paragraph (1), the Secretary may include matters applicable for specific sectors of small entities in addition to matters applicable to all small entities.
(4)

Consultation
In preparing the report required under paragraph (1), the Secretary shall consult with—
(A)
the Administrator, the Director of CISA, and the Commission; and
(B)
small entities, insurers of risks related to cybersecurity, State governments, cybersecurity and information technology companies that work with small entities, and academic and Federal and non-Federal experts in cybersecurity.
(d)

Rule of construction
Nothing in this section or the amendments made by this section shall be construed to provide any additional regulatory authority to CISA.
50108.

Critical Technology Security Centers
(a)

Critical technology security centers
Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:
“323.

Critical Technology Security Centers
(a)

Establishment
Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall award grants, contracts, or cooperative agreements to covered entities for the establishment of not fewer than four cybersecurity-focused Critical Technology Security Centers to evaluate and test the security of devices and technologies that underpin national critical functions.
(b)

Initial centers
With respect to the Critical Technology Security Centers referred to in subsection (a), four of such centers shall be as follows:
(1)
The Center for Network Technology Security, to study the security of information and communications technology that underpins national critical functions related to communications.
(2)
The Center for Connected Industrial Control System Security, to study the security of connected programmable data logic controllers, supervisory control and data acquisition servers, and other networked industrial equipment.
(3)
The Center for Open Source Software Security, to study vulnerabilities in open source software used to support national critical functions.
(4)
The Center for Federal Critical Software Security, to study the security of software used by the Federal Government that performs functions critical to trust (such as affording or requiring elevated system privileges or direct access to networking and computing resources).
(c)

Additional centers
The Under Secretary may, in coordination with the Director, award grants, contracts, or cooperative agreements to covered entities for the establishment of additional Critical Technology Security Centers to address technologies vital to national critical functions.
(d)

Selection of critical technologies
Before awarding a grant, contract, or cooperative agreement to a covered entity to establish a Critical Technology Security Center, the Under Secretary shall consult with the Director, who shall provide the Under Secretary a list of technologies within the remit of the center that support national critical functions.
(e)

Responsibilities
In studying the security of technologies within its remit, each center shall have the following responsibilities:
(1)
Conducting rigorous security testing to identify vulnerabilities in such technologies.
(2)
Reporting new vulnerabilities found and the tools, techniques, and practices used to uncover such vulnerabilities to the developers of such technologies in question and to the Cybersecurity and Infrastructure Security Agency.
(3)
With respect to such technologies, developing new capabilities for vulnerability discovery, management, and mitigation.
(4)
Assessing the security of software essential to national critical functions.
(5)
Supporting existing communities of interest, including by granting funds, in remediating vulnerabilities discovered within such technologies.
(6)
Utilizing findings to inform and support the future work of the Cybersecurity and Infrastructure Security Agency.
(f)

Application
To be eligible for an award of a grant, contract, or cooperative agreement as a Critical Technology Security Center pursuant to subsection (a), a covered entity shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require.
(g)

Public reporting of vulnerabilities
The Undersecretary shall ensure that vulnerabilities identified by a Critical Technology Security Center are publicly reported through the National Vulnerability Database, as appropriate.
(h)

Additional guidance
The Under Secretary, in coordination with the Director, shall develop, and periodically update, guidance, including eligibility and any additional requirements, for how Critical Technology Security Centers may award funds to communities of interest to remediate vulnerabilities under subsection (e)(5).
(i)

Biannual reports
Not later than one year after the date of the enactment of this section and every two years thereafter, the Under Secretary shall submit to the appropriate congressional committees a report that includes, with respect to each Critical Technology Security Center the following:
(1)
A summary of the work performed by each such center.
(2)
Information relating to the allocation of Federal funds at each such center.
(3)
A description of each vulnerability identified, including information relating to the corresponding software weakness.
(4)
An assessment of the criticality of each vulnerability identified pursuant to paragraph (3).
(5)
A list of critical technologies studied by each center, including an explanation by the Under Secretary for any deviations from the list of technologies provided by the Director before the distribution of funding to the center.
(6)
A list of tools, techniques, and procedures used by each such center.
(j)

Consultation with relevant agencies
In carrying out this section, the Under Secretary shall consult with the heads of other Federal agencies conducting cybersecurity research, including the following:
(1)
The National Institute of Standards and Technology.
(2)
The National Science Foundation.
(3)
Relevant agencies within the Department of Energy.
(4)
Relevant agencies within the Department of Defense.
(k)

Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1)
$40,000,000 for fiscal year 2022;
(2)
$42,000,000 for fiscal year 2023;
(3)
$44,000,000 for fiscal year 2024;
(4)
$46,000,000 for fiscal year 2025; and
(5)
$49,000,000 for fiscal year 2026.
(l)

Definitions
In this section:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on Homeland Security of the House of Representatives; and
(B)
the Committee on Homeland Security and Governmental Affairs of the Senate.
(2)

Covered entity
The term “covered entity” means a university or federally funded research and development center, including a national laboratory, or a consortia thereof.
(3)

Critical technology
The term “critical technology” means technology relating to a national critical function.
(4)

Open source software
The term “open source software” means software for which the human-readable source code is freely available for use, study, re-use, modification, enhancement, and redistribution by the users of such software.”.
(b)

Identification of certain technology
Paragraph (1) of section 2202(e) of the Homeland Security Act of 2002 (6 U.S.C. 603(e)) is amended by adding at the end the following new subparagraph:
“(S)
To identify the technologies within the remits of the Critical Technology Security centers as described in section 322 that are vital to national critical functions.”.
(c)

Clerical amendment
The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 321 the following new item:
“Sec. 323. Critical Technology Security Centers.”.
G

Committee on Financial Services
I

U.S. Policy on World Bank Group and Asian Development Bank Loans to China
60101.

U.S. policy on World Bank Group and Asian Development Bank Loans to China
Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:
“1632.

U.S. policy on World Bank Group and Asian Development Bank Loans to China
(a)

In general
The Secretary of the Treasury shall instruct the United States Executive Directors at the World Bank Group and the Asian Development Bank to use the voice and vote of the United States at the respective institution to vote against any assistance to the People’s Republic of China unless the Secretary of the Treasury has certified to the appropriate congressional committees that—
(1)
the Government of the People’s Republic of China and any lenders owned or controlled by the Government of the People’s Republic of China have credibly committed—
(A)
to participate in multilateral debt relief initiatives on terms at least comparable to other Group of 20 governments;
(B)
to the practice of presumptive public disclosure of the terms and conditions on which they extend credit to other governments (without regard to the form of any such extension of credit);
(C)
not to enforce any agreement terms that may impair their own or the borrowers’ capacity fully to implement commitments described under subparagraphs (A) and (B); and
(D)
not to enter into any agreement containing terms that may impair their own or the borrowers’ capacity fully to implement commitments described under subparagraphs (A) and (B); and
(2)
such assistance contributes significantly to the provision of a global public good that serves the national interest of the United States, such as limiting the negative impacts of climate change.
(b)

Definitions
In this section:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2)

World Bank Group defined
The term “World Bank Group” means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.”.
II

Prohibitions or Conditions on Certain Transmittals of Funds
60201.

Findings
Congress finds the following:
(1)
The Financial Crimes Enforcement Network (FinCEN) is the Financial Intelligence Unit of the United States tasked with safeguarding the financial system from illicit use, combating money laundering and its related crimes including terrorism, and promoting national security.
(2)
Per statute, FinCEN may require domestic financial institutions and financial agencies to take certain “special measures” against jurisdictions, institutions, classes of transactions, or types of accounts determined to be of primary money laundering concern, providing the Secretary with a range of options, such as enhanced record-keeping, that can be adapted to target specific money laundering and terrorist financing and to bring pressure on those that pose money laundering threats.
(3)
This special-measures authority was granted in 2001, when most cross-border transactions occurred through correspondent or payable-through accounts held with large financial institutions which serve as intermediaries to facilitate financial transactions on behalf of other banks.
(4)
Innovations in financial services have transformed and expanded methods of cross-border transactions that could not have been envisioned 20 years ago when FinCEN was given its special-measures authority.
(5)
These innovations, particularly through digital assets and informal value transfer systems, while useful to legitimate consumers and law enforcement, can be tools abused by bad actors like sanctions evaders, fraudsters, money launderers, and those who commit ransomware attacks on victimized U.S. companies and which abuse the financial system to move and obscure the proceeds of their crimes.
(6)
Ransomware attacks on U.S. companies requiring payments in cryptocurrencies have increased in recent years, with the U.S. Treasury estimating that ransomware payments in the United States reached $590 million in just the first half of 2021, compared to a total of $416 million in 2020.
(7)
In July 2021, the White House, with support of U.S. allies, asserted that the People’s Republic of China was responsible for ransomware operations against private companies that included demands of millions of dollars, including the 2021 ransomware attacks that breached Microsoft email systems and affected thousands of consumers, State and local municipalities, and government contractors attributed to a cyber espionage group with links to the Chinese Ministry of State Security.
(8)
As ransomware attacks organized by Chinese and other foreign bad actors continue to grow in size and scope, modernizing FinCEN’s special measure authorities will empower FinCEN to adapt its existing tools, monitor and obstruct global financial threats, and meet the challenges of combating 21st century financial crime.
60202.

Prohibitions or conditions on certain transmittals of funds
Section 5318A of title 31, United States Code, is amended—
(1)
in subsection (a)(2)(C), by striking “subsection (b)(5)” and inserting “paragraphs (5) and (6) of subsection (b)”; and
(2)
in subsection (b)—
(A)
in paragraph (5), by striking “for on behalf of a foreign banking institution”; and
(B)
by adding at the end the following:
“(6)

Prohibitions or conditions on certain transmittals of funds
If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary, in consultation with the Secretary of the State, the Attorney General, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon certain transmittals of funds (as such term may be defined by the Secretary in a special measure issuance, by regulation, or as otherwise permitted by law), to or from any domestic financial institution or domestic financial agency if such transmittal of funds involves any such jurisdiction, institution, type of account, or class of transaction.”.
III

U.S. Stock Exchange Trading Prohibition for 2 Consecutive Auditor Non-Inspection Years
60301.

Trading prohibition for 2 consecutive non-inspection years
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214(i)) is amended—
(1)
in paragraph (2)(A)(ii), by striking “the foreign jurisdiction described in clause (i)” and inserting “a foreign jurisdiction”; and
(2)
in paragraph (3)—
(A)
in the paragraph heading, by striking “3” and inserting “2”; and
(B)
in subparagraph (A), in the matter preceding clause (i), by striking “3” and inserting “2”.
IV

Combating Wildlife Trafficking Financing and Proceeds Study Act
60401.

Findings
Congress finds the following:
(1)
The 2017 report by the think tank, Global Financial Integrity, entitled “Transnational Crime and the Developing World”, determined that the annual global retail value of illegal wildlife trade is between $5 billion to $23 billion, and when losses to ecosystem services are considered, the World Bank estimates the cost of environmental crime is between $1 trillion and $2 trillion, annually.
(2)
Wildlife traffickers do not prefer particular species or commodities, but instead, according to the non-governmental organization, United for Wildlife, wildlife traffickers focus on the demand, availability, profit potential, and relatively low risk associated with acquiring, trading, and distributing wildlife globally.
(3)
The trafficking of wildlife affects human health because of undetected spread of zoonotic diseases, scarcity in food resources, and the environmental results of degraded ecosystems.
(4)
Also, the trafficking of illicit wildlife such as pangolins from Africa, macaws from Peru, turtles from the United States, and rosewood species smuggled globally threatens our national security at home and American interests abroad because rogue organizations, including transnational criminal organizations, use the proceeds to fund illegal and violent acts throughout the world, fueling corruption and benefiting from corrupt government officials, weakening the rule of law, and distorting commercial markets.
(5)
Many of these supply chains are affected by Chinese activity, from the criminal organizations involved in the initial poaching of targeted commodities to the demand for goods produced from endangered plants and animals.
(6)
The Organized Crime Drug Enforcement Task Forces conducted an investigation known as “Operation Apex” which identified extensive overlaps among drug trafficking organizations, professional money launderers, and wildlife trafficking syndicates.
(7)
A study conducted by Federal entities that examined wildlife trafficking networks determined that—
(A)
more than two-thirds of persons trafficking wildlife also trafficked narcotics;
(B)
10 percent of persons trafficking wildlife were doing so to finance terrorism; and
(C)
a small percentage of persons trafficking wildlife were doing so to finance the proliferation of nuclear materials.
(8)
Because wildlife trafficking is executed as part of a commodity-agnostic global enterprise, the United States and allies of the United States should focus efforts to reduce wildlife trafficking on curtailing the expansive networks that traffic wildlife and other goods and on bringing enforcement actions against persons who launder the proceeds of those persons who traffic wildlife rather than pursue specific nations, groups, or commodities.
(9)
In the past decade, the illicit wildlife trade has moved online, mainly to social media platforms, creating jurisdictional and technical challenges for law enforcement.
60402.

Study
(a)

In general
The Secretary of the Treasury and the Secretary of the Interior, acting through the U.S. Fish and Wildlife Service, shall jointly, not later than 2 years after the date of the enactment of this Act, conduct a study with respect to wildlife trafficking financing and proceeds and submit a report on such study to—
(1)
the Committees on Financial Services and Natural Resources and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2)
the Committees on Banking, Housing, and Urban Affairs and Energy and Natural Resources and the Select Committee on Intelligence of the Senate.
(b)

Consultation
In conducting the study required under subsection (a), the Secretary of the Treasury and the Secretary of the Interior shall consult with such other Federal officials as the Secretaries determine appropriate, including the Secretary of State, the Director of National Intelligence, the Director of Homeland Security Investigations, the Attorney General, and the Secretary of Defense.
(c)

Input
In conducting the study required under subsection (a), the Secretary of the Treasury and the Secretary of the Interior shall solicit and incorporate, where possible and as determined appropriate by the Secretaries, input from—
(1)
domestic, foreign, and multilateral law enforcement organizations,
(2)
the intelligence community;
(3)
wildlife advocates;
(4)
experts in transnational organized crime, cyber-crime, and illicit finance; and
(5)
nongovernmental organizations, academia, foundations, and other public and private entities.
(d)

Contents of report
The report required under subsection (a) shall include—
(1)
an overview of the criminal and complicit actors, including individuals, organizations, corrupt networks, and nations, that participate in wildlife trafficking from source to market, both proactively and permissively;
(2)
an overview of the types of wildlife trafficked, for what purposes, and from where;
(3)
an overview of the roles of professional money launderers, corporate and trust formation agents, kleptocrats, and other supply chain and financial facilitators with respect to wildlife trafficking;
(4)
a discussion, based on a consideration of relevant prior studies and investigations, of the convergence of wildlife trafficking with other types of trafficking, including trafficking in persons, timber trafficking, and narcotics trafficking, including shared supply chains and financial facilitators;
(5)
an overview of the national security implications associated with wildlife trafficking and the financing and proceeds of wildlife trafficking, including—
(A)
potential threats to security, including corruption and State instability resulting from wildlife trafficking; and
(B)
potential threats to public health, including global pandemic and ecosystem collapse;
(6)
an examination of how anti-corruption activities might be leveraged with respect to mitigating the ways in which corrupt officials and politically exposed persons enable and engage in wildlife trafficking financing and proceeds;
(7)
an examination of payments methods used to facilitate the trafficking of wildlife, including its financing and proceeds;
(8)
an examination of how online platforms are used to facilitate trafficking and trafficking-related payments that—
(A)
describes the extent to which illicit wildlife trade occurs online, including through social media platforms, ecommerce sites, and encrypted messaging and other surface web platforms;
(B)
identifies payments- and proceeds-related reasons that different online platforms may be chosen by persons trafficking in wildlife; and
(C)
identifies online platforms that are used most for transactions and payments involving trafficking in wildlife;
(9)
an examination of private-sector best practices for combating wildlife trafficking financing and proceeds (including those found in the financial services industry), as well as any practices that have not had success combating wildlife trafficking financing and proceeds;
(10)
a discussion of ways in which existing laws, multilateral agreements, and forums could be expanded or modified to combat wildlife trafficking financing and disrupt its proceeds;
(11)
an identification of tools of international and national engagement, including partnerships with private sector and international financial institutions, that could be coordinated to combat wildlife trafficking financing and disrupt its proceeds;
(12)
recommendations about ways in which interdisciplinary collaboration across Federal agencies could be incentivized to maximize information and analysis from investigations into other types of trafficking and which may benefit from the information and analysis gleaned from wildlife trafficking investigations;
(13)
an examination of how data collection, collaboration, analysis, and technology tools, including artificial intelligence and machine learning might be leveraged to combat wildlife trafficking and its proceeds;
(14)
a recommendation of whether Congress should renew the wildlife trafficking task force authorized in the END Act and sunsetting in December 2021; and
(15)
an examination of how anti-corruption activities and practices could be included in existing Federal and international wildlife trafficking prevention and enforcement efforts.
(e)

Classification of report
The report required under subsection (a) may be submitted in classified form but shall have an unclassified annex or executive summary.
V

Study on Chinese Support for Afghan Illicit Finance
60501.

Study on Chinese support for Afghan illicit finance
(a)

Findings
Congress finds the following:
(1)
Though China and Afghanistan share only a small land border, when it comes to illicit financial activity between the two countries, China has a demonstrated history of permissiveness regarding trafficking and money laundering that could support both the Taliban and its associates.
(2)
A 2014 Financial Action Task Force report titled, “Financial Flows Linked to the Production and Trafficking of Afghan Opiates” found evidence of import/export companies registered in China that were transferring funds to Afghanistan, likely as part of trade-based money laundering schemes centered around illicit opium production and trafficking, which, per the United Nations Office on Drugs and Crime (UNODC), is one of the Taliban’s main sources of income.
(3)
Since the U.S. withdrawal from Afghanistan in August 2021, China has announced its willingness to lend financial support and legitimacy to the Taliban-led government in Afghanistan, including Afghan Interior Minister, Sirajuddin Haqqani, a member of the U.S.-sanctions designated Foreign Terrorist Organization, the Haqqani Network.
(4)
China’s permissive policies regarding Afghan illicit finance run counter to the strategic interests of the United States with respect to countering trafficking and preventing terrorist groups from accessing the international financial system.
(5)
China’s role as a critical source of financial wherewithal for the Taliban and its associates to process and implement drug and other illicit-activity transactions warrants further study as these actions pose a threat both to the safety and security of the people of Afghanistan and the international community.
(6)
Congress needs to better understand how China could leverage its relationships and resources within Afghanistan and how these activities could directly or indirectly provide financial support to terrorist organizations, including the Taliban and its associates.
(b)

Study
(1)

Requirement
Not later than one year after the date of the enactment of this Act, the Secretary of Treasury shall provide to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the financial activities of China and Chinese entities in connection with the finances of Afghanistan and the Taliban.
(2)

Matters included
The report under paragraph (1) shall include the following:
(A)
An assessment of the activities undertaken by the People’s Republic of China and Chinese-registered companies to support illicit financial networks in Afghanistan, particularly such networks involved in narcotics trafficking, illicit financial transactions, official corruption, natural resources exploitation, and terrorist networks.
(B)
An assessment of financial, commercial, and economic activities undertaken by China and Chinese companies in Afghanistan to support Chinese policies counter to American strategic interests.
(C)
Information relating to the impacts of existing United States and multilateral laws, regulations, and sanctions, including environmental and public health impacts of natural resources exploitation.
(D)
Any recommendations to Congress regarding legislative or regulatory improvements necessary to support the identification and disruption of Chinese-supported illicit financial networks in Afghanistan.
(3)

Form
The report under paragraph (1) may include a classified annex.
VI

U.S. Policy on Multilateral Development Bank Co-Financing Arrangements with China’s Infrastructure Bank
60601.

U.S. policy on co-financing arrangements at the multilateral development banks
Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.), as amended by section 60101, is further amended by adding at the end the following:
“1633.

U.S. policy on co-financing arrangements at the multilateral development banks
The Secretary of the Treasury shall instruct the United States Executive Directors at the multilateral development banks (as defined in section 1701(c)(4)) to use the voice and vote of the United States to vote against any program or project at the respective institution if it includes joint or parallel financing provided by the Asian Infrastructure Investment Bank unless the Secretary of the Treasury has certified to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the Asian Infrastructure Investment Bank—
(1)
has the authority and the resources to provide grants and concessional assistance to countries eligible to borrow from the International Development Association on terms similar to those provided to these countries by the International Development Association; and
(2)
has demonstrated a track record of providing such assistance to these countries.”.
VII

China financial threat mitigation
60701.

China financial threat mitigation
(a)

Report
The Secretary of the Treasury shall conduct a study and issue a report that includes a description and analysis of any risks to the financial stability of the United States and the global economy emanating from the People’s Republic of China, along with any recommendations to the United States representatives at relevant international organizations as appropriate to strengthen international cooperation to monitor and mitigate such financial stability risks.
(b)

Transmission of report
The Secretary of the Treasury shall transmit the report required under subsection (a) no later than December 31, 2022, to the Committees on Financial Services and Foreign Affairs of the House of Representatives, the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate, and to the United States representatives at relevant international organizations, as appropriate.
(c)

Classification
The report required under subsection (a) shall be unclassified, but may contain a classified annex.
(d)

Publication of report
The Secretary of the Treasury shall publish the report required under subsection (a) (other than any classified annex) on the website of the Department of the Treasury no later than December 31, 2022.
VIII

Support for Debt Relief for Developing Countries
60801.

Support for international initiatives to provide debt relief to developing countries with unsustainable levels of debt
(a)

Debt relief
The Secretary of the Treasury, in consultation with the Secretary of State, shall—
(1)
engage with international financial institutions and official and commercial creditors to advance support for prompt and effective implementation and improvement of the Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (in this section referred to as the “Common Framework”), and any successor framework or similar coordinated international debt treatment process through the establishment and publication of clear and accountable—
(A)
debt treatment benchmarks designed to achieve debt sustainability for each participating debtor;
(B)
standards for equitable burden sharing among all creditors with material claims on each participating debtor, without regard for their official, private, or hybrid status;
(C)
robust debt disclosure, including but not limited to inter-creditor data sharing and a broad presumption in favor of public disclosure of material terms and conditions of claims on participating debtors;
(D)
expanded eligibility criteria to include all countries with unsustainable levels of sovereign debt;
(E)
standards for comprehensive creditor participation consistent with robust application of the policies of the International Monetary Funds relating to lending into arrears; and
(F)
consistent enforcement and improvement of the policies of multilateral institutions relating to asset-based and revenue-based borrowing by participating debtors, and coordinated standards on restructuring collateralized debt;
(2)
engage with international financial institutions and official and commercial creditors to advance support for a comprehensive and effective debt payment standstill for each participating debtor from the time of its application for, and until the completion of its negotiations under, the Common Framework, or any successor framework or similar coordinated international debt treatment process: provided, however, that any such standstill should incentivize prompt and comprehensive debt restructuring agreement and provide temporary cash flow relief for the debtor, without exacerbating its vulnerability to debt distress; and
(3)
instruct the United States Executive Director at the International Monetary Fund and the United States Executive Director at the World Bank to use the voice and vote of the United States to advance the efforts described in paragraphs (1) and (2), including by urging international financial institutions to participate in debt relief, without undermining their ability to continue to provide new and additional flows of aid and assistance.
(b)

Reporting requirement
Not later than 120 days after the date of the enactment of this Act, and annually thereafter until the end of the COVID–19 pandemic, as determined by the World Health Organization, the Secretary of the Treasury, in coordination with the Secretary of State, shall submit to the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Financial Services and Foreign Affairs of the House of Representatives a report that describes—
(1)
actions that have been taken, in coordination with international financial institutions, by official creditors, including the government of, and state-owned enterprises in, the People’s Republic of China, and relevant commercial creditor groups to advance debt relief for countries with unsustainable debt that have sought relief under the Common Framework, any successor framework or mechanism, or under any other coordinated international arrangement for sovereign debt restructuring;
(2)
any implementation challenges that hinder the ability of the Common Framework to provide timely debt restructuring for any country with unsustainable debt that seeks debt relief or debt payment relief, including any refusal of any creditors to participate in equitable burden sharing, including but not limited to failure to share (or publish, as appropriate) all material information needed to assess debt sustainability and inter-creditor equity;
(3)
recommendations on how to address challenges identified in paragraph (2);
(4)
any United States policy concerns with respect to providing debt relief to specific countries; and
(5)
the transparency and accountability measures established or proposed to ensure that resources freed up by the debt relief described in paragraph (1) are used for activities that respond to the health, economic, and social effects of the COVID–19 pandemic, climate change resiliency, or help ensure equitable recoveries and growth.
IX

Securing America’s Vaccines for Emergencies
60901.

Short title
This title may be cited as the “Securing America’s Vaccines for Emergencies Act of 2022” or the “SAVE Act of 2022”.
60902.

Securing essential medical materials
(a)

Statement of policy
Section 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—
(1)
by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and
(2)
by inserting after paragraph (2) the following:
“(3)
authorities under this Act should be used when appropriate to ensure the availability of medical materials essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity;”.
(b)

Strengthening domestic capability
Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—
(1)
in subsection (a), by inserting “(including medical materials)” after “materials”; and
(2)
in subsection (b)(1), by inserting “(including medical materials such as drugs, devices, and biological products to diagnose, cure, mitigate, treat, or prevent disease that are essential to national defense)” after “essential materials”.
(c)

Strategy on securing supply chains for medical materials
Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following:
“109.

Strategy on securing supply chains for medical materials
(a)

In general
Not later than 180 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall transmit a strategy to the appropriate Members of Congress that includes the following:
(1)
A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical materials (including drugs, devices, and biological products (as that term is defined in section 351 of the Public Health Service Act (42 U.S.C. 262)) to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act.
(2)
An analysis of vulnerabilities to existing supply chains for such medical materials, and recommendations to address the vulnerabilities.
(3)
Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense.
(4)
A discussion of—
(A)
any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of biological products (as that term is defined in section 351 of the Public Health Service Act (42 U.S.C. 262)) or any other devices or drugs (as defined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));
(B)
a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense of the United States; and
(C)
efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies.
(b)

Progress Report
Following submission of the strategy under subsection (a), the President shall submit to the appropriate Members of Congress an annual progress report until September 30, 2025, evaluating the implementation of the strategy, and may include updates to the strategy as appropriate. The strategy and progress reports shall be submitted in unclassified form but may contain a classified annex.
(c)

Appropriate Members of Congress
The term appropriate Members of Congress means the Speaker, majority leader, and minority leader of the House of Representatives, the majority leader and minority leader of the Senate, the Chairman and Ranking Member of the Committee on Financial Services, the Chairman and Ranking Member of the Committee on Energy and Commerce of the House of Representatives, and the Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate.” .
60903.

Investment in supply chain security
(a)

In general
Section 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) is amended by adding at the end the following:
“(h)

Investment in supply chain security
(1)

In general
In addition to other authorities in this title, the President may make available to an eligible entity described in paragraph (2) payments to increase the security of supply chains and supply chain activities, if the President certifies to Congress not less than 30 days before making such a payment that the payment is critical to meet national defense requirements of the United States.
(2)

Eligible entity
An eligible entity described in this paragraph is an entity that—
(A)
is organized under the laws of the United States or any jurisdiction within the United States; and
(B)
produces—
(i)
one or more critical components;
(ii)
critical technology; or
(iii)
one or more products or raw materials for the security of supply chains or supply chain activities.
(3)

Definitions
In this subsection, the terms supply chain and supply chain activities have the meanings given those terms by the President by regulation.”.
(b)

Regulations
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations setting forth definitions for the terms supply chain and supply chain activities for the purposes of section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 4533(h)), as added by subsection (a).
(2)

Scope of definitions
The definitions required by paragraph (1)—
(A)
shall encompass—
(i)
the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Government; or
(ii)
critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and
(B)
may include variations as determined necessary and appropriate by the President for purposes of national defense.
X

COVID–19 Emergency Medical Supplies Enhancement
61001.

Short title
This title may be cited as the “COVID–19 Emergency Medical Supplies Enhancement Act of 2022”.
61002.

Determination on emergency supplies and other public health emergencies
(a)

COVID–19 pandemic response
For the purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the following materials may be deemed by the President, during the COVID–19 emergency period, to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act, and funds available to implement such Act may be used for the purchase, production (including the construction, repair, and retrofitting of government-owned facilities as necessary), or distribution of such materials:
(1)
In vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the reagents and other materials necessary for producing, conducting, or administering such products, and the machinery, equipment, laboratory capacity, or other technology necessary to produce such products.
(2)
Face masks and personal protective equipment, including non-surgical isolation gowns, face shields, nitrile gloves, N–95 filtering facepiece respirators, and any other masks or equipment (including durable medical equipment) determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment.
(3)
Drugs and devices (as those terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)) and biological products (as that term is defined by section 351 of the Public Health Service Act (42 U.S.C. 262)) that are approved, cleared, licensed, or authorized under either of such Acts for use in treating or preventing COVID–19 and symptoms related to COVID–19, and any materials, manufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equipment (including durable medical equipment) necessary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, distribution, or administration).
(4)
Any other medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511).
(b)

Future preparedness for health emergencies
Section 702(14) of the Defense Production Act of 1950 is amended by striking “and critical infrastructure protection and restoration” and inserting “, critical infrastructure protection and restoration, and public health emergency preparedness and response activities”.
61003.

Exercise of title I authorities in relation to contracts by State, local, or Tribal governments
(a)

In general
In exercising authorities under title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) during the COVID–19 emergency period, the President (and any officer or employee of the United States to which authorities under such title I have been delegated)—
(1)
may exercise the prioritization or allocation authority provided in such title I to exclude any materials described in section 61002 ordered by a State, local, or Tribal government that are scheduled to be delivered within 15 days of the time at which—
(A)
the purchase order or contract by the Federal Government for such materials is made; or
(B)
the materials are otherwise allocated by the Federal Government under the authorities contained in such Act; and
(2)
shall, within 24 hours of any exercise of the prioritization or allocation authority provided in such title I—
(A)
to the extent practicable notify any State, local, or Tribal government if the President determines that the exercise of such authorities would delay the receipt of such materials ordered by such government; and
(B)
take such steps as may be necessary, and as authorized by law, to ensure that such materials ordered by such government are delivered in the shortest possible period, consistent with the purposes of the Defense Production Act of 1950.
(b)

Update to Federal regulations
(1)

DPAS
Not later than 30 days after the date of enactment of this Act, the Defense Property Accountability System regulations (15 CFR part 700) shall be revised to reflect the requirements of subsection (a).
(2)

FAR
Not later than 30 days after the revisions required by paragraph (1) are made, the Federal Acquisition Regulation shall be revised to reflect the requirements of subsection (a), consistent with the revisions made pursuant to paragraph (1).
61004.

Engagement with the private sector
(a)

Outreach representative
Consistent with the authorities in title VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et seq.), the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Health and Human Services, may designate or appoint, pursuant to section 703 of such Act (50 U.S.C. 4553), an individual to be known as the “Outreach Representative” for the COVID–19 emergency period. Such individual shall—
(1)
be appointed from among individuals with substantial experience in the production or distribution of medical supplies or equipment; and
(2)
act as the Government-wide single point of contact during the COVID–19 emergency for outreach to manufacturing companies and their suppliers who may be interested in producing medical supplies or equipment, including the materials described under section 61002.
(b)

Encouraging partnerships
During the COVID–19 emergency period, the Outreach Representative shall seek to develop partnerships between companies, in coordination with any overall coordinator appointed by the President to oversee the response to the COVID–19 emergency, including through the exercise of the authorities delegated by the President under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558).
61005.

Enhancement of supply chain production
In exercising authority under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials described in section 61002, the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in section 61002 to the extent necessary for the national defense during the COVID–19 emergency period.
61006.

Enhanced reporting during COVID–19 emergency
(a)

Report on exercising authorities under the Defense Production Act of 1950
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the date of such report for the purposes of the COVID–19 response.
(2)

Contents
The report required under subsection (a) and the update required under paragraph (3) shall include the following:
(A)

In general
With respect to each exercise of such authority—
(i)
an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 (50 U.S.C. 4511(a)(2));
(ii)
the cost of such exercise of authority; and
(iii)
if applicable—
(I)
the amount of goods that were purchased or allocated;
(II)
an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and
(III)
an identification of any entity that had shipments delayed by the exercise of any authority under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).
(B)

Consultations
A description of any consultations conducted with relevant stakeholders on the needs addressed by the exercise of the authorities described in paragraph (1).
(3)

Update
The President shall provide an additional briefing to the appropriate congressional committees on the matters described under paragraph (2) no later than four months after the submission of the report.
(b)

Exercise of loan authorities
(1)

In general
Any loan made pursuant to section 302 or 303 of the Defense Production Act of 1950, carried out by the United States International Development Finance Corporation pursuant to the authorities delegated by Executive Order No. 13922, shall be subject to the notification requirements contained in section 1446 of the BUILD Act of 2018 (22 U.S.C. 9656).
(2)

Appropriate congressional committees
For purposes of the notifications required by paragraph (1) the term appropriate congressional committees, as used section 1446 of the BUILD Act of 2018, shall be deemed to include the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing and Urban Development of the Senate.
(c)

Sunset
The requirements of this section shall terminate on the end of the COVID–19 emergency period.
61007.

Report on activities involving small business
The report required by section 304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. 4534(f)(3)) for fiscal years 2023 and 2024 shall include the percentage of contracts awarded using funds to carry out the Defense Production Act of 1950 for each of the fiscal years 2023 and 2024, respectively, to small business concerns (as defined under section 702 of such Act).
61008.

Definitions
In this title:
(1)

Appropriate congressional committees
The term appropriate congressional committees means the Committees on Appropriations, Armed Services, Energy and Commerce, Financial Services, and Homeland Security of the House of Representatives and the Committees on Appropriations, Armed Services, Banking, Housing, and Urban Affairs, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, and Veterans’ Affairs of the Senate.
(2)

COVID–19 emergency period
The term COVID–19 emergency period means the period beginning on the date of enactment of this Act and ending on the earlier of—
(A)
the end of the incident period for the emergency declared on March 13, 2020, by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic; or
(B)
September 30, 2025.
(3)

Relevant stakeholder
The term relevant stakeholder means—
(A)
representative private sector entities;
(B)
representatives of the nonprofit sector;
(C)
representatives of primary and secondary school systems; and
(D)
representatives of organizations representing workers, including health workers, manufacturers, teachers, other public sector employees, and service sector workers.
(4)

State
The term State means each of the several States, the District of Columbia, Puerto Rico, and any territory of the United States.
XI

Afghan trade zones for licit trade
61101.

Study and report on feasibility of establishment and implementation of Afghan trade zones for licit trade
(a)

In general
To facilitate a secure path of licit market activity to support the legitimate economy and the humanitarian needs to every day Afghans, the Secretary of the Treasury and the Secretary of State, in consultation with the heads of other Federal agencies as appropriate, shall jointly conduct a study on the management of sanctions imposed against Afghan individuals, including with respect granting of licenses to such individuals, to facilitate the implementation of foreign trade zones in Afghanistan for licit trade.
(b)

Matters to be included
The study required under subsection (a) should—
(1)
identify individuals described in subsection (a) that, if sanctions imposed against such individuals are revised or licenses are granted to such individuals, could establish and implement such foreign trade zones but still maintain United States national security; and
(2)
review the possibility of establishing such foreign trade zones within the current sanctions regime, including—
(A)
identifying such individuals that would implement foreign trade zones;
(B)
identifying the programs under which such individuals are sanctioned to determine if revised sanctions or granting of licenses is appropriate;
(C)
identifying the possibility of such individuals implementing such foreign trade zones; and
(D)
identifying any potential conflicts with non-United States or other foreign allied sanctions, such as sanctions imposed by the United Nations or the European Union.
(c)

Report
The Secretary of the Treasury and the Secretary of State shall jointly submit to Congress a report on the results of the study.
XII

Interagency task force to address Chinese market manipulation in the United States
61201.

Establishment of interagency task force to address Chinese market manipulation in the United States
(a)

In general
The Department of Justice, the Federal Trade Commission, the Department of the Treasury, the Securities and Exchange Commission, and such other Federal agencies as the President determines appropriate shall establish a joint interagency task force to investigate allegations of systemic market manipulation and other potential violations of antitrust and competition laws in the United States by companies established in the People’s Republic of China, including allegations of efforts to illegally capture market share, fix or manipulate prices, and control the supply of goods in critical industries of the United States, including—
(1)
the pharmaceutical and medical devices industry;
(2)
the renewable energy industry;
(3)
the steel and aluminum industries; and
(4)
such other industries as the task force considers appropriate.
(b)

Report
Not later than 180 days after the date of enactment of this Act, the President shall provide to the appropriate congressional committees—
(1)
a briefing on the progress of the interagency task force and its findings as described in subsection (a); and
(2)
recommendations to the committees on potential amendments to antitrust and competition laws in the United States that would strengthen the ability of United States antitrust enforcement agencies to bring actions against anticompetitive business practices by Chinese companies.
(c)

Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1)
the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Finance, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate; and
(2)
the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Energy and Commerce of the House of Representatives.
61202.

Expansion of study and strategy on money laundering by the People's Republic of China to include risks of contributing to corruption
(a)

In general
Section 6507 of the Anti-Money Laundering Act of 2020 (division F of Public Law 116–283) is amended—
(1)
in subsection (a)—
(A)
in paragraph (3), by striking “; and” and inserting a semicolon;
(B)
in paragraph (4), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(5)
the ways in which such increased illicit finance risks may contribute to corruption involving Chinese firms and a strategy to combat such corruption.”; and
(2)
in subsection (b), by inserting “and corruption” after “activities”.
(b)

Effective date
The amendments made by subsection (a) shall take effect as if included in the enactment of the Anti-Money Laundering Act of 2020 (division F of Public Law 116–283).
XIII

Disclosure Requirements Relating to Certain Exempted Transactions
61301.

In general
(a)

Amendment
The Securities Exchange Act of 1934 is amended by inserting after section 13A (15 U.S.C. 78m–1) the following:
“13B.

Disclosure requirements relating to certain exempted transactions
(a)

In general
Notwithstanding any other provision of law, in the case of an issuer that conducts a covered exempted transaction, such issuer shall provide to the Commission, at such time and in such manner as the Commission may prescribe, the following:
(1)
The identity of the issuer.
(2)
The place of incorporation of the issuer.
(3)
The amount of the issuance and the net proceeds to the issuer.
(4)
The principal beneficial owners of the issuer.
(5)
The intended use of the proceeds from such issuance, including—
(A)
each country in which the issuer intends to invest such proceeds; and
(B)
each industry in which the issuer intends to invest such proceeds.
(6)
The exemption the issuer relies on with respect to such covered exempted transaction.
(b)

Authority to revise and promulgate rules, regulations, and forms
The Commission shall, for the protection of investors and fair and orderly markets, revise and promulgate such rules, regulations, and forms as may be necessary to carry out this section. The Commission shall also issue rules to set conditions for future use of the exemptions for those issuers who do not comply with the disclosure requirements of this section.
(c)

Covered exempted transaction
The term “covered exempted transaction” means an issuance of a security that is exempt from registration under section 5 of the Securities Act of 1933 (15 U.S.C. 77e) that—
(1)
is structured or intended to comply with—
(A)
Rule 506(b) of Regulation D, as promulgated by the Commission;
(B)
Regulation S, as promulgated by the Commission; or
(C)
Rule 144A, as promulgated by the Commission; and
(2)
either—
(A)
has an issuance equal to $25,000,000 or greater; or
(B)
with respect to any 1-year period, has, together with all covered exempted transactions in that period, an aggregate issuance of $50,000,000 or greater.” .
(b)

Applicability
The amendment made by subsection (a) shall apply with respect to issuers of covered exempt transactions on the date that is 270 days after the date of the enactment of this Act.
(c)

Report
The Commission shall, each quarter, submit to the Committee of Financial Services of the House of Representatives and Committee of Banking, Housing, and Urban Affairs of the Senate a report that includes all information submitted by an issuer under section 13B of the Securities Exchange Act of 1934, as added by subsection (a), during the previous quarter if such issuer—
(1)
is—
(A)
incorporated in the People’s Republic of China; or
(B)
incorporated outside the People’s Republic of China and has significant entities within the People’s Republic of China being consolidated with the issuer where the assets of those entities within the People’s Republic of China constitute the majority of assets of the consolidated entity; or
(2)
discloses in a filing made pursuant to section 13B of the Securities Exchange Act of 1934, as added by subsection (a), that the issuer intends to invest the proceeds from issuance of an exempted transaction in the People’s Republic of China.
XIV

SAFE Banking
61401.

Short title; table of contents; purpose
(a)

Short title
This title may be cited as the “Secure And Fair Enforcement Banking Act of 2022” or the “SAFE Banking Act of 2022”.
(b)

Table of contents
The table of contents for this title is as follows:
Title XIV—SAFE Banking
Sec. 61401. Short title; table of contents; purpose.
Sec. 61402. Safe harbor for depository institutions.
Sec. 61403. Protections for ancillary businesses.
Sec. 61404. Protections under Federal law.
Sec. 61405. Rules of construction.
Sec. 61406. Requirements for filing suspicious activity reports.
Sec. 61407. Guidance and examination procedures.
Sec. 61408. Annual diversity and inclusion report.
Sec. 61409. GAO study on diversity and inclusion.
Sec. 61410. GAO study on effectiveness of certain reports on finding certain persons.
Sec. 61411. Application of this title with respect to hemp-related legitimate businesses and hemp-related service providers.
Sec. 61412. Banking services for hemp-related legitimate businesses and hemp-related service providers.
Sec. 61413. Requirements for deposit account termination requests and orders.
Sec. 61414. Definitions.
Sec. 61415. Discretionary surplus funds.
(c)

Purpose
The purpose of this title is to increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses.
61402.

Safe harbor for depository institutions
(a)

In general
A Federal banking regulator may not—
(1)
terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), the Federal Credit Union Act (12 U.S.C. 1751 et seq.), or take any other adverse action against a depository institution under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business or service provider;
(2)
prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or service provider or to a State, political subdivision of a State, or Indian Tribe that exercises jurisdiction over cannabis-related legitimate businesses;
(3)
recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because—
(A)
the account holder is a cannabis-related legitimate business or service provider, or is an employee, owner, or operator of a cannabis-related legitimate business or service provider;
(B)
the account holder later becomes an employee, owner, or operator of a cannabis-related legitimate business or service provider; or
(C)
the depository institution was not aware that the account holder is an employee, owner, or operator of a cannabis-related legitimate business or service provider;
(4)
take any adverse or corrective supervisory action on a loan made to—
(A)
a cannabis-related legitimate business or service provider, solely because the business is a cannabis-related legitimate business or service provider;
(B)
an employee, owner, or operator of a cannabis-related legitimate business or service provider, solely because the employee, owner, or operator is employed by, owns, or operates a cannabis-related legitimate business or service provider, as applicable; or
(C)
an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business or service provider, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business or service provider, as applicable; or
(5)
prohibit or penalize a depository institution (or entity performing a financial service for or in association with a depository institution) for, or otherwise discourage a depository institution (or entity performing a financial service for or in association with a depository institution) from, engaging in a financial service for a cannabis-related legitimate business or service provider.
(b)

Safe harbor applicable to de novo institutions
Subsection (a) shall apply to an institution applying for a depository institution charter to the same extent as such subsection applies to a depository institution.
61403.

Protections for ancillary businesses
For the purposes of sections 1956 and 1957 of title 18, United States Code, and all other provisions of Federal law, the proceeds from a transaction involving activities of a cannabis-related legitimate business or service provider shall not be considered proceeds from an unlawful activity solely because—
(1)
the transaction involves proceeds from a cannabis-related legitimate business or service provider; or
(2)
the transaction involves proceeds from—
(A)
cannabis-related activities described in section 61414(4)(B) conducted by a cannabis-related legitimate business; or
(B)
activities described in section 61414(13)(A) conducted by a service provider.
61404.

Protections under Federal law
(a)

In general
With respect to providing a financial service to a cannabis-related legitimate business (where such cannabis-related legitimate business operates within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable) or a service provider (wherever located), a depository institution, entity performing a financial service for or in association with a depository institution, or insurer that provides a financial service to a cannabis-related legitimate business or service provider, and the officers, directors, and employees of that depository institution, entity, or insurer may not be held liable pursuant to any Federal law or regulation—
(1)
solely for providing such a financial service; or
(2)
for further investing any income derived from such a financial service.
(b)

Protections for Federal reserve banks and Federal Home Loan Banks
With respect to providing a service to a depository institution that provides a financial service to a cannabis-related legitimate business (where such cannabis-related legitimate business operates within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable) or service provider (wherever located), a Federal reserve bank or Federal Home Loan Bank, and the officers, directors, and employees of the Federal reserve bank or Federal Home Loan Bank, may not be held liable pursuant to any Federal law or regulation—
(1)
solely for providing such a service; or
(2)
for further investing any income derived from such a service.
(c)

Protections for insurers
With respect to engaging in the business of insurance within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable, an insurer that engages in the business of insurance with a cannabis-related legitimate business or service provider or who otherwise engages with a person in a transaction permissible under State law related to cannabis, and the officers, directors, and employees of that insurer may not be held liable pursuant to any Federal law or regulation—
(1)
solely for engaging in the business of insurance; or
(2)
for further investing any income derived from the business of insurance.
(d)

Forfeiture
(1)

Depository institutions
A depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner, employee, or operator of a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.
(2)

Federal reserve banks and Federal Home Loan Banks
A Federal reserve bank or Federal Home Loan Bank that has a legal interest in the collateral for a loan or another financial service provided to a depository institution that provides a financial service to a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.
61405.

Rules of construction
(a)

No requirement to provide financial services
Nothing in this title shall require a depository institution, entity performing a financial service for or in association with a depository institution, or insurer to provide financial services to a cannabis-related legitimate business, service provider, or any other business.
(b)

General examination, supervisory, and enforcement authority
Nothing in this title may be construed in any way as limiting or otherwise restricting the general examination, supervisory, and enforcement authority of the Federal banking regulators, provided that the basis for any supervisory or enforcement action is not the provision of financial services to a cannabis-related legitimate business or service provider.
(c)

Business of insurance
Nothing in this title shall interfere with the regulation of the business of insurance in accordance with the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the “McCarran-Ferguson Act”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
61406.

Requirements for filing suspicious activity reports
Section 5318(g) of title 31, United States Code, is amended by adding at the end the following:
“(5)

Requirements for cannabis-related legitimate businesses
(A)

In general
With respect to a financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection, if the reason for the report relates to a cannabis-related legitimate business or service provider, the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. Not later than the end of the 180-day period beginning on the date of enactment of this paragraph, the Secretary shall update the February 14, 2014, guidance titled “BSA Expectations Regarding Marijuana-Related Businesses” (FIN–2014–G001) to ensure that the guidance is consistent with the purpose and intent of the SAFE Banking Act of 2022 and does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or service provider in a State, political subdivision of a State, or Indian country that has allowed the cultivation, production, manufacture, transportation, display, dispensing, distribution, sale, or purchase of cannabis pursuant to law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country.
(B)

Definitions
For purposes of this paragraph:
(i)

Cannabis
The term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(ii)

Cannabis-related legitimate business
The term cannabis-related legitimate business has the meaning given that term in section 61414 of the SAFE Banking Act of 2022.
(iii)

Indian country
The term Indian country has the meaning given that term in section 1151 of title 18.
(iv)

Indian Tribe
The term Indian Tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(v)

Financial service
The term financial service has the meaning given that term in section 61414 of the SAFE Banking Act of 2022.
(vi)

Service provider
The term service provider has the meaning given that term in section 61414 of the SAFE Banking Act of 2022.
(vii)

State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.”.
61407.

Guidance and examination procedures
Not later than 180 days after the date of enactment of this Act, the Financial Institutions Examination Council shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers.
61408.

Annual diversity and inclusion report
The Federal banking regulators shall issue an annual report to Congress containing—
(1)
information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses; and
(2)
any regulatory or legislative recommendations for expanding access to financial services for minority-owned and women-owned cannabis-related legitimate businesses.
61409.

GAO study on diversity and inclusion
(a)

Study
The Comptroller General of the United States shall carry out a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.
(b)

Report
The Comptroller General shall issue a report to the Congress—
(1)
containing all findings and determinations made in carrying out the study required under subsection (a); and
(2)
containing any regulatory or legislative recommendations for removing barriers to marketplace entry, including in the licensing process, and expanding access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.
61410.

GAO study on effectiveness of certain reports on finding certain persons
Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a study on the effectiveness of reports on suspicious transactions filed pursuant to section 5318(g) of title 31, United States Code, at finding individuals or organizations suspected or known to be engaged with transnational criminal organizations and whether any such engagement exists in a State, political subdivision, or Indian Tribe that has jurisdiction over Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis. The study shall examine reports on suspicious transactions as follows:
(1)
During the period of 2014 until the date of the enactment of this Act, reports relating to marijuana-related businesses.
(2)
During the 1-year period after date of the enactment of this Act, reports relating to cannabis-related legitimate businesses.
61411.

Application of this title with respect to hemp-related legitimate businesses and hemp-related service providers
(a)

In general
The provisions of this title (other than sections 61406 and 61410) shall apply with respect to hemp-related legitimate businesses and hemp-related service providers in the same manner as such provisions apply with respect to cannabis-related legitimate businesses and service providers.
(b)

Definitions
In this section:
(1)

CBD
The term CBD means cannabidiol.
(2)

Hemp
The term hemp has the meaning given that term under section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o).
(3)

Hemp-related legitimate business
The term hemp-related legitimate business means a manufacturer, producer, or any person or company that—
(A)
engages in any activity described in subparagraph (B) in conformity with the Agricultural Improvement Act of 2018 (Public Law 115–334) and the regulations issued to implement such Act by the Department of Agriculture, where applicable, and the law of a State or political subdivision thereof or Indian Tribe; and
(B)
participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products, including cultivating, producing, extracting, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products.
(4)

Hemp-related service provider
The term hemp-related service provider—
(A)
means a business, organization, or other person that—
(i)
sells goods or services to a hemp-related legitimate business; or
(ii)
provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products; and
(B)
does not include a business, organization, or other person that participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products.
61412.

Banking services for hemp-related legitimate businesses and hemp-related service providers
(a)

Findings
The Congress finds that—
(1)
the Agriculture Improvement Act of 2018 (Public Law 115–334) legalized hemp by removing it from the definition of “marihuana” under the Controlled Substances Act;
(2)
despite the legalization of hemp, some hemp businesses (including producers, manufacturers, and retailers) continue to have difficulty gaining access to banking products and services; and
(3)
businesses involved in the sale of hemp-derived CBD products are particularly affected, due to confusion about the legal status of such products.
(b)

Federal banking regulators’ hemp banking guidance
Not later than the end of the 90-day period beginning on the date of enactment of this Act, the Federal banking regulators shall update their existing guidance, as applicable, regarding the provision of financial services to hemp-related legitimate businesses and hemp-related service providers to address—
(1)
compliance with financial institutions’ existing obligations under Federal laws and implementing regulations determined relevant by the Federal banking regulators, including subchapter II of chapter 53 of title 31, United States Code, and its implementing regulation in conformity with this title and the Department of Agriculture’s rules regulating domestic hemp production (7 CFR 990); and
(2)
best practices for financial institutions to follow when providing financial services, including processing payments, to hemp-related legitimate businesses and hemp-related service providers.
(c)

Definitions
In this section:
(1)

Financial institution
The term financial institution—
(A)
has the meaning given that term under section 5312(a) of title 31, United States Code; and
(B)
includes a bank holding company, as defined under section 2(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)).
(2)

Hemp terms
The terms CBD, hemp, hemp-related legitimate business, and hemp-related service provider have the meaning given those terms, respectively, under section 61411.
61413.

Requirements for deposit account termination requests and orders
(a)

Termination requests or orders must be valid
(1)

In general
An appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless—
(A)
the agency has a valid reason for such request or order; and
(B)
such reason is not based solely on reputation risk.
(2)

Treatment of national security threats
If an appropriate Federal banking agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity which—
(A)
poses a threat to national security;
(B)
is involved in terrorist financing;
(C)
is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the State Sponsors of Terrorism list;
(D)
is located in, or is subject to the jurisdiction of, any country specified in subparagraph (C); or
(E)
does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D),
such belief shall satisfy the requirement under paragraph (1).
(b)

Notice requirement
(1)

In general
If an appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall—
(A)
provide such request or order to the institution in writing; and
(B)
accompany such request or order with a written justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer or group of customers, if any.
(2)

Justification requirement
A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution.
(c)

Customer notice
(1)

Notice required
Except as provided under paragraph (2) or as otherwise prohibited from being disclosed by law, if an appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the specific customer or group of customers of the justification for the customer’s account termination described under subsection (b).
(2)

Notice prohibited
(A)

Notice prohibited in cases of national security
If an appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described under subsection (a)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the customer’s account termination.
(B)

Notice prohibited in other cases
If an appropriate Federal banking agency determines that the notice required under paragraph (1) may interfere with an authorized criminal investigation, neither the depository institution nor the appropriate Federal banking agency may inform the specific customer or group of customers of the justification for the customer’s account termination.
(d)

Reporting requirement
Each appropriate Federal banking agency shall issue an annual report to the Congress stating—
(1)
the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the previous year; and
(2)
the legal authority on which the agency relied in making such requests and orders and the frequency on which the agency relied on each such authority.
(e)

Definitions
For purposes of this section:
(1)

Appropriate Federal banking agency
The term appropriate Federal banking agency means—
(A)
the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B)
the National Credit Union Administration, in the case of an insured credit union.
(2)

Depository institution
The term depository institution means—
(A)
a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B)
an insured credit union.
61414.

Definitions
In this title:
(1)

Business of insurance
The term business of insurance has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).
(2)

Cannabis
The term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(3)

Cannabis product
The term cannabis product means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical.
(4)

Cannabis-related legitimate business
The term cannabis-related legitimate business means a manufacturer, producer, or any person or company that—
(A)
engages in any activity described in subparagraph (B) pursuant to a law established by a State or a political subdivision of a State, as determined by such State or political subdivision; and
(B)
participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.
(5)

Depository institution
The term depository institution means—
(A)
a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B)
a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or
(C)
a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
(6)

Federal banking regulator
The term Federal banking regulator means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Financial Crimes Enforcement Network, the Office of Foreign Asset Control, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Department of the Treasury, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury.
(7)

Financial service
The term financial service—
(A)
means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481), regardless if the customer receiving the product or service is a consumer or commercial entity;
(B)
means a financial product or service, or any combination of products and services, permitted to be provided by—
(i)
a national bank or a financial subsidiary pursuant to the authority provided under—
(I)
the provision designated “Seventh” of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); or
(II)
section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a); and
(ii)
a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act;
(C)
includes the business of insurance;
(D)
includes, whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, where such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers;
(E)
includes acting as a money transmitting business which directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and
(F)
includes acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments (as defined under section 1956(c)(5) of title 18, United States Code.
(8)

Indian country
The term Indian country has the meaning given that term in section 1151 of title 18.
(9)

Indian Tribe
The term Indian Tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10)

Insurer
The term insurer has the meaning given that term under section 313(r) of title 31, United States Code.
(11)

Manufacturer
The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.
(12)

Producer
The term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.
(13)

Service provider
The term service provider—
(A)
means a business, organization, or other person that—
(i)
sells goods or services to a cannabis-related legitimate business; or
(ii)
provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and
(B)
does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.
(14)

State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
61415.

Discretionary surplus funds
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.
H

Committee on Natural Resources
I

Illegal Fishing and Forced Labor Prevention
70101.

Definitions
In this title, the following definitions apply:
(1)

Oppressive Child labor
The term oppressive child labor has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(2)

Forced labor
The term forced labor means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code.
(3)

Human trafficking
The term human trafficking has the meaning given the term severe forms of trafficking in persons in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(4)

Illegal, unreported, or unregulated fishing
The term illegal, unreported, or unregulated fishing has the meaning given such term in section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as amended by this title.
(5)

Seafood
The term seafood means fish meal, and all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish.
(6)

Seafood Import Monitoring Program
The term Seafood Import Monitoring Program means the Seafood Traceability Program established under section 300.324 of title 50, Code of Federal Regulations.
(7)

Secretary
The term Secretary means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
70102.

Authorization of appropriations
There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2022 through 2027 to carry out subtitle A, subtitle B, and the amendments made by those subtitles.
A

Combating Human Trafficking through Seafood Import Monitoring
70111.

Definitions
In this subtitle, the following additional definitions apply:
(1)

Competent authority
The term competent authority means government and any third party that meets certain governing criteria. Such criteria shall be established by regulation, after outreach to key environmental and labor stakeholders.
(2)

Unique vessel identifier
The term unique vessel identifier means a unique number that stays with a vessel for the duration of the vessel’s life, regardless of changes in flag, ownership, name, or other changes to the vessel.
70112.

Expansion of Seafood Import Monitoring Program to all species
The Secretary shall, not later than 2 years after the date of enactment of this Act, expand the Seafood Import Monitoring Program to apply to all seafood and seafood products imported into the United States.
70113.

Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set
The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system that prioritizes the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Agency finds necessary, among other options, rather than open text fields, for—
(1)
authorization to fish;
(2)
unique vessel identifier (if available);
(3)
catch document identifier;
(4)
location of wild-capture harvest and landing or aquaculture location;
(5)
type of fishing gear used to harvest the fish;
(6)
name of farm or aquaculture facility, if applicable; and
(7)
location of aquaculture facility, if applicable.
70114.

Additional data requirements for Seafood Import Monitoring Program data collection
(a)

In general
Not later than 1 year after date of enactment of this Act, the Secretary shall revise section 300.324 of title 50, Code of Federal Regulations, to—
(1)
require at the time of entry for imported seafood and seafood products—
(A)
location of catch or cultivation, including—
(i)
geographic location at a resolution of not less than 1 degree latitude by 1 degree longitude;
(ii)
the country code of the International Organization for Standardization if the catch was within the exclusive economic zone or territorial waters of a country;
(iii)
if appropriate, the regional fisheries management organization or organizations having jurisdiction over the catch, if it occurs within the jurisdiction of any regional fisheries management organization; and
(iv)
the Food and Agriculture Organization major fishing area codes;
(B)
electronic reports of chain-of-custody records that identify, including with unique vessel identifiers when applicable, each custodian of the seafood, including transshippers, processors, storage facilities, and distributors and the physical address of such facilities;
(C)
maritime mobile service identity number of harvesting and transshipment vessels; and
(D)
beneficial owner of each harvesting and transshipment vessel or aquaculture facility, when applicable;
(2)
require all importers submitting seafood import data to require prior notification and submission of seafood import data at least 72 hours and no more than 15 days prior to entry; and
(3)
require verification and certification of harvest information by competent authorities at all major transfer points in the supply chain, including harvest, landing, processing, and transshipment at the time of entry.
(b)

Forced labor
The Secretary, working in consultation with the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of State, shall, not later than 1 year after the date of enactment of this Act, complete a regulatory process to establish additional key data elements for the Seafood Import Monitoring Program, that collect information about labor conditions in the harvest, transshipment, and processing of imported fish and fish products.
(c)

International Fisheries Trade Permit
Not later than 1 year after the date of enactment of this Act, the Secretary shall—
(1)
publish and maintain on the website of the National Marine Fisheries Service a list of all current International Fisheries Trade Permit holders, including the name of the permit holder and expiration date of the permit;
(2)
begin to revoke, modify, or deny issuance of an International Fisheries Trade Permit with respect to a permit holder or applicant that has violated any requirement of section 300.322, 300.323, 300.324, or 300.325 of title 50, Code of Federal Regulations; and
(3)
require an International Fisheries Trade Permit for importers.
70115.

Import audits
(a)

Audit procedures
The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year.
(b)

Annual revision
In developing the procedures required in subsection (a), the Secretary shall, not less frequently than once each year, revise such procedures to prioritize for audit those imports originating from countries—
(1)
identified pursuant to sections 609(b) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(b) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to sections 609(d) or 610(c) of such Act, respectively;
(2)
identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other countries or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing;
(3)
identified as having human trafficking, including forced labor, in any part of the seafood supply chain, including on vessels flagged in such country and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
(4)
identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.); and
(5)
identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
70116.

Availability of fisheries information
(a)

In general
Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended by striking “or” after the semicolon at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting “; or”, and by adding at the end the following:
“(I)
to Federal agencies responsible for screening of imported seafood and for the purpose of carrying out the duties under or with respect to—
(i)
the Seafood Import Monitoring Program;
(ii)
the Antarctic Marine Living Resources Program;
(iii)
the Tuna Tracking and Verification Program;
(iv)
the Atlantic Highly Migratory Species International Trade Program;
(v)
the List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
(vi)
the Trafficking in Persons Report required by section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107);
(vii)
enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
(viii)
the taking and related acts in commercial fishing operations under section 216.24 of title 50, Code of Federal Regulations;
(J)
to Federal, State and local agencies for the purposes of verification and enforcement of title II of this Act; or
(K)
information that pertains to catch documentation and legality of catch, if disclosure of that information would not materially damage the value of catch or business.”.
(b)

Implementation deadline
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations implementing the amendments in this section.
70117.

Authority to hold fish products
Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(b)) is amended—
(1)
in subparagraph (B), striking “; and” and inserting a semicolon;
(2)
in subparagraph (C), striking the period and inserting “; and”; and
(3)
by adding at the end the following a new subparagraph:
“(D)
detain, for a period of up to 14 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 21 days.”.
70118.

Report on seafood import monitoring
(a)

Report to Congress and public availability of reports
The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the public website of the National Oceanic and Atmospheric Administration.
(b)

Contents
Each report submitted under subsection (a) shall include—
(1)
the volume and value of seafood species subject to the Seafood Import Monitoring Program, described in section 300.324 of title 50, Code of Federal Regulations, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;
(2)
the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;
(3)
the percentage of import shipments subject to this program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;
(4)
the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;
(5)
the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;
(6)
the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent;
(7)
the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; and
(8)
such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program.
70119.

Authorization of appropriations
There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act $20,000,000 for each of fiscal years 2022 through 2026.
B

Strengthening International Fisheries Management to Combat Human Trafficking
70121.

Denial of port privileges
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
“(2)

Denial of port privileges
The Secretary of Homeland Security shall, in accordance with international law—
(A)
withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any large-scale driftnet fishing vessels of a nation that receives a negative certification under sections 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of a nation that has been listed pursuant to sections 609(b) or 610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive reports as described under section 607 of such Act (16 U.S.C. 1826h), until a positive certification has been received;
(B)
withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing vessels of a nation that has been listed pursuant to sections 609(b) or 610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive reports as described under section 607 of such Act (16 U.S.C. 1826h); and
(C)
deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.”.
70122.

Identification and certification criteria
(a)

Denial of port privileges
Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j) is amended—
(1)
by striking subsections (a) and (b); and
(2)
by inserting before subsection (c) the following:
“(a)

Cooperation with governments
(1)

Information collection
The Secretary, in consultation with the Secretary of State, shall engage with each flag, coastal, port, and market nation that exports seafood to the United States to collect information sufficient to evaluate the effectiveness of such nation’s management of fisheries and control systems to prevent illegal, unreported, or unregulated fishing.
(2)

Recommendations
The Secretary, in consultation with the Secretary of State, shall provide recommendations to such nations to resolve compliance gaps and improve fisheries management and control systems in order to assist such nations in preventing illegal, unreported, or unregulated fishing.
(b)

Identification and warning
(1)

For actions of a fishing vessel
The Secretary shall identify and list in the report required by section 607 a nation if a fishing vessel of such nation is engaged or has, in the preceding 3 years, engaged in illegal, unreported, or unregulated fishing. The Secretary shall include all nations that qualify for identification, regardless of whether the Secretary has engaged in the process described in this subsection or under subsection (a). Any of the following relevant information is sufficient to form the basis of an identification:
(A)
Compliance reports.
(B)
Data or information from international fishery management organizations, a foreign government, or an organization or stakeholder group.
(C)
Information submitted by the public.
(D)
Information submitted to the Secretary under section 402(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(a)).
(E)
Import data collected by the Secretary pursuant to part 300.324 of title 50, Code of Federal Regulations.
(F)
Information compiled from a Federal agency, including, the Coast Guard and agencies within the Interagency Working Group on Illegal, Unreported, and Unregulated Fishing.
(2)

For actions of a nation
The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing, including the following:
(A)
Any nation that is failing, or has failed in the preceding 3-year period, to cooperate with the United States Government in providing information about such nation’s fisheries management and control systems described in subsection (a).
(B)
Any nation that is violating, or has violated at any point during the preceding 3 years, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement.
(C)
Any nation that is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing.
(D)
Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing.
(E)
Any nation that provides subsidies that—
(i)
contribute to illegal, unreported, or unregulated fishing or increased capacity and overfishing at proportionally higher rates than subsidies that promote fishery resource conservation and management; or
(ii)
that otherwise undermine the effectiveness of any international fishery conservation program.
(F)
Any nation that has been identified as having human trafficking, including forced labor, in any part of the seafood supply chain in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
(G)
Any nation that has been identified as producing seafood-related goods through forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
(H)
Any nation that has been identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries in the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(3)

Warning
The Secretary shall issue a warning to each nation identified under this subsection.
(4)

Timing
The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification.” .
(b)

Illegal, Unreported, or Unregulated certification determination
Section 609(d) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)) is amended to read as follows:
“(d)

IUU certification procedure
(1)

Certification determination
(A)

In general
The Secretary shall establish a procedure for certifying whether a nation identified under subsection (b) has taken appropriate corrective action with respect to the offending activities identified under section (b) that has led to measurable improvements in the reduction of illegal, unreported, or unregulated fishing and any underlying regulatory, policy, or practice failings or gaps that may have contributed to such identification.
(B)

Opportunity for comment
The Secretary shall ensure that the procedure established under subparagraph (A) provides for notice and an opportunity for comment by the identified nation.
(C)

Determination
The Secretary shall, consistent with such procedure, determine and certify to the Congress not later than 90 days after the date on which the Secretary issues a final rule containing the procedure, and biennially thereafter—
(i)
whether the government of each nation identified under subsection (b) has provided documentary evidence that such nation has taken corrective action with respect to such identification; or
(ii)
whether the relevant international fishery management organization has taken corrective action that has ended the illegal, unreported, or unregulated fishing activity by vessels of that nation.
(2)

Alternative procedure
The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a fishery within a nation issued a negative certification under paragraph (1) if the Secretary—
(A)
determines the fishery has not engaged in illegal, unreported, or unregulated fishing under an international fishery management agreement to which the United States is a party;
(B)
determines the fishery is not identified by an international fishery management organization as participating in illegal, unreported, or unregulated fishing activities; and
(C)
ensures that any such seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation).
(3)

Effect of certification determination
(A)

Effect of negative certification
The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and warned under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection.
(B)

Effect of positive certification
The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.”.
70123.

Illegal, unreported, or unregulated fishing defined
(a)

Definition of illegal, unreported, or unregulated fishing in the High Seas Driftnet Fishing Moratorium Protection Act
Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)) is amended to read as follows:
“(e)

Illegal, unreported, or unregulated fishing defined
In this title, the term illegal, unreported, or unregulated fishing means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.”.
(b)

Definition of illegal, unreported, or unregulated fishing in the Magnuson-Stevens Fishery Conservation and Management Act
Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended by adding at the end the following:
“(51)
The term illegal, unreported, or unregulated fishing means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.”.
(c)

Rule of construction
In construing the term illegal, unreported, or unregulated fishing for purposes of the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, the Secretary shall follow internationally recognized labor rights stated in the International Labour Organization Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998), including—
(1)
freedom of association and the effective recognition of the right to collective bargaining;
(2)
the elimination of all forms of forced or compulsory labor;
(3)
the effective abolition of oppressive child labor, a prohibition on the worst forms of child labor, and other labor protections for children and minors;
(4)
the elimination of discrimination in respect of employment and occupation; and
(5)
acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.
70124.

Equivalent conservation measures
(a)

Identification
Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as follows:
“(a)

Identification
(1)

In general
The Secretary shall identify and list in the report under section 607—
(A)
a nation if—
(i)
any fishing vessel of that country is engaged, or has been engaged during the preceding 3 years in fishing activities or practices on the high seas or within the exclusive economic zone of any country, that have resulted in bycatch of a protected living marine resource; and
(ii)
the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable to the regulatory program of the United States; and
(B)
a nation if—
(i)
any fishing vessel of that country is engaged, or has engaged during the preceding 3 years, in fishing activities on the high sees or within the exclusive economic zone of another country that target or incidentally catch sharks; and
(ii)
the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port that is comparable to that of the United States.
(2)

Timing
The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.”.
(b)

Consultation and negotiation
Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is amended to read as follows:
“(b)

Consultation and negotiation
The Secretary of State, acting in conjunction with the Secretary, shall—
(1)
notify, as soon as possible, the President, nations that have been identified under subsection (a), and other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this Act;
(2)
initiate discussions as soon as possible with all foreign countries which are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act;
(3)
seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Food and Agriculture Organization’s Committee on Fisheries, and appropriate international fishery management bodies; and
(4)
initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.”.
(c)

Conservation certification procedure
Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is amended—
(1)
in subparagraph (A) of paragraph (1), by striking “, taking into account different conditions,”;
(2)
in paragraph (2), by inserting “the public and” after “comment by”;
(3)
in paragraph (4)—
(A)
in subparagraph (A), by striking “, taking into account different conditions”;
(B)
in subparagraph (B), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(C)
ensures that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established by part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulations).”; and
(4)
in paragraph (5), by striking “(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)”.
(d)

Definition of protected living marine resource
Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph (1) and inserting the following:
“(1)
except as provided in paragraph (2), means nontarget fish, sea turtles, seabirds, or marine mammals that are protected under United States law or international agreement, including—
(A)
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(B)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C)
the Shark Finning Prohibition Act (16 U.S.C. 1822 note), including amendments made by that Act; and
(D)
the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087, TIAS 8249); but”.
70125.

Regulations
Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations implementing this title.
C

Maritime Awareness
70131.

Automatic identification system requirements
(a)

Requirement for fishing vessels To have automatic identification systems
Section 70114(a)(1) of title 46, United States Code, is amended—
(1)
by striking “, while operating on the navigable waters of the United States,”
(2)
by redesignating subparagraphs (A) through (D) as clauses (i) through (iv);
(3)
by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following:
“(A)
While operating on the navigable waters of the United States:”; and
(4)
by adding at the end the following:
“(B)
A vessel of the United States that is more than 65 feet overall in length, while engaged in fishing, fish processing, or fish tendering operations on the navigable waters of the United States or in the United States exclusive economic zone.”.
(b)

Authorization of appropriations
There is authorized to be appropriated to the Secretary of Commerce for fiscal year 2022, $5,000,000, to remain available until expended, to purchase automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length, as described under this title and the amendments made by this title.
II

Driftnet Modernization and Bycatch Reduction
70201.

Definition
Section 3(25) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(25)) is amended by inserting “, or with a mesh size of 14 inches or greater,” after “more”.
70202.

Findings and policy
(a)

Findings
Section 206(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(b)) is amended—
(1)
in paragraph (6), by striking “and” at the end;
(2)
in paragraph (7), by striking the period and inserting “; and”; and
(3)
by adding at the end the following:
“(8)
within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.”.
(b)

Policy
Section 206(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(c)) is amended—
(1)
in paragraph (2), by striking “and” at the end;
(2)
in paragraph (3), by striking the period and inserting “; and”; and
(3)
by adding at the end the following:
“(4)
prioritize the phase-out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.”.
70203.

Transition program
Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826) is amended by adding at the end the following:
“(i)

Fishing gear transition program
(1)

In general
During the 5-year period beginning on the date of enactment of the America COMPETES Act of 2022, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.
(2)

Permissible uses
Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering—
(A)
any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit;
(B)
a forfeiture of fishing gear associated with a permit described in subparagraph (A); or
(C)
the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gears.
(3)

Certification
The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.”.
70204.

Exception
Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before the semicolon the following:
“, unless such large-scale driftnet fishing—
(i)
deploys, within the exclusive economic zone, a net with a total length of less than 21/2 kilometers and a mesh size of 14 inches or greater; and
(ii)
is conducted not later than 5 years after the date of enactment of the America COMPETES Act of 2022.”.
70205.

Fees
(a)

In general
The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations).
(b)

Use of fees
Any fees collected under this section shall be available for the purposes of—
(1)
financing administrative costs of the Recreational Quota Entity program;
(2)
the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations);
(3)
halibut conservation and research; and
(4)
promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations).
(c)

Limitation on collection and availability
Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d).
(d)

Fee collected during start-up period
Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this title through September 30, 2022, and shall be available for obligation and remain available until expended.
III

Marine Mammal Research and Response
70301.

Data collection and dissemination
Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)(A), by inserting “or entangled” after “stranded”;
(B)
in paragraph (3)—
(i)
by striking “strandings,” and inserting “strandings and entanglements, including unusual mortality events,”;
(ii)
by inserting “stranding” before “region”; and
(iii)
by striking “marine mammals; and” and inserting “marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and”; and
(C)
in paragraph (4), by striking “analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.” and inserting “analyses.”; and
(2)
by striking subsection (c) and inserting the following:
“(c)

Information required To be submitted and collected
(1)

In General
After each response to a stranding or entanglement event, the Secretary shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each stranding network participant who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration—
(A)
data on the stranding event, including NOAA Form 89–864 (OMB #0648–0178), NOAA Form 89–878 (OMB #0648–0178), similar successor forms, or similar information in an appropriate format required by the United States Fish and Wildlife Service for species under its management authority;
(B)
supplemental data to the data described in subparagraph (A), which may include, as available, relevant information about—
(i)
weather and tide conditions;
(ii)
offshore human, predator, or prey activity;
(iii)
morphometrics;
(iv)
behavior;
(v)
health assessments;
(vi)
life history samples; or
(vii)
stomach and intestinal contents; and
(C)
data and results from laboratory analysis of tissues, which may include, as appropriate and available—
(i)
histopathology;
(ii)
toxicology;
(iii)
microbiology;
(iv)
virology; or
(v)
parasitology.
(2)

Timeline
A stranding network participant shall submit—
(A)
the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event;
(B)
the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and
(C)
the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant.
(d)

Availability of data
(1)

In general
The Secretary shall develop a program to make information, including any data and metadata collected under paragraphs (3) or (4) of subsection (b) or subsection (c), available to researchers, stranding network participants, and the public—
(A)
to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators;
(B)
to identify and quickly disseminate information on potential public health risks;
(C)
to facilitate integrated interdisciplinary research;
(D)
to facilitate peer-reviewed publications;
(E)
to archive regional data into 1 national database for future analyses; and
(F)
for education and outreach activities.
(2)

Access to data
The Secretary shall ensure that any data or metadata collected under subsection (c)—
(A)
by staff of the National Oceanic and Atmospheric Administration that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and
(B)
by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System not later than 2 years after the date on which that data is submitted to the Secretary under subsection (c).
(3)

Exceptions
(A)

Written release
Not­with­stand­ing paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data is submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available.
(B)

Law enforcement
Not­with­stand­ing paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph (2) in the event of a law enforcement action or legal action that may be related to that data.
(e)

Standards
The Secretary, in consultation with the marine mammal stranding community, shall—
(1)
make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the Health MAP and the Observation System; and
(2)
periodically update such guidance.
(f)

Management policy
In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events.”.
70302.

Stranding or entanglement response agreements
(a)

In general
Section 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421b) is amended—
(1)
in the section heading by inserting “or entanglement” before “response”;
(2)
in subsection (a), by striking the period at the end and inserting “or entanglement.”; and
(3)
in subsection (b)—
(A)
in paragraph (1), by striking “and” after the semicolon;
(B)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:
“(3)
include a description of the data management and public outreach policy established under section 402(f).”.
(b)

Table of contents amendment
The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522; 86 Stat. 1027) is amended by striking the item related to section 403 and inserting the following:
“Sec. 403. Stranding or entanglement response agreements.”.
70303.

Unusual mortality event activity funding
Section 405 the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended—
(1)
by striking subsection (b) and inserting the following:
“(b)

Uses
Amounts in the Fund—
(1)
shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure—
(A)
to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event designated under section 404(a)(2)(B)(iii);
(B)
for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event for the Tissue Bank; and
(C)
for the care and maintenance of a marine mammal seized under section 104(c)(2)(D); and
(2)
shall remain available until expended.”; and
(2)
in subsection (c)—
(A)
in paragraph (2), by striking “and” at the end;
(B)
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
“(4)
not more than $250,000 per year, as determined by the Secretary of Commerce, from sums collected as fines, penalties, or forfeitures of property by the Secretary of Commerce for violations of any provision of this Act; and
(5)
sums received from emergency declaration grants for marine mammal conservation.”.
70304.

Liability
Section 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)—
(1)
by inserting “or entanglement” after “to a stranding”; and
(2)
by striking “government” and inserting “Government”.
70305.

National Marine Mammal Tissue Bank and tissue analysis
Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is amended—
(1)
in subsection (c)(2)(A), by striking “the health of marine mammals and” and inserting “marine mammal health and mortality and the health of”; and
(2)
in subsection (d), in the matter preceding paragraph (1), by inserting “public” before “access”.
70306.

Marine Mammal Rescue and Response Grant Program and Rapid Response Fund
(a)

In general
Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1) is amended—
(1)
by striking the section heading and inserting “Marine Mammal Rescue and Response Grant Program and Rapid Response Fund”;
(2)
by striking subsections (a) through (d) and subsections (f) through (h);
(3)
by redesignating subsection (e) as subsection (f); and
(4)
by inserting before subsection (f), as redesignated by paragraph (3), the following:
“(a)

Definitions
In this section:
(1)

Emergency assistance
(A)

In General
The term emergency assistance means—
(i)
financial assistance provided to respond to, or that results from, a stranding event or entanglement event that—
(I)
causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation;
(II)
is cyclical or endemic; or
(III)
involves a marine mammal that is out of the normal range for that marine mammal; or
(ii)
financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that the appropriate Secretary or State or Tribal government considers to be an emergency.
(B)

Exclusions
The term emergency assistance does not include financial assistance to respond to an unusual mortality event.
(2)

Secretary
The term Secretary has the meaning given that term in section 3(12)(A).
(3)

Stranding region
The term stranding region means a geographic region designated by the applicable Secretary for purposes of administration of this title.
(b)

John H. Prescott Marine Mammal Rescue and Response Grant Program
(1)

In general
Subject to the availability of appropriations or other funding, the applicable Secretary shall carry out a grant program, to be known as the “John H. Prescott Marine Mammal Rescue and Response Grant Program” (referred to in this section as the “grant program”), to award grants to eligible stranding network participants or stranding network collaborators, as described in this subsection.
(2)

Purposes
The purposes of the grant program are to provide for—
(A)
the recovery, care, or treatment of sick, injured, or entangled marine mammals;
(B)
responses to marine mammal stranding events that require emergency assistance;
(C)
the collection of data and samples from living or dead stranded marine mammals for scientific research or assessments regarding marine mammal health;
(D)
facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and
(E)
development of stranding network capacity, including training for emergency response, where facilities do not exist or are sparse.
(3)

Contract, grant, and cooperative agreement authority
(A)

In general
The applicable Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines to be appropriate, for the purposes described in paragraph (2).
(B)

Emergency award flexibility
Following a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable Secretary may—
(i)
amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or
(ii)
waive the requirements under subsection (f) for grant applications submitted during the provision of emergency assistance.
(4)

Equitable distribution of funds
(A)

In general
The Secretary shall ensure, to the extent practicable, that funds awarded under the grant program are distributed equitably among the stranding regions.
(B)

Considerations
In determining priorities among the stranding regions under this paragraph, the Secretary may consider—
(i)
equitable distribution within the stranding regions, including the subregions (including the Gulf of Mexico);
(ii)
any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that occurred in any stranding region in the preceding year;
(iii)
any data with respect to average annual stranding, entanglements, and mortality events per stranding region;
(iv)
the size of the marine mammal populations inhabiting a stranding region;
(v)
the importance of the region’s marine mammal populations to the well-being of indigenous communities; and
(vi)
the conservation of protected, depleted, threatened, or endangered marine mammal species.
(C)

Strandings
For the purposes of the grant program, priority is to be given to applications focusing on marine mammal strandings.
(5)

Application
To be eligible for a grant under the grant program, a stranding network participant shall—
(A)
submit an application in such form and manner as the applicable Secretary prescribes; and
(B)
be in compliance with the data reporting requirements under section 402(d) and any applicable reporting requirements of the United States Fish and Wildlife Service for species under its management jurisdiction.
(6)

Grant criteria
The Secretary shall, in consultation with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science with respect to stranded marine mammals under that Department's jurisdiction, develop criteria for awarding grants under their respective grant programs.
(7)

Limitations
(A)

Maximum grant amount
No grant made under the grant program for a single award may exceed $150,000 in any 12-month period.
(B)

Unexpended funds
Any funds that have been awarded under the grant program but that are unexpended at the end of the 12-month period described in subparagraph (A) shall remain available until expended.
(8)

Administrative costs and expenses
The Secretary's administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of—
(A)
6 percent of the amounts made available each fiscal year to carry out the grant program; or
(B)
$80,000.
(9)

Transparency
The Secretary shall make publicly available a list of grant proposals for the upcoming fiscal year, funded grants, and requests for grant flexibility under this subsection.
(c)

Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund
(1)

In general
There is established in the Treasury of the United States an interest-bearing fund, to be known as the “Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund” (referred to in this section as the “Rapid Response Fund”).
(2)

Use of Funds
Amounts in the Rapid Response Fund shall be available only for use by the Secretary to provide emergency assistance.
(d)

Authorization of appropriations
(1)

In general
(A)

Authorization of appropriations
There is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2021 through 2026, to remain available until expended, of which for each fiscal year—
(i)
$6,000,000 is authorized to be appropriated to the Secretary of Commerce; and
(ii)
$1,000,000 is authorized to be appropriated to the Secretary of the Interior.
(B)

Derivation of funds
Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated pursuant to subparagraph (A) that are enacted after the date of enactment of the America COMPETES Act of 2022.
(2)

Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund
There is authorized to be appropriated to the Rapid Response Fund $500,000 for each of fiscal years 2022 through 2026.
(e)

Acceptance of donations
For the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.”.
(b)

Table of contents amendment
The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522) is further amended by striking the item related to section 408 and inserting the following:
“Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.”.
70307.

Health MAP
(a)

In general
Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408 the following:
“408A.

Marine Mammal Health Monitoring and Analysis Platform (Health MAP)
(a)

In general
Not later than 1 year after the date of enactment of the America COMPETES Act of 2022, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall—
(1)
establish a marine mammal health monitoring and analysis platform (referred to in this Act as the “Health MAP”);
(2)
incorporate the Health MAP into the Observation System; and
(3)
make the Health MAP—
(A)
publicly accessible through the web portal of the Observation System; and
(B)
interoperable with other national data systems or other data systems for management or research purposes, as practicable.
(b)

Purposes
The purposes of the Health MAP are—
(1)
to promote—
(A)
interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists;
(B)
timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data;
(C)
identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding;
(D)
evaluation of marine mammal health in terms of mortality, as well as sublethal marine mammal health impacts;
(E)
improved collaboration and forecasting of marine mammal and larger ecosystem health events;
(F)
rapid communication and dissemination of information regarding marine mammal strandings that may have implications for human health, such as those caused by harmful algal blooms; and
(G)
increased accessibility of data in a user friendly visual interface for public education and outreach; and
(2)
to contribute to an ocean health index that incorporates marine mammal health data.
(c)

Requirements
The Health MAP shall—
(1)
integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualizations and metadata, collected by marine mammal stranding networks, Federal, State, local, territorial, and Tribal governments, private partners, and academia; and
(2)
be designed—
(A)
to enhance data and information availability, including data sharing among stranding network participants, scientists, and the public within and across stranding network regions;
(B)
to facilitate data and information access across scientific disciplines, scientists, and managers;
(C)
to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the national and regional data portals of the Observation System; and
(D)
in collaboration with, and with input from, States and stranding network participants.
(d)

Procedures and guidelines
The Secretary shall establish and implement policies, protocols, and standards for—
(1)
reporting marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402;
(2)
promptly transmitting health data from the stranding networks and other appropriate data providers to the Health MAP;
(3)
disseminating and making publicly available data on marine mammal health, stranding, entanglement, and mortality data in a timely and sustained manner; and
(4)
integrating additional marine mammal health, stranding, or other relevant data as the Secretary determines appropriate.
(e)

Consultation
The Administrator of the National Oceanic and Atmospheric Administration shall maintain and update the Health MAP in consultation with the Secretary of the Interior and the Marine Mammal Commission.
(f)

Contributions
For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.”.
(b)

Table of contents amendment
The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522) is further amended by inserting after the item related to section 408 the following:
“Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform (Health MAP).”.
70308.

Reports to Congress
(a)

In general
Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421 et seq.) is further amended by inserting after section 408A the following:
“408B.

Reports to Congress
(a)

Definition of appropriate committees of Congress
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Commerce, Science, and Transportation of the Senate; and
(2)
the Committee on Natural Resources of the House of Representatives.
(b)

Health MAP status report
(1)

In general
Not later than 2 year after the date of enactment of the America COMPETES Act of 2022, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report describing the status of the Health MAP.
(2)

Requirements
The report under paragraph (1) shall include—
(A)
a detailed evaluation of the data made publicly available through the Health MAP;
(B)
a detailed list of any gaps in data collected pursuant to the Health MAP, a description of the reasons for those gaps, and recommended actions to close those gaps;
(C)
an analysis of the effectiveness of using the website of the Observation System as the platform to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data;
(D)
a list of publications, presentations, or other relevant work product resulting from, or produced in collaboration with, the Health MAP;
(E)
a description of emerging marine mammal health concerns and the applicability of those concerns to human health;
(F)
an analysis of the feasibility of the Observation System being used as an alert system during stranding events, entanglement events, and unusual mortality events for the stranding network, Observation System partners, Health MAP partners, Federal and State agencies, and local, territorial, and Tribal governments;
(G)
an evaluation of the use of Health MAP data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Observation System data for those purposes; and
(H)
recommendations for the Health MAP with respect to—
(i)
filling any identified data gaps;
(ii)
standards that could be used to improve data quality, accessibility, transmission, interoperability, and sharing;
(iii)
any other strategies that would contribute to the effectiveness and usefulness of the Health MAP; and
(iv)
the funding levels needed to maintain and improve the Health MAP.
(c)

Data gap analysis
(1)

In general
Not later than 5 years after the date on which the report required under subsection (b)(1) is submitted, and every 10 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of Commerce, shall—
(A)
make publicly available a report on the data gap analysis described in paragraph (2); and
(B)
provide a briefing to the appropriate committees of Congress concerning that data gap analysis.
(2)

Requirements
The data gap analysis under paragraph (1) shall include—
(A)
an overview of existing participants within a marine mammal stranding network;
(B)
an identification of coverage needs and participant gaps within a network;
(C)
an identification of data and reporting gaps from members of a network; and
(D)
an analysis of how stranding and health data are shared and made available to scientists, academics, State, local, territorial, and Tribal governments, and the public.
(d)

Marine mammal response capabilities in the Arctic
(1)

In general
Not later than 1 year after the date of enactment of the America COMPETES Act of 2022, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geologic Survey, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall—
(A)
make publicly available a report describing the response capabilities for sick and injured marine mammals in the Arctic regions of the United States; and
(B)
provide a briefing to the appropriate committees of Congress on that report.
(2)

Arctic
The term Arctic has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(3)

Requirements
The report under paragraph (1) shall include—
(A)
a description, developed in consultation with the Director of the United States Fish and Wildlife Service, of all marine mammal stranding agreements in place for the Arctic region of the United States, including species covered, response capabilities, facilities and equipment, and data collection and analysis capabilities;
(B)
a list of State and local government agencies that have personnel trained to respond to marine mammal strandings in the Arctic region of the United States;
(C)
an assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages;
(D)
an analysis of spatial and temporal trends in marine mammal strandings and unusual mortality events that are correlated with changing environmental conditions in the Arctic region of the United States;
(E)
a description of training and other resource needs to meet emerging response requirements in the Arctic region of the United States;
(F)
an analysis of oiled marine mammal response and rehabilitation capabilities in the Arctic region of the United States, including personnel, equipment, facilities, training, and husbandry capabilities, and an assessment of factors that affect response and rehabilitation success rates; and
(G)
recommendations to address future stranding response needs for marine mammals in the Arctic region of the United States.”.
(b)

Table of contents amendment
The table of contents in the first section of the Marine Mammal Protection Act of 1972 (Public Law 92–522) is further amended by inserting after the item related to section 408A the following:
“Sec. 408B. Reports to Congress.”.
70309.

Authorization of appropriations
Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is amended—
(1)
in paragraph (1), by striking “1993 and 1994;” and inserting “2022 through 2026;”;
(2)
in paragraph (2), by striking “1993 and 1994;” and inserting “2022 through 2026;”; and
(3)
in paragraph (3), by striking “fiscal year 1993.” and inserting “for each of fiscal years 2022 through 2026.”.
70310.

Definitions
Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is amended—
(1)
by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2)
by inserting before paragraph (2) (as so redesignated) the following:
“(1)
The term entangle or entanglement means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is—
(A)
on lands under the jurisdiction of the United States, including beaches and shorelines; or
(B)
in waters under the jurisdiction of the United States, including any navigable waters.”;
(3)
in paragraph (2) (as so redesignated) by striking “The term” and inserting “Except as used in section 408, the term”;
(4)
by inserting after paragraph (2) (as so redesignated) the following:
“(3)
The term Health MAP means the Marine Mammal Health Monitoring and Analysis Platform established under section 408A(a)(1).
(4)
The term Observation System means the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603).”.
70311.

Study on marine mammal mortality
(a)

In General
Not later than 12 months after the date of enactment of this Act, the Undersecretary of Commerce for Oceans and Atmosphere shall, in consultation with the Secretary of the Interior and the Marine Mammal Commission, conduct a study evaluating the connections among marine heat waves, frequency and intensity of harmful algal blooms, prey availability, and habitat degradation, and the impacts of these conditions on marine mammal mortality.
(b)

Report
The Undersecretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall prepare, post to a publicly available website, and brief the appropriate committees of Congress on, a report containing the results of the study described in subsection (a). The report shall identify priority research activities, opportunities for collaboration, and current gaps in effort and resource limitations related to advancing scientific understanding of how ocean heat waves, harmful algae blooms, availability of prey, and habitat degradation impact marine mammal mortality. The report shall include recommendations for policies needed to mitigate and respond to mortality events.
IV

Reauthorization of Coral Reef Conservation Act of 2000
70401.

Reauthorization of Coral Reef Conservation Act of 2000
(a)

Purposes; Federal coral reef management and restoration activities
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 202 and 203 and inserting the following:
“202.

Purposes
The purposes of this title are—
(1)
to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing;
(2)
to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal, State, and locally managed jurisdictions with coral reef equities;
(3)
to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration;
(4)
to assist in the preservation of coral reefs by supporting science-based, consensus-driven State, Tribal, Pacific Islander, territorial, and community-based coral reef management, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations;
(5)
to provide financial resources, technical assistance, and scientific expertise to supplement and strengthen State, Tribal, Indigenous, and community-based management programs and conservation and restoration projects;
(6)
to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects;
(7)
to support the rapid and effective, science-based assessment and response to emergencies that imminently threaten coral reefs, such as coral disease outbreaks, invasive species, hurricanes, marine heat waves, coral bleaching, and other natural disasters, vessel groundings or chemical spills, and other exigent circumstances; and
(8)
to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems in the jurisdictions of United States allies and trading partners.
203.

Federal coral reef management and restoration activities
(a)

In general
The Administrator or the Secretary of the Interior may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with—
(1)
all applicable laws governing resource management in Federal and State waters, including this Act;
(2)
the national coral reef resilience strategy in effect under section 204A;
(3)
coral reef action plans in effect under section 205, as applicable; and
(4)
coral reef emergency plans in effect under section 209, as applicable.
(b)

Activities described
Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including—
(1)
developing, including through the collection of requisite data, high-quality and digitized maps reflecting—
(A)
current and historical live coral cover data;
(B)
coral reef habitat quality data;
(C)
priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix itself, that benefit coastal communities and living marine resources;
(D)
priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix itself, to benefit coastal communities and living marine resources; and
(E)
areas of concern that may require enhanced monitoring of coral health and cover;
(2)
enhancing compliance with Federal laws that prohibit or regulate—
(A)
the taking of coral products or species associated with coral reefs; or
(B)
the use and management of coral reef ecosystems;
(3)
long-term ecological monitoring of coral reef ecosystems;
(4)
implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(5)
restoring degraded coral reef ecosystems;
(6)
promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;
(7)
monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including chemical spill cleanup and the removal of grounded vessels;
(8)
conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs;
(9)
enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems;
(10)
preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs through navigational aids and expansion of reef-safe anchorages; and
(11)
centrally archiving, managing, and distributing data sets and coral reef ecosystem assessments and publishing such information on publicly available internet websites of—
(A)
the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and
(B)
the Task Force.
(c)

Federal agencies specified
A Federal agency specified in this subsection is one of the following:
(1)
The National Oceanic and Atmospheric Administration.
(2)
The National Park Service.
(3)
The United States Fish and Wildlife Service.
(4)
The Office of Insular Affairs.”.
(b)

Additional provisions
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 205 through 210 and inserting the following:
“204A.

National coral reef resilience strategy
(a)

In general
The Administrator shall—
(1)
develop a national coral reef resilience strategy; and
(2)
periodically, but not less frequently than every 15 years, review and revise the strategy.
(b)

Elements
The strategy required by subsection (a) shall include the following:
(1)
A discussion addressing—
(A)
continuing and emerging threats to the resilience of United States coral reef ecosystems;
(B)
remaining gaps in coral reef ecosystem research, monitoring, and assessment;
(C)
the status of management cooperation and integration among Federal, State, Tribal, and locally managed jurisdictions with coral reef equities;
(D)
the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, datasets, and maps;
(E)
areas of special focus, which may include—
(i)
improving natural coral recruitment;
(ii)
preventing avoidable losses of corals and their habitat;
(iii)
enhancing the resilience of coral populations;
(iv)
supporting a resilience-based management approach;
(v)
developing, coordinating, and implementing watershed management plans;
(vi)
building and sustaining watershed management capacity at the local level;
(vii)
providing data essential for coral reef fisheries management;
(viii)
building capacity for coral reef fisheries management;
(ix)
increasing understanding of coral reef ecosystem services;
(x)
educating the public on the importance of coral reefs, threats to coral reefs, and solutions to such threats; and
(xi)
evaluating intervention efficacy;
(F)
the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, State fish and wildlife management agencies; and
(G)
science-based adaptive management and restoration efforts.
(2)
A statement of national goals and objectives designed to guide—
(A)
future Federal coral reef management and restoration activities authorized under section 203;
(B)
conservation and restoration priorities for grants awarded under section 213; and
(C)
research priorities for the cooperative institutes established under section 215(c).
(3)
General templates for use by covered reef managers to guide the development of—
(A)
coral reef action plans under section 205; and
(B)
coral reef emergency plans under section 209.
(c)

Consultations
In developing all elements of the strategy required by subsection (a), the Administrator shall—
(1)
consult with the Secretary of the Interior, the Task Force, covered States, and Tribal organizations;
(2)
engage stakeholders, including coral reef stewardship partnerships, coral reef institutes and research centers described in section 215(c), and coral reef conservation grant awardees; and
(3)
solicit public review and comment regarding scoping and the draft strategy.
(d)

Submission to congress; publication
The Administrator shall—
(1)
submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and
(2)
publish the strategy and any such revisions on publicly available internet websites of—
(A)
the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and
(B)
the Task Force.
(e)

Transition rule
On and after the date of the enactment of the America COMPETES Act of 2022, the 2018 Coral Reef Conservation Program Strategic Plan of the National Oceanic and Atmospheric Administration shall be considered to be the national coral reef resilience strategy in effect under this section until the earlier of—
(1)
September 30, 2033; or
(2)
the date on which the Administrator develops a national coral reef resilience strategy under this section.
205.

Coral reef action plans
(a)

Coral reef action plans
Except as provided in subsection (h), not later than 3 years after the date of the enactment of the America COMPETES Act of 2022, and not later than 2 years after the publication of a revised national coral reef resilience strategy under section 204A, each covered reef manager shall prepare and submit to the Task Force a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager.
(b)

Requirements
A covered reef manager preparing a coral reef action plan under subsection (a) shall—
(1)
ensure that the plan is consistent with all elements of the national coral reef resilience strategy in effect; and
(2)
revise the plan not less frequently than once every 5 years.
(c)

Plan elements
A coral reef action plan under subsection (a) shall include a discussion of the following elements:
(1)
Short- and mid-term coral reef conservation and restoration objectives within the applicable jurisdiction.
(2)
An updated adaptive management framework to inform research, monitoring, and assessment needs.
(3)
The status of any coral reef emergency plans in effect under section 209 covering coral reef ecosystems within the applicable jurisdiction.
(4)
Tools, strategies, and partnerships necessary to identify, monitor, and redress the impacts of pollution, diminished water quality, temperature fluctuations, acidification, overfishing, disease, and other disturbances to coral reef ecosystems within the applicable jurisdiction.
(5)
The status of efforts to improve coral reef ecosystem management cooperation and integration among neighboring Federal, State, Tribal, or locally managed jurisdictions, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the applicable jurisdiction.
(6)
An accounting of annual expenditures on coral reef management and restoration activities within the applicable jurisdiction while the preceding action plan, if any, was in effect.
(7)
Estimated budgetary and resource considerations necessary to carry out the proposed action plan.
(d)

Technical assistance
The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef action plan under subsection (a).
(e)

Adoption of coral reef action plans
A covered reef manager may adopt a coral reef action plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager’s applicable jurisdiction.
(f)

Public review
The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (e), shall be subject to public review and comment.
(g)

Publication
The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on publicly available internet websites of—
(1)
the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and
(2)
the Task Force.
(h)

Applicability to covered States and coral reef stewardship partnerships
A covered State or non-Federal coral reef stewardship partnership is not required to develop a coral reef action plan under subsection (a), but may do so in its own discretion. In developing a coral reef action plan, a covered State or non-Federal coral reef stewardship partnership is encouraged, but not mandated, to comply with the requirements of this section.
(i)

Plan in effect
A coral reef action plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.
206.

Coral reef stewardship partnerships
(a)

Coral reef stewardship partnerships
The Administrator shall establish standards for the identification of coral reefs and the formation of partnerships among government and community members for the stewardship of coral reefs (in this title referred to as “coral reef stewardship partnerships”) in accordance with this section, including guidance for preparation and submission of coral reef action plans under section 205 for review and approval by the Administrator.
(b)

Identification of coral reefs
Each coral reef stewardship partnership shall identify with particularity the coral reef or ecologically significant component of a coral reef that will be the subject of its stewardship activities.
(c)

Membership for Federal coral reefs
A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:
(1)
That Federal agency, a representative of which shall serve as chair of the coral reef stewardship partnership.
(2)
A State, county, or Tribal organization’s resource management agency.
(3)
A coral reef research center described in section 215(c)(4) or another institution of higher education.
(4)
A nongovernmental organization.
(5)
Such other members as the partnership considers appropriate, such as interested stakeholder groups.
(d)

Membership for non-Federal coral reefs
(1)

In general
A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:
(A)
A State, county, or Tribal organization’s resource management agency, a representative of which shall serve as the chair of the coral reef stewardship partnership.
(B)
A coral reef research center described in section 215(c)(4) or another institution of higher education.
(C)
A nongovernmental organization.
(D)
Such other members as the partnership considers appropriate, such as interested stakeholder groups.
(2)

Additional members
(A)

In general
Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies that have management responsibility in the coral reef that is the subject of the partnership’s stewardship activities.
(B)

Requests; approval
A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if—
(i)
the representative submits a request to become a member to the chair of the partnership referred to in paragraph (1)(A); and
(ii)
the chair consents to the request.
(e)

Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship partnerships.
207.

Block grants and cooperative agreements
(a)

In general
The Administrator shall provide block grants of financial assistance to covered States to support management and restoration activities and further the implementation of coral reef action plans in effect under section 205 by covered States and non-Federal coral reef stewardship partnerships.
(b)

Eligibility for additional amounts
(1)

In general
A covered State shall qualify for and receive additional grant amounts beyond the base award specified in subsection (c)(1) if there is at least one coral reef action plan in effect within the jurisdiction of the covered State developed by that covered State or a non-Federal coral reef stewardship partnership.
(2)

Waiver
In any fiscal year before fiscal year 2025, the Administrator shall waive the requirement to qualify for and receive additional grant amounts described in paragraph (1).
(c)

Funding formula
The amount of each block grant awarded to a covered State under this section shall be the sum of—
(1)
a base award of $100,000; and
(2)
if the State is eligible under subsection (b)—
(A)
an amount that is equal to non-Federal expenditures of up to $3,000,000 on coral reef management and restoration activities within the jurisdiction of the State during the previous fiscal year, and
(B)
an additional amount, from any funds appropriated for activities under this section that remain after distribution under subparagraph (A), paragraph (1), and subsection (g)based on the proportion of the State’s share of total non-Federal expenditures on coral reef management and restoration activities, as reported within the previous fiscal year, in excess of $3,000,000, relative to other covered States.
(d)

Exclusions
For the purposes of calculating block grant amounts under subsection (c), Federal funds provided to a covered State or non-Federal coral reef stewardship partnership shall not be considered as qualifying non-Federal expenditures, but non-Federal matching funds used to leverage Federal awards may be considered as qualifying non-Federal expenditures.
(e)

Responsibilities of the administrator
The Administrator is responsible for—
(1)
providing guidance on qualifying non-Federal expenditures and the proper documentation of such expenditures;
(2)
issuing annual solicitations to covered States for additional awards under this section; and
(3)
determining the appropriate allocation of additional amounts among covered States in accordance with this section.
(f)

Responsibilities of covered States
Each covered State is responsible for documenting non-Federal expenditures within the jurisdiction of the State and formally reporting those expenditures for review in response to annual solicitations by the Administrator under subsection (e).
(g)

Cooperative agreements
The Administrator may enter into cooperative agreements with States to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such States that are consistent with the national coral reef resilience strategy in effect under section 204A.
208.

Coral reef stewardship fund
(a)

Authority To enter into agreements
The Administrator may enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the “Foundation”), authorizing the Foundation to receive, hold, and administer funds received under this section.
(b)

Fund
The Foundation shall invest, reinvest, and otherwise administer the funds received under this section and maintain such funds and any interest or revenues earned in a separate interest-bearing account, to be known as the “Coral Reef Stewardship Fund” (in this section referred to as the “Fund”, and known before the date of the enactment of the America COMPETES Act of 2022 as the Coral Reef Conservation Fund administered through a public-private partnership with the Foundation), established by the Foundation solely to support coral reef stewardship partnership activities that—
(1)
further the purposes of this title; and
(2)
are consistent with—
(A)
the national coral reef resilience strategy in effect under section 204A; and
(B)
coral reef action plans in effect, if any, under section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable.
(c)

Authorization To solicit donations
(1)

In general
Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title.
(2)

Deposits in fund
Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.
(3)

Notification required
Not later than 30 days after funds are deposited in the Fund under paragraph (2), the Foundation shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of the source and amount of such funds.
(d)

Review of performance
The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of—
(1)
this section; and
(2)
the national coral reef resilience strategy in effect under section 204A.
(e)

Administration
Under an agreement entered into pursuant to subsection (a), the Administrator may transfer funds appropriated to carry out this title to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or Tribal organizations.
209.

Coral reef emergency plans
(a)

In general
A covered reef manager may develop and periodically update a plan (in this title referred to as a “coral reef emergency plan”) consistent with the template described in section 204A(b)(3) to guide the rapid and effective response to circumstances that pose an urgent and immediate threat to the coral reef ecosystems within the manager’s responsibilities and jurisdictions, and consistent with any applicable coral reef action plan.
(b)

Coral reef emergencies
The Administrator shall develop a list of, and criteria for, circumstances that pose an urgent and immediate threat to coral reefs (in this title referred to as “coral reef emergencies”), including—
(1)
new and ongoing outbreaks of disease;
(2)
new and ongoing outbreaks of invasive or nuisance species;
(3)
new and ongoing coral bleaching events;
(4)
natural disasters;
(5)
man-made disasters, including vessel groundings, hazardous spills, or coastal construction accidents; and
(6)
other exigent circumstances.
(c)

Best response practices
The Administrator shall develop guidance on best practices to respond to coral reef emergencies that can be adopted within coral reef emergency plans. Such best practices shall be—
(1)
based on the best available science and integrated with evolving innovative technologies; and
(2)
revised not less frequently than once every 5 years.
(d)

Plan elements
A coral reef emergency plan shall include the following elements:
(1)
A description of particular threats, and the proposed responses, consistent with the best practices developed under subsection (d).
(2)
A delineation of roles and responsibilities for executing the plan.
(3)
Evidence of engagement with interested stakeholder groups, as applicable, in the development of the plan.
(4)
Any other information the Administrator considers to be necessary for the plan.
(e)

Technical assistance
The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef emergency plan under subsection (a).
(f)

Adoption of coral reef emergency plans
A covered reef manager may adopt a coral reef emergency plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager’s applicable jurisdiction.
(g)

Public review
The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (f), shall be subject to public review and comment.
(h)

Publication
The Administrator shall publish each coral reef emergency plan prepared and submitted to the Task Force under this section on publicly available internet websites of—
(1)
the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and
(2)
the Task Force.
(i)

Plan in effect
A coral reef emergency plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.
210.

Coral reef emergency fund
(a)

Establishment of fund
There is established in the Treasury an interest-bearing fund to be known as the “Coral Reef Emergency Fund”, consisting of such amounts as are appropriated to the Fund.
(b)

Uses
Amounts in the Fund—
(1)
shall be available only for use by the Administrator to compensate covered coral reef mangers to implement a coral reef emergency plan in effect under sections 210 and 212; and
(2)
shall remain available until expended.
(c)

Acceptance of donations
(1)

In general
For purposes of carrying out this title, the Administrator may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services).
(2)

Deposits in fund
Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.
211.

Emergency assistance
(a)

Coral reef emergency declarations
(1)

Sua sponte declaration
(A)

In general
The Administrator may determine and declare a coral reef emergency, including at the recommendation of the Secretary of the Interior.
(B)

Requirements
In declaring a coral reef emergency under subparagraph (A), the Administrator shall—
(i)
certify that an emergency has occurred that is ecologically significant and harmful to coral reefs; and
(ii)
submit to the appropriate congressional committees findings and analysis to justify the declaration.
(2)

Petitions
If a covered State or non-Federal coral reef stewardship partnership believes that a coral reef emergency has occurred, and is impacting coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the State or partnership, the State or partnership may petition the Administrator for a declaration of a coral reef emergency.
(3)

Evaluation and action
(A)

In general
Not later than 30 days after receiving a petition under paragraph (2) (except as provided in subparagraph (B)), the Administrator shall—
(i)
evaluate the petition to determine whether a coral reef emergency has occurred; and
(ii)
declare a coral reef emergency or deny the petition.
(B)

Extension
The Administrator may extend the deadline provided for under subparagraph (A) by not more than 15 days.
(4)

Appeal
If the Administrator denies a petition for an emergency declaration submitted under paragraph (2), the State or partnership that submitted the petition may, not later than 15 days after receiving notice of the denial, appeal the denial to the Administrator. Not later than 15 days after receiving an appeal under this paragraph, the Administrator shall grant or deny the appeal.
(5)

Revocation
The Administrator may revoke any declaration of a coral reef emergency in whole or in part after determining that circumstances no longer require an emergency response.
(6)

Recovery of emergency funding
The Administrator may seek compensation from negligent parties to recover emergency funds expended in excess of $500,000 under this section as a result of an emergency declaration arising from direct impacts to coral reefs from man-made disasters or accidents.
(b)

Financial assistance authority
(1)

In general
Upon the declaration of a coral reef emergency under subsection (a), the Administrator shall provide grants to carry out proposals that meet the requirements of paragraph (2) to implement coral reef emergency plans in effect under section 209.
(2)

Requirements
A proposal for a grant under this subsection to implement a coral reef emergency plan in effect under section 209 shall include—
(A)
the name of the entity submitting the proposal;
(B)
a copy of the coral reef emergency plan;
(C)
a description of the qualifications of the individuals and entities who will implement the plan;
(D)
an estimate of the funds and time required to complete the implementation of the plan; and
(E)
any other information the Administrator considers to be necessary for evaluating the eligibility of the proposal for a grant under this subsection.
(3)

Review
Not later than 30 days after receiving a proposal for a grant under this subsection, the Administrator shall review the proposal and determine if the proposal meets the requirements of paragraph (2).
(4)

Concurrent review
An entity seeking a grant under this subsection may submit a proposal under paragraph (2) to the Administrator at any time following the submission of a petition for an emergency declaration under subsection (a)(2) that is applicable to coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the entity.
212.

Vessel grounding inventory
The Administrator, in coordination with the heads of other Federal agencies, shall establish and maintain an inventory of all vessel grounding incidents involving United States coral reefs, including a description of—
(1)
the impacts of each such incident to coral reefs and related natural resources;
(2)
vessel and ownership information relating to each such incident, if available;
(3)
the estimated cost of removal of the vessel, remediation, or restoration relating to each such incident;
(4)
the response actions taken by the owner of the vessel, the Administrator, the Commandant of the Coast Guard, or representatives of other Federal or State agencies;
(5)
the status of the response actions, including the dates of—
(A)
vessel removal;
(B)
remediation or restoration activities, including whether a coral reef emergency plan was implemented; and
(C)
any actions taken to prevent future grounding incidents; and
(6)
recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.
213.

Ruth D. Gates Coral Reef Conservation Grant Program
(a)

Grants
The Administrator shall establish a program (to be known as the “Ruth D. Gates Coral Reef Conservation Grant Program”) to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as “coral reef projects”) pursuant to proposals approved by the Administrator in accordance with this section.
(b)

Eligibility
(1)

In general
An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project.
(2)

Entities described
An entity described in this paragraph is—
(A)
a natural resource management authority of a State or local government or Tribal organization—
(i)
with responsibility for coral reef management; or
(ii)
the activities of which directly or indirectly affect coral reefs or coral reef ecosystems;
(B)
a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
(C)
a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 205;
(D)
a coral reef research center designated under section 215(c)(4); or
(E)
another nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs.
(c)

Project proposals
Each proposal for a grant under this section for a coral reef project shall include the following:
(1)
The name of the individual or entity responsible for conducting the project.
(2)
A description of the qualifications of the individual or entity.
(3)
A succinct statement of the purposes of the project.
(4)
An estimate of the funds and time required to complete the project.
(5)
Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted.
(6)
Information regarding the source and amount of matching funding available to the applicant.
(7)
A description of how the project meets one or more of the criteria under subsection (e)(2).
(8)
In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 205.
(9)
Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection.
(d)

Project review and approval
(1)

In general
The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (e).
(2)

Prioritization of conservation projects
The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (A) through (G) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.
(3)

Prioritization of restoration projects
The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (E) through (L) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.
(4)

Review; approval or disapproval
Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall—
(A)
request and consider written comments on the proposal from each Federal agency, State government, Tribal organization, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine National Monument, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally established priorities, unless such entities were directly involved in the development of the project proposal;
(B)
provide for the merit-based peer review of the proposal and require standardized documentation of that peer review;
(C)
after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and
(D)
provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer-reviews, to the entity that submitted the proposal, and each of those States, Tribal organizations, and other government jurisdictions that provided comments under subparagraph (A).
(e)

Criteria for approval
The Administrator may not approve a proposal for a coral reef project under this section unless the project—
(1)
is consistent with—
(A)
the national coral reef resilience strategy in effect under section 204A; and
(B)
any Federal or non-Federal coral reef action plans in effect under section 205 covering a coral reef or ecologically significant component of a coral reef to be affected by the project; and
(2)
will enhance the conservation and restoration of coral reefs by—
(A)
addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven, community-based planning and management initiatives for the protection of coral reef ecosystems;
(B)
improving compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems;
(C)
designing and implementing networks of real-time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development;
(D)
promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;
(E)
furthering the goals and objectives of coral reef action plans in effect under section 205 and coral reef emergency plans in effect under section 209;
(F)
mapping the location and distribution of coral reefs and potential coral reef habitat;
(G)
stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems;
(H)
implementing research to ensure the population viability of listed coral species in United States waters as detailed in the population-based recovery criteria included in species-specific recovery plans consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(I)
developing and implementing cost-effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge;
(J)
translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, and invasive species;
(K)
developing and maintaining in situ native coral propagation sites;
(L)
developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to—
(i)
conserve or augment genetic diversity of native coral populations;
(ii)
support captive breeding of rare coral species; or
(iii)
enhance resilience of native coral populations to increasing ocean temperatures, ocean acidification, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity; or
(M)
maintaining the structure and function of coral reefs, including the reef matrix itself.
(f)

Funding requirements
To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows:
(1)
Not less than 40 percent of funds available shall be awarded for projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States.
(2)
Not less than 40 percent of the funds available shall be awarded for projects in the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States.
(g)

Project reporting
Each entity receiving a grant under this section shall submit to the Administrator such reports at such times and containing such information for evaluating project performance as the Administrator may require.
(h)

Task force
The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section.
214.

Reports on administration
(a)

In general
Not later than 2 years after the date of the enactment of the America COMPETES Act of 2022, and every 2 years thereafter, the Administrator shall submit to the committees specified in subsection (b) a report on the administration of this title during the 2-year period preceding submission of the report, including—
(1)
a description of all activities undertaken to implement the most recent national coral reef resilience strategy under section 204A;
(2)
a statement of all funds obligated under the authorities of this title; and
(3)
a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under the authorities of this title.
(b)

Committees specified
The committees specified in this subsection are—
(1)
the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and
(2)
the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.
215.

Authority to enter into agreements
(a)

In general
The Administrator may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title.
(b)

Cooperative institutes
(1)

Designation
The Administrator shall designate 2 cooperative institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, to be known as the “Atlantic Coral Reef Institute” and the “Pacific Coral Reef Institute”.
(2)

Membership
Each institute established under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under paragraph (4) in the Atlantic and Pacific basins, respectively, and may contract with other coral reef research centers within the same basin to support each institute’s capacity and reach.
(3)

Functions
The institutes established under paragraph (1) shall—
(A)
conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the national coral reef resilience strategy in effect under section 204A;
(B)
support ecological research and monitoring to study the effects of conservation and restoration activities funded by this title on promoting more effective coral reef management and restoration; and
(C)
through agreements—
(i)
collaborate directly with governmental resource management agencies, coral reef stewardship partnerships, nonprofit organizations, and other coral reef research centers designated under paragraph (4);
(ii)
assist in the development and implementation of—
(I)
the national coral reef resilience strategy under section 204A;
(II)
coral reef action plans under section 205; and
(III)
coral reef emergency plans under section 209;
(iii)
build capacity within governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and
(iv)
conduct public education and awareness programs for policymakers, resource managers, and the general public on—
(I)
coral reefs and coral reef ecosystems;
(II)
best practices for coral reef ecosystem management and restoration;
(III)
the value of coral reefs; and
(IV)
the threats to the sustainability of coral reef ecosystems.
(4)

Coral reef research centers
(A)

In general
The Administrator shall periodically solicit applications and designate all qualifying institutions in a covered State as coral reef research centers.
(B)

Criteria
An institution qualifies for designation as a coral reef research center under subparagraph (A) if the Administrator determines that the institution—
(i)
is operated by an institution of higher education;
(ii)
has established management-driven national or regional coral reef research or restoration programs;
(iii)
has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, as well as other academic and nonprofit organizations; and
(iv)
maintains significant local community engagement and outreach programs related to coral reef ecosystems.
(c)

Use of resources of other agencies
The Administrator may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any agency or instrumentality of—
(1)
the United States;
(2)
any State or local government;
(3)
any Indian Tribe; or
(4)
any foreign government not subject to economic sanctions imposed by the United States.
216.

Coral reef prize competitions
(a)

In general
The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established by Executive Order No. 13089 (16 U.S.C. 6401 note; relating to coral reef protection), may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).
(b)

Purposes
Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.
(c)

Priority programs
Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including—
(1)
scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances;
(2)
the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;
(3)
the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;
(4)
the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and
(5)
the development of adaptation and management options for impacted tourism industries.
217.

Authorization of appropriations
(a)

In general
There is authorized to be appropriated to the Administrator $38,000,000 for each of fiscal years 2022 through 2026 to carry out this title, which shall remain available until expended.
(b)

Administration
Of the amounts authorized to be appropriated under subsection (a), not more than the lesser of $1,500,000 or 10 percent of such amounts is authorized to be appropriated for program administration or for overhead costs incurred by the National Oceanic and Atmospheric Administration or the Department of Commerce and assessed as an administrative charge.
(c)

Federally directed research and coral reef conservation program grants
From the amounts authorized to be appropriated under subsection (a), not less than $8,000,000 is authorized to be appropriated for each of fiscal years 2022 through 2026 to support purposes consistent with this title, of which—
(1)
not less than $3,500,000 is authorized to be appropriated for each such fiscal year for authorized activities under section 213; and
(2)
not less than $4,500,000 is authorized to be appropriated for each such fiscal year through cooperative agreements with the cooperative institutes designated under section 215(c).
(d)

Block grants and cooperative agreements
There is authorized to be appropriated to the Administrator, $15,000,000 for each of fiscal years 2022 through 2026, which shall remain available until expended, to carry out section 207.
218.

Definitions
In this title:
(1)

Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
(2)

Appropriate congressional committees
The term appropriate congressional committees means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.
(3)

Conservation
The term conservation means the use of methods and procedures necessary to preserve or sustain geographically appropriate corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including—
(A)
all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;
(B)
mapping;
(C)
scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
(D)
law enforcement;
(E)
conflict resolution initiatives;
(F)
community outreach and education; and
(G)
promotion of safe and ecologically sound navigation and anchoring.
(4)

Coral
The term coral means species of the phylum Cnidaria, including—
(A)
all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and
(B)
all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.
(5)

Coral products
The term coral products means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (4).
(6)

Coral reef
The term coral reef means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.
(7)

Coral reef ecosystem
The term coral reef ecosystem means—
(A)
corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and
(B)
the biotic and abiotic factors and processes that affect coral physiology, coral-algal symbiosis, and biodiversity in such habitat.
(8)

Coral reef ecosystem services
The term coral reef ecosystem services means the attributes and benefits provided by coral reef ecosystems including—
(A)
protection of coastal beaches, structures, and infrastructure;
(B)
habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value;
(C)
serving as centers for the promulgation, performance, and training of cultural practices representative of traditional ecological knowledge; and
(D)
aesthetic value.
(9)

Covered reef manager
(A)

In general
The term covered reef manager means a management unit of a Federal agency specified in subparagraph (B) with jurisdiction over a coral reef ecosystem, covered State, or coral reef stewardship partnership.
(B)

Federal agencies specified
A Federal agency specified in this subparagraph is one of the following:
(i)
The National Oceanic and Atmospheric Administration.
(ii)
The National Park Service.
(iii)
The United States Fish and Wildlife Service.
(iv)
The Office of Insular Affairs.
(10)

Covered State
The term covered State means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.
(11)

Indian tribe
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(12)

Institution of higher education
The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(13)

Interested stakeholder groups
The term interested stakeholder groups includes community members such as businesses, commercial and recreational fishermen, other recreationalists, Federal, State, Tribal, and local government units with related jurisdiction, institutions of higher education, and nongovernmental organizations.
(14)

Nonprofit organization
The term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
(15)

Restoration
The term restoration means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.
(16)

Resilience
The term resilience means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide coral reef ecosystem services as determined by clearly identifiable, measurable, and science-based standards.
(17)

State
The term State means—
(A)
any State of the United States that contains a coral reef ecosystem within its seaward boundaries;
(B)
American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or
(C)
any other territory of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.
(18)

Stewardship
The term stewardship, with respect to a coral reef, includes conservation, restoration, and public outreach and education.
(19)

Task force
The term Task Force means the United States Coral Reef Task Force established under section 70501 of the America COMPETES Act of 2022.
(20)

Tribal organization
The term Tribal organization has the meaning given the term tribal organization in section 3765 of title 38, United States Code.”.
(c)

Conforming amendment to National Oceans and Coastal Security Act
Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking “and coastal infrastructure” and inserting “, coastal infrastructure, and ecosystem services provided by natural systems such as coral reefs”.
70402.

Modification to section 204 of the Coral Reef Conservation Act of 2000
Section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403) is amended—
(1)
in subsection (a), by striking “this section” and inserting “section 213”; and
(2)
by striking subsections (c) through (j).
V

United States Coral Reef Task Force
70501.

Establishment
There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the “United States Coral Reef Task Force” (in this title referred to as the “Task Force”).
70502.

Duties
The duties of the Task Force shall be—
(1)
to coordinate, in cooperation with State, Tribal, and local government partners, coral reef research centers designated under section 215(c) of the Coral Reef Conservation Act of 2000 (as amended by this Act), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;
(2)
to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in—
(A)
Executive Order No. 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and
(B)
the national coral reef resilience strategy developed under section 204A of the Coral Reef Conservation Act of 2000, as amended by this Act;
(3)
to work with the Secretary of State and the Administrator of the United States Agency for International Development, and in coordination with the other members of the Task Force—
(A)
to assess the United States role in international trade and protection of coral species;
(B)
to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and
(C)
to collaborate with international communities successful in managing coral reefs;
(4)
to provide technical assistance for the development and implementation, as appropriate, of—
(A)
the national coral reef resilience strategy under section 204A of the Coral Reef Conservation Act of 2000, as amended by this Act;
(B)
coral reef action plans under section 205 of that Act; and
(C)
coral reef emergency plans under section 209 of that Act; and
(5)
to produce a report each year, for submission to the appropriate congressional committees and publication on a publicly available internet website of the Task Force, highlighting the status of the coral reef equities of a covered State on a rotating basis, including—
(A)
a summary of recent coral reef management and restoration activities undertaken in that State; and
(B)
updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef equities.
70503.

Membership
(a)

Voting membership
The Task Force shall have the following voting members:
(1)
The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force.
(2)
The Administrator of the United States Agency for International Development.
(3)
The Secretary of Agriculture.
(4)
The Secretary of Defense.
(5)
The Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works.
(6)
The Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency.
(7)
The Commandant of the Coast Guard.
(8)
The Attorney General.
(9)
The Secretary of State.
(10)
The Secretary of Transportation.
(11)
The Administrator of the Environmental Protection Agency.
(12)
The Ambassador of the United States Trade Representative.
(13)
The Administrator of the National Aeronautics and Space Administration.
(14)
The Director of the National Science Foundation.
(15)
The Governor, or a representative of the Governor, of each covered State.
(b)

Nonvoting members
The Task Force shall have the following nonvoting members:
(1)
A member appointed by the President of the Federated States of Micronesia.
(2)
A member appointed by the President of the Republic of the Marshall Islands.
(3)
A member appointed by the President of the Republic of Palau.
70504.

Responsibilities of Federal agency members
(a)

In general
A member of the Task Force specified in paragraphs (1) through (15) of section 70503(a) shall—
(1)
identify the actions of the agency that member represents that may affect coral reef ecosystems;
(2)
utilize the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;
(3)
collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and
(4)
engage in any other coordinated efforts approved by the Task Force.
(b)

Co-Chairs
In addition to their responsibilities under subsection (a), the co-chairs of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the members of the Task Force specified in paragraphs (1) through (15) of section 70503(a).
70505.

Working groups
(a)

In general
The co-chairs of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.
(b)

Requests from members
The members of the Task Force may request that the co-chairs establish a working group under subsection (a).
(c)

Participation by nongovernmental organizations
The co-chairs may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).
(d)

Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this section.
70506.

Definitions
In this title:
(1)

Appropriate congressional committees
The term appropriate congressional committees means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.
(2)

Conservation, coral, coral reef, etc
The terms conservation, coral, coral reef, coral reef ecosystem, covered State, restoration, resilience, and State have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by this Act.
VI

Department of the Interior coral reef authorities
70601.

Coral reef conservation and restoration assistance
(a)

In general
The Secretary of the Interior, in addition to activities authorized under section 203 of the Coral Reef Conservation Act of 2000, as amended by this Act, may provide scientific expertise, technical assistance, and financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including—
(1)
the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by this Act;
(2)
coral reef action plans in effect under section 205 of that Act, as applicable; and
(3)
coral reef emergency plans in effect under section 209 of that Act, as applicable.
(b)

Office of insular affairs coral reef initiative
The Secretary may establish within the Office of Insular Affairs a Coral Reef Initiative Program—
(1)
to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in—
(A)
insular areas of covered States; and
(B)
Freely Associated States;
(2)
to complement the other conservation and assistance activities conducted under this title; and
(3)
to provide other technical, scientific, and financial assistance and conduct conservation activities that advance the purpose of this title.
(c)

Consultation with the Department of Commerce
The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000, as amended by this Act.
(d)

Cooperative agreements
The Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that—
(1)
are consistent with the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by this Act; and
(2)
support and enhance the success of—
(A)
coral reef action plans in effect under section 205 of that Act; and
(B)
coral reef emergency plans in effect under section 209 of that Act.
(e)

Definitions
In this section, the terms conservation, coral reef, covered reef manager, covered State, restoration, and State have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by this Act.
(f)

Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this title for each of fiscal years 2022 to 2026, $4,000,000.
VII

Susan L. Williams National Coral Reef Management Fellowship
70701.

Definitions
In this title:
(1)

Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
(2)

Fellow
The term fellow means a National Coral Reef Management Fellow.
(3)

Fellowship
The term fellowship means the National Coral Reef Management Fellowship established in section 70702.
(4)

Indian tribe; tribal organization
The terms Indian Tribe and Tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
70702.

Establishment of fellowship program
(a)

In general
There is established a National Coral Reef Management Fellowship Program.
(b)

Purposes
The purposes of the fellowship are—
(1)
to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs;
(2)
to provide management agencies of States, Tribal organizations, and Freely Associated States with highly qualified candidates whose education and work experience meet the specific needs of each State, Indian Tribe, and Freely Associated State; and
(3)
to provide fellows with professional experience in management of coastal and coral reef resources.
70703.

Fellowship awards
(a)

In general
The Administrator, in coordination with the Secretary of the Interior, shall award the fellowship in accordance with this section.
(b)

Term of fellowship
A fellowship awarded under this section shall be for a term of not more than 24 months.
(c)

Qualifications
The Administrator, in coordination with the Secretary of the Interior, shall award the fellowship to individuals who have demonstrated—
(1)
an intent to pursue a career in marine services and outstanding potential for such a career;
(2)
leadership potential, actual leadership experience, or both;
(3)
a college or graduate degree in biological science, experience that correlates with aptitude and interest for marine management, or both;
(4)
proficient writing and speaking skills; and
(5)
such other attributes as the Administrator, in coordination with the Secretary of the Interior, consider appropriate.
70704.

Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this title for each of fiscal years 2022–2026, $1,500,000, to remain available until expended.
VIII

Buy American Seafood
70801.

Sense of Congress
It is the sense of Congress that—
(1)
American wild-caught seafood is integral to the Nation’s food supply and to American food security;
(2)
the seafood supply chain is often long and complex;
(3)
American caught and American-processed seafood especially from small-scale fishery operations, can be a sustainable healthy source of protein and micronutrients;
(4)
fresh, frozen, dried, and canned domestic seafood can be produced, processed, packaged, and transported in a manner that has a low carbon footprint;
(5)
marine species that are small, at lower trophic levels, and pelagic typically have the smallest carbon footprint; and
(6)
therefore, any executive agency that purchases seafood products should, to the extent practicable, buy local American-caught or American-harvested and American-processed seafood products from fisheries that are not overfished or experiencing overfishing, in order to support sustainable local seafood businesses, reduce greenhouse gas emissions associated with the seafood product supply chain, and reduce dependence on imported seafood products.
70802.

Caught in the USA
Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)(1)) is amended to read as follows:
“(1)
The Secretary shall make grants from the fund established under subsection (b) to—
(A)
assist persons in carrying out research and development projects addressed to any aspect of United States marine fisheries, including harvesting, processing, packaging, marketing, and associated infrastructures; or
(B)
assist persons to market and promote the consumption of—
(i)
local or domestic marine fishery products;
(ii)
environmentally and climate-friendly marine fishery products that minimize and employ efforts to avoid bycatch and impacts on marine mammals;
(iii)
invasive species; or
(iv)
well-managed but less known species.” .
IX

Insular Affairs
70901.

Ocean and Coastal Mapping Integration Act
Section 12204 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3503) is amended—
(1)
in paragraph (12) by striking “and”;
(2)
in paragraph (13) by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(14)
the study of insular areas and the effects of climate change.”.
X

Studies and Reports
71001.

Deep sea mining
Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of the environmental impacts of deep seabed mining, including—
(1)
characterization of deep seabed ecosystems;
(2)
assessment of potential impacts to deep seabed habitat and species from exploratory or extractive activities;
(3)
assessment of the potential impacts of sediment plumes from disturbance of the deep seabed on the pelagic food chain; and
(4)
approximate quantification of the greenhouse gas emissions associated with deep seabed mining, including emissions possibly from the release of greenhouse gases sequestered in the seabed.
71002.

National Academies assessment of oceanic blue carbon
Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of oceanic blue carbon, including—
(1)
the impacts of marine species decline on carbon sequestration potential in ocean ecosystems, an estimate of the global carbon dioxide mitigation potential of protecting or recovering populations of fish and marine mammals, and the ecological considerations of such conservation strategies;
(2)
an analysis of the geologic stores of carbon and deep sea storage of dissolved carbon in the deep seafloor environment, including current and potential natural long-term carbon storage, identification of gaps in scientific understanding, observations, and data regarding such geologic and deep sea carbon storage; and
(3)
the potential impacts to oceanic blue carbon storage by human activities including energy development activities, deep sea mining, deep sea carbon capture technology, and other disturbances to the sea floor and gas hydrate disruption atop the seabed.
71003.

National Academies assessment of oil spills and plastic ingestion on sea life
Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a comprehensive assessment of the environmental impacts of plastic ingestion and oil and other fossil fuel spills on sea life, including—
(1)
assessment of the potential health and ecological impacts of plastic ingestion on marine life;
(2)
assessment of the types of plastics most commonly ingested by marine life and the types that have the most damaging health and ecosystem impacts, and recommendations for preventing and eliminating these plastics from the environment;
(3)
quantification of the economic impacts of plastic pollution including the costs of cleanup, impacts on lost tourism, impacts on aquaculture and fishing, and other economic impacts identified by the Academy;
(4)
assessment and quantification of the health and ecological impacts oil and other fossil fuel spills, flares, pipeline leaks, and extraction, including greenhouse gas emissions, have on marine life;
(5)
quantification of the cost and effectiveness of cleaning up oil and other fossil fuel spills, flares, and pipeline leaks, and repairing damage to marine life, coasts, and businesses;
(6)
quantification of the number of people employed in fossil fuel extraction on Federal waters with breakdown by State;
(7)
quantification of the number of people employed in marine tourism and the blue economy, including the fishing and seafood industries, impacted by plastic, oil, and other fossil fuel pollution; and
(8)
assessment and quantification of riverine sources of coastal plastic pollution in the United States, including a breakdown by sources that includes but is not limited to the Mississippi River.
71004.

Offshore aquaculture
Not later than 24 months after the date of enactment of this Act, the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration shall enter into an agreement with the Board of Ocean Studies and Board Science, Technology, and Economic Policy of the National Academies of Sciences, Engineering, and Medicine to conduct a comprehensive assessment on the development of offshore aquaculture in the exclusive economic zone including—
(1)
assessment of the potential environmental impacts of offshore aquaculture operations, including an evaluation on the risks of siting, water pollution, habitat impact, escape of farmed species on wild population stocks, waste treatment and disposal, feed operations, and the cumulative risks of multiple aquaculture operations in shared ecosystems;
(2)
evaluation of the potential for offshore aquaculture to serve as a tool for environmental management, including connections to water quality, watershed management, and fishery conservation and management;
(3)
identification of existing control technologies, management practices and regulatory strategies to minimize the environmental impact of offshore aquaculture operations, including from traditional aquaculture methods and practices of Native Americans, Alaska Natives, and Native Hawaiians;
(4)
recommending best management practices related to sustainable feed for the offshore aquaculture industry, including best practices for sourcing from sustainably managed fisheries and traceability of source fish meal ingredients;
(5)
evaluation of the potential impact of offshore aquaculture on the economies of coastal communities, particularly those dependent on traditional fishery resources; and
(6)
assessment of the impacts of growing international offshore aquaculture operations on the United States seafood market and domestic seafood producers, including dependence of the United States on foreign-sourced seafood.
71005.

Expanding opportunities to increase the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (“STEM”) professionals in ocean research and development
(a)

In general
The Secretary of Commerce shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (“STEM”) professionals working in National Oceanic and Atmospheric Administration mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with minority-serving institutions, historically black colleges and universities, tribal colleges and universities, non-research universities, two-year technical degrees, and scientific societies.
(b)

Authorization of independent organization
The Secretary shall authorize a nonpartisan and independent 501(c)(3) organization to build the public-private partnerships necessary to achieve these priorities.
(c)

Definitions
In this section:
(1)

Minority-serving institution
The term “minority-serving institution” includes the entities described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(2)

Historically Black colleges and universities
The term “Historically Black Colleges and Universities” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(3)

Tribal colleges and universities
The term “Tribal College or University” has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
71006.

Study on effects of 6PPD-quinone
Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on the effects of 6PPD-quinone on salmonids, aquatic species, and watersheds, including an economic analysis of declining salmon populations in the United States and the effect of such declining populations have on importation of salmon from other countries.
XI

Miscellaneous
71101.

Law enforcement attache deployment
(a)

In general
Beginning in fiscal year 2022, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Secretary of State, shall require the Chief of Law Enforcement of the United States Fish and Wildlife Service to hire, train, and deploy not fewer than 50 new United States Fish and Wildlife Service law enforcement attaches, and appropriate additional support staff, at one or more United States embassies, consulates, commands, or other facilities—
(1)
in one or more countries designated as a focus country or a country of concern in the most recent report submitted under section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621); and
(2)
in such additional countries or regions, as determined by the Secretary of Interior, that are known or suspected to be a source of illegal trade of species listed—
(A)
as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(B)
under appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249).
(b)

Funding
There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2022 through 2031.
71102.

Lacey Act amendments
(a)

In general
Section 42 of title 18, United States Code, is amended—
(1)
in subsection (a)(1)—
(A)
by inserting “or any interstate transport within the United States,” after “or any possession of the United States,” the first place it appears;
(B)
by inserting after the first sentence the following: “Notwithstanding any other provision of law, the Secretary of the Interior may prescribe by regulation an emergency designation prohibiting the importation of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, as injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, for not more than 3 years, under this subsection, if the Secretary of the Interior determines that such regulation is necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States. An emergency designation prescribed under this subsection shall take effect immediately upon publication in the Federal Register, unless the Secretary of the Interior prescribes an effective date that is not later than 60 days after the date of publication. During the period during which an emergency designation prescribed under this subsection for a species is in effect, the Secretary of the Interior shall evaluate whether the species should be designated as an injurious wildlife species under the first sentence of this paragraph.”; and
(C)
in subsection (b), inserting “knowingly” before “violates”; and
(2)
by adding at the end the following:
“(d)

Presumptive prohibition on importation
(1)

In general
Importation into the United States of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, that is not native to the United States and, as of the date of enactment of the America COMPETES Act of 2022, is not prohibited under subsection (a)(1), is prohibited, unless—
(A)
during the 1-year period preceding the date of enactment of the America COMPETES Act of 2022, the species was, in more than minimal quantities—
(i)
imported into the United States; or
(ii)
transported between the States, any territory of the United States, the District of Columbia, Puerto Rico, or any territory of the United States; or
(B)
the Secretary of the Interior determines, after an opportunity for public comment, that the species does not pose a significant risk of invasiveness to the United States and publishes a notice in the Federal Register of the determination.
(2)

Rule of construction
Nothing in paragraph (1) shall be construed to limit the authority of the Secretary of the Interior under subsection (a)(1).”.
(b)

Conforming amendments
Section 42(a) of title 18, United States Code, is amended—
(1)
in paragraph (2), by inserting “and subsection (d)” after “this subsection”;
(2)
in paragraph (3)—
(A)
by striking “the foregoing” and inserting “paragraph (1) or subsection (d)”; and
(B)
by striking “this Act” each place the term appears and inserting “this section”;
(3)
in paragraph (4), by inserting “or subsection (d)” after “this subsection”; and
(4)
in paragraph (5)—
(A)
by inserting “and subsection (d)” after “this subsection”; and
(B)
by striking “hereunder” and inserting “under such provisions”.
(c)

Regulations; effective date
(1)

Regulations
Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to define the term minimal quantities for purposes of subsection (d)(1)(A) of section 42 of title 18, United States Code, as added by subsection (a)(2).
(2)

Effective date
Subsection (d) of section 42 of title 18, United States Code, as added by subsection (a)(2), shall take effect on the date that is 1 year after the date of enactment of this Act.
71103.

Shark fin sales elimination
(a)

Prohibition on sale of shark fins
(1)

Prohibition
Except as provided in subsection (c), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase shark fins or products containing shark fins.
(2)

Penalty
A violation of paragraph (1) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and shall be penalized pursuant to section 308 of that Act (16 U.S.C. 1858).
(b)

Exceptions
A person may possess a shark fin that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark fin was separated after the first point of landing in a manner consistent with the license or permit and is—
(1)
destroyed or disposed of immediately upon separation from the carcass;
(2)
used for noncommercial subsistence purposes in accordance with State or territorial law; or
(3)
used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research.
(c)

Dogfish
(1)

In general
It shall not be a violation of subsection (b) for any person to possess, acquire, receive, transport, offer for sale, sell, or purchase any fresh or frozen unprocessed fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish).
(2)

Report
By not later than January 1, 2027, the Secretary of Commerce shall review the exemption contained in paragraph (1) and shall prepare and submit to Congress a report that includes a recommendation on whether the exemption contained in paragraph (1) should continue or be terminated. In preparing such report and making such recommendation, the Secretary shall analyze factors including—
(A)
the economic viability of dogfish fisheries with and without the continuation of the exemption;
(B)
the impact to ocean ecosystems of continuing or terminating the exemption;
(C)
the impact on enforcement of the ban contained in subsection (b) caused by the exemption; and
(D)
the impact of the exemption on shark conservation.
(d)

Definition of shark fin
In this section, the term shark fin means—
(1)
the unprocessed or dried or otherwise processed detached fin of a shark; or
(2)
the unprocessed or dried or otherwise processed detached tail of a shark.
(e)

Enforcement
The provisions of this section, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce. The Secretary may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of any other Federal agency or any State agency or Indian Tribe for purposes of enforcing this section.
(f)

State authority
Nothing in this section may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this section.
(g)

Severability
If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
71104.

Offshore wind energy deployment
The Secretary of the Interior, the Secretary of Energy, the Secretary of Defense, the Secretary of Commerce, and all other Federal agencies the Secretary of the Interior determines are necessary in the authorization of offshore wind energy projects shall collectively seek to deploy 30 gigawatts of offshore wind energy on the Outer Continental Shelf of the United States by 2030, while protecting the biodiversity of the ocean and promoting ocean co-use.
71105.

Shovel-ready restoration grants for coastlines and fisheries
(a)

Establishment
The Administrator shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d).
(b)

Project proposal
To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Administrator in a time, place, and manner determined by the Administrator. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project.
(c)

Development of criteria
The Administrator shall select eligible entities to receive grants under this section based on criteria developed by the Administrator, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management.
(d)

Eligible projects
A proposal is eligible for a grant under this section if—
(1)
the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including—
(A)
restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B)
through the removal or remediation of marine debris, including derelict vessels and abandoned, lost, and discarded fishing gear, in coastal and marine habitats; or
(C)
for the benefit of—
(i)
shellfish;
(ii)
fish, including diadromous fish;
(iii)
coral reef systems;
(iv)
marine wildlife; or
(v)
blue carbon ecosystems such as coastal wetlands, beaches, dunes, marshes, coastal forests, oyster beds, kelp forests, and submerged aquatic vegetation; or
(2)
provides adaptation to climate change, including sequestering and storing carbon or by constructing, restoring, or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding.
(e)

Priority
In determining which projects to fund under this section, the Administrator shall give priority to a proposed project—
(1)
that would stimulate the economy;
(2)
for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of award;
(3)
for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID–19 pandemic or pay a fisherman for the use of a fishing vessel;
(4)
for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or
(5)
that includes communities that may not have adequate resources including low income communities, communities of color, Tribal communities, Indigenous communities, and rural communities.
(f)

Authorization of appropriations
There is authorized to be appropriated to the Administrator $10,000,000,000 for fiscal year 2022 to carry out this section, to remain available until expended.
(g)

Definitions
In this section, the following definitions apply:
(1)

Administrator
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2)

Eligible entity
The term eligible entity means a nonprofit, a for-profit business, an institution of higher education, or a State, local, Tribal, or Territorial government.
(3)

Fishermen
The term fishermen means commercial or for-hire fishermen or oyster farmers.
71106.

Leasing on the Outer Continental Shelf
(a)

Leasing authorized
The Secretary of the Interior is authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the areas withdrawn by the Presidential Memorandum entitled “Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 8, 2020) and the Presidential Memorandum entitled “Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 25, 2020).
(b)

Withdrawals
Any Presidential withdrawal of an area of the Outer Continental Shelf from leasing under section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) issued after the date of enactment of this section shall apply only to leasing authorized under subsections (a) and (i) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a) and 1337(i)), unless otherwise specified.
71107.

Tropical Forest and Coral Reef Conservation Reauthorization
Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new paragraphs:
“(9)
$20,000,000 for fiscal year 2022.
(10)
$20,000,000 for fiscal year 2023.
(11)
$20,000,000 for fiscal year 2024.
(12)
$20,000,000 for fiscal year 2025.
(13)
$20,000,000 for fiscal year 2026.”.
71108.

Prohibition on Sale of American Mink
(a)

Prohibition
No person may possess, acquire, receive, transport, offer for sale, sell, or purchase any American mink (Neovison vison) raised in captivity for fur production.
(b)

Penalty
A violation of subsection (a) shall be treated as an act prohibited by section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) and is subject to penalty pursuant to section 4 of that Act (16 U.S.C. 3373).
(c)

Effective date
This section shall take effect on December 31, 2022.
XII

Bolstering Long-term understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries
71201.

Purpose
The purpose of this title is to promote and support—
(1)
the monitoring, understanding, and exploration of the Great Lakes, oceans, bays, estuaries, and coasts; and
(2)
the collection, analysis, synthesis, and sharing of data related to the Great Lakes, oceans, bays, estuaries, and coasts to facilitate science and operational decision making.
71202.

Sense of Congress
It is the sense of Congress that—
(1)
agencies should optimize data collection, management, and dissemination, to the extent practicable, to maximize their impact for research, commercial, regulatory, and educational benefits and to foster innovation, scientific discoveries, the development of commercial products, and the development of sound policy with respect to the Great Lakes, oceans, bays, estuaries, and coasts;
(2)
agencies should consider current and future needs relating to supercomputing capacity, data storage capacity, and public access, address gaps in those areas, and coordinate across agencies as needed;
(3)
the United States is a leading member of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, a founding member of the Atlantic Ocean Research Alliance, and a key partner in developing the United Nations Decade of Ocean Science for Sustainable Development;
(4)
the Integrated Ocean Observing System and the Global Ocean Observing System are key assets and networks that bolster understanding of the marine environment;
(5)
the National Oceanographic Partnership Program is a meaningful venue for collaboration and coordination among Federal agencies, scientists, and ocean users;
(6)
the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration should be looked to by other Federal agencies as a primary, centralized repository for Federal ocean data;
(7)
the Marine Cadastre, a joint effort of the National Oceanic and Atmospheric Administration and the Bureau of Ocean Energy Management, provides access to data and information for specific issues and activities in ocean resources management to meet the needs of offshore energy and planning efforts;
(8)
the regional associations of the Integrated Ocean Observing System, certified by the National Oceanic and Atmospheric Administration for the quality and reliability of their data, are important sources of observation information for the Great Lakes, oceans, bays, estuaries, and coasts; and
(9)
the Regional Ocean Partnerships and regional data portals, which provide publicly available tools such as maps, data, and other information to inform decisions and enhance marine development, should be supported by and viewed as collaborators with Federal agencies and ocean users.
71203.

Definition of Administrator
In this title, the term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration.
71204.

Increased coordination among agencies with respect to data and monitoring
(a)

Interagency Ocean Observation Committee
In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with the associated advisory committee authorized by section 12304(d) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)), the Interagency Ocean Observation Committee shall—
(1)
work with international coordinating bodies, as necessary, to ensure robust, direct measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including oceanographic data; and
(2)
support cross-agency and multi-platform synergy, by coordinating overlapping data collection by satellites, buoys, submarines, gliders, vessels, and other data collection vehicles and technologies.
(b)

Federal Geographic Data Committee
In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with the National Geospatial Advisory Committee, the Federal Geographic Data Committee shall—
(1)
work with international coordinating bodies, as necessary, to ensure robust, continuous measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including satellite and geospatial data; and
(2)
support new and old data and metadata certification, quality assurance, quality control, integration, and archiving.
(c)

Interagency Committee on Ocean and Coastal Mapping
In addition to its responsibilities as of the date of the enactment of this Act, and in consultation with its associated advisory panel authorized by section 12203(g) of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3502(g)), the Interagency Committee on Ocean and Coastal Mapping shall—
(1)
work with international coordinating bodies, as necessary, to ensure robust, continuous satellite and direct measurements of the Great Lakes, oceans, bays, estuaries, and coasts, including bathymetric data; and
(2)
make recommendations on how to make data, metadata, and model output accessible to a broader public audience, including through geographic information system layers, graphics, and other visuals.
71205.

Technology innovation to combat illegal, unreported, and unregulated fishing
(a)

Definitions
Section 3532 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8001) is amended—
(1)
by redesignating paragraphs (6) through (13) as paragraphs (7) through (14), respectively; and
(2)
by inserting after paragraph (5) the following:
“(6)

Innovative technologies
The term innovative technologies includes the following:
(A)
Improved satellite imagery and tracking.
(B)
Advanced electronic monitoring equipment.
(C)
Vessel location data.
(D)
Improved genetic, molecular, or other biological methods of tracking sources of seafood.
(E)
Electronic catch documentation and traceability.
(F)
Such other technologies as the Administrator of the National Oceanic and Atmospheric Administration considers appropriate.” .
(b)

Technology programs
Section 3546 of the Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8016) is amended—
(1)
in paragraph (3), by striking “and” after the semicolon;
(2)
in paragraph (4), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(5)
coordinating the application of existing innovative technologies and the development of emerging innovative technologies.”.
71206.

Workforce study
(a)

In general
Section 303(a) of the America COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended—
(1)
in the matter preceding paragraph (1), by striking “Secretary of Commerce” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”;
(2)
in paragraph (2), by inserting “, skillsets, or credentials” after “degrees”;
(3)
in paragraph (3), by inserting “or highly qualified technical professionals and tradespeople” after “atmospheric scientists”;
(4)
in paragraph (4), by inserting “, skillsets, or credentials” after “degrees”;
(5)
in paragraph (5)—
(A)
by striking “scientist”; and
(B)
by striking “; and” and inserting “, observations, and monitoring;”
(6)
in paragraph (6), by striking “into Federal” and all that follows and inserting “, technical professionals, and tradespeople into Federal career positions;”
(7)
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
(8)
by inserting after paragraph (1) the following:
“(2)
whether there is a shortage in the number of individuals with technical or trade-based skillsets or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations;”; and
(9)
by adding at the end the following:
“(8)
workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and
(9)
actions the Federal Government can take to shorten the hiring backlog for such workforce.”.
(b)

Coordination
Section 303(b) of such Act (33 U.S.C. 893c(b)) is amended by striking “Secretary of Commerce” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”.
(c)

Report
Section 303(c) of such Act (33 U.S.C. 893c(c)) is amended—
(1)
by striking “the date of enactment of this Act” and inserting “the date of the enactment of the America COMPETES Act of 2022”;
(2)
by striking “Secretary of Commerce” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”; and
(3)
by striking “to each committee” and all that follows through “section 302 of this Act” and inserting “to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives”.
(d)

Program and plan
Section 303(d) of such Act (33 U.S.C. 893c(d)) is amended—
(1)
by striking “Administrator of the National Oceanic and Atmospheric Administration” and inserting “Under Secretary of Commerce for Oceans and Atmosphere”; and
(2)
by striking “academic partners” and all that follows and inserting “academic partners.”.
71207.

Accelerating innovation at Cooperative Institutes
(a)

Focus on emerging technologies
The Administrator shall ensure that the goals of the Cooperative Institutes of the National Oceanic and Atmospheric Administration include focusing on advancing or applying emerging technologies, which may include—
(1)
applied uses and development of real-time and other advanced genetic technologies and applications, including such technologies and applications that derive genetic material directly from environmental samples without any obvious signs of biological source material;
(2)
deployment of, and improvements to, the durability, maintenance, and other lifecycle concerns of advanced unmanned vehicles, regional small research vessels, and other research vessels that support and launch unmanned vehicles and sensors; and
(3)
supercomputing and big data management, including data collected through electronic monitoring and remote sensing.
(b)

Data sharing
Each Cooperative Institute shall ensure that data collected from the work of the institute, other than classified, confidential, or proprietary data, are archived and made publicly accessible.
(c)

Coordination with other programs
The Cooperative Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing System, and other ocean observing programs to coordinate technology needs and the transition of new technologies from research to operations.
71208.

Ocean Innovation Prize and prioritization
(a)

Ocean Innovative Prizes
Not later than 4 years after the date of the enactment of this Act, and under the authority provided by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Administrator, in consultation with the heads of relevant Federal agencies, including the Secretary of Defense, and in conjunction with nongovernmental partners, as appropriate and at the discretion of the Administrator, shall establish at least one Ocean Innovation Prize to catalyze the rapid development and deployment of data collection and monitoring technology related to the Great Lakes, oceans, bays, estuaries, and coasts in at least one of the areas specified in subsection (b).
(b)

Areas
The areas specified in this subsection are the following:
(1)
Improved eDNA analytics and deployment with autonomous vehicles.
(2)
Plastic pollution detection, quantification, and mitigation, including with respect to used fishing gear and tracking technologies to reduce or eliminate bycatch.
(3)
Advanced satellite data and other advanced technology for improving scientific assessment.
(4)
New stock assessment methods using satellite data or other advanced technologies.
(5)
Advanced electronic fisheries monitoring equipment and data analysis tools, including improved fish species recognition software, confidential data management, data analysis and visualization, and storage of electronic reports, imagery, location information, and other data.
(6)
Autonomous and other advanced surface vehicles, underwater vehicles, or airborne platforms for data collection and monitoring.
(7)
Artificial intelligence and machine learning applications for data collection and monitoring related to the Great Lakes, oceans, bays, estuaries, and coasts.
(8)
Coral reef ecosystem monitoring.
(9)
Electronic equipment, chemical or biological sensors, data analysis tools, and platforms to identify and fill gaps in robust and shared continuous data related to the Great Lakes, oceans, bays, estuaries, and coasts to inform global earth system models.
(10)
Means for protecting aquatic life from injury or other ill effects caused, in whole or in part, by monitoring or exploration activities.
(11)
Discovery and dissemination of data related to the Great Lakes, oceans, bays, estuaries, and coasts.
(12)
Water quality monitoring, including improved detection and prediction of harmful algal blooms and pollution.
(13)
Enhancing blue carbon sequestration and other ocean acidification mitigation opportunities.
(14)
Such other areas as may be identified by the Administrator.
(c)

Prioritization of proposals
In selecting recipients of Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) solicitations and interagency grants for ocean innovation, including the National Oceanographic Partnership Program, the Administrator shall prioritize proposals for fiscal years 2023 and 2024 that address at least one of the areas specified in subsection (b).
71209.

Reauthorization of NOAA programs
Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended—
(1)
in paragraph (1), by striking “$70,814,000 for each of fiscal years 2019 through 2023” and inserting “$71,000,000 for each of fiscal years 2023 through 2026”;
(2)
in paragraph (2), by striking “$25,000,000 for each of fiscal years 2019 through 2023” and inserting “$34,000,000 for each of fiscal years 2023 through 2026”;
(3)
in paragraph (3), by striking “$29,932,000 for each of fiscal years 2019 through 2023” and inserting “$38,000,000 for each of fiscal years 2023 through 2026”;
(4)
in paragraph (4), by striking “$26,800,000 for each of fiscal years 2019 through 2023” and inserting “$45,000,000 for each of fiscal years 2023 through 2026”; and
(5)
in paragraph (5), by striking “$30,564,000 for each of fiscal years 2019 through 2023” and inserting “$35,000,000 for each of fiscal years 2023 through 2026”.
71210.

Blue Economy valuation
(a)

Measurement of blue economy industries
The Administrator, the Director of the Bureau of Economic Analysis, the Commissioner of the Bureau of Labor Statistics, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall prioritize the collection, aggregation, and analysis of data to measure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including living resources, marine construction, marine transportation, offshore mineral extraction, ship and boat building, tourism, recreation, subsistence, and such other industries the Administrator considers appropriate (known as “Blue Economy” industries).
(b)

Collaboration
In carrying out subsection (a), the Administrator shall—
(1)
work with the Director of the Bureau of Economic Analysis and the heads of other relevant Federal agencies to develop a Coastal and Ocean Economy Satellite Account that includes national and State-level statistics to measure the contribution of the Great Lakes, oceans, bays, estuaries, and coasts to the overall economy of the United States; and
(2)
collaborate with national and international organizations and governments to promote consistency of methods, measurements, and definitions to ensure comparability of results between countries.
(c)

Report
Not less frequently than once every 2 years, the Administrator, in consultation with the Director of the Bureau of Economic Analysis, the Commissioner of the Bureau of Labor Statistics, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall publish a report that—
(1)
defines the Blue Economy, in coordination with Tribal governments, academia, industry, nongovernmental organizations, and other relevant experts;
(2)
makes recommendations for updating North American Industry Classification System (NAICS) reporting codes to reflect the Blue Economy; and
(3)
provides a comprehensive estimate of the value and impact of the Blue Economy with respect to each State and territory of the United States, including—
(A)
the value and impact of—
(i)
economic activities that are dependent upon the resources of the Great Lakes, oceans, bays, estuaries, and coasts;
(ii)
the population and demographic characteristics of the population along the coasts;
(iii)
port and shoreline infrastructure;
(iv)
the volume and value of cargo shipped by sea or across the Great Lakes; and
(v)
data collected from the Great Lakes, oceans, bays, estuaries, and coasts, including such data collected by businesses that purchase and commodify the data, including weather prediction and seasonal agricultural forecasting; and
(B)
to the extent possible, the qualified value and impact of the natural capital of the Great Lakes, oceans, bays, estuaries, and coasts with respect to tourism, recreation, natural resources, and cultural heritage, including other indirect values.
71211.

Advanced Research Projects Agency–Oceans
(a)

Agreement
Not later than 45 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct the comprehensive assessment under subsection (b).
(b)

Comprehensive assessment
(1)

In general
Under an agreement between the Administrator and the National Academy of Sciences under this section, the National Academy of Sciences shall conduct a comprehensive assessment of the need for and feasibility of establishing an Advanced Research Projects Agency–Oceans (ARPA–O) that operates in coordination with and with nonduplication of existing Federal oceanic research programs, including programs of the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration.
(2)

Elements
The comprehensive assessment carried out pursuant to paragraph (1) shall include—
(A)
an assessment of how an ARPA–O could help overcome the long-term and high-risk technological barriers in the development of ocean technologies, with the goal of enhancing the economic, ecological, and national security of the United States through the rapid development of technologies that result in—
(i)
improved data collection, monitoring, and prediction of the ocean environment, including sea ice conditions;
(ii)
overcoming barriers to the application of new and improved technologies, such as high costs and scale of operational missions;
(iii)
improved management practices for protecting ecological sustainability;
(iv)
improved national security capacity;
(v)
improved technology for fishery population assessments;
(vi)
expedited processes between and among Federal agencies to successfully identify, transition, and coordinate research and development output to operations, applications, commercialization, and other uses; and
(vii)
ensuring that the United States maintains a technological lead in developing and deploying advanced ocean technologies;
(B)
an evaluation of the organizational structures under which an ARPA–O could be organized, which takes into account—
(i)
best practices for new research programs;
(ii)
consolidation and reorganization of existing Federal oceanic programs to effectuate coordination and nonduplication of such programs;
(iii)
metrics and approaches for periodic program evaluation;
(iv)
capacity to fund and manage external research awards; and
(v)
options for oversight of the activity through a Federal agency, an interagency organization, nongovernmental organization, or other institutional arrangement; and
(C)
an estimation of the scale of investment necessary to pursue high priority ocean technology projects.
(c)

Report
Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the comprehensive assessment conducted under subsection (b).
XIII

Climate change education
71301.

Findings
Congress makes the following findings:
(1)
The evidence for human-induced climate change is overwhelming and undeniable.
(2)
Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation.
(3)
Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action.
(4)
Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment.
(5)
Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures.
(6)
More than 3,000,000 students graduate from high schools and colleges in the United States each year, armed with attitudes, skills, and knowledge about the climate that inform their actions.
(7)
The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime.
(8)
Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate.
(9)
It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States.
(10)
Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change.
71302.

Definitions
In this title:
(1)

Administrator
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2)

Climate change education
The term climate change education means nonformal and formal interdisciplinary learning at all age levels about—
(A)
climate change, climate adaptation and mitigation, climate resilience, and climate justice; and
(B)
the effects of climate change, climate adaptation and mitigation, climate resilience, and climate justice on the environmental, energy, social, and economic systems of the United States.
(3)

Climate literacy
The term climate literacy means competence or knowledge of climate change, its causes and impacts, and the technical, scientific, economic, and social dynamics of promising solutions.
(4)

Climate justice
The term climate justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change.
(5)

Environmental justice
The term environmental justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys—
(A)
the same degree of protection from environmental and health hazards; and
(B)
equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate.
(6)

Environmental justice community
The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities.
(7)

Green economy
The term green economy means an economy that results in improved human and economic well-being and social equity by significantly reducing environmental risks and ecological scarcities.
(8)

Institution of higher education
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).
(9)

Local educational agency; State educational agency
The terms local educational agency and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(10)

Nonformal
The term nonformal means, with respect to learning, out-of-school educational programming carried out by nonprofit organizations and public agencies.
(11)

Nonprofit organization
The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.
71303.

Climate Change Education Program
The Administrator shall establish a Climate Change Education Program to—
(1)
increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences, disproportionate impacts of those consequences, and potential solutions;
(2)
apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and nonformal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and
(3)
emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, climate resilience, climate justice, and environmental justice.
71304.

Grant program
(a)

In general
As part of the Climate Change Education Program established under section 71303, the Administrator shall establish a program to make grants to the following:
(1)
State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the implementation of aspects of State climate literacy plans for grades 4 through 12 formal and informal climate change education that—
(A)
are aligned with State education standards;
(B)
ensure that students graduate from high school with climate literacy; and
(C)
include at least 1 of the following:
(i)
Relevant teacher training and professional development.
(ii)
Creation of applied learning project-based models, such as models making optimum use of green features improvements to school facilities, such as energy systems, lighting systems, water management, waste management, and school grounds improvements.
(iii)
Incorporation of climate change mitigation and green technologies into new and existing career and technical education career tracks and work-based learning experiences, including development of partnerships with labor organizations, trade organizations, and apprenticeship programs.
(2)
Institutions of higher education and networks or partnerships of such institutions to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with priority given to projects that—
(A)
foster long-term campus-community partnerships;
(B)
show potential to scale work beyond the grant term;
(C)
are inclusive for all segments of the population; and
(D)
promote equitable and just outcomes.
(3)
Professional associations and academic disciplinary societies for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields.
(4)
Youth corps organizations to engage in community-based climate mitigation and adaptation work that includes a substantive educational component.
(b)

Consultation
The Administrator shall annually consult with other relevant agencies of the Federal Government to determine ways in which grant making under subsection (a) can enhance and support other national climate education and training and environmental justice goals.
(c)

Environmental justice communities
The Administrator shall ensure that 40 percent of all funds appropriated for grants under paragraphs (2) and (4) of subsection (a) are directed into environmental justice communities.
(d)

Communities of practice
The Administrator shall establish communities of practice with respect to each of paragraphs (1) through (4) of subsection (a) in order to accelerate learning.
71305.

Report
Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this title.
71306.

Authorization of appropriations
(a)

In general
There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title $50,000,000 for each of fiscal years 2022 through 2027.
(b)

Allocation of amounts for grant program
(1)

In general
Amounts appropriated to carry out the grant program required by section 71304(a) shall be allocated as follows:
(A)
Not less than 40 percent and not more than 60 percent for grants made under paragraph (1) of such section.
(B)
Not less than 20 percent and not more than 40 percent for grants made under paragraph (2) of such section.
(C)
Not less than 5 percent and not more than 20 percent for grants made under paragraph (3) of such section.
(D)
Not less than 5 percent and not more than 20 percent for grants made under paragraph (4) of such section.
(E)
Such amount as the Administrator determines appropriate for the administration of this title.
(2)

Exception
If amounts appropriated to carry out the grant program required by section 71304(a) do not exceed $10,000,000 in any fiscal year, the National Oceanic and Atmospheric Administration may prioritize grants made under subparagraphs (A) and (B) of paragraph (1) of section 71304(a).
XIV

Office of Education Technology to support the Bureau of Indian Education
71401.

Updating Bureau of Indian Affairs programs
Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2021 et seq.) is amended by striking “Office of Indian Education Programs” each place it appears (in any font) and inserting “Bureau of Indian Education” (in the corresponding font).
71402.

Establishment for the Office of Education Technology to support the Bureau of Indian Education
Section 1133 of the Education Amendments of 1978 (25 U.S.C. 2013) is amended by adding at the end the following:
“(c)

Bureau of Indian Education Office of Education Technology
(1)

Establishment
(A)

In general
Not later than 24 months after the date of the enactment of this subsection, the Secretary shall establish the Office of Education Technology under the Assistant Secretary for Indian Affairs to be administered by the Deputy Assistant Secretary of Indian Affairs (Management).
(B)

Capacity and Coordination
Not later than 36 months after the date of the enactment of this subsection, the Office of the Assistant Secretary of Indian Affairs shall coordinate with the Bureau of Indian Education Director to ensure consistent and timely coordination for the Office of Education Technology to be at full capacity.
(C)

Transfer
Not later than 37 months after the date of the enactment of this subsection, the Deputy Assistant Secretary of Indian Affairs (Management), the Secretary (in consultation with the Chief Information Officer for the Department of the Interior), the Assistant Secretary for Indian Affairs, and the Director of the Bureau of Indian Education shall transfer the Office of Educational Technology to the Bureau of Indian Education.
(2)

Purpose
The Office of Education Technology shall ensure that the Bureau of Indian Education has the necessary education technology support to improve educational outcomes.
(3)

Duties
The Office of Education Technology shall—
(A)
manage the procurement, distribution, and updates for information technology and related equipment;
(B)
plan, coordinate, and implement policies related to information technology and related equipment;
(C)
provide technical assistance for the agency school boards, Bureau of Indian Education Funded Schools, and early childhood services; and
(D)
coordinate education technology programs and activities for the Bureau of Indian Education.
(d)

Implementation of education technology modernization systems
(1)

Needs assessment
Not later than 2 years after the date of the enactment of this subsection, the Office of the Assistant Secretary for Indian Affairs and the Bureau of Indian Education shall complete a needs assessment of education technology for Bureau of Indian Education Funded Schools.
(2)

Implementation
Not later than 3 years after the date of the enactment of this subsection, the Secretary shall complete the implementation of a long-term modernization plan and report progress updates for Bureau of Indian Education Funded Schools.
(e)

Reporting
Not later than 3 years after the date of the enactment of this subsection, and each fiscal year thereafter, the Secretary shall submit to the Committee on Natural Resources and Committee on Education and Labor of the House of Representatives and the Committee on Indian Affairs of the Senate, a report that contains—
(1)
a yearly evaluation of the implementation of this Act, including a description of the progress of the Office of Information Technology in carrying out the activities described in subsection (c)(3); and
(2)
such other information the Director of the Bureau of Indian Education, in coordination with the Assistant Secretary for Indian Affairs deems necessary.
(f)

Definitions
In this section:
(1)

Bureau of Indian Education Funded Schools
The term Bureau of Indian Education Funded Schools means Bureau of Indian Education operated schools, schools operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), and schools operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
(2)

Office of Education Technology
The term Office of Education Technology means the Office of Education Technology supporting the Bureau of Indian Education established under this subsection.”.
XV

Public Land Renewable Energy Development Act
71501.

Definitions
In this title:
(1)

Covered land
The term covered land means land that is—
(A)
Federal lands administered by the Secretary; and
(B)
not excluded from the development of geothermal, solar, or wind energy under—
(i)
a land use plan; or
(ii)
other Federal law.
(2)

Exclusion area
The term exclusion area means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects.
(3)

Federal land
The term Federal land means—
(A)
public lands; and
(B)
lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(4)

Fund
The term Fund means the Renewable Energy Resource Conservation Fund established by section 71504(c)(1).
(5)

Land use plan
The term land use plan means—
(A)
in regard to Federal land, a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B)
in regard to National Forest System lands, a land management plan approved, amended, or revised under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(6)

Priority area
The term priority area means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).
(7)

Public lands
The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(8)

Renewable energy project
The term renewable energy project means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy.
(9)

Secretary
The term Secretary means the Secretary of the Interior.
(10)

Variance area
The term variance area means covered land that is—
(A)
not an exclusion area;
(B)
not a priority area; and
(C)
identified by the Secretary as potentially available for renewable energy development and could be approved without a plan amendment, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).
71502.

Land use planning; updates to programmatic environmental impact statements
(a)

Priority areas
(1)

In general
The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116–260). Among applications for a given renewable energy source, proposed projects located in priority areas for that renewable energy source shall—
(A)
be given the highest priority for incentivizing deployment thereon; and
(B)
be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.
(2)

Establishing priority areas
(A)

Geothermal energy
For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of the enactment of this Act.
(B)

Solar energy
For solar energy—
(i)
solar designated leasing areas (including the solar energy zones established by Bureau of Land Management Solar Energy Program, established in October 2012), and any subsequent land use plan amendments, shall be considered to be priority areas for solar energy projects; and
(ii)
the Secretary shall complete a process to consider establishing additional solar priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.
(C)

Wind energy
For wind energy, the Secretary shall complete a process to consider establishing additional wind priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.
(b)

Variance areas
Variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116–260), and applications for a given renewable energy source located in those variance areas shall be timely processed in order to assist in meeting that goal.
(c)

Review and modification
(1)

In general
Not less than once every 10 years, the Secretary shall—
(A)
review the adequacy of land allocations for geothermal, solar, and wind energy priority, exclusion, and variance areas for the purpose of encouraging and facilitating new renewable energy development opportunities; and
(B)
based on the review carried out under subparagraph (A), add, modify, or eliminate priority, variance, and exclusion areas.
(2)

Exception
Paragraph (1) shall not apply to the renewable energy land use planning published in the Desert Renewable Energy Conservation Plan developed by the California Energy Commission, the California Department of Fish and Wildlife, the Bureau of Land Management, and the United States Fish and Wildlife Service until January 1, 2031.
(d)

Compliance with the National Environmental Policy Act
For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished—
(1)
for geothermal energy, by updating the document entitled “Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States”, dated October 2008, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized;
(2)
for solar energy, by updating the document entitled “Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States”, dated July 2012, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized; and
(3)
for wind energy, by updating the document entitled “Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM–Administered Lands in the Western United States”, dated July 2005, and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.
(e)

No effect on processing site specific applications
Site specific environmental review and processing of permits for proposed projects shall proceed during preparation of an updated programmatic environmental impact statement, resource management plan, or resource management plan amendment.
(f)

Coordination
In developing updates required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are—
(1)
economically viable (including having access to existing and planned transmission lines);
(2)
likely to avoid or minimize impacts to habitat for animals and plants, recreation, cultural resources, and other uses of covered land; and
(3)
consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
71503.

Limited grandfathering
(a)

Definition of project
In this section, the term project means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
(b)

Requirement To pay rents and fees
Unless otherwise agreed to by the owner of a project, the owner of a project that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2017, shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)).
71504.

Disposition of revenues
(a)

Disposition of revenues
(1)

Availability
Subject to future appropriations, and except as provided in paragraph (2), beginning on January 1, 2023, amounts collected from a wind or solar project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization, are authorized to be made available as follows:
(A)
Twenty-five percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.
(B)
Twenty-five percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived.
(C)
Twenty-five percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this title, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable without detrimental impacts to emerging markets, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived.
(D)
Twenty-five percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).
(2)

Exceptions
Paragraph (1) shall not apply to the following:
(A)
Amounts collected under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).
(B)
Amounts deposited into the National Parks and Public Land Legacy Restoration Fund under section 200402(b) of title 54, United States Code.
(b)

Payments to States and counties
(1)

In general
Amounts paid to States and counties under subsection (a)(1) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).
(2)

Payments in lieu of taxes
A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code.
(c)

Renewable Energy Resource Conservation Fund
(1)

In general
There is established in the Treasury a fund to be known as the Renewable Energy Resource Conservation Fund, which shall be administered by the Secretary, in consultation with the Secretary of Agriculture.
(2)

Use of funds
The Secretary may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land. Such amounts may be used to—
(A)
restore and protect—
(i)
fish and wildlife habitat for affected species;
(ii)
fish and wildlife corridors for affected species; and
(iii)
wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and
(B)
preserve and improve recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or restricted.
(3)

Partnerships
The Secretary may enter into cooperative agreements with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in paragraph (2).
(4)

Investment of Fund
(A)

In general
Amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.
(B)

Use
Interest earned under subparagraph (A) may be expended in accordance with this subsection.
(5)

Report to Congress
At the end of each fiscal year, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that includes a description of—
(A)
the amount collected as described in subsection (a), by source, during that fiscal year;
(B)
the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and
(C)
the amount remaining in the Fund at the end of the fiscal year.
(6)

Intent of Congress
It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in paragraph (2).
71505.

Savings
Notwithstanding any other provision of this title, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (43 U.S.C. 1701 et seq.), as applicable, including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.
XVI

Increasing community access to resiliency grants
71601.

Centralized website for resiliency grants
(a)

In general
Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish and regularly update a publicly available website that includes—
(1)
hyperlinks to all grants administered by the National Oceanic and Atmospheric Administration and hyperlinks to other Federal agencies that offer similar grants to assist State, Tribal, and local governments with resiliency, adaptation, and mitigation of climate change and sea level rise; and
(2)
with respect to each such grant, the contact information for an individual who can offer assistance to State, Tribal, and local governments.
(b)

Outreach
The Administrator shall conduct outreach activities to inform State, Tribal, and local governments of the resiliency, adaptation, and mitigation grants.
(c)

Administrator
In this section, the term “Administrator” means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration.
XVII

Keep America’s waterfronts working
71701.

Working Waterfronts Grant Program
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:
“320.

Working Waterfronts Grant Program
(a)

Working waterfront task force
(1)

Establishment and functions
The Secretary of Commerce shall establish a task force to work directly with coastal States, user groups, and coastal stakeholders to identify and address critical needs with respect to working waterfronts.
(2)

Membership
The members of the task force shall be appointed by the Secretary of Commerce, and shall include—
(A)
experts in the unique economic, social, cultural, ecological, geographic, and resource concerns of working waterfronts; and
(B)
representatives from the National Oceanic and Atmospheric Administration’s Office of Coastal Management, the United States Fish and Wildlife Service, the Department of Agriculture, the Environmental Protection Agency, the United States Geological Survey, the Navy, the National Marine Fisheries Service, the Economic Development Agency, and such other Federal agencies as the Secretary considers appropriate.
(3)

Functions
The task force shall—
(A)
identify and prioritize critical needs with respect to working waterfronts in States that have a management program approved by the Secretary of Commerce pursuant to section 306, in the areas of—
(i)
economic and cultural importance of working waterfronts to communities;
(ii)
changing environments and threats working waterfronts face from environment changes, trade barriers, sea level rise, extreme weather events, ocean acidification, and harmful algal blooms; and
(iii)
identifying working waterfronts and highlighting them within communities;
(B)
outline options, in coordination with coastal States and local stakeholders, to address such critical needs, including adaptation and mitigation where applicable;
(C)
identify Federal agencies that are responsible under existing law for addressing such critical needs; and
(D)
recommend Federal agencies best suited to address any critical needs for which no agency is responsible under existing law.
(4)

Information to be considered
In identifying and prioritizing policy gaps pursuant to paragraph (3), the task force shall consider the findings and recommendations contained in section VI of the report entitled “The Sustainable Working Waterfronts Toolkit: Final Report”, dated March 2013.
(5)

Report
Not later than 18 months after the date of the enactment of this section, the task force shall submit a report to Congress on its findings.
(6)

Implementation
The head of each Federal agency identified in the report pursuant to paragraph (3)(C) shall take such action as is necessary to implement the recommendations contained in the report by not later than 1 year after the date of the issuance of the report.
(b)

Working Waterfront Grant Program
(1)
The Secretary shall establish a Working Waterfront Grant Program, in cooperation with appropriate State, regional, and other units of government, under which the Secretary may make a grant to any coastal State for the purpose of implementing a working waterfront plan approved by the Secretary under subsection (c).
(2)
Subject to the availability of appropriations, the Secretary shall award matching grants under the Working Waterfronts Grant Program to coastal States with approved working waterfront plans through a regionally equitable, competitive funding process in accordance with the following:
(A)
The Governor, or the lead agency designated by the Governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State’s or territory’s approved coastal zone plan, program, and policies prior to submission to the Secretary.
(B)
In developing guidelines under this section, the Secretary shall consult with coastal States, other Federal agencies, and other interested stakeholders with expertise in working waterfront planning.
(C)
Coastal States may allocate grants to local governments, Indian Tribes, agencies, or nongovernmental organizations eligible for assistance under this section.
(3)
In awarding a grant to a coastal State, the Secretary shall consider—
(A)
the economic, cultural, and historical significance of working waterfront to the coastal State;
(B)
the demonstrated working waterfront needs of the coastal State as outlined by a working waterfront plan approved for the coastal State under subsection (c), and the value of the proposed project for the implementation of such plan;
(C)
the ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other government units, landowners, corporations, or private organizations;
(D)
the potential for rapid turnover in the ownership of working waterfront in the coastal State, and where applicable the need for coastal States to respond quickly when properties in existing or potential working waterfront areas or public access areas as identified in the working waterfront plan submitted by the coastal State come under threat or become available; and
(E)
the impact of the working waterfront plan approved for the coastal State under subsection (c) on the coastal ecosystem and the users of the coastal ecosystem.
(4)
The Secretary shall approve or reject an application for such a grant within 60 days after receiving an application for the grant.
(c)

Working waterfront plans
(1)
To be eligible for a grant under subsection (b), a coastal State must submit and have approved by the Secretary a comprehensive working waterfront plan in accordance with this subsection, or be in the process of developing such a plan and have an established working waterfront program at the State or local level, or the Secretary determines that an existing coastal land use plan for that State is in accordance with this subsection.
(2)
Such plan—
(A)
must provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business;
(B)
shall include one or more of—
(i)
an assessment of the economic, social, cultural, and historic value of working waterfront to the coastal State;
(ii)
a description of relevant State and local laws and regulations affecting working waterfront in the geographic areas identified in the working waterfront plan;
(iii)
identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial and recreational fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business, and the level of that threat;
(iv)
identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available, and, where appropriate, an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem;
(v)
identification of other working waterfront needs including improvements to existing working waterfronts and working waterfront areas;
(vi)
a strategic and prioritized plan for the preservation, expansion, and improvement of working waterfronts in the coastal State;
(vii)
for areas identified under clauses (iii), (iv), (v), and (vi), identification of current availability and potential for expansion of public access to coastal waters;
(viii)
a description of the degree of community support for such strategic plan; and
(ix)
a contingency plan for properties that revert to the coastal State pursuant to determinations made by the coastal State under subsection (g)(4)(C);
(C)
may include detailed environmental impacts on working waterfronts, including hazards, sea level rise, inundation exposure, and other resiliency issues;
(D)
may be part of the management program approved under section 306;
(E)
shall utilize to the maximum extent practicable existing information contained in relevant surveys, plans, or other strategies to fulfill the information requirements under this paragraph; and
(F)
shall incorporate the policies and regulations adopted by communities under local working waterfront plans or strategies in existence before the date of the enactment of this section.
(3)
A working waterfront plan—
(A)
shall be effective for purposes of this section for the 5-year period beginning on the date it is approved by the Secretary;
(B)
must be updated and re-approved by the Secretary before the end of such period; and
(C)
shall be complimentary to and incorporate the policies and objectives of regional or local working waterfront plans as in effect before the date of enactment of this section or as subsequently revised.
(4)
The Secretary may—
(A)
award planning grants to coastal States for the purpose of developing or revising comprehensive working waterfront plans; and
(B)
award grants consistent with the purposes of this section to States undertaking the working waterfront planning process under this section, for the purpose of preserving and protecting working waterfronts during such process.
(5)
Any coastal State applying for a working waterfront grant under this title shall—
(A)
develop a working waterfront plan, using a process that involves the public and those with an interest in the coastal zone;
(B)
coordinate development and implementation of such a plan with other coastal management programs, regulations, and activities of the coastal State; and
(C)
if the coastal State allows qualified holders (other than the coastal State) to enter into working waterfront covenants, provide as part of the working waterfront plan under this subsection a mechanism or procedure to ensure that the qualified holders are complying their duties to enforce the working waterfront covenant.
(d)

Uses, terms, and conditions
(1)
Each grant made by the Secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section.
(2)
A grant under this section may be used—
(A)
to acquire a working waterfront, or an interest in a working waterfront;
(B)
to make improvements to a working waterfront, including the construction or repair of wharfs, boat ramps, or related facilities; or
(C)
for necessary climate adaptation mitigation.
(e)

Public access requirement
A working waterfront project funded by grants made under this section must provide for expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront, except for commercial fishing or other industrial access points where the coastal State determines that public access would be unsafe.
(f)

Limitations
(1)
Except as provided in paragraph (2), a grant awarded under this section may be used to purchase working waterfront or an interest in working waterfront, including an easement, only from a willing seller and at fair market value.
(2)
A grant awarded under this section may be used to acquire working waterfront or an interest in working waterfront at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion.
(3)
No Federal, State, or local entity may exercise the power of eminent domain to secure title to any property or facilities in connection with a project carried out under this section.
(g)

Allocation of grants to local governments and other entities
(1)
The Secretary shall encourage coastal States to broadly allocate amounts received as grants under this section among working waterfronts identified in working waterfront plans approved under subsection (c).
(2)
Subject to the approval of the Secretary, a coastal State may, as part of an approved working waterfront plan, designate as a qualified holder any unit of State or local government or nongovernmental organization, if the coastal State is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program.
(3)
A coastal State or a qualified holder designated by a coastal State may allocate to a unit of local government, nongovernmental organization, fishing cooperative, or other entity, a portion of any grant made under this section for the purpose of carrying out this section, except that such an allocation shall not relieve the coastal State of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal State's approved working waterfront plan.
(4)
A qualified holder may hold title to or interest in property acquired under this section, except that—
(A)
all persons holding title to or interest in working waterfront affected by a grant under this section, including a qualified holder, private citizen, private business, nonprofit organization, fishing cooperative, or other entity, shall enter into a working waterfront covenant;
(B)
such covenant shall be held by the coastal State or a qualified holder designated under paragraph (2);
(C)
if the coastal State determines, on the record after an opportunity for a hearing, that the working waterfront covenant has been violated—
(i)
all right, title, and interest in and to the working waterfront covered by such covenant shall, except as provided in subparagraph (D), revert to the coastal State; and
(ii)
the coastal State shall have the right of immediate entry onto the working waterfront;
(D)
if a coastal State makes a determination under subparagraph (C), the coastal State may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfront to another qualified holder; and
(E)
nothing in this subsection waives any legal requirement under any Federal or State law.
(h)

Matching contributions
(1)
Except as provided in paragraph (2), the Secretary shall require that each coastal State that receives a grant under this section, or a qualified holder designated by that coastal State under subsection (g), shall provide matching funds in an amount equal to at least 25 percent of the total cost of the project carried out with the grant.
(2)
The Secretary may waive the application of paragraph (1) for any qualified holder that is an underserved community, a community that has an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary considers appropriate.
(3)
A local community designated as a qualified holder under subsection (g) may utilize funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection.
(4)
As a condition of receipt of a grant under this section, the Secretary shall require that a coastal State provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.
(5)
If financial assistance under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law.
(6)
The Secretary shall treat as non-Federal match the value of a working waterfront or interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder within 3 years of the grant award date, or within 3 years after the submission of the application and before the end of the grant award period. Such value shall be determined by an appraisal performed at such time before the award of the grant as the Secretary considers appropriate.
(7)
The Secretary shall treat as non-Federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront, and the costs of restoration, enhancement, or other improvement to a working waterfront, if the activities are identified in the project application and the costs are incurred within the period of the grant award, or, for working waterfront described in paragraph (6), within the same time limits described in that paragraph. These costs may include either cash or in-kind contributions.
(i)

Limit on administrative costs
No more than 5 percent of the funds made available to the Secretary under this section may be used by the Secretary for planning or administration of the program under this section.
(j)

Other technical and financial assistance
(1)
Up to 5 percent of the funds appropriated under this section may be used by the Secretary for purposes of providing technical assistance as described in this subsection.
(2)
The Secretary shall—
(A)
provide technical assistance to coastal States and local governments in identifying and obtaining other sources of available Federal technical and financial assistance for the development and revision of a working waterfront plan and the implementation of an approved working waterfront plan;
(B)
provide technical assistance to States and local governments for the development, implementation, and revision of comprehensive working waterfront plans, which may include, subject to the availability of appropriations, planning grants and assistance, pilot projects, feasibility studies, research, and other projects necessary to further the purposes of this section;
(C)
assist States in developing other tools to protect working waterfronts;
(D)
collect and disseminate to States guidance for best storm water management practices in regards to working waterfronts;
(E)
provide technical assistance to States and local governments on integrating resilience planning into working waterfront preservation efforts; and
(F)
collect and disseminate best practices on working waterfronts and resilience planning.
(k)

Other requirements
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with financial assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(l)

Reports
(1)
The Secretary shall—
(A)
develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section; and
(B)
submit to Congress a biennial report that includes such evaluations, an account of all expenditures, and descriptions of all projects carried out using grants awarded under this section.
(2)
The Secretary may submit the biennial report under paragraph (1)(B) by including it in the biennial report required under section 316.
(m)

Definitions
In this section:
(1)
The term qualified holder means a coastal State or a unit of local or coastal State government or a non-State organization designated by a coastal State under subsection (g).
(2)
The term Secretary means the Secretary, acting through the National Oceanic and Atmospheric Administration.
(3)
The term working waterfront means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business and is used for, or that supports, commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business.
(4)
The term working waterfront covenant means an agreement in recordable form between the owner of working waterfront and one or more qualified holders, that provides such assurances as the Secretary may require that—
(A)
the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity, except as provided in subparagraph (C);
(B)
the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section, and the property will not be converted to any use that is inconsistent with the purpose of this section;
(C)
if the title to or interest in the working waterfront is sold or otherwise exchanged—
(i)
all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement; and
(ii)
funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the Secretary by parties to the sale or exchange, and such funds shall, at the discretion of the Secretary, be paid to the coastal State in which the working waterfront is located for use in the implementation of the working waterfront plan of the State approved by the Secretary under this section; and
(D)
such covenant is subject to enforcement and oversight by the coastal State or by another person as determined appropriate by the Secretary.
(n)

Authorization of appropriations
There is authorized to be appropriated to the Grant Program $15,000,000.”.
XVIII

Blue carbon for our planet
71801.

Interagency working group
(a)

Establishment
The National Science and Technology Council Subcommittee on Ocean Science and Technology shall establish an Interagency Working Group on Coastal Blue Carbon.
(b)

Purposes
The Interagency Working Group on Coastal Blue Carbon shall oversee the development of a national map of coastal blue carbon ecosystems, establish national coastal blue carbon ecosystem protection and restoration priorities, assess the biophysical, social, and economic impediments to coastal blue carbon ecosystem restoration, study the effects of climate change, environmental stressors, and human stressors on carbon sequestration rates, and preserve the continuity of coastal blue carbon data.
(c)

Membership
The Interagency Working Group on Coastal Blue Carbon shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the National Park Service, the Bureau of Indian Affairs, the Smithsonian Institution, the Army Corps of Engineers, the Department of Agriculture, the Department of Energy, the Department of Defense, the Department of Transportation, the Department of State, the Federal Emergency Management Agency, and the Council on Environmental Quality.
(d)

Chair
The Interagency Working Group shall be chaired by the Administrator.
(e)

Responsibilities
The Interagency Working Group shall—
(1)
oversee the development, update, and maintenance of a national map and inventory of coastal blue carbon ecosystems, including habitat types with a regional focus in analysis that is usable for local level protection planning and restoration;
(2)
develop a strategic assessment of the biophysical, chemical, social, statutory, regulatory, and economic impediments to protection and restoration of coastal blue carbon ecosystems;
(3)
develop a national strategy for foundational science necessary to study, synthesize, and evaluate the effects of climate change, environmental, and human stressors on sequestration rates and capabilities of coastal blue carbon ecosystems protection;
(4)
establish national coastal blue carbon ecosystem protection and restoration priorities, including an assessment of current Federal funding being used for restoration efforts;
(5)
ensure the continuity, use, and interoperability of data assets through the Smithsonian Environmental Research Center’s Coastal Carbon Data Clearinghouse; and
(6)
assess current legal authorities to protect and restore blue carbon ecosystems.
(f)

Reports to Congress
(1)

In general
Not later than one year after the date of the enactment of this Act, the Interagency Working Group shall provide to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the following:
(A)
A summary of federally funded coastal blue carbon ecosystem research, monitoring, preservation, and restoration activities, including the budget for each of these activities and describe the progress in advancing the national priorities established in section 71803(a)(4)(A).
(B)
An assessment of biophysical, social, and economic impediments to coastal blue carbon ecosystem restoration, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise, ocean and coastal acidification, and other environmental and human stressors.
(2)

Strategic plan
(A)

In general
The Interagency Working group shall create a strategic plan for Federal investments in basic research, development, demonstration, long-term monitoring and stewardship, and deployment of coastal blue carbon ecosystem projects for the 5-year period beginning at the start of the first fiscal year after the date on which the budget assessment is submitted under paragraph (1). The plan shall include an assessment of the use of existing Federal programs to protect and preserve coastal blue carbon ecosystems and identify the need for any additional authorities or programs.
(B)

Timing
The Interagency Working Group shall—
(i)
submit the strategic plan under paragraph (A) to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on a date that is not later than one year after the enactment of this Act and not earlier than the date on which the report under paragraph (1) is submitted to such committees of Congress; and
(ii)
submit a revised version of such plan not less than quinquennially thereafter.
(C)

Federal Register
Not later than 90 days before the strategic plan under this paragraph, or any revision thereof, is submitted under subparagraph (B), the Interagency Working Group shall publish such plan in the Federal Register and provide an opportunity for submission of public comments for a period of not less than 60 days.
71802.

National map of coastal blue carbon ecosystems
(a)

National map
The Interagency Working Group shall—
(1)
produce, update at least once every five years, and maintain a national level map and inventory of coastal blue carbon ecosystems, including—
(A)
the species and types of habitats and species in the ecosystem;
(B)
the condition of such habitats including whether a habitat is degraded, drained, eutrophic, or tidally restricted;
(C)
type of public or private ownership and any protected status;
(D)
the size of the ecosystem;
(E)
the salinity boundaries;
(F)
the tidal boundaries;
(G)
an assessment of carbon sequestration potential, methane production, and net greenhouse gas reductions including consideration of—
(i)
quantification;
(ii)
verifiability;
(iii)
comparison to a historical baseline, as available; and
(iv)
permanence of those benefits;
(H)
an assessment of cobenefits of ecosystem and carbon sequestration;
(I)
the potential for landward migration as a result of sea level rise;
(J)
any upstream restrictions detrimental to the watershed process and conditions such as dams, dikes, and levees;
(K)
the conversion of coastal blue carbon ecosystems to other land uses and the cause of such conversion; and
(L)
a depiction of the effects of climate change, including sea level rise, environmental stressors, and human stressors on the sequestration rate, carbon storage, and potential of coastal blue carbon ecosystems; and
(2)
in carrying out paragraph (1)—
(A)
incorporate, to the extent possible, existing data collected through federally funded research and by a Federal agency, State agency, local agency, Tribe, including data collected from the National Oceanic and Atmospheric Administration Coastal Change Analysis Program, U.S. Fish and Wildlife Service National Wetlands Inventory, United States Geological Survey LandCarbon program, Federal Emergency Management Agency LiDAR information coordination and knowledge program, Department of Energy Biological and Environmental Research program, and Department of Agriculture National Coastal Blue Carbon Assessment; and
(B)
engage regional technical experts in order to accurately account for regional differences in coastal blue carbon ecosystems.
(b)

Use
The Interagency Working Group shall use the national map and inventory—
(1)
to assess the carbon sequestration potential of different coastal blue carbon habitats, and account for any regional differences;
(2)
to assess and quantify emissions from degraded and destroyed coastal blue carbon ecosystems;
(3)
to develop regional assessments and to provide technical assistance to regional, State, Tribal, and local government agencies, and regional information coordination entities as defined in section 123030(6) of the Integrated Coastal and Ocean Observation System Act (33 U.S.C. 3602);
(4)
to assess degraded coastal blue carbon ecosystems and their potential for restoration, including developing scenario modeling to identify vulnerable areas where management, protection, and restoration efforts should be focused;
(5)
produce future predictions of coastal blue carbon ecosystems and carbon sequestration rates in the context of climate change, environmental stressors, and human stressors; and
(6)
use such map to inform the Administrator of the Environmental Protection Agency’s creation of the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks.
71803.

Restoration and protections for existing coastal blue carbon ecosystems
(a)

In general
The Administrator shall—
(1)
lead the Interagency Working Group in implementing the strategic plan under section 71801(f)(2);
(2)
coordinate monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal government and international partners and nongovernmental organizations;
(3)
establish a national goal for conserving ocean and coastal blue carbon ecosystems within the territory of the United States, and as appropriate setting targets for restoration of degraded coastal blue carbon ecosystems;
(4)
in coordination with the Interagency Working Group and as informed by the report under section 71801(f) on current Federal expenditures on coastal blue carbon ecosystem restoration, identify—
(A)
national coastal blue carbon ecosystem protection and restoration priorities that would produce the highest rate of carbon sequestration and greatest ecosystem benefits such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling in the context of other environmental stressors and climate change; and
(B)
ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on coastal blue carbon ecosystems through existing and new coastal management networks; and
(5)
in coordination with State, local, and Tribal governments and coastal stakeholders, develop integrated pilot programs to restore degraded coastal blue carbon ecosystems in accordance with subsection (b).
(b)

Integrated pilot programs To restore and protect degraded coastal blue carbon ecosystems
In carrying out subsection (a)(5), the Administrator shall—
(1)
establish integrated pilot programs that develop best management practices, including design criteria and performance functions for coastal blue carbon ecosystem restoration and protection, nature-based adaptation strategies, restoration areas that intersect with the built environments as green-gray infrastructure projects, management practices for landward progression or migration of coastal blue carbon ecosystems, and identify potential barriers to restoration efforts, and increase long-term carbon sequestration and storage;
(2)
ensure that the pilot programs cover geographically and ecologically diverse locations with significant ecological, economic, and social benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling to reduce hypoxic conditions, and maximum potential for greenhouse gas emission reduction;
(3)
establish a procedure for reviewing applications for the pilot program, taking into account—
(A)
quantification;
(B)
verifiability;
(C)
additionality as compared to a historical baseline, when feasible; and
(D)
permanence of those benefits;
(4)
ensure, through consultation with the Interagency Working Group, that the goals and metrics for the pilot programs are communicated to the appropriate State, Tribe, and local governments, and to the general public;
(5)
coordinate with relevant Federal agencies on the Interagency Working Group to prevent unnecessary duplication of effort among Federal agencies and departments with respect to restoration and protection programs;
(6)
give priority to proposed eligible restoration activities that would—
(A)
result in long-term protection and sequestration of carbon stored in coastal and marine environments;
(B)
protect key habitats for fish, wildlife, and the maintenance of biodiversity;
(C)
provide coastal protection from development, storms, flooding, and land-based pollution;
(D)
protect coastal resources of national, historical, and cultural significance; and
(E)
benefit communities of color, low-income communities, Tribal or Indigenous communities, or rural communities; and
(7)
report to the Interagency Working Group, and Committee on Science, Space, and Technology of the House of Representatives, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on the total number of acres of land or water protected or restored through the program, the status of restoration projects, and the blue carbon sequestration potential of each restoration pilot project.
71804.

NAS assessment of containment of carbon dioxide in deep seafloor environment
Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct a comprehensive assessment on the long-term effects of geologic stores of carbon dioxide in a deep seafloor environment, including impacts on marine species and ecosystems.
71805.

Authorization of appropriations
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title $15,000,000 for each of the fiscal years 2023 through 2027.
71806.

Definitions
In this title:
(1)

Administrator
The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as the Administrator of the National Oceanic and Atmospheric Administration.
(2)

Coastal blue carbon ecosystem
The term coastal blue carbon ecosystem refers to vegetated coastal habitats including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or salt-water wetlands, and their ability to sequester carbon from the atmosphere, accumulate it in biomass for years to decades, and store it in soils for centuries to millennia. Coastal blue carbon ecosystems include both autochthonous carbon and allochthonous carbon.
(3)

State
The term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States.
XIX

Eliminate, neutralize, and disrupt wildlife trafficking reauthorization and improvements
71901.

Sense of Congress
It is the sense of Congress that—
(1)
the United States Government should continue to work with international partners, including nations, nongovernmental organizations, and the private sector, to identify long-standing and emerging areas of concern in wildlife poaching and trafficking related to global supply and demand; and
(2)
the activities and required reporting of the Presidential Task Force on Wildlife Trafficking, established by Executive Order No. 13648 (78 Fed. Reg. 40621), and modified by sections 201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) should be reauthorized to minimize the disruption of the work of such Task Force.
71902.

Definitions
Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended—
(1)
in paragraph (3), by inserting “involving local communities” after “approach to conservation”;
(2)
by amending paragraph to read as follows:
“(4)

Country of concern
The term country of concern means a foreign country specially designated by the Secretary of State pursuant to section 201(b) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which—
(A)
the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or
(B)
the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking.”; and
(3)
in paragraph (11), by striking “section 201” and inserting “section 301”.
71903.

Framework for interagency response and reporting
(a)

Reauthorization of report on major wildlife trafficking countries
Section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended—
(1)
in subsection (a), by striking “annually thereafter” and inserting “biennially thereafter by June 1 of each year in which a report is required”; and
(2)
by amending subsection (c) to read as follows:
“(c)

Designation
A country may be designated as a country of concern under subsection (b) regardless of such country’s status as a focus country.”.
(b)

Presidential Task Force on Wildlife Trafficking responsibilities
Section 301(a) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is amended—
(1)
in paragraph (4), by striking “and” at the end;
(2)
by redesignating paragraph (5) as paragraph (10); and
(3)
by inserting after paragraph (4) the following:
“(5)
pursue programs and develop a strategy—
(A)
to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and
(B)
to enable local governments to develop and use such technologies;
(6)
consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate;
(7)
(A)
establish and publish a procedure for removing from the list in the biennial report any country of concern that no longer meets the definition of country of concern under section 2(4);
(B)
include details about such procedure in the next report required under section 201;
(8)
(A)
implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;
(B)
set benchmarks for measuring the effectiveness of such interventions; and
(C)
consider alignment and coordination with indicators developed by the Task Force;
(9)
consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and”.
(c)

Presidential Task Force on Wildlife Trafficking strategic review
Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as amended by subsection (b), is further amended—
(1)
in subsection (d)—
(A)
in the matter preceding paragraph (1), by striking “annually” and inserting “biennially”;
(B)
in paragraph (4), by striking “and” at the end;
(C)
in paragraph (5), by striking the period at the end and inserting “; and”; and
(D)
by adding at the end the following:
“(6)
an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries.”; and
(2)
by striking subsection (e).
71904.

Funding safeguards
(a)

Procedures for obtaining credible information
Section 620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d(d)) is amended—
(1)
by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and
(2)
by inserting after paragraph (3) the following:
“(4)
routinely request and obtain such information from the United States Agency for International Development, the United States Fish and Wildlife Service, and other relevant Federal agencies that partner with international nongovernmental conservation groups;”.
(b)

Required implementation
The Secretary of State shall implement the procedures established pursuant to section 620M(d) of the Foreign Assistance Act of 1961, as amended by subsection (a), including vetting individuals and units, whenever the United States Agency for International Development, the United States Fish and Wildlife Service, or any other relevant Federal agency that partners with international nongovernmental conservation groups provides assistance to any unit of the security forces of a foreign country.
71905.

Issuance of subpoenas in wildlife trafficking civil penalty enforcement actions
(a)

Endangered Species Act of 1973
Section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended by adding at the end the following:
“(7)

Issuance of subpoenas
(A)

In general
For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the delivery, receipt, carrying, transport, shipment, sale, or offer for sale in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary, may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.
(B)

Fees and mileage for witnesses
A witness summoned under subparagraph (A) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.
(C)

Refusal to obey subpoenas
(i)

In general
In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this paragraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.
(ii)

Failure to obey
Any failure to obey an order issued by a court under clause (i) may be punished by that court as a contempt of that court.”.
(b)

Lacey Act Amendments of 1981
Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is amended by adding at the end the following:
“(e)

Issuance of subpoenas
(1)

In general
For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under the Lacey Act of 1900 (16 U.S.C. 3371 et seq.) or relating to the transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.
(2)

Fees and mileage for witnesses
A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.
(3)

Refusal to obey subpoenas
(A)

In general
In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.
(B)

Failure to obey
Any failure to obey an order issued by a court under subparagraph (A) may be punished by that court as a contempt of that court.”.
(c)

Bald and Golden Eagle Protection Act
(1)

Civil penalties
Subsection (b) of the first section of the Act of June 8, 1940 (16 U.S.C. 668(b)) (commonly known as the “Bald and Golden Eagle Protection Act”), is amended—
(A)
by striking “(b) Whoever, within the” and inserting the following:
“(b)

Civil penalties
(1)

In general
Whoever, within the”; and
(B)
by adding at the end the following:
“(2)

Hearings; issuance of subpoenas
(A)

Hearings
Hearings held during proceedings for the assessment of civil penalties under paragraph (1) shall be conducted in accordance with section 554 of title 5, United States Code.
(B)

Issuance of subpoenas
(i)

In general
For purposes of any hearing held during proceedings for the assessment of civil penalties under paragraph (1), the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths.
(ii)

Fees and mileage for witnesses
A witness summoned pursuant to clause (i) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.
(iii)

Refusal to obey subpoenas
(I)

In general
In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subparagraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.
(II)

Failure to obey
Any failure to obey an order issued by a court under subclause (I) may be punished by that court as a contempt of that court.”.
(2)

Investigatory subpoenas
Section 3 of the Act of June 8, 1940 (16 U.S.C. 668b) (commonly known as the “Bald and Golden Eagle Protection Act”), is amended by adding at the end the following:
“(d)

Issuance of subpoenas
(1)

In general
For the purposes of any inspection or investigation relating to the import into or the export from the United States of any bald or golden eagles covered under this Act, or any parts, nests, or eggs of any such bald or golden eagles, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.
(2)

Fees and mileage for witnesses
A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.
(3)

Refusal to obey subpoenas
(A)

In general
In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both.
(B)

Failure to obey
Any failure to obey an order issued by a court under subparagraph (A) may be punished by that court as a contempt of that court.”.
I

Committee on the Judiciary
I

Subcommittee on Courts, Intellectual Property, and the Internet
80101.

Basic Research
Notwithstanding any other provision of law, each agency that awards a Federal research grant shall not disclose, either publicly or privately, to an applicant for such grant the identity of any member of the grant review panel for such applicant.
80102.

Collection of demographic information for patent inventors
(a)

Amendment
Chapter 11 of title 35, United States Code, is amended by adding at the end the following:
“124.

Collection of demographic information for patent inventors
(a)

Voluntary collection
The Director shall provide for the collection of demographic information, including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate, related to each inventor listed with an application for patent, that may be submitted voluntarily by that inventor.
(b)

Protection of information
The Director shall—
(1)
keep any information submitted under subsection (a) confidential and separate from the application for patent; and
(2)
establish appropriate procedures to ensure—
(A)
the confidentiality of any information submitted under subsection (a); and
(B)
that demographic information is not made available to examiners or considered in the examination of any application for patent.
(c)

Relation to other laws
(1)

Freedom of Information Act
Any demographic information submitted under subsection (a) shall be exempt from disclosure under section 552(b)(3) of title 5.
(2)

Federal information policy law
Subchapter I of chapter 35 of title 44 shall not apply to the collection of demographic information under subsection (a).
(d)

Publication of demographic information
(1)

Report required
Not later than 1 year after the date of enactment of this section, and not later than January 31 of each year thereafter, the Director shall make publicly available a report that, except as provided in paragraph (3)—
(A)
includes the total number of patent applications filed during the previous year disaggregated—
(i)
by demographic information described in subsection (a); and
(ii)
by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States;
(B)
includes the total number of patents issued during the previous year disaggregated—
(i)
by demographic information described in subsection (a); and
(ii)
by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States; and
(C)
includes a discussion of the data collection methodology and summaries of the aggregate responses.
(2)

Data availability
In conjunction with issuance of the report under paragraph (1), the Director shall make publicly available data based on the demographic information collected under subsection (a) that, except as provided in paragraph (3), allows the information to be cross-tabulated to review subgroups.
(3)

Privacy
The Director—
(A)
may not include personally identifying information in—
(i)
the report made publicly available under paragraph (1); or
(ii)
the data made publicly available under paragraph (2); and
(B)
in making publicly available the report under paragraph (1) and the data under paragraph (2), shall anonymize any personally identifying information related to the demographic information collected under subsection (a).
(e)

Biennial report
Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Director shall submit to Congress a biennial report that evaluates the data collection process under this section, ease of access to the information by the public, and recommendations on how to improve data collection.”.
(b)

Technical and conforming amendment
The table of sections at the beginning of chapter 11 of title 35, United States Code, is amended by adding at the end the following:
“124. Collection of demographic information for patent inventors.”.
80103.

Stopping harmful offers on platforms by screening against fakes in e-commerce
(a)

Contributory liability for electronic commerce platforms
Section 32 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946”) (15 U.S.C. 1114), is amended by adding at the end the following:
“(4)
(A)
An electronic commerce platform shall be contributorily liable in a civil action under paragraph (1) for a case in which a third-party seller uses in commerce a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety on the platform, unless the platform demonstrates that the platform took each of the following steps to prevent such use on the platform before any infringing act by the third-party seller:
(i)
Determined after a reasonable investigation, and reasonably periodically confirmed—
(I)
that the third-party seller designated a registered agent in the United States for service of process; or
(II)
in the case of third-party seller located in the United States that has not designated a registered agent under subclause (I), that the third-party seller has designated a verified address for service of process in the United States.
(ii)
Verified through reliable documentation, including to the extent possible some form of government-issued identification, the identity, principal place of business, and contact information of the third-party seller.
(iii)
Except as provided for in subparagraph (C), required the third-party seller to—
(I)
take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and
(II)
attest to the platform that the third-party seller has taken reasonable steps under subclause (I) to verify the authenticity of the goods.
(iv)
Imposed on the third-party seller as a condition of participating on the platform contractual requirements that—
(I)
the third-party seller agrees not to use a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform;
(II)
the third-party seller consents to the jurisdiction of United States courts with respect to claims related to participation by the third-party seller on the platform; and
(III)
the third-party seller designates an agent for service of process in the United States, or, in the case of third-party seller located in the United States, the third-party seller designates a verified address for service of process in the United States.
(v)
Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods were originally shipped from the third-party seller, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a residential street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller.
(vi)
Except as provided for in subparagraph (C), displayed conspicuously in each listing the country of origin and manufacture of the goods as identified by the third-party seller, unless such information was not reasonably available to the third-party seller and the third-party seller has identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same.
(vii)
Required each third-party seller to use images that accurately depict the goods sold, offered for sale, distributed, or advertised on the platform.
(viii)
Implemented at no charge from the platform to the registrant reasonable proactive measures for screening goods before displaying the goods to the public to prevent the use by any third-party seller of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. The determination of whether proactive measures are reasonable shall consider the size and resources of a platform, the available technological and non-technological solutions at the time of screening, the information provided by the registrant to the platform, and any other factor considered relevant by a court.
(ix)
Provided reasonably accessible electronic means by which a registrant and consumer can notify the platform of suspected use of a counterfeit mark.
(x)
Implemented at no charge from the platform to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. Reasonable awareness of use of a counterfeit mark may be inferred based on information regarding the use of a counterfeit mark on the platform generally, general information about the third-party seller, identifying characteristics of a particular listing, or other circumstances as appropriate. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause.
(xi)
Implemented a publicly available, written policy that requires termination of a third-party seller that reasonably has been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. Use of a counterfeit mark by a third-party seller in 3 separate listings within 1 year typically shall be considered repeated use, but a platform may allow a third-party seller to remain active after repeated use of a counterfeit mark when reasonable mitigating circumstances exist. The determination of whether reasonable mitigating circumstances exist shall consider the overall activity of the third-party seller, efforts the third-party seller has taken to cure supply-chain concerns, efforts the third-party takes to resolve disputes once notified of a concern, and any other factor considered relevant by a court. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause.
(xii)
Implemented at no charge from the platform to the registrant reasonable measures for screening third-party sellers to ensure that sellers who have been terminated do not rejoin or remain on the platform under a different seller identity or alias. The determination of whether screening measures are reasonable shall consider the size and resources of a platform, the available technological and non-technological solutions at the time of screening, and any other factor considered relevant by a court.
(xiii)
Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a residential street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller).
(B)
(i)
This paragraph shall apply—
(I)
to an electronic commerce platform that has sales on the platform in the previous calendar year of not less than $500,000; or
(II)
to an electronic commerce platform with less than $500,000 in sales in the previous calendar year, 6 months after the platform has received 10 notices, in aggregate, that qualify under clause (ii).
(ii)
To count toward the aggregate 10-notice threshold under clause (i)(II), a notice shall—
(I)
include a reference to this paragraph;
(II)
include an explicit notification of the 10-notice limit and the requirement of the platform to publish the information in clause (iii); and
(III)
identify a listing on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety.
(iii)
Not later than 1 month after the date on which a platform described in clause(i)(II) receives the first notice described under clause (ii), the platform shall make publicly available an attestation that the sales on the platform in the previous calendar year were less than $500,000 and an aggregate count of the notices that qualify under clause (ii). Such count shall be updated upon receipt of additional notices.
(C)
Notwithstanding clauses (iii) and (vi) of subparagraph (A), a platform is exempt from the requirements of such clauses for goods, on or in connection with which a registered mark is used, sold, offered for sale, or advertised by a third-party seller for less than $5,000 if the third-party seller sells, offers for sale, or advertises on the platform 5 or fewer goods of the same type in connection with the same mark in a 1-year period.
(D)
This paragraph may not be construed to limit liability in contexts other than those described in this paragraph, including any cause of action available under any other provision of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.
(E)
With respect to fiscal year 2024, and each fiscal year thereafter, the amounts in subparagraphs (B) and (C) shall be increased each year by an amount equal to the percentage increase, if any, in the Consumer Price Index.
(F)
In this paragraph:
(i)
The term counterfeit mark has the meaning given that term in section 34(d)(1)(B).
(ii)
The term electronic commerce platform means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale or purchase of goods, or that enables a person other than an operator of the platform to sell or offer to sell physical goods to consumers located in the United States.
(iii)
The term goods that implicate health and safety means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards.
(iv)
The term third-party seller means a person other than the electronic commerce platform that uses the platform to arrange for the sale or purchase of goods.”.
(b)

Material misrepresentations in take-Down notices
(1)

Amendment
The Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946”) is amended by inserting after section 32 (15 U.S.C. 1114), the following new section:
“32A.

Material misrepresentations in take-down notices
(a)

Civil liability
Any person who knowingly makes any material misrepresentation in a notice to an electronic commerce platform that a counterfeit mark was used in a listing by a third party seller for goods that implicate health and safety shall be liable in a civil action for damages by the third-party seller that is injured by such misrepresentation, as the result of the electronic commerce platform relying upon such misrepresentation to remove or disable access to the listing, including temporary removal or disablement.
(b)

Action by electronic commerce platform
(1)

Authority to bring action
If a third-party seller who otherwise could bring an action under subsection (a), consents and declines to file suit, an electronic commerce platform may bring an action under subsection (a) against a person who knowingly made a material misrepresentation in 10 or more notices to the platform alleging that a counterfeit mark was used in a listing by a third party seller for goods that implicate health and safety.
(2)

Consent by third-party seller required
Consent shall be obtained in writing from each third-party seller to which the notices covered by the civil action were directed.
(3)

Contents of consent
The consent by a third-party seller shall be made in specific reference to a particular notice after the notice has been filed with the electronic commerce platform and removal or disablement has occurred.
(c)

Statutory damages
Any person who brings a claim under this section may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages, statutory damages in the amount of—
(1)
not less than $2,500 or more than $15,000 per notice containing a knowing, material misrepresentation; or
(2)
if aggravating circumstances exist, not less than $15,000 or more than $75,000 per notice containing a knowing, material misrepresentation.
(d)

Definitions
In this section:
(1)

Counterfeit mark
The term counterfeit mark has the meaning given that term in section 34(d)(1)(B).
(2)

Electronic commerce platform; Goods that implicate health and safety; Third-party seller
The terms electronic commerce platform, goods that implicate health and safety, and third-party seller have the meaning given those terms in section 32(4)(F).”.
(2)

Technical and conforming amendment
Section 35(a) of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946”) (15 U.S.C. 1117(a)) is amended by inserting after “under section 43(a) or (d),” the following: “a violation under subsection (a) or (b) of section 32A,”.
(c)

Effective date
This section, and the amendments made by this section, shall take effect on the date that is 1 year after the date of the enactment of this Act.
II

Subcommittee on Antitrust, Commercial and Administrative Law
80201.

Premerger notification filing fees
Section 605 of Public Law 101–162 (15 U.S.C. 18a note) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “$45,000” and inserting “$30,000”;
(ii)
by striking “$100,000,000” and inserting “$161,500,000”;
(iii)
by striking “2004” and inserting “2022”; and
(iv)
by striking “2003” and inserting “2021”;
(B)
in paragraph (2)—
(i)
by striking “$125,000” and inserting “$100,000”;
(ii)
by striking “$100,000,000” and inserting “$161,500,000”;
(iii)
by striking “but less” and inserting “but is less”; and
(iv)
by striking “and” at the end;
(C)
in paragraph (3)—
(i)
by striking “$280,000” and inserting “$250,000”; and
(ii)
by striking the period at the end and inserting “but is less than $1,000,000,000 (as so adjusted and published);”; and
(D)
by adding at the end the following:
“(4)
$400,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $1,000,000,000 (as so adjusted and published) but is less than $2,000,000,000 (as so adjusted and published);
(5)
$800,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $2,000,000,000 (as so adjusted and published) but is less than $5,000,000,000 (as so adjusted and published); and
(6)
$2,250,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $5,000,000,000 (as so adjusted and published).”; and
(2)
by adding at the end the following:
“(c)
(1)
For each fiscal year commencing after September 30, 2022, the filing fees in this section shall be increased each year by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor, for the year then ended over the level so established for the year ending September 30, 2021.
(2)
As soon as practicable, but not later than January 31 of each year, the Federal Trade Commission shall publish the adjusted amounts required by paragraph (1).
(3)
The Federal Trade Commission shall not adjust amounts required by paragraph (1) if the percentage increase described in paragraph (1) is less than 1 percent.
(4)
An amount adjusted under this section shall be rounded to the nearest multiple of $5,000.”.
80202.

Authorization of appropriations
There is authorized to be appropriated for fiscal year 2022—
(1)
$252,000,000 for the Antitrust Division of the Department of Justice; and
(2)
$418,000,000 for the Federal Trade Commission.
80203.

Mergers involving foreign government subsidies
(a)

Accounting for foreign government subsidies
A person required to file a notification required by section 7A of the Clayton Act (15 U.S.C. 18a) that received a subsidy from a foreign state shall include in such notification a detailed accounting of each such subsidy.
(b)

Authority of antitrust regulators
The Federal Trade Commission, with the concurrence of the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice and by rule in accordance with section 553 of title 5, consistent with purposes of this section shall require that the notification required under subsection (a) be in such form and contain such documentary material and information relevant to a proposed acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice to determine whether such acquisition may, if consummated, violate the antitrust laws.
(c)

Definitions
For the purposes of this section:
(1)

Foreign state
The term foreign state shall have the meaning given it in section 1603(a) of title 28, United States Code.
(2)

Subsidy
The term subsidy includes a direct subsidy, a grant, a loan (including a below-market loan), a loan guarantee, a tax concession, a preferential governmental procurement policy, or other form of economic support including ownership or control by a foreign state.
(d)

Effective date
This section shall take effect on the date on which the rule described in subsection (b) takes effect.
III

Immigration Provisions
80301.

W visas
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
(1)
in subparagraph (U)(iii), by striking “or” at the end;
(2)
in subparagraph (V)(ii)(II), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(W)
subject to—
(i)
section 218A(a), an alien who is an entrepreneur with an ownership interest in a start-up entity;
(ii)
section 218A(b), an alien who is or will be an essential employee of a start-up entity; or
(iii)
section 218A(c), the spouse or child of an alien described in clause (i) or (ii) who is accompanying, or following to join, the alien.”.
80302.

Start-up entities; nonimmigrant entrepreneurs and employees
(a)

In general
Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following:
“218A.

Start-up entities; admission of nonimmigrant entrepreneurs and employees
(a)

Nonimmigrant entrepreneurs
(1)

In general
(A)

Procedures
The Secretary shall establish procedures for an alien to obtain nonimmigrant status under section 101(a)(15)(W)(i). Such procedures shall include a petition filed by the alien that shall be approved by the Secretary before a visa may be granted. The petition shall be in such form and contain such information as the Secretary shall prescribe, except that, in the case of an alien seeking a change of nonimmigrant classification, the petition shall include an option to request such a change.
(B)

Required elements
The Secretary may approve a petition under subparagraph (A) if the Secretary determines that—
(i)
the alien possesses an ownership interest in a start-up entity of not less than 10 percent;
(ii)
the alien will play a central and active role in the management or operations of the start-up entity;
(iii)
the alien possesses the knowledge, skills, or experience to substantially assist the start-up entity with the growth and success of its business; and
(iv)
subject to paragraph (4), the start-up entity, during the 18-month period preceding the filing of the petition, received—
(I)
at least $250,000 in qualifying investments from one or more qualified investors; or
(II)
at least $100,000 in qualifying government awards or grants.
(C)

Duration
Status under section 101(a)(15)(W)(i) shall be valid for an initial period of 3 years and may be extended thereafter in accordance with this subsection.
(2)

3-year extension eligibility criteria
The Secretary may approve a petition to extend the initial status of an alien as a nonimmigrant under section 101(a)(15)(W)(i) for an additional 3-year period, if the Secretary determines that—
(A)
the alien—
(i)
possesses an ownership interest of not less than 5 percent in the start-up entity that formed the basis for the alien’s initial petition for status as a nonimmigrant under section 101(a)(15)(W)(i); and
(ii)
will continue to play a central and active role in the management or operations of the start-up entity; and
(B)
subject to paragraph (4), during the alien’s initial period of status as a nonimmigrant under section 101(a)(15)(W)(i), the start-up entity—
(i)
received at least $500,000 in additional qualifying investments from one or more qualified investors, qualifying government awards or grants, or a combination of such funding;
(ii)
created at least 5 qualified jobs; or
(iii)
generated not less than $500,000 in annual revenue in the United States and averaged 20 percent in annual revenue growth.
(3)

Additional extensions in 1-year increments
With respect to an alien whose status as a nonimmigrant under section 101(a)(15)(W)(i) was extended under paragraph (2), the Secretary may approve not more than 2 additional petitions to further extend such status in 1-year increments if the Secretary determines that—
(A)
the alien—
(i)
possesses an ownership interest in the start-up entity that formed the basis for the alien’s initial petition for status as a nonimmigrant under section 101(a)(15)(W)(i); and
(ii)
will continue to play a central and active role in the management or operations of the start-up entity; and
(B)
the start-up entity has made substantial progress in satisfying the criteria under paragraphs (2) and (3) of section 218B(c) and is reasonably expected to satisfy such requirements within the 1-year period following the expiration of the alien’s status as a nonimmigrant under section 101(a)(15)(W)(i).
(4)

Other comparable evidence
If a start-up entity partially meets one or more of the criteria described in paragraph (1)(B)(iv) or (2)(B), and the Secretary determines, based on other reliable and compelling evidence, that the start-up entity has substantial potential for rapid growth and job creation, the Secretary may grant the applicable petition.
(5)

Reporting of material changes
(A)

In general
An alien with status under section 101(a)(15)(W)(i) shall immediately notify the Secretary in writing, in accordance with procedures established by the Secretary, if he or she will no longer play a central and active role in the management or operations of the start-up entity or ceases to possess a qualifying ownership interest in the start-up entity.
(B)

Qualifying ownership interest
For purposes of subparagraph (A), the alien will cease to possess a qualifying ownership interest in the start-up entity if—
(i)
during the initial 3-year period of status described in paragraph (1), the alien’s ownership interest falls below 5 percent; or
(ii)
during a period of status described in paragraph (2) or (3), the alien ceases to maintain any ownership interest.
(6)

Clarification
With respect to an alien who establishes a qualifying ownership interest described in paragraph (1)(B)(i) in a start-up entity and is otherwise eligible for status under section 101(a)(15)(W)(i) based on such ownership, any time previously spent in such status with a different start-up entity shall not render the alien ineligible to be granted such status in accordance with this subsection.
(b)

Nonimmigrant essential employees
(1)

In general
The Secretary shall establish procedures for a start-up entity that serves as the basis for an approved petition under subsection (a) to file a petition to grant an alien status as a nonimmigrant under section 101(a)(15)(W)(ii). Status under such section shall be valid for an initial period of 3 years. The Secretary may approve an initial petition under this paragraph if the Secretary determines that the alien—
(A)
has an offer from the start-up entity for employment in an executive capacity or managerial capacity; and
(B)
possesses knowledge, skills, or experience that are essential to the growth and success of the start-up entity.
(2)

Numerical limitations
The number of aliens with status under section 101(a)(15)(W)(ii) who may be employed by a start-up entity at any one time may not exceed—
(A)
2 such aliens if such entity has 10 or fewer full-time employees in the United States;
(B)
3 such aliens if such entity has at least 11 and not more than 30 full-time employees in the United States;
(C)
4 such aliens if such entity has at least 31 and not more than 70 full-time employees in the United States; and
(D)
5 such aliens if such entity has more than 70 full-time employees in the United States.
(3)

3-year extension
The Secretary may approve a petition to extend the status of an alien as a nonimmigrant under section 101(a)(15)(W)(ii) for one additional 3-year period if the Secretary determines that the alien continues to meet the criteria described in paragraph (1).
(4)

Termination of eligibility to petition for W-2 nonimmigrants
A start-up entity’s eligibility to submit new petitions for aliens under paragraph (1) shall terminate on the date on which the start-up entity no longer serves as the basis for status of any nonimmigrant under section 101(a)(15)(W)(i).
(c)

Spouses and children
(1)

In general
A spouse or children accompanying or following to join a principal alien with status as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(W) shall be entitled to status as a nonimmigrant under clause (iii) of such section.
(2)

Employment authorization
In the case of an alien spouse with status as a nonimmigrant under section 101(a)(15)(W)(iii), the Secretary shall authorize such spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit.
(d)

Termination of nonimmigrant status
(1)

In general
The Secretary shall provide written notice to an alien admitted or otherwise granted status as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(W) of the Secretary’s intent to terminate such status if the Secretary has reasonable grounds to believe that—
(A)
the facts or information contained in the petition for such status were not true and accurate;
(B)
the alien failed to timely file or otherwise comply with the material change reporting requirement in subsection (a)(5), if applicable; or
(C)
the petition was erroneously granted.
(2)

Notice and decision
A notice of intent to terminate issued under paragraph (1) shall identify the grounds for termination and provide at least 60 days for the alien to submit rebuttal evidence.
(e)

Dual intent
Notwithstanding section 214(b), an alien may obtain a visa or be granted status under section 101(a)(15)(W) even if such alien intends to seek lawful permanent resident status in the United States.
(f)

Definitions
In this section:
(1)

Full-time employee
The term full-time employee means an individual performing services in a position that requires a minimum of 35 working hours per week, and does not include independent contractors or combinations of part-time employees.
(2)

Qualified investor
(A)

In general
Except as provided in subparagraph (B) and consistent with subparagraph (C), the term qualified investor means—
(i)
an individual who is a United States citizen or lawful permanent resident of the United States; or
(ii)
an organization that is located in the United States and operates through a legal entity that has its principal place of business in the United States, that is majority owned and controlled by United States citizens or lawful permanent residents of the United States,
which individual or organization regularly makes substantial investments in start-up entities that subsequently exhibit substantial growth in revenue generation or job creation.
(B)

Exceptions
The term qualified investor does not include an individual or organization that has been—
(i)
permanently or temporarily enjoined from participating in the offer or sale of a security or in the provision of services as an investment adviser, broker, dealer, municipal securities dealer, government securities broker, government securities dealer, bank, transfer agent or credit rating agency;
(ii)
barred from association with any entity involved in the offer or sale of securities or the provision of such services; or
(iii)
otherwise found to have participated in the offer or sale of securities or the provision of such services in violation of law.
(C)

Substantial investment history
An individual or organization shall be considered to regularly make substantial investments in start-up entities that subsequently exhibit substantial growth in revenue generation or job creation if—
(i)
during the preceding 5 years, the individual or organization invested a total of not less than $600,000 in start-up entities in exchange for equity, convertible debt, or other security convertible into equity commonly used in financing transactions within their respective industries; and
(ii)
subsequent to such investment, at least 2 such entities each created at least 5 qualified jobs or generated at least $500,000 in revenue with average annualized revenue growth of at least 20 percent.
(3)

Qualified job
The term qualified job means a job located in the United States that requires a minimum of 35 working hours per week that has been filled for at least 1 year by one or more qualifying employees.
(4)

Qualifying employee
The term qualifying employee means a United States citizen, a lawful permanent resident, or other immigrant lawfully authorized to be employed in the United States. Such term does not include independent contractors, nonimmigrant entrepreneurs or essential start-up employees of the start-up entity, or the parents, spouses, brothers, sisters, sons, or daughters of such nonimmigrant entrepreneurs.
(5)

Qualifying government award or grant
The term qualifying government award or grant means an award or grant for economic development, research and development, or job creation (or other similar monetary award typically given to start-up entities) made by a Federal, State, or local government entity (not including foreign government entities) that regularly provides such awards or grants to start-up entities. The term does not include any contractual commitment for goods or services.
(6)

Qualifying investment
(A)

In general
The term qualifying investment means an investment of lawfully derived capital made in good faith in a start-up entity that is a purchase from such entity of its equity, convertible debt, or other security convertible into its equity that is or becomes commonly used in financing transactions within such entity’s industry.
(B)

Exclusions
The term qualifying investment does not include a direct or indirect investment from an alien seeking status under section 101(a)(15)(W), the parent, spouse, brother, sister, son, or daughter of such an alien, or any corporation, limited liability company, partnership, or other entity in which such entrepreneur or the parents, spouse, brother, sister, son, or daughter of such entrepreneur has any direct or indirect ownership interest.
(7)

Secretary
The term Secretary means the Secretary of Homeland Security.
(8)

Start-up entity
The term start-up entity means a United States business entity that has lawfully conducted business during any period of operation since its formation, and that was formed within the 5-year period immediately preceding the date the alien files a petition for classification under section 101(a)(15)(W)(i).
(9)

United states business entity
The term United States business entity means any corporation, limited liability company, partnership, or other entity that is organized under Federal law or the laws of any State, and that conducts business in the United States, that is not an investment vehicle primarily engaged in the offer, purchase, sale or trading of securities, futures contracts, derivatives or similar instruments.
218B.

Admission of immigrant entrepreneurs
(a)

In general
The Secretary shall establish procedures for an alien who is eligible under subsection (c) to petition for classification as an immigrant entrepreneur.
(b)

Exclusion from numerical limitations
An alien classified as an immigrant entrepreneur under this section, and the spouse and children of such alien, shall be immediately eligible for immigrant visas and such visas shall not be subject to or counted against the numerical limitations under section 201, 202, or 203.
(c)

Eligibility criteria
The Secretary may approve a petition filed by an alien for classification as an immigrant entrepreneur under this section if the Secretary determines that—
(1)
the alien—
(A)
is present in the United States and has maintained status as a nonimmigrant under section 101(a)(15)(W)(i) or another nonimmigrant status pursuant to which the alien is employed by a start-up entity (as such term is defined in section 218A(f)(8));
(B)
has maintained an ownership interest in the start-up entity since its formation; and
(C)
plays an active and central role in the management or operations of the start-up entity;
(2)
the start-up entity has created at least 10 qualified jobs (as such term is defined in section 218A(f)(3)); and
(3)
the start-up entity has—
(A)
received not less than a total of $1,250,000 in qualifying investments, qualifying government grants or awards, or a combination of such funding; or
(B)
generated not less than $1,000,000 in annual revenue in the United States in the 2-year period preceding the filing of the petition.
(d)

Immigrant visa processing or adjustment of status
An alien classified as an immigrant entrepreneur under this section, and the spouse and children of such alien, may apply for an immigrant visa in accordance with the procedures described in section 221 or for adjustment of status under section 245 if such individuals are otherwise eligible for adjustment of status.
218C.

Inflation adjustment; fees
(a)

Inflation adjustment
The Secretary may adjust the monetary amounts described in paragraphs (1)(B)(iv) and (2)(B) of section 218A(a) and section 218B(c)(3) on a biennial basis by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the second preceding calendar year. Any such increase shall apply to aliens filing petitions on or after the date on which the increase takes effect.
(b)

Fees
(1)

In general
The Secretary may require an alien petitioning or applying for any benefit under section 218A or 218B to pay a reasonable fee that is commensurate with the cost of processing the petition or application.
(2)

Supplemental fee for STEM scholarships
(A)

In general
In addition to any required processing fee, the Secretary shall collect a $1,000 supplemental fee in connection with each petition for classification of an alien as a nonimmigrant under section 101(a)(15)(W)(i) or as an immigrant under section 218B.
(B)

Use
Supplemental fees collected under subparagraph (A) shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the National Science Foundation for purposes of providing scholarships for low-income individuals described in section 414(d)(2)(A) of the American Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(2)(A)), and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts.
(3)

Premium processing
Subject to any reasonable conditions, the Secretary shall establish premium processing procedures for petitions or applications filed under sections 218A and 218B in accordance with section 286(u) and the Emergency Stopgap USCIS Stabilization Act (Public Law 116–159).”.
(b)

Conforming amendment
The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218 the following:
“Sec. 218A. Start-up entities; admission of nonimmigrant entrepreneurs and employees.
Sec. 218B. Admission of immigrant entrepreneurs.
Sec. 218C. Inflation adjustment; fees.”.
80303.

Advanced degree stem graduates
(a)

In general
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
“(F)
(i)
Aliens who—
(I)
are described in paragraph (1) or (2) of section 203(b);
(II)
have earned a doctoral or, in the case of an alien who works in a critical industry (as such term is defined in section 20209 of the America COMPETES Act of 2022), a master’s degree in a program of study involving science, technology, engineering, or mathematics—
- (aa)
from a qualified United States research institution; or
- (bb)
from a foreign institution if such degree is the equivalent to a degree issued by a qualified United States research institution; and
(III)
are seeking admission to engage in work in the United States in a field related to such degree.
(ii)
Aliens who are a spouse or child of a principal alien described in clause (i), if accompanying or following to join the principal alien.”.
(b)

Procedures
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:
“(M)
(i)
Any alien desiring to be classified under section 201(b)(1)(F)(i) may file a petition with the Secretary of Homeland Security for such classification.
(ii)
(I)
In addition to any required processing fee, the Secretary shall collect a $1,000 supplemental fee in connection with each petition filed under clause (i) for classification of an alien under section 201(b)(1)(F)(i).
(II)
Supplemental fees collected under subclause (I) shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the National Science Foundation for purposes of providing scholarships for low-income individuals described in section 414(d)(2)(A) of the American Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(2)(A)), and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts.
(iii)
For purposes of section 201(b)(1)(F)(i):
(I)
The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(II)
The term minority-serving institution means any of the following (as described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))):
- (aa)
A Hispanic-serving institution.
- (bb)
An Alaska Native-serving institution or a Native Hawaiian-serving institution.
- (cc)
A Predominantly Black Institution.
- (dd)
An Asian American and Native American Pacific Islander-serving institution.
- (ee)
A Native American-serving nontribal institution.
(III)
The term program of study involving science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of agricultural sciences, natural resources and conservation, computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, health professions and related programs, or medical residency and fellowship programs, or the summary group subsets of accounting and related services and taxation.
(IV)
The term qualified United States research institution, when used with respect to an alien seeking status under section 201(b)(1)(F)(i), means an institution that—
- (aa)
is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and
- (bb)
for not less than 3 years during the period in which such alien was pursuing the doctoral degree, either—
(AA)
spent not less than $25,000,000 for research and development, as determined by the National Center for Science and Engineering Statistics of the National Science Foundation; or
(BB)
was classified by the Carnegie Foundation for the Advancement of Teaching as a doctorate-granting university with a very high level (R1) or high level (R2) of research activity and is a historically Black college or university or minority-serving institution.”.
(c)

Dual Intent for F nonimmigrants in STEM fields permitted
Notwithstanding section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)), an alien who is a bona fide student admitted to a program of study involving science, technology, engineering, or mathematics (as such term is defined in section 204(a)(1)(M) of such Act), may obtain a visa or be granted status under section 101(a)(15)(F) of such Act even if such alien intends to seek lawful permanent resident status in the United States.
80304.

Conforming amendments
(a)

Use of fee for low-Income scholarship program
Section 414(d)(4) of the of the American Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4)) is amended to read as follows:
“(4)

Funding
(A)

Amounts deposited in H-1B Nonimmigrant Petitioner Account
—The Director shall carry out this subsection with funds made available under section 286(s)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(3)). The Director may use not more than 50 percent of such funds for undergraduate programs for curriculum development, professional and workforce development, and to advance technological education. Funds for these other programs may be used for purposes other than scholarships.
(B)

Other immigration petition fees
Consistent with sections 218C(b)(2)(B) and 204(a)(1)(M)(ii)(II) of the Immigration and Nationality Act, the Director shall use funds made available under such sections to award scholarships under this subsection to individuals described in paragraph (2)(A).”.
(b)

Subsequent finding of non-Entitlement to classification
Section 204(e) of the Immigration and Nationality Act (8 U.S.C. 1154(e) is amended by inserting “section 201(b)(1)(F) or” before “subsection (a),”.
80305.

Rulemaking
(a)

In general
Not later than 180 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of State and the Secretary of Commerce, shall publish in the Federal Register, an interim final rule implementing the amendments made by this title. Notwithstanding section 553 of title 5, United States Code, the rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Secretary shall finalize such rule not later than 1 year after the date of the enactment of this title.
(b)

Designated qualified investors
The rule described in subsection (a) shall include—
(1)
procedures for individuals and organizations to request designation as qualified investors (as such term is defined in section 218A(f) of the Immigration and Nationality Act, as added by this title); and
(2)
streamlined filing procedures for petitions to classify an alien as an nonimmigrant under section 101(A)(15)(W)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(W)(i)), as added by this title, or as an immigrant under section 218B of such Act (as so added) based on a start-up entity that has received investment capital from one or more qualified investors that have been designated as such pursuant to the procedures described in paragraph (1).
80306.

Reciprocal visas for nationals of South Korea
(a)

In general
Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—
(1)
in clause (ii), by striking “or” after “capital;”; and
(2)
by adding at the end “or (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1);”.
(b)

Numerical limitation
Section 214(g) of such Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:
“(12)
(A)
The Secretary of State may not approve a number of initial applications submitted for aliens described in section 101(a)(15)(E)(iv) that is more than the applicable numerical limitations set out in this paragraph.
(B)
The applicable numerical limitation referred to in subparagraph (A) is 15,000 for each fiscal year.
(C)
The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not the spouses or children of such aliens.”.
(c)

Specialty occupation defined
Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended by striking “section 101(a)(15)(E)(iii),” and inserting “clauses (iii) and (iv) of section 101(a)(15)(E),”.
(d)

Attestation
Section 212(t) of such Act (8 U.S.C. 1182(t)), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act (Public Law 108–77; 117 Stat. 941), is amended—
(1)
by striking “or section 101(a)(15)(E)(iii)” each place it appears and inserting “or clause (iii) or (iv) of section 101(a)(15)(E)”; and
(2)
in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II), by striking “or 101(a)(15)(E)(iii)” each place it appears.
80307.

Special immigrant visas for certain Fulbright scholars
(a)

Special immigrant visas for certain scholars
Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1)
in paragraph (1), by striking “an alien described in subparagraph (A), (B), or (C) of paragraph (2)” and inserting “an alien described in subparagraph (A), (B), (C), or (D) of paragraph (2)”;
(2)
in paragraph (2)—
(A)
in subparagraph (A)(iii), by striking “subparagraph (D)” and inserting “subparagraph (E)”;
(B)
by redesignating subparagraphs (B), (C), (D), (E), and (F) as subparagraphs (C), (D), (E), (F), and (G), respectively;
(C)
by inserting after subparagraph (A) the following:
“(B)

Fulbright and other scholars as principal alien
An alien is described in this subparagraph if the alien is a national or citizen of Afghanistan and was selected between October 7, 2001 and August 31, 2022, to participate in—
(i)
the J. William Fulbright Educational Exchange Program authorized under section 102 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(a)(1)) including the Fulbright Scholar-in-Residence Grants and the Fulbright Foreign Language Teaching Assistant Program;
(ii)
the Hubert H. Humphrey Fellowship Program pursuant to section 112(a)(2) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)(2));
(iii)
the International Visitor Leadership Program pursuant to section 112(a)(3) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)(3)); or
(iv)
any other educational or cultural exchange activity administered by the Secretary of State pursuant to sections 102 or 112 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452; 22 U.S.C. 2460) for which the Secretary determines that a participating alien is eligible for a special immigrant visa under this paragraph.”; and
(D)
in subparagraph (C), as redesignated by subparagraph (B), by striking “subparagraph (A)” and inserting “subparagraph (A) or (B)”;
(3)
in paragraph (4)(C), by striking “an alien described in subparagraph (A), (B), or (C) of paragraph (2)” and inserting “an alien described in subparagraph (A), (B), (C), or (D) of paragraph (2)”;
(4)
in paragraph (5), by striking “an alien described in subparagraph (A), (B), or (C) of paragraph (2)” and inserting “an alien described in subparagraph (A), (B), (C), or (D) of paragraph (2)”;
(5)
in paragraph (6), by striking “an alien described in subparagraph (A), (B), or (C) of paragraph (2)” and inserting “an alien described in subparagraph (A), (B), (C), or (D) of paragraph (2)”; and
(6)
in paragraph (9), by striking “an alien described in subparagraph (A), (B), or (C) of paragraph (2)” and inserting “an alien described in subparagraph (A), (B), (C), or (D) of paragraph (2)”.
(b)

Numerical limitations
Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1)
by redesignating subparagraphs (B), (C), (D), (E), and (F) as subparagraphs (C), (D), (E), (F), and (G), respectively;
(2)
by inserting after subparagraph (A) the following new subparagraph:
“(B)

Fulbright and other scholars
An alien provided immigrant status pursuant to subparagraph (2)(B) shall not be counted against any numerical limitation under this section, or section 201, 202, 203, or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, 1153, and 1157).” ;
(3)
in subparagraph (E), as redesignated by paragraph (1),—
(A)
by striking “paragraph (C)” and inserting “subparagraph (D)”; and
(B)
by striking “subsection (b)(2)(D)” and inserting “paragraph (2)(E)”;
(4)
in subparagraph (F), as redesignated by paragraph (1),—
(A)
by striking “paragraph (2)(D)” and inserting “paragraph (2)(E)”; and
(B)
by striking “subparagraph (D)” each place that it appears and inserting “subparagraph (E)”; and
(5)
in subparagraph (G), as redesignated by paragraph (1), by striking “subparagraphs (D) and (E)” and inserting “subparagraphs (E) and (F)”.
80308.

Citizenship for certain children born outside the United States
(a)

In general
Section 104 of the Child Citizenship Act of 2000 (8 U.S. C. 1431 note) is amended to read as follows:
“104.

Effective date
The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply—
(1)
to individuals who satisfy the requirements of section 320 of the Immigration and Nationality Act (8 U.S.C. 1431), before, on, or after the date of the enactment of this Act; and
(2)
to individuals who satisfy the requirements of section 322 (8 U.S.C. 1433) of the Immigration and Nationality Act, as in effect on such effective date.”.
(b)

Effective date
(1)

In general
The amendments made by this section shall take effect on the date of the enactment of this section.
(2)

Limitation
An individual who, before the date of the enactment of the Child Citizenship Act of 2000 (Public Law 106–395), satisfied the requirements of section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)), or section 320(b) of such Act, if applicable, is deemed to be a citizen of the United States as of the date of the enactment of this section if such individual is not a citizen of the United States under any other Act.
80309.

Foreign Corruption Accountability
(a)

Findings
Congress finds the following:
(1)
When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries’ economic health and harm citizens.
(2)
By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies.
(3)
The Special Inspector General for Afghan Reconstruction’s 2016 report “Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan” included the recommendation, “Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.”.
(b)

Authorization of imposition of sanctions
(1)

In general
The Secretary of State may impose the sanctions described in paragraph (2) with respect to any foreign person who is an individual the Secretary of State determines—
(A)
engages in public corruption activities against a United States person, including—
(i)
soliciting or accepting bribes;
(ii)
using the authority of the state to extort payments; or
(iii)
engaging in extortion; or
(B)
conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in subparagraph (A).
(2)

Sanctions described
(A)

Inadmissibility to United States
A foreign person who is subject to sanctions under this section shall be—
(i)
inadmissible to the United States;
(ii)
ineligible to receive a visa or other documentation to enter the United States; and
(iii)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B)

Current visas revoked
(i)

In general
The visa or other entry documentation of a foreign person who is subject to sanctions under this section shall be revoked regardless of when such visa or other entry documentation is issued.
(ii)

Effect of revocation
A revocation under clause (i) shall—
(I)
take effect immediately; and
(II)
automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
(3)

Exception to comply with law enforcement objectives and agreement regarding headquarters of United Nations
Sanctions described under paragraph (2) shall not apply to a foreign person if admitting the person into the United States—
(A)
would further important law enforcement objectives; or
(B)
is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
(4)

Termination of sanctions
The Secretary of State may terminate the application of sanctions under this subsection with respect to a foreign person if the Secretary of State determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—
(A)
the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity;
(B)
the Secretary of State has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or
(C)
the termination of the sanctions is in the national security interests of the United States.
(5)

Regulatory authority
The Secretary of State shall issue such regulations, licenses, and orders as are necessary to carry out this subsection.
(6)

Appropriate congressional committees defined
In this subsection, the term appropriate congressional committees means—
(A)
the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives; and
(B)
the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.
(c)

Reports to Congress
(1)

In general
The Secretary of State shall submit to the appropriate congressional committees, in accordance with paragraph (2), a report that includes—
(A)
a list of each foreign person with respect to whom the Secretary of State imposed sanctions pursuant to subsection (b) during the year preceding the submission of the report;
(B)
the number of foreign persons with respect to which the Secretary of State—
(i)
imposed sanctions under subsection (b)(1) during that year; and
(ii)
terminated sanctions under subsection (b)(4) during that year;
(C)
the dates on which such sanctions were imposed or terminated, as the case may be;
(D)
the reasons for imposing or terminating such sanctions;
(E)
the total number of foreign persons considered under subsection (b)(3) for whom sanctions were not imposed; and
(F)
recommendations as to whether the imposition of additional sanctions would be an added deterrent in preventing public corruption.
(2)

Dates for submission
(A)

Initial report
The Secretary of State shall submit the initial report under paragraph (1) not later than 120 days after the date of the enactment of this Act.
(B)

Subsequent reports
The Secretary of State shall submit a subsequent report under paragraph (1) on December 10, or the first day thereafter on which both Houses of Congress are in session, of—
(i)
the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and
(ii)
each calendar year thereafter.
(3)

Form of report
(A)

In general
Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(B)

Exception
The name of a foreign person to be included in the list required by paragraph (1)(A) may be submitted in the classified annex authorized by subparagraph (A) only if the Secretary of State—
(i)
determines that it is vital for the national security interests of the United States to do so; and
(ii)
uses the annex in a manner consistent with congressional intent and the purposes of this section.
(4)

Public availability
(A)

In general
The unclassified portion of the report required by paragraph (1) shall be made available to the public, including through publication in the Federal Register.
(B)

Nonapplicability of confidentiality requirement with respect to visa records
The Secretary of State shall publish the list required by paragraph (1)(A) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.
(5)

Appropriate congressional committees defined
In this subsection, the term appropriate congressional committees means—
(A)
the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and
(B)
the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
(d)

Sunset
(1)

In general
The authority to impose sanctions under subsection (b) and the requirements to submit reports under subsection (c) shall terminate on the date that is 6 years after the date of enactment of this Act.
(2)

Continuation in effect of sanctions
Sanctions imposed under subsection (b) on or before the date specified in paragraph (1), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of subsection (b)(4).
(e)

Definitions
In this section:
(1)

Entity
The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
(2)

Foreign person
The term foreign person means a person that is not a United States person.
(3)

United States person
The term United States person means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
(4)

Person
The term person means an individual or entity.
(5)

Public corruption
The term “public corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.
IV

Admission of essential scientists and technical experts
80401.

Admission of essential scientists and technical experts to promote and protect National Security Innovation Base
(a)

Special immigrant status
In accordance with the procedures established under subsection (f)(1), and subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) (and the spouse and children of the alien if accompanying or following to join the alien) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—
(1)
submits a classification petition under section 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2)
is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence.
(b)

Aliens described
An alien is described in this subsection if—
(1)
the alien—
(A)
is employed by a United States employer and engaged in work to promote and protect the National Security Innovation Base;
(B)
is engaged in basic or applied research, funded by the Department of Defense, through a United States institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
(C)
possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and
(2)
the Secretary of Defense issues a written statement to the Secretary of Homeland Security confirming that the admission of the alien is essential to advancing the research, development, testing, or evaluation of critical technologies described in paragraph (1)(C) or otherwise serves national security interests.
(c)

Numerical limitations
(1)

In general
The total number of principal aliens who may be provided special immigrant status under this section may not exceed—
(A)
10 in each of fiscal years 2022 through 2030; and
(B)
100 in fiscal year 2031 and each fiscal year thereafter.
(2)

Exclusion from numerical limitation
Aliens provided special immigrant status under this section shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(d)

Defense competition for scientists and technical experts
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a process to select, on a competitive basis from among individuals described in subsection (b), individuals for recommendation to the Secretary of Homeland Security for special immigrant status described in subsection (a).
(e)

Authorities
In carrying out this section, the Secretary of Defense shall authorize appropriate personnel of the Department of Defense to use all personnel and management authorities available to the Department, including the personnel and management authorities provided to the science and technology reinvention laboratories, the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code), and the Defense Advanced Research Projects Agency.
(f)

Procedures
Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly establish policies and procedures implementing the provisions in this section, which shall include procedures for—
(1)
processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and
(2)
thorough processing of any required security clearances.
(g)

Fees
The Secretary of Homeland Security shall establish a fee—
(1)
to be charged and collected to process an application filed under this section; and
(2)
that is set at a level that will ensure recovery of the full costs of such processing and any additional costs associated with the administration of the fees collected.
(h)

Implementation report required
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly submit to the appropriate congressional committees a report that includes—
(1)
a plan for implementing the authorities provided under this section; and
(2)
identification of any additional authorities that may be required to assist the Secretaries in fully implementing section.
(i)

Program evaluation and report
(1)

Evaluation
The Comptroller General of the United States shall conduct an evaluation of the competitive program and special immigrant program described in subsections (a) through (g).
(2)

Report
Not later than October 1, 2026, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the evaluation conducted under paragraph (1).
(j)

Definitions
In this section:
(1)
The term appropriate congressional committees means—
(A)
the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives; and
(B)
the Committee on Armed Services and the Committee on the Judiciary of the Senate.
(2)
The term National Security Innovation Base means the network of persons and organizations, including Federal agencies, institutions of higher education, Federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and non-military research, development, funding, and production of innovative technologies that support the national security of the United States.
V

Criminal provisions
80501.

Justice for Victims of Kleptocracy
(a)

Forfeited property
(1)

In general
Chapter 46 of title 18, United States Code, is amended by adding at the end the following:
“988.

Accounting of certain forfeited property
(a)

Accounting
The Attorney General shall make available to the public an accounting of any property relating to foreign government corruption that is forfeited to the United States under section 981 or 982.
(b)

Format
The accounting described under subsection (a) shall be published on the website of the Department of Justice in a format that includes the following:
(1)
A heading as follows: “Assets stolen from the people of ______ and recovered by the United States”, the blank space being filled with the name of the foreign government that is the target of corruption.
(2)
The total amount recovered by the United States on behalf of the foreign people that is the target of corruption at the time when such recovered funds are deposited into the Department of Justice Asset Forfeiture Fund or the Department of the Treasury Forfeiture Fund
(c)

Updated website
The Attorney General shall update the website of the Department of Justice to include an accounting of any new property relating to foreign government corruption that has been forfeited to the United States under section 981 or 982 not later than 14 days after such forfeiture, unless such update would compromise an ongoing law enforcement investigation.”.
(2)

Clerical amendment
The table of sections for chapter 46 of title 18, United States Code, is amended by adding at the end the following:
“988. Accounting of certain forfeited property.”.
(b)

Sense of Congress
It is the sense of Congress that recovered assets be returned for the benefit of the people harmed by the corruption under conditions that reasonably ensure the transparent and effective use, administration and monitoring of returned proceeds.
VI

Other matters
80601.

Registration of agent
(a)

In general
Chapter 190 of title 28, United States Code, is amended by adding at the end the following new section:
“5002.

Registration of an agent for the service of process on covered entities
(a)

In general
A covered entity conducting business in the United States shall register with the Department of Commerce not less than one agent residing in the United States if the covered entity—
(1)
is organized under the laws of, or has its principal place of business in, a foreign country;
(2)
is traded in shares and such shares are held in majority by any individual or group of individuals reside in a foreign country; or
(3)
is owned by individuals or other entities who reside or are headquartered outside of the United States and the majority of business earnings of the covered entity are derived from commerce outside of the United States.
(b)

Filing
A registration required under subsection (a) shall be filed with the Department of Commerce not later than 30 days after—
(1)
the date of enactment of this Act; or
(2)
the departure of the previously registered agent from employment or contract with the covered entity.
(c)

Purpose of registered agent
(1)

Availability
A covered entity shall ensure that not less than one registered agent on whom process may be served is available at the business address of the registered agent each day from 9 a.m. to 5 p.m. in the time zone of the business address, excluding Saturdays, Sundays, and Federal holidays.
(2)

Communication
The registered agent shall be required to be available to accept service of process on behalf of the covered entity under which the agent is registered by the means of any communication included in the registration submitted to the Department of Commerce.
(d)

Cooperation
A registered agent shall cooperate in good faith with the United States Government and representatives of other individuals and entities.
(e)

Required information
The registration submitted to the Department of Commerce shall include the following information:
(1)
The name of the covered entity registering an agent under this section.
(2)
The name of the Chief Executive Officer, President, Partner, Chairman, or other controlling individual of the covered entity.
(3)
The name of the individual who is being registered as the agent for the service of process.
(4)
The business address of the covered entity registering an agent under this section.
(5)
The business address of the individual who is being registered as the agent for the service of process.
(6)
Contact information, including an email address and phone number for the individual who is being registered as the agent for the service of process.
(7)
The date on which the agent shall begin to accept service of process under this section.
(f)

Website
The information submitted to the Department of Commerce pursuant to this section shall be made available on a publicly accessible database on the website of the Department of Commerce.
(g)

Personal jurisdiction
A covered entity that registers an agent under this section thereby consents to the personal jurisdiction of the State or Federal courts of the State in which the registered agent is located for the purpose of any regulatory proceeding or civil action relating to such covered entity.
(h)

Definitions
In this section:
(1)

Covered entity
The term covered entity means—
(A)
a corporation, partnership, association, organization, or other combination of persons established for the purpose of commercial activities; or
(B)
a trust or a fund established for the purpose of commercial activities.
(2)

Department of Commerce
The term Department of Commerce means the United States Department of Commerce.”.
(b)

Clerical amendment
The table of sections for chapter 190 of title 28, United States Code, is amended by adding at the end the following:
“5002. Registration of an agent for the service of process on covered entities.”.
J

Committee on Education and Labor
I

National Apprenticeship Act of 2022
90101.

Short title
This title may be cited as the “National Apprenticeship Act of 2022”.
90102.

Effective date
This title, and the amendments made by this title, shall take effect beginning on October 1, 2022.
90103.

Amendment
The Act of August 16, 1937 (commonly referred to as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows:
“1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “National Apprenticeship Act”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Programs under the national apprenticeship system.
Sec. 4. Transition provisions.
Sec. 5. Disaggregation of data.
Sec. 6. Relation to other laws.
Title I—Promoting Programs Under the National Apprenticeship System
Subtitle A—The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement
Sec. 111. The Office of Apprenticeship.
Sec. 112. National Advisory Committee on Apprenticeships.
Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship.
Sec. 114. Interagency agreement with Department of Education.
Subtitle B—Process and Standards for the National Apprenticeship System
Sec. 121. Occupations suitable for apprenticeship.
Sec. 122. Quality standards of programs under the national apprenticeship system.
Sec. 123. Apprenticeship agreements.
Sec. 124. Registration of programs under the national apprenticeship system.
Subtitle C—Evaluations and Research
Sec. 131. Program evaluations.
Sec. 132. National apprenticeship system research.
Subtitle D—General Provisions
Sec. 141. Authorization of appropriations.
Title II—Modernizing the National Apprenticeship System for the 21st Century Grants
Sec. 201. Grant requirements.
Sec. 202. Uses of Funds.
Sec. 203. Grant evaluations.
Sec. 204. Authorization of appropriations for grants.
2.

Definitions
In this Act:
(1)

Administrator
The term Administrator means the Administrator of the Office of Apprenticeship established under section 111(a).
(2)

Advisory Committee
The term Advisory Committee means the National Advisory Committee on Apprenticeships established under section 112.
(3)

Apprentice
The term apprentice means an individual who is—
(A)
at least 16 years of age, except where a higher minimum age standard is otherwise required by law;
(B)
employed by an employer that sponsors or participates in an apprenticeship program; and
(C)
a participant of such an apprenticeship program.
(4)

Apprenticeship agreement
The term apprenticeship agreement means a written agreement under section 123 between—
(A)
an apprentice, a youth apprentice, or a pre-apprentice; and
(B)
a sponsor.
(5)

Apprenticeship hub
The term apprenticeship hub means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of programs under the national apprenticeship system.
(6)

Apprenticeship program
The term apprenticeship program means a program that meets the standards described in section 122(b) and is registered under this Act.
(7)

Competency
The term competency means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement.
(8)

Department
The term Department means the Department of Labor.
(9)

Education and training provider
The term education and training provider means—
(A)
an area career and technical education school;
(B)
an early college high school;
(C)
an educational service agency;
(D)
a high school;
(E)
a local educational agency or State educational agency;
(F)
a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution;
(G)
a postsecondary educational institution;
(H)
a minority-serving institution;
(I)
a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.);
(J)
a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741);
(K)
a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency;
(L)
a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or
(M)
a consortium of entities described in any of subparagraphs (A) through (L).
(10)

Eligible entity
(A)

In general
The term eligible entity means—
(i)
a program sponsor;
(ii)
a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency;
(iii)
an education and training provider, or a consortium thereof;
(iv)
if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency;
(v)
an Indian Tribe or Tribal organization;
(vi)
an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system;
(vii)
a Governor of a State;
(viii)
a labor organization or joint labor-management organization; or
(ix)
a qualified intermediary.
(B)

Sponsor requirement
Not fewer than one entity under subparagraph (A) shall be the sponsor of a program under the national apprenticeship system.
(11)

Indian Tribe; Tribal organization
The terms Indian Tribe and Tribal organization have the meaning given the terms (without regard to capitalization) in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(12)

Interim credential
The term interim credential means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in a program under the national apprenticeship system.
(13)

Journeyworker
The term journeyworker means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation.
(14)

Minority-serving institution
The term minority-serving institution means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
(15)

National apprenticeship system
The term national apprenticeship system means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that are coordinated by the Office of Apprenticeship and State apprenticeship agencies.
(16)

National program standards of apprenticeship
The term national program standards of apprenticeship means a set of apprenticeship program standards developed and adopted by a sponsor that—
(A)
are designed for nontraditional apprenticeship occupations;
(B)
are demonstrably national or multi-State in their design, suitability, and scope; and
(C)
are registered on a nationwide basis by the Office of Apprenticeship upon having satisfied the requirements of this Act.
(17)

Nontraditional apprenticeship population
The term nontraditional apprenticeship population means a group of individuals (such as individuals from the same gender, race, or ethnicity), the members of which—
(A)
comprise fewer than 25 percent of the program participants in a program under the national apprenticeship system; or
(B)
comprise a percentage of individuals employed in an occupation that is lower than the percentage of the total population comprised by such members, based on the most recent satisfactory data from the Bureau of the Census.
(18)

Nontraditional apprenticeship occupation
(A)

In general
The term nontraditional apprenticeship occupation means an occupation in an industry sector which has an average program participant rate of fewer than 10 percent for each of the 5 preceding years.
(B)

Program participant rate
In this paragraph, the term program participant rate, when used with respect to an occupation in an industry sector, means the percentage of the total program participants that participate in a program under the national apprenticeship system in such occupation.
(19)

Occupations suitable for apprenticeship
The term occupations suitable for apprenticeship means an occupation that the Administrator has determined meets the requirements of section 121.
(20)

Outlying area
The term outlying area means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
(21)

Pre-apprentice
The term pre-apprentice means a participant in a pre-apprenticeship program.
(22)

Pre-apprenticeship program
The term pre-apprenticeship program means a training model or program that—
(A)
prepares individuals for acceptance into an apprenticeship program;
(B)
meets the standards described in section 122(c); and
(C)
is registered under this Act.
(23)

Program participant
The term program participant means an apprentice, a pre-apprentice, or a youth apprentice.
(24)

Qualified intermediary
(A)

In general
The term qualified intermediary means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by—
(i)
connecting employers to programs under the national apprenticeship system;
(ii)
assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction;
(iii)
supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act;
(iv)
providing professional development activities such as training to mentors;
(v)
supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment;
(vi)
developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising;
(vii)
providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or
(viii)
serving as a program sponsor.
(B)

Partnerships
The term partnerships described in subparagraph (B) means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including—
(i)
industry or sector partnerships;
(ii)
partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans-service organizations in the State workforce development system; or
(iii)
partnerships among one or more of the entities described in clauses (i) and (ii).
(25)

Recognized postsecondary credential
The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship.
(26)

Registration agency
The term registration agency means the Office of Apprenticeship or State apprenticeship agency in a State that is responsible for—
(A)
registering programs under the national apprenticeship system and program participants in the State or area covered by such Office or agency; and
(B)
carrying out the responsibilities of supporting the youth apprenticeship, pre-apprenticeship, or apprenticeship programs registered by such Office or agency, including—
(i)
providing technical assistance to such programs and sponsors of such programs; and
(ii)
conducting regular quality assurance assessments and reviews of such programs to ensure their compliance with the minimum labor standards and the equal employment opportunity requirements of Act.
(27)

Related instruction
The term related instruction means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C).
(28)

Related Federal programs
The term related Federal programs means programs or activities under the following:
(A)
The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), including adult education and literacy activities under such Act.
(B)
The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(C)
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(D)
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(E)
The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(F)
Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
(G)
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(H)
The postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(I)
Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(J)
Chapter 41 of title 38, United States Code.
(K)
Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
(L)
State unemployment compensation laws (in accordance with applicable Federal law).
(M)
Section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541).
(N)
Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(O)
Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration.
(P)
Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(Q)
Educational assistance programs under chapters 30 through 36 of title 38, United States Code.
(29)

Secretary
The term Secretary means the Secretary of Labor.
(30)

Sponsor
The term sponsor means any employer, joint labor-management organization, trade association, committee, professional association, labor organization, education and training provider, or qualified intermediary—
(A)
in whose name a program under the national apprenticeship system is (or is to be) registered or approved by a registration agency; and
(B)
that assumes responsibility for the implementation of such program.
(31)

State
The term State—
(A)
has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and
(B)
includes each of the outlying areas.
(32)

State apprenticeship agency
The term State apprenticeship agency means a State agency recognized as a State apprenticeship agency under section 113.
(33)

State apprenticeship council
The term State apprenticeship council means an entity established under section 113(b)(3) to assist the State apprenticeship agency.
(34)

State office of apprenticeship
The term State office of apprenticeship means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3).
(35)

State or local workforce development boards
The terms State workforce development board and local workforce development board have the meanings given the terms State board and local board, respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(36)

State workforce agency
The term State workforce agency means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
(37)

CTE terms
The terms area career and technical education school, articulation agreement, credit transfer agreement, postsecondary educational institution, Tribally controlled college or university, Tribally controlled postsecondary career and technical institution, and work-based learning have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(38)

ESEA terms
The terms dual or concurrent enrollment program, early college high school, education service agency, high school, local educational agency, paraprofessional, and State educational agency have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(39)

Tribal educational agency
The term Tribal educational agency has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452).
(40)

WIOA terms
The terms career pathway, dislocated worker, in-demand industry sector or occupation, individual with a barrier to employment, industry or sector partnership, labor market area, local area, one-stop center, one-stop operator, one-stop partner, supportive services, and workforce development system have the meanings given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(41)

Youth apprentice
The term youth apprentice means a participant in a youth apprenticeship program.
(42)

Youth apprenticeship program
The term youth apprenticeship program means a model or program that meets the standards described in section 122(d) and is registered under this Act.
3.

Programs under the national apprenticeship system
Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of program under the national apprenticeship system.
4.

Transition provisions
(a)

In general
The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by National Apprenticeship Act of 2022) from any authority under this Act as in effect on the day before the date of enactment of the National Apprenticeship Act of 2022.
(b)

Rules and regulations
The Secretary of Labor may—
(1)
prescribe, in accordance with chapter 5 of title 5, United States Code, rules and regulations to carry out this Act to the extent necessary to administer and ensure compliance with the requirements of this Act; and
(2)
continue to administer any regulations in effect as of the date of enactment of the National Apprenticeship Act of 2022 that are not inconsistent with this Act.
5.

Disaggregation of data
(a)

In general
The disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information.
(b)

Exception
This section shall not apply with respect to the disaggregation of data for the purposes of research and evaluation under section 132.
6.

Relation to other laws
Nothing in this Act shall invalidate, supersede, or limit the remedies, rights, and procedures under any Federal, State, or local law, or the law of any State or political subdivision of any State or jurisdiction establishing minimum labor standards of apprenticeship or minimum requirements for equal employment opportunity in connection with programs under the national apprenticeship system that are more protective than those established under this Act, including those laws governing the numeric ratio of apprentices to journeyworkers, the minimum starting age of an apprentice, the minimum entry wage payable to a program participant, the minimum number of hours of on-the-job learning or related instruction required by an apprenticeship program, and the provision of remedies, rights, and procedures that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, gender identity, age, genetic information, or disability than are afforded by this Act.
I

Promoting Programs Under the National Apprenticeship System
A

The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement
111.

The Office of Apprenticeship
(a)

Establishment of the Office of Apprenticeship
(1)

In general
There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the “Office”), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office to facilitate the administration of the requirements of this Act and of any regulations issued under this Act, to coordinate the effective operation of the national apprenticeship system, and to fulfill and advance the specific duties and objectives described in this Act.
(2)

Final decision-making authority
The Office of Apprenticeship shall retain final decision-making authority on all matters related to the registration, deregistration, and operation of programs registered by a registration agency for Federal purposes.
(b)

Responsibilities
The Administrator shall be responsible for the administration of this Act, including:
(1)

Promotion and awareness activities
The Administrator shall carry out promotion and awareness activities, including the following:
(A)
Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre-apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal and State correctional facilities, veterans-service organizations, and prospective apprentices in such programs.
(B)
Promoting greater diversity in the national apprenticeship system including by—
(i)
(I)
promoting outreach to nontraditional apprenticeship populations, including by engaging schools that participate in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and minority-serving institutions;
(II)
disseminating best practices to recruit nontraditional apprenticeship populations, women, minorities, long-term unemployed, individuals with a disability, individuals recovering from substance abuse disorders, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; and
(III)
engaging small, medium-size, women-owned, and minority-owned businesses, and employers in high-skill, high-wage, and in-demand industry sectors and occupations that are nontraditional apprenticeship occupations; and
(ii)
supporting the participation and retention of apprentices and employers described in clause (i) in the national apprenticeship system.
(2)

Technical assistance activities
The Administrator shall carry out technical assistance activities, including the following:
(A)
Providing technical assistance to—
(i)
assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including developing the State plan in section 113(c), the process and standards described in subtitle B, and the evaluation and research requirements described in subtitle C;
(ii)
receive and resolve comments or complaints from youth apprentices, pre-apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders;
(iii)
assist sponsors, employers, qualified intermediaries, and education and training or related instruction providers, or other entities interested in becoming sponsors, or seeking support for developing programs under the national apprenticeship system or effectively carrying out such programs, including providing assistance for remote or virtual learning or training, as necessary;
(iv)
assist those applying for or carrying out grants, contracts, or cooperative agreements under title II, including through facilitating the sharing of best practices;
(v)
share, through a national apprenticeship system clearinghouse, high-quality materials for programs under the national apprenticeship system, such as related instruction or training materials, in user-friendly formats and languages that are easily accessible, as determined by the Administrator; and
(vi)
assist State apprenticeship agencies in establishing or expanding apprenticeship hubs as is required in section 113(c)(7).
(B)
Cooperating with other Federal agencies for the promotion and adoption of programs under the national apprenticeship system, including the—
(i)
Secretary of Education in—
(I)
providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with State education systems and education and training providers; and
(II)
supporting the stackability and portability of academic credit and credentials earned as part of such programs, including through articulation agreements and career pathways;
(ii)
State workforce development systems to promote awareness of opportunities under the national apprenticeship system;
(iii)
Attorney General and the Director of the Bureau of Prisons in providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with a mentoring program administered by the Attorney General to—
(I)
support the establishment or expansion of pre-apprenticeships and apprenticeship programs to all Federal correctional institutions;
(II)
share through the national apprenticeship system clearinghouse research and best practices for programs under the national apprenticeship system in correctional settings and for individuals impacted by the criminal and juvenile justice system;
(III)
provide technical assistance for State prison systems and employers seeking to operate or improve corrections-based pre-apprenticeship or apprenticeship programs; and
(IV)
support the successful transition of individuals in correctional institutions to pre-apprenticeship or apprenticeship programs upon exiting from correctional settings; and
(iv)
Secretary of Health and Human Services to coordinate with State programs for temporary assistance to needy families funded under part A of title VI of the Social Security Act to promote awareness of opportunities under the national apprenticeship system for participants in such State programs.
(3)

State offices of apprenticeship
(A)

Establishment of offices
(i)

In general
The Administrator shall establish and operate a State Office of Apprenticeship in a State described in clause (ii) to serve as the registration agency for such State.
(ii)

Applicable States
A State described in this clause is a State—
(I)
in which, as of the day before the date of enactment of the National Apprenticeship Act of 2022, there is no State Office of Apprenticeship; and
(II)
that has not applied for recognition as a State apprenticeship agency under section 113, or for which such recognition has not provided or has been withdrawn by the Administrator under such section.
(B)

State plan requirement
Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c).
(C)

Vacancies
Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall—
(i)
make information on such vacancy available on a publicly accessible website; and
(ii)
report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, on the status and length of such vacancy if such vacancy is not filled not later than 90 days after such position has become vacant.
(D)

Rule of construction
Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote programs under the national apprenticeship system in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State.
(4)

Quality standards, apprenticeship agreement, and registration review
In order for the Secretary, acting through the Administrator, to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants, and to extend the application of such standards in apprenticeship agreements, not later than 1 year after the effective date of the National Apprenticeship Act of 2022, and at least every 3 years thereafter, the Administrator shall review, and where appropriate, update the process for meeting the requirements of subtitle B, including applicable subregulatory guidance and registration processes to ensure that such process is easily accessible and efficient to bring together employers and labor as sponsors or potential sponsors of programs under the national apprenticeship system.
(5)

Occupations suitable for apprenticeship
(A)

Existing occupations
The Administrator shall regularly review and update the requirements for each approved occupation suitable for apprenticeship to ensure that such requirements are in compliance with requirements under this Act.
(B)

New occupation
(i)

In general
The Administrator shall review and make a determination on whether to approve an occupation suitable for apprenticeship not later than 45 days after receiving an application from a person seeking such approval from the Administrator.
(ii)

Estimated timeline
If such determination is not made with such 45 days, the Administrator shall provide the applicant with a written explanation for the delay and offer an estimated timeline for a determination that does not to exceed 90 days after the date of such written explanation.
(C)

National occupational standards
(i)

In general
From the funds appropriated under section 141(a), the Administrator shall convene, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), the industry sector leaders and experts described in clause (ii) for the purposes of establishing or updating specific frameworks of national occupational standards for occupations suitable for apprenticeship (including potential occupations) that—
(I)
meet the requirements of this Act; and
(II)
describe program scope and length, related instruction, on-the-job training, recognized postsecondary credentials, and competencies, and relevant timelines for review of such frameworks.
(ii)

Industry sector leaders and experts
The industry sector leaders and experts are employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, national qualified intermediaries, including those supporting increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship occupations, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Administrator.
(iii)

Priority national occupations suitable for apprenticeship
In establishing frameworks under clause (i) for the first time after the effective date of the National Apprenticeship Act of 2022, the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in-demand industry sectors and occupations.
(D)

Regulations
Not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2022, the Secretary shall issue regulations that outline a process for proactively establishing and approving standards and requirements for occupations suitable for apprenticeship in consultation with the industry sector leaders and experts described in subparagraph (C)(ii).
(E)

Nontraditional apprenticeship populations
The Administrator shall regularly evaluate the participation of the nontraditional apprenticeship populations for each of the approved occupations suitable for apprenticeship, such as women, minorities, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth.
(6)

Program Oversight and Evaluation
The Administrator shall—
(A)
monitor State apprenticeship agencies, State Offices of Apprenticeship, grantees, and sponsors of programs under the national apprenticeship system to ensure compliance with the requirements of this Act;
(B)
provide technical assistance to assist such entities with such compliance or program performance;
(C)
conduct research and evaluation in accordance with subtitle C; and
(D)
require regular reports on the performance of state agencies, including on efforts state agencies make to increase employer awareness of apprenticeship programs for employers who have not participated.
(7)

Promoting diversity in the national apprenticeship system
The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including—
(A)
taking steps necessary to promote diversity in occupations suitable for apprenticeship under the national apprenticeship system, especially in high-skill, high-wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals;
(B)
ensuring programs under the national apprenticeship system—
(i)
adopt and implement the policies and programs described in part 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2022); and
(ii)
are subject, for any violation of clause (i), to enforcement action under this Act; and
(C)
supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, low-income participants in related Federal programs, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable.
(8)

Grant awards
The Administrator shall award grants, contracts, or cooperative agreements under title II.
(9)

National advisory committee
The Administrator shall—
(A)
regularly consult with the National Advisory Committee on Apprenticeships under section 112; and
(B)
ensure that the required recommendations and other reports of the Advisory Committee are submitted to the Secretary and transmitted to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(10)

Coordination
The Administrator shall coordinate and align programs under the national apprenticeship system with related Federal programs, to better promote participation in the national apprenticeship program.
(c)

Information collection and dissemination
The Administrator shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including—
(1)
not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2022, establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, grantees under title II, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that—
(A)
is developed and maintained by the Administrator, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);
(B)
best meets the needs of the national apprenticeship system stakeholders reporting data to the Administrator or State apprenticeship agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and
(C)
is aligned with data from the performance reviews under section 131(b)(1)(A);
(2)
providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is consumer tested and is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including—
(A)
information on program offerings under the national apprenticeship system based on geographical location and occupations suitable for apprenticeship;
(B)
information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings;
(C)
information about the educational and occupational credentials and related competencies of programs under such system; and
(D)
information based on the most recent data available to the Office that is consistent with national standards and practices.
112.

National Advisory Committee on Apprenticeships
(a)

Establishment
(1)

In general
There is established, in the Department of Labor, a National Advisory Committee on Apprenticeships.
(2)

Composition
(A)

Appointments
The Advisory Committee shall consist of 27 voting members described in subparagraph (B) appointed by the Secretary.
(B)

List of individuals
The individuals described in this subparagraph are—
(i)
9 representatives of employers or industry associations who participate in an apprenticeship program (at least 1 of which represents a women, minority, or veteran-owned business), including representatives of employers representing nontraditional apprenticeship occupations, and other high-skill, high-wage, or in-demand industry sectors or occupations, as applicable;
(ii)
9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor-management organization and from nontraditional apprenticeship occupations), at least 1 of which represent employees primarily in the building trades and construction industry;
(iii)
1 representative of each from—
(I)
a State apprenticeship agency;
(II)
a State or local workforce development board with significant expertise in supporting a program under the national apprenticeship system;
(III)
a community organization with significant expertise supporting such a program;
(IV)
an area career and technical education school or local educational agency;
(V)
a State apprenticeship council;
(VI)
a State or local postsecondary education and training providers that administers, or has not less than 1 articulation agreement with an entity administering, a program under the national apprenticeship system;
(VII)
a provider of an industry recognized credential;
(VIII)
a national qualified intermediary, including a national qualified intermediary that supports increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship occupations; and
(IX)
a program participant.
(C)

Ex officio nonvoting members
The Advisory Committee shall consist of ex officio nonvoting members from each of the following departments, selected by the applicable Secretary—
(i)
the Department of Labor;
(ii)
the Department of Commerce;
(iii)
the Department of Education;
(iv)
the Department of Energy;
(v)
the Department of Housing and Urban Development;
(vi)
the Department of Transportation;
(vii)
the Department of Veterans Affairs;
(viii)
the Department of Health and Human Services;
(ix)
the Department of Justice;
(x)
the Department of Defense; and
(xi)
the Federal Communications Commission.
(D)

Recommendations
The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate may each recommend to the Secretary an individual described in clause (i) or (ii) of subparagraph (B) for appointment under subparagraph (A) who shall be subject to the requirements of paragraph (3).
(3)

Qualifications
An individual shall be selected under paragraph (1) on the basis of the experience and competence of such individual with respect to programs under the national apprenticeship system.
(4)

Terms
(A)

In general
Each voting member of the Advisory Committee shall be appointed for a term of 3 years, except as provided in subparagraphs (B) through (D).
(B)

Terms of initial appointees
(i)

In general
The appointments of the initial members of the Advisory Committee shall be made not later than 6 months after the effective date of the National Apprenticeship Act of 2022.
(ii)

Staggering of terms
As designated by the Secretary at the time of the appointment, of the members first appointed—
(I)
one-third of such members shall serve a 1-year term;
(II)
one-third of such members shall serve a 2-year term; and
(III)
one-third of such members shall serve a 3-year term.
(C)

Vacancies
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made, except that such appointment shall be made not later than 90 days after the date of the vacancy. A member who fulfilled a partial term as the result of a vacancy may, at the end that term, be appointed to a full term.
(D)

Multiple terms
A voting member of the Advisory Committee may serve not more than 2 full terms on the Advisory Committee.
(E)

Subcommittees
The Secretary may establish subcommittees under the Advisory Committee, which shall be composed in equal number of representatives from individuals listed in subclauses (I), (II), and (III) of subparagraph (B)(ii) to carry out specific functions related to the purposes of the Advisory Committee, and provide recommendations to the Advisory Committee for the review and consideration of the Advisory Committee, and which may meet, as appropriate, when the Advisory Committee is not meeting in accordance with subsection (c).
(b)

Chairperson
The Secretary shall designate one of the voting members described in subsection (a)(2)(A) of the Advisory Committee to serve as Chairperson of the Advisory Committee.
(c)

Meetings
(1)

In general
The Advisory Committee shall meet at the call of the Secretary and shall hold not fewer than 4 meetings during each calendar year. The Secretary shall consult with the Chairperson in developing the agenda for the meeting.
(2)

Open access
All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection within 30 days of the meeting.
(d)

Duties
The Advisory Committee shall, at a minimum—
(1)
advise, consult with, and make recommendations to the Secretary on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act;
(2)
annually prepare a set of recommendations for the Secretary, to be shared with the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, to improve the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B;
(3)
make recommendations on expanding participation of nontraditional apprenticeship populations in programs under the national apprenticeship system;
(4)
review occupations suitable for apprenticeship and, based on reviews of labor market trends and changes, make recommendations to the Secretary on whether to—
(A)
update the list of occupations suitable for apprenticeship under section 111(b)(5)(A); or
(B)
convene sector leaders and experts under section 111(b)(5)(C) for the establishing specific frameworks of national occupational standards; and
(5)
make recommendations on the development of demonstrations projects as described in section 132(f).
(e)

Personnel
(1)

Compensation of members
(A)

In general
A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee.
(B)

Officers or employees of the united states
Members of the Advisory Committee who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Advisory Committee.
(2)

Staff
The Secretary shall supply the Advisory Committee with an executive Secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to carry out the duties described in subsection (d).
(3)

Data requests
The Advisory Committee through its Chairperson may request data from the Secretary as determined necessary by the Advisory Committee to carry out its functions as described in this section.
(f)

Permanent committee
The Federal Advisory Committee Act (5 U.S.C. App.) (other than section 14 of such Act) shall apply to the Advisory Committee.
113.

State apprenticeship agencies and State Offices of Apprenticeship
(a)

Recognition of State Apprenticeship Agencies
(1)

In general
The Administrator shall recognize a State agency as a State apprenticeship agency in accordance with this section and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B.
(2)

Application
A State desiring to have a State agency recognized as a State apprenticeship agency under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including—
(A)
the initial State plan described in subsection (c)(2)(A)(i);
(B)
a description of how the State apprenticeship agency will meet the State plan requirements of subsection (c); and
(C)
a description of the linkages and coordination of the State’s proposed standards, criteria, and requirements with the State’s economic development strategies and workforce development system and the State’s secondary, postsecondary, and adult education systems.
(3)

Review and recognition
(A)

In general
Not later than 6 months after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under this section.
(B)

Duration of recognition
(i)

Duration
The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A).
(ii)

Notification
(I)

In general
The Secretary shall notify a State apprenticeship agency not later than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section.
(II)

Compliance
In the case of a State apprenticeship agency that is in compliance with this section, the agency’s recognition under this section shall be renewed for an additional 4-year period and the notification under subclause (I) shall include notification of such renewal.
(III)

Noncompliance
In the case of a State apprenticeship agency that is not in compliance with this section, the notification shall—
- (aa)
specify the areas of noncompliance;
- (bb)
require corrective action; and
- (cc)
offer technical assistance.
(iii)

Renewal after correction
If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days of notification of noncompliance, the State apprenticeship agency’s recognition under this section shall be renewed for an additional 4-year period.
(C)

Transition period for State agencies
(i)

In general
Not later than 1 year after the effective date of the National Apprenticeship Act of 2022, a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2).
(ii)

Transition period
A State agency described in clause (i) shall be recognized as a State apprenticeship agency under this section for a 4-year period beginning on the date on which the Secretary approves the application submitted by the State agency under paragraph (2).
(b)

Authority of a State Apprenticeship Agency
(1)

In general
For the period during which a State apprenticeship agency is recognized under subsection (a) and to maintain such recognition, the State apprenticeship agency shall carry out the requirements of this Act.
(2)

Program recognition
With respect to a State with a State apprenticeship agency, the State apprenticeship agency shall have sole authority to recognize and register a pre-apprenticeship, youth apprenticeship, or apprenticeship program in such State, which shall include—
(A)
determining whether such program is in compliance with the standards for such program under section 122;
(B)
in the case of such a program that is in compliance with such standards, recognizing the program and providing a certificate of recognition for such program;
(C)
providing technical assistance to current or potential sponsors; and
(D)
in the case of such a program that fails to meet the requirements of this Act, providing for the withdrawal of recognition of the program in accordance with section 131(b).
(3)

State apprenticeship council
(A)

In general
A State apprenticeship agency is authorized to establish and maintain a State apprenticeship council, which shall operate under the direction and control of the State apprenticeship agency, and whose functions shall include providing the State apprenticeship agency with advice, recommendations, and reports concerning apprenticeship policies, regulations, and trends.
(B)

Composition
A State apprenticeship council may be regulatory or advisory in nature, and shall—
(i)
be composed of persons familiar with occupations suitable for apprenticeship; and
(ii)
be fairly balanced, with an equal number of—
(I)
representatives of employer organizations, including from nontraditional apprenticeship occupations;
(II)
representatives of labor organizations or joint labor-management organizations, including from nontraditional apprenticeship occupations; and
(III)
public members; and
(iii)
to the extent practicable, have not less than 1 member who is a member of the State workforce board.
(C)

Special rule
A State apprenticeship council may make recommendations on a sponsor’s application for program registration, but shall not make final determinations on approval or disapproval of such application.
(c)

State plan
(1)

In general
For a State apprenticeship agency to be eligible to receive allotments under subsection (f) and to be recognized under this section, the State apprenticeship agency shall submit to the Secretary a State plan that meets the requirements of this subsection.
(2)

Approval of State plan
(A)

Submission
(i)

Initial plan
The first State plan of a State apprenticeship agency shall contain the contents required under this subsection, including the plan to promote diversity in the national apprenticeship system as described in paragraph (5), and shall be submitted to the Administrator not later than 120 days prior to the commencement of the first full program year of the State apprenticeship agency, which shall include—
(I)
a description of any State laws, policies, or operational procedures relating to the process of recognizing programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act;
(II)
an assurance that the State will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in subclause (I) that occur after the date of submission of such plan; and
(III)
an assurance that the State will make available on a publicly available website a description of any laws (including regulations), policies, and operational procedures relating to the process of recognizing programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act.
(ii)

Subsequent plans
Except as provided in clause (i), a State plan shall be submitted to the Administrator not later than 120 days prior to the end of the 4-year period covered by the preceding State plan.
(B)

Approval
A State plan shall be subject to the approval of the Administrator and shall be considered to be approved at the end of the 90-day period beginning on the date that the plan is submitted under this paragraph, unless the Administrator, during the 90-day period, provides the State apprenticeship agency, in writing—
(i)
an explanation for why the State plan is inconsistent with the requirements of this Act; and
(ii)
an opportunity for an appeal of such determination to an Administrative Law Judge for the Department of Labor not later than 30 days after receipt of the notice of denial from the Administrator.
(C)

Modifications
(i)

Modifications
At the end of the first 2-year period of any 4-year State plan, the State may submit modifications to the State plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the State plan.
(ii)

Approval
A modified State plan submitted for review under clause (i) shall be subject to the approval requirements described in subparagraph (B).
(3)

Technical assistance
Each State Plan shall describe how the State apprenticeship agency will provide technical assistance for—
(A)
potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for the purposes of recruitment, retention, program development, expansion, or implementation, including supporting remote or virtual learning or training, as necessary;
(B)
sponsors of programs registered in the State, including sponsors that are not meeting performance goals under subtitle C, for purposes of assisting sponsors in meeting or exceeding such goals; and
(C)
sponsors of programs registered in that State for purposes of assisting such sponsors in achieving State goals in diversity and equal opportunity in apprenticeships in accordance with paragraph (5).
(4)

Reciprocity
With respect to a program recognized by a registration agency in another State or that meets the national program standards of apprenticeship, each State plan shall describe how the State apprenticeship agency shall grant reciprocity to such program by recognizing such program in the State of such agency for purposes of this Act by not later than 30 days after receipt of an application for such recognition from a program sponsor, as long as the program seeking such reciprocity—
(A)
meets the wage and hour provisions of the State granting such reciprocity; and
(B)
in the case of a program that is determined by the Secretary to be in a high-hazard occupation, meets the numerical ratio requirements of the State granting such reciprocity if such requirements are more protective with regard to health, safety, and supervision than the numerical ratio requirements the program is meeting as of the date of such application.
(5)

Promoting diversity in the national apprenticeship system
Each State plan shall include a plan for how the State apprenticeship agency will—
(A)
promote diversity in occupations suitable for apprenticeship offered throughout the State, and a description of how such agency will promote the addition of such occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship occupations; and
(B)
promote diversity and equal opportunity in programs under the national apprenticeship system by uniformly adopting and implementing the requirements of subparagraphs (B) and (C) of section 111(b)(7).
(6)

Complaints
(A)

In general
Subject to subparagraph (B), each State plan shall include a description of the system for the State apprenticeship agency to receive and resolve complaints submitted by program participants, the program participant’s authorized representative, sponsors, employers, or nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements under this Act.
(B)

Collective bargaining agreements
Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (5)(B) shall be subject to such system.
(7)

State apprenticeship hubs
Each State plan shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that shall work with industry and sector partnerships to expand programs under the national apprenticeship system, and occupations suitable for apprenticeship, in the State.
(8)

State apprenticeship performance outcomes
Each State plan shall—
(A)
in coordination with the Administrator, establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described—
(i)
in subparagraph (A) of section 131(b)(1); and
(ii)
in subparagraph (B)(ii) of section 131(b)(1); and
(B)
describe how the State apprenticeship agency will collect performance data from programs registered by the agency; and
(C)
annually report on the outcomes of each such program in relation to the State established goals under subparagraph (A).
(9)

Uses of funds
Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f).
(10)

Alignment of workforce activities
Each State plan shall include a summary of State-supported workforce development activities (including education and training) in the State, including—
(A)
a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));
(B)
the degree to which the programs under the national apprenticeship system in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and
(C)
a description of how apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
(11)

State strategic vision
Each State plan shall include a summary of the State’s strategic vision and set of goals for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the programs registered by the State apprenticeship agency in the State will help to meet such goals.
(12)

Strategy for any joint planning, alignment, coordination, and leveraging of funds
Each State plan shall provide a description of the State apprenticeship agency’s strategy for joint planning, alignment, coordination, and leveraging of funds—
(A)
with the State’s workforce development system, to achieve the strategic vision and goals described in paragraph (11), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B));
(B)
for programs under the national apprenticeship system in the State with other Federal education programs, including programs under—
(i)
the Elementary and Secondary Education Act of 1965;
(ii)
the Individuals with Disabilities Education Act;
(iii)
the Carl D. Perkins Career and Technical Education Act of 2006; and
(iv)
the Higher Education Act of 1965; and
(C)
to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under—
(i)
section 6(d) of the Food and Nutrition Act of 2008;
(ii)
subsection (c)(1) of section 3672 of title 38, United States Code;
(iii)
section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541); and
(iv)
the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act.
(13)

State apprenticeship council
Each State plan shall provide for a description of the composition, roles, and responsibility of the State apprenticeship council, and how the Council will comply with the requirements of subsection (b)(3).
(d)

State apprenticeship agency funding
A State apprenticeship agency shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according to the following requirements:
(1)

Program administration
The State apprenticeship agency shall use such funds to support the administration of programs under the national apprenticeship system across the State, including for—
(A)
staff and resources;
(B)
oversight and evaluation as required under this Act;
(C)
technical assistance to program sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries;
(D)
pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for—
(i)
engaging potential providers of such programs such as employers, qualified intermediaries, related instruction providers, and potential program participants;
(ii)
publicizing apprenticeship opportunities and benefits; and
(iii)
engaging State workforce and education systems for collaboration and alignment across systems;
(E)
supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including the requirement of designating a certifying official; and
(F)
supporting the retention and completion of program participants in such programs, such as by assisting with the costs—
(i)
related to enrolling in such programs; or
(ii)
of assessments related to obtaining a recognized postsecondary credential.
(2)

Educational alignment
The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State education system to provide technical assistance and best practices regarding—
(A)
alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals;
(B)
alignment of related instruction provided under the national apprenticeship system in the State with academic credit granting postsecondary programs (including developing career pathways, articulation agreements, and prior learning assessments); and
(C)
the joint planning, alignment, coordination, and leveraging of funds described in subparagraphs (B) and (C) of subsection (c)(12).
(3)

Workforce alignment
The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State workforce development system to provide technical assistance and best practices regarding—
(A)
alignment with the State’s workforce activities and strategic vision in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of paragraph (12) of subsection (c);
(B)
guidance for training staff of the workforce development system, including the vocational rehabilitation agencies, within the State on the value of programs under the national apprenticeship system as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under subtitle C of title I of such Act and YouthBuild under section 171 of such Act;
(C)
providing a list of programs under the national apprenticeship system that are offered in the State, including in the State’s high-skill, high-wage, or in-demand industry sectors or occupations;
(D)
alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and technical assistance in how individual training accounts under section 134(c)(3) of such Act could be used to pay for the costs of enrolling and participating in programs under the national apprenticeship system;
(E)
partnerships with State or local workforce development boards, State workforce agencies, and one-stop centers and one-stop operators that assist program participants in accessing supportive services to support—
(i)
the recruitment, retention, and completion of programs under the national apprenticeship system, including the recruitment of nontraditional populations and dislocated workers;
(ii)
transitions from youth apprenticeships and pre-apprenticeships to apprenticeship programs; and
(iii)
the placement into employment or further education upon program completion; and
(F)
expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act to include programs under the national apprenticeship system in the State (29 U.S.C. 3152(d)).
(4)

Leadership activities
(A)

In general
A State apprenticeship agency may reserve not more than 15 percent of the funds received under subsection (f) in support of State apprenticeship initiatives described in this paragraph.
(B)

Diversity
Not less than 5 percent of the amount reserved under subparagraph (A) shall be used by the State apprenticeship agency for supporting and expanding diversity in occupations suitable for apprenticeship under the national apprenticeship system in the State and program participant populations in the State.
(C)

Incentives for employers
A State apprenticeship agency may use funds reserved under subparagraph (A) to incentivize employers to participate in programs under the national apprenticeship system, such as costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation.
(D)

State-specific initiatives
A State apprenticeship agency may use funds reserved under subparagraph (A) for State-specific initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations.
(5)

State match for Federal investment
(A)

In general
Except in the case of exceptional circumstances, as determined by the Administrator, in order to receive a full allotment under subsection (f), a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment.
(B)

Transition period
The requirement under this paragraph shall take effect with respect to a State apprenticeship agency on the date that is 1 day after the date on which the transition period for such agency under subsection (a)(3)(C)(ii) ends.
(e)

Derecognition of State Apprenticeship Agencies
(1)

In general
The Secretary may withdraw recognition of a State apprenticeship agency before the end of the agency’s 4-year recognition period under subsection (a)(2)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph (2), and has not been in compliance with the performance improvement plan under paragraph (3) to remedy such failure.
(2)

Derecognition criteria
The recognition of a State apprenticeship agency under this section may be withdrawn under paragraph (1) in a case in which the State apprenticeship agency fails to—
(A)
adopt or properly enforce a State plan;
(B)
properly carry out its role as the sole registration agency in the State;
(C)
submit a report under section 131(b)(1)(B) for any program year;
(D)
meet the State levels of performance as described in subsection (c)(8)(A) or demonstrate improvements in performance for 3 consecutive program years; or
(E)
otherwise fulfill or operate in compliance with the requirements of this Act.
(3)

Derecognition process
(A)

In general
If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan.
(B)

Reduction of funds
Except in the case of exceptional circumstances as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)—
(i)
the percentage of the funds to be allotted to the State apprenticeship agency under subsection (f) for each fiscal year following the fiscal year in which such failure has been identified shall be reduced by 5 percentage points; and
(ii)
the Administrator shall provide notice to the State apprenticeship agency that the agency’s recognition under this section may be withdrawn if the agency fails to remedy the failure.
(C)

Termination of proceedings
If the Administrator determines that the State apprenticeship agency’s corrective action under subparagraph (A) has addressed the agency’s failure identified under paragraph (2), the Administrator shall—
(i)
restore the agency’s full funding allocation under this title for the next full fiscal year; and
(ii)
notify the State apprenticeship agency that the agency’s recognition will not be withdrawn under this section for the reason for which the agency’s funding under this title was most recently reduced.
(D)

Opportunity for hearing
(i)

In general
In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph (2), the Administrator shall—
(I)
notify, in writing, the State apprenticeship agency of the failure of the State apprenticeship agency, including a description of such failure and an explanation that the agency’s recognition under this section may be withdrawn as a result of such failure; and
(II)
offer the State apprenticeship agency an opportunity to request a hearing not later than 30 days after the date of such notice.
(ii)

Referral to Office of Administrative law judges
In a case in which the State apprenticeship agency requests a hearing under clause (i)(II), the Administrator shall refer the matter to the Office of Administrative Law Judges for a recommended decision by the Administrative Review Board for final agency action.
(4)

Requirements regarding withdrawal of recognition
(A)

Office of Apprenticeship
(i)

Prior to order
Prior to the withdrawal of the recognition of a State apprenticeship agency under this section, the Administrator shall—
(I)
provide to the State apprenticeship agency an order withdrawing recognition of such agency under this section; and
(II)
establish a State Office of Apprenticeship; and
(ii)

After order
Not later than 30 days after the date of such order, provide notification of the withdrawal to the sponsors of the programs under the national apprenticeship system in such State that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)).
(B)

State Apprenticeship Agency requirements
A State agency whose recognition as a State apprenticeship agency under this section has been withdrawn under paragraph (3) shall—
(i)
provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the State’s programs under the national apprenticeship system in the State;
(ii)
cooperate fully during the transition period beginning on the date of the order withdrawing such recognition and ending on the date on which the Administrator establishes a State Office of Apprenticeship in the State; and
(iii)
return any unused funds received under this Act.
(5)

Reinstatement of recognition
A State apprenticeship agency that has had its recognition withdrawn under this section may have such recognition reinstated upon presentation of adequate evidence that the State apprenticeship agency has—
(A)
submitted an application under subsection (a)(2); and
(B)
demonstrated the ability to operate in compliance with the requirements of this Act.
(f)

Reservation and State allotments
(1)

State allotments
(A)

In general
Of the amount appropriated under subsection (g) for a fiscal year—
(i)
33 1/3 percent shall be equally distributed among each State Office of Apprenticeship, outlying area, and eligible State; and
(ii)
66 2/3 percent shall be allotted to eligible States on the basis described in subparagraph (B).
(B)

Formula
(i)

In general
Of the amount available under subparagraph (A)(ii)—
(I)
25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis;
(II)
25 percent shall be allotted on the basis of the relative share of program participants who have completed a program under the national apprenticeship system in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and
(III)
50 percent shall be allotted on the basis described in clause (ii).
(ii)

Allotments based on BLS and ACS data
Of the amount available under clause (i)(III)—
(I)
331/3 percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States;
(II)
331/3 percent shall be allotted on the basis of the relative share of individuals living below the poverty line in each eligible State, compared to the total number of individuals living below the poverty line in all eligible States; and
(III)
331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each eligible State, compared to the total number of unemployed individuals in all eligible States.
(2)

Definitions
In this subsection—
(A)

Eligible State
The term eligible State means a State (as defined in section 2) that has a State apprenticeship agency.
(B)

Poverty line
The term poverty line has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(C)

Unemployed individual
The term unemployed individual has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(g)

Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1)
$75,000,000 for fiscal year 2023;
(2)
$85,000,000 for fiscal year 2024;
(3)
$95,000,000 for fiscal year 2025;
(4)
$105,000,000 for fiscal year 2026; and
(5)
$115,000,000 for fiscal year 2027.
114.

Interagency agreement with Department of Education
(a)

In general
Not later than 1 year after the effective date of the National Apprenticeship Act of 2022, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall—
(1)
enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and
(2)
submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement.
(b)

Alignment for youth apprenticeships
In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide—
(1)
information and resources to—
(A)
parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school, and that are in user-friendly formats and languages that are easily accessible, as determined by the Secretaries; and
(B)
school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and
(2)
technical assistance on how to—
(A)
align related instruction and skills and competencies for occupations suitable for apprenticeship to high school graduation requirements;
(B)
offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV));
(C)
facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and
(D)
align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(c)

Apprenticeship college consortium
In order to support the establishment of a college consortium of postsecondary educational institutions, including minority serving institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will—
(1)
support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system;
(2)
provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act;
(3)
require all participants of the apprenticeship college consortium to enter into agreements to—
(A)
have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution;
(B)
create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and
(C)
support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training;
(4)
provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.), for related instruction for programs under the national apprenticeship system;
(5)
provide to consortium participants or potential participants information regarding—
(A)
a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium;
(B)
information on how to develop an apprenticeship program;
(C)
information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and
(D)
information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and
(6)
support information regarding the apprenticeship consortium being made available on a publicly accessible website, including—
(A)
a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available occupations suitable for apprenticeship; and
(B)
models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes.
(d)

Best practice development and sharing
(1)

Dissemination
Such interagency agreement shall require that the Secretaries disseminate information on the value of programs under the national apprenticeship system, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint labor-management organizations (including those representing teachers).
(2)

Clearinghouse
Such agreement shall require the Secretaries to create a clearinghouse of best practices—
(A)
for improving performance and increasing alignment of education and programs under the national apprenticeship system, including career pathways; and
(B)
publicly disseminate information and resources on—
(i)
replicable related instruction and on-the-job learning; and
(ii)
how to build an understanding of apprenticeship opportunities available to students.
(e)

Data sharing agreement
The Secretaries shall disseminate best practices for the alignment of education records and records of programs under the national apprenticeship system, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program.
(f)

Secretaries defined
In this section, the term Secretaries means the Secretary of Labor and the Secretary of Education.
B

Process and Standards for the National Apprenticeship System
121.

Occupations suitable for apprenticeship
(a)

In general
For an occupation to be considered suitable for apprenticeship under this Act, a person seeking approval for such occupation to be an occupation suitable for apprenticeship shall submit to the Administrator, an application that demonstrates demand from multiple employers in such occupation for a program under the national apprenticeship system in such occupation that will prepare individuals for the full range of skills and competencies needed for such occupation by describing how the occupation will—
(1)
meet the national occupational standards under section 111(b)(5)(C); or
(2)
involve the progressive attainment of skills, competencies, and knowledge that are—
(A)
clearly identified and commonly recognized throughout the relevant industry or occupation;
(B)
customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job supervised learning and related instruction to supplement such learning; and
(C)
offered through a time-based, competency-based, or hybrid model as described in section 122(b)(1)(E).
(b)

Assessment
In assessing whether an application submitted under subsection (a) meets the requirements of paragraph (1) or (2) of such subsection, a registration agency shall—
(1)
conduct a comprehensive assessment of the skills, techniques, and competencies required by the occupation, which assesses whether such skills, techniques, and competencies—
(A)
are specialized and acquired optimally through a structured, systematic training program involving close on-the-job supervision and mentoring by subject-matter experts;
(B)
require at least 2,000 hours of on-the-job learning and mentoring, or whether an alternative amount of time is appropriate for the occupation; and
(C)
are acquired optimally through a supplementary educational or instructional component conveying theoretical and conceptual knowledge relevant to the occupation; and
(2)
determine whether the occupation is an occupation that is commonly recognized throughout an industry or sector.
122.

Quality standards of programs under the national apprenticeship system
(a)

In general
The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices, pre-apprentices, and youth apprentices.
(b)

Apprenticeship program standards
In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards:
(1)
The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information:
(A)
The employment and training to be received by each apprentice participating in the program, including—
(i)
an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning;
(ii)
the allocation of the approximate amount of time that will be spent in each major work process by the apprentice;
(iii)
a description of the mentoring that will be provided to the apprentice; and
(iv)
a description or timeline explaining the periodic reviews and evaluations of the apprentice’s performance on the job and in related instruction.
(B)
A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv).
(C)
A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which—
(i)
for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency;
(ii)
may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency;
(iii)
shall be provided by one or more qualified instructors that—
(I)
- (aa)
meet technical instructor requirements of the applicable education agency in the State of registration; or
- (bb)
are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and
(II)
have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction;
(iv)
where appropriate and to the extent practicable, shall be aligned to a career pathway; and
(v)
where appropriate and to the extent practicable, incorporate the principles of universal design for learning under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
(D)
A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is—
(i)
consistent with measurable skill gains; and
(ii)
ensures the entry wage is not less than the greater of—
(I)
the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
(II)
the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements.
(E)
The term of the apprenticeship program, which may be measured using—
(i)
a time-based model, which requires the completion of the industry standard for on-the-job learning hours, which in no case shall be less than a cumulative 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor from a nontraditional apprenticeship occupation as of the date of the enactment of the National Apprenticeship Act of 2022 that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency;
(ii)
a competency-based model, which requires the attainment of competency in the occupation; or
(iii)
a hybrid model, which blends the time-based and competency-based approaches.
(F)
The methods used to measure an apprentice’s skills and competencies, which may include an initial diagnostic assessment or assessment of credentials that verify an individual’s foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include—
(i)
in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice’s completion of the required hours of on-the-job learning as described in a work process schedule;
(ii)
in the case of a competency-based model described in subparagraph (E)(ii), the individual apprentice’s successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on-the-job learning component of the apprenticeship; or
(iii)
in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in subparagraph (E)(i) and a work process schedule.
(2)
The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans’ service-acquired skills and experiences.
(3)
The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years.
(4)
In the case of a program that chooses to issue an interim credential, the program—
(A)
clearly identifies each interim credential;
(B)
only issues an interim credential for recognized components of an occupation suitable for apprenticeship and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and
(C)
establishes the process for assessing an individual apprentice’s demonstration of competency and measurable skill gains associated with the particular interim credential.
(c)

Pre-Apprenticeship program standards
In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards:
(1)
The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b) and prepare them to enter and succeed in such an apprenticeship programs, including by providing the skills and competency attainment needed to enter the apprenticeship program.
(2)
The program—
(A)
is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program;
(B)
demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program;
(C)
demonstrates evidence of sufficient demand in an apprenticeship program at the completion of a pre-apprenticeship program to support a transition from a pre-apprenticeship to an apprenticeship; and
(D)
demonstrates partnerships with qualified intermediaries, community-based organizations, labor organizations, or joint labor-management organizations.
(3)
The program includes a written plan developed by the sponsor of the pre-apprenticeship program that is developed in consultation with the sponsor of the apprenticeship program described in paragraph (2)(A), that—
(A)
provides for work-based learning, and paid work-based learning to the extent practicable, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more occupations suitable for apprenticeship;
(B)
is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations, and the requirements of the related apprenticeship program;
(C)
to the extent appropriate and practicable, meets the related instruction requirements as described in clauses (ii) through (iv) of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and
(D)
includes mentoring, career exposure, career planning, and career awareness activities.
(d)

Youth apprenticeship program standards
In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards:
(1)
The program is designed for youth apprentices who at the start of the program are enrolled in high school.
(2)
The program includes each of the following core elements:
(A)
The employment and training to be received by each youth apprentice participating in the program, including—
(i)
an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the-job training or in an experiential setting;
(ii)
the allocation of the approximate amount of time that will be spent in each major work process by the youth apprentice;
(iii)
a description of the mentoring that will be provided to the youth apprentice; and
(iv)
a description or timeline explaining the periodic reviews and evaluations of the youth apprentice’s performance on the job and in related instruction.
(B)
A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv).
(C)
Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and—
(i)
is, to the extent practicable, aligned with high school diploma requirements and career clusters; and
(ii)
meets the additional requirements as described in subsection (b)(1)(C).
(D)
A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice.
(E)
The term of the youth apprenticeship program, as described in subsection (b)(1)(E).
(F)
For a competency-based or hybrid youth apprenticeship program, the methods used to measure skill acquisition for a youth apprentice, including ongoing assessment against established skill and competency standards as described in subsection (b)(1)(F).
(G)
Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program.
(3)
The program equally grants advanced standing or credit to all individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills.
(4)
In the case of a youth apprenticeship program that chooses to issue an interim credential, the program meets the requirements of subsection (b)(4).
(e)

General requirements
Each program under the national apprenticeship system shall meet the following standards:
(1)
The program—
(A)
has adequate and safe equipment, environments, and facilities for training and supervision;
(B)
provides safety training on-the-job and in related instruction as applicable by the occupation suitable for apprenticeship; and
(C)
provides adequate training for mentors and qualified instructors on providing a safe work and training environment.
(2)
The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program.
(3)
The program provides—
(A)
all individuals with an equal opportunity to participate in the program as described in subparagraphs (B) and (C) of section 111(b)(7); and
(B)
materials that meet, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines).
(4)
The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential.
(5)
The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program.
(6)
The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the occupation suitable for apprenticeship, which are based on evidence-based and evidence-informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and—
(A)
are consistent with provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements;
(B)
provide that such a ratio does not contravene the application of other Federal or State laws that may establish more protective standards with respect to the establishment of ratios of apprentices to journeyworkers, including any rules or orders promulgated under the Fair Labor Standards Act of 1938 with respect to the employment, training, and supervision of 16- and 17-year old youth apprentices in certain hazardous occupations.
123.

Apprenticeship agreements
(a)

In general
To ensure the standards described in section 122 are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall—
(1)
be the same for each program participant;
(2)
contain the names and signatures of the program participant and the sponsor;
(3)
meet the requirements of subsection (b); and
(4)
be submitted to the registration agency in accordance with section 124 by the program sponsor.
(b)

Standards
Each agreement under subsection (a) shall contain, explicitly or by reference, program standards under section 122, including—
(1)
in the case of an apprenticeship program—
(A)
that is time-based, a statement of the number of hours to be spent by the program participant in on-the-job learning and on-the-job training in order to complete the program;
(B)
that is competency-based, a description of the skill sets to be attained by completion of the program, including the on-the-job learning and work components; or
(C)
that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the-job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program;
(2)
the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur for participating in the program (such as for equipment, related instruction, or assessment or licensure fees), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion;
(3)
a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process;
(4)
for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and
(5)
demonstration of commitment to and compliance with subparagraphs (B) and (C) of section 111(b)(7).
(c)

Collective bargaining
Nothing in an apprenticeship agreement or this Act shall operate to invalidate an applicable provision in a collective bargaining agreement between employers and employees establishing higher standards for programs under the national apprenticeship system.
124.

Registration of programs under the national apprenticeship system
(a)

Program registration application
In order to bring together employers and labor for the formulation of programs under the national apprenticeship system, the Administrator shall provide for the registration of programs in which a sponsor applying to register a program under the national apprenticeship system shall request registration of such program from a registration agency by submitting the information required by the registration agency, including—
(1)
information demonstrating that each of the requirements of section 122 will be met for the program;
(2)
a copy of the apprenticeship agreement described in section 123 used by the sponsor;
(3)
a written assurance that, if the program is registered under this Act, the sponsor will—
(A)
administer the program in accordance with the requirements of this Act and comply with the requirements of the apprenticeship agreement for each apprentice; and
(B)
enroll at least 1 program participant; and
(4)
methods the program sponsor will use to report performance data describing outcomes associated with the program as required by the registration agency—
(A)
on an annual basis for any program sponsor with fewer than 5 program participants; or
(B)
on a quarterly basis for any program sponsor with 5 or more program participants.
(b)

Recognition and registration process
(1)

Review and approval process
(A)

Provisional approval review
An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program’s compliance and registration to operate such program.
(B)

Full approval or extended provisional approval
By the end of a provisional registration period for a program, the registration agency providing provisional approval under subparagraph (A) shall review the program for quality and for compliance with the applicable standards under this subtitle and all other applicable program requirements under this Act, and—
(i)
if a registration agency conducting a provisional review determines that the program complies with the standards and requirements under this Act, the registration agency shall fully approve the registration of the program; or
(ii)
if a registration agency conducting a provisional review determines that the program is not conforming to the requirements or standards under this Act, the registration agency may continue the provisional registration of the program through the first full training cycle for program participants, and conduct an additional provisional review at the conclusion of the training cycle.
(C)

Failure to meet requirements
If, after an initial provisional review under subparagraph (A), a registration agency conducting such provisional review determines that the program is not in operation or does not conform to the requirements under this Act, the registration agency shall recommend technical assistance and corrective action for the program, or deregistration, in accordance with procedures established under subsections (b) and (c) of section 131.
(2)

Certificate of registration
(A)

In general
A registration agency that registers a program under paragraph (1) shall—
(i)
provide the sponsor of the program with a certificate of registration or other written evidence of registration; and
(ii)
provide a copy of the certificate of registration to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans’ use of supplemental educational assistance benefits.
(B)

Registration name
A program shall be registered in the name of the sponsor, or if a sponsor enters into a partnership with an employer who registers the program, in the name of the employer.
(3)

Program participant registration
A sponsor providing a program that is registered in accordance with paragraph (2) shall provide to an individual seeking to be a program participant the opportunity to apply through the sponsor, and shall—
(A)
enter into a written individual apprenticeship agreement described in section 123 with each such individual before the commencement of the program; and
(B)
individually register each program participant with the registration agency by filing a copy of the individual apprenticeship agreement with the registration agency or as otherwise required by the registration agency, and sharing a copy with the Administrator as appropriate, as described under section 123(a)(4).
(4)

Transition process for previously approved programs
With respect to a program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2022, the registration agency shall take such steps as necessary to—
(A)
in the case of a program that meets of the requirements of this Act, maintain the status of the sponsor of the program as of the date before such date of enactment as the sponsor of such program under this Act; and
(B)
in the case of a program that does not meet the requirements of this Act, provide technical assistance to the sponsor of such program to ensure that the sponsor is in compliance with this Act not later than 3 years after the date of enactment of the National Apprenticeship Act of 2022.
(c)

Modifications or changes to youth apprenticeship, pre-Apprenticeship, or apprenticeship programs
(1)

Sponsor proposal
Any sponsor that wishes to modify a program, including the program’s method of meeting the standards required under this Act, shall submit the proposal for such change or modification to the registration agency for the program.
(2)

Registration agency requirements
(A)

In general
The registration agency shall determine whether to approve the proposal and notify the sponsor of the determination by not later than 60 days after receipt of the proposal.
(B)

Approval of proposal
If the proposal is approved, the registration agency shall amend the record of the program to reflect the modification or change, and provide the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval.
(C)

Disapproval of proposal
If the proposal is not approved, the registration agency shall—
(i)
notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered;
(ii)
provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and
(iii)
in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal—
(I)
approve the proposal; or
(II)
disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered.
(D)

List of disapproved programs
The registration agency shall maintain a list of programs that were disapproved which includes the reasons for each such disapproval and provide such list to the Administrator at least annually.
C

Evaluations and Research
131.

Program evaluations
(a)

Purpose
The purpose of this section is to provide program performance transparency across the programs under the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
(b)

Reviews by registration agencies
(1)

Performance reviews
(A)

In general
A registration agency shall—
(i)
annually collect performance data for each program registered under section 124 by such agency to determine—
(I)
the performance of the program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs under the national apprenticeship system; and
(II)
the completion rates of the program;
(ii)
provide technical assistance for the collection of the information under clause (i) of this subparagraph and subparagraph (B), as necessary;
(iii)
comply with the report requirements under subparagraph (B); and
(iv)
provide data collected under clause (i) of this subparagraph and subparagraph (B), disaggregated in accordance with clause (ii) of subparagraph (B), to the independent entity conducting the evaluations on behalf of the Secretary under section 132.
(B)

Reports
(i)

In general
The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that is disaggregated in accordance with clause (ii), and includes the following information with respect to each program registered under section 124 by such agency:
(I)
Information specifying the levels of performance described in subparagraph (A), as compared to goals set in section 113(c)(8)(A)(i).
(II)
The percentage of program participants by race, sex ethnicity and, to the extent practicable, by individuals with disabilities, as compared to such percentages within the working age population who are in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into in the program.
(III)
The percentage of program participants served by each of the programs that obtained unsubsidized employment in a field related to the occupation suitable for apprenticeship.
(IV)
The average time to completion for the program as compared to the description in the agreement under paragraphs (1) and (2) of section 123(b).
(V)
The average cost per participant during the most recent program year and the 3 preceding program years.
(VI)
The percentage of program participants who received supportive services.
(VII)
Information on the State’s activities required under section 113(c), including the State’s uses of funds.
(ii)

Disaggregation
The performance data described in subclauses (I) through (VI) of clause (i) shall be disaggregated—
(I)
by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and
(II)
by race, ethnicity, sex, age, veteran status, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)).
(C)

Reports to Congress
Not later than 60 days after receiving a report under subparagraph (B), the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(D)

Publication
The Administrator shall annually make available on a publicly accessible website each report received under subparagraph (B) not later than 30 days after receipt of such report.
(2)

Comprehensive program reviews
(A)

In general
A registration agency shall periodically review each program registered under section 124 by such agency for quality assurance and compliance with the requirements of this Act.
(B)

Timing of reviews
A review described in subparagraph (A) shall occur—
(i)
at the end of the first full training cycle of program participants under the program; and
(ii)
beginning after the review described in clause (i) at least once every 5 years.
(C)

Review
The review shall be a comprehensive review regarding all aspects of the program performance, including—
(i)
determining whether the registration agency is receiving notification from the sponsor of a program regarding individuals who are registered as new youth apprentices, pre-apprentices, or apprentices under the program, or who successfully complete the program, as required under this Act;
(ii)
determining whether the sponsor of the program is complying with the requirements of this Act;
(iii)
evaluating the performance of the sponsor with respect to, at a minimum, the indicators described in paragraph (1)(A)(i), with the performance data disaggregated as described in paragraph (1)(B)(viii); and
(iv)
ensuring the sponsor’s compliance with the requirement to provide equal opportunity in recruitment, training, and employment as described in subparagraphs (B) and (C) of section 111(b)(7).
(D)

Reports
On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review.
(c)

Subsequent action
(1)

Technical assistance
The registration agency shall provide technical assistance to the sponsor and identify areas that require technical assistance, including—
(A)
to support the sponsor in creating a plan to meet the State goals described in section 113(c)(8)(A)(ii), as applicable; and
(B)
assistance in the development of a performance improvement plan if the registration agency determines, pursuant to any review under subsection (b), that the youth apprenticeship, pre-apprenticeship, or apprenticeship program—
(i)
is not in operation;
(ii)
is not in compliance with the requirements of this Act; or
(iii)
is achieving levels of performance on any indicators described in subsection (b)(1)(A)(i) that are lower than the State goals for any program year.
(2)

Corrective action and deregistration of an apprenticeship program
The registration agency may take corrective action, and if warranted, deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship program, after making a determination that the program demonstrates persistent and significant failure to perform successfully, which occurs when—
(A)
the sponsor of the program consistently fails to register at least 1 program participant;
(B)
the program shows a pattern of poor results on the indicators described in subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served, or are lower than the national or State average;
(C)
the program shows no indication of improvement in the areas identified by the registration agency and in the performance improvement plan under paragraph (1); or
(D)
the sponsor has not administered the program in accordance with the program’s registration, as applicable, or with the requirements of this Act.
(3)

Notification and hearing
If the registration agency makes a determination described in paragraph (2), the registration agency shall notify the Secretary and the sponsor of the determination in writing, and permit the sponsor to request a hearing by the Office of Administrative Law Judges. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program after the period for requesting such a hearing has expired.
(4)

Notification and treatment of apprentices
Not later than 15 days after the registration agency deregisters a program, the sponsor or program administrator shall notify program participant—
(A)
of such deregistration and the effective date;
(B)
that such deregistration automatically deprives the program participant of individual registration as part of such youth apprenticeship, pre-apprenticeship, or apprenticeship program, including the ability to receive a certificate of completion from the registration agency;
(C)
that the deregistration of the program removes the program participant from eligibility for any Federal financial or other assistance, or rights, privileges, or exemptions under Federal law, that—
(i)
relates to an apprentice; and
(ii)
requires the registration agency’s approval; and
(D)
that all youth apprentices, pre-apprentices, or apprentices are referred to the registration agency for information about potential transfers to other programs under the national apprenticeship system.
132.

National apprenticeship system research
(a)

Research
The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the programs and activities carried out under this Act and to assist in the evaluation of the programs as described in section 131.
(b)

Techniques
The research conducted under this section shall utilize appropriate methodology and research designs.
(c)

Contents
Such research shall address—
(1)
the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities—
(A)
improve the skill and employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities;
(B)
to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities;
(C)
respond to the needs reflected in labor market data in the local area and align with high-skill, high-wage, or in-demand industries or occupations;
(D)
demonstrate a return on investment of Federal, State, local, sponsor, employer, and other funding for programs under the national apprenticeship system, capturing the full level of investment in, and impact of, such programs under the national apprenticeship system; and
(E)
regularly assess the impact of apprenticeship programs under the national apprentice system in effectively increasing the participation of women, minorities, individuals with disabilities, long term unemployed, individuals impacted by the criminal and juvenile justice system, foster and former foster youth, and individuals with barriers to employment;
(2)
the impact of the National Apprenticeship Act of 2022 on the general effectiveness of programs under the national apprenticeship system, including the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or national occupational standards;
(3)
best practices in increasing participation of nontraditional apprenticeship populations and individuals with barriers to employment, including individuals with disabilities, in programs under the national apprenticeship system; and
(4)
opportunities to scale up effective models under the national apprenticeship system.
(d)

Reports
(1)

Independent entity
The independent entity carrying out the research shall prepare and submit to the Secretary—
(A)
an interim report containing findings from the research; and
(B)
a final report containing the results of the research, including policy recommendations.
(2)

Reports to Congress
Not later than 60 days after receipt of the interim report and final report described in subparagraphs (A) and (B) of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(e)

Public access
The Secretary shall make the interim and final reports available on a publicly accessible website not later than 60 days after the receipt of the interim and final report.
(f)

Demonstration authority
(1)

In general
The Secretary may initiate and carry out demonstration projects that—
(A)
are limited in size and scope;
(B)
have a duration of no more than 3 years; and
(C)
are carried out in nontraditional apprenticeship occupations, such as advanced manufacturing or information technology.
(2)

National advisory committee review
Prior to initiating a demonstration project, the Secretary shall—
(A)
request the advice of the National Advisory Committee regarding such demonstration project, and consider such recommendation in making a determination whether to initiate and carry out such project; and
(B)
not less than 15 days prior to the announcement of such demonstration project, inform the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that the Secretary will be initiating such demonstration project.
(3)

Limitation on funding
In initiating and carrying out demonstration projects under subsection (a), the Secretary may not use more than $2,000,000 annually, and shall not exceed $500,000 per demonstration project.
D

General Provisions
141.

Authorization of appropriations
(a)

Office of apprenticeship
There are authorized to be appropriated to carry out sections 111, 112, 131, and 132—
(1)
$50,000,000 for fiscal year 2023;
(2)
$60,000,000 for fiscal year 2024;
(3)
$70,000,000 for fiscal year 2025;
(4)
$80,000,000 for fiscal year 2026; and
(5)
$90,000,000 for fiscal year 2027.
(b)

Interagency agreement
There are authorized to be appropriated to carry out section 114—
(1)
$10,000,000 for fiscal year 2023;
(2)
$12,000,000 for fiscal year 2024;
(3)
$14,000,000 for fiscal year 2025;
(4)
$16,000,000 for fiscal year 2026; and
(5)
$18,000,000 for fiscal year 2027.
II

Modernizing the National Apprenticeship System for the 21st Century Grants
201.

Grant requirements
(a)

Authority
(1)

In general
The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for the following purposes:
(A)

Creation and expansion activities
To expand the offerings of programs under the national apprenticeship system—
(i)
to create new apprenticeship programs in a nontraditional apprenticeship occupation, such as for programs demonstrating demand in advanced manufacturing (including semiconductor and automotive manufacturing), cybersecurity and information technology, computer science, clean energy (including renewable energy, environmental protection, and conservation), transportation (including electric vehicle infrastructure), health care, media and entertainment, or education (including early childhood education);
(ii)
to expand existing apprenticeship programs demonstrating labor market demand;
(iii)
to create new or expand existing pre-apprenticeship programs; or
(iv)
to create new or expand existing youth apprenticeship programs.
(B)

Encouraging employer participation
To encourage employer participation in programs under the national apprenticeship system—
(i)
that target individuals with barriers to employment in youth apprenticeship, pre-apprenticeship, or apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, English language learners, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system (such as individuals currently or recently incarcerated), and foster and former foster youth;
(ii)
that are in high-need social service-related industries, sectors, or occupations, such as direct care workers and early childhood, elementary school, and secondary school educators;
(iii)
among small- and medium-sized employers; or
(iv)
that target individuals recently employed in carbon-intensive industries, including the production, transportation, or distribution of fossil fuels and the generation of electricity from fossil fuels.
(C)

Intermediary grants
To establish or expand sector-based partnerships for the delivery of programs under the national apprenticeship system to significant scale through—
(i)
national industry qualified intermediaries in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, transportation, and other sectors identified by the Administrator and the Advisory Committee as targeted for expansion under the national apprenticeship system;
(ii)
national equity qualified intermediaries serving nontraditional apprenticeship populations, women, minorities, individuals with disabilities, and individuals impacted by the criminal or juvenile justice system; or
(iii)
local or regional qualified intermediaries serving programs under the national apprenticeship system.
(D)

Educational alignment
To strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary, postsecondary, and adult education systems, including degree and credential requirements.
(2)

Duration
(A)

In general
The Administrator shall award grants, contracts, or cooperative agreements under this subsection for a period of not more than 3 years.
(B)

Extension
The eligible entity may apply for, and the Administrator may grant, an extension of the grant period for not more than 1 additional 2-year period, if the grant recipient demonstrates to the Administrator that the recipient—
(i)
has effectively implemented a project to achieve its stated purpose as described in subsections (e) and (f);
(ii)
has complied with the assurances as described in subsection (e)(9); and
(iii)
has improved applicable outcomes, as demonstrated through indicators referred to in section 203(a)(2).
(b)

Funding requirements
(1)

Matching funds required
The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded under this section in an amount not less than 25 percent of the funds awarded to such recipient under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal, public, or private organizations, in cash or in kind, fairly evaluated.
(2)

Waiver
The Administrator may waive the requirement under paragraph (1) if the entity demonstrates that exceptional circumstances prevent the entity from meeting the requirement, such as demonstrating that the entity serves a high proportion of individuals with barriers to employment, or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity.
(c)

Priority and distribution
(1)

Priority
In awarding grants, contracts, or cooperative agreements under this section, the Administrator shall give priority to an eligible entity—
(A)
proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and
(B)
providing opportunities in high-wage, high-skill, or in-demand sectors and occupations.
(2)

Geographic distribution
In awarding grants, contracts, or cooperative agreements under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of such awards, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas.
(d)

Eligible entity
To be eligible to apply for grants, contracts, or cooperative agreements under this title, an eligible entity shall—
(1)
demonstrate a partnership with two or more of the following—
(A)
a State or local workforce development board or State or local workforce agency;
(B)
an education and training provider, or a consortium thereof;
(C)
a State apprenticeship agency;
(D)
an Indian Tribe or Tribal organization;
(E)
an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system;
(F)
a Governor;
(G)
a labor organization or joint labor-management organization;
(H)
community-based organizations that assist program participants in accessing supportive services; or
(I)
a qualified intermediary; and
(2)
to the extent practicable—
(A)
be part of an industry or sector partnership; and
(B)
partner with a labor or joint labor-management organization.
(e)

General Application requirements
An eligible entity applying for a grant under this section shall submit to the Administrator a description of each of the following:
(1)
Each purpose under subsection (a) for which the applicant intends to use such grant.
(2)
Each entity with which the eligible entity is partnered or engaged under subsection (d) and the role of each such entity in carrying out activities funded under this subsection.
(3)
The ability of the applicant, directly or through partners—
(A)
to enroll, instruct, advance, and graduate program participants served by the grant activities, and enable the participants to gain employment after program completion;
(B)
to support (including by providing technical assistance) program sponsors and employers (especially small- and medium-sized businesses) in the creation of, recruitment for, and execution of programs under the national apprenticeship system; and
(C)
to provide opportunities to rural communities, as applicable.
(4)
A labor market analysis with respect to the geographic area of service that demonstrates—
(A)
the need to create or expand the program; and
(B)
a plan to align the activities supported by the grant with the labor market needs of high-skill, high-wage, or in-demand industry sectors or occupations.
(5)
A plan—
(A)
to comply with requirements for an evaluation and report under section 203;
(B)
as appropriate, to coordinate activities assisted under the grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if appropriate, how funds provided under these programs will be leveraged in support of the programs supported by this grant;
(C)
to use funds awarded under this section in support of the programs supported by this grant, as described in section 202;
(D)
to continue the program after the grant period ends;
(E)
to recruit and retain program participants for pre-apprenticeship, youth apprenticeship, and apprenticeship programs, including from nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, individuals impacted by the criminal or juvenile justice system, and individuals with barriers to employment;
(F)
to ensure program participants are able to access supportive services, as applicable; and
(G)
to comply with the equal opportunity requirements for diversity described in subparagraphs (B) and (C) of section 111(b)(7) and section 113(c)(5), as applicable.
(6)
For any grants, contracts, or cooperative agreements expanding existing programs under the national apprenticeship system, a description of—
(A)
a plan to coordinate the activities carried out under the grant with the existing program; and
(B)
the effectiveness of the program, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in populations served, the effectiveness of the program in increasing participant’s wages and benefits, or services provided to employers and program participants.
(7)
A description of potential program participants and strategies to support the recruitment, retention, and completion of such participants, including nontraditional apprenticeship populations and individuals with barriers to employment, to the extent practicable.
(8)
A description of strategies to recruit and support employers involved in programs under the national apprenticeship system.
(9)
An assurance that the eligible entity will—
(A)
provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out;
(B)
make program performance data collected under section 131 available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in section 203(a)(1); and
(C)
coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities.
(f)

Additional application requirements
The Administrator shall require an eligible entity applying for a grant under this title to include as part of their application in subsection (e) the following information, as applicable:
(1)

Creation and expansion activities
(A)

New apprenticeship programs
An eligible entity applying to create new apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(i) shall include as part of their application a description of—
(i)
any plans for further expansion upon development of the program; and
(ii)
employers, and to the extent practicable, labor organizations or joint labor-management organizations, engaged in the program creation and implementation.
(B)

Expanding apprenticeship programs
An eligible entity applying to expand existing apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(ii) shall include as part of their application a description of employers engaged in the program expansion.
(C)

Creating or expanding pre-apprenticeship programs
An eligible entity applying to create or expand pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iii) shall include as part of their application a description of—
(i)
a partnership between the eligible entity and at least one apprenticeship program; and
(ii)
existing partnerships with employers acting in either an advisory capacity or actively participating in the pre-apprenticeship program.
(D)

Creating or expanding youth apprenticeship programs
An eligible entity applying to create or expand youth apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iv) shall include as part of their application a description of—
(i)
an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with existing integration into the academic content of the high school diploma requirements, or with demonstrated plans for integration of related instruction into the high school curriculum; and
(ii)
existing partnerships with employers acting in either an advisory capacity or actively participating in the youth apprenticeship program.
(2)

Encouraging employer participation
(A)

Individuals with barriers to employment
An eligible entity applying to target individuals with barriers to employment for apprenticeship, youth apprenticeship, or pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(B)(i) shall include as part of their application a description of—
(i)
specific strategies to target both individuals with barriers to employment and employers for participation in the program; and
(ii)
partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion of the program by program participants.
(B)

High-need social service-related industries
An eligible entity applying to offer pre-apprenticeship, youth apprenticeship, or apprenticeship programs in high-need social service-related industries, sectors, or occupations and carry out activities in accordance with subsection (a)(1)(B)(ii) shall include as part of their application a description of wages and benefits offered to program participants.
(C)

Individuals currently or recently incarcerated
An eligible entity applying to target individuals currently or recently incarcerated and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(iii) shall include as part of their application a description of—
(i)
a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program;
(ii)
partnerships with organizations that will assist program participants in accessing activities to improve financial literacy and supportive services;
(iii)
how the assessments used to support the placement of potential program participants into a program accurately reflect the participants’ skills and competencies;
(iv)
a plan to provide information about resources to program participants to address mental health or substance abuse issues;
(v)
partnerships with organizations that support—
(I)
the transition from incarceration to re-entry, such as assistance with housing, transportation, child care, and legal services; and
(II)
successful completion of an apprenticeship or pre-apprenticeship program;
(vi)
wages and benefits offered to program participants that are commensurate with wages for similar work in the State or local area, as allowable; and
(vii)
alignment and necessary supports to comply with and receive the benefits of the Federal Bonding Program and the Prison Industry Enhancement Certification Program for employers participating in apprenticeship programs.
(D)

Small- and medium-sized employers
An eligible entity applying to engage small- and medium-sized employers and carry out activities in accordance with subsection (a)(1)(B)(iv) shall include as part of their application a description of demonstrated success in engaging small- and medium-sized employers and the ability to recruit new employers to participate in related partnerships or programs, including small businesses owned or controlled by women, minorities, or veterans.
(E)

Individuals recently employed in carbon-intensive industries
An eligible entity applying to target individuals recently employed in carbon-intensive industries and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(v) shall include as part of their application a description of—
(i)
specific strategies to target individuals recently employed in carbon-intensive industries for participation in the program;
(ii)
a plan to assist the program participants in applying the skills utilized in carbon-intensive industries to employment opportunities in other sectors; and
(iii)
wages and benefits offered to program participants that are commensurate with wages for similar work.
(3)

Intermediary grants
(A)

Supporting national industry and equity intermediaries
An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(i) shall include as part of their application a description of the ability of such entity to convene a diverse group of industry specific stakeholders for the purposes of developing or expanding programs, including employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), small businesses owned or controlled by women, minorities, or veterans, and education and training providers at a national level or with national reach.
(B)

Serving programs in a local or regional setting
An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(ii) shall include as part of their application a description of how such entity will—
(i)
engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and programs in the national apprenticeship system;
(ii)
identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations;
(iii)
leverage additional resources, including funding provided by Federal and non-Federal resources; and
(iv)
provide services to program sponsors and program participants.
(4)

Educational alignment
An eligible entity applying to carry out activities in accordance with subsection (a)(1)(D) shall include as part of their application a description of—
(A)
a demonstration of a partnership with—
(i)
(I)
no less than three sponsors or employers; or
(II)
an industry or sector partnership; and
(ii)
at least 1 of the following—
(I)
an educational service agency;
(II)
a high school;
(III)
a local educational agency;
(IV)
State educational agency;
(V)
an Indian Tribe, Tribal organization, Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution, as applicable;
(VI)
a postsecondary educational institution;
(VII)
a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or
(VIII)
a State higher education agency; and
(B)
a commitment to establishing or expanding the alignment of the related instruction to—
(i)
the requirements for a high school diploma, which may be fulfilled through a dual or concurrent enrollment program; or
(ii)
the requirements for a recognized postsecondary credential, including the degree requirements for an associate’s or bachelor’s degree.
202.

Uses of Funds
(a)

General activities
An eligible entity applying for any grant activity under section 201(a)(1)—
(1)
shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre-apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, assessment or licensure fees, courses, transportation, child care, internet access, and housing; and
(2)
may use funds for any of the following activities:
(A)
To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system.
(B)
To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system.
(C)
To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system.
(D)
To carry out grant requirements, including program evaluation and reporting requirements.
(E)
To conduct any activities as described in the application that would advance the purposes of the grant.
(F)
To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency.
(b)

Additional uses of funds
(1)

Creation or expansion activities
(A)

Apprenticeship program creation
An eligible entity that receives funds under section 201(a)(1)(A)(i) shall use such funding to create and implement an apprenticeship program, which may include—
(i)
creating and providing training and related instruction based on employer engagement;
(ii)
applying apprenticeship frameworks as described in section 111(b)(5)(C) to the State or local labor market and employer needs;
(iii)
aligning the new program with existing apprenticeship programs; or
(iv)
appropriate equipment, technology, and instructional materials aligned with new program needs, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials.
(B)

Apprenticeship program expansion
An eligible entity that receives funds under section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include—
(i)
expanding and enhancing related instruction;
(ii)
conducting outreach to and engagement with employers for the purposes of program expansion, including creation of new or expansion of existing industry or sector partnerships;
(iii)
preparing additional instructors or mentors needed for program expansion;
(iv)
building awareness of apprenticeship program opportunities for State or local workforce development, education, and economic development entities; and
(v)
providing commensurate wages to wages for on-the-job training for program participants during related instruction, as applicable.
(C)

Pre-apprenticeship programs
An eligible entity that receives funds under section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre-apprenticeship program, which may include—
(i)
coordinating pre-apprenticeship program activities with an apprenticeship program in a high-skill, high-wage, or in-demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program;
(ii)
creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace and supporting partnerships to create opportunities for pre-apprentices to earn credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program;
(iii)
providing participants with career exploration and career planning activities and with exploration of postsecondary opportunities including apprenticeship programs;
(iv)
with respect to participants without a high school diploma or a generally recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre-apprentices or active pre-apprentices, including those that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program;
(v)
development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of a pre-apprenticeship program;
(vi)
providing commensurate wages to the linked apprenticeship program for pre-apprentices as they participate in and complete the pre-apprenticeship program, as appropriate;
(vii)
paying the cost of related instruction or assessment or licensure fees associated with the pre-apprenticeship program, as appropriate;
(viii)
providing stipends to pre-apprentices enrolled in a pre-apprenticeship program to cover costs such as housing, transportation, childcare or out of pocket expenses resulting from the pre-apprenticeship program such as assessments and fees for industry recognized credentials or drivers licenses during the time of enrollment; or
(ix)
creating or expanding industry or sector partnerships to support the pre-apprenticeship program and to provide additional opportunities to the pre-apprentices.
(D)

Youth apprenticeship programs
An eligible entity that receives funds under section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include—
(i)
paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials including industry recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment;
(ii)
providing employers, and to the extent practicable, labor organizations and joint labor-management organizations, technical assistance to support the participation of youth apprentices under the age of 18;
(iii)
integrating work-based and academic learning, which may include training in the workplace;
(iv)
providing career exploration and career planning activities, including exploration of postsecondary opportunities such as apprenticeship programs;
(v)
providing technical assistance to support the participation of small- and medium-sized businesses in youth apprenticeship programs;
(vi)
developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of such a youth apprenticeship program; or
(vii)
providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships.
(2)

Incentive funds
(A)

Barriers to employment
An eligible entity that receives funds under section 201(a)(1)(B)(i) shall use such funds to encourage employer participation in programs under the national apprenticeship system that target individuals with barriers to employment, which may include—
(i)
providing financial assistance to employers to support costs related to the programs, such as training incumbent workers for participation as mentors or employees supervising the on-the-job learning;
(ii)
supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; and
(iii)
establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system.
(B)

High-need social service-related industries
An eligible entity that receives funds under section 201(a)(1)(B)(ii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system in high need social service-related industries, sectors, or occupations, which may include—
(i)
providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors, or employees providing on-the-job training;
(ii)
supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction;
(iii)
establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system; or
(iv)
aligning such program with career pathways and opportunities for advancement along such career pathways.
(C)

Individuals impacted by the justice system
An eligible entity that receives funds under section 201(a)(1)(B)(iii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system that target individuals impacted by the criminal or juvenile justice system, which may include—
(i)
providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; or
(ii)
supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction.
(D)

In-demand industry sector or occupation grants for small- and medium-sized businesses
An eligible entity that receives funds under section 201(a)(1)(B)(iv) shall use such funds to encourage participation of small- and medium-sized businesses in programs under the national apprenticeship system, which may include—
(i)
providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning;
(ii)
supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction;
(iii)
providing technical assistance to small- and medium-sized businesses on the program registration process and leveraging other available funds to support carrying out programs supported by this grant; or
(iv)
establishing or expanding partnerships to support program development or expansion, including establishing or expanding industry or sector partnerships to ensure inclusion of small- and medium-sized businesses.
(3)

Intermediary grants
(A)

National Industry and Equity Intermediaries
An eligible entity that receives funds under section 201(a)(1)(C)(i) shall use such funds to carry out activities at a national and regional level to support the promotion and expansion of industry or equity intermediaries, which may include—
(i)
creating partnerships and leveraging collaborations with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of programs under the national apprenticeship system nationwide;
(ii)
assisting employers in expanding programs, starting new programs, and working together to create a pipeline of skilled workers;
(iii)
increasing the participation and completion of nontraditional apprenticeship populations in programs under the national apprenticeship system, which may include—
(I)
supporting the development, implementation, and scaling of plans and practices; and
(II)
identifying, developing, and disseminating effective program tools and strategies;
(iv)
providing national activities to increase awareness and access to programs, including strategic marketing and outreach, technology improvements, and innovations that make it easier for employers to start programs and for individuals to connect with program opportunities;
(v)
developing and disseminating training or related instruction associated with the program or for curriculum improvements that align with the requirements of the program and learning assessments; or
(vi)
providing industry employees or potential employees with a clear understanding of future career paths and the skills needed to succeed, along with cost effective ways of acquiring those skills through youth apprenticeship, pre-apprenticeship, or apprenticeship programs.
(B)

Local intermediaries
An eligible entity that receives funds under section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local or regional level to support the promotion and expansion of programs under the national apprenticeship system, which may include—
(i)
providing training or related instruction associated with the programs or for curriculum improvements that align with the requirements of the programs and learning assessments;
(ii)
engaging with local education and training providers to support related instruction aligned with the needs of high-skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction;
(iii)
providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include the 12-month period after the conclusion of the other activities in the youth apprenticeship and pre-apprenticeship programs involved);
(iv)
providing technical assistance on the registration process for a sponsor of a youth apprenticeship, pre-apprenticeship, or apprenticeship program;
(v)
connecting businesses, labor organizations, or joint labor-management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of a youth apprenticeship, pre-apprenticeship, or apprenticeship program;
(vi)
providing training to employees to serve as on-the-job trainers or mentors to program participants; and
(vii)
providing career exposure, career planning, and career awareness activities.
(4)

Educational alignment grants
An eligible entity that receives funds under section 201(a)(1)(D) shall use such funds to strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary and postsecondary education systems, including degree and credential requirements, which may include—
(A)
creating and aligning the related instruction to requirements for a high school diploma or an associate’s or bachelor’s degree, including through—
(i)
dual enrollment and credit articulation for youth apprenticeship programs;
(ii)
articulation agreements; or
(iii)
credit transfer agreements;
(B)
creating or expanding career pathways aligned with pre-apprenticeship, youth apprenticeship, or apprenticeship programs;
(C)
providing professional development for teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals to build an understanding of opportunities in the national apprenticeship system available to students and to incorporate such opportunities into academic content and offerings;
(D)
offering prior learning assessments, which may include credit for prior learning to grant advanced standing in a program under the national apprenticeship system and credit towards an associate’s or bachelor’s degree;
(E)
maintaining a connection between a pre-apprenticeship or youth apprenticeship program and an apprenticeship program; and
(F)
providing training for instructors or mentors.
203.

Grant evaluations
(a)

Recipient reports
Each recipient of a grant under this section shall—
(1)
provide for an independent evaluation of the activities carried out under this title during the grant period;
(2)
provide for an annual report and for a final report at the conclusion of the grant period, which include—
(A)
a description of how the funds received through the grant were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C);
(B)
in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section on a quarterly basis;
(C)
the total number of active program participants served by each of the grant programs;
(D)
the total number that obtained unsubsidized employment in a field related to the occupation suitable for apprenticeship;
(E)
the total number of program participants that completed the program in which they were enrolled;
(F)
the average time to completion for each program as compared to the program standards description under paragraphs (1) and (2) of section 123(b);
(G)
the average cost per participant during the most recent program year and the 3 preceding program years;
(H)
the percentage of participants who received support services; and
(I)
the disaggregation of performance data described in subparagraphs (A) through (H)—
(i)
by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and
(ii)
by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)); and
(3)
submit each report under paragraph (2)—
(A)
to the registration agency; and
(B)
to the Administrator.
(b)

Administrator evaluations
(1)

In general
The Administrator shall prepare—
(A)
not later than 36 months after the date of enactment of the National Apprenticeship Act of 2022, an interim evaluation on the activities carried out under grants, contracts, or cooperative agreements awarded under this section; and
(B)
not later than 60 months after the date of enactment of the National Apprenticeship Act of 2022, a final evaluation containing the results of the grant activities.
(2)

Contents
Such evaluations shall address, for the activities carried out under each grant awarded under this section, the general effectiveness of the activities in relation to their cost, including the extent to which the activities—
(A)
improve the participation in, retention in, and completion of youth apprenticeship, pre-apprenticeship, and apprenticeship programs by nontraditional apprenticeship populations;
(B)
to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such activities;
(C)
respond to the needs reflected in State, regional, or local labor market data;
(D)
align with high-skill, high-wage, or in-demand industries or occupations; and
(E)
reach a wide variety of industry sectors and occupations;
(3)

Reports to Congress
Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this section, the Administrator shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the interim evaluations and a report summarizing the final evaluations.
(4)

Public access
The Administrator shall make the interim and final reports available on a publicly accessible website not later than 60 days after the completion of the interim report and the final report.
204.

Authorization of appropriations for grants
There are authorized to be appropriated to carry out this title:
(1)
$400,000,000 for fiscal year 2023;
(2)
$500,000,000 for fiscal year 2024;
(3)
$600,000,000 for fiscal year 2025;
(4)
$700,000,000 for fiscal year 2026; and
(5)
$800,000,000 for fiscal year 2027.”.
90104.

Conforming amendments
(a)

American Competitiveness and Workforce Improvement Act of 1998
Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b)

Immigration and Nationality Act
Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended—
(1)
in the heading, by striking “for job training” and inserting “for programs under the national apprenticeship system”; and
(2)
by striking “for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998” and inserting “to carry out title II of the National Apprenticeship Act”.
II

Elementary and Secondary Education
90201.

Postsecondary stem pathways grants
(a)

Purpose
The purpose of this section is to support equitable access to postsecondary STEM pathways to increase the number of students exposed to high-quality STEM advanced coursework, support students in reducing college costs, improve postsecondary credit transfers, and increase postsecondary completion.
(b)

Definitions
In this section:
(1)

Advanced coursework
The term “advanced coursework” means coursework designed for students to earn postsecondary credit upon its successful completion while still in high school, including coursework or assessments associated with Advanced Placement, International Baccalaureate, a dual or concurrent enrollment program, or an early college high school program.
(2)

Eligible entity
The term “eligible entity” means a partnership that—
(A)
shall include—
(i)
the State educational agency;
(ii)
one or more local educational agencies, including charter schools operating as a local educational agency, located in the State, which may include an educational service agency; and
(iii)
either—
(I)
the State public higher education system inclusive of all 2-year and 4-year public institutions of higher education in the State; or
(II)
a consortium of the State’s public higher education institutions or systems that, together, is inclusive of all 2-year and 4-year public institutions of higher education in the State; and
(B)
may include 1 or more businesses, associations, or nonprofit organizations representing businesses, an industry or sector partnership, private nonprofit institutions of higher education, nonprofit organizations, a State workforce agency, or a State board.
(3)

ESEA definitions
The terms “dual or concurrent enrollment program”, “early college high school”, “educational service agency”“elementary school”, “English learner”, “evidence-based”, “high school”, “institution of higher education”, “local educational agency”, “middle grades”, “other staff”, “professional development”, “regular high school diploma”, “Secretary”, “State educational agency”, and “technology” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4)

First-generation college student
The term “first-generation college student” has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 (20 U.S.C. 1070a–11(h)).
(5)

Governor
The term “Governor” means the chief executive officer of a State.
(6)

Outlying area
The term “outlying area” has the meaning given the term in section 8101(36)(A) of the Elementary and Secondary Education of 1965 (20 U.S.C. 7801(36)(A)).
(7)

Historically Black college or university
The term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(8)

Minority-serving institution
The term “minority-serving institution” a means a Hispanic-serving institution, Alaska Native-serving institution and Native Hawaiian-serving institution, Predominantly Black Institution, Asian American and Native American Pacific Islander-serving institution, or Native American-serving nontribal institution, as defined in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(9)

Perkins definitions
The terms “career and technical education” and “work-based learning” have the meanings given the terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(10)

Postsecondary stem pathway
The term “postsecondary STEM pathway” means a sequence of courses focused on STEM education, including advanced coursework approved by the eligible entity taken at any point during high school, that—
(A)
when taken together, provide at least 12 credit hours or the equivalent coursework toward an associate degree or baccalaureate degree, or, in the case of postsecondary credit in career and technical education earned through such sequence of courses, credit toward a recognized postsecondary credential for a high-skill, high-wage, or in-demand industry sector or occupation;
(B)
if completed successfully, results in credit that—
(i)
counts as credit toward the State’s regular high school diploma; and
(ii)
is a part of the statewide articulation agreement described in subsection (d)(2)(B); and
(C)
may include work-based learning in a STEM field aligned with the academic coursework offered in a postsecondary STEM pathway.
(11)

State
The term “State” means each of the 50 States, the District of Columbia, and Puerto Rico.
(12)

STEM education
The term “STEM education” has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).
(13)

Students from a family with a low income
The term “students from a family with a low income” means any students who are identified by any of the measures described in section 1113(a)(5) of the Elementary and Secondary Education Act (20 U.S.C. 6313(a)(5)).
(14)

Subgroup of students
The term “subgroup of students” means—
(A)
each subgroup of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi));
(B)
homeless children and youths, as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
(C)
students who are in foster care or are aging out of the foster care system; and
(D)
first-generation college students.
(15)

Tribal College or University
The term “Tribal College or University” has the meaning given that term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(16)

WIOA definitions
The terms “in-demand industry sector or occupation”, “industry or sector partnership,”“local board”, “recognized postsecondary credential”, and “State board” have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(c)

Authorization of grants
(1)

In general
From the amounts appropriated under subsection (j) and not reserved under paragraph (2), the Secretary shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to implement activities described under subsection (e).
(2)

Reservations
From the total amount appropriated under subsection (j) for a fiscal year, the Secretary shall reserve—
(A)
1 percent for the Bureau of Indian Education to improve access to postsecondary STEM pathways;
(B)
1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, to improve access to postsecondary STEM pathways;
(C)
2 percent to conduct the evaluation described under subsection (g); and
(D)
2 percent for technical assistance and dissemination, which may include—
(i)
providing, directly or through grants, contracts, or cooperative agreements, technical assistance on using evidence-based practices to improve the outcomes of activities funded under this section; and
(ii)
disseminating information on evidence-based practices that are successful in improving the quality of activities funded under this section.
(3)

Duration
A grant awarded under this section shall be for a period of not more than 5 years.
(4)

Renewal
The Secretary may renew a grant awarded under this section for 1 additional 2-year period for programs that meet the goals specified in subsection (d)(4)(B).
(5)

Diversity of projects
In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(6)

Sufficient size and scope
Each grant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out the purposes of this section.
(7)

Priorities
In awarding grants under this section, the Secretary shall give priority to applications that—
(A)
prioritize evidence-based strategies to increase the access of all subgroups of students served by the eligible entity to postsecondary STEM pathways; and
(B)
are submitted by eligible entities that include local educational agencies who are in the highest quartile of local educational agencies, in a ranking of all qualified local educational agencies in the State, ranked in descending order by the number or percentage of children in each agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
(d)

Eligible entity application
In order to receive a grant under subsection (c)(1), the eligible entity shall submit an application to the Secretary, at such time, and in such manner as the Secretary may reasonably require. Such application shall include—
(1)
signatures from the Governor, chief State school officer, and the State higher education executive officer (or, in the case of a State without such an officer, a representative of an entity described in subsection (b)(2)(A)(iii) within such eligible entity) verifying that the eligible entity shall meet the requirements described in paragraph (2) within the specified timeframe;
(2)
a description of how the eligible entity will, not later than 2 years after the date of the initial receipt of funds under this section—
(A)
ensure STEM postsecondary pathways are aligned with entrance requirements for credit-bearing coursework at the State’s public institutions of higher education; and
(B)
develop or expand a formal, universal statewide articulation agreement among all public institutions of higher education or systems in the State—
(i)
to guarantee that—
(I)
all advanced coursework successfully completed as part of a postsecondary STEM pathway results in credit that—
- (aa)
counts as credit for a regular high school diploma;
- (bb)
is fully acceptable in transfer and is credited toward meeting related degree or certificate requirements by all public institutions of higher education in the State; and
(II)
if a student earns an associate degree (including an associate degree in applied science) as part of a postsecondary STEM pathway, such associate degree, awarded by a participating institution of higher education in the State, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State and, as applicable, other institutions of higher education participating in an articulation agreement described in subparagraph (C); and
(ii)
to facilitate the seamless transfer of credit earned in the postsecondary STEM pathway, and at the discretion of the eligible entity, any other advanced coursework made available in the State, among such institutions of higher education, including between 2-year and 4-year public institutions of higher education and other institutions of higher education participating in an articulation agreement described in subparagraph (C), by using methods such as—
(I)
common course numbering;
(II)
a general education core curriculum; and
(III)
management systems regarding course equivalency, transfer of credit, and articulation; and
(C)
in the case of one or more public institutions of higher education in another State, or one or more private, nonprofit institutions of higher education (including public institutions in another State and private, nonprofit institutions that are historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions), which seek to participate in a postsecondary STEM pathway supported by the eligible entity, enable such institutions to participate in such postsecondary STEM pathway by developing one or more separate articulation agreements with such institutions that are aligned with the requirements of the articulation agreement described in subparagraph (B);
(3)
a description of how the eligible entity will disseminate information at a minimum to all subgroups of students in the middle grades and high school served by the eligible entity, including their families, about the opportunity to participate in a postsecondary STEM pathway and the benefits of participation;
(4)
a description of how the eligible entity will implement postsecondary STEM pathways in all local educational agencies participating in the eligible entity, including—
(A)
the timeline and plan to provide, by the end of the grant period, a substantial number of students in the local educational agencies within the eligible entity the opportunity to participate in a postsecondary STEM pathway; and
(B)
annual goals for participation in advanced coursework and postsecondary STEM pathways among all subgroups of students such that, if the goals are met—
(i)
significant progress will be made toward increasing equity in access to and participation in advanced coursework and postsecondary STEM pathways for subgroups of students across the local educational agencies within the eligible entity; and
(ii)
the demographics of students participating in advanced coursework and postsecondary STEM pathways will be similar to the demographics of total student enrollment in the State the eligible entity is located in by the end of the grant period;
(5)
a description of how the eligible entity has, or will, ensure that postsecondary STEM pathways are aligned with recognized postsecondary credentials in high-skill, high-wage, or in-demand industries or occupations and provide students, where appropriate, with opportunities for work-based learning;
(6)
a description of how the eligible entity consulted with stakeholders in development of its application and how the eligible entity will continue to engage, collaborate, and solicit feedback with stakeholders to improve implementation of the application requirements described in this subsection and uses of funds described in subsection (e), including—
(A)
the State board of education (if the State has a State board of education);
(B)
the State higher education governing or coordinating entity (if the State has such an entity);
(C)
the State board and relevant local boards;
(D)
the State agency responsible for the administration of career and technical education in the State or for the supervision of the administration of career and technical education in the State (if the State has such an entity);
(E)
institutions of higher education in the State;
(F)
local educational agencies, including those located in rural areas and with the highest enrollments of students from low income families, as described in subsection (c)(7)(B);
(G)
representatives of Indian Tribes located in the State;
(H)
charter school leaders (if the State has charter schools);
(I)
civil rights organizations in the State;
(J)
business leaders or their representatives in the State;
(K)
teachers, principals, and other school leaders; and
(L)
parents and students;
(7)
an assurance that the eligible entity will provide postsecondary STEM pathways at no cost to students and their families, including that students and their parents shall not be required to pay the cost of tuition, fees (including examination fees associated with Advanced Placement, International Baccalaureate, and similar examinations), books, and supplies necessary to successfully complete postsecondary STEM pathways;
(8)
an assurance that not less than half of grant funds received by the eligible entity will be used to support all subgroups of students in accessing and completing postsecondary STEM pathways;
(9)
an assurance that the State will comply with the supplement, not supplant requirement described under subsection (h); and
(10)
a description of how the eligible entity will sustain the activities assisted under the grant after the end of the grant period.
(e)

Uses of funds
(1)

Required uses
An eligible entity receiving a grant under this section shall use grant funds to carry out the following:
(A)
Activities to implement the alignment requirements pursuant to subsection (d)(2) for a period of time not to exceed the first 2 fiscal years for which the grant is provided.
(B)
Supporting the development and implementation of postsecondary STEM pathways consistent with the timeline, plan, and goals specified in subsection (d)(4) in order to increase the number of students accessing and completing postsecondary STEM pathways in the State, which may include—
(i)
expanding advanced coursework offered to students served by the eligible entity to increase the availability of postsecondary STEM pathways;
(ii)
covering tuition, fees (including examination fees associated with Advanced Placement, International Baccalaureate, and similar examinations), books, and supplies for students participating in postsecondary STEM pathways, in accordance with subsection (d)(7); and
(iii)
covering transportation and technology infrastructure (including computers devices and internet connectivity) costs necessary for full participation in postsecondary STEM pathways for students from a family with a low income.
(C)
Implementing programs and activities to improve student preparation for, and participation in postsecondary STEM pathways, with a priority for students enrolled in local educational agencies described in subsection (c)(7)(B) and subgroups of students, which may include—
(i)
using data from evidence-based early warning indicator systems;
(ii)
providing supplemental advising or counseling activities that are voluntary to students, including information on choosing postsecondary options, applying for financial aid, completing applications to institutions of higher education, and career counseling and advising, beginning as early as the middle grades; and
(iii)
other evidence-based activities to support the successful implementation of postsecondary STEM pathways and students’ transition from high school to postsecondary education.
(D)
Conducting outreach and communicating with subgroups of students, including their families, to build awareness about the opportunity to participate in a postsecondary STEM pathway and the benefits of participation.
(2)

Permitted uses
An eligible entity receiving a grant under this section may also use grant funds to—
(A)
provide professional development or recruitment for educators employed by the local educational agencies within the eligible entity and for faculty who teach courses that are included in a postsecondary STEM pathway, including increasing the number of educators qualified to teach dual or concurrent enrollment programs in STEM courses, to improve access and completion of such pathways, particularly for subgroups of students; and
(B)
carry out capacity-building efforts to improve the coordination between the elementary and secondary education system and the higher education system, including through stakeholder engagement and monitoring.
(3)

Transportation cap
An eligible entity may use not more than 10 percent of grant funds to cover transportation costs authorized under paragraph (1)(B)(iii).
(4)

Technology infrastructure cap
An eligible entity may use not more than 10 percent of grant funds for purchasing technology as authorized under paragraph (1)(B)(iii).
(f)

Reporting requirements
(1)

Eligible entity reporting
Not later than 1 year after receipt of a grant under this section and every year until the grant period ends, the eligible entity shall provide a report to the Secretary that includes—
(A)
information on the progress of the eligible entity in establishing the policies and completing the required activities as specified in subsection (d)(2);
(B)
the number and percentage of local educational agencies and institutions of higher education in the State offering a postsecondary STEM pathway, including changes year-over-year, and the extent to which the eligible entity was meeting its timeline, plan, and goals specified in subsection (d)(4);
(C)
the eligible entity’s progress in meeting the goals established by the eligible entity for the participation of subgroups of students in postsecondary STEM pathways as specified in subsection (d)(4);
(D)
evidence demonstrating how the eligible entity certified each such pathway meets all the requirements of this section;
(E)
the number and percentage of students in the State, including disaggregated by each subgroup of students, who—
(i)
participate in a postsecondary STEM pathway; and
(ii)
participate in a postsecondary STEM pathway and—
(I)
successfully complete a postsecondary STEM pathway;
(II)
enroll in an institution of higher education and receive credit, in accordance with the alignment requirements described in subsection (d)(2);
(III)
receive credit toward a recognized postsecondary credential for a high-skill, high-wage, or in-demand industry sector or occupation; and
(IV)
earn a postsecondary credential; and
(2)

Secretary’s report
Not later than 6 months after receiving the initial report described in paragraph (1) and annually thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives that includes a summary of reports submitted by eligible entities and identifies best practices related to improving access to STEM education and postsecondary education, particularly for subgroups of students, through the implementation of postsecondary STEM pathways.
(g)

Evaluation
The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct an independent evaluation after the initial award of grants under this section, of the policies and services provided under this section, including at a minimum, the impact of such policies and services on outcomes for all students, and particularly for subgroups of students, with regard to each of the following:
(1)
Enrollment in and completion of advanced coursework during high school, including the number of courses students take and the number of credits students earn.
(2)
Postsecondary enrollment, remediation, first-year credit attainment, persistence, and completion, including the number of students who enrolled in a STEM field, and the number of students who received a credential in a STEM field.
(3)
The rate at which credits earned through postsecondary STEM pathways are recognized for credit by public institutions of higher education institutions.
(4)
Postsecondary degree attainment, including completion of an associate degree, baccalaureate degree, or recognized postsecondary credential, and the time it takes students to earn a degree.
(5)
Changes in access and rigor of STEM education offered to students served by local educational agencies in eligible entities.
(6)
To the extent practicable, analysis of student outcomes described in paragraphs (1) through (5) by STEM field.
(h)

Supplement, not supplant
Federal funds provided under this section shall be used to supplement, not supplant, other Federal, State, or local funds available to carry out activities described in this section.
(i)

Disaggregation of data
Disaggregation of data required under this section shall not be required when the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.
(j)

Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026.
90202.

Improving access to elementary and secondary computer science education
(a)

Purpose
The purpose of this section is to improve the United States’ global competitiveness by improving access to computer science education and computational thinking skills for students enrolled in elementary schools and secondary schools operated by local educational agencies, particularly for students from groups who are underrepresented in computer science fields.
(b)

Definitions
In this section:
(1)

Computational thinking skills
The term “computational thinking skills” means critical thinking skills that include—
(A)
knowledge of how problems and solutions can be expressed in such a way that allow them to be modeled or solved using a computer or machine;
(B)
the use of strategies related to problem decomposition, pattern matching, abstractions, modularity, and algorithm design; and
(C)
that involve creative problem solving skills and are applicable across a wide-range of disciplines and careers.
(2)

Computer science education
The term “computer science education” means instruction or learning regarding the study of computers and algorithmic processes and the study of computing principles and theories, as defined by a State, and may include instruction or learning on—
(A)
computer programming or coding as a tool to—
(i)
create software, such as applications, games, and websites; and
(ii)
process, manage, analyze, or manipulate data;
(B)
development and management of computer hardware related to sharing, processing, representing, securing, and using digital information; and
(C)
computational thinking skills and interdisciplinary problem-solving to equip students with the skills and abilities necessary to apply computational thinking in the digital world.
(3)

ESEA definitions
The terms “dual or concurrent enrollment program”, “elementary school”, “educational service agency”, “English learner”, “evidence-based”, “local educational agency”, “middle grades”, “professional development”, “secondary school”, “Secretary”, “State educational agency”, and “technology” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4)

Outlying area
The term “outlying area” has the meaning given the term in section 8101(36)(A) of the Elementary and Secondary Education of 1965 (20 U.S.C. 7801(36)(A)).
(5)

State
The term “State” means each of the 50 States, the District of Columbia, and Puerto Rico.
(6)

Subgroup of students
The term “subgroups of students” means—
(A)
each subgroup of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi);
(B)
homeless children and youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); and
(C)
children and youth in foster care.
(7)

Technology infrastructure
The term “technology infrastructure” means computer devices and internet connectivity.
(c)

Authorization of grants
(1)

In general
From the amounts appropriated under subsection (l), after making the reservations described in paragraph (2), the Secretary shall award computer science education program grants, on a competitive basis, to State educational agencies (which may include consortia of State educational agencies) that have submitted applications described in subsection (d) to increase access to computer science education and increase the development of computational thinking skills in elementary and secondary education, particularly for subgroups of students , in order to increase American competitiveness, in accordance with this section.
(2)

Reservations
From the total amount appropriated under subsection (l) for a fiscal year, the Secretary shall reserve—
(A)
1 percent for the Bureau of Indian Education for the purpose of this section;
(B)
1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, for the purposes of this section;
(C)
2 percent for technical assistance and administration; and
(D)
2 percent for evaluation, in accordance with subsection (h).
(3)

State grants
(A)

In general
A State educational agency receiving a grant under paragraph (1) shall use not less than 90 percent of the grant funds to award competitive subgrants to local educational agencies, including charter schools operating as a local educational agency, and educational service agencies.
(B)

State reservations
A State educational agency receiving a grant under paragraph (1) shall reserve not more than 10 percent of the total grant amount received by the State for State level activities described in subsection (f)(1), of which not more than 2 percent of the total grant amount received by the State shall be used to provide technical assistance or for administrative purposes.
(C)

Sufficient size and scope
Grants awarded by the Secretary under this section shall be of sufficient size and scope to allow State educational agencies to carry out the purpose of this section.
(D)

Duration; renewal
A grant awarded under this section shall be for a period of not more than 5 years. The Secretary may renew a grant awarded under this section for 1 additional 2-year period for programs that meet the outcomes described in the data-driven plan required under subsection (d)(1).
(4)

Coordination
The Secretary shall coordinate with the Director of the National Science Foundation to support the effective implementation of the grant program under this section.
(d)

State application
In order to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require, which shall include the following:
(1)
A description of the State educational agency’s plan to increase equitable access to computer science education and improve the development of computational thinking skills for all students, and particularly for subgroups of students, including how the State educational agency will—
(A)
identify locations in the State, including across and within local educational agencies and across and within the schools served by such agencies, in which there are gaps in access to and enrollment in computer science coursework for subgroups of students;
(B)
use data collected under subparagraph (A) to identify strategies for increasing access to and enrollment in computer science coursework for subgroups of students; and
(C)
ensure that local educational agencies and educational service agencies receiving a subgrant under this section develop and implement strategies to meet such agency’s goals described in subsection (f)(2)(A), including through the measurement and collection of local data aligned with the State educational agency’s plan.
(2)
A description of the factors the State educational agency will take into account when reviewing applications submitted by agencies under subsection (e) and making subgrants under this section, including how such State educational agency shall—
(A)
take into consideration the need among agencies, including the number of students served by such agencies who are from families with low incomes, in accordance with paragraph (3)(A)(i); and
(B)
consider the agency’s capacity and commitment, including the agencies’ previous work to address achievement gaps, to—
(i)
close equity gaps in access to and enrollment in computer science education coursework particularly for subgroups of students; and
(ii)
provide access to high-quality instruction to improve the development of computational thinking skills in elementary and secondary education, particularly for students in elementary school and in the middle grades.
(3)
An assurance that the State educational agency—
(A)
shall give priority in subgrant awards to local educational agencies that—
(i)
are in the highest quartile of local educational agencies, in a ranking of all local educational agencies in the State, ranked in descending order by the number or percentage of children in each agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); or
(ii)
will partner or collaborate with a Historically Black College or University (within the meaning of the term “part B institution” under section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) or other institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), that is located within the State, to carry out activities under the subgrant, in accordance with subsection (f)(2);
(B)
will distribute subgrant awards among geographically diverse areas, including urban, suburban, and rural areas; and
(C)
in operating the local competitive subgrant process described in subsection (c)(3)(A), shall conduct outreach to local educational agencies described in subparagraph (A)(i) to make the agencies aware of the subgrant availability under this section, and provide technical assistance and support to such agencies in submitting an application under subsection (e).
(4)
A description of the State educational agency’s strategy to increase the number of educators prepared to teach computer science education, including by—
(A)
recruiting educators or individuals with backgrounds in computer science to teach computer science, diversifying the computer science educator pipeline, providing evidence-based professional development for current educators, or providing evidence-based training for current educators seeking to transition from other content areas to computer science; and
(B)
working with public institutions of higher education in the State to examine the State’s policies regarding educator preparation and licensure to support increased access and enrollment for candidates enrolled in educator preparation programs and current educators in computer science education.
(5)
A description of the policies and practices of the State educational agency intended to support increased access and enrollment in computer science and support the development of computational thinking skills for elementary school and secondary school students, including—
(A)
the State educational agency’s efforts to assist local educational agencies to—
(i)
offer computer science education in secondary schools, which may include Advanced Placement or International Baccalaureate computer science courses, computer science courses in dual or concurrent enrollment programs, in-demand industry credentials, or high-quality distance education, particularly for subgroups of students across the State as measured by the data collected under paragraph (1)(A); and
(ii)
support the development of opportunities for youth to access extracurricular opportunities, career exploration and exposure activities, career information and advising, and high-quality work-based learning opportunities (such as internships) to increase exposure to computer science education and career pathways, and support the development of computational thinking skills, particularly for subgroups of students;
(B)
how the State educational agency supports rigorous instruction in computer science education and the development of computational thinking skills, particularly for students enrolled in elementary school or in the middle grades; and
(C)
how the State educational agency’s plan described in paragraph (1) and grant funds provided under subsection (c) will be used to inform and change such policies and practices to increase access to instruction in computer science education and the development of computational thinking skills for all students, and particularly for subgroups of students.
(e)

Subgrant applications
(1)

In general
In order to receive a subgrant under this section, a local educational agency (which may include a consortium of local educational agencies) or an educational service agency shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. At a minimum, such application shall include the following:
(A)
A description of how the local educational agency or educational service agency will—
(i)
develop and implement the plan described in subsection (f)(2)(A); and
(ii)
diversify and support its computer science educators, including through recruitment and retention activities, analyzing disparities among its educators by race, ethnicity, sex, socioeconomic status, age, disability status, and language ability, and addressing such disparities, in alignment with the State educational agency’s strategy described in subsection (d)(4).
(B)
A description of the existing computer science education coursework offered in secondary schools operated by the local educational agency or educational service agency, including the number of students who enroll and complete such courses disaggregated by each subgroup of students.
(C)
A description of how the local educational agency or educational service agency will use subgrant funds to implement evidence-based practices to improve the quality of instruction in computer science and the development of computational thinking skills, including—
(i)
providing evidence-based professional development for educators who teach computer science or are seeking to transition to teaching computer science; and
(ii)
improving instruction in the development of computational thinking skills for students in elementary schools and secondary schools, particularly for students in elementary schools and middle grades.
(D)
A description regarding whether and how the local educational agency or educational service agency may partner or collaborate, to carry out activities with the subgrant, in accordance with subsection (f)(2), with at least 1 of the following entities, to the extent practicable if such entities are located within the State:
(i)
A Historically Black College or University (within the meaning of the term “part B institution” under section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) or other institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(ii)
A computer science industry, institution of higher education, nonprofit organization, library, community learning center (as defined in section 4201(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b))), State workforce agency, or the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111).
(E)
An assurance that the local educational agency or educational service agency will meet the requirements under paragraph (2).
(2)

Targeting of funds to high-needs schools
(A)

In general
A local educational agency or educational service agency that receives a subgrant under this section shall use not less than 50 percent of such funds to support elementary schools and secondary schools that meet one of the following criteria:
(i)
Using any of the measures of poverty in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)), elementary schools and secondary schools that have a higher percentage of students from families with low incomes than the average of the percentage of students from families with low incomes across all elementary schools and secondary schools served by the local educational agency or educational service agency.
(ii)
Using any of the measures of poverty in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)), elementary schools and secondary schools by grade-span grouping that have a higher percentage of students from families with low incomes than the average of the percentage of students from families with low incomes across all elementary schools and secondary schools serving students in such grade-span grouping in the local educational agency or educational service agency.
(B)

Secondary schools
In identifying schools under subparagraph (A), percentages of students from families with low incomes in secondary schools may be calculated using comparable data from the schools that feed into such secondary school.
(f)

Uses of funds
(1)

State use of funds
A State educational agency shall use amounts reserved under subsection (c)(3)(B) for 1 or more of the following:
(A)
Implementing the plan described in subsection (d)(1), including through the provision of technical assistance, data collection and analysis, and capacity building supports to all local educational agencies within the State, to expand access to rigorous computer science education and increase the development of computational thinking skills for elementary school and secondary school students, particularly for subgroups of students.
(B)
Implementing the State educational agency’s strategy to support computer science educators described in subsection (d)(4) by diversifying and increasing the number of educators adequately prepared to deliver rigorous instruction in computer science, through recruitment, evidence-based professional development for educators, or evidence-based training for current educators seeking to transition from other subjects to computer science.
(C)
Identifying and supporting the implementation and scaling of evidence-based instructional strategies in computer science education and instruction on how to develop computational thinking skills in students that are supported by strong or moderate evidence.
(D)
Supporting the development of opportunities for youth to access extracurricular opportunities, career exploration and exposure activities, career information and advising, and high-quality work-based learning opportunities (such as internships), to develop computational thinking skills and increase exposure to computer science education and career pathways particularly for subgroups of students.
(2)

Local educational agency’s use of funds
A local educational agency or educational service agency that receives a subgrant under this section shall use funds for the following activities:
(A)
Developing and implementing a plan (in alignment with the State educational agency’s plan described in subsection (d)(1)) that—
(i)
regularly measures, analyzes, and addresses gaps in access to and enrollment in computer science education and in the development of computational thinking skills for subgroups of students;
(ii)
establishes goals and specifies activities supported by subgrant funds to meet those goals by—
(I)
increasing access to computer science education coursework in elementary schools and secondary schools that do not offer such courses;
(II)
addressing challenges faced by subgroups of students in enrolling and succeeding in computer science education coursework in elementary schools and secondary schools that do offer such courses; and
(III)
providing high-quality instruction to support the development of computational thinking skills for students in elementary schools and secondary schools, particularly for students in elementary schools and middle grades; and
(iii)
prioritizes using subgrant funds to support schools with significant enrollments of students from families with low incomes as described in subsection (e)(2).
(B)
Carrying out 1 or more of the following:
(i)
Expanding access to rigorous computer science education and improve the development of computational thinking skills for all students especially subgroups of students, including through—
(I)
increasing access to computer science education in elementary schools and secondary schools, including through expanded course offerings such as Advanced Placement or International Baccalaureate courses, dual or concurrent enrollment programs, in-demand industry recognized credentials, or distance education; and
(II)
improving the development of computational thinking skills for students in elementary schools and secondary schools, particularly elementary schools and in the middle grades, including through instructional materials technology infrastructure, and evidence-based professional development, with the goal of more effectively preparing such students for success in computer science education, such as enrollment in computer science education coursework in secondary school, receiving a postsecondary degree or credential in computer science, and attaining a career in computer science or a related field.
(ii)
Diversifying, supporting, and increasing the number of educators adequately prepared to deliver rigorous instruction in computer science education, by—
(I)
providing evidence-based professional development for educators who, at the time that the local educational agency receives the subgrant—
- (aa)
teach computer science; or
- (bb)
are seeking to transition to teaching computer science;
(II)
recruiting and retaining educators described in subclause (I); and
(III)
analyzing disparities amongst computer science educators by race, ethnicity, sex, socioeconomic status, age, disability status, and language ability, and addressing such disparities.
(iii)
Implementing evidence-based practices to improve the quality of instruction regarding computer science and the development of computational thinking skills.
(iv)
Supporting student mastery of the development of problem-solving skills and other key prerequisites for computer science education coursework, including algebra and statistics, to promote success in computer science education coursework.
(v)
Establishing robust regional collaborations with relevant local entities to improve work-based learning opportunities and career exploration and exposure in computer science, for elementary school and secondary school students, that may include collaborating with computer science industry, institutions of higher education, nonprofit organizations, community learning centers (as defined in section 4201(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b)), a State workforce agency, or a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111).
(vi)
Supporting the development of opportunities for youth to access extracurricular opportunities, career exploration and exposure activities, career information and advising, and high-quality work-based learning opportunities (such as internships), to develop computational thinking skills and increase exposure to computer science education and career pathways.
(3)

Restriction
A local educational agency or educational service agency that receive a subgrant under this section shall not use more than 15 percent of subgrant funds for purchasing technology infrastructure as described in paragraph (2)(B)(i)(II).
(g)

Reporting requirements
(1)

Local reporting
Each local educational agency and educational service agency that receives a subgrant under this section shall submit a report to the State educational agency on an annual basis that contains any information required by the State educational agency and, at a minimum, the following:
(A)
The number of students enrolled in computer science education coursework in the schools served by such local educational agency or educational service agency, and an update on the progress in addressing the equity gaps identified under subsection (f)(2)(A).
(B)
A description of actions and changes in policies and practice by the local educational agency or educational service agency to improve access and increase enrollment and success in computer science education and increase the development of computational thinking skills for elementary school and secondary school students, particularly for students in elementary schools and middle grades.
(C)
Data on the number and diversity of educators providing instruction in computer science education.
(2)

State reporting
Not later than 1 year after the date of enactment of this section and annually thereafter, a State educational agency that receives a grant under this section shall provide a report to the Secretary, including, at a minimum—
(A)
a summary of the reports received by the State educational agency under paragraph (1);
(B)
a description of changes in State policy to improve access and increase enrollment in computer science education and the development of computational thinking skills;
(C)
an update of the State educational agency’s implementation of its plan described in subsection (d)(1); and
(D)
an update of the State educational agency’s implementation of its strategy to increase the number and diversity of educators prepared to teach computer science described in subsection (d)(4).
(h)

Evaluation
(1)

In general
The Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program funded under this section.
(2)

Contents
The evaluation under paragraph (1) shall measure—
(A)
the effectiveness of the program in expanding access to computer science education and the development of computational thinking skills for all students, particularly for subgroups of students;
(B)
the extent to which the program improved the development of computational thinking skills for elementary schools and secondary school students, particularly in elementary schools and middle grades; and
(C)
the effectiveness of the program in diversifying, supporting, and increasing the number of educators adequately prepared to deliver rigorous instruction in computer science education and how to develop computational thinking skills in students.
(i)

Rule of construction
The Secretary shall comply with the requirements of section 8526A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906a) in carrying out activities under this section.
(j)

Supplement not supplant
Federal funds provided under this section shall be used to supplement, and not supplant, other Federal, State, or local funds available to carry out the activities described in this section.
(k)

Disaggregation of data
Disaggregation of data required under this section shall not be required when the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.
(l)

Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.
III

Higher Education
90301.

Reauthorization of international education programs under title VI of the Higher Education Act of 1965
(a)

Graduate and undergraduate language and area centers and programs
Section 602(b)(2)(B)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1122(b)(2)(B)(ii)) is amended—
(1)
in subclause (III), by striking “or”;
(2)
in subclause (IV), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(V)
the beginning, intermediate, or advanced study of a foreign language related to the area of specialization.”.
(b)

International research and innovation
Section 605 of the Higher Education Act of 1965 (20 U.S.C. 1125) is amended to read as follows:
“605.

International research and innovation
(a)

Purpose
It is the purpose of this section to support essential international and foreign language education research and innovation projects with the goal of assessing and strengthening international education capacity, coordination, delivery, and outcomes to meet national needs.
(b)

Authority
(1)

In general
From the amount provided to carry out this section, the Secretary shall carry out the following activities:
(A)
Conduct research and studies that contribute to the purpose described in subsection (a) and include research to provide a systematic understanding of the United States’ international and foreign language education capacity, structures, and effectiveness in meeting growing demands by education, government, and the private sector (including business and other professions).
(B)
Create innovative paradigms or enhance or scale up proven strategies and practices that address systemic challenges to developing and delivering international and foreign language education resources and expertise across educational disciplines and institutions, and for employers and other stakeholders.
(C)
Develop and manage a national standardized database that includes the strengths, gaps, and trends in the international and foreign language education capacity of the United States, and document the outcomes of programs funded under this title for every grant cycle.
(2)

Grants or contracts
The Secretary shall carry out activities to achieve the outcomes described in paragraph (1)—
(A)
directly; or
(B)
through grants awarded under subsection (d) or (e).
(c)

Eligible entities defined
In this section, the term eligible entity means—
(1)
an institution of higher education;
(2)
a public or private nonprofit library;
(3)
a nonprofit educational organization;
(4)
an entity that—
(A)
received a grant under this title for a preceding fiscal year and successfully met the goals and requirements of the grant; or
(B)
as of the date of application for a grant under this section, is receiving a grant under this title and is demonstrating that the entity is successfully meeting the goals and requirements of such grant under this title; or
(5)
a partnership of two or more entities described in paragraphs (1) through (4).
(d)

Research grants
(1)

Program authorized
For any fiscal year for which the Secretary carries out activities to achieve the outcomes described in subsection (b)(1) through research grants under this subsection, the Secretary shall award such grants, on a competitive basis, to eligible entities.
(2)

Required activities
An eligible entity that receives a grant under this subsection shall use the grant funds to pay for the Federal share of the costs of the systematic development, collection, analysis, publication, and dissemination of data, and other information resources, in a manner that—
(A)
is easily understandable, made publicly available, and contributes to achieving the purpose of subsection (a); and
(B)
achieves at least 1 of the outcomes described in subsection (b)(1)(A) or (C).
(3)

Discretionary activities
An eligible entity that receives a grant under this subsection may use the grant to carry out any of the following activities:
(A)
Assess and document international and foreign language education capacity and supply through studies or surveys that—
(i)
determine the number of foreign language courses, programs, and enrollments at all levels of education and in all languages, including a determination of gaps in those languages deemed critical to the national interest;
(ii)
measure the number and types of degrees or certificates awarded in area studies, global studies, foreign language studies, and international business and professional studies, including identification of gaps in those studies deemed critical to the national interest;
(iii)
measure the number of foreign language or area or international studies faculty, including international business faculty, and to the extent practicable, elementary school and secondary school foreign language teachers; or
(iv)
measure the number of undergraduate and graduate students engaging in international education programs.
(B)
Assess the demands for, and outcomes of, international and foreign language education and their alignment, through studies, surveys, and conferences to—
(i)
determine demands for increased or improved instruction in foreign language, area or global studies, or other international fields, and the demand for employees with such skills and knowledge in the education, government, and private sectors (including business and other professions);
(ii)
assess the employment or utilization of graduates of programs supported under this title by educational, governmental, and private sector organizations (including business and other professions); or
(iii)
assess standardized outcomes and effectiveness and benchmarking of programs supported under this title.
(C)
Develop and publish specialized materials for use in foreign language, area, global, or other international studies, including in international business or other professional education or technical training, as appropriate.
(D)
Conduct studies or surveys that identify and document challenges in higher education and elementary school and secondary school systems in increasing the availability of international and foreign language education to students, including challenges in current evaluation standards, entrance and graduation requirements, program accreditation, student degree requirements, or teacher and faculty legal workplace barriers to education and research abroad.
(E)
With respect to underrepresented institutions of higher education (including minority-serving institutions or community colleges), carry out studies or surveys that identify and document—
(i)
systemic challenges and changes and incentives and partnerships needed to comprehensively and sustainably internationalize educational programming; or
(ii)
short- and long-term outcomes of successful internationalization strategies and funding models.
(F)
Evaluate the extent to which programs assisted under this title reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs.
(e)

Innovation grants
(1)

Program authorized
For any fiscal year for which the Secretary carries out activities to achieve the outcomes described in subsection (b)(1) through innovation grants under this subsection, the Secretary shall award such grants, on a competitive basis, to eligible entities.
(2)

Uses of funds
An eligible entity that receives an innovation grant under this subsection shall use the grant funds to pay the Federal share of projects consistent with the purpose described in subsection (a) that establish and conduct innovative strategies, or scale up proven strategies, and that achieve at least 1 of the outcomes described in subsection (b)(1). Such projects may include one or more of the following:
(A)
Innovative paradigms to improve communication, sharing, and delivery of resources that further the purpose described in subsection (a), including the following:
(i)
Networking structures and systems to more effectively match graduates with international and foreign language education skills with employment needs.
(ii)
Sharing international specialist expertise across institutions of higher education or in the workforce to pursue specialization or learning opportunities not available at any single institution of higher education, such as shared courses for studying less commonly taught languages, world areas or regions, international business or other professional areas, or specialized research topics of national strategic interest.
(iii)
Producing, collecting, organizing, preserving, and widely disseminating international and foreign language education expertise, resources, courses, and other information through the use of electronic technologies and other techniques.
(iv)
Collaborative initiatives to identify, capture, and provide consistent access to, and creation of, digital global library resources that are beyond the capacity of any single eligible entity receiving a grant under this section or any single institution of higher education, including the professional development of library staff.
(v)
Utilization of technology to create open-source resources in international, area, global, and foreign language studies that are adaptable to multiple educational settings and promote interdisciplinary partnerships between technologists, curriculum designers, international and foreign language education experts, language teachers, and librarians.
(B)
Innovative curriculum, teaching, and learning strategies, including the following:
(i)
New initiatives for collaborations of disciplinary programs with foreign language, area, global, and international studies, and education abroad programs that address the internationalization of such disciplinary studies with the purpose of producing globally competent graduates.
(ii)
Innovative collaborations between established centers of international and foreign language education excellence and underrepresented institutions and populations seeking to further their goals for strengthening international, area, global, and foreign language studies, including at minority-serving institutions or community colleges.
(iii)
Teaching and learning collaborations among foreign language, area, global, or other international studies with diaspora communities, including heritage students.
(iv)
New approaches and methods to teaching emerging global issues, cross-regional interactions, and underrepresented regions or countries, such as project- and team-based learning.
(C)
Innovative assessment and outcome tools and techniques that further the purpose described in subsection (a), including the following:
(i)
International and foreign language education assessment techniques that are coupled with outcome-focused learning modules, such as certificates or badges, immersion learning, or e-portfolio systems.
(ii)
Effective and easily accessible methods of assessing professionally useful levels of proficiency in foreign languages or competencies in area, culture, and global knowledge or other international fields in programs under this title, which may include use of open access online and other cost-effective tools for students and educators at all educational levels and in the workplace.
(f)

Application
Each eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including—
(1)
a description of each proposed project the eligible entity plans to carry out under this section and how such project meets the purpose described in subsection (a);
(2)
if applicable, a demonstration of why the entity needs a waiver or reduction of the matching requirement under subsection (g); and
(3)
an assurance that each such proposed project will be self-sustainable after the project is completed.
(g)

Matching requirement
(1)

In general
The Federal share of the total cost for carrying out a project supported by a grant under this section shall be not more than 50 percent.
(2)

Non-Federal share contributions
The non-Federal share of such cost shall be no less than 50 percent and may be provided either in-kind or in cash, from institutional and non-institutional funds, including contributions from State or private sector corporations, nonprofit entities, or foundations.
(3)

Special rule
Notwithstanding paragraphs (1) and (2), the Secretary may waive or reduce the non-Federal share required under paragraph (2) for eligible entities that—
(A)
are minority-serving institutions or are community colleges; or
(B)
have submitted a grant application as required by subsection (f) that demonstrates a need for such a waiver or reduction.
(h)

Database and reporting
The Secretary shall directly, or through grants or contracts with an eligible grant recipient—
(1)
establish, curate, maintain, and update at least every grant cycle a web-based site which shall showcase the results of this section and serve as a user-friendly repository of the information, resources, and best practices generated through activities conducted under this section; and
(2)
prepare, publish, and disseminate to Congress and the public at least once every 2 years, a report that summarizes key findings and policy issues from the activities conducted under this section, especially as such activities relate to international and foreign language education and outcomes.”.
(c)

Discontinuation of foreign information access program
Part A of title VI of the Higher Education Act of 1965 (20 U.S.C. 1121 et seq.) is further amended—
(1)
by striking sections 606 and 610; and
(2)
redesignating sections 607, 608, and 609 as sections 606, 607, and 608, respectively.
(d)

Findings and purpose for global business and professional education programs
Section 611 of the Higher Education Act of 1965 (20 U.S.C. 1130) is amended—
(1)
in subsection (a)—
(A)
by amending paragraph (1) to read as follows:
“(1)
the future welfare of the United States will depend substantially on increasing international and global skills in business, educational, and other professional communities and creating an awareness among the American public of the internationalization of our economy and numerous other professional areas important to the national interest in the 21st century;”;
(B)
by amending paragraph (2) to read as follows:
“(2)
concerted efforts are necessary to engage business and other professional or technical education programs, language, area, and global study programs, professional international affairs education programs, public and private sector organizations, and United States business in a mutually productive relationship which benefits the Nation’s future economic and security interests;”;
(C)
in paragraph (3), by striking “and the international” and inserting “and other professional fields and the international and global”; and
(D)
in paragraph (4)—
(i)
by inserting “, as well as other professional organizations,” after “departments of commerce”; and
(ii)
by inserting “or other professions” after “business”; and
(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “and economic enterprise” and inserting “, economic enterprise, and security”; and
(ii)
by inserting “and other professional” before “personnel”; and
(B)
in paragraph (2), by striking “to prosper in an international” and inserting “and other professional fields to prosper in a global”.
(e)

Professional and technical education for global competitiveness
Section 613 of the Higher Education Act of 1965 (20 U.S.C. 1130a) is amended to read as follows:
“613.

Professional and technical education for global competitiveness
(a)

Purpose
The purpose of this section is to support innovative strategies that provide undergraduate and graduate students with the global professional competencies, perspectives, and skills needed to strengthen and enrich global engagement and competitiveness in a wide variety of professional and technical fields important to the national interest in the 21st century.
(b)

Program authorized
The Secretary shall make grants to, or enter into contracts with, eligible entities to pay the Federal share of the cost of programs designed to—
(1)
establish an interdisciplinary global focus in the undergraduate and graduate curricula of business, science, technology, engineering, and other professional or technical education programs to be determined by the Secretary based on national needs;
(2)
produce graduates with proficiencies in both the global aspects of their professional or technical education fields and international, cross-cultural, and foreign language skills; and
(3)
provide appropriate services to or partnerships with the corporate, government, and nonprofit communities in order to expand knowledge and capacity for global engagement and competitiveness and provide internship or employment opportunities for students and graduates with international skills.
(c)

Mandatory activities
An eligible entity that receives a grant or contract under this section shall use the grant or contract to carry out the following:
(1)
With respect to undergraduate or graduate professional and technical education curricula, incorporating—
(A)
foreign language programs that lead to proficiency, including immersion opportunities;
(B)
international, area, or global studies programs;
(C)
education, internships, or other innovative or technological linkages abroad; and
(D)
global business, economic, and trade studies, where appropriate.
(2)
Innovating and improving international, global, and foreign language education curricula to serve the needs of business and other professional and nonprofit communities, including development of new programs for nontraditional, mid-career, or part-time students.
(3)
Establishing education or internship abroad programs, domestic globally-focused internships, or other innovative approaches to enable undergraduate or graduate students in professional or technical education to develop foreign language skills and knowledge of foreign cultures, societies, and global dimensions of their professional fields.
(4)
Developing collaborations between institutions of higher education and corporations or non-profit organizations in order to strengthen engagement and competitiveness in global business, trade, or other global professional activities.
(d)

Discretionary activities
An eligible entity that receives a grant or contract under this section may use the grant or contract to carry out the following:
(1)
Developing specialized teaching materials and courses, including foreign language and area or global studies materials, and innovative technological delivery systems appropriate for professionally-oriented students.
(2)
Establishing student fellowships or other innovative support opportunities, including for underrepresented populations, first generation college students (defined in section 402A), and heritage learners, for education in global professional development activities.
(3)
Developing opportunities or fellowships for faculty or junior faculty of professional or technical education (including the faculty of minority-serving institutions or community colleges) to acquire or strengthen international and global skills and perspectives.
(4)
Establishing international linkages or partnerships with institutions of higher education, corporations, or organizations that contribute to the objectives of this section.
(5)
Establishing trade education programs through agreements with regional, national, global, bilateral, or multilateral trade centers, councils, or associations.
(e)

Application
Each eligible entity desiring a grant or contract under this section shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require, including assurances that—
(1)
each proposed project have reasonable and demonstrable plans for sustainability and replicability upon completion of the project;
(2)
the institution of higher education will use the assistance provided under this section to supplement and not supplant other activities described in subsection (b) that are conducted by the institution of higher education as of the day before the date of the grant or contract;
(3)
in the case of eligible entities that are consortia of institutions of higher education, or partnership described in subsection (g)(1)(C), a copy of their partnership agreement that demonstrates compliance with subsection (b) will be provided to the Secretary;
(4)
the activities funded by the grant or contract will reflect diverse perspectives and a wide range of views of world regions and international affairs where applicable; and
(5)
if applicable, a demonstration of why the eligible entity needs a waiver or reduction of the matching requirement under subsection (f).
(f)

Matching requirement
(1)

In general
The Federal share of the total cost for carrying out a program supported by a grant under this section shall be not more than 50 percent.
(2)

Non-Federal share contributions
The non-Federal share of such cost shall be not less than 50 percent and may be provided either in-kind or in cash, from institutional and non-institutional funds, including contributions from State and private sector corporations, nonprofit entities, or foundations.
(3)

Special rule
Notwithstanding paragraphs (1) and (2), the Secretary may waive or reduce the non-Federal share required under paragraph (2) for eligible entities that—
(A)
are minority-serving institutions or are community colleges; or
(B)
have submitted a grant application as required by subsection (e) that demonstrates a need for such a waiver or reduction.
(g)

Definitions
In this section:
(1)

Eligible entity
The term eligible entity means—
(A)
an institution of higher education;
(B)
a consortia of such institutions; or
(C)
a partnership between—
(i)
an institution of higher education or a consortia of such institutions; and
(ii)
at least one corporate or nonprofit entity.
(2)

Professional and technical education
The term professional and technical education means a program at an institution of higher education that offers undergraduate, graduate, or post-graduate level education in a professional or technical field that is determined by the Secretary as meeting a national need for global or international competency (which may include business, science, technology, engineering, law, health, energy, environment, agriculture, transportation, or education).”.
(f)

Discontinuation of certain authorizations of appropriations
Part B of title VI of the Higher Education Act of 1965 (20 U.S.C. 1130 et seq.) is further amended by striking section 614.
(g)

Repeal of Institute for International Public Policy
Title VI of the Higher Education Act of 1965 (20 U.S.C. 1131 et seq.) is amended—
(1)
by striking part C; and
(2)
by redesignating part D as part C.
(h)

Definitions
Section 631(a) of the Higher Education Act of 1965 (20 U.S.C. 1132(a)) is amended—
(1)
by adding at the end the following:
“(11)
the term community college means—
(A)
a degree-granting public institution of higher education (as defined in section 101 of the Higher Education Act of 1965) at which—
(i)
the highest degree awarded is an associate degree; or
(ii)
an associate degree is the most frequently awarded degree;
(B)
a 2-year Tribal College or University (as defined in section 316(b)(3) of the Higher Education Act of 1965);
(C)
a degree-granting Tribal College or University (as defined in section 316(b)(3) of the Higher Education Act of 1965) at which—
(i)
the highest degree awarded is an associate degree; or
(ii)
an associate degree is the most frequently awarded degree; or
(D)
a branch campus of a 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965), if, at such branch campus—
(i)
the highest degree awarded is an associate degree; or
(ii)
an associate degree is the most frequently awarded degree;
(12)
the term heritage student means a postsecondary student who—
(A)
was born in the United States to immigrant parents or immigrated to the United States at an early age;
(B)
is proficient in English, but raised in a family primarily speaking 1 or more languages of the country of origin; and
(C)
maintains a close affinity with the family’s culture and language of origin;
(13)
the term minority-serving institution means an institution of higher education that is eligible to receive a grant under part A or B of title III or title V.”; and
(2)
by reordering paragraphs (1) through (10) and the paragraphs added by paragraph (3) of this subsection in alphabetical order, and renumbering such paragraphs as so reordered.
(i)

Priority to minority-Serving institutions
Part C of title VI of the Higher Education Act of 1965 (20 U.S.C. 1132 et seq.), as redesignated by subsection (g)(2), is further amended—
(1)
by striking sections 637 and 638; and
(2)
by adding at the end the following:
“637.

Priority to minority-serving institutions
(a)

Priority
In seeking applications and awarding grants under this title, the Secretary, may give priority to—
(1)
minority-serving institutions; or
(2)
institutions of higher education that apply for such grants that propose significant and sustained collaborative activities with one or more minority-serving institutions.
(b)

Technical assistance
The Secretary shall provide technical assistance to minority-serving institutions to ensure maximum distribution of grants to eligible minority-serving institutions and among each category of such institutions.”.
(j)

Authorization of appropriations for international education programs
Part C of title VI of the Higher Education Act of 1965 (20 U.S.C. 1132 et seq.), as redesignated by subsection (g)(2), is further amended by adding at the end the following:
“638.

Authorization of appropriations
(a)

In general
There are authorized to be appropriated to carry out this title $208,059,000 for fiscal year 2022 and such sums as may be necessary for each of the 5 succeeding fiscal years.”.
90302.

Confucius Institutes
(a)

Definitions
In this section—
(1)
the term Confucius Institute means a cultural institute established as a partnership between a United States institution of higher education and a Chinese institution of higher education to promote and teach Chinese language and culture that is funded, directly or indirectly, by the Government of the People’s Republic of China; and
(2)
the term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(b)

Restrictions of Confucius Institutes
Except as provided in subsection (e), an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute shall not be eligible to receive Federal funds provided under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), except funds provided under title IV of such Act, unless the institution satisfies the requirements and conditions of subsection (c) or (d).
(c)

Evaluation of Confucius Institute contracts or agreements
(1)

In general
The Secretary of Education, in consultation with the National Academies of Science, Engineering, and Medicine, shall evaluate any contract or agreement between an institution of higher education and a Confucius Institute, and publish such evaluation on the website of the Department of Education, to confirm that any such contract or agreement includes clear provisions that—
(A)
protect academic freedom at the institution;
(B)
prohibit the application of any foreign law on any campus of the institution; and
(C)
grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute.
(2)

Failure to satisfy conditions
If the Secretary of Education, in consultation with the National Academies of Science, Engineering, and Medicine, cannot confirm that the contract or agreement includes the clear provisions in accordance with paragraph (1), the conditions under such paragraph shall not be considered to be satisfied for the purposes of subsection (b).
(d)

Public inspection requirement
The Secretary of Education shall ensure that each institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute makes available for public inspection—
(1)
a true copy of the contract or agreement between the institution and the Confucius Institute; and
(2)
a translation in English of the contract or agreement between the institution and the Confucius Institute that is certified by a third party translator.
(e)

Special rule
Notwithstanding any other provision of this section, this section shall not apply to an institution of higher education if that institution has fulfilled the requirements for a waiver from the Department of Defense as described under section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and made the documents available for public inspection in accordance with subsection (d).
(f)

Sunset
This section shall cease to be effective on September 30, 2027.
90303.

Sustaining the Truman Foundation and the Madison Foundation
(a)

Truman Memorial Scholarship Fund
(1)

In general
Section 10(b) of Public Law 93–642 (20 U.S.C. 2001 et seq.) is amended to read as follows:
“(b)
(1)
It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the fund.
(2)
Investments of amounts appropriated to the fund shall be made in public debt securities of the United States with maturities suitable to the fund. For such purpose, such obligations may be acquired—
(A)
on original issue at the issue price; or
(B)
by purchase of outstanding obligations at the market price.
(3)
The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of 1/8 of 1 percent, the rate of interest of such special obligations shall be the multiple of 1/8 of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchases of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.”.
(2)

Authorization of appropriations
Section 14 of Public Law 93–642 (20 U.S.C. 2013) is amended by striking “$30,000,000 to the fund” and inserting “to the Harry S. Truman Memorial Scholarship Trust Fund such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year.”.
(b)

James Madison Memorial Fellowship Trust Fund
(1)

In general
Subsection (b) of section 811 of the James Madison Memorial Fellowship Act (20 U.S.C. 4510) is amended to read as follows:
“(b)
(1)
It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the fund.
(2)
Subject to paragraph (3), investments of amounts appropriated to the fund shall be made in public debt securities of the United States with maturities suitable to the fund. For such purpose, such obligations may be acquired—
(A)
on original issue at the issue price; or
(B)
by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of 1/8 of 1 percent, the rate of interest of such special obligations shall be the multiple of 1/8 of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchases of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.”.
(2)

Authorization of appropriations
Section 816 of the James Madison Memorial Fellowship Act (20 U.S.C. 4515) is amended to read as follows:
“816.

Authorization of appropriations
There are authorized to be appropriated to the James Madison Memorial Trust Fund such sums as may be necessary to carry out the provisions of this title for fiscal year 2022 and each succeeding fiscal year.”.
90304.

Disclosures of foreign gifts and contracts at institutions of higher education
(a)

Disclosures of foreign gifts
Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended to read as follows:
“117.

Disclosures of foreign gifts
(a)

Disclosure reports
(1)

Aggregate gifts and contract disclosures
An institution shall file a disclosure report described in subsection (b) with the Secretary not later than March 31 immediately following any calendar year in which—
(A)
the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $100,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or
(B)
the institution receives a gift from, or enters into a contract with, a foreign source, the value of which totals $250,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source over the previous 3 calendar years.
(2)

Disclosure of contracts with undetermined monetary value
An institution shall file a disclosure report described in subsection (b) with the Secretary not later than March 31 immediately following any calendar year in which the institution enters into a contract with a foreign source that has an undetermined monetary value.
(3)

Foreign source ownership or control disclosures
In the case of an institution that is owned or controlled by a foreign source, the institution shall file a disclosure report described in subsection (b) with the Secretary not later than March 31 of every year.
(b)

Contents of report
Each report to the Secretary required by subsection (a) shall contain the following:
(1)
(A)
In the case of an institution required to file a report under paragraph (1) or (2) of subsection (a)—
(i)
for gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government; and
(ii)
for gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source.
(B)
For purposes of this paragraph, the country to which a gift is attributable is—
(i)
the country of citizenship, or if unknown, the principal residence, for a foreign source who is a natural person; or
(ii)
the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity.
(2)
In the case of an institution required to file a report under subsection (a)(3)—
(A)
the information described in paragraph (1)(A) (without regard to any gift or contract threshold described in subsection (a)(1));
(B)
the identity of the foreign source that owns or controls the institution;
(C)
the date on which the foreign source assumed ownership or control; and
(D)
any changes in program or structure resulting from the change in ownership or control.
(3)
An assurance that the institution will maintain a true copy of each gift or contract agreement subject to the disclosure requirements under this section, until the latest of—
(A)
the date that is 4 years after the date of the agreement;
(B)
the date on which the agreement terminates; or
(C)
the last day of any period that applicable State public record law requires a true copy of such agreement to be maintained.
(4)
An assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the Secretary during a compliance audit or other institutional investigation and shall ensure all gifts and contracts from the foreign source are translated into English by a third party unaffiliated with the foreign source or institution for this purpose.
(c)

Additional disclosures for restricted and conditional gifts and contracts
Notwithstanding the provisions of subsection (b), whenever any institution receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose the following to the Department translated into English by a third party unaffiliated with the foreign source or institution:
(1)
For such gifts received from or contracts entered into with a foreign source other than a foreign government, the amount, the date, and a description of such conditions or restrictions. The report shall also disclose the country of citizenship, or if unknown, the principal residence for a foreign source which is a natural person, and the country of incorporation, or if unknown, the principal place of business for a foreign source which is a legal entity.
(2)
For gifts received from or contracts entered into with a foreign government, the amount, the date, a description of such conditions or restrictions, and the name of the foreign government.
(d)

Relation to other reporting requirements
(1)

State requirements
If an institution that is required to file a disclosure report under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that includes all information required under this section for the same or an equivalent time period, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of the report required under such subsection. The State in which the institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under State law if the State report is filed.
(2)

Use of other federal reports
If an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing all the information required under this section for the same or an equivalent time period, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (a).
(e)

Public disclosure and modification of reports
(1)

In general
Not later than 30 days after receiving a disclosure report under this section, the Secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared.
(2)

Modifications
The Secretary shall incorporate a process permitting institutions to revise and update previously filed disclosure reports under this section to ensure accuracy, compliance, and ability to cure.
(f)

Sanctions for noncompliance
(1)

In general
As a sanction for noncompliance with the requirements under this section, the Secretary may impose a fine on an institution that in any year knowingly or willfully violates this section, that is—
(A)
in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection (b)(4), in an amount that is not less than $250 but not more than 50 percent of the amount of the gift or contract with the foreign source; or
(B)
in the case of any violation of the requirements of subsection (a)(3), in an amount that is not more than 25 percent of the total amount of funding received by the institution under this Act.
(2)

Repeated failures
(A)

Knowing and willful failures
In addition to a fine for a violation in any year in accordance with paragraph (1) and subject to subsection (e)(2), the Secretary shall impose a fine on an institution that knowingly and willfully fails in 3 consecutive years to comply with the requirements of this section, that is—
(i)
in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection (b)(4), in an amount that is not less than $100,000 but not more than the amount of the gift or contract with the foreign source; or
(ii)
in the case of any violation of the requirements of subsection (a)(3), in an amount that is not more than 25 percent of the total amount of funding received by the institution under this Act.
(B)

Administrative failures
The Secretary shall impose a fine on an institution that fails to comply with the requirements of this section in 3 consecutive years, in an amount that is not less than $250 but not more than 50 percent of the amount of the gift or contract with the foreign source.
(C)

Compliance plan requirement
An institution that fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in 2 consecutive years, shall be required to submit a compliance plan to Secretary.
(g)

Compliance officer
Any institution that is required to report a gift or contract under this section shall designate and maintain a compliance officer who—
(1)
shall be a current employee or legally authorized agent of such institution; and
(2)
shall be responsible, on behalf of the institution, for compliance with the foreign gift reporting requirement under this section and section 124, if applicable.
(h)

Single point of contact
The Secretary shall maintain a single point of contact to—
(1)
receive and respond to inquiries and requests for technical assistance from institutions of higher education regarding compliance with the requirements of this section; and
(2)
coordinate the disclosure of information on the searchable database, and process for modifications of disclosures and ability to cure, as described in subsection (e).
(i)

Treatment of certain payments and gifts
(1)

Exclusions
The following shall not be considered a gift from a foreign source under this section:
(A)
Any payment of one or more elements of a student’s cost of attendance (as defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made on behalf of no more than 15 students that is not made under contract with such foreign source, except for the agreement between the institution and such student covering one or more elements of such student’s cost of attendance.
(B)
Assignment or license of registered industrial and intellectual property rights, such as patents, utility models, trademarks, or copy-rights, or technical assistance, that are not identified as being associated with a national security risk or concern.
(C)
Any payment from a foreign source that is solely for the purpose of conducting one or more clinical trials.
(2)

Inclusions
Any gift to, or contract with, an entity or organization, such as a research foundation, that operates substantially for the benefit or under the auspices of an institution shall be considered a gift to or with respectively, such institution.
(j)

Definitions
In this section—
(1)
the term clinical trial means a research study in which one or more human subjects are prospectively assigned to one or more interventions to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes;
(2)
the term contract—
(A)
means any—
(i)
agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties, except as provided in subparagraph (B); or
(ii)
affiliation, agreement, or similar transaction with a foreign source that is based on the use or exchange of an institution’s name, likeness, time, services, or resources, except as provided in subparagraph (B); and
(B)
does not include any agreement made by an institution located in the United States for the acquisition, by purchase, lease, or barter, of property or services from a foreign source;
(3)
the term foreign source means—
(A)
a foreign government, including an agency of a foreign government;
(B)
a legal entity, governmental or otherwise, created under the laws of a foreign state or states;
(C)
an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and
(D)
an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source;
(4)
the term gift means any gift of money, property, resources, staff, or services;
(5)
the term institution means an institution of higher education, as defined in section 102, or, if a multicampus institution, any single campus of such institution, in any State; and
(6)
the term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding—
(A)
the employment, assignment, or termination of faculty;
(B)
the establishment of departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions;
(C)
the selection or admission of students; or
(D)
the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.”.
(b)

Policy regarding conflicts of interest from foreign gifts and contracts
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:
“124.

Institutional policy regarding foreign gifts and contracts to faculty and staff
(a)

Requirement to maintain policy and database
Each institution of higher education described in subsection (b) shall—
(1)
maintain a policy requiring faculty, professional staff, and other staff engaged in research and development (as determined by the institution) employed at such institution to disclose to such institution any gifts received from, or contracts entered into with, a foreign source the value of which is $50,000 or more;
(2)
maintain a searchable database of information disclosed in paragraph (1) for the previous five years, except an institution shall not be required to include in the database gifts or contracts received or entered into before the date on which regulations are issued with respect to carrying out this section; and
(3)
maintain a plan to effectively identify and manage potential information gathering by foreign sources through espionage targeting faculty, professional staff, and other staff engaged in research and development (as determined by the institution) that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of periodic communications and enforcement of the policy described in paragraph (1).
(b)

Institutions
An institution of higher education shall be subject to the requirements of this section if such institution—
(1)
is an institution of higher education as defined under section 102; and
(2)
had more than $50,000,000 in Federal science and engineering funding in any of the previous five years.
(c)

Sanctions for noncompliance
(1)

In general
As a sanction for noncompliance with the requirements under this section, the Secretary may impose a fine on an institution that in any year knowingly or willfully violates this section, in an amount that is not less than $250 but not more than $1,000.
(2)

Second failure
In addition to a fine for a violation in accordance with paragraph (1), the Secretary shall impose a fine on an institution that knowingly, willfully, and repeatedly fails to comply with the requirements of this section in a second consecutive year in an amount that is not less than $1,000 but not more than $25,000.
(3)

Third and additional failures
In addition to a fine for a violation in accordance with paragraph (1) or (2), the Secretary shall impose a fine on an institution that knowingly, willfully, and repeatedly fails to comply with the requirements of this section in a third consecutive year, or any consecutive year thereafter, in an amount that is not less than $25,000 but not more than $50,000.
(4)

Administrative failures
The Secretary shall impose a fine on an institution that fails in 3 consecutive years to comply with the requirements of this section in an amount that is not less than $250 but not more than $25,000.
(5)

Compliance plan requirement
An institution that fails to comply with the requirements under this section for 2 consecutive years shall be required to submit a compliance plan to the Secretary.
(d)

Definitions
In this section—
(1)
the term contract means any—
(A)
agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties; or
(B)
affiliation, agreement, or similar transaction with a foreign source based on the use or exchange of the name, likeness, time services, or resources of faculty, professional staff, and other staff engaged in research and development (as determined by the institution);
(2)
the terms foreign source and gift have the meaning given the terms in section 117; and
(3)
the term professional staff means professional employees, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(e)

Modifications and single point of contact
The Secretary shall—
(1)
maintain a single point of contact to—
(A)
receive and respond to inquiries and requests for technical assistance from institutions of higher education regarding compliance with the requirements of this section; and
(B)
coordinate—
(i)
the disclosure of information on the searchable databases of institutions; and
(ii)
the process for modifications of disclosures and ability to cure as described in paragraph (2); and
(2)
incorporate a process permitting institutions to revise and update the database required under this section to ensure accuracy, compliance, and ability to cure.”.
(c)

Regulations
(1)

In general
Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall begin the negotiated rulemaking process under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a) to carry out the amendments made by subsections (a) and (b).
(2)

Issues
Regulations issued pursuant to paragraph (1) to carry out the amendment made by subsection (a) shall, at a minimum, address the following issues:
(A)
Instructions on reporting structured gifts and contracts.
(B)
The inclusion in institutional reports of gifts received from, and contracts entered into with, foreign sources by entities and organizations, such as research foundations, that operate substantially for the benefit or under the auspices of the institution.
(C)
Procedures to protect confidential or proprietary information included in gifts and contracts.
(D)
The alignment of such regulations with the reporting and disclosure of foreign gifts or contracts required by other Federal agencies.
(E)
The treatment of foreign gifts or contracts involving research or technologies identified as being associated with a national security risk or concern.
(3)

Effective date
The amendments made by subsections (a) and (b) shall take effect on the date on which the regulations issued under paragraph (1) take effect.
90305.

Eliminating short-term education loan programs; job training Federal Pell grants; technical corrections
(a)

Eliminating short-Term education loan programs
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended by adding at the end the following:
“(5)
The Secretary shall eliminate the short-term education loan program, as authorized under paragraph (2), on the date that is 120 days after the date the Secretary establishes the application for Job Training Federal Pell Grants under section 401(k).”.
(b)

Technical corrections
Section 481(d) of the Higher Education Act of 1965 (20 U.S.C. 1088(d)) is amended—
(1)
in paragraph (4)—
(A)
in subparagraph (A), by striking “under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title,” and inserting “, or any retired member of an Armed Force ordered to active duty,”; and
(B)
in subparagraph (B), by striking “an Armed Force” and inserting “a Uniformed Service”; and
(2)
in paragraph (5), by striking “and supported by Federal funds”.
(c)

Job training Federal Pell Grant program
(1)

In general
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260), is amended by adding at the end the following:
“(k)

Job training Federal Pell Grant program
(1)

Definitions
In this subsection:
(A)

Career and technical education
The term “career and technical education” has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act.
(B)

Eligible job training program
(i)

In general
The term “eligible job training program” means a career and technical education program at an eligible institution of higher education that—
(I)
provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks;
(II)
provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area in which the job training program is provided, as determined by—
- (aa)
a State board or local board;
- (bb)
a State plan, as described in section 122(d)(13)(C) of the Carl D. Perkins Career and Technical Education Act of 2006; or
- (cc)
a comprehensive local needs assessment, as described in section 134(c) of the Carl D. Perkins Career and Technical Education Act of 2006;
(III)
is a program—
- (aa)
provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; and
- (bb)
subject to the reporting requirements of section 116(d)(4) of the Workforce Innovation and Opportunity Act, or would be subject to such requirements except for a waiver issued to a State under section 189(i) of the Workforce Innovation and Opportunity Act;
(IV)
provides a student, upon completion of the program, with a recognized postsecondary credential that is stackable and portable across multiple employers and geographical areas;
(V)
not later than 1 year after the date the program has been approved as an eligible job training program under this subsection, has demonstrated that students who complete the program receive a median increase of 20 percent of total earnings as compared to total earnings of such students prior to enrolling in such program, in accordance with paragraph (2);
(VI)
publishes prominently on the website of the institution, and provides a written disclosure to each prospective student prior to entering into an enrollment agreement for such program (which each such student shall confirm receiving through a written affirmation prior to entering such enrollment agreement) containing, at a minimum, the following information calculated, as applicable, in accordance with paragraph (8)—
- (aa)
the required tuition and fees of the program;
- (bb)
the difference between required tuition and fees described in item (aa) and any grant aid (which does not need to be repaid) provided to the student;
- (cc)
the completion rate of the program;
- (dd)
the employment rates of students who complete the program, measured at approximately 6 months and 1 year, respectively, after completion of the program;
- (ee)
total earnings of students who complete the program, calculated based on earnings approximately 6 months after completion of the program;
- (ff)
total earnings of students who do not complete the program, calculated based on earnings approximately 6 months after ceasing enrollment in the program;
- (gg)
the ratio of the amount that is the difference between required tuition and fees and any grant aid provided to the student described in item (bb) to the total earnings of students described in item (ee);
- (hh)
an explanation, in clear and plain language that shall be specified by the Secretary, of the ratio described in item (gg); and
- (ii)
in the case of a job training program that prepares students for a professional license or certification exam, the share of such students who pass such exams;
(VII)
has been determined by the eligible institution of higher education (after validation of that determination by an industry or sector partnership or State board or local board) to provide academic content, an amount of instructional time, competencies, and a recognized postsecondary credential that are sufficient to—
- (aa)
meet the hiring requirements of potential employers in the sectors or occupations described in subclause (II); and
- (bb)
satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that a student who completes the program and seeks employment is qualified to take any relevant licensure or certifications examinations that are needed to practice or find employment in such sectors or occupations that the program prepares students to enter;
(VIII)
has been in operation for not less than 1 year prior to becoming an eligible job training program under this subsection;
(IX)
does not exceed by more than 50 percent the minimum number of clock hours required by a State to receive a professional license or certification in the State, if the State has established such a requirement;
(X)
prepares students to pursue one or more related certificate or degree programs at an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)), including—
- (aa)
by ensuring the acceptability of the credits received under the job training program toward meeting such certificate or degree program requirements (such as through an articulation agreement as defined in section 486A); and
- (bb)
by ensuring that a student who completes noncredit coursework in the job training program, upon completion of the job training program and enrollment in such a related certificate or degree program, will receive academic credit for such noncredit coursework that will be accepted toward meeting such certificate or degree program requirements;
(XI)
is not offered exclusively through distance education or a correspondence course, except as determined by the Secretary to be necessary, on a temporary basis, in connection with a—
- (aa)
major disaster or emergency declared by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191); or
- (bb)
national emergency declared by the President under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.);
(XII)
is provided not less than 50 percent directly by the eligible institution of higher education;
(XIII)
includes counseling for students to—
- (aa)
support each such student in achieving the student’s education and career goals; and
- (bb)
ensure that each such student receives information on—
(AA)
the sectors or occupations described in subclause (II) for which the job training program provides training (including the total earnings of students who have completed the program and are employed in such sectors or occupations, calculated based on earnings approximately 6 months after completion of the program));
(BB)
the related certificate or degree programs described in subclause (X) for which the job training program provides preparation; and
(CC)
other sources of financial aid or other assistance for any component of the student’s cost of attendance (as defined in section 472);
(XIV)
meets requirements that are applicable to a program of training to prepare students for gainful employment in a recognized occupation;
(XV)
may include integrated education and training; and
(XVI)
may be offered as part of a program that—
- (aa)
meets the requirements of section 484(d)(2);
- (bb)
is part of a career pathway, as defined in section 3 of the Workforce Innovation and Opportunity Act; and
- (cc)
is aligned to a program of study, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006.
(ii)

Approval by the secretary
In the case of a program that is seeking to establish initial eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination whether the program meets the requirements of this subparagraph not more than 120 days after the date on which such program is submitted for consideration as an eligible job training program. If the Secretary determines the program meets the requirements of this paragraph, the Secretary shall grant an initial period of approval of 2 years.
(iii)

Renewal of approval by the secretary
An eligible job training program that desires to continue eligibility as an eligible job training program after the period of initial approval described in clause (ii), or the subsequent period described in this clause, shall submit a renewal application to the Secretary (with such information as the Secretary may require), not more than 270 days and not less than 180 days before the end of the previous approval period. If the Secretary determines the program meets such requirements, the Secretary shall grant another period of approval for 3 years.
(iv)

Periodic review by the secretary
The Secretary shall periodically review a program previously approved under clause (ii) or (iii) to determine whether such program is meeting the requirements of an eligible job training program described in this subsection.
(v)

Revocation of approval by the secretary
If at any time the Secretary determines that a program previously approved under clause (ii) or (iii) is no longer meeting any of the requirements of an eligible job training program described in this subsection, the Secretary—
(I)
shall deny a subsequent renewal of approval in accordance with clause (iii) for such program after the expiration of the approval period;
(II)
may withdraw approval for such program before the expiration of the approval period;
(III)
shall ensure students who enrolled in such programs have access to transcripts for completed coursework without a fee or monetary charge and without regard to any balance owed to the institution; and
(IV)
shall prohibit such program and any substantially similar program, from being considered an eligible job training described in this subsection for a period of not less than 5 years.
(vi)

Additional assurance by state board
The Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the State board representing the State in which the eligible job training program is provided, containing an assurance that the program meets the requirements of subclauses (II), (III), and (IX) of clause (i).
(C)

Total earnings
For the purposes of this subsection, the term “total earnings” means the median annualized earnings, calculated using earnings for a pay period, month, quarter, or other time period deemed appropriate by the Secretary.
(D)

Eligible institution of higher education
For the purposes of this subsection, the term “eligible institution of higher education” means an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)) that—
(i)
is approved by an accrediting agency or association that meets the requirements of section 496(a)(4)(C);
(ii)
has not been a proprietary institution of higher education, as defined in section 102(b), within the previous 3 years; and
(iii)
has not been subject, during any of the preceding 5 years, to—
(I)
any suspension, emergency action, or termination of programs under this title;
(II)
any adverse action by the institution’s accrediting agency or association; or
(III)
any action by the State to revoke a license or other authority to operate.
(F)

WIOA definitions
The terms “industry or sector partnership”, “in-demand industry sector or occupation”, “recognized postsecondary credential”, “local board”, and “State board” have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act.
(2)

Total earnings increase requirement
(A)

In general
Subject to subparagraph (B), as a condition of participation under this subsection, the Secretary shall, using the data collected under paragraph (8) and such other information as the Secretary may require, determine whether such job training program meets the requirements of paragraph (1)(B)(i)(V) with respect to whether the students who complete the program receive a median increase of 20 percent of such students’ total earnings. For the purposes of this paragraph, the Secretary shall determine such percentage increase by calculating the difference between—
(i)
the total earnings of students who enroll in such program, calculated based on earnings approximately 6 months prior to enrollment; and
(ii)
the total earnings of students who complete such program, calculated based on earnings approximately 6 months after completing such program.
(B)

Date of effect
The requirement under this paragraph shall take effect beginning on the date that is 1 year after the date the program has been approved as an eligible job training program under this subsection.
(3)

Appeal of earnings information
The Secretary’s determination under paragraph (2) may include an appeals process to permit job training programs to submit alternate earnings data (which may include discretionary earnings data or total earnings data), provided that such data are statistically rigorous, accurate, comparable, and representative of students who enroll in or complete the program, or both, as applicable.
(4)

Authorization of awards
For the award year beginning on July 1, 2024, and each subsequent award year, the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a “job training Federal Pell Grant”). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (b), except a student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who—
(A)
has not yet attained a postbaccalaureate degree;
(B)
is enrolled, or accepted for enrollment, in an eligible job training program at an eligible institution of higher education; and
(C)
meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in subparagraph (B)).
(5)

Amount of award
The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that a student who is eligible for less than the minimum Federal Pell Grant because the eligible job training program is less than an academic year (in clock-hours and weeks of instructional time) may still be eligible for a Federal Pell Grant.
(6)

Inclusion in total eligibility period
Any period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student’s period of eligibility for Federal Pell Grants under subsection (d), and the eligibility requirements regarding students who are enrolled in an undergraduate program on less than a full-time basis shall similarly apply to students who are enrolled in an eligible job training program at an eligible institution of higher education on less than a full-time basis.
(7)

Same payment period
No student may for the same payment period receive both a job training Federal Pell Grant under this subsection and a Federal Pell Grant under this section.
(8)

Interagency data sharing and data collection
(A)

Interagency data sharing
The Secretary shall coordinate and enter into a data sharing agreement with the Secretary of Labor to ensure access to data necessary to implement this paragraph that is not otherwise available to the Secretary under section 132(l), as amended by section 90306 of the America COMPETES Act of 2022, including such data related to indicators of performance collected under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141).
(B)

Data on eligible job training programs
Except as provided under subparagraph (C), using the postsecondary student data system established under section 132(l) or a successor system (whichever includes the most recent data) to the greatest extent practicable to streamline reporting requirements and minimize reporting burdens, an in coordination with the National Center for Education Statistics, the Secretary of Labor, and each institution of higher education offering an eligible job training program for which the Secretary awards job training Federal Pell Grants under this subsection, the Secretary shall, on at least an annual basis, collect and publish data with respect to each such eligible job training program, including, at a minimum, the following:
(i)
The number and demographics of students who enroll in the program, disaggregated by—
(I)
gender;
(II)
race and ethnicity;
(III)
classification as a student with a disability;
(IV)
income quintile, as defined by the Secretary;
(V)
military or veteran benefit status;
(VI)
status as a first-time student or transfer student from another institution;
(VII)
status as a first generation college student;
(VIII)
status as parent or guardian of 1 or more dependent children; and
(IX)
status as a confined or incarcerated individual, as defined under section 484(t)(1)(A).
(ii)
The number and demographics, disaggregated by the categories listed in clause (i), of students who—
(I)
complete the program; and
(II)
do not complete the program.
(iii)
The required tuition and fees of the program.
(iv)
The total earnings of students, disaggregated by the categories listed in clause (i), who—
(I)
complete the program, calculated based on earnings approximately 6 months after completing such program; and
(II)
do not complete the program, calculated based on earnings approximately 6 months after ceasing enrollment in such program.
(v)
Outcomes of the students who complete the program, disaggregated by the categories listed in clause (i), with respect to—
(I)
the median time to completion among such students;
(II)
the employment rates of such students, measured at approximately 6 months and 1 year, respectively, after completion of the eligible job training program;
(III)
in the case of a job training program that prepares students for a professional license or certification exam, the share of such students who pass such exams;
(IV)
the share of such students who enroll in a certificate or degree program at the institution of higher education offering the eligible job training program within 1 year of completing such eligible job training program;
(V)
the share of such students who transfer to another institution of higher education within 1 year of completing the eligible job training program; and
(VI)
the share of such students who complete a subsequent certificate or degree program at any institution of higher education within 6 years of completing the eligible job training program.
(C)

Exceptions
Notwithstanding any other provision of this paragraph—
(i)
if disclosure of disaggregated data under subparagraph (B) is prohibited from disclosure due to applicable privacy restrictions, the Secretary may take such steps as the Secretary determines necessary to provide meaningful disaggregated student demographic or outcome information, including by combining categories; and
(ii)
an institution may submit, and the Secretary may publish, data required to be collected under subparagraph (B) that is obtained through a State Unemployment Insurance Agency or through other supplemental means, in lieu of any additional data collection, provided that such data are statistically rigorous, accurate, comparable, and representative.
(D)

Report
Not later than July 1, 2025, the Secretary shall—
(i)
submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the impact of eligible job training programs for which the Secretary awards job training Federal Pell Grants under this subsection, based on the most recent data collected under subparagraph (B); and
(ii)
make the report described in clause (i) available publicly on the website of the Department.”.
(2)

Publication of application
Not later than 1 year after date of enactment of this Act, the Secretary shall publish the application for job training programs to submit for approval as eligible job training programs, as defined in subsection (k)(1)(B) of section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), as added by paragraph (1). The information required to determine eligibility in such application shall be consistent with the requirements described in such subsection (k)(1)(B).
(3)

Effective date
The amendment made by paragraph (1) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260).
(d)

Workforce Innovation and Opportunity Act amendment
Section 116(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(i)) is amended by adding at the end the following:
“(4)

Interagency data sharing for job training Federal Pell Grant program
The Secretary of Labor shall coordinate and enter into a data sharing agreement with the Secretary of Education to ensure access to data necessary to implement section 401(k) of the Higher Education Act of 1965 (20 U.S.C. 1070a(k)), as added by section 90305 of the America COMPETES Act of 2022, that is not otherwise available to the Secretary of Education under section 132(l) of the Higher Education Act of 1965 (20 U.S.C. 1015(l)), as amended by section 90306 of the America COMPETES Act of 2022, which may include data related to unemployment insurance, wage information, employment-related outcomes, and indicators of performance collected under this section.”.
(e)

Accrediting agency recognition of eligible job training programs
Section 496(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)(4)) is amended—
(1)
in subparagraph (A), by striking “and” after the semicolon;
(2)
in subparagraph (B)(ii), by inserting “and” after the semicolon; and
(3)
by adding at the end the following:
“(C)
if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions of higher education participating in the job training Federal Pell Grant program under section 401(k), as added by the section 90305 of the America COMPETES Act of 2022, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such eligible job training programs (as defined in that subsection)—
(i)
the agency or association’s standards include a process for determining if the institution has the capability to effectively offer an eligible job training program; and
(ii)
the agency or association requires a demonstration that the program—
(I)
has identified each recognized postsecondary credential offered in the relevant industry in the State or local area where the industry is located; and
(II)
provides academic content, an amount of instructional time, and competencies to satisfy any applicable educational requirement for professional licensure or certification, so that a student who completes the program and seeks employment is qualified to take any licensure or certification examination needed to practice or find employment in the sectors or occupations that the program prepares students to enter.”.
90306.

College transparency
(a)

Postsecondary student data system
Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a) is amended—
(1)
by redesignating subsection (l) as subsection (m); and
(2)
by inserting after subsection (k) the following:
“(l)

Postsecondary student data system
(1)

In general
(A)

Establishment of system
Not later than 4 years after the date of enactment of the America COMPETES Act of 2022, the Commissioner of the National Center for Education Statistics (referred to in this subsection as the “Commissioner”) shall develop and maintain a secure, privacy-protected postsecondary student-level data system in order to—
(i)
accurately evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid;
(ii)
assist with transparency, institutional improvement, and analysis of Federal aid programs;
(iii)
provide accurate, complete, and customizable information for students and families making decisions about postsecondary education; and
(iv)
reduce the reporting burden on institutions of higher education, in accordance with section 90306(d) of America COMPETES Act of 2022.
(B)

Avoiding duplicated reporting
Notwithstanding any other provision of this section, to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection, an institution of higher education, or the Secretary or Commissioner, may use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements.
(C)

Development process
In developing the postsecondary student data system described in this subsection, the Commissioner shall—
(i)
focus on the needs of—
(I)
users of the data system; and
(II)
entities, including institutions of higher education, reporting to the data system;
(ii)
take into consideration, to the extent practicable—
(I)
the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and
(II)
the relevant successor documents or recommendations of such guidelines;
(iii)
use modern, relevant privacy- and security-enhancing technology, and enhance and update the data system as necessary to carry out the purpose of this subsection;
(iv)
ensure data privacy and security is consistent with any Federal law relating to privacy or data security, including—
(I)
the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards or any relevant successor of such standards;
(II)
security requirements that are consistent with the Federal agency responsibilities in section 3554 of title 44, United States Code, or any relevant successor of such responsibilities; and
(III)
security requirements, guidelines, and controls consistent with cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)), or any relevant successor of such frameworks;
(v)
follow Federal data minimization practices to ensure only the minimum amount of data is collected to meet the system’s goals, in accordance with Federal data minimization standards and guidelines developed by the National Institute of Standards and Technology; and
(vi)
provide notice to students outlining the data included in the system and how the data are used.
(2)

Data elements
(A)

In general
Not later than 4 years after the date of enactment of the America COMPETES Act of 2022, the Commissioner, in consultation with the Postsecondary Student Data System Advisory Committee established under subparagraph (B), shall determine—
(i)
the data elements to be included in the postsecondary student data system, in accordance with subparagraphs (C) and (D); and
(ii)
how to include the data elements required under subparagraph (C), and any additional data elements selected under subparagraph (D), in the postsecondary student data system.
(B)

Postsecondary student data system advisory committee
(i)

Establishment
Not later than 2 years after the date of enactment of the America COMPETES Act of 2022, the Commissioner shall establish a Postsecondary Student Data System Advisory Committee (referred to in this subsection as the “Advisory Committee”), whose members shall include—
(I)
the Chief Privacy Officer of the Department or an official of the Department delegated the duties of overseeing data privacy at the Department;
(II)
the Chief Security Officer of the Department or an official of the Department delegated the duties of overseeing data security at the Department;
(III)
representatives of diverse institutions of higher education, which shall include equal representation between 2-year and 4-year institutions of higher education, and from public, nonprofit, and proprietary institutions of higher education, including minority-serving institutions;
(IV)
representatives from State higher education agencies, entities, bodies, or boards;
(V)
representatives of postsecondary students;
(VI)
representatives from relevant Federal agencies; and
(VII)
other stakeholders (including individuals with expertise in data privacy and security, consumer protection, and postsecondary education research).
(ii)

Requirements
The Commissioner shall ensure that the Advisory Committee—
(I)
adheres to all requirements under the Federal Advisory Committee Act (5 U.S.C. App.);
(II)
establishes operating and meeting procedures and guidelines necessary to execute its advisory duties; and
(III)
is provided with appropriate staffing and resources to execute its advisory duties.
(C)

Required data elements
The data elements in the postsecondary student data system shall include, at a minimum, the following:
(i)
Student-level data elements necessary to calculate the information within the surveys designated by the Commissioner as “student-related surveys” in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the America COMPETES Act of 2022, except that in the case that collection of such elements would conflict with subparagraph (F), such elements in conflict with subparagraph (F) shall be included in the aggregate instead of at the student level.
(ii)
Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels separately (including certificate, associate, baccalaureate, and advanced degree levels), within and across institutions of higher education (including across all categories of institution level, control, and predominant degree awarded). The data elements shall allow for reporting about all such data disaggregated by the following categories:
(I)
Enrollment status as a first-time student, recent transfer student, or other non-first-time student.
(II)
Attendance intensity, whether full-time or part-time.
(III)
Credential-seeking status, by credential level.
(IV)
Race or ethnicity, in a manner that captures all the racial groups specified in the most recent American Community Survey of the Bureau of the Census.
(V)
Age intervals.
(VI)
Gender.
(VII)
Program of study (as applicable).
(VIII)
Military or veteran benefit status (as determined based on receipt of veteran’s education benefits, as defined in section 480(c)).
(IX)
Status as a distance education student, whether exclusively or partially enrolled in distance education.
(X)
Federal Pell Grant recipient status under section 401 and Federal loan recipient status under title IV, provided that the collection of such information complies with paragraph (1)(B).
(D)

Other data elements
(i)

In general
The Commissioner may, after consultation with the Advisory Committee and provision of a public comment period, include additional data elements in the postsecondary student data system, such as those described in clause (ii), if those data elements—
(I)
are necessary to ensure that the postsecondary data system fulfills the purposes described in paragraph (1)(A); and
(II)
are consistent with data minimization principles, including the collection of only those additional elements that are necessary to ensure such purposes.
(ii)

Data elements
The data elements described in clause (i) may include—
(I)
status as a first generation college student, as defined in section 402A(h);
(II)
economic status;
(III)
participation in postsecondary remedial coursework or gateway course completion;
(IV)
classification as a student with a disability;
(V)
status as parent or guardian of 1 or more dependent children;
(VI)
status as a confined or incarcerated individual, as defined under section 484(t)(1)(A), as amended by section 702 of the FAFSA Simplification Act FAFSA (title VII of division FF of Public Law 116–260); or
(VII)
other data elements that are necessary in accordance with clause (i).
(E)

Reevaluation
Not less than once every 3 years after the implementation of the postsecondary student data system described in this subsection, the Commissioner, in consultation with the Advisory Committee described in subparagraph (B), shall review the data elements included in the postsecondary student data system and may revise the data elements to be included in such system.
(F)

Prohibitions
The Commissioner shall not include individual health data (including data relating to physical health or mental health), student discipline records or data, elementary and secondary education data, an exact address, citizenship status, migrant status, or national origin status for students or their families, course grades, postsecondary entrance examination results, political affiliation, or religion in the postsecondary student data system under this subsection.
(3)

Periodic matching with other federal data systems
(A)

Data sharing agreements
(i)
The Commissioner shall ensure secure, periodic data matches by entering into data sharing agreements with each of the following Federal agencies and offices:
(I)
The Secretary of Defense, in order to assess the use of postsecondary educational benefits and the outcomes of servicemembers.
(II)
The Director of the Bureau of the Census, in order to assess the earnings outcomes of former postsecondary education students.
(III)
The Chief Operating Officer of the Office of Federal Student Aid, in order to analyze the use of postsecondary educational benefits provided under this Act.
(IV)
The Commissioner of the Social Security Administration, in order to evaluate labor market outcomes of former postsecondary education students.
(V)
The Commissioner of the Bureau of Labor Statistics, in order to assess the wages of former postsecondary education students.
(ii)
The Commissioner may ensure secure, periodic data matches by entering into data sharing agreements with the Secretary of Veterans Affairs.
(iii)
The heads of Federal agencies and offices described under clause (i) shall enter into data sharing agreements with the Commissioner to ensure secure, periodic data matches as described in this paragraph.
(B)

Categories of data
The Commissioner shall, at a minimum, seek to ensure that the secure periodic data system matches described in subparagraph (A) permit consistent reporting of the following categories of data for all postsecondary students:
(i)
Enrollment, retention, transfer, and completion outcomes for all postsecondary students.
(ii)
Financial indicators for postsecondary students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan.
(iii)
Post-completion outcomes for all postsecondary students, including earnings, employment, and further education, by program of study and credential level and as measured—
(I)
immediately after leaving postsecondary education; and
(II)
at time intervals appropriate to the credential sought and earned.
(C)

Periodic data match streamlining and confidentiality
(i)

Streamlining
In carrying out the secure periodic data system matches under this paragraph, the Commissioner shall—
(I)
ensure that such matches are not continuous, but occur only periodically at appropriate intervals, as determined by the Commissioner to meet the goals of subparagraph (A); and
(II)
seek to—
- (aa)
streamline the data collection and reporting requirements for institutions of higher education;
- (bb)
minimize duplicative reporting across or within Federal agencies or departments, including reporting requirements applicable to institutions of higher education under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
- (cc)
protect student privacy; and
- (dd)
streamline the application process for student loan benefit programs available to borrowers based on data available from different Federal data systems.
(ii)

Review
Not less often than once every 3 years after the establishment of the postsecondary student data system under this subsection, the Commissioner, in consultation with the Advisory Committee, shall review methods for streamlining data collection from institutions of higher education and minimizing duplicative reporting within the Department and across Federal agencies that provide data for the postsecondary student data system.
(iii)

Confidentiality
The Commissioner shall ensure that any periodic matching or sharing of data through periodic data system matches established in accordance with this paragraph—
(I)
complies with the security and privacy protections described in paragraph (1)(C)(iv) and other Federal data protection protocols;
(II)
follows industry best practices commensurate with the sensitivity of specific data elements or metrics;
(III)
does not result in the creation of a single standing, linked Federal database at the Department that maintains the information reported across other Federal agencies; and
(IV)
discloses to postsecondary students what data are included in the data system and periodically matched and how the data are used.
(iv)

Correction
The Commissioner, in consultation with the Advisory Committee, shall establish a process for students to request access to only their personal information for inspection and request corrections to inaccuracies in a manner that protects the student’s personally identifiable information. The Commissioner shall respond in writing to every request for a correction from a student.
(4)

Publicly available information
(A)

In general
The Commissioner shall make the summary aggregate information described in subparagraph (C), at a minimum, publicly available through a user-friendly consumer information website and analytic tool that—
(i)
provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics;
(ii)
allows users to build summary aggregate reports of information, including reports that allow comparisons across multiple institutions and programs, subject to subparagraph (B);
(iii)
uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals; and
(iv)
provides users with appropriate contextual factors to make comparisons, which may include national median figures of the summary aggregate information described in subparagraph (C).
(B)

No personally identifiable information available
The summary aggregate information described in this paragraph shall not include personally identifiable information.
(C)

Summary aggregate information available
The summary aggregate information described in this paragraph shall, at a minimum, include each of the following for each institution of higher education:
(i)
Measures of student access, including—
(I)
admissions selectivity and yield; and
(II)
enrollment, disaggregated by each category described in paragraph (2)(C)(ii).
(ii)
Measures of student progression, including retention rates and persistence rates, disaggregated by each category described in paragraph (2)(C)(ii).
(iii)
Measures of student completion, including—
(I)
transfer rates and completion rates, disaggregated by each category described in paragraph (2)(C)(ii); and
(II)
number of completions, disaggregated by each category described in paragraph (2)(C)(ii).
(iv)
Measures of student costs, including—
(I)
tuition, required fees, total cost of attendance, and net price after total grant aid, disaggregated by in-State tuition or in-district tuition status (if applicable), program of study (if applicable), and credential level; and
(II)
typical grant amounts and loan amounts received by students reported separately from Federal, State, local, and institutional sources, and cumulative debt, disaggregated by each category described in paragraph (2)(C)(ii) and completion status.
(v)
Measures of postcollegiate student outcomes, including employment rates, mean and median earnings, loan repayment and default rates, and further education rates. These measures shall—
(I)
be disaggregated by each category described in paragraph (2)(C)(ii) and completion status; and
(II)
be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned.
(D)

Development criteria
In developing the method and format of making the information described in this paragraph publicly available, the Commissioner shall—
(i)
focus on the needs of the users of the information, which will include students, families of students, potential students, researchers, and other consumers of education data;
(ii)
take into consideration, to the extent practicable, the guidelines described in paragraph (1)(C)(ii)(I), and relevant successor documents or recommendations of such guidelines;
(iii)
use modern, relevant technology and enhance and update the postsecondary student data system with information, as necessary to carry out the purpose of this paragraph;
(iv)
ensure data privacy and security in accordance with standards and guidelines developed by the National Institute of Standards and Technology, and in accordance with any other Federal law relating to privacy or security, including complying with the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards, and security requirements, and setting of National Institute of Standards and Technology security baseline controls at the appropriate level; and
(v)
conduct consumer testing to determine how to make the information as meaningful to users as possible.
(5)

Permissible disclosures of data
(A)

Data reports and queries
(i)

In general
Not later than 4 years after the date of enactment of the America COMPETES Act of 2022, the Commissioner shall develop and implement a secure process for making student-level, non-personally identifiable information, with direct identifiers removed, from the postsecondary student data system available for vetted research and evaluation purposes approved by the Commissioner in a manner compatible with practices for disclosing National Center for Education Statistics restricted-use survey data as in effect on the day before the date of enactment of the America COMPETES Act of 2022, or by applying other research and disclosure restrictions to ensure data privacy and security. Such process shall be approved by the National Center for Education Statistics’ Disclosure Review Board (or successor body).
(ii)

Providing data reports and queries to institutions and states
(I)

In general
The Commissioner shall provide feedback reports, at least annually, to each institution of higher education, each postsecondary education system that fully participates in the postsecondary student data system, and each State higher education body as designated by the governor.
(II)

Feedback reports
The feedback reports provided under this clause shall include program-level and institution-level information from the postsecondary student data system regarding students who are associated with the institution or, for State representatives, the institutions within that State, on or before the date of the report, on measures including student mobility and workforce outcomes, provided that the feedback aggregate summary reports protect the privacy of individuals.
(III)

Determination of content
The content of the feedback reports shall be determined by the Commissioner in consultation with the Advisory Committee.
(iii)

Permitting state data queries
The Commissioner shall, in consultation with the Advisory Committee and as soon as practicable, create a process through which States may submit lists of secondary school graduates within the State to receive summary aggregate outcomes for those students who enrolled at an institution of higher education, including postsecondary enrollment and college completion, provided that those data protect the privacy of individuals and that the State data submitted to the Commissioner are not stored in the postsecondary education system.
(iv)

Regulations
The Commissioner shall promulgate regulations to ensure fair, secure, and equitable access to data reports and queries under this paragraph.
(B)

Disclosure limitations
In carrying out the public reporting and disclosure requirements of this subsection, the Commissioner shall use appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot include personally identifiable information or be used to identify specific individuals.
(C)

Sale of data prohibited
Data collected under this subsection, including the public-use data set and data comprising the summary aggregate information available under paragraph (4), shall not be sold to any third party by the Commissioner, including any institution of higher education or any other entity.
(D)

Limitation on use by other federal agencies
(i)

In general
The Commissioner shall not allow any other Federal agency to use data collected under this subsection for any purpose except—
(I)
for vetted research and evaluation conducted by the other Federal agency, as described in subparagraph (A)(i); or
(II)
for a purpose explicitly authorized by this Act.
(ii)

Prohibition on limitation of services
The Secretary, or the head of any other Federal agency, shall not use data collected under this subsection to limit services to students.
(E)

Law enforcement
Personally identifiable information collected under this subsection shall not be used for any Federal, State, or local law enforcement activity or any other activity that would result in adverse action against any student or a student’s family, including debt collection activity or enforcement of immigration laws.
(F)

Limitation of use for federal rankings or summative rating system
The comprehensive data collection and analysis necessary for the postsecondary student data system under this subsection shall not be used by the Secretary or any Federal entity to establish any Federal ranking system of institutions of higher education or a system that results in a summative Federal rating of institutions of higher education.
(G)

Rule of construction
Nothing in this paragraph shall be construed to prevent the use of individual categories of aggregate information to be used for accountability purposes.
(H)

Rule of construction regarding commercial use of data
Nothing in this paragraph shall be construed to prohibit third-party entities from using publicly-available information in this data system for commercial use.
(6)

Submission of data
(A)

Required submission
Each institution of higher education participating in a program under title IV, or the assigned agent of such institution, shall, for each eligible program, in accordance with section 487(a)(17), collect, and submit to the Commissioner, the data requested by the Commissioner to carry out this subsection.
(B)

Voluntary submission
Any institution of higher education not participating in a program under title IV may voluntarily participate in the postsecondary student data system under this subsection by collecting and submitting data to the Commissioner, as the Commissioner may request to carry out this subsection.
(C)

Personally identifiable information
In accordance with paragraph (2)(C)(i), if the submission of an element of student-level data is prohibited under paragraph (2)(F) (or otherwise prohibited by law), the institution of higher education shall submit that data to the Commissioner in the aggregate.
(7)

Unlawful willful disclosure
(A)

In general
It shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the postsecondary student data system described in this subsection to willfully disclose to any person (except as authorized by any Federal law) such personally identifiable information.
(B)

Penalty
Any person who violates subparagraph (A) shall be subject to a penalty described under section 3572(f) of title 44, United States Code, and section 183(d)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).
(C)

Employee of officer of the united states
If a violation of subparagraph (A) is committed by any officer or employee of the United States, the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation.
(8)

Data security
The Commissioner shall produce and update as needed guidance and regulations relating to privacy, security, and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection. The guidance and regulations developed and reviewed shall protect data from unauthorized access, use, and disclosure, and shall include—
(A)
an audit capability, including mandatory and regularly conducted audits;
(B)
access controls;
(C)
requirements to ensure sufficient data security, quality, validity, and reliability;
(D)
appropriate and applicable privacy and security protection, including data retention and destruction protocols and data minimization, in accordance with the most recent Federal standards developed by the National Institute of Standards and Technology; and
(E)
protocols for managing a breach, including breach notifications, in accordance with the standards of National Center for Education Statistics.
(9)

Data collection
The Commissioner shall ensure that data collection, maintenance, and use under this subsection complies with section 552a of title 5, United States Code.
(10)

Definitions
In this subsection:
(A)

Institution of higher education
The term “institution of higher education” has the meaning given the term in section 102.
(B)

Minority-serving institution
The term “minority-serving institution” means an institution of higher education listed in section 371(a).
(C)

Personally identifiable information
The term “personally identifiable information” is used under this subsection as such term is used under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).”.
(b)

Repeal of prohibition on student data system
Section 134 of the Higher Education Act of 1965 (20 U.S.C. 1015c) is repealed.
(c)

Institutional requirements
(1)

In general
Paragraph (17) of section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended to read as follows:
“(17)
The institution or the assigned agent of the institution will collect and submit data to the Commissioner for Education Statistics in accordance with section 132(l), the nonstudent related surveys within the Integrated Postsecondary Education Data System (IPEDS), or any other Federal institution of higher education data collection effort (as designated by the Secretary), in a timely manner and to the satisfaction of the Secretary.”.
(2)

Effective date
The amendment made by subsection (a) shall take effect on the date that is 4 years after the date of enactment of this Act.
(d)

Transition provisions
The Secretary of Education and the Commissioner for Education Statistics shall take such steps as are necessary to ensure that the development and maintenance of the postsecondary student data system required under section 132(l) of the Higher Education Act of 1965, as added by subsection (a), occurs in a manner that reduces the reporting burden for entities that reported into the Integrated Postsecondary Education Data System (IPEDS).
IV

IMPACT Act
90401.

Telecommunications workforce training grant program
(a)

Short title
This section may be cited as the “Improving Minority Participation And Careers in Telecommunications Act” or the “IMPACT Act”
(b)

Grant program
The Secretary of Labor (acting in coordination with the Director of the Office of Minority Broadband Initiatives established under section 902(b)(1) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) and the Secretary of Education) shall establish a program (in this section referred to as the “Telecommunications Workforce Training Grant Program” or the “Grant Program”) under which the Secretary shall meet the following requirements:
(1)

Deadline
Not later than 2 years after the date on which amounts are appropriated under subsection (h), the Secretary—
(A)
may reserve not more than 2 percent of such amounts to administer the Grant Program; and
(B)
after determining the percentage of such amounts to reserve under subparagraph (A), shall use the remainder of such amounts to award grants (in this section referred to as “covered grants”) to eligible entities to develop and implement telecommunications training programs (which may include training programs providing training and education relating to the construction of telecommunications infrastructure).
(2)

Minimum grant amounts to certain entities
In awarding covered grants from the amounts described in paragraph (1)(B), the Secretary shall use not less than—
(A)
30 percent of such amounts to award covered grants to historically Black colleges or universities; and
(B)
30 percent of such amounts to award covered grants to Tribal Colleges or Universities.
(3)

Coordination
The Secretary shall ensure that grant amounts awarded under paragraph (1)(B) are coordinated with, and do not duplicate the specific use of, grant amounts provided under section 902 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
(4)

Single grant cycle
After awarding covered grants under paragraph (1), the authority of the Secretary to award covered grants shall expire.
(5)

Grant period
The Secretary shall establish the grant period of a covered grant, which may not be less than 5 years.
(6)

Construction programs
In awarding covered grants to eligible entities that plan to use the grants for developing and implementing training programs providing training and education relating to construction, the Secretary shall prioritize such eligible entities that—
(A)
partner with—
(i)
a labor or labor-management organization with experience—
(I)
working in the telecommunications industry; or
(II)
in registered apprenticeship programs or pre-apprenticeship programs; or
(ii)
a community college that has a written agreement with 1 or more registered apprenticeship programs; and
(B)
ensure the such programs lead to employment with wages at rates not less than the rates prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.
(c)

Application
(1)

In general
An eligible entity desiring a covered grant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(2)

Contents
An eligible entity shall include in an application under paragraph (1) the following:
(A)
A description of how the eligible entity plans to use the covered grant, including the type of telecommunications training program the eligible entity plans to develop and implement.
(B)
A commitment from the telecommunications industry partner of the eligible entity to collaborate with the eligible entity to develop and implement a telecommunications training program, including the curricula for such program, and the internships, registered apprenticeships, or pre-apprenticeships aligned to such program.
(C)
A plan for recruitment of students to participate in the telecommunications training program, including students in rural areas.
(D)
A plan to ensure that female student participation (or participation among other populations who are underrepresented within the telecommunications industry) in the telecommunications training program of the eligible entity is at a higher rate than the employment rate of women (or other such populations) within the telecommunications industry.
(E)
A description of in-demand occupations within the telecommunications industry to be secured through the telecommunications training program, including—
(i)
jobs in the communities served by the eligible entity; and
(ii)
expected wage and benefit levels of such jobs.
(F)
A description of how the eligible entity plans to integrate the expertise of labor or labor-management organizations with experience working in the telecommunications industry into the development and implementation of the telecommunications training program.
(d)

Authorized uses of funds
An eligible entity may use a covered grant, with respect to the telecommunications training program of the eligible entity developed and implemented with such covered grant, to—
(1)
hire faculty members to teach courses in the training program;
(2)
train faculty members to prepare students for employment in jobs related to the deployment of next-generation wired and wireless communications networks, including 5G networks, hybrid fiber-coaxial networks, and fiber infrastructure, particularly in—
(A)
broadband and wireless network engineering;
(B)
network deployment, operation, and maintenance;
(C)
telecommunications industry field activities; and
(D)
cloud networks, data centers, and cybersecurity;
(3)
design and develop, or customize existing, curricula, courses, or programs of study, in coordination with telecommunications industry partners, that reflect the skills and competencies needed in the telecommunications industry, and that lead to recognized postsecondary credentials;
(4)
pay for costs associated with instruction under the telecommunications training program, including the costs of equipment, telecommunications training towers, laboratory space, classroom space, and telecommunications industry field activities;
(5)
fund scholarships, student internships, registered apprenticeships, and pre-apprenticeship opportunities aligned to the telecommunications training program;
(6)
recruit students for the telecommunications training program, including students in rural areas, if applicable;
(7)
support the enrollment in the telecommunications training program of individuals working in the telecommunications industry in order to advance professionally within the industry;
(8)
support the development of career pathways in the telecommunications industry; and
(9)
provide supportive services (such as transportation, child care, dependent care, housing, and needs-related payments) necessary for participants to complete the training program.
(e)

Report requirements
(1)

Reporting by eligible entities
During the grant period of a covered grant received by an eligible entity, the eligible entity shall submit to the Secretary a semiannual report that, with respect to the preceding 6-month period—
(A)
describes how the eligible entity used the covered grant amounts;
(B)
describes the progress the eligible entity made in developing and implementing the telecommunications training program of the eligible entity;
(C)
describes the number of faculty and students participating in the telecommunications training program of the eligible entity;
(D)
describes the partnership with the telecommunications industry partner of the eligible entity, including—
(i)
the commitments and in-kind contributions made by the telecommunications industry partner; and
(ii)
the role of the telecommunications industry partner in—
(I)
curriculum development;
(II)
ensuring that the program leads to or is aligned with a degree program or recognized postsecondary credential; and
(III)
the internships, registered apprenticeships, and pre-apprenticeships offered under the program; and
(E)
includes data on internship, registered apprenticeship, and pre-apprenticeships, and employment opportunities and placements and completions.
(2)

Annual report to Congress
Each year, until all covered grants have expired, the Secretary shall submit to Congress a report that, with respect to the preceding year—
(A)
identifies each eligible entity that received a covered grant and the amount of the covered grant;
(B)
describes the progress each such eligible entity has made in developing and implementing a telecommunications training program;
(C)
summarizes the job placement status, or registered apprenticeship or pre-apprenticeship opportunities of students who have participated in the training program of the eligible entity; and
(D)
includes the findings of any audits conducted by the Inspector General of the Department of Labor under subsection (f).
(f)

Oversight
The Inspector General of the Department of Labor shall audit the Grant Program in order to—
(1)
ensure that eligible entities use covered grant amounts in accordance with the requirements of this section; and
(2)
prevent waste, fraud, and abuse in the operation of the Grant Program.
(g)

Definitions
In this section:
(1)

Community college
The term community college means—
(A)
a degree-granting public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) at which—
(i)
the highest degree awarded is an associate degree; or
(ii)
an associate degree is the most frequently awarded degree;
(B)
a 2-year Tribal College or University;
(C)
a degree-granting Tribal College or University at which—
(i)
the highest degree awarded is an associate degree; or
(ii)
an associate degree is the most frequently awarded degree;
(D)
a branch campus of a 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), if, at such branch campus—
(i)
the highest degree awarded is an associate degree; or
(ii)
an associate degree is the most frequently awarded degree; or
(E)
a community college, a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(2)

Eligible entity
(A)

In general
The term eligible entity means a historically Black college or university, Tribal College or University, or minority-serving institution, or a consortium of such entities, that forms a partnership with 1 or more telecommunications industry partners to carry out a telecommunications training program.
(B)

Telecommunications industry partner
The term telecommunications industry partner means 1 or more of the following:
(i)
A member of the telecommunications industry, such as a company or industry association.
(ii)
A labor or labor-management organization with experience working in the telecommunications industry or a similar industry.
(iii)
A registered apprenticeship program.
(iv)
A nonprofit organization dedicated to helping individuals gain employment in the telecommunications industry.
(v)
A community college with experience in providing workforce development activities for individuals seeking employment in the telecommunications industry or a similar industry.
(vi)
A Federal agency laboratory specializing in telecommunications technology.
(vii)
A State board or local board.
(viii)
An industry or sector partnership relating to the telecommunications industry.
(3)

Historically black college or university
The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4)

In-demand occupation
The term in-demand occupation has the meaning given the term in section 3(23)(A)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(23)(A)(ii)).
(5)

Minority-serving institution
The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(6)

Pre-apprenticeship
The term pre-apprenticeship means a program that articulates to a registered apprenticeship program.
(7)

Registered apprenticeship
The term registered apprenticeship means an apprenticeship registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of the Apprenticeship pursuant to the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(8)

Secretary
The term Secretary means the Secretary of Labor.
(9)

Telecommunications industry field activities
The term telecommunications industry field activities means activities at active cable, broadband, or other telecommunications network worksites, such as towers, construction sites, and network management hubs.
(10)

Telecommunications training program
The term telecommunications training program means a program developed by an eligible entity (that—
(A)
is designed to prepare students to participate in the telecommunications workforce;
(B)
includes a curriculum that reflects the skills and competencies for in-demand occupations within the telecommunications industry; and
(C)
includes registered apprenticeship, pre-apprenticeship, or internship opportunities aligned to a degree program or resulting in a recognized postsecondary credential.
(11)

Tribal college or university
The term Tribal College or University has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
(12)

WIOA definitions
The terms career pathway, industry or sector partnership, local board, recognized postsecondary credential, State board, and workforce development activities have the meanings given in section 3 of the Workforce Innovation and Opportunity Act.
(h)

Authorization of appropriations
There are authorized to be appropriated $100,000,000 for fiscal years 2023 through 2028, to remain available until expended.
V

BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS (BUILDS)
90501.

Definitions
(1)

In general
In this title, except as otherwise provided in this title, the terms have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(2)

Apprenticeship, apprenticeship program
The term apprenticeship or apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act” (29 U.S.C. 50 et seq.)).
(3)

CTE terms
The terms area career and technical education school, articulation agreement, career guidance and academic counseling, credit transfer agreement, early college high school, high school, program of study, Tribal educational agency, and work-based learning have the meanings given the terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(4)

Education and training provider
(A)

In general
The term education and training provider means an entity listed in subparagraph (B) that provides academic curriculum and instruction related to targeted infrastructure industries.
(B)

Entities
An entity described in this subparagraph is as follows:
(i)
An area career and technical education school, early college high school, or high school providing career and technical education programs of study.
(ii)
An Indian Tribe, Tribal organization, or Tribal educational agency.
(iii)
A minority-serving institution (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
(iv)
A provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.).
(v)
A local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741).
(vi)
A related instruction provider for an apprenticeship program.
(vii)
A public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(viii)
A provider included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
(ix)
A consortium of entities described in any of clauses (i) through (viii).
(5)

Eligible entity
The term eligible entity means—
(A)
an industry or sector partnership;
(B)
a State workforce development board or State workforce development agency, or a local board or local workforce development agency;
(C)
an eligible institution described in paragraph (4)(B), or a consortium thereof;
(D)
an Indian Tribe, Tribal organization, or Tribal educational agency;
(E)
a labor organization or joint-labor management organization; or
(F)
a qualified intermediary.
(6)

Nontraditional population
The term nontraditional population means a group of individuals (such as a group of individuals from the same gender or race) the members of which comprise fewer than 25 percent of the individuals employed in a targeted infrastructure industry.
(7)

Qualified intermediary
(A)

In general
The term qualified intermediary means an entity that demonstrates an expertise—
(i)
in engaging in the partnerships described in subparagraph (B); and
(ii)
serving participants and employers of programs funded under this title by—
(I)
connecting employers to programs funded under this title;
(II)
assisting in the design and implementation of such programs, including curriculum development and delivery of instruction;
(III)
providing professional development activities such as training to mentors;
(IV)
connecting students or workers to programs funded under this title;
(V)
developing and providing personalized support for individuals participating in programs funded under this title, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; or
(VI)
providing services, resources, and supports for development, delivery, expansion, or improvement of programs funded under this title.
(B)

Required partnerships
In carrying out activities under this title, the qualified intermediary shall act in partnerships with—
(i)
industry or sector partnerships, including establishing a new industry or sector partnership or expanding an existing industry or sector partnership;
(ii)
partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, or one-stop operators, or one-stop partners, in the State workforce development system; or
(iii)
partnerships with State or local workforce development boards and among one or more of the entities described in clauses (i) and (ii).
(8)

Secretary
The term Secretary means the Secretary of Labor.
(9)

Targeted infrastructure industry
The term targeted infrastructure industry means an industry, including the transportation (including surface, transit, aviation, maritime, or railway transportation), construction, energy (including the deployment of renewable and clean energy, energy efficiency, transmission, and battery storage), information technology, or utilities industry) to be served by a grant, contract, or cooperative agreement under this title.
90502.

Grants authorized
(a)

In general
The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, and the Chief of Engineers and Commanding General of the Army Corps of Engineers, shall award, on a competitive basis, grants, contracts, or cooperative agreements to eligible entities to plan and implement activities to achieve the strategic objectives described in section 90504(b) with respect to a targeted infrastructure industry identified in the application submitted under section 90503 by such eligible entities.
(b)

Types of awards
A grant, contract, or cooperative agreement awarded under this title may be in the form of—
(1)
an implementation grant, contract, or cooperative agreement, for entities seeking an initial grant under this title; or
(2)
a renewal grant, contract, or cooperative agreement for entities that have already received an implementation grant, contract, or cooperative agreement under this title.
(c)

Duration
Each grant awarded under this title shall be for a period not to exceed 3 years.
(d)

Amount
The amount of a grant, contract, or cooperative agreement awarded under this title may not exceed—
(1)
for an implementation grant, contract, or cooperative agreement, $2,500,000; and
(2)
for a renewal grant, contract, or cooperative agreement, $1,500,000.
(e)

Award basis
(1)

Geographic diversity
The Secretary shall award funds under this title in a manner that ensures geographic diversity (such as urban and rural distribution) in the areas in which activities will be carried out using such funds.
(2)

Priority for awards
In awarding funds under this title, the Secretary shall give priority to eligible entities that—
(A)
in the case of awarding implementation grants, contracts, or cooperative agreements—
(i)
demonstrate long-term sustainability of a program or activity funded under this title;
(ii)
will serve a high number or high percentage of nontraditional populations and individuals with barriers to employment; and
(iii)
will provide a non-Federal share of the cost of the activities; and
(B)
in the case of awarding renewal grants, contracts, or cooperative agreements—
(i)
meet the criteria established in subparagraph (A); and
(ii)
have demonstrated ability to meet the—
(I)
strategic objectives of the implementation grant, contract or cooperative agreement described in section 90503(b)(4); and
(II)
meet or exceed the requirements of the evaluations and progress reports described in section 90504(f).
90503.

Application
(a)

In general
An eligible entity desiring a grant, contract, or cooperative agreement under this title shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the contents described in subsection (b).
(b)

Contents
An application submitted under this title shall contain, at a minimum—
(1)
a description of the entities engaged in activities funded under the grant, including—
(A)
evidence of the eligible entity’s capacity to carry out activities to achieve the strategic objectives described in section 90504(b); and
(B)
identification, and expected participation and responsibilities of each key stakeholder in the targeted infrastructure industry described in section 90504(b)(1) with which the eligible entity will partner to carry out such activities;
(2)
a description of the targeted infrastructure industry to be served by the eligible entity with funds received under this title, and a description of how such industry was identified, including—
(A)
the quantitative data and evidence that demonstrates the demand for employment in such industry in the geographic area served by the eligible entity under this title; and
(B)
a description of the local, State, or federally funded infrastructure projects with respect to which the eligible entity anticipates engaging the partners described in paragraph (1)(B);
(3)
a description of the workers that will be targeted or recruited by the eligible entity, including—
(A)
how recruitment activities will target nontraditional populations to improve the percentages of nontraditional populations employed in targeted infrastructure industries; and
(B)
a description of potential barriers to employment for targeted workers, and a description of strategies that will be used to help workers overcome such barriers;
(4)
a description of the strategic objectives described in section 90504(b) that the eligible entity intends to achieve concerning the targeted infrastructure industry and activities to be carried out as described in section 90504, including—
(A)
a timeline for progress towards achieving such strategic objectives;
(B)
a description of the manner in which the eligible entity intends to make sustainable progress towards achieving such strategic objectives; and
(C)
assurances the eligible entity will provide performance measures for measuring progress towards achieving such strategic objectives, as described in section 90504(f);
(5)
a description of the recognized postsecondary credentials that the eligible entity proposes to prepare individuals participating in activities under this title for, which shall—
(A)
be nationally or regionally portable and stackable;
(B)
be related to the targeted infrastructure industry that the eligible entity proposes to support; and
(C)
be aligned to a career pathway and work-based learning opportunity, such as an apprenticeship program or a pre-apprenticeship program articulating to an apprenticeship program;
(6)
a description of the Federal and non-Federal resources, available under provisions of law other than this title, that will be leveraged in support of the partnerships and activities under this title; and
(7)
a description of how the eligible entity or the education and training provider in partnership with such eligible entity under this title will establish or implement plans to be included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
90504.

Eligible activities
(a)

In general
An eligible entity receiving funds under this title shall carry out activities described this section to achieve the strategic objectives identified in the entity’s application under section 90503, including the objectives described in subsection (b).
(b)

Strategic objectives
The activities to be carried out with the funds awarded under this title shall be designed to achieve strategic objectives, including the following:
(1)
Recruiting key stakeholders (such as employers, labor organizations, local workforce boards, and education and training providers, economic development agencies, and as applicable, qualified intermediaries) in the targeted infrastructure industry to establish or expand industry and sector partnerships for the purpose of—
(A)
assisting the eligible entity in carrying out the activities described in subsection (a); and
(B)
convening with the eligible entity in a collaborative structure that supports the sharing of information and best practices for supporting the development of a diverse workforce to support the targeted infrastructure industry.
(2)
Identifying the training needs of the State or local area in the targeted infrastructure industry, including—
(A)
needs for skills critical to competitiveness and innovation in the industry;
(B)
needs of the apprenticeship programs or other paid work-based learning programs supported by the funds; and
(C)
the needed establishment, expansion, or revisions of career pathways and academic curriculum in the targeted infrastructure industries to establish talent pipelines for such industry.
(3)
Identifying and quantifying any disparities or gaps in employment of nontraditional populations in the targeted infrastructure industries and establishing or expanding strategies to close such gaps.
(4)
Supporting the development of consortia of education and training providers receiving assistance under this title to align curricula, recognized postsecondary credentials, and programs to the targeted infrastructure industry needs and the credentials described in section 90503(b)(5), particularly for high-skill, high-wage or in-demand industry sectors or occupations related to the targeted infrastructure industry.
(5)
Providing information on activities carried out with such funds to the State and local board and the State agency carrying out the State program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, to enable the State agency to inform recipients of unemployment compensation or the employment and training opportunities that may be offered through such activities.
(6)
Establishing or expanding partnerships with employers in industry or sector partnerships to attract potential workers from a diverse jobseeker base, including individuals with barriers to employment and nontraditional populations, by identifying any such barriers through analysis of the labor market data and recruitment strategies, and implementing strategies to help such workers overcome such barriers and increase diversity in the targeted infrastructure industries.
(c)

Planning activities
An eligible entity receiving a planning grant, contract, or cooperative agreement under this title shall use not more than $250,000 of such funds to carry out planning activities during the first year of the grant, contract, or agreement period, which may include—
(1)
establishing or expanding industry or sector partnerships described in subsection (b)(1);
(2)
conducting outreach to local labor organizations, employers, industry associations, education and training providers, economic development organizations, and qualified intermediaries, as applicable;
(3)
recruiting individuals for participation in programs assisted with funds under this title, including individuals with barriers to employment and nontraditional populations;
(4)
establishing or expanding paid work-based learning opportunities, including apprenticeship programs or programs articulating to apprenticeship programs;
(5)
establishing or implementing plans for any education and training provider receiving funding under this title to be included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));
(6)
establishing or implementing plans for awarding academic credit or providing for academic alignment towards credit pathways for programs or programs of study assisted with funds under this title, including academic credit for industry-recognized credentials, competency-based education, work-based learning, or apprenticeship programs;
(7)
making available open, searchable, and comparable information on the recognized postsecondary credentials awarded under such programs, including the related skills or competencies and related employment and earnings outcomes;
(8)
conducting an evaluation of workforce needs in the local area; or
(9)
career pathway and curriculum development or expansion, program establishment, and acquiring equipment necessary to support activities permitted under this section.
(d)

Employer engagement
An eligible entity receiving funds under this title shall use the grant funds to provide services to engage employers in efforts to achieve the strategic objectives identified in the partnership’s application under section 90503(b)(4), such as—
(1)
navigating the registration process for a sponsor of an apprenticeship program;
(2)
connecting the employer with an education and training provider, to support the development of curriculum for work-based learning opportunities, including the related instruction for apprenticeship programs;
(3)
providing training to incumbent workers to serve as trainers or mentors to individuals participating in a work-based learning program funded under this title;
(4)
subsidizing the wages and benefits for individuals participating in activities or programs funded under this title for a period of not more than 6 months for employers demonstrating financial need, including due to COVID–19; and
(5)
recruiting for employment or participation in programs funded under this title, including work-based learning programs, including—
(A)
individuals participating in programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), or the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(B)
recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(C)
recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(D)
individuals with a barrier to employment; or
(E)
nontraditional populations in the targeted infrastructure industry served by such funds.
(e)

Participant services
The eligible entity receiving funds under this title shall use the grant funds to provide services to support the success of individuals participating in a program supported under this title, which shall include—
(1)
in coordination with the State or local board—
(A)
training services as described in section 134(c)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3));
(B)
career services as described in section 134(c)(2) of such Act; and
(C)
supportive services, such as child care and transportation;
(2)
providing access to necessary supplies, materials, technological devices, or required equipment, attire, and other supports necessary to participate in such programs or to start employment;
(3)
job placement assistance, including in paid work-based learning opportunities which may include apprenticeship programs, or employment at the completion of a program provided by an education and training provider;
(4)
providing career awareness activities, such as career guidance and academic counseling; and
(5)
services to ensure individuals served by funds under this title maintain employment after the completion of a program funded under this title for at least 12 months, including through the continuation of services described under paragraphs (1) through (4) as applicable continuation of services described under paragraphs (1) through (4).
(f)

Evaluation and progress reports
Not later than 1 year after receiving a grant under this title, and annually thereafter, the eligible entity receiving the grant shall submit a report to the Secretary and the Governor of the State that the eligible entity serves, that—
(1)
describes the activities funded under this title;
(2)
evaluates the progress the eligible entity has made towards achieving the strategic objectives identified under section 90503(b)(4); and
(3)
evaluates the levels of performance achieved by the eligible entity for training participants with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by race, ethnicity, sex, and age.
(g)

Administrative costs
An eligible partnership may use not more than 5 percent of the funds awarded through a grant, contract, or cooperative agreement under this title for administrative expenses in carrying out this section.
90505.

Administration by the Secretary
(a)

In general
The Secretary may use not more than 2 percent of the amount appropriated under section 90506 for each fiscal year for administrative expenses to carry out this title, including the expenses of providing the technical assistance and oversight activities under subsection (b).
(b)

Technical assistance; oversight
The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this title.
90506.

Authorization of appropriations
There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2023 and each of the succeeding 4 fiscal years.
90507.

Special rule
Any funds made available under this title that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in section 90501 of this title, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program.
VI

Dr. David Satcher Cybersecurity Education Grant Program
90601.

Dr. David Satcher cybersecurity education grant program
(a)

Definitions
In this section:
(1)

Director
The term Director means the Director of the National Institute of Standards and Technology.
(2)

Enrollment of needy students
The term enrollment of needy students has the meaning given the term in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)).
(3)

Historically black college or university
The term historically Black college or university has the meaning given the term part B institution as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4)

Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5)

Minority-serving institution
The term minority-serving institution means an institution listed in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(b)

Authorization of grants
(1)

In general
Subject to the availability of appropriations, the Director shall carry out the Dr. David Satcher Cybersecurity Education Grant Program by—
(A)
awarding grants to assist institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, and minority-serving institutions, to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity; and
(B)
awarding grants to build capacity at institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, and minority-serving institutions, to expand cybersecurity education opportunities, cybersecurity programs, cybersecurity research, and cybersecurity partnerships with public and private entities.
(2)

Reservation
The Director shall award not less than 50 percent of the amount available for grants under this section to historically Black colleges and universities and minority-serving institutions.
(3)

Coordination
The Director shall carry out this section in coordination with appropriate Federal agencies, including the Department of Homeland Security.
(4)

Sunset
The Director's authority to award grants under paragraph (1) shall terminate on the date that is 5 years after the date the Director first awards a grant under paragraph (1).
(c)

Applications
An eligible institution seeking a grant under subsection (b) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the institution will use the funds awarded through the grant to expand cybersecurity education opportunities at the eligible institution.
(d)

Activities
An eligible institution that receives a grant under this section may use the funds awarded through such grant for increasing research, education, technical, partnership, and innovation capacity, including for—
(1)
building and upgrading institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities;
(2)
building and upgrading institutional capacity to provide hands-on research and training experiences for undergraduate and graduate students; and
(3)
outreach and recruitment to ensure students are aware of such new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities.
(e)

Reporting requirements
Not later than—
(1)
1 year after the effective date of this section, as provided in subsection (g), and annually thereafter until the Director submits the report under paragraph (2), the Director shall prepare and submit to Congress a report on the status and progress of implementation of the grant program under this section, including on the number and nature of institutions participating, the number and nature of students served by institutions receiving grants, the level of funding provided to grant recipients, the types of activities being funded by the grants program, and plans for future implementation and development; and
(2)
5 years after the effective date of this section, as provided in subsection (g), the Director shall prepare and submit to Congress a report on the status of cybersecurity education programming and capacity-building at institutions receiving grants under this section, including changes in the scale and scope of these programs, associated facilities, or in accreditation status, and on the educational and employment outcomes of students participating in cybersecurity programs that have received support under this section.
(f)

Performance metrics
The Director shall establish performance metrics for grants awarded under this section.
(g)

Effective date
This section shall take effect 1 year after the date of enactment of this Act.
VII

Critical supply chain sectors apprenticeships grants
90701.

Grant requirements
(a)

Authority
(1)

In general
The Secretary of Labor may award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for the purposes of expanding the offerings of apprenticeship programs registered under the national apprenticeship system in sectors across the national supply chain with workforce shortages.
(2)

Coordination and technical assistance
For the purposes of carrying out paragraph (1), the Secretary of Labor shall coordinate with State Offices of Apprenticeship to provide technical assistance, and take additional actions as warranted to support the workforce needs of such sectors.
(b)

Application
An eligible entity desiring a grant under this section shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall include a proposal to—
(1)
serve employers and workers in sectors across the national supply chain that have workforce shortages and for whom access to a skilled workforce is critical to the function of the United States supply chain; and
(2)
provide opportunities in only nontraditional apprenticeship occupations that are suitable for apprenticeship programs.
(d)

Duration
Each grant awarded under this title shall be for a period not to exceed 4 years.
(e)

Definitions
In this section:
(1)

In general
Except as otherwise provided, any term used in this title that is defined in section 2 of the National Apprenticeship Act, as amended by section 90103 of this Act shall have the meaning given the term in such section.
(2)

Apprenticeship program
The term apprenticeship program means an apprenticeship program registered under the national apprenticeship system.
(3)

Eligible entity
The term eligible entity means—
(A)
a program sponsor of an apprenticeship program;
(B)
a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency;
(C)
an education and training provider, or a consortium of such providers;
(D)
if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency;
(E)
an Indian Tribe or Tribal organization;
(F)
an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in an apprenticeship program;
(G)
a Governor of a State;
(H)
a labor organization or joint labor-management organization; or
(I)
a qualified intermediary.
(4)

Workforce shortage
The term workforce shortage means there are an insufficient number of individuals with the required skills and competencies needed for a particular occupation to meet the current and future demands of employers, as determined by the Secretary of Labor.
(f)

Authorization of appropriations
There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2023 and each of the succeeding 4 fiscal years.
VIII

AI JOBS Act of 2021
90801.

Sense of Congress
It is the sense of Congress that technology can improve the lives of individuals, but can also disrupt jobs, and for this reason, innovation should be encouraged while training and retraining American workers for our 21st century economy.
90802.

Report on artificial intelligence
(a)

Report requirements
Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in collaboration with the individuals and entities described in subsection (b), shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on artificial intelligence and its impact on the workforce, which shall include the following:
(1)
Outline the specific data, and the availability of such data, necessary to properly analyze the impact and growth of artificial intelligence.
(2)
Identification of industries that are projected to have the most growth in artificial intelligence use, and whether the technology will result in the enhancement of workers’ capabilities or their replacement.
(3)
Analysis of the expertise and education (including computer science literacy) needed to develop, operate, or work alongside artificial intelligence over the next two decades, as compared to the levels of such expertise and education among the workforce as of the date of enactment of this Act.
(4)
Analysis of which demographics (including ethnic, gender, economic, age, and regional) may experience expanded career opportunities, and which such demographics may be vulnerable to career displacement, due to artificial intelligence.
(5)
Any recommendations to alleviate workforce displacement, prepare future workforce members for the artificial-intelligence economy, and any other relevant observations or recommendations within the field of artificial intelligence.
(b)

Collaboration
In preparing the report under subsection (a), the Secretary of Labor shall collaborate, through a series of public meetings, roundtables or other methods, with—
(1)
local educational agencies, institutions of higher education (including community colleges), workforce-training organizations, and National Laboratories;
(2)
a broad range of industrial stakeholders in the technology, manufacturing, and service sectors, including companies (large and small), think tanks, and industry organizations;
(3)
the National Academies of Science, including by sharing relevant information obtained as a result of the study conducted under section 5105 of the National Artificial Intelligence Initiative Act of 2020; and
(4)
the Secretary of Commerce, the National Science Foundation, and the heads of any other Federal agency the Secretary of Labor determines appropriate.
90803.

Definitions
In this title:
(1)

Artificial intelligence
The term “artificial intelligence” has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2)

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)).
(3)

Institution of higher education
The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(4)

Local educational agency
The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
IX

Supporting Apprenticeship Colleges Act of 2021
90901.

Community outreach grant program
(a)

In general
From the amounts appropriated under subsection (f), the Secretary of Education shall provide grants to eligible entities for the purposes of expanding or supporting potential student and employer outreach carried out by such entities with respect to the construction and manufacturing-oriented registered apprenticeship programs offered by such entities.
(b)

Amounts
The total grant amount made to an eligible entity under this section may not exceed $500,000.
(c)

Use of grants
An eligible entity that receives a grant under this section shall use such grant for the outreach described in subsection (a), which shall include the following:
(1)
Outreach to high schools, for the purpose of educating students, parents, guardians, and faculty on the benefits of enrolling in the construction and manufacturing-oriented registered apprenticeship program offered by the eligible entity.
(2)
Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of hiring graduates of such program, which shall—
(A)
primarily target relationship building with potential employers in rural, exurban, and suburban areas; and
(B)
seek to maximize the number of students who work in such areas after completing such program.
(3)
Outreach to local workforce development boards for the purpose of reaching nontraditional student populations and prioritizing local needs.
(d)

Application requirements
An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(e)

Priority
In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate outreach efforts targeted at increasing program enrollment for rural, first generation, minority, and nontraditional students, or other students from underrepresented population.
(f)

Authorization of appropriations
There are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2022 through 2026.
90902.

Student support grant program for expanded academic advising
(a)

In general
From the amounts appropriated under subsection (g), the Secretary of Education shall provide grants to eligible entities for the activities described in subsection (d).
(b)

Amounts
The total grant amount made to an eligible entity under this section may not exceed $500,000.
(c)

Multiple grants permitted
An eligible entity may receive a grant under this section and section 90901.
(d)

Use of grants
(1)

In general
An eligible entity that receives a grant under this section shall use such grant for advising and support services to enrollees of construction and manufacturing-oriented registered apprenticeship programs offered by such entity to increase retention and persistence for students.
(2)

Requirements
Such advising and support services shall include the following:
(A)
Expanding academic advising programs that provide services to students, including the following:
(i)
Career advising and professional development.
(ii)
Support for English as a second language students.
(iii)
Information and resource systems.
(iv)
Mentoring systems.
(v)
Other such programs.
(B)
Expanding student support programs that provide services to students, including the following:
(i)
Health and family-related services, including substance abuse disorder and mental health counseling.
(ii)
Support for first-generation students.
(iii)
Childcare support.
(iv)
Other such programs.
(v)
In the case of an eligible entity that is a construction and manufacturing-oriented registered apprenticeship program, maintaining its accreditation by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.),
(e)

Application requirements
An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(f)

Report
(1)

In general
An eligible entity that receives a grant under this section shall submit to the Secretary a report on—
(A)
the activities supported by the grant;
(B)
the number of students participating in the activities supported by the grant;
(C)
any progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular—
(i)
the effectiveness of the grant in expanding overall enrollment and program completion rates; and
(ii)
the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and
(D)
such other information as the Secretary determines to be appropriate.
(2)

Timeline for submission of report
The report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section.
(g)

Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026.
90903.

Definitions
In this title:
(1)

Construction and manufacturing-oriented apprenticeship college
The term construction and manufacturing-oriented apprenticeship college means—
(A)
an institution of higher education that is a sponsor of a construction and manufacturing-oriented registered apprenticeship program; or
(B)
a construction and manufacturing-oriented registered apprenticeship program.
(2)

Construction and manufacturing-oriented registered apprenticeship program
The term construction and manufacturing-oriented registered apprenticeship program means a registered apprenticeship program that—
(A)
provides coursework and training in preparation for employment in the construction or manufactory industry (such as employment as a painter, drywall finisher, glazier, or glassworker);
(B)
(i)
leads to a recognized postsecondary credential other than a certificate of completion of an apprenticeship; or
(ii)
awards credits that can be applied toward a recognized postsecondary credential; and
(C)
is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.).
(3)

Eligible entity
The term eligible entity means a construction and manufacturing-oriented apprenticeship college.
(4)

First generation college student
The term first generation college student has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 (20 U.S.C. 1070a–11(h)).
(5)

High school
The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6)

Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(7)

Outreach
The term outreach means communications and relationship-building opportunities undertaken by an eligible entity.
(8)

Recognized postsecondary credential
The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(9)

Registered apprenticeship program
The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(10)

Second language
The term second language means any language other than English, including Braille and American Sign Language.
(11)

Secretary
The term Secretary means the Secretary of Education.
(12)

Underrepresented population
The term underrepresented population means an individual who is from a group whose gender, ethnic background, or national origin is not traditionally represented in registered apprenticeship programs.
K

Matters relating to trade
Sec. 100001. Short title.
Title I—Trade Adjustment Assistance
Sec. 101001. Short title.
Sec. 101002. Application of provisions relating to trade adjustment assistance.
Subtitle A—Trade adjustment assistance for workers
Sec. 101101. Filing petitions.
Sec. 101102. Group eligibility requirements.
Sec. 101103. Application of determinations of eligibility to workers employed by successors-in-interest.
Sec. 101104. Provision of benefit information to workers.
Sec. 101105. Qualifying requirements for workers.
Sec. 101106. Modification to trade readjustment allowances.
Sec. 101107. Automatic extension of trade readjustment allowances.
Sec. 101108. Employment and case management services.
Sec. 101109. Training.
Sec. 101110. Job search, relocation, and child and other dependent care allowances.
Sec. 101111. Agreements with States.
Sec. 101112. Reemployment trade adjustment assistance program.
Sec. 101113. Extension of trade adjustment assistance to public agency workers.
Sec. 101114. Definitions.
Sec. 101115. Requirements for certain territories.
Sec. 101116. Subpoena power.
Subtitle B—Trade adjustment assistance for firms
Sec. 101201. Petitions and determinations.
Sec. 101202. Approval of adjustment proposals.
Sec. 101203. Technical assistance.
Sec. 101204. Definitions.
Sec. 101205. Plan for sustained outreach to potentially-eligible firms.
Subtitle C—Trade Adjustment Assistance for Communities and Community Colleges
Sec. 101301. Trade adjustment assistance for communities.
Sec. 101302. Trade adjustment assistance for community colleges and career training.
Subtitle D—Trade adjustment assistance for farmers
Sec. 101401. Definitions.
Sec. 101402. Group eligibility requirements.
Sec. 101403. Benefit information to agricultural commodity producers.
Sec. 101404. Qualifying requirements and benefits for agricultural commodity producers.
Subtitle E—Authorizations of appropriations and other matters
Sec. 101501. Extension of trade adjustment assistance program.
Sec. 101502. Applicability of trade adjustment assistance provisions.
Subtitle F—Health Care Tax Credit
Sec. 101601. Permanent credit for health insurance costs.
Title II—Improvements to trade remedies laws
Subtitle A—Successive Investigations
Sec. 102001. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations.
Sec. 102002. Initiation of successive antidumping and countervailing duty investigations.
Sec. 102003. Issuance of determinations with respect to successive antidumping and countervailing duty investigations.
Subtitle B—Responding to Market Distortions
Sec. 102101. Addressing cross-border subsidies in countervailing duty investigations.
Sec. 102102. Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the ordinary course of trade.
Sec. 102103. Modification of adjustments to export price and constructed export price with respect to duty drawback.
Sec. 102104. Modification of determination of constructed value to include distortions of costs that occur in foreign countries.
Sec. 102105. Special rules for calculation of cost of production and constructed value to address distorted costs.
Subtitle C—Preventing Circumvention
Sec. 102201. Modification of requirements in circumvention inquiries.
Sec. 102202. Requirement of provision by importer of certification by importer or other party.
Sec. 102203. Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise.
Sec. 102204. Asset requirements applicable to nonresident importers.
Subtitle D—Countering currency undervaluation
Sec. 102301. Investigation or review of currency undervaluation under countervailing duty law.
Sec. 102302. Determination of benefit with respect to currency undervaluation.
Subtitle E—Preventing duty evasion
Sec. 102401. Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders.
Sec. 102402. Procedures for investigating claims of evasion of safeguard actions.
Sec. 102403. Application of provisions relating to certain proprietary information.
Subtitle F—General Provisions
Sec. 102501. Application to Canada and Mexico.
Sec. 102502. Repeal of the Softwood Lumber Act of 2008.
Sec. 102503. Enforcement actions relating to cheese subject to an in-quota rate of duty.
Sec. 102504. Effective date.
Title III—Import Security and Fairness Act
Sec. 103001. Short title.
Sec. 103002. Additional exceptions to exemptions for de minimis treatment under the Tariff Act of 1930.
Sec. 103003. Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930.
Sec. 103004. Effective date.
Title IV—National critical capabilities reviews
Sec. 104001. National critical capabilities reviews.
Title V—Modification and Extension of Generalized System of Preferences
Sec. 105001. Modification and extension of Generalized System of Preferences.
Sec. 105002. United States International Trade Commission study.
Title VI—Reauthorization of the American Manufacturing Competitiveness Act of 2016 and other matters
Sec. 106001. Reauthorization of american manufacturing competitiveness act of 2016.
Sec. 106002. Limitation on duty suspensions or reductions for finished goods.
Sec. 106003. Sense of Congress on United States commitment to the World Trade Organization.
Sec. 106004. Authority of U.S. Customs and Border Protection to consolidate, modify, or reorganize Customs revenue functions.
Sec. 106005. Prohibition on large scale transportation of sodium cyanide briquettes for mining purposes in the United States.
Title VII—Temporary Duty Suspensions and Reductions
Sec. 107001. Reference.
Subtitle A—New Duty Suspensions and Reductions
Sec. 107101. Shelled pine nuts.
Sec. 107102. Licorice extract.
Sec. 107103. Refined Carrageenan.
Sec. 107104. Irish dairy chocolate crumb.
Sec. 107105. Pepperoncini, preserved in vinegar.
Sec. 107106. Coconut water in PET bottles.
Sec. 107107. 9,11-Octadecadienoic acid.
Sec. 107108. Liquid galacto-oligosaccharides.
Sec. 107109. Beverage containing coconut water.
Sec. 107110. Animal feed additive containing guanidinoacetic acid.
Sec. 107111. Tungsten concentrate.
Sec. 107112. Piperylene.
Sec. 107113. Normal paraffin M (alkanes C10–C14).
Sec. 107114. Neodymium (Nd) metal.
Sec. 107115. Praseodymium (Pr) metal.
Sec. 107116. Heavy rare earth metals, dysprosium (Dy) metal and terbium (Tb) metal.
Sec. 107117. Scandium crystal.
Sec. 107118. Hexafluorotitanic acid.
Sec. 107119. Silica gel cat litter with tray.
Sec. 107120. Dioxosilane spherical particles (mean particle size 0.046–0.054 mm).
Sec. 107121. Silica gel cat litter.
Sec. 107122. Sulfuryl dichloride.
Sec. 107123. FS-10D acicular electroconductive tin oxide.
Sec. 107124. Certain potassium fluoride.
Sec. 107125. Other potassium fluoride.
Sec. 107126. LiPF6.
Sec. 107127. LiPO2F2.
Sec. 107128. Ammonium fluoroborate.
Sec. 107129. Sodium tetrafluoroborate.
Sec. 107130. Ferric chloride.
Sec. 107131. Ferrous chloride.
Sec. 107132. Cupric chloride dihydrate.
Sec. 107133. Copper chloride anhydrous.
Sec. 107134. Manganese chloride anhydrous.
Sec. 107135. Manganese chloride tetrahydrate.
Sec. 107136. Reducing agent.
Sec. 107137. Manganese carbonate.
Sec. 107138. Potassium tetraborate.
Sec. 107139. Potassium pentaborate.
Sec. 107140. Ammonium thiocyanate.
Sec. 107141. Modified amine complex of boron trifluoride.
Sec. 107142. Trichlorosilane.
Sec. 107143. 1,3-Dichloropropene.
Sec. 107144. Hexafluoroisobutylene (HFIB).
Sec. 107145. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 107146. Ethyl benzyl chloride.
Sec. 107147. Perfluoroalkyl sulfonate.
Sec. 107148. D-Mannitol.
Sec. 107149. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 107150. Phenyl isopropanol.
Sec. 107151. Hydroxytyrosol.
Sec. 107152. 1,6-Dihydroxynaphthalene.
Sec. 107153. Antioxidant for plastics and rubber.
Sec. 107154. Toluhydroquinone (THQ).
Sec. 107155. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 107156. mPEG6-mesylate.
Sec. 107157. Monoethylene glycol dimethyl ether.
Sec. 107158. Diethylene glycol dimethyl ether.
Sec. 107159. Diethylene glycol dibutyl ether.
Sec. 107160. Tetraethylene glycol dimethyl ether.
Sec. 107161. Glycol diether.
Sec. 107162. Diglycidyl resorcinol ether.
Sec. 107163. Allyl glycidyl ether.
Sec. 107164. Vinylcyclohexane monoxide.
Sec. 107165. Technical grade of butyl glycidyl ether.
Sec. 107166. Aliphatic glycidyl ether.
Sec. 107167. Diglycidyl ether of 1,4-butanediol.
Sec. 107168. Technical grade of the glycidyl ether of cyclohexane dimethanol.
Sec. 107169. Glycidyl ester of neodecanoic acid.
Sec. 107170. Cumaldehyde.
Sec. 107171. Cyprinal.
Sec. 107172. Sodium o-formylbenzenesulfonate.
Sec. 107173. Acetylacetone.
Sec. 107174. Acetyl propionyl.
Sec. 107175. Alpha ionone.
Sec. 107176. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 107177. Menthone.
Sec. 107178. L-Carvone.
Sec. 107179. Benzoin.
Sec. 107180. Methyl cyclopentenolone.
Sec. 107181. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 107182. Difluorobenzophenone (DFBP).
Sec. 107183. PTMI.
Sec. 107184. Metrafenone.
Sec. 107185. Hexachloroacetone.
Sec. 107186. Fire suppression agent.
Sec. 107187. D(+)-10-Camphor sulfonic acid.
Sec. 107188. Benzyl acetate.
Sec. 107189. Propylene glycol diacetate.
Sec. 107190. Isopropenyl acetate.
Sec. 107191. Diacetin.
Sec. 107192. Cocoamine.
Sec. 107193. Caprylic acid 98%.
Sec. 107194. Fine zinc myristate powder.
Sec. 107195. Fine magnesium myristate powder.
Sec. 107196. Dipentaerythrityl hexahydroxystearate/hexastearate/hexarosinate.
Sec. 107197. Polyglyceryl-2 triisostearate.
Sec. 107198. Neopentyl glycol diethylhexanoate.
Sec. 107199. Isononyl isononate.
Sec. 107200. Acetyl chloride.
Sec. 107201. Potassium sorbate.
Sec. 107202. Vinyl chloroformate.
Sec. 107203. Permethrin.
Sec. 107204. Sodium benzoate.
Sec. 107205. Benzoic acid, flake.
Sec. 107206. Diethylene glycol dibenzoate.
Sec. 107207. Methyl benzoate.
Sec. 107208. M-Nitrobenzoic acid sodium salt.
Sec. 107209. p-Nitrobenzoic acid.
Sec. 107210. 4-tert Butylbenzoic acid.
Sec. 107211. Sodium adipate.
Sec. 107212. Dimethyl sebacate (DMS).
Sec. 107213. Dodecanedioic acid.
Sec. 107214. Polyhydroxystearic acid of low acid value.
Sec. 107215. Undecanedioic acid.
Sec. 107216. Hexadecanedioic acid.
Sec. 107217. Tetradecanedioic acid.
Sec. 107218. Pentadecanedioic acid.
Sec. 107219. Tridecanedioic acid.
Sec. 107220. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 107221. Calcium HHPA.
Sec. 107222. Diethyl phthalate.
Sec. 107223. Ammonium lactate.
Sec. 107224. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 107225. Diisostearyl malate.
Sec. 107226. Salicylic acid.
Sec. 107227. Hexyl salicylate.
Sec. 107228. Alpha-ketogluteric acid.
Sec. 107229. MCPB herbicide.
Sec. 107230. 2,4-D Butoxyethylester.
Sec. 107231. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 107232. Diglycolic acid 98%.
Sec. 107233. Tri-iso-butyl phosphate (TiBP).
Sec. 107234. Trimethylphosphite.
Sec. 107235. Organic phosphite.
Sec. 107236. Diethyl sulfate.
Sec. 107237. Diethyl carbonate.
Sec. 107238. Ethyl methyl carbonate.
Sec. 107239. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 107240. Dicetyl peroxydicarbonate.
Sec. 107241. Tetraethyl silicate.
Sec. 107242. tert-Octylamine.
Sec. 107243. Octadecylamine.
Sec. 107244. N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine.
Sec. 107245. 1,10-Diaminodecane.
Sec. 107246. 1,5-Pentanediamine.
Sec. 107247. Dicyclohexylamine.
Sec. 107248. Amantadine hydrochloride 99%.
Sec. 107249. N,N-Dimethylaniline.
Sec. 107250. Paranitroaniline (PNA).
Sec. 107251. Dicloran.
Sec. 107252. N,N-Dimethyl-p-toluidine.
Sec. 107253. Pendimethalin technical.
Sec. 107254. Benzyldimethylamine.
Sec. 107255. Diphenyl diphenylene diamine.
Sec. 107256. Curative for epoxy resin systems.
Sec. 107257. TFMB.
Sec. 107258. S-N-Alkyl-anilin.
Sec. 107259. p-Cresidine.
Sec. 107260. Iminodiacetic acid.
Sec. 107261. 11 Aminoundecanoic acid.
Sec. 107262. L-Orinithine L-aspartate.
Sec. 107263. Iron sodium DTPA.
Sec. 107264. Iron glycinate complex.
Sec. 107265. Copper glycinate complex.
Sec. 107266. Zinc glycinate complex.
Sec. 107267. Manganese glycinate complex.
Sec. 107268. Iron sodium EDDHA.
Sec. 107269. DMF-DMA.
Sec. 107270. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 107271. Betaine.
Sec. 107272. Prolonium chloride in aqueous solution.
Sec. 107273. N,N-Dimethylacetamide.
Sec. 107274. N,N-Dimethylformamide.
Sec. 107275. DAAM.
Sec. 107276. L-Alanyl L-glutamine.
Sec. 107277. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 107278. Glycyl-L-glutamine hydrate.
Sec. 107279. Noviflumuron.
Sec. 107280. Propanil technical.
Sec. 107281. Hexaflumuron.
Sec. 107282. Stabilizer for plastics and rubber.
Sec. 107283. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 107284. Glycyl-L-tyrosine dihydrate.
Sec. 107285. L-Alanyl-L-tyrosine.
Sec. 107286. Enzalutamide ITS-2.
Sec. 107287. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 107288. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 107289. N′-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide (BMH) (oil treated).
Sec. 107290. Guanidine sulfamate.
Sec. 107291. Liquid, blocked cycloaliphatic diamine used as crosslinker for polyisocyanate resins.
Sec. 107292. 3,4-Difluorobenzonitrile.
Sec. 107293. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 107294. TFMPA.
Sec. 107295. Dimethyl 2,2′-Azobisisobutyrate.
Sec. 107296. Antioxidant/metal deactivator.
Sec. 107297. Benzyl carbazate.
Sec. 107298. Benzene-1,3-dicarbohydrazide.
Sec. 107299. Input for resins, coatings, and other products.
Sec. 107300. Aldicarb.
Sec. 107301. Flubendiamide.
Sec. 107302. Benzobicyclon.
Sec. 107303. Diphenylsulfone (DPS).
Sec. 107304. Phenolic antioxidant.
Sec. 107305. Phenolic antioxidant and heat stabilizer.
Sec. 107306. Phenylchlorothioformate (PTCFM).
Sec. 107307. Methylene bis thiocyanate.
Sec. 107308. Oxamyl.
Sec. 107309. L-Cystine.
Sec. 107310. L-Cysteine.
Sec. 107311. N,N′-Bis-L-alanyl-L-cystine.
Sec. 107312. Lubricant additive.
Sec. 107313. Sodium benzenesulfinate.
Sec. 107314. Thio-ether based co-stabilizer for plastics.
Sec. 107315. L-Cysteine hydrate hydrochloride.
Sec. 107316. Dimercaprol.
Sec. 107317. Monoammonium salt of glyphosate.
Sec. 107318. THPC.
Sec. 107319. Flame retardant for textiles.
Sec. 107320. Glyphosate.
Sec. 107321. Ethephon.
Sec. 107322. Benzene phosphinic acid.
Sec. 107323. HEDP.
Sec. 107324. Trimethylchlorosilane.
Sec. 107325. Chloro-(chloromethyl)-dimethylsilane.
Sec. 107326. Silicone for electronics cleaners.
Sec. 107327. Silicon carrier fluid for active lotions, creams.
Sec. 107328. Vinyltrimethoxysilane.
Sec. 107329. n-Octyltriethoxysilane.
Sec. 107330. Dimethylbis(s-butylamino)silane.
Sec. 107331. Aqueous solution of potassium methyl siliconate.
Sec. 107332. Octyltrimethoxysilane.
Sec. 107333. Octlytriethoxysilane.
Sec. 107334. Methyltris(sec-butylamino)silane.
Sec. 107335. Methyltris(methylethylketoximino)silane (MOS).
Sec. 107336. Heptamethyltrisiloxane.
Sec. 107337. Tetramethyldisiloxane.
Sec. 107338. Dimethylchlorosilane.
Sec. 107339. Dichloromethylsilane.
Sec. 107340. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 107341. Tetravinyltetramethylcyclo­tetra­siloxane.
Sec. 107342. Divinyltetramethyldisiloxane.
Sec. 107343. Input for plant protection agent.
Sec. 107344. Strawberry furanone.
Sec. 107345. Emamectin benzoate.
Sec. 107346. Gibberellic acid.
Sec. 107347. Rose oxide.
Sec. 107348. Vinylene carbonate.
Sec. 107349. Kasugamycin technical.
Sec. 107350. 2H-Cyclododeca[b]pyran.
Sec. 107351. Bixafen.
Sec. 107352. Fluxapyroxad.
Sec. 107353. 3,5 Dimethylpyrazole.
Sec. 107354. Pyraclonil.
Sec. 107355. Imidazolidinyl urea.
Sec. 107356. Allantoin.
Sec. 107357. Emulsifiable concentrate of Imazalil fungicide.
Sec. 107358. Technical cyazofamid fungicide.
Sec. 107359. Imazalil sulfate.
Sec. 107360. 1,2-Dimethylimidazole.
Sec. 107361. 2-Methylimidazole flakes.
Sec. 107362. Diazolidinyl urea.
Sec. 107363. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 107364. Zinc pyrithione.
Sec. 107365. Technical Pyriofenone fungicide.
Sec. 107366. Picoxystrobin.
Sec. 107367. Triclopyr BEE.
Sec. 107368. Imazapyr.
Sec. 107369. Tetraniliprole.
Sec. 107370. Cyantraniliprole.
Sec. 107371. Chlorantraniliprole.
Sec. 107372. Chlorpyrifos.
Sec. 107373. Technical Cyclaniliprole insecticide.
Sec. 107374. Regorafenib.
Sec. 107375. N-Butyl-TAD.
Sec. 107376. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 107377. 4-Hydroxy-TEMPO.
Sec. 107378. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 107379. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid.
Sec. 107380. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 107381. Picarbutrox.
Sec. 107382. 5-amino-3-(trifluromethyl) picolino­nitrile (T3630).
Sec. 107383. Dextromethorphan hydrobromide.
Sec. 107384. Ipflufenoquin.
Sec. 107385. THQ.
Sec. 107386. Pyrithiobac sodium.
Sec. 107387. Larotrectinib sulfate.
Sec. 107388. Ibrutinib.
Sec. 107389. Orthosulfamuron.
Sec. 107390. 5-Bromopyrimidine.
Sec. 107391. Butylthion.
Sec. 107392. P-1062.
Sec. 107393. Carfentrazone Technical.
Sec. 107394. UV absorber 928.
Sec. 107395. UV absorber for industrial coatings.
Sec. 107396. Uniconazole-P.
Sec. 107397. VcMMAE.
Sec. 107398. UVA 360.
Sec. 107399. Trofinetide.
Sec. 107400. Flurazole.
Sec. 107401. Oxathiapiprolin.
Sec. 107402. Certain antimicrobial.
Sec. 107403. Rubber accelerator.
Sec. 107404. 2-Amino benzothiazole.
Sec. 107405. Technical Isofetamid fungicide.
Sec. 107406. Clomazone Technical.
Sec. 107407. NEM salt.
Sec. 107408. AMTC wet cake.
Sec. 107409. Photoinitiator 369.
Sec. 107410. Isatoic anhydride.
Sec. 107411. Oclacitinib maleate.
Sec. 107412. Thiencarbazone-methyl.
Sec. 107413. Penoxsulam technical herbicide.
Sec. 107414. Ethyl 2-sulfamoylbenzoate.
Sec. 107415. Sulfosulfuron.
Sec. 107416. Pyrimisulfan.
Sec. 107417. Purified steviol glycoside, rebaudioside A.
Sec. 107418. Glucosylated steviol glycosides.
Sec. 107419. Hydroxypropyl gamma cyclodextrin.
Sec. 107420. Hydroxypropylated beta cyclodextrin.
Sec. 107421. Methyl beta cyclodextrin.
Sec. 107422. 2′-Fucosyllactose.
Sec. 107423. Ascorbyl glucoside.
Sec. 107424. Dimethylamine borane (DMAB).
Sec. 107425. Elderberry extract concentrate.
Sec. 107426. Disperse Yellow 241.
Sec. 107427. Disperse Orange.
Sec. 107428. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 107429. Disperse Blue 54.
Sec. 107430. Mixtures of several disperse dyes.
Sec. 107431. Mixtures of 4 disperse blue dyes.
Sec. 107432. Mixtures of 4 dyes.
Sec. 107433. Disperse Red 86.
Sec. 107434. Disperse Violet 1.
Sec. 107435. Disperse Blue 60.
Sec. 107436. Mixtures of Disperse Orange 29, Disperse Red 167:1, and Disperse Blue 56.
Sec. 107437. Disperse Yellow 54.
Sec. 107438. Acid Violet 48.
Sec. 107439. Acid Blue 280.
Sec. 107440. Acid Brown 282.
Sec. 107441. Acid Red 131.
Sec. 107442. Acid Red 249.
Sec. 107443. Acid Yellow 236.
Sec. 107444. Acid Red 407.
Sec. 107445. Acid Yellow 220.
Sec. 107446. Acid Yellow 232.
Sec. 107447. Acid Yellow 235.
Sec. 107448. Acid Yellow 151.
Sec. 107449. Acid Violet 43.
Sec. 107450. Acid Black 52.
Sec. 107451. Acid Black 2.
Sec. 107452. Acid Green 25.
Sec. 107453. Basic Brown 23.
Sec. 107454. Basic Violet 11:1 rhodamine dye.
Sec. 107455. Basic Yellow 37.
Sec. 107456. Basic Violet 3.
Sec. 107457. Direct Orange 118.
Sec. 107458. Direct Blue 86.
Sec. 107459. Direct Blue 199.
Sec. 107460. Direct Black 168.
Sec. 107461. Direct Red 227.
Sec. 107462. Direct Yellow 107.
Sec. 107463. Direct Green 26.
Sec. 107464. Direct Yellow 11.
Sec. 107465. Direct Orange 15.
Sec. 107466. Direct Brown 44.
Sec. 107467. Direct Red 81.
Sec. 107468. Direct Yellow 142.
Sec. 107469. Direct Red 80.
Sec. 107470. Direct Red 16.
Sec. 107471. Direct Red 254.
Sec. 107472. Colorant.
Sec. 107473. Direct Yellow 34.
Sec. 107474. Vat Orange 2 dye powder.
Sec. 107475. Vat Violet 13 dye.
Sec. 107476. Vat Brown 3 dye.
Sec. 107477. Vat Red 10 dye powder.
Sec. 107478. Vat Brown 57 dye.
Sec. 107479. Vat Red 31 dye powder.
Sec. 107480. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 107481. Vat Red 13.
Sec. 107482. Vat Yellow 2 dye powder.
Sec. 107483. Vat Yellow 33 dye.
Sec. 107484. Vat Green 1 dye.
Sec. 107485. Vat Green 3.
Sec. 107486. Vat Blue 6 dye.
Sec. 107487. Vat Blue 20 dye.
Sec. 107488. Vat Violet 1.
Sec. 107489. Vat Brown 1 dye.
Sec. 107490. Vat Black 16 dye.
Sec. 107491. Vat Black 25.
Sec. 107492. Vat Black 27.
Sec. 107493. Reactive Yellow 145.
Sec. 107494. Reactive Red 195.
Sec. 107495. Reactive Blue 49.
Sec. 107496. Reactive Blue 72.
Sec. 107497. Reactive Yellow 95 powder.
Sec. 107498. Reactive Red 245.
Sec. 107499. Reactive Brown 11.
Sec. 107500. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet F01–0439, and Reactive Orange 131.
Sec. 107501. Reactive Yellow F98–0159.
Sec. 107502. Dye mixtures of Reactive Orange 131 and Reactive Scarlet F07–0522.
Sec. 107503. Reactive Black 31.
Sec. 107504. Reactive Red 120.
Sec. 107505. Reactive Blue 5.
Sec. 107506. Reactive Orange 13.
Sec. 107507. Reactive Orange 12.
Sec. 107508. Pigment Red 177.
Sec. 107509. Pigment Yellow 110.
Sec. 107510. Pigment Yellow 147.
Sec. 107511. Pigment Orange 64.
Sec. 107512. Pigment Blue 29.
Sec. 107513. Pigment Violet 15.
Sec. 107514. Pigment Blue 14.
Sec. 107515. Solvent Blue 97.
Sec. 107516. Solvent Green 5.
Sec. 107517. Solvent Yellow 98.
Sec. 107518. Solvent Green 7.
Sec. 107519. Solvent Red 195.
Sec. 107520. Solvent Orange 115.
Sec. 107521. Specialty dyes.
Sec. 107522. Solvent Green 3.
Sec. 107523. Solvent Blue 36.
Sec. 107524. Mixtures of Solvent Green 3.
Sec. 107525. Solvent Red 52.
Sec. 107526. Solvent Red 149.
Sec. 107527. Solvent Red 207.
Sec. 107528. Solvent Violet 14.
Sec. 107529. Solvent Yellow 179.
Sec. 107530. Solvent Yellow 131.
Sec. 107531. Hogen Blue XB-20.
Sec. 107532. Solvent Yellow 104.
Sec. 107533. Combination of Fluorescent Brighteners 367 and 371.
Sec. 107534. Fluorescent Brightener CBS-X.
Sec. 107535. Optical Brightener SWN.
Sec. 107536. C.I. Fluorescent Brightener 199:1.
Sec. 107537. Fluorescent Brightener 368.
Sec. 107538. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 107539. Certain manufacturing inputs.
Sec. 107540. Cerium sulfide pigments.
Sec. 107541. Matte pearlescent pigments.
Sec. 107542. Angle-dependent interference pigments.
Sec. 107543. Inorganic Lumilux.
Sec. 107544. Ribbon/Matrix Resin.
Sec. 107545. Bonding agent 2005.
Sec. 107546. Fluoropolymer resin.
Sec. 107547. Zirconium 12 paint drier.
Sec. 107548. Zirconium 24 paint drier.
Sec. 107549. Drier accelerators.
Sec. 107550. Lemon oil.
Sec. 107551. Sulfonic acids, C14–17-sec-alkane, sodium salt.
Sec. 107552. Potassium ethyl octylphosphonate.
Sec. 107553. Intermediate in the production of industrial lubricants.
Sec. 107554. Polyether dispersant.
Sec. 107555. D-Glucopyranose.
Sec. 107556. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 107557. Mixtures of certain C12–14-alkyl ethers.
Sec. 107558. Manufacturing chemical.
Sec. 107559. Nonionic surfactant.
Sec. 107560. Chemical used in textile manufacturing.
Sec. 107561. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 107562. Sodium polycarboxylate, aqueous solution.
Sec. 107563. Aqueous emulsion of a mixture of amine soaps and miscellaneous other additives.
Sec. 107564. Aqueous dispersion of a mixture of fatty amine and amide soaps and miscellaneous other additives.
Sec. 107565. Aqueous dispersion of a mixture of fatty amine and amide soaps and miscellaneous other additives.
Sec. 107566. Photographic gelatin.
Sec. 107567. Ice fountains (class 1.4G).
Sec. 107568. Magic candles containing magnesium powder.
Sec. 107569. Party snappers (Class 1.4G).
Sec. 107570. Fenpyroximate 5SC.
Sec. 107571. Pyrifluquinazon 20SC.
Sec. 107572. Imidacloprid and Muscalure formulations.
Sec. 107573. Formulations of acephate and bifenthrin.
Sec. 107574. Fipronil.
Sec. 107575. Aluminum phosphide.
Sec. 107576. Magnaphos formulations.
Sec. 107577. Formulated oxamyl.
Sec. 107578. Formulated fungicides.
Sec. 107579. Certain fungicides.
Sec. 107580. Prothioconazole, Fluopyram, and Trifloxystrobin fungicides.
Sec. 107581. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 107582. Mancozeb and Chlorothalonil formulations.
Sec. 107583. Mixtures of Picarbutrox and application adjuvants.
Sec. 107584. Mixtures of Tetraconazole and application adjuvants.
Sec. 107585. Mancozeb and Azoxystrobin formulations.
Sec. 107586. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 107587. Microthiol formulations.
Sec. 107588. Formulations of thiencarbazone-methyl, Iodosulfuron-methyl-sodium, and dicamba.
Sec. 107589. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione herbicides.
Sec. 107590. Herbicides used on grasses.
Sec. 107591. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide herbicides.
Sec. 107592. Thiencarbazone-methyl and Iodosulfuron-methylsodium herbicides.
Sec. 107593. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 107594. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107595. Tribenuron-methyl formulations.
Sec. 107596. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 107597. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 107598. Aciflurofen formulations.
Sec. 107599. S-Metolachlor and Mestrione herbicides.
Sec. 107600. Metribuzin formulations.
Sec. 107601. Pendimethaline and Metribuzine formulations.
Sec. 107602. Formulations of S-Metolachlor and Metribuzin.
Sec. 107603. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107604. Metsulfuron-methyl formulations.
Sec. 107605. Chlorimuron-ethyl formulations.
Sec. 107606. Mixtures of Bromoxynil octanoate and Bromoxynil heptanoate.
Sec. 107607. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 107608. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 107609. Formulations containing Tiafenacil.
Sec. 107610. Diuron 80.
Sec. 107611. Flazasulfuron herbicides.
Sec. 107612. Thifensulfuron-methyl formulations.
Sec. 107613. Herbicide for farm and ranch use.
Sec. 107614. Propanil formulations.
Sec. 107615. Thifensulfuron formulations.
Sec. 107616. Tolpyralate and Nicosulfuron herbicides.
Sec. 107617. Mixtures of magnesium salts and application adjuvants.
Sec. 107618. Nisin formulations.
Sec. 107619. Certain fixatives.
Sec. 107620. Fuel oil additives: cold flow improvers containing poly(ethylene-co-ethenyl acetate).
Sec. 107621. Fuel oil additives: cold flow improvers containing fumarate vinyl acetate co-polymer.
Sec. 107622. Crude oil additives: cold flow improvers containing fumarate vinyl acetate copolymer.
Sec. 107623. Pour point depressants.
Sec. 107624. Fuel oil additives: cold flow improvers containing poly (ethylene-co-ethenyl acetate and vinyl 2-ethyl hexanoate).
Sec. 107625. Poly(isobutylene) hydroformylation products.
Sec. 107626. Input for rubber products.
Sec. 107627. Mixtures of oligomers as general antioxidants for rubber tires.
Sec. 107628. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-, homopolymer.
Sec. 107629. Aromatic amine antioxidants.
Sec. 107630. Antioxidant blends.
Sec. 107631. Antioxidant blends to protect polymers.
Sec. 107632. Synthetic hydrotalcite coated with fatty acid and magnesium stearate.
Sec. 107633. Silica scorch retarders and polymerization inhibitors.
Sec. 107634. Synthetic hydrotalcite.
Sec. 107635. Light stabilizers for construction products.
Sec. 107636. Light stabilizer for plastics.
Sec. 107637. Preparations of bis(2,4–dichlorobenzoyl) peroxide 50 percent paste.
Sec. 107638. Distilled tall oils.
Sec. 107639. Pyridine, alkyl derivatives.
Sec. 107640. Polyisocyanate crosslinking agents.
Sec. 107641. Bonding agent mixtures.
Sec. 107642. Liquid, chemically modified amine complex of boron trifluoride.
Sec. 107643. Phthalocyanine derivative.
Sec. 107644. Mixtures of Cocamidopropyl betaine, glycol distearate, Laureth-4, and water.
Sec. 107645. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 107646. Tallow-bis(2-hydroxyethyl) amines.
Sec. 107647. Additive mixtures for metalworking fluids.
Sec. 107648. Naphthenic acids.
Sec. 107649. Hydroxytyrosol powders.
Sec. 107650. Secondary alcohol ethoxylates.
Sec. 107651. Ethylene glycol dimerate.
Sec. 107652. Two-part liquid silicone kits.
Sec. 107653. Hydrophobic precipitated silica.
Sec. 107654. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 107655. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products.
Sec. 107656. Waterborne epoxy curing agents.
Sec. 107657. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 107658. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-ethyl dithiocarbonate.
Sec. 107659. Epoxy curing agents.
Sec. 107660. Aliphatic amine curing agents.
Sec. 107661. Non-halogenated flame retardants.
Sec. 107662. Ligaphob N 90.
Sec. 107663. Organomodified siloxane.
Sec. 107664. Methyl palmitate-stearate, hydrogenated.
Sec. 107665. Olfine E1010.
Sec. 107666. Certain non-halogenated flame retardants.
Sec. 107667. Flame retardants.
Sec. 107668. Preparations based on acetyl hexapeptide-8 and pentapeptide-18.
Sec. 107669. Lithium silicon oxide.
Sec. 107670. Branched olefin from propylene polymerization.
Sec. 107671. Polypropylene pellets.
Sec. 107672. Propylene-ethylene copolymer.
Sec. 107673. Ethylene-propylene copolymers.
Sec. 107674. Benzene alkylated with polypropylene.
Sec. 107675. Chlorinated polyolefin.
Sec. 107676. Adsorbent resin.
Sec. 107677. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 107678. Vinyl chloride ethylene copolymer with hydrophic properties.
Sec. 107679. Fluids with boiling points above 170 °C.
Sec. 107680. Formulations of functionalized perfluoropolyether.
Sec. 107681. Perfluoropolyether-urethane acrylate.
Sec. 107682. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 107683. Chemically modified PVDF.
Sec. 107684. Fluoropolymer, fluoroethylene-alkyl vinylether alternative copolymers.
Sec. 107685. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 107686. Food-grade vinyl acetate copolymer.
Sec. 107687. Vinyl chloride ethylene with enhanced properties.
Sec. 107688. Vinyl acetate ethylene copolymer with enhanced properties.
Sec. 107689. Food-grade polyvinyl acetate homopolymers.
Sec. 107690. Acrylic acid/vinylsulphonate random copolymers.
Sec. 107691. Poly(methyl methacrylate) microspheres.
Sec. 107692. Methyl methacrylate crosspolymer microspheres.
Sec. 107693. Styrene acrylate copolymer with enhanced properties.
Sec. 107694. Copolymer for dental use.
Sec. 107695. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent solution in water.
Sec. 107696. Polyacrylate 33.
Sec. 107697. AA/AMPS copolymer.
Sec. 107698. Flocculant dry polyacrylamides.
Sec. 107699. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 107700. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 107701. Dimethoxy(methyl)silylmethylcarbamate-terminated polyether.
Sec. 107702. Curing agent is used in two- or three-parts epoxy systems.
Sec. 107703. Polyethylene glycol 450.
Sec. 107704. Medicinal intermediate for investigational use.
Sec. 107705. Aqueous solutions of carboxylic acid-copolymer-salt in water.
Sec. 107706. Aqueous solutions of a modified polymer bearing hydrophilic and hydrophobic groups.
Sec. 107707. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 107708. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 107709. Short hollow PET fibers.
Sec. 107710. Polytetrahydrofuran.
Sec. 107711. Crystalline polyesters.
Sec. 107712. Liquid crystal polymers.
Sec. 107713. Branched polyesters.
Sec. 107714. High molecular weight co-polyester.
Sec. 107715. High molecular weight co-polyester.
Sec. 107716. Polyester-polyamide dispersants.
Sec. 107717. Nylon-12 micro-spheres.
Sec. 107718. Short nylon-66 fibers.
Sec. 107719. Short nylon 6 fibers, colored.
Sec. 107720. Short triangular nylon 6 fibers.
Sec. 107721. Short star-shaped nylon 6 fibers.
Sec. 107722. Short heart-shaped nylon 6 fibers.
Sec. 107723. PA510 polymer compounds.
Sec. 107724. MXD6 polymer compounds.
Sec. 107725. PA10T polymer compounds.
Sec. 107726. PA10T/10I polymer compounds.
Sec. 107727. Polyurethane aqueous resins.
Sec. 107728. Aqueous resin.
Sec. 107729. Aliphatic polyisocyanate.
Sec. 107730. IPDI and HDI based aliphatic polyisocyanate.
Sec. 107731. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 107732. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 107733. Aromatic isocyanate prepolymer.
Sec. 107734. Blocked polyisocyanate containing solvent.
Sec. 107735. Polyisocyanate adduct for powder coatings.
Sec. 107736. Blocked polyisocyanate for use in can and coil applications.
Sec. 107737. Polydimethylsiloxane.
Sec. 107738. Silicone resins.
Sec. 107739. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 107740. Hydrogenpolysiloxane.
Sec. 107741. Methyl silicone resins.
Sec. 107742. Epoxy functional polydimethylsiloxane.
Sec. 107743. Polymethylhydrogensiloxane.
Sec. 107744. Vinyl terminated siloxanes.
Sec. 107745. Silicone hybrid resin (solvent free).
Sec. 107746. Hydrogenated polycyclopentadiene resin.
Sec. 107747. Water dispersable HDI based polyisocyanate.
Sec. 107748. Cyanate ester resins for high-end electronic, aerospace, and industrial applications.
Sec. 107749. Polyethyleneimine, component used in manufacturing medical devices.
Sec. 107750. Polyhexanide.
Sec. 107751. Ethylene-norbornene copolymer.
Sec. 107752. Cellulose powder.
Sec. 107753. Polymaltotriose.
Sec. 107754. Chitosan.
Sec. 107755. Plastic drinking straws.
Sec. 107756. Garden hoses.
Sec. 107757. Plastic fittings of perfluoroalkoxy.
Sec. 107758. Low density polyethylene (LDPE) sheeting.
Sec. 107759. Biaxially oriented dielectric polypropylene film.
Sec. 107760. Biaxially oriented polypropylene (BOPP) capacitor-grade film.
Sec. 107761. Polyester capacitor-grade film.
Sec. 107762. Acid form membranes.
Sec. 107763. Melamine resin foam.
Sec. 107764. Infant bathtubs and basins, of plastics.
Sec. 107765. Boxes, cases, crates, and similar articles of plastics.
Sec. 107766. Nozzles, black, of polypropylene.
Sec. 107767. Tip/cap combinations of polyethylene.
Sec. 107768. Bottles made of LDPE.
Sec. 107769. Plastic nasal irrigator caps for neti pots.
Sec. 107770. Toy character bottle toppers.
Sec. 107771. Melamine platters, other than those presented in sets.
Sec. 107772. Melamine plates, other than those presented in sets.
Sec. 107773. Melamine bowls not presented in sets.
Sec. 107774. Melamine trays not presented in sets.
Sec. 107775. Plastic measuring cups and spoons in sets.
Sec. 107776. Liquid measuring cups.
Sec. 107777. Self-anchoring beverage containers.
Sec. 107778. PVC infant bathtub mats.
Sec. 107779. Reversible playmats.
Sec. 107780. Hangers.
Sec. 107781. Infant bath rinsing cups.
Sec. 107782. Bathtub spout covers.
Sec. 107783. Infant teethers.
Sec. 107784. Lighted dog fetch toys.
Sec. 107785. Certain thermoplastic nylon 3-gang switch wallplates.
Sec. 107786. Manual plastic disposable cutlery dispensers.
Sec. 107787. Ear bulb syringes of clear silicone.
Sec. 107788. PVC inflatable pillows.
Sec. 107789. Self-inflatable queen air mattresses.
Sec. 107790. Plastic clip fasteners.
Sec. 107791. Self-venting spouts for diesel exhaust fluid.
Sec. 107792. Plastic pet carriers.
Sec. 107793. Plastic mixing tips.
Sec. 107794. Cable ties of plastics.
Sec. 107795. Flexible camera mountings.
Sec. 107796. Three-piece camera mount sets.
Sec. 107797. Magnetic swivel clips for cameras.
Sec. 107798. Helmet camera mounts.
Sec. 107799. Short extension poles for use with cameras.
Sec. 107800. Long extension poles for cameras.
Sec. 107801. Swivel mounts for cameras.
Sec. 107802. Tripod camera mounts.
Sec. 107803. Bulk hydraulic hoses.
Sec. 107804. Brake hydraulic hoses.
Sec. 107805. Bulk fabric/metal-reinforced rubber hoses.
Sec. 107806. Disposable gloves.
Sec. 107807. Reusable gloves.
Sec. 107808. Dog and cat apparel.
Sec. 107809. Polycarbonate vanity cases.
Sec. 107810. Aluminum vanity cases.
Sec. 107811. Suitcases with outer surface of aluminum with built-in zipper locks.
Sec. 107812. Laminated recycled reusable shopping tote bags.
Sec. 107813. Reusable shopping style tote bags.
Sec. 107814. Waterproof tote bags.
Sec. 107815. Waterproof duffle bags.
Sec. 107816. Waterproof zippered bags, without handles, of plastic sheeting.
Sec. 107817. Waterproof backpacks.
Sec. 107818. Waterproof waist packs.
Sec. 107819. Guitar cases.
Sec. 107820. Jewelry boxes.
Sec. 107821. Silicone rubber camera cases with straps.
Sec. 107822. Leather gloves with flip mitts for hunting.
Sec. 107823. Men's leather gloves valued at $18 or more per pair.
Sec. 107824. Belts of calf skin.
Sec. 107825. Bamboo engineered flooring: 12.5–12.9 mm thick.
Sec. 107826. Bamboo engineered flooring: 14.1–14.5 mm thick.
Sec. 107827. Bamboo engineered flooring: 15.7–16.1 mm thick.
Sec. 107828. Strand bamboo flooring: 12.5–12.9 mm thick.
Sec. 107829. Strand bamboo flooring: 14.1–14.5 mm thick.
Sec. 107830. Strand bamboo flooring: 10.9–11.3 mm thick.
Sec. 107831. Chopsticks made of bamboo.
Sec. 107832. Drying racks of wood.
Sec. 107833. Bamboo skewers.
Sec. 107834. Wood blinds with louvered slats.
Sec. 107835. 100 percent cotton woven crimped unbleached fabric.
Sec. 107836. Woven fabrics of cotton, containing 85 percent or more by weight of cotton, not more than 200 grams per square meter.
Sec. 107837. 100 percent cotton woven bleached fabric pieces, open weave.
Sec. 107838. Incontinence underpad fabrics of cotton.
Sec. 107839. Woven fabrics of cotton with an average yarn number between 55 and 60.
Sec. 107840. Woven fabric of cotton of yarn number 69 or higher.
Sec. 107841. Woven fabrics of cotton with an average yarn number exceeding 68.
Sec. 107842. Incontinence underpad fabrics, cotton, plain weave, of yarn number 42 or lower.
Sec. 107843. Incontinence underpad fabrics, cotton, plain weave, of yarn number between 43 and 68.
Sec. 107844. Incontinence underpad fabrics, bleached.
Sec. 107845. Incontinence underpad fabrics, printed.
Sec. 107846. Untwisted filament polyvinyl alcohol yarn, measuring 1,100 to 1,330 decitex.
Sec. 107847. Untwisted filament polyvinyl alcohol yarn.
Sec. 107848. Polypropylene (PP) monofilament.
Sec. 107849. Acrylic fiber tow with an average decitex of 0.9.
Sec. 107850. Black polyester bi-component fibers.
Sec. 107851. Acrylic staple fibers with an average decitex of 2.2, fiber length of 100 mm.
Sec. 107852. Modacrylic staple fibers not processed for spinning.
Sec. 107853. Short polypropylene fibers.
Sec. 107854. Polyoxadiazole fibers.
Sec. 107855. Artificial staple fibers of viscose rayon, 38–42 mm in length.
Sec. 107856. Artificial fibers of viscose rayon for the manufacture of feminine hygiene products.
Sec. 107857. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 107858. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 107859. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 107860. Other flame retardant rayon fibers.
Sec. 107861. Cellulosic man-made viscose rayon staple fibers, measuring 1.3–1.5 decitex.
Sec. 107862. Viscose rayon staple fibers, measuring 1.5–1.67 decitex, with a fiber length of 38–42 mm.
Sec. 107863. Cellulosic man-made viscose rayon staple fibers, measuring 1.67–2 decitex.
Sec. 107864. Viscose rayon staple fibers, measuring 1–2 decitex, with a fiber length of 4–8 mm.
Sec. 107865. Viscose staple fibers used in textile, medical, or hygiene applications.
Sec. 107866. Viscose rayon staple fibers, measuring 1.51–2 decitex, with a fiber length of 8–16 mm.
Sec. 107867. Viscose rayon staple fibers, measuring 1–1.5 decitex, with a fiber length of 8–16 mm.
Sec. 107868. Flame retardant viscose rayon staple fibers, with a decitex of 4.7 mm and a fiber length of 51–60 mm.
Sec. 107869. Viscose rayon staple fibers for nonwoven production.
Sec. 107870. Black viscose rayon staple fibers.
Sec. 107871. Acrylic or modacrylic staple fibers with a decitex of 3–5.6.
Sec. 107872. Made up hand-cast string-drawn fishing nets.
Sec. 107873. Knitted carpets containing 75 percent or more of cotton, with a rubber backing.
Sec. 107874. Knitted carpets containing 75 percent or more by weight of polyester, with a rubber backing.
Sec. 107875. Faux leather fabrics.
Sec. 107876. Grass catcher bags.
Sec. 107877. Oxygenation membrane capillary material.
Sec. 107878. Textile knitted fabrics composed of micromodal and elastane.
Sec. 107879. Textile technical knitted fabrics combining technical cotton and elastane.
Sec. 107880. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 107881. Women’s and girls' dresses, knitted or crocheted, of synthetic fibers infused with minerals.
Sec. 107882. Women’s and girls' skirts and divided skirts of synthetic fibers infused with minerals.
Sec. 107883. Women's and girls' knit cardigans or pullovers containing 70 percent or more of silk.
Sec. 107884. Men's and boys' knit cardigans or pullovers of linen.
Sec. 107885. Babies' knit sweaters, pullovers, sweatshirts, waistcoats (vests), and cardigans, of artificial fibers.
Sec. 107886. Women’s and girls' tops, knitted or crocheted, of man-made fibers infused with minerals.
Sec. 107887. Men’s and boy’s tops, knitted or crocheted, of man-made fibers infused with minerals.
Sec. 107888. Men's 3 mm wetsuits.
Sec. 107889. Men's 5.5 and 6.5 mm wetsuits.
Sec. 107890. Men's 3.5 mm wetsuits.
Sec. 107891. Men's 4.5 mm wetsuits.
Sec. 107892. Women's 3 mm wetsuits.
Sec. 107893. Women's 3.5 mm wetsuits.
Sec. 107894. Women's 4.5 mm wetsuits.
Sec. 107895. Women's 5.5 and 6.5 mm wetsuits.
Sec. 107896. Insulated handmuffs of knit polyester.
Sec. 107897. Men's stockingfoot wader bottom subassemblies, of compressed neoprene.
Sec. 107898. Men's stockingfoot wader bottom subassemblies, of non-compressed neoprene.
Sec. 107899. Fishing wader pocket pouch assemblies.
Sec. 107900. Martial arts uniforms.
Sec. 107901. Women's or girls' linen woven blouses, shirts and shirt-blouses, and sleeveless tank styles.
Sec. 107902. Women's or girls' linen woven washsuits, sunsuits, or one-piece playsuits.
Sec. 107903. Women's or girls' linen woven coveralls or jumpsuits.
Sec. 107904. Women's shawls and similar goods, 100 percent silk.
Sec. 107905. Winter cycling gloves.
Sec. 107906. Lock pocket tents.
Sec. 107907. Dark room tents.
Sec. 107908. Bi-component microfiber tube mop refills.
Sec. 107909. Microfiber duster refills.
Sec. 107910. RFID mop pads.
Sec. 107911. Microfiber cleaning cloths.
Sec. 107912. Microfiber mop pads.
Sec. 107913. Golf bag body flats.
Sec. 107914. Bathtub elbow rests.
Sec. 107915. Door swings.
Sec. 107916. Under bed restraints.
Sec. 107917. Bath kneeler.
Sec. 107918. Two-piece camera mount kits.
Sec. 107919. Sleeve covers.
Sec. 107920. Men’s cycling shoes valued over $18 per pair.
Sec. 107921. Women’s cycling shoes valued over $16 per pair.
Sec. 107922. Men's golf shoes with outers and uppers of rubber or plastics, valued over $20 per pair.
Sec. 107923. Golf shoes other than for men, with outers and uppers of rubber or plastics, valued over $20 per pair.
Sec. 107924. Winter cycling boots for men.
Sec. 107925. Winter cycling boots for women.
Sec. 107926. Children's footwear valued over $15 per pair.
Sec. 107927. Women's protective active footwear, valued over $25 per pair, 15.35–25.4 cm in height.
Sec. 107928. Cheer shoes covering the ankle.
Sec. 107929. Sideline cheer shoes.
Sec. 107930. Men's athletic footwear, valued under $9 per pair.
Sec. 107931. Athletic footwear for women, valued not over $9 per pair.
Sec. 107932. Athletic footwear for children, valued not over $8 per pair.
Sec. 107933. Men's golf shoes, with outer soles and uppers of rubber or plastics, not covering the ankle, valued $15 per pair or over.
Sec. 107934. Golf shoes other than for men, with outer soles and uppers of rubber or plastics, not covering the ankle, valued $15 per pair or over.
Sec. 107935. Men's rubber/plastic footwear, valued not over $5 per pair.
Sec. 107936. Women's rubber/plastic footwear, valued not over $6 per pair.
Sec. 107937. Cheer shoes with sole less than 12 mm.
Sec. 107938. Men's golf shoes with outers and uppers of rubber or plastics, valued over $19 per pair.
Sec. 107939. Golf shoes other than for men, outer soles and uppers of rubber or plastics, valued over $19 per pair.
Sec. 107940. Men's golf shoes, outer soles of rubber, plastics, leather or composition leather and uppers of leather (except pigskin uppers).
Sec. 107941. Women’s leather footwear, lined with pigskin with zipper, valued $47–$60 per pair.
Sec. 107942. Women's leather footwear, lined with pigskin, valued $31–$40 per pair.
Sec. 107943. Women's slip-on cow/calf hair footwear, valued $50–$60 per pair.
Sec. 107944. Women’s leather footwear lined with sheepskin.
Sec. 107945. Women’s leather slip-on footwear lined with sheep leather.
Sec. 107946. Women's leather slip-on footwear lined with pigskin.
Sec. 107947. Women's leather footwear, lined with pigskin, valued $21–$27 per pair.
Sec. 107948. Women's footwear with leather uppers, lined with pigskin, closed toe or heel with functional zippers on sides.
Sec. 107949. Women's footwear with leather uppers, lined with pigskin with adjustable laces.
Sec. 107950. Competitive cheer shoes with leather uppers.
Sec. 107951. Women's footwear with leather uppers, with strap and buckle, valued $27–$40 per pair.
Sec. 107952. Children's leather upper athletic footwear, valued not over $9 per pair.
Sec. 107953. Men's athletic type footwear with uppers of textile materials of vegetable fibers and outer soles of rubber or plastic with textile flocking.
Sec. 107954. Athletic footwear for men, with a bellows tongue, valued over $6.50 but not over $12 per pair.
Sec. 107955. Athletic footwear for women, with a bellows tongue, valued over $6.50 but not over $12 per pair.
Sec. 107956. Athletic footwear for children, bellows tongue, valued over $6.50 but not over $12 per pair.
Sec. 107957. Athletic footwear for men, valued over $6.50 but not over $9 per pair.
Sec. 107958. Athletic footwear for children, valued over $6.50 but not over $9 per pair.
Sec. 107959. Cheer shoes with uppers of textile materials.
Sec. 107960. Women's footwear with textile uppers and 50 percent or more of the surface area of which is leather.
Sec. 107961. Women's footwear with textile uppers, open toes or heels, valued $15–$30 per pair.
Sec. 107962. Men's textile upper footwear, with open toes or open heels, valued not over $12 per pair.
Sec. 107963. Women's textile upper footwear, with open toes or open heels, valued not over $12 per pair.
Sec. 107964. Children's textile upper footwear, with open toes or open heels, valued not over $12 per pair.
Sec. 107965. Oxford-style work footwear with steel safety toe and static dissipating protection.
Sec. 107966. Oxford footwear with textile uppers and composite toe, valued over $20 per pair.
Sec. 107967. Men's mid-cut footwear with a textile upper and a protective toe cap.
Sec. 107968. Women's footwear with leather soles and textile uppers, open toes or heels, valued $12–$24 per pair.
Sec. 107969. Footwear for women valued over $20 but not over $24 per pair.
Sec. 107970. Women's footwear with leather soles and textile uppers, valued $15–$20 per pair.
Sec. 107971. Women's footwear with leather soles and textile uppers, valued $20–$25 per pair.
Sec. 107972. Women's footwear with cork soles and textile uppers.
Sec. 107973. Men's footwear with felt soles, not covering the ankle, valued $20 per pair or higher.
Sec. 107974. Women's and girls' footwear with cork uppers, valued less than $25 per pair.
Sec. 107975. Women's footwear with cow/calf hair uppers, valued $35–$40 per pair, covering the ankle.
Sec. 107976. Women's footwear with cow/calf hair uppers, valued $35–$40 per pair, not covering the ankle.
Sec. 107977. Women's footwear with cow/calf hair uppers, valued $19–$25 per pair.
Sec. 107978. Women's footwear with cow/calf hair uppers, valued $50–$55 per pair.
Sec. 107979. Women's footwear, leather soles and rubber/plastic uppers, valued $16–$18 per pair.
Sec. 107980. Women's footwear with cow/calf hair uppers, valued $19–$34 per pair.
Sec. 107981. Footwear for women, valued over $50 but not over $60 per pair.
Sec. 107982. Calf hair upper footwear.
Sec. 107983. Gaiters of man-made fibers.
Sec. 107984. Hats of vegetable fibers.
Sec. 107985. Hairnets.
Sec. 107986. Cotton knit hats, valued $8 or less.
Sec. 107987. Babies' woven cotton hats.
Sec. 107988. Hats of man-made fiber, valued $5–$25.
Sec. 107989. Waterproof and insulated hats with ear flaps, valued over $15.
Sec. 107990. Fishing wading staffs.
Sec. 107991. Plastic plants for aquariums, not glued or bound.
Sec. 107992. Natural stone ledger tile of sandstone.
Sec. 107993. Marble mosaic and pebble tiles.
Sec. 107994. Natural stone limestone tiles.
Sec. 107995. Natural stone marble tiles.
Sec. 107996. Waterjet natural stone mosaic tile.
Sec. 107997. Marble entertaining and serveware.
Sec. 107998. Articles of marble for kitchen and dining room.
Sec. 107999. Natural stone ledger tiles of travertine.
Sec. 108000. Travertine decorative tile.
Sec. 108001. Limestone decorative tiles.
Sec. 108002. Blank, embossed, and printed stoneware coaster disks and trivets.
Sec. 108003. Rolled green glass sheets.
Sec. 108004. Framed rear-view mirrors.
Sec. 108005. Wall mirrors, unframed.
Sec. 108006. Wall mirrors, framed.
Sec. 108007. Stemware (crystalline) drinking glasses valued over $0.30 but not over $3 each, other than those presented in sets.
Sec. 108008. Double-walled insulated glass tumblers.
Sec. 108009. Diamond-shaped stemmed wine glasses.
Sec. 108010. Twisted-center stemless wine glass.
Sec. 108011. Crystalline drinking glasses, without stems, not in sets.
Sec. 108012. Double-walled insulated glass bowls.
Sec. 108013. Leaf-shaped glass decanters.
Sec. 108014. Set of four appetizer plates made of glass with steel caddy holder, valued at $2 each.
Sec. 108015. Spice rack with glass jars and wooden lids valued not over $3 each.
Sec. 108016. Glass lens blanks for infrared applications.
Sec. 108017. Hair accessories of glass beads, imitation pearls, and imitation stones, valued less than $7.
Sec. 108018. Filter bags with acid-resistant coating, of woven fiberglass laminated to ePTFE, weighing at least 325 g/m^2 but not over 350 g/m^2.
Sec. 108019. Fiberglass replacement wicks for outdoor garden torch.
Sec. 108020. Filter bags of woven fiberglass fabric laminated to an ePTFE, with a polytetrafluoroethylene coated backing, not acid resistant, weighing at least 721 g/m^2 but not over 771 g/m^2.
Sec. 108021. Silver catalyst.
Sec. 108022. Silver round blanks.
Sec. 108023. Ferroboron alloy.
Sec. 108024. Cast iron nonmalleable threaded main body combo castings for residential fuel oil tanks.
Sec. 108025. Cast iron nonmalleable threaded vent caps for residential fuel oil tanks.
Sec. 108026. Cast iron nonmalleable threaded bushings for residential fuel oil tanks.
Sec. 108027. Cast iron nonmalleable threaded tank adapters for residential fuel oil tanks.
Sec. 108028. Cast iron nonmalleable threaded fill alarm main body for residential fuel oil tanks.
Sec. 108029. Cast iron nonmalleable threaded fill box caps for residential fuel oil tanks.
Sec. 108030. Cast iron nonmalleable threaded leg flanges for residential fuel oil tanks.
Sec. 108031. Portable gas cooking stoves.
Sec. 108032. Portable outdoor cookers.
Sec. 108033. Self-anchored beverage containers.
Sec. 108034. Stainless steel handmade kitchen sinks.
Sec. 108035. Loose frame baskets.
Sec. 108036. Two-story fire escape ladders.
Sec. 108037. Three-story fire escape ladders.
Sec. 108038. Work support stands of steel.
Sec. 108039. Locking fixtures of iron or steel.
Sec. 108040. Stainless steel phone handle-and-stand accessories.
Sec. 108041. Circular and S-shaped stainless steel carabiners.
Sec. 108042. Pieces of refined unwrought copper cathode 99.9999 percent pure.
Sec. 108043. Ultra-thin and wide-width aluminum foil.
Sec. 108044. Etched capacitor aluminum foil of a thickness 0.018–0.126 mm.
Sec. 108045. Stove top coffee makers.
Sec. 108046. Aluminum shower caddies.
Sec. 108047. Step stools of aluminum.
Sec. 108048. Aluminum ladders.
Sec. 108049. Circular and S-shaped aluminum carabiners.
Sec. 108050. Stationary sprinklers of zinc.
Sec. 108051. Tungsten waste and scrap.
Sec. 108052. Cobalt alloys.
Sec. 108053. Certain gallium (Ga).
Sec. 108054. Niobium (columbium) rings no thicker than 20 mm.
Sec. 108055. Tungsten secondary raw material.
Sec. 108056. Gear-driven bolt cutters and pipe cutters.
Sec. 108057. Rotary cutters.
Sec. 108058. Food graters.
Sec. 108059. Hand tools for applying plastic clip fasteners to garments.
Sec. 108060. Steel workstations with vises adjustable by foot pedal.
Sec. 108061. Fixed carbide cutter and roller cone drill bits.
Sec. 108062. Rotary food graters.
Sec. 108063. Coffee presses.
Sec. 108064. Vacuum insulated coffee servers with a brew-through lid.
Sec. 108065. Vacuum insulated coffee servers with no lid.
Sec. 108066. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 108067. Commercial vacuum insulated coffee servers with sight gauge.
Sec. 108068. Commercial vacuum insulated coffee servers with plastic base.
Sec. 108069. Commercial vacuum insulated coffee servers with plastic base and stand.
Sec. 108070. Craft knives with fixed pen-like or retractable blades.
Sec. 108071. Craft knives.
Sec. 108072. Blades for craft knives with non-fixed blades.
Sec. 108073. Ergonomic pinking shears.
Sec. 108074. Spring-action scissors.
Sec. 108075. Electronic locks for lockers.
Sec. 108076. Luggage locks of base metal, packaged for retail sale.
Sec. 108077. Key-operated door handles, push-pull-rotate.
Sec. 108078. Vent mounted magnetic mobile phone holder for automobiles.
Sec. 108079. Dash mounted magnetic mobile phone holder for automobiles.
Sec. 108080. Windshield mounted magnetic mobile phone holder for automobiles.
Sec. 108081. Steel latches with plastic plungers.
Sec. 108082. Non-key-operated door handles.
Sec. 108083. Curtain rings.
Sec. 108084. Brackets.
Sec. 108085. Curtain rods.
Sec. 108086. Curtain rod hardware.
Sec. 108087. Curtain tiebacks.
Sec. 108088. Curtain rod finials.
Sec. 108089. Curved shower rods.
Sec. 108090. Shower hooks and rings.
Sec. 108091. Straight shower rods.
Sec. 108092. Steel window rods.
Sec. 108093. Antitheft steel cases with digital locks.
Sec. 108094. Stainless steel hose kits.
Sec. 108095. Stainless steel hoses.
Sec. 108096. Wrist watch strap buckles not over 18 mm.
Sec. 108097. Wrist watch strap buckles over 18 mm.
Sec. 108098. Used cylinder heads.
Sec. 108099. Cylinder heads used solely or principally with certain engines.
Sec. 108100. Engine blocks.
Sec. 108101. Swirler assemblies for turbines.
Sec. 108102. Barrels for fuel mixing.
Sec. 108103. Injector assemblies for certain turbines.
Sec. 108104. Stem assemblies for certain turbines.
Sec. 108105. Tip assemblies for non-gas turbines.
Sec. 108106. High pressure fuel pumps.
Sec. 108107. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 108108. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 108109. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 108110. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 108111. Turbomolecular vacuum pumps.
Sec. 108112. Rotary vane vacuum pumps valued over $500 each.
Sec. 108113. Vacuum diffusion pumps valued over $900 each.
Sec. 108114. Hand- or foot-operated air pumps.
Sec. 108115. Roof vent fans.
Sec. 108116. 12-Amp corded electric leaf blowers.
Sec. 108117. Cordless battery powered leaf blowers not exceeding 20 volts.
Sec. 108118. Cordless battery powered leaf blowers between 20 and 60 V.
Sec. 108119. Fan assemblies for cab climate systems.
Sec. 108120. Aquarium air pumps.
Sec. 108121. Heat pumps for residential use.
Sec. 108122. Heat pumps (outdoor units) for split air conditioner systems.
Sec. 108123. High-wall indoor units.
Sec. 108124. Single-zone outdoor units.
Sec. 108125. Mini heat pumps for split air conditioner systems.
Sec. 108126. Multi-zone outdoor unit ductless systems.
Sec. 108127. Indoor units of split air conditioner systems.
Sec. 108128. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 108129. Single-phase heat pump.
Sec. 108130. Steel vacuum pitchers with plastic hinged lid.
Sec. 108131. Oil filters.
Sec. 108132. Battery powered nasal irrigators.
Sec. 108133. Struts to absorb vibration.
Sec. 108134. Table saws (25.4 cm.), operable corded and cordless.
Sec. 108135. Sliding miter saws (25.4 cm) with laser, corded and cordless.
Sec. 108136. Electromechanical rotary hammers, corded and cordless.
Sec. 108137. Electromechanical hammer impact drivers, corded and cordless.
Sec. 108138. Rotary hammer drill tools with self-contained electric motor.
Sec. 108139. Drill driver tools with self-contained electric motor.
Sec. 108140. Extruders.
Sec. 108141. Three-dimensional drawing pens.
Sec. 108142. Professional grade three-dimensional drawing pens.
Sec. 108143. Electric multi-functional blower vacuums.
Sec. 108144. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 108145. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 108146. Hydraulic hammer assembly.
Sec. 108147. Segmented bladder-operated molds, with more than 25-inch rim diameter.
Sec. 108148. Used valves for directional control.
Sec. 108149. Keg spears with pressure release valves.
Sec. 108150. Multiport distribution controllers.
Sec. 108151. Subsea modular trees.
Sec. 108152. Flow selector unit-multi-port 6-branch engine crankshafts.
Sec. 108153. Engine crankshafts.
Sec. 108154. Turbocharger journal bearings.
Sec. 108155. Mid-range bearing housings.
Sec. 108156. Heavy duty bearing housings.
Sec. 108157. Fixed ration gear boxes.
Sec. 108158. Track drive gear boxes.
Sec. 108159. Swing bearing assembly.
Sec. 108160. Gears for use in machinery or within engines.
Sec. 108161. 14Y stepper motors.
Sec. 108162. Air door actuators.
Sec. 108163. Servo motors.
Sec. 108164. DC brushed rhombic winding NdFeb magnet motors, with output under 18.65 W.
Sec. 108165. DC brushed rhombic winding NdFeB magnet motors.
Sec. 108166. DC brushed rhombic winding AlNiCo magnet motors, with output under 18.65 W.
Sec. 108167. DC brushless rhombic winding NdFeB magnet motors, with output under 18.65 W.
Sec. 108168. DC brushed rhombic winding NdFeB magnet motors, with output over 18.65 but not over 37.5 W.
Sec. 108169. DC brushed rhombic winding AlNiCo magnet motors, with output over 18.65 W but not over 37.5 W.
Sec. 108170. DC brushless slotless rhombic winding NdFeB magnet motors output over 18.65 W but not over 37.5 W.
Sec. 108171. DC brushed rhombic winding NdFeB magnet motors output over 37.5 W but not over 74.6 W.
Sec. 108172. DC brushless slotless rhombic winding NdFeB magnet motors output over 37.5 W but not over 74.6 W.
Sec. 108173. Motors.
Sec. 108174. DC motors of an output exceeding 74.6 W but not exceeding 735 W.
Sec. 108175. DC motors, of an output exceeding 74.6 W but not exceeding 735 W.
Sec. 108176. DC brushed rhombic winding NdFeB magnet motors output over 74.6 W but not over 735 W.
Sec. 108177. DC brushless slotless rhombic winding NdFeB magnet motors output over 74.6 W but not over 735 W.
Sec. 108178. DC motors of an output exceeding 750 W but not exceeding 14.92 kW.
Sec. 108179. DC electric motor for non-aircraft gas turbines.
Sec. 108180. AC alternators.
Sec. 108181. AC alternators with copper windings.
Sec. 108182. Wound stators and rotor assemblies.
Sec. 108183. Rotors.
Sec. 108184. Stators for washing machines, with a 27-tooth design.
Sec. 108185. Stators for washing machines, with an 18-tooth design.
Sec. 108186. Rotors for washing machines, with a height of 60.8 mm.
Sec. 108187. Rotors for washing machines, with a height of 49 mm.
Sec. 108188. 6 V lead-acid storage batteries.
Sec. 108189. 12 V lead-acid storage batteries, used for the auxiliary source of power.
Sec. 108190. Lead-acid storage batteries, used for wheelchairs.
Sec. 108191. 12 V lead-acid storage batteries, rated at less than 15 ampere-hours.
Sec. 108192. 12 V lead-acid storage batteries, rated at 15 ampere-hours or more.
Sec. 108193. Cell box assemblies, weighing 15 kg or more but not over 18 kg.
Sec. 108194. Cell box assemblies, weighing 30 kg or more but not over 36 kg.
Sec. 108195. Cell box assemblies, weighing 36 kg or more but not over 49 kg.
Sec. 108196. Cell box assemblies NX.
Sec. 108197. Food processors with a capacity greater than 2.9 liters but not exceeding 3.1 liters.
Sec. 108198. Food processors with a capacity greater than 1.6 liters but not exceeding 2.2 liters.
Sec. 108199. Cordless hand blenders.
Sec. 108200. Cordless hand mixers.
Sec. 108201. Corded hand blenders.
Sec. 108202. Burr coffee grinders.
Sec. 108203. Electric food processors with bowl scraper.
Sec. 108204. Electric food processors with snap-locking lid.
Sec. 108205. Electric juice extractors.
Sec. 108206. Electric drink mixers.
Sec. 108207. Spiralizing food processors with a capacity equal to or greater than 2.36 liters but not exceeding 2.64 liters.
Sec. 108208. Spiralizing food processors with a capacity equal to or greater than 2.83 liters but not exceeding 3.07 liters.
Sec. 108209. Dicing food processors.
Sec. 108210. Compact food processor with smoothie function.
Sec. 108211. Juice extractors.
Sec. 108212. Integrated baby food making systems.
Sec. 108213. Electric juice mixers and grinders.
Sec. 108214. Ultrasonic humidifiers.
Sec. 108215. Automatic litterboxes, valued no more than $100.
Sec. 108216. Electric toothbrushes.
Sec. 108217. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 108218. 2-in-1 can opener.
Sec. 108219. Food spiralizing devices.
Sec. 108220. Ceramic bowls.
Sec. 108221. Food grinders for certain electromechanical stand food mixers.
Sec. 108222. Pasta press extruders for certain stand food mixers.
Sec. 108223. Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 4.2 liters but not exceeding 4.8 liters.
Sec. 108224. Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 2.8 liters but not exceeding 3.4 liters.
Sec. 108225. Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 5.6 liters but not exceeding 8.6 liters.
Sec. 108226. Pasta rollers and cutters for stand food mixers.
Sec. 108227. Glass bowls for certain electromechanical stand food mixers.
Sec. 108228. Body trimmers for detailed hair trimming.
Sec. 108229. Hair clipper sets.
Sec. 108230. Rechargeable trimmers for trimming human hair.
Sec. 108231. PCB assemblies for clippers and trimmers.
Sec. 108232. LED bicycle wheel spoke lights.
Sec. 108233. Bicycle rear lights.
Sec. 108234. Portable electric lamps.
Sec. 108235. Space heaters.
Sec. 108236. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 108237. Microwave ovens with capacity exceeding 22.5 liters but not exceeding 31 liters.
Sec. 108238. Low-profile microwave ovens with electronic opening mechanism and integral range hood.
Sec. 108239. Low-profile microwave ovens with push button opening mechanism and integral range hood.
Sec. 108240. Low-profile microwave ovens with electronic opening mechanism and without a range hood.
Sec. 108241. Searing grills.
Sec. 108242. Automatic drip coffee makers.
Sec. 108243. Espresso machines.
Sec. 108244. Coffee makers with dishwasher safe removable parts.
Sec. 108245. Single-service coffee makers with milk frothers.
Sec. 108246. Electric coffee makers with dual dispensers.
Sec. 108247. Electric coffee makers for brewing capsules.
Sec. 108248. Automatic or manual pour over coffee makers.
Sec. 108249. Removable reservoir coffeemakers.
Sec. 108250. Single serve coffee makers.
Sec. 108251. 2-way coffee makers with a 12-cup carafe and a pod brewer.
Sec. 108252. Rapid cold brew and hot coffee makers.
Sec. 108253. Electric kettles.
Sec. 108254. Electric toasters with even-toast feature.
Sec. 108255. Electric toasters with 6.5 inch slots.
Sec. 108256. Electric toasters with 37 mm wide slots, with an under-base cord wrap.
Sec. 108257. 2- and 4-slot toasters, not having a button to keep toaster contents warm after toasting.
Sec. 108258. 2-slot toasters, with a button to keep toaster content warm after toasting.
Sec. 108259. Electric toasters with double-slice slots.
Sec. 108260. Electric toasters with 37 mm wide slots, with a retractable cord.
Sec. 108261. Electric pressure cookers rated more than 800 W but not more than 1,000 W, with a capacity of not less than 5 liters.
Sec. 108262. Electric pressure cookers rated more than 1,200 W but not more than 1,400 W, with a capacity of less than 5 liters.
Sec. 108263. Electric pressure cookers rated more than 1,000 W but not more than 1,200 W, with a capacity of less than 5 liters.
Sec. 108264. Contoured heating pads.
Sec. 108265. Slow cookers with non-stick ceramic coated stoneware.
Sec. 108266. Heating pads.
Sec. 108267. Programmable slow cookers with digital display.
Sec. 108268. 8-Quart electric slow cookers.
Sec. 108269. Programmable slow cookers.
Sec. 108270. Electric slow cookers with locking lid.
Sec. 108271. Double flip waffle makers with removable grids.
Sec. 108272. Ice cream waffle cone and bowl makers.
Sec. 108273. Electric breakfast sandwich makers.
Sec. 108274. Pressure cookers.
Sec. 108275. 10-quart programmable slow cookers.
Sec. 108276. Polished stainless steel 1.5-quart tea kettles.
Sec. 108277. Egg bite makers.
Sec. 108278. Vacuum steel insulated coffee carafes, of a kind used with deep ultraviolet lithography machines.
Sec. 108279. Vacuum steel insulated carafes for household coffee machines, of a kind used with deep ultraviolet lithography machines.
Sec. 108280. Vacuum steel bodies with inner and outer steel layers.
Sec. 108281. Lamp-holder housings of plastic.
Sec. 108282. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 108283. Combination duplex receptacle/outlet and USB charger, 15–20 amp, 125 V.
Sec. 108284. Range and dryer receptacles.
Sec. 108285. Residential grade receptacles.
Sec. 108286. Residential and commercial USB receptacles.
Sec. 108287. Power strips.
Sec. 108288. Surge protectors.
Sec. 108289. Programmable controllers for architectural lighting.
Sec. 108290. Electronic modular control panels for generators.
Sec. 108291. Power distribution modules and programmable controllers.
Sec. 108292. Glass capacitive touchscreen assemblies with LCD.
Sec. 108293. Lamps containing deuterium gas without radio-frequency identification (RFID).
Sec. 108294. Lamps containing deuterium gas with radio-frequency identification (RFID).
Sec. 108295. Fiber channel coaxial cables of silver-plated copper conductors and expanded ePTFE dielectrics.
Sec. 108296. Insulated coaxial cables, of a kind used with deep ultraviolet lithography machines.
Sec. 108297. Coaxial cables insulated with ePTFE, vapor sealed, of a kind used with deep ultraviolet lithography machines.
Sec. 108298. Coaxial cables insulated with ePTFE, non-vapor sealed, of a kind used with deep ultraviolet lithography machines.
Sec. 108299. Low speed automotive ethernet USB harnesses.
Sec. 108300. High speed autolink cable USB harnesses.
Sec. 108301. Insulated electric conductors, of a kind used with extreme ultraviolet lithography machines.
Sec. 108302. Insulated electric conductors, of a kind used with deep ultraviolet lithography machines.
Sec. 108303. Insulated electric conductors, of a kind used with optical instruments.
Sec. 108304. Rings, blocks, and other insulating fittings of quartz.
Sec. 108305. Front tire splash guards for vehicles.
Sec. 108306. Rear tire splash guards for vehicles.
Sec. 108307. Automatic gear boxes.
Sec. 108308. Suspension systems (struts) for off-highway trucks.
Sec. 108309. Suspension system stabilizer bars.
Sec. 108310. Tie rod assemblies.
Sec. 108311. Used axle housings.
Sec. 108312. Used parts for power trains.
Sec. 108313. Front windshield covers.
Sec. 108314. Expansion chambers.
Sec. 108315. Bicycle racks for car roofs.
Sec. 108316. High pressure fuel injector rails.
Sec. 108317. Stand-up bicycles, having both wheels exceeding 63.5 cm in diameter.
Sec. 108318. Elliptical cycles, with wheels not exceeding 63.5 cm in diameter.
Sec. 108319. Bicycle frames, other than of steel, valued $600 or less.
Sec. 108320. Internal gear bicycle hubs, other than two or three speeds.
Sec. 108321. Bicycle pedals other than clipless pedals.
Sec. 108322. Clipless bicycle pedals and parts thereof.
Sec. 108323. Carbon fiber bicycle seatposts.
Sec. 108324. Bicycle handlebar tape, other than silicon or leather tape.
Sec. 108325. Trailer cycles.
Sec. 108326. Dropper seatposts.
Sec. 108327. Bicycle fenders.
Sec. 108328. Bicycle handlebars.
Sec. 108329. Multi-functional steel carts.
Sec. 108330. Non-mechanically propelled industrial hand truck.
Sec. 108331. Moving dollies.
Sec. 108332. Paragliders, paraglider wings and paraglider harnesses.
Sec. 108333. Sailing catamarans and power catamarans.
Sec. 108334. Projection lenses.
Sec. 108335. Mounted optical lenses.
Sec. 108336. Objective lenses for broadcast cameras.
Sec. 108337. Objective lenses for cinema cameras.
Sec. 108338. Magnifying spectacles.
Sec. 108339. LCD television panel assemblies, with a video display measuring over 175.26 cm.
Sec. 108340. LCD television panel assemblies, with a video display measuring over 149.86 cm but not over 175.26 cm.
Sec. 108341. LCD television panel assemblies, with a video display measuring over 139.7 cm but not over 149.86 cm.
Sec. 108342. LCD television panel assemblies, with a video display measuring over 137.16 cm but not over 139.7 cm.
Sec. 108343. Housings designed for infrared lenses.
Sec. 108344. Electronic temperature indicators, weighing 14.2 g.
Sec. 108345. Electronic temperature indicators, weighing 64.4 g.
Sec. 108346. Electronic temperature indicators, weighing 430 g.
Sec. 108347. Global cargo trackers, weighing 660 g.
Sec. 108348. Temperature data monitors, weighing 115 g.
Sec. 108349. Temperature data monitors, weighing 138.9 g.
Sec. 108350. Temperature data monitors, weighing 133.2 g.
Sec. 108351. Parts and accessories of bicycle speedometers.
Sec. 108352. Wired remote controllers.
Sec. 108353. Analog/digital wrist watches.
Sec. 108354. Mechanical wrist watches.
Sec. 108355. Mechanical wrist watches with leather or other band.
Sec. 108356. Analog pocket watches.
Sec. 108357. Projection alarm clocks, non-atomic.
Sec. 108358. Projection atomic alarm clocks.
Sec. 108359. Analog wall clocks without thermometer, hygrometer, or barometer gauges.
Sec. 108360. Analog clocks with thermometer and hygrometer.
Sec. 108361. Atomic analog wall clocks.
Sec. 108362. Atomic digital clocks.
Sec. 108363. Analog kitchen timers.
Sec. 108364. Wrist watch movements having over one jewel and less than 7 jewels.
Sec. 108365. Watch movements having over 7 jewels and under 17 jewels.
Sec. 108366. Watch cases or “bodies” over 41 mm in diameter.
Sec. 108367. Watch cases or “bodies” not over 41 mm in diameter.
Sec. 108368. Watch case bezels, backs, and centers.
Sec. 108369. Watch case parts.
Sec. 108370. Stainless steel watch bracelets.
Sec. 108371. Watch dials.
Sec. 108372. Watch crowns.
Sec. 108373. Watch hands.
Sec. 108374. Acoustic guitars.
Sec. 108375. Console digital pianos.
Sec. 108376. Grand digital pianos.
Sec. 108377. Electronic 61-key keyboards.
Sec. 108378. Electric guitars and acoustic/electric guitars.
Sec. 108379. Memory foam travel pillows.
Sec. 108380. Lighting for wall installation.
Sec. 108381. Decorative bathroom fan assemblies (lighting fixtures) assemblies.
Sec. 108382. Metal household floor lamps.
Sec. 108383. Solar powered pathway lights, each measuring between 36.8 cm and 42 cm in height.
Sec. 108384. Solar powered pathway lights, each measuring between 45 cm and 48 cm in height.
Sec. 108385. Exterior exit viewing lights, dual beam.
Sec. 108386. LED flameless candles.
Sec. 108387. Aquarium LED light strands.
Sec. 108388. LED light modules for bathroom fans/lights.
Sec. 108389. Aquarium LED light sticks.
Sec. 108390. Aquarium LED light strips.
Sec. 108391. Decorative votive candle holders.
Sec. 108392. Candle jar shades.
Sec. 108393. Non-electrical lighting.
Sec. 108394. Outdoor garden or patio torches of bamboo construction.
Sec. 108395. Outdoor garden or patio torches of non-bamboo construction.
Sec. 108396. Indoor oil lamps with base of glass or metal.
Sec. 108397. Outdoor garden torches for tabletop use.
Sec. 108398. Glass lens arrays for spotlights.
Sec. 108399. Lamp shades.
Sec. 108400. Galvanized steel LED downlight housing frames.
Sec. 108401. Aluminum cylinders for LED lighting fixtures.
Sec. 108402. Galvanized steel brackets and plates for LED lighting fixtures.
Sec. 108403. Aluminum LED downlight reflectors.
Sec. 108404. Outdoor garden torch replacement canisters.
Sec. 108405. Iris subassemblies for moving lights.
Sec. 108406. Zoom modules for automated moving lights.
Sec. 108407. Golf club heads for fairway woods.
Sec. 108408. Golf club shafts for putters.
Sec. 108409. Steel golf club shafts, other than for putters.
Sec. 108410. Golf club shaft assemblies.
Sec. 108411. Graphite driver golf club shafts, extra stiff flex.
Sec. 108412. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 108413. Graphite irons golf club shafts, extra stiff flex.
Sec. 108414. Graphite driver golf club shafts, regular, senior, adult, or ladies flex.
Sec. 108415. Graphite golf club driver shafts, stiff flex.
Sec. 108416. Graphite hybrid golf club shafts, regular, senior, adult, or ladies flex.
Sec. 108417. Graphite hybrid golf club shafts, stiff flex.
Sec. 108418. Graphite irons golf club shafts, regular, senior, adult, or ladies flex.
Sec. 108419. Graphite irons golf club shafts, stiff flex.
Sec. 108420. Pickleball paddles.
Sec. 108421. Pickleballs.
Sec. 108422. Exercise cycles.
Sec. 108423. Stationary trainers.
Sec. 108424. Multimodality fitness equipment, without integrated contact grip heart rate monitor.
Sec. 108425. Multimodality fitness equipment with integrated power sensor to measure the user's upper body power input.
Sec. 108426. Parts and accessories for treadmills.
Sec. 108427. Parts and accessories for ellipticals.
Sec. 108428. Parts and accessories for stationary exercise cycles.
Sec. 108429. Parts and accessories for weight training equipment.
Sec. 108430. Parts and accessories for certain exercise equipment machines.
Sec. 108431. Lateral elliptical machines.
Sec. 108432. Adjustable-weight kettlebells.
Sec. 108433. Adjustable-weight barbell.
Sec. 108434. Exercise cycles with dual-position handgrips.
Sec. 108435. Exercise cycles with single handgrips.
Sec. 108436. Upright exercise cycles.
Sec. 108437. Recumbent exercise cycles with touchscreen consoles.
Sec. 108438. Leaning exercise cycles.
Sec. 108439. Rod gyms, with vertical bench.
Sec. 108440. Rod and resistance gyms, with flat benches.
Sec. 108441. Foldable treadmills, with LCD consoles with control keypads.
Sec. 108442. Foldable treadmills, with touchscreen consoles measuring 44.5 cm or less.
Sec. 108443. Indoor cycling machines with wireless data touchscreen displays.
Sec. 108444. Indoor cycling machines with LCD consoles and two water bottle holders.
Sec. 108445. Indoor cycling machines with LCD consoles and single water bottle holder.
Sec. 108446. Recumbent elliptical machines.
Sec. 108447. Fitness equipment combining the functions of an elliptical and a stair stepper, weight over 90 kgs.
Sec. 108448. Foldable treadmills with touchscreen console greater than 44.4 cm.
Sec. 108449. Interactive indoor cycling exercise cycles.
Sec. 108450. Multimodality fitness equipment, with integrated contact grip heart rate monitors.
Sec. 108451. Fishing reels valued not over $2.70 each, pre-spooled, with rod and fishing line.
Sec. 108452. Fishing reels valued not over $2.70 each.
Sec. 108453. Hard artificial crankbaits.
Sec. 108454. Collapsible big game decoys.
Sec. 108455. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 108456. Vacuum insulated drinkware having a capacity exceeding 1 liter but not exceeding 2 liters.
Sec. 108457. Vacuum insulated drinkware having a capacity exceeding 2 liters but not exceeding 4 liters.
Sec. 108458. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 108459. Vacuum glass lined steel coffee servers over 2 liters with lever dispensing.
Subtitle B—Existing duty suspensions and reductions
Sec. 108460. Extension of certain existing duty suspensions and reductions and other modifications.
Subtitle C—Effective date and technical corrections authority
Sec. 108461. Effective date.
Sec. 108462. Authority to make technical and conforming changes.
100001.

Short title
This division may be cited as the “American Worker and Trade Competitiveness Act”.
I

Trade Adjustment Assistance
101001.

Short title
This title may be cited as the “Trade Adjustment Assistance Modernization Act of 2022”.
101002.

Application of provisions relating to trade adjustment assistance
(a)

Effective date; applicability
Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on June 30, 2021, and as amended by this title, shall—
(1)
take effect on the date of the enactment of this Act; and
(2)
apply with respect to petitions for certification filed under chapter 2, 3, 4, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.
(b)

Reference
Except as otherwise provided in this title, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision of chapters 2 through 6 of title II of the Trade Act of 1974, the reference shall be considered to be made to a provision of any such chapter, as in effect on June 30, 2021.
(c)

Repeal of snapback
Section 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 (Public Law 114–27; 129 Stat. 379) is repealed.
A

Trade adjustment assistance for workers
101101.

Filing petitions
Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)) is amended—
(1)
by amending subparagraph (A) to read as follows:
“(A)
One or more workers in the group of workers.”; and
(2)
in subparagraph (C), by striking “or a State dislocated worker unit” and inserting “a State dislocated worker unit, or workforce intermediaries, including labor-management organizations that carry out re-employment and training services”.
101102.

Group eligibility requirements
(a)

In general
Section 222(a)(2) of the Trade Act of 1974 (19 U.S.C. 2272(a)(2)) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i), by inserting “, failed to increase, or will decrease absolutely due to a scheduled or imminently anticipated, long-term decrease in or reallocation of the production capacity of the firm” after “absolutely”; and
(B)
in clause (iii)—
(i)
by striking “to the decline” and inserting “to any decline or absence of increase”; and
(ii)
by striking “or” at the end;
(2)
in subparagraph (B)(ii), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(C)
(i)
the sales or production, or both, of such firm have decreased;
(ii)
(I)
exports of articles produced or services supplied by such workers’ firm have decreased; or
(II)
imports of articles or services necessary for the production of articles or services supplied by such firm have decreased; and
(iii)
the decrease in exports or imports described in clause (ii) contributed to such workers’ separation or threat of separation and to the decline in the sales or production of such firm.”.
(b)

Repeal
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—
(1)
in subsections (a) and (b), by striking “importantly” each place it appears; and
(2)
in subsection (c)—
(A)
by striking paragraph (1); and
(B)
by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.
(c)

Eligibility of staffed workers and teleworkers
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended by subsection (b), is further amended by adding at the end the following:
“(f)

Treatment of staffed workers and teleworkers
(1)

In general
For purposes of subsection (a), workers in a firm include staffed workers and teleworkers.
(2)

Definitions
In this subsection:
(A)

Staffed worker
The term staffed worker means a worker who performs work under the operational control of a firm that is the subject of a petition filed under section 221, even if the worker is directly employed by another firm.
(B)

Teleworker
The term teleworker means a worker who works remotely but who reports to the location listed for a firm in a petition filed under section 221.”.
101103.

Application of determinations of eligibility to workers employed by successors-in-interest
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following:
“(f)

Treatment of workers of successors-in-Interest
If the Secretary certifies a group of workers of a firm as eligible to apply for adjustment assistance under this chapter, a worker of a successor-in-interest to that firm shall be covered by the certification to the same extent as a worker of that firm.”.
101104.

Provision of benefit information to workers
Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended—
(1)
in subsection (a), by inserting after the second sentence the following new sentence: “The Secretary shall make every effort to provide such information and assistance to workers in their native language.”; and
(2)
in subsection (b)—
(A)
by redesignating paragraph (2) as paragraph (3);
(B)
by inserting after paragraph (1) the following:
“(2)
The Secretary shall provide a second notice to a worker described in paragraph (1) before the worker has exhausted all rights to any unemployment insurance to which the worker is entitled (other than additional compensation described in section 231(a)(3)(B) funded by a State and not reimbursed from Federal funds).”;
(C)
in paragraph (3), as redesignated by paragraph (1), by striking “newspapers of general circulation” and inserting “appropriate print or digital outlets”; and
(D)
by adding at the end the following:
“(4)
For purposes of providing sustained outreach regarding the benefits available under this chapter to workers covered by a certification made under this subchapter, the Secretary may take any necessary actions, including the following:
(A)
Collecting the email addresses and telephone numbers of such workers from the employers of such workers to provide sustained outreach to such workers.
(B)
Partnering with the certified or recognized union, a community-based worker organization, or other duly authorized representatives of such workers.
(C)
Hiring peer support workers to perform sustained outreach to other workers covered by that certification.
(D)
Using advertising methods and public information campaigns, including social media, in addition to notice published in print or digital outlets under paragraph (3).”.
101105.

Qualifying requirements for workers
(a)

Modification of conditions
(1)

In general
Section 231(a) of the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended—
(A)
by striking paragraph (2);
(B)
by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and
(C)
in paragraph (4) (as redesignated), by striking “paragraphs (1) and (2)” each place it appears and inserting “paragraph (1)”.
(2)

Conforming amendments
(A)
Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended by striking “section 231(a)(3)(B)” each place it appears and inserting “section 231(a)(2)(B)”.
(B)
Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended—
(i)
in paragraph (1), by striking “section 231(a)(3)(A)” and inserting “section 231(a)(2)(A)”; and
(ii)
in paragraph (2)—
(I)
by striking “adversely affected employment” and all that follows through “(A) within” and inserting “adversely affected employment within”;
(II)
by striking “, and” and inserting a period; and
(III)
by striking subparagraph (B).
(b)

Waivers of training requirements
Section 231(c)(1) of the Trade Act of 1974 (19 U.S.C. 2291(c)(1)) is amended—
(1)
by redesignating subparagraphs (A), (B), and (C) as subparagraphs (C), (D), and (E), respectively; and
(2)
by inserting before subparagraph (C) (as redesignated) the following:
“(A)

Recall
The worker has been notified that the worker will be recalled by the firm from which the separation occurred.
(B)

Retirement
The worker is within 2 years of meeting all requirements for entitlement to either—
(i)
old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor); or
(ii)
a private pension sponsored by an employer or labor organization.”.
101106.

Modification to trade readjustment allowances
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2), by inserting after “104-week period” the following: “(or, in the case of an adversely affected worker who requires a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period)”;
(B)
in paragraph (3), by striking “65 additional weeks in the 78-week period” and inserting “78 additional weeks in the 91-week period”; and
(C)
in the flush text, by striking “78-week period” and inserting “91-week period”;
(2)
by striking subsection (d); and
(3)
by amending subsection (f) to read as follows:
“(f)

Payment of trade readjustment allowances to complete training
Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that includes a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.”.
101107.

Automatic extension of trade readjustment allowances
(a)

In general
Part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is amended by inserting after section 233 the following new section:
“233A.

Automatic extension of trade readjustment allowances
(a)

In general
Notwithstanding the limitations under section 233(a), the Secretary shall extend the period during which trade readjustment allowances are payable to an adversely affected worker who completes training approved under section 236 by the Secretary during a period of heightened unemployment with respect to the State in which such worker seeks benefits, for the shorter of—
(1)
the 26-week period beginning on the date of completion of such training; or
(2)
the period ending on the date on which the adversely affected worker secures employment.
(b)

Job search required
A worker shall only be eligible for an extension under subsection (a) if the worker is complying with the job search requirements associated with unemployment insurance in the applicable State.
(c)

Period of heightened unemployment defined
In this section, the term period of heightened unemployment with respect to a State means a 90-day period during which, in the determination of the Secretary, either of the following average rates equals or exceeds 5.5 percent:
(1)
The average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3-month period for which data for all States are published before the close of such period.
(2)
The average rate of total unemployment in all States (seasonally adjusted) for the period consisting of the most recent 3-month period for which data for all States are published before the close of such period.”.
(b)

Clerical amendment
The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 233 the following:
“Sec. 233A. Automatic extension of trade readjustment allowances.”.
101108.

Employment and case management services
Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended—
(1)
in paragraph (3)—
(A)
by inserting after “regional areas” the following: “(including information about registered apprenticeship programs, on-the-job training opportunities, and other work-based learning opportunities)”; and
(B)
by inserting after “suitable training” the following: “, information regarding the track record of a training provider’s ability to successfully place participants into suitable employment”;
(2)
by redesignating paragraph (8) as paragraph (10); and
(3)
by inserting after paragraph (7) the following:
“(8)
Information related to direct job placement, including facilitating the extent to which employers within the community commit to employing workers who would benefit from the employment and case management services under this section.
(9)
Sustained outreach to groups of workers likely to be certified as eligible for adjustment assistance under this chapter and members of certified worker groups who have not yet applied for or been enrolled in benefits or services under this chapter, especially such groups and members from underserved communities.”.
101109.

Training
Section 236 of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)(D), by inserting “, with a demonstrated ability to place participants into employment” before the comma at the end;
(B)
in paragraph (3), by adding at the end before the period the following: “, except that every effort shall be made to ensure that employment opportunities are available upon the completion of training”; and
(C)
in paragraph (5)—
(i)
in subparagraph (G), by striking “, and” and inserting a comma;
(ii)
in subparagraph (H)(ii), by striking the period at the end and inserting “, and”; and
(iii)
by adding at the end before the flush text the following:
“(I)
pre-apprenticeship training.”; and
(2)
by adding at the end the following:
“(h)

Reimbursement for out-of-Pocket training expenses
If the Secretary approves training for a worker under paragraph (1) of subsection (a), the Secretary may reimburse the worker for out-of-pocket expenses relating to training program described in paragraph (5) of that subsection that were incurred by the worker on and after the date of the worker’s total or partial separation and before the date on which the certification of eligibility under section 222 that covers the worker is issued.”.
101110.

Job search, relocation, and child and other dependent care allowances
(a)

Job search allowances
Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended—
(1)
in subsection (a)(1), by striking “may use funds made available to the State to carry out sections 235 through 238” and inserting “shall use, from funds made available to the State to carry out sections 235 through 238A, such amounts as may be necessary”;
(2)
in subsection (a)(2), in the matter preceding subparagraph (A), by striking “may grant” and inserting “shall grant”; and
(3)
in subsection (b)—
(A)
in paragraph (1), by striking “not more than 90 percent” and inserting “100 percent”;
(B)
in paragraph (2), by striking “$1,250” and inserting “$2,000 (subject to adjustment under paragraph (4))”; and
(C)
by adding at the end the following;
“(4)

Adjustment of maximum allowance limitation for inflation
(A)

In general
The Secretary of Labor shall adjust the maximum allowance limitation under paragraph (2) on the date that is 30 days after the date of the enactment of this paragraph, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020.
(B)

Special rules for calculation of adjustment
In making an adjustment under subparagraph (A), the Secretary—
(i)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and
(ii)
may ignore any such increase of less than 1 percent.
(C)

Consumer Price Index defined
For purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”.
(b)

Relocation allowances
Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended—
(1)
in subsection (a)(1), by striking “may use funds made available to the State to carry out sections 235 through 238” and inserting “shall use, from funds made available to the State to carry out sections 235 through 238A, such amounts as may be necessary”;
(2)
in subsection (a)(2), in the matter preceding subparagraph (A), by striking “may be granted” and inserting “shall be granted”;
(3)
in subsection (b)—
(A)
in paragraph (1), by striking “not more than 90 percent” and inserting “100 percent”; and
(B)
in paragraph (2), by striking “$1,250” and inserting “$2,000 (subject to adjustment under subsection (d))”; and
(4)
by adding at the end the following:
“(d)

Adjustment of maximum payment limitation for inflation
(1)

In general
The Secretary of Labor shall adjust the maximum payment limitation under subsection (b)(2) on the date that is 30 days after the date of the enactment of this subsection, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020.
(2)

Special rules for calculation of adjustment
In making an adjustment under paragraph (1), the Secretary—
(A)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and
(B)
may ignore any such increase of less than 1 percent.
(3)

Consumer Price Index defined
For purposes of this subsection, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”.
(c)

Child and other dependent care allowances
(1)

In general
Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended by adding at the end the following:
“238A.

Child and Other Dependent Care Allowances
(a)

Child and Other Dependent Care Allowances Authorized
(1)

In general
Each State shall use, from funds made available to the State to carry out sections 235 through 238A, such amounts as may be necessary to allow an adversely affected worker covered by a certification issued under subchapter A of this chapter to file an application for a child and other dependent care allowance with the Secretary, and the Secretary may grant the child care allowance, subject to the terms and conditions of this section.
(2)

Conditions for granting allowance
A child and other dependent care allowance shall be granted if the allowance will assist an adversely affected worker to attend training or seek suitable employment, by providing for the care of one or more of the minor dependents of the worker.
(b)

Amount of Allowance
Any child and other dependent care allowance granted to a worker under subsection (a) shall not exceed $2,000 per minor dependent per year.
(c)

Adjustment of maximum allowance limitation for inflation
(1)

In general
The Secretary of Labor shall adjust the maximum allowance limitation under subsection (b) on the date that is 30 days after the date of the enactment of this subsection, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020.
(2)

Special rules for calculation of adjustment
In making an adjustment under paragraph (1), the Secretary—
(A)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and
(B)
may ignore any such increase of less than 1 percent.
(3)

Consumer Price Index defined
For purposes of this subsection, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”.
(2)

Conforming amendments
(A)

Limitations on administrative expenses and employment and case management services
Section 235A of the Trade Act of 1974 (19 U.S.C. 2295a) is amended in the matter preceding paragraph (1) by striking “through 238” and inserting “through 238A”.
(B)

Training
Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended—
(i)
in subparagraph (A), by striking “and 238” and inserting “238, and 238A”;
(ii)
in subparagraph (B), by striking “and 238” each place it appears and inserting “238, and 238A”;
(iii)
in subparagraph (C)(i), by striking “and 238” and inserting “238, and 238A”;
(iv)
in subparagraph (C)(v), by striking “and 238” and inserting “238, and 238A”; and
(v)
in subparagraph (E), by striking “and 238” each place it appears and inserting “238, and 238A”.
(3)

Clerical amendment
The table of contents for the Trade Act of 1974 is amended by adding after the item relating to section 238 the following new item:
“Sec. 238A. Child and other dependent care allowances.”.
101111.

Agreements with States
(a)

Coordination
Section 239(f) of the Trade Act of 1974 (19 U.S.C. 2311(f)) is amended—
(1)
by striking “(f) Any agreement” and inserting the following:
“(f)
(1)
Any agreement”; and
(2)
by adding at the end the following:
“(2)
In arranging for training programs to be carried out under this chapter, each cooperating State agency shall, among other factors, take into account and measure the progress of the extent to which such programs—
(A)
achieve a satisfactory rate of completion and placement in jobs that provide a living wage and that increase economic security;
(B)
assist workers in developing the skills, networks, and experiences necessary to advance along a career path;
(C)
assist workers from underserved communities to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; and
(D)
adequately serve individuals who face the greatest barriers to employment, including people with low incomes, people of color, immigrants, persons with disabilities, and formerly incarcerated individuals.
(3)
Each cooperating State agency shall facilitate joint cooperation between training programs, representatives of workers, employers, and communities, especially in underserved rural and urban regions, to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses.
(4)
Each cooperating State agency shall seek, including through agreements and training programs described in this subsection, to ensure the reemployment of adversely affected workers upon completion of training as described in section 236.”.
(b)

Administration
Section 239(g) of the Trade Act of 1974 (19 U.S.C. 2311(g)) is amended—
(1)
by redesignating—
(A)
paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and
(B)
paragraph (5) as paragraph (8);
(2)
by inserting before paragraph (3) (as redesignated) the following:
“(1)
review each layoff of more than 5 workers in a firm to determine whether trade played a role in the layoff and whether workers in such firm are potentially eligible to receive benefits under this chapter,
(2)
perform sustained outreach to firms to facilitate and assist with filing petitions under section 221 and collecting necessary supporting information,”;
(3)
in paragraph (3) (as redesignated), by striking “who applies for unemployment insurance of” and inserting “identified under paragraph (1) of unemployment insurance benefits and”;
(4)
in paragraph (4) (as redesignated), by inserting “and assist with” after “facilitate”;
(5)
in paragraph (6) (as redesignated), by striking “and” at the end;
(6)
by inserting after paragraph (6) (as redesignated) the following:
“(7)
perform sustained outreach to workers from underserved communities and to firms that employ a majority or a substantial percentage of workers from underserved communities and develop a plan, in consultation with the Secretary, for addressing common barriers to receiving services that such workers have faced,” ;
(7)
in paragraph (8) (as redesignated), by striking “funds provided to carry out this chapter are insufficient to make such services available, make arrangements to make such services available through other Federal programs” and inserting “support services are needed beyond what this chapter can provide, make arrangements to coordinate such services available through other Federal programs”; and
(8)
by adding at the end the following:
“(9)
develop a strategy to engage with local workforce development institutions, including local community colleges and other educational institutions, and
(10)
develop a comprehensive strategy to provide agency staffing to support the requirements of paragraphs (1) through (9).”.
(c)

Staffing
Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended by striking subsection (k) and inserting the following:
“(k)

Staffing
An agreement entered into under this section shall provide that the cooperating State or cooperating State agency shall require that any individual engaged in functions (other than functions that are not inherently governmental) to carry out the trade adjustment assistance program under this chapter shall be a State employee covered by a merit system of personnel administration.”.
101112.

Reemployment trade adjustment assistance program
Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a)) is amended—
(1)
in paragraph (3)(B)(ii), by striking “$50,000” and inserting “$70,000 (subject to adjustment under paragraph (8))”;
(2)
in paragraph (5)(B)(i), by striking “$10,000” and inserting “$20,000 (subject to adjustment under paragraph (8))”; and
(3)
by adding at the end the following:
“(8)

Adjustment of salary limitation and total amount of payments for inflation
(A)

In general
The Secretary of Labor shall adjust the salary limitation under paragraph (3)(B)(ii) and the amount under paragraph (5)(B)(i) on the date that is 30 days after the date of the enactment of this paragraph, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020.
(B)

Special rules for calculation of adjustment
In making an adjustment under subparagraph (A), the Secretary—
(i)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and
(ii)
may ignore any such increase of less than 1 percent.
(C)

Consumer Price Index defined
For purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”.
101113.

Extension of trade adjustment assistance to public agency workers
(a)

Definitions
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—
(1)
in paragraph (3)—
(A)
in the matter preceding subparagraph (A), by striking “The” and inserting “Subject to section 222(d)(5), the”; and
(B)
in subparagraph (A), by striking “or service sector firm” and inserting “, service sector firm, or public agency”; and
(2)
by adding at the end the following:
“(20)
The term public agency means a department or agency of a State or local government or of the Federal Government.”.
(b)

Group eligibility requirements
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended by subsections (b) and (c) of section 101102, is further amended—
(1)
by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;
(2)
by inserting after subsection (b) the following:
“(c)

Adversely affected workers in public agencies
A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that—
(1)
a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;
(2)
the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and
(3)
the acquisition of services described in paragraph (2) contributed to such workers’ separation or threat of separation.”;
(3)
in subsection (d) (as redesignated), by adding at the end the following:
“(5)

Reference to firm
For purposes of subsections (a) and (b), the term firm does not include a public agency.”; and
(4)
in paragraph (2) of subsection (e) (as redesignated), by striking “subsection (a) or (b)” and inserting “subsection (a), (b), or (c)”.
101114.

Definitions
(a)

Extension of adjustment assistance for workers to territories
Section 247(7) of the Trade Act of 1974 (19 U.S.C. 2319(7)) is amended—
(1)
by inserting “, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands,” after “District of Columbia”; and
(2)
by striking “such Commonwealth.” and inserting “such territories.”.
(b)

Underserved community
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319), as amended by section 101113(a), is further amended by adding at the end the following:
“(21)
The term underserved community means a community with populations sharing a particular characteristic that have been systematically denied a full opportunity to participate in aspects of economic, social, or civic life, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, other persons of color, members of other minority communities, persons with disabilities, persons who live in rural areas, and other populations otherwise adversely affected by persistent poverty or inequality.”.
101115.

Requirements for certain territories
Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is amended by adding at the end the following:
“(c)

Requirements for certain territories
The Secretary shall establish such requirements as may be necessary and appropriate to modify the requirements of this chapter, including requirements relating to eligibility for trade readjustment allowances and limitations on administrative expenditures, to address the particular circumstances of Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands in implementing and carrying out this chapter.”.
101116.

Subpoena power
Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended—
(1)
in subsection (a), by adding at the end the following: “The authority under the preceding sentence includes the authority of States to require, by subpoena, a firm to provide information on workers employed by, or totally or partially separated from, the firm that is necessary to make a determination under this chapter or to provide outreach to workers, including the names and address of workers.”; and
(2)
by adding at the end the following:
“(c)

Enforcement of subpoenas by states
A State may enforce compliance with a subpoena issued under subsection (a)—
(1)
as provided for under State law; and
(2)
by petitioning an appropriate United States district court for an order requiring compliance with the subpoena.”.
B

Trade adjustment assistance for firms
101201.

Petitions and determinations
Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended—
(1)
in the second sentence of subsection (a), by striking “Upon” and inserting “Not later than 15 days after”;
(2)
by amending subsection (c) to read as follows:
“(c)
(1)
The Secretary shall certify a firm (including any agricultural firm or service sector firm) as eligible to apply for adjustment assistance under this chapter if the Secretary determines—
(A)
(i)
that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated, or
(ii)
that—
(I)
sales or production, or both, of the firm have decreased absolutely or failed to increase,
(II)
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely or failed to increase,
(III)
sales or production, or both, of the firm during the most recent 12-month period for which data are available have decreased or failed to increase compared to—
- (aa)
the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or
- (bb)
the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and
(IV)
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased or failed to increase compared to—
- (aa)
the average annual sales or production for the article or service during the 24-month period preceding that 12-month period, or
- (bb)
the average annual sales or production for the article or service during the 36-month period preceding that 12-month period, and
(B)
(i)
increases of imports of articles or services like or directly competitive with articles which are produced or services which are supplied by such firm contributed to such total or partial separation, or threat thereof, or to such decline or failure to increase in sales or production, or
(ii)
decreases in exports of articles produced or services supplied by such firm, or imports of articles or services necessary for the production of articles or services supplied by such firm, contributed to such total or partial separation, or threat thereof, or to such decline in sales or production.
(2)
For purposes of paragraph (1)(B):
(A)
Any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.
(B)
Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.”; and
(3)
in subsection (d)—
(A)
by striking “this section,” and inserting “this section.”; and
(B)
by striking “but in any event” and all that follows and inserting the following: “If the Secretary does not make a determination with respect to a petition within 55 days after the date on which an investigation is initiated under subsection (a) with respect to the petition, the Secretary shall be deemed to have certified the firm as eligible to apply for adjustment assistance under this chapter.”.
101202.

Approval of adjustment proposals
Section 252 of the Trade Act of 1974 (19 U.S.C. 2342) is amended—
(1)
in the second sentence of subsection (a), by adding at the end before the period the following: “and an assessment of the potential employment outcomes of such proposal”;
(2)
in subsection (b)(1)(B), by striking “gives adequate consideration to” and inserting “is in”;
(3)
by redesignating subsection (c) as subsection (d); and
(4)
by inserting after subsection (b) the following:
“(c)

Amount of assistance
(1)

In general
A firm may receive adjustment assistance under this chapter with respect to the firm’s economic adjustment proposal in an amount not to exceed $300,000, subject to adjustment under paragraph (2) and the matching requirement under paragraph (3).
(2)

Adjustment of assistance limitation for inflation
(A)

In general
The Secretary of Commerce shall adjust the technical assistance limitation under paragraph (1) on the date that is 30 days after the date of the enactment of this paragraph, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020.
(B)

Special rules for calculation of adjustment
In making an adjustment under subparagraph (A), the Secretary—
(i)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and
(ii)
may ignore any such increase of less than 1 percent.
(C)

Consumer Price Index defined
For purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(3)

Matching requirement
A firm may receive adjustment assistance under this chapter only if the firm provides matching funds in an amount equal to the amount of adjustment assistance received under paragraph (1).”.
101203.

Technical assistance
Section 253(a)(3) of the Trade Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by adding at the end before the period the following: “, including assistance to provide skills training programs to employees of the firm”.
101204.

Definitions
Section 259 of the Trade Act of 1974 (19 U.S.C. 2351) is amended by adding at the end the following:
“(3)

Underserved community
The term underserved community has the meaning given that term in section 247.”.
101205.

Plan for sustained outreach to potentially-eligible firms
(a)

In general
Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended by adding at the end the following:
“263.

Plan for sustained outreach to potentially-eligible firms
(a)

In general
The Secretary shall develop a plan to provide sustained outreach to firms that may be eligible for adjustment assistance under this chapter.
(b)

Matters to be included
The plan required by paragraph (1) shall include the following:
(1)
Outreach to the United States International Trade Commission and to such firms in industries with increased imports identified in the Commission’s annual report regarding the operation of the trade agreements program under section 163(c).
(2)
Outreach to such firms in the service sector.
(3)
Outreach to such firms that are small businesses.
(4)
Outreach to such firms that are minority- or women-owned firms.
(5)
Outreach to such firms that employ a majority or a substantial percentage of workers from underserved communities.
(c)

Updates
The Secretary shall update the plan required under this section on an annual basis.
(d)

Submission to Congress
The Secretary shall submit the plan and each update to the plan required under this section to Congress.”.
(b)

Clerical amendment
The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 262 the following new item:
“Sec. 263. Plan for sustained outreach to potentially-eligible firms.”.
C

Trade Adjustment Assistance for Communities and Community Colleges
101301.

Trade adjustment assistance for communities
(a)

In general
Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended—
(1)
by inserting after the chapter heading the following:
“B

Trade Adjustment Assistance for Community Colleges and Career Training”; and
(2)
by redesignating sections 271 and 272 as sections 279 and 279A, respectively; and
(3)
by inserting before subchapter B (as designated by paragraph (1)) the following:
“A

Trade Adjustment Assistance for Communities
271.

Definitions
In this subchapter:
(1)

Agricultural commodity producer
The term “agricultural commodity producer” has the meaning given that term in section 291.
(2)

Community
The term “community” means—
(A)
a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions;
(B)
an Economic Development District designated by the Economic Development Administration of the Department of Commerce; or
(C)
an Indian Tribe.
(3)

Eligible community
The term “eligible community” means a community that is impacted by trade under section 273(a)(2) and is determined to be eligible for assistance under this subchapter.
(4)

Eligible entity
The term “eligible entity” means—
(A)
an eligible community;
(B)
an institution of higher education or a consortium of institutions of higher education; or
(C)
a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State.
(4)

Secretary
The term “Secretary” means the Secretary of Commerce.
(5)

Underserved community
The term “underserved community” has the meaning given that term in section 247.
272.

Establishment of trade adjustment assistance for communities program
The Secretary, acting through the Assistant Secretary for Economic Development, shall, not later than 180 days after the date of enactment of this subchapter, establish a program to provide communities impacted by trade with assistance in accordance with the requirements of this subchapter.
273.

Eligibility; notification of eligibility
(a)

Eligibility
(1)

In general
A community shall be eligible for assistance under this subchapter if the community is a community impacted by trade under paragraph (2).
(2)

Community impacted by trade
A community is impacted by trade if it meets each of the following requirements:
(A)
One or more of the following certifications are made with respect to the community:
(i)
By the Secretary of Labor, that a group of workers located in the community is eligible to apply for assistance under section 223.
(ii)
By the Secretary of Commerce, that a firm located in the community is eligible to apply for adjustment assistance under section 251.
(iii)
By the Secretary of Agriculture, that a group of agricultural commodity producers located in the community is eligible to apply for adjustment assistance under section 293.
(B)
The community—
(i)
applies for assistance not later than 180 days after the date on which the most recent certification described in subparagraph (A) is made; or
(ii)
in the case of a community with respect to which one or more such certifications were made on or after January 1, 1994, and before the date of the enactment of this subchapter, applies for assistance not later than September 30, 2024.
(C)
The community—
(i)
has a per capita income of 80 percent or less of the national average;
(ii)
has an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate; or
(iii)
is significantly affected by a loss of, or threat to, the jobs associated with any certification described in subparagraph (A), or the community is undergoing transition of its economic base as a result of changing trade patterns, as determined by the Secretary.
(b)

Notification of eligibility
If one or more certifications described in subsection (a)(2)(A) are made with respect to a community, the applicable Secretary with respect to such certification shall concurrently, notify the Governor of the State in which the community is located of the ability of the community to apply for assistance under this section.
274.

Grants to eligible communities
(a)

In general
The Secretary may—
(1)
upon the application of an eligible community, award a grant under this section to the community to assist in developing or updating a strategic plan that meets the requirements of section 275; or
(2)
upon the application of an eligible entity, award an implementation grant under this section to the entity to assist in implementing projects included in a strategic plan that meets the requirements of section 275.
(b)

Special provisions
(1)

Revolving loan fund grants
(A)

In general
The Secretary shall maintain the proper operation and financial integrity of revolving loan funds established by eligible entities with assistance under this section.
(B)

Efficient administration
The Secretary may—
(i)
at the request of an eligible entity, amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria; and
(ii)
assign or transfer assets of a revolving loan fund to third party for the purpose of liquidation, and the third party may retain assets of the fund to defray costs related to liquidation.
(C)

Treatment of actions
An action taken by the Secretary under this subsection with respect to a revolving loan fund shall not constitute a new obligation if all grant funds associated with the original grant award have been disbursed to the recipient.
(2)

Use of funds in projects constructed under project cost
(A)

In general
In the case of a grant for a construction project under this section, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve the use of the excess funds (or a portion of the excess funds) to improve the project.
(B)

Other uses of excess funds
Any amount of excess funds remaining after application of subparagraph (A) may be used by the Secretary for providing assistance under this section.
(c)

Coordination
If an eligible institution (as such term is defined in section 279) located in an eligible community is seeking a grant under section 279 at the same time the community is seeking an implementation grant under subsection (a)—
(1)
the Secretary, upon receipt of such information from the Secretary of Labor as required under section 279(e), shall notify the community that the institution is seeking a grant under section 279; and
(2)
the community shall provide to the Secretary, in coordination with the institution, a description of how the community will integrate projects included in the strategic plan with the specific project for which the institution submits the grant proposal under section 279.
(d)

Limitation
The total amount of grants awarded with respect to an eligible community under this section for fiscal years 2022 through 2026 may not exceed $25,000,000.
(e)

Priority
The Secretary shall, in awarding grants under this section, provide higher levels of funding with respect to eligible communities that have a history of economic distress and long-term unemployment, as determined by the Secretary.
(f)

Geographic diversity
(1)

In general
The Secretary shall, in awarding grants under this section, ensure that grants are awarded with respect to eligible communities from geographically diverse areas.
(2)

Geographic region requirement
The Secretary shall, in meeting the requirement under paragraph (1), award a grant under this section for each of the fiscal years 2022 through 2026 to at least one eligible community located in each geographic region for which regional offices of the Economic Development Administration of the Department of Commerce are responsible, to the extent that the Secretary receives an application from at least one eligible community in each such geographic region.
275.

Strategic plans
(a)

In general
A strategic plan meets the requirements of this section if—
(1)
the consultation requirements of subsection (b) are met with respect to the development of the plan;
(2)
the plan meets the requirements of subsection (c); and
(3)
the plan is approved in accordance with the requirements of subsection (d).
(b)

Consultation
(1)

In general
To the extent practicable, an eligible community shall consult with the entities described in paragraph (2) in developing the strategic plan.
(2)

Entities described
The entities described in this paragraph are public and private entities located in or serving the eligible community, including—
(A)
local, county, or State government agencies;
(B)
firms, including small- and medium-sized firms;
(C)
local workforce investment boards;
(D)
labor organizations, including State labor federations and labor-management initiatives, representing workers in the community;
(E)
educational institutions, local educational agencies, and other training providers; and
(F)
local civil rights organizations and community-based organizations, including organizations representing underserved communities.
(c)

Contents
The strategic plan may contain, as applicable to the community, the following:
(1)
A description and analysis of the capacity of the eligible community to achieve economic adjustment to the impact of trade.
(2)
An analysis of the economic development challenges and opportunities facing the community, including the strengths and weaknesses of the economy of the community.
(3)
An assessment of—
(A)
the commitment of the community to carry out the strategic plan on a long-term basis;
(B)
the participation and input of members of the community who are dislocated from employment due to the impact of trade; and
(C)
the extent to which underserved communities have been impacted by trade.
(4)
A description of how underserved communities will benefit from the strategic plan.
(5)
A description of the role of the entities described in subsection (b)(2) in developing the strategic plan.
(6)
A description of projects under the strategic plan to facilitate the community’s economic adjustment to the impact of trade, including projects to—
(A)
develop public facilities, public services, jobs, and businesses (including establishing a revolving loan fund);
(B)
provide for planning and technical assistance;
(C)
provide for training;
(D)
provide for the demolition of vacant or abandoned commercial, industrial, or residential property;
(E)
redevelop brownfields;
(F)
establish or support land banks;
(G)
support energy conservation; and
(H)
support historic preservation.
(7)
A strategy for continuing the community’s economic adjustment to the impact of trade after the completion of such projects.
(8)
A description of the educational and training programs and the potential employment opportunities available to workers in the community, including for workers under the age of 25, and the future employment needs of the community.
(9)
An assessment of—
(A)
the cost of implementing the strategic plan; and
(B)
the timing of funding required by the community to implement the strategic plan.
(10)
A description of the methods of financing to be used to implement the strategic plan, including—
(A)
an implementation grant received under section 274 or under other authorities;
(B)
a loan, including the establishment of a revolving loan fund; or
(C)
other types of financing.
(11)
An assessment of how the community will address unemployment among agricultural commodity producers, if applicable.
(d)

Approval; CEDS equivalent
(1)

Approval
The Secretary shall approve the strategic plan developed by an eligible community under this section if the Secretary determines that the strategic plan meets the requirements of this section.
(2)

CEDS or equivalent
The Secretary may deem an eligible community’s Comprehensive Economic Development Strategy that substantially meets the requirements of this section to be an approved strategic plan for purposes of this subchapter.
(e)

Allocation
Of the funds appropriated to carry out this chapter for each of the fiscal years 2022 through 2026, the Secretary may make available not more than $50,000,000 to award grants under section 274(a)(1).
276.

Coordination of Federal response and other additional technical assistance
(a)

In general
The Secretary shall coordinate the Federal response with respect to an eligible community that is awarded an implementation grant under section 274(a)(2) to implement the community’s strategic plan that meets the requirements of section 275 by—
(1)
identifying and consulting, as appropriate, with any other Federal, State, regional, or local government agency;
(2)
assisting the community to access assistance from other available Federal sources as necessary to fulfill the community’s strategic plan developed under section 275; and
(3)
ensuring that such assistance is provided in a targeted, integrated manner.
(b)

Transfer of funds
(1)

Transfer of funds to other Federal agencies
Subject to paragraph (3), funds appropriated to carry out this chapter may be transferred between Federal agencies, if the funds are used for the purposes for which the funds are specifically appropriated.
(2)

Transfer of funds from other Federal agencies
(A)

In general
Subject to paragraph (3) and subparagraph (B), for the purposes of this chapter, the Secretary may accept transfers of funds from other Federal agencies if the funds are used for the purposes for which (and in accordance with the terms under which) the funds are specifically appropriated.
(B)

Use of funds
The transferred funds—
(i)
shall remain available until expended; and
(ii)
may, to the extent necessary to carry out this chapter, be transferred to and merged by the Secretary with the appropriations for salaries and expenses.
(3)

Availability
The transfer authorities provided by this subsection shall not apply with respect to amounts made available by an appropriations Act.
(c)

Additional technical assistance
In addition to the coordination and assistance described in subsection (a), the Secretary shall provide technical assistance for communities—
(1)
to identify significant impediments to economic development that result from the impact of trade on the community, including in the course of developing a strategic plan under section 275; and
(2)
to access assistance under other available sources, including State, local, territorial, or private sources, to implement projects that diversify and strengthen the economy in the community.
277.

General provisions
(a)

Regulations
(1)

In general
The Secretary shall, subject to paragraph (3), promulgate such regulations as may be necessary to carry out this subchapter, including with respect to—
(A)
administering the awarding of grants under section 274, including establishing guidelines for the submission and evaluation of grant applications under such section; and
(B)
establishing guidelines for the evaluation of strategic plans developed to meet the requirements of section 275.
(2)

Consultations
The Secretary shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than 90 days prior to promulgating any final rule or regulation under this subsection.
(3)

Relationship to existing regulations
The Secretary, to the maximum extent practicable, shall—
(A)
rely on and apply regulations promulgated to carry out other economic development programs of the Department of Commerce in carrying out this subchapter; and
(B)
provide guidance regarding the manner and extent to which such other economic development programs relate to this subchapter.
(b)

Resources
The Secretary shall allocate such resources as may be necessary to provide sufficiently individualized assistance to each eligible community that receives a grant under section 274(a) or seeks technical assistance under section 276(c) to develop and implement a strategic plan that meets the requirements of section 275.”.
(b)

Clerical amendment
The table of contents for the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting the following:
“Chapter 4—Trade adjustment assistance for communities
Subchapter A—Trade adjustment assistance for communities
Sec. 271. Definitions.
Sec. 272. Establishment of trade adjustment assistance for communities program.
Sec. 273. Eligibility; notification of eligibility.
Sec. 274. Grants to eligible communities.
Sec. 275. Strategic plans.
Sec. 276. Coordination of Federal response and other additional technical assistance.
Sec. 277. General provisions.
Subchapter B—Community College and Career Training Grant Program
Sec. 279. Community College and Career Training Grant Program.
Sec. 279A. Authorization of appropriations.”.
101302.

Trade adjustment assistance for community colleges and career training
Section 279 of the Trade Act of 1974, as redesignated by section 101301(a)(2), is amended as follows:
(1)
In subsection (a)—
(A)
in paragraph (1), by striking “eligible institutions” and inserting “eligible entities”; and
(B)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by striking “eligible institution” and inserting “eligible entity”; and
(ii)
in subparagraph (B)—
(I)
by striking “$1,000,000” and inserting “$2,500,000”;
(II)
by striking “(B)” and inserting “(B)(i) in the case of an eligible institution,”;
(III)
by striking the period at the end and inserting “; or”; and
(IV)
by adding at the end the following:
“(ii)
in the case of a consortium of eligible institutions, a grant under this section in excess of $15,000,000.”.
(2)
In subsection (b), by adding at the end the following:
“(3)

Eligible entity
The term “eligible entity” means an eligible institution or a consortium of eligible institutions.
(4)

Underserved community
The term “underserved community” has the meaning given that term in section 247.”.
(3)
In subsection (c)—
(A)
by striking “eligible institution” each place it appears and inserting “eligible entity”; and
(B)
in paragraph (5)(A)(i)—
(i)
in subclause (I), by striking “and” at the end; and
(ii)
by adding at the end the following:
“(III)
any opportunities to support industry or sector partnerships to develop or expand quality academic programs and curricula; and”.
(4)
In subsection (d), by striking “eligible institution” each place it appears and inserting “eligible entity”.
(5)
By redesignating subsection (e) as subsection (h) and inserting after subsection (d) the following:
“(e)

Use of funds
(1)

In general
An eligible entity shall use a grant awarded under this section to establish and scale career training programs, including career and technical education programs, and career pathways and supports for students participating in such programs.
(2)

Student support and emergency services
Not less than 15 percent of the amount of a grant awarded to an eligible entity under this section shall be used to carry out student support services, which may include the following:
(A)
Supportive services, including childcare, transportation, mental health services, or substance use disorder prevention and treatment, assistance in obtaining health insurance coverage, housing, and other benefits, as appropriate.
(B)
Connecting students to State or Federal means-tested benefits programs.
(C)
The provision of direct financial assistance to help students facing financial hardships that may impact enrollment in or completion of a program supported by such funds.
(D)
Navigation, coaching, mentorship, and case management services, including providing information and outreach to the population described in subparagraph (C) to take part in such a program.
(E)
Providing access to necessary supplies, materials, technological devices, or required equipment, and other supports necessary to participate in such a program.
(f)

Plan for outreach to underserved communities
(1)

In general
In awarding grants under this section, the Secretary shall—
(A)
ensure that eligible institutions effectively serve individuals from underserved communities; and
(B)
develop a plan to ensure that grants provided under this subchapter effectively serve individuals from underserved communities.
(2)

Updates
The Secretary shall update the plan required by paragraph (1)(B) on an annual basis.
(3)

Submission to Congress
The Secretary shall submit the plan required by paragraph (1)(B) and each update to the plan required by paragraph (2) to Congress.
(g)

Geographic diversity
The Secretary shall, in awarding grants under this section, ensure that grants are awarded with respect to eligible entities from geographically diverse areas.”.
D

Trade adjustment assistance for farmers
101401.

Definitions
Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended—
(1)
by striking paragraph (3);
(2)
by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; and
(3)
by adding at the end the following:
“(7)

Underserved community
The term underserved community has the meaning given that term in section 247.” .
101402.

Group eligibility requirements
Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is amended—
(1)
in subsection (c)—
(A)
in paragraph (1)—
(i)
by striking “85 percent of” each place it appears; and
(ii)
in subparagraph (D), by adding “and” at the end;
(B)
in paragraph (2), by striking “(2)” and inserting “(2)(A)(i)”;
(C)
by redesignating paragraph (3) as clause (ii) of paragraph (2)(A) (as designated by subparagraph (B));
(D)
in clause (ii) of paragraph (2)(A) (as redesignated by subparagraph (C))—
(i)
by striking “importantly”; and
(ii)
by striking the period at the end and inserting “; or”; and
(E)
in paragraph (2), by adding at the end the following:
“(B)
(i)
the volume of exports of the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition decreased compared to the average volume of such exports during the 3 marketing years preceding such marketing year; and
(ii)
the decrease in such exports contributed to the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity, as described in paragraph (1).”; and
(2)
in subsection (e)(3), by adding at the end before the period the following: “or exports”.
101403.

Benefit information to agricultural commodity producers
Section 295(a) of the Trade Act of 1974 (19 U.S.C. 2401d(a)) is amended by adding at the end the following: “The Secretary shall develop a plan to conduct targeted sustained outreach and offer assistance to agricultural commodity producers from underserved communities”.
101404.

Qualifying requirements and benefits for agricultural commodity producers
Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended—
(1)
in subsection (a)(1)(A), by striking “90 days” and inserting “120 days”;
(2)
in subsection (b)—
(A)
in paragraph (3)(B), by striking “$4,000” and inserting “$12,000”; and
(B)
in paragraph (4)(C), by striking “$8,000” and inserting “$24,000”;
(3)
in subsection (c), by striking “$12,000” and inserting “$36,000”; and
(4)
by adding at the end the following new subsection:
“(e)

Adjustments for inflation
(1)

In general
The Secretary of Agriculture shall adjust each dollar amount limitation described in this section on the date that is 30 days after the date of the enactment of this subsection, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020.
(2)

Special rules for calculation of adjustment
In making an adjustment under paragraph (1), the Secretary—
(A)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and
(B)
may ignore any such increase of less than 1 percent.
(3)

Consumer Price Index defined
For purposes of this subsection, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”.
E

Authorizations of appropriations and other matters
101501.

Extension of trade adjustment assistance program
(a)

Extension of termination provisions
Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking “2021” each place it appears and inserting “2028”.
(b)

Training funds
Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) , as amended by section 133110(c)(2)(B), is further amended—
(1)
by striking “shall not exceed $450,000,000” and inserting the following:
“shall not exceed—
(i)
$450,000,000”;
(2)
by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(ii)
$1,000,000,000 for each of the fiscal years 2022 through 2028.”.
(c)

Reemployment trade adjustment assistance
Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking “2021” and inserting “2028”.
(d)

Authorizations of appropriations
(1)

Trade adjustment assistance for workers
Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended—
(A)
in subsection (a), by striking “2021” and inserting “2028”; and
(B)
by adding at the end the following:
“(d)

Reservation by the Secretary
Of the funds appropriated to carry out this chapter for any fiscal year, the Secretary of Labor may reserve not more than 1 percent for administration (in addition to amounts otherwise available for such purposes), technical assistance, grants for pilots and demonstrations, and the evaluation of activities carried out under this chapter.”.
(2)

Trade adjustment assistance for firms
Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended in the first sentence by adding at the end before the period the following: “and $50,000,000 for each of the fiscal years 2022 through 2028”.
(3)

Trade adjustment assistance for communities
(A)

In general
There is authorized to be appropriated for each of fiscal years 2022 through 2026 $1,000,000,000 to carry out subchapter A of chapter 4 of title II of the Trade Act of 1974, as added by section 101301 of this Act.
(B)

Salaries and expenses
Of the amounts appropriated pursuant to the authorization under subparagraph (A) for each of fiscal years 2022 through 2026, not more than $40,000,000 is authorized to be made available for the salaries and expenses of personnel administering subchapter A of chapter 4 of title II of the Trade Act of 1974.
(C)

Supplement and not supplant
Amounts appropriated pursuant to the authorization under subparagraph (A) for each of the fiscal years 2022 through 2026 shall be used to supplement, and not supplant, other Federal, State, regional, and local government funds made available to provide economic development assistance for communities.
(4)

Trade adjustment assistance for community colleges and career training
(A)

In general
There is authorized to be appropriated for each of fiscal years 2022 through 2028 $1,300,000,000 to carry out subchapter B of chapter 4 of title II of the Trade Act of 1974, as designated by section 101301 of this Act.
(B)

Reservation by the secretary
Of the funds appropriated to carry out subchapter B of chapter 4 of title II of the Trade Act of 1974 for each of fiscal years 2002 through 2028, the Secretary of Labor may reserve not more than 5 percent for administration of the program, including providing technical assistance, sustained outreach to eligible institutions effectively serving minority or low-income populations, grants for pilots and demonstrations, and a rigorous third-party evaluation of the program.
(5)

Trade adjustment assistance for farmers
Section 298 of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended—
(A)
in subsection (a)—
(i)
by striking “$90,000,000” and inserting “$50,000,000”; and
(ii)
by striking “2021” and inserting “2028”; and
(B)
by adding at the end the following:
“(c)

Reservation by the Secretary
Of the funds appropriated to carry out this chapter for any fiscal year, the Secretary of Agriculture may not reserve more than 5 percent for technical assistance, pilots and demonstrations, and the evaluation of activities carried out under this chapter.” .
101502.

Applicability of trade adjustment assistance provisions
(a)

Workers certified before date of enactment
(1)

In general
Except as provided in paragraphs (2) and (3), a worker certified as eligible for adjustment assistance under section 222 of the Trade Act of 1974 before the date of the enactment of this Act shall be eligible, on and after such date of enactment, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment.
(2)

Computation of maximum benefits
Benefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment.
(3)

Authority to make adjustments to benefits
For the 90-day period beginning on the date of the enactment of this Act, the Secretary is authorized to make any adjustments to benefits to workers described in paragraph (1) that the Secretary determines to be necessary and appropriate in applying and administering the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment, in a manner that ensures parity of treatment between the benefits of such workers and the benefits of workers certified after such date of enactment.
(b)

Workers not certified pursuant to certain petitions filed before date of enactment
(1)

Certifications of workers not certified before date of enactment
(A)

Criteria if a determination has not been made
If, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment.
(B)

Reconsideration of denials of certifications
If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall—
(i)
reconsider that determination; and
(ii)
if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance.
(C)

Petition described
A petition described in this subparagraph is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2021, and before the date of the enactment of this Act.
(2)

Eligibility for benefits
(A)

In general
Except as provided in subparagraph (B), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in paragraph (1)(C) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment.
(B)

Computation of maximum benefits
Benefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment.
(c)

Conforming amendments
(1)

Trade Act of 2002
Section 151 of the Trade Act of 2002 (19 U.S.C. note prec. 2271) is amended by striking subsections (a), (b), and (c).
(2)

Trade and Globalization Adjustment Assistance Act of 2009
Section 1891 of the Trade and Globalization Adjustment Assistance Act of 2009 (19 U.S.C. 2271 note) is repealed.
(3)

Trade Adjustment Assistance Extension Act of 2011
The Trade Adjustment Assistance Extension Act of 2011 is amended—
(A)
in section 201 (19 U.S.C. note prec. 2271), by striking subsections (b) and (c); and
(B)
in section 231(a) (19 U.S.C. 2271 note), by striking paragraphs (1)(B) and (2).
(4)

Trade Adjustment Assistance Reauthorization Act of 2015
The Trade Adjustment Assistance Reauthorization Act of 2015 is amended—
(A)
in section 402 (19 U.S.C. note prec. 2271), by striking subsections (b) and (c); and
(B)
in section 405(a)(1) (19 U.S.C. 2319(a)(1)), by striking subparagraph (B).
(d)

Trade adjustment assistance for firms
(1)

Certification of firms not certified before date of enactment
(A)

Criteria if a determination has not been made
If, as of the date of the enactment of this Act, the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment.
(B)

Reconsideration of denial of certain petitions
If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall—
(i)
reconsider that determination; and
(ii)
if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance.
(C)

Petition described
A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 on or after January 1, 2021, and before the date of the enactment of this Act.
(2)

Certification of firms that did not submit petitions between january 1, 2021, and date of enactment
(A)

In general
The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974, as in effect on the date of the enactment of this Act, if the firm or its representative files a petition for a certification of eligibility under section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment.
(B)

Firm described
A firm described in this subparagraph is a firm that the Secretary determines would have been certified as eligible to apply for adjustment assistance if—
(i)
the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on January 1, 2021, and ending on the day before the date of the enactment of this Act; and
(ii)
the provisions of chapter 3 of title II of the Trade Act of 1974, as in effect on such date of enactment, had been in effect on that date during the period described in clause (i).
F

Health Care Tax Credit
101601.

Permanent credit for health insurance costs
(a)

In general
Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking “, and before January 1, 2022” and inserting a period.
(b)

Increase in credit percentage
Subsection (a) of section 35 of the Internal Revenue Code of 1986 is amended by striking “72.5 percent” and inserting “80 percent”.
(c)

Conforming amendments
Subsections (b) and (e)(1) of section 7527 of the Internal Revenue Code of 1986 are each amended by striking “72.5 percent” and inserting “80 percent”.
(d)

Effective date
The amendments made by this section shall apply to coverage months beginning after December 31, 2021.
II

Improvements to trade remedies laws
A

Successive Investigations
102001.

Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations
(a)

In general
Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended—
(1)
by redesignating subparagraphs (E) through (J) as subparagraphs (F) through (K), respectively;
(2)
in subparagraph (I), as redesignated by paragraph (1)—
(A)
by striking “subparagraph (G)(ii)” and inserting “subparagraph (H)(ii)”; and
(B)
by striking “subparagraph (F)” and inserting “subparagraph (G)”; and
(3)
by inserting after subparagraph (D) the following:
“(E)

Special rules for successive investigations
(i)

In general
(I)

Evaluation of impact on domestic industry
In evaluating the impact of imports of the merchandise on producers of domestic like products under subparagraph (C)(iii), the Commission shall—
- (aa)
consider the condition of the domestic industry as found in a recently completed investigation;
- (bb)
consider the effect of a concurrent investigation or recently completed investigation on trade and the financial performance of the domestic industry; and
- (cc)
take into account the considerations described in items (aa) and (bb), include in the record any prior injury determinations by the Commission with respect to imports of the merchandise.
(II)

Effect of recent improvement on material injury determination
For the purposes of this subparagraph, the Commission may not find that there is no material injury or threat of material injury to a domestic industry solely based on recent improvements in the industry’s performance, such as an increase in sales, market share, or profitability of domestic producers, that are related to relief granted pursuant to a concurrent investigation or recently completed investigation.
(ii)

Retroactive application of final determination
In making any finding under section 705(b)(4)(A) or 735(b)(4)(A) in a successive investigation, the Commission shall determine that a concurrent investigation or recently completed investigation contributes to the likelihood that the remedial effect of the countervailing duty order to be issued under section 706 or the antidumping duty order to be issued under section 736 will be seriously undermined.”.
(b)

Definitions
Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following:
“(37)

Treatment of successive investigations
For purposes of sections 702(f), 732(f), and 784, as well as paragraph (7)(E) of this section:
(A)

Concurrent investigation
The term “concurrent investigation” means an ongoing investigation in which an affirmative determination under section 703(a) or 733(a) has been made by the Commission with respect to imports of a same class or kind of merchandise that are the same or similar to imports of a same class or kind of merchandise from another country that are the subject of a successive investigation.
(B)

Recently completed investigation
The term “recently completed investigation” means a completed investigation in which an affirmative determination under section 705(b) or 735(b) was issued by the Commission with respect to imports of a class or kind of merchandise that are the same or similar to imports of a class or kind of merchandise from another country that are the subject of a successive investigation not more than 2 years before the date of initiation of the successive investigation.
(C)

Successive investigation
The term “successive investigation” means an investigation that has been initiated by the administering authority following a petition filed pursuant to section 702(f) or 732(f).”.
102002.

Initiation of successive antidumping and countervailing duty investigations
(a)

Countervailing duty investigation
Section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) is amended by adding at the end the following:
“(f)

Initiation by administering authority of successive countervailing duty investigation
A successive investigation shall be initiated—
(1)
under subsection (a), if—
(A)
the requirements under that subsection are met with respect to imports of a class or kind of merchandise; and
(B)
imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation; or
(2)
under subsection (b), if—
(A)
the determinations under clauses (i) and (ii) of subsection (c)(1)(A) are affirmative with respect to imports of a class or kind of merchandise; and
(B)
imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation.”.
(b)

Antidumping duty investigation
Section 732 of the Tariff Act of 1930 (19 U.S.C. 1673a) is amended by adding at the end the following:
“(f)

Initiation by administering authority of successive antidumping duty investigation
A successive investigation shall be initiated—
(1)
under subsection (a), if—
(A)
the requirements under that subsection are met with respect to imports of a class or kind of merchandise; and
(B)
imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation; or
(2)
under subsection (b), if—
(A)
the determinations under clauses (i) and (ii) of subsection (c)(1)(A) are affirmative with respect to imports of a class or kind of merchandise; and
(B)
imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation.”.
102003.

Issuance of determinations with respect to successive antidumping and countervailing duty investigations
(a)

In general
Subtitle D of title VII of the Tariff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by adding at the end the following:
“784.

Determinations relating to successive investigations
(a)

In general
Notwithstanding any other provision of this title, the administering authority—
(1)
with respect to a successive investigation under section 702(f)—
(A)
shall issue a preliminary determination under section 703(b) not later than 85 days after initiating the investigation;
(B)
may not postpone under section 703(c) such deadline for the issuance of a preliminary determination unless requested by the petitioner;
(C)
shall obtain the information required for a determination under section 703(e);
(D)
shall make a determination under section 703(e) with respect to the investigation;
(E)
shall issue a final determination under section 705(a) not later than 75 days after issuing the preliminary determination under subparagraph (A); and
(F)
shall extend the date of the final determination under section 705(a) if requested by the petitioner; and
(2)
with respect to a successive investigation under section 732(f)—
(A)
shall issue a preliminary determination under section 733(b) not later than 140 days after initiating the investigation;
(B)
may not postpone under section 733(c) such deadline for the issuance of a preliminary determination unless requested by the petitioner;
(C)
shall obtain the information required for a determination under section 733(e);
(D)
shall make a determination under section 733(e) with respect to the investigation;
(E)
shall issue a final determination under section 735(a) not later than 75 days after issuing the preliminary determination under subparagraph (A); and
(F)
may extend the date of the final determination under section 735(a)(2).”.
(b)

Clerical amendment
The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following:
“Sec.784. Determinations relating to successive investigations.”.
B

Responding to Market Distortions
102101.

Addressing cross-border subsidies in countervailing duty investigations
(a)

In general
Section 701(d) of the Tariff Act of 1930 (19 U.S.C. 1671(d)) is amended—
(1)
in the subsection heading, by striking “international consortia” and inserting “special rules”;
(2)
by striking “For purposes” and inserting the following:
“(1)

International consortia and multinational corporations
For purposes”;
(3)
in paragraph (1), as so designated, by inserting after “in their respective home countries,” the following: “or multinational corporations that are engaged in the production of subject merchandise receive countervailable subsidies to assist, permit, or otherwise enable their production or manufacturing operations in the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States,”; and
(4)
by adding at the end the following:
“(2)

Transnational subsidies
(A)

In general
For purposes of this subtitle, if there is a countervailable subsidy conferred by a government of a country or any public entity within the territory of a country that is not the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States and the government of the country or any public entity within the territory of the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States (hereafter in this subparagraph referred to as the “subject merchandise country”) facilitates the provision of such subsidy, then the administering authority shall treat the subsidy as having been provided by the government of the subject merchandise country or a public entity within the territory of the subject merchandise country and shall cumulate all such countervailable subsidies, as well as countervailable subsidies provided directly or indirectly by the government or any public entity within the territory of the subject merchandise country.
(B)

Application
This paragraph shall be applied in a manner consistent with the international obligations of the United States.”.
(b)

Definitions
Subtitle D of title VII of the Tariff Act of 1930 is amended as follows:
(1)
In section 771 (19 U.S.C. 1677)—
(A)
in paragraph (5A)—
(i)
in subparagraph (A), by striking “pursuant to subparagraph (D)” and inserting “pursuant to subparagraph (E)”;
(ii)
by redesignating subparagraph (D) as subparagraph (E); and
(iii)
by inserting after subparagraph (C) the following:
“(D)

Transnational subsidy
In determining whether a transnational subsidy, including subsidies described in subparagraph (B) or (C) is a specific subsidy, in law or in fact, the administering authority shall examine the subsidy practice of the government or public entity that conferred the subsidy.”;
(B)
in paragraph (9)—
(i)
in subparagraph (F), by striking “and” at the end;
(ii)
in subparagraph (G), by striking the period at the end and inserting “and”; and
(iii)
by adding at the end the following:
“(H)
in any investigation under subtitle A involving a transnational subsidy, the government of the country that confers the transnational subsidy.”; and
(C)
by adding at the end the following:
“(38)

Transnational subsidy
The term “transnational subsidy”, with respect to subject merchandise, means a subsidy conferred by a country that is not the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States to the producer, exporter, or supplier of the producer or exporter, of the subject merchandise.
(39)

Multinational corporation
The term “multinational corporation” means a person, firm, or corporation which owns or controls, directly or indirectly, facilities for the production of subject merchandise in two or more foreign countries.”.
(2)
In section 771A(a)(1), by striking “in the same country as the authority”.
102102.

Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the ordinary course of trade
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end the following:
“(D)
Situations in which the quantity of a foreign like product selected for comparison under paragraph (16) is insufficient to establish that the conditions and practices associated with such sales have been normal in the trade under consideration for a reasonable period of time prior to the exportation of the subject merchandise, and permit a proper comparison to the export price or constructed export price.”.
102103.

Modification of adjustments to export price and constructed export price with respect to duty drawback
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(1)(B)) is amended—
(1)
by striking “any”; and
(2)
by inserting after “United States” the following: “, but that amount shall not exceed the per unit amount of such duties contained in the weighted average cost of production”.
102104.

Modification of determination of constructed value to include distortions of costs that occur in foreign countries
(a)

In general
Section 773(b)(3) of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(3)) is amended—
(1)
in subparagraph (A), by striking “business” and inserting “trade”; and
(2)
in the matter following subparagraph (C), by inserting before “For purposes” the following: “For purposes of subparagraph (A), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.”.
(b)

Modification of definition of ordinary course of trade to include adjusted costs
Section 771(15)(C) of the Tariff Act of 1930 (19 U.S.C. 1677(15)(C)) is amended—
(1)
by striking “that the particular market situation prevents” and inserting
“that a particular market situation exists that—
(i)
prevents”;
(2)
in clause (i), as designated by paragraph (1), by striking the period at the end and inserting “, relating to normal value determined under subsection (a) of section 773; or”; and
(3)
by adding at the end the following:
“(ii)
distorts certain costs of production, relating to normal value determined under subsections (b) and (e) of section 773.”.
102105.

Special rules for calculation of cost of production and constructed value to address distorted costs
(a)

In general
Section 773(f)(3) of the Tariff Act of 1930 (19 U.S.C. 1677b(f)(3)) is amended—
(1)
by striking “(3) Major input rule.—If” inserting the following:
“(3)

Major input rule
(A)

In general
If”; and
(2)
by adding at the end of the following:
“(B)

Major inputs from certain unaffiliated persons
(i)

In general
In the case of a transaction between the exporter or producer of the merchandise and any unaffiliated persons described in clause (ii) involving a major input to the merchandise, the administering authority may value such major input based on the information available as to what the amount would have been if the transaction had occurred between the exporter or producer of the merchandise and any unaffiliated persons other than unaffiliated persons described in clause (ii), if such amount is greater than that reflected in the records of the exporter or producer of the merchandise.
(ii)

Unaffiliated persons described
Unaffiliated persons described in this clause include—
(I)
any person in a nonmarket economy country;
(II)
any producer, exporter, or supplier of the input described in clause (i) found by the administering authority, or by any investigating authority of a third country, to be receiving a subsidy pertaining to an identical or comparable input in the respective country;
(III)
any producer, exporter, or supplier of the input described in clause (i) found by the administering authority, or by any investigating authority of a third country, to be selling an identical or comparable input for less than fair market value in the respective country;
(IV)
a government or public body operating within the territory of the exporting country or in any other country; or
(V)
a group of governments or public bodies that collectively account for a meaningful share of the production of the input in the exporting country or in any other country.”.
C

Preventing Circumvention
102201.

Modification of requirements in circumvention inquiries
(a)

In general
Section 781 of the Tariff Act of 1930 (19 U.S.C. 1677j) is amended by striking subsection (f) and inserting the following:
“(f)

Procedures for conducting circumvention inquiries
(1)

Initiation by administering authority
A circumvention inquiry shall be initiated whenever the administering authority determines, from information available to it, that a formal inquiry is warranted into the question of whether the elements necessary for a determination under this section exist.
(2)

Initiation by inquiry request
(A)

In general
A circumvention inquiry shall be initiated whenever an interested party files an inquiry request that alleges the elements necessary for a determination under this section, accompanied by information reasonably available to the requestor supporting those allegations.
(B)

Rules
The administering authority shall specify requirements for the contents and service of an inquiry request under subparagraph (A).
(3)

Action with respect to inquiry request
(A)

In general
Not later than 30 days after the filing of an inquiry request under paragraph (2)(A), the administering authority shall—
(i)
initiate a circumvention inquiry;
(ii)
dismiss the inquiry request as inadequate and notify the requestor in writing of the reasons for the dismissal; or
(iii)
notify all interested parties that the inquiry request will be addressed through a determination (other than a determination under this section) by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order.
(B)

Extension
The administering authority may extend the deadline under subparagraph (A) by a period not to exceed 15 days.
(4)

Determinations
(A)

Preliminary determinations
(i)

In general
Except as provided in clause (ii), not later than 90 days after the date on which the initiation of a circumvention inquiry under paragraph (1) or (3)(A) is published, the administering authority shall make a preliminary determination, based on the information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order.
(ii)

Extension
The administering authority may extend the deadline under clause (i) by a period not to exceed 45 days.
(B)

Final determinations
(i)

In general
Except as provided in clause (ii), not later than 120 days after the date on which the preliminary determination is published under subparagraph (A) with respect to a circumvention inquiry, the administering authority shall make a final determination of whether the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order.
(ii)

Extension
The administering authority may extend the deadline under clause (i) by a period not to exceed 60 days.
(C)

Other class or kind determinations
If an inquiry request under paragraph (2)(A) is addressed through a class or kind determination described in paragraph (3)(C), the administering authority shall make such determination not later than 335 days after the filing of the inquiry request.
(5)

Rule of construction
The administering authority may simultaneously initiate a circumvention inquiry under paragraph (1) or (3)(A) and issue a preliminary determination under paragraph (4)(A) if the pattern of circumvention alleged is similar to that of a prior final determination by the administering authority.”.
(b)

Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry; application of circumvention determination
Section 781 of the Tariff Act of 1930 (19 U.S.C. 1677j) is further amended by adding at the end the following:
“(g)

Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry
(1)

In general
If the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A) of subsection (f), for each unliquidated entry of merchandise subject to the circumvention inquiry entered or withdrawn from warehouse, that is already suspended, the administering authority shall order—
(A)
the continued suspension of liquidation of such entries; and
(B)
the continued posting of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for such entries.
(2)

Preliminary determination
If the administering authority issues a preliminary affirmative determination under paragraph (4)(A) of subsection (f), the administering authority shall order—
(A)
the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f);
(B)
the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f) if the administering authority determines, in light of the circumstances, that such suspension under this paragraph is warranted; and
(C)
the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable, for each entry of merchandise described in subparagraphs (A) and (B).
(3)

Final determination
If the administering authority issues a final affirmative determination under paragraph (4)(B) of subsection (f), the administering authority shall order—
(A)
the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f);
(B)
the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f) if the administering authority determines, in light of the circumstances, that such suspension under this paragraph is warranted; and
(C)
the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable, for each entry of merchandise described in subparagraphs (A) and (B).
(4)

Rule of construction
Nothing in this section shall be construed to prevent the administering authority from applying the requirements under this subsection in a class or kind determination described in subsection (f)(3)(C).
(h)

Application of circumvention determination
(1)

In general
The administering authority shall consider the appropriate remedy to address circumvention and to prevent evasion of the order pursuant to a determination described in subsections (4)(f)(A) and (B). Such remedies may include the following:
(A)
The application of the determination on a producer-specific, exporter-specific, importer-specific basis, or some combination thereof, and, as appropriate, the implementation of a certification requirement under section 785.
(B)
The application of the determination on a countrywide basis to all products from the same country, regardless of producer, exporter, or importer of those products, and, as appropriate, the implementation of a certification requirement under section 785.
(2)

Exemption for certification
When a certification requirement is implemented under this paragraph and the eligible importer or other party complies with that requirement, antidumping and countervailing duties under this title may not be applied to the merchandise under certification.”.
(c)

Publication in the federal register
Section 777(i) of the Tariff Act of 1930 is amended by adding at the end the following:
“(4)

Circumvention inquiries
Whenever the administering authority makes a determination under section 781 whether to initiate a circumvention inquiry, or makes a preliminary or final determination under subsection (f)(4) of that section, the administering authority shall publish the facts and conclusions supporting that determination and shall publish notice of that determination in the Federal Register.”.
(d)

Adding verification responses in circumvention inquiries
Section 782(i) of the Tariff Act of 1930 (19 U.S.C. 1677m(i)) is amended—
(1)
in paragraph (2), by striking “and” at the end;
(2)
in paragraph (3)(B), by striking the period at the end and inserting “, and”; and
(3)
by adding at the end the following:
“(4)
a final determination in a circumvention inquiry conducted pursuant to section 781 if good cause for verification is shown.”.
102202.

Requirement of provision by importer of certification by importer or other party
(a)

In general
Subtitle D of title VII of the Tariff Act of 1930 (19 U.S.C. 1677 et seq.), as amended by section 102003(a), is further amended by adding at the end the following:
“785.

Requirement for certification by importer or other party
(a)

Requirement
(1)

In general
For imports of merchandise into the customs territory of the United States, the administering authority may require an importer or other party—
(A)
to provide by electronic means, at the time of entry or with the entry summary, a certification described in paragraph (2);
(B)
to maintain that certification; or
(C)
to otherwise demonstrate compliance with the requirements for that certification.
(2)

Certification described
A certification described in this paragraph is a certification by the importer of the merchandise or other party, as required by the administering authority, that among other things—
(A)
the merchandise is not subject to an antidumping or countervailing duty proceeding under this title; and
(B)
the inputs used in production, transformation, or processing of the merchandise are not subject to an antidumping or countervailing duty under this title.
(3)

Available upon request
A certification required by the administering authority under paragraph (1), if not already provided, shall be made available upon request to the administering authority or the Commissioner of U.S. Customs and Border Protection (in this section referred to as the “Commissioner”).
(b)

Authority to collect cash deposits and to assess duties
(1)

In general
If the administering authority requires an importer or other party to provide a certification described in paragraph (2) of subsection (a) for merchandise imported into the customs territory of the United States pursuant to paragraph (1) of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the administering authority shall instruct the Commissioner—
(A)
to suspend liquidation of the entry;
(B)
to require that the importer or other party post a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable to the merchandise; and
(C)
to assess the appropriate rate of duty upon liquidation or reliquidation of the entry.
(2)

Assessment rate
If no rate of duty for an entry is available at the time of assessment under paragraph (1)(C), the administering authority shall identify the applicable cash deposit rate to be applied to the entry, with the applicable duty rate to be provided as soon as the duty rate becomes available.
(c)

Penalties
If the administering authority requires an importer or other party to provide a certification described in paragraph (2) of subsection (a) for merchandise imported into the customs territory of the United States pursuant to paragraph (1) of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the importer of the merchandise may be subject to a penalty pursuant to section 592 of this Act, section 1001 of title 18, United States Code, or any other applicable provision of law.”.
(b)

Clerical amendment
The table of contents for the Tariff Act of 1930, as amended by section 102003(b), is further amended by inserting after the item relating to section 784 the following:
“Sec.785. Requirement for certification by importer or other party.”.
102203.

Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise
(a)

Determinations of class or kind of merchandise
To determine whether merchandise imported into the United States is within the class or kind of merchandise covered by an antidumping or countervailing duty proceeding under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the administering authority may use any reasonable method and is not bound by the determinations of any other Federal department or agency, including tariff classification and country of origin marking rulings issued by the Commissioner of U.S. Customs and Border Protection. Class or kind determinations may be made under this section or under section 781 in accordance with the criteria set forth in this section or in section 781.
(b)

Origin of merchandise
To determine the origin of merchandise for purposes of an antidumping or countervailing duty proceeding under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the administering authority may apply any reasonable method and may consider relevant factors, including—
(1)
whether the upstream and downstream products are within the same class or kind of merchandise;
(2)
whether an essential characteristic of the merchandise, or an essential component thereof, is substantially transformed in the country of exportation;
(3)
the physical characteristics of the merchandise;
(4)
the value added, nature, and sophistication of processing in the third country or countries;
(5)
the level of investment in the third country or countries; and
(6)
any other factors that the administering authority considers appropriate.
(c)

Reviewable determinations
Section 516A(a)(2)(A)(ii) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)(A)(ii)) is amended to read as follows:
“(ii)
the date of publication in the Federal Register of notice of a determination described in clause (iv) of subparagraph (B), or, if no such notice is published, the date on which the administering authority conveys a copy of such determination to an interested party who is a party to the proceeding,”.
102204.

Asset requirements applicable to nonresident importers
(a)

In general
Part III of title IV of the Tariff Act of 1930 (19 U.S.C. 1481 et seq.) is amended by inserting after section 484b the following:
“484c.

Asset requirements applicable to nonresident importers
(a)

Definitions
In this section:
(1)

Importer; nonresident importer
The terms “importer” and “nonresident importer” have the meanings given those terms in section 641(i).
(2)

Resident importer
The term “resident importer” means any importer other than a nonresident importer.
(b)

Requirements for nonresident importers
Except as provided in subsection (c), the Commissioner of U.S. Customs and Border Protection shall—
(1)
require a nonresident importer that imports merchandise into the United States to maintain assets in the United States sufficient to pay all duties that may potentially be applied to the merchandise; and
(2)
require a bond with respect to the merchandise in an amount sufficient to ensure full liability on the part of a nonresident importer and the surety of the importer based on the amount of assets the Commissioner determines to be sufficient under subsection (c).
(c)

Determination of amount of assets required to be maintained
For purposes of subsection (b)(1), the Commissioner shall calculate the amount of assets sufficient to pay all duties that may potentially be applied to merchandise imported by a nonresident importer, calculated using the declared customs value of the merchandise, of all duties, fees, interest, taxes, or other charges, and all deposits for duties, fees, interest, taxes, or other charges, that would apply with respect to the merchandise if the merchandise were subject to the highest rate of all duties applicable to such imported merchandise.
(d)

Maintenance of assets in the United States
(1)

In general
For purposes of subsection (b)(1), a nonresident importer of merchandise meets the requirement to maintain assets in the United States if the importer has clear title, at all times between the entry of the merchandise and the liquidation of the entry and payment in full of all corresponding bills issued as a result of the liquidation, to assets described in paragraph (2) with a value equal to the amount determined under subsection (c).
(2)

Assets described
An asset described in this paragraph is—
(A)
an asset held by a United States financial institution;
(B)
an interest in an entity organized under the laws of the United States or any jurisdiction within the United States; or
(C)
an interest in real or personal property located in the United States or any territory or possession of the United States.
(e)

Exceptions
The requirements of this section shall not apply with respect to a nonresident importer—
(1)
that is a validated Tier 2 or Tier 3 participant in the Customs–Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 961 et seq.); or
(2)
if the Commissioner is satisfied, based on certified information supplied by the importer and any other relevant evidence, that the Commissioner has the same or equivalent ability to collect all duties that may potentially be applied to merchandise imported by the importer as the Commissioner would have if the importer were a resident importer.
(f)

Procedures
(1)

In general
The Commissioner shall prescribe procedures for assuring that nonresident importers maintain the assets required by subsection (b).
(2)

Deadline
The Commissioner shall ensure the procedures required by paragraph (1) are prescribed and in effect not later than 90 days after the date of the enactment of this Act.
(g)

Penalties
(1)

In general
It shall be unlawful for any person to import into the United States any merchandise in violation of this section.
(2)

Civil penalties
Any person who violates paragraph (1) shall—
(A)
in the case of merchandise described in such paragraph with a domestic value that is equal to or greater than $50,000, be liable for a civil penalty of $50,000 for each such violation; or
(B)
in the case of merchandise described in such paragraph with a domestic value that is less than $50,000, be liable for a civil penalty equal to 50 percent of the amount of such domestic value for each such violation.
(3)

Other penalties
In addition to the penalties specified in paragraph (2), any violation of this section that violates any other provision of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301)) shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture, that may be imposed under that provision or title 18, United States Code.”.
(b)

Clerical amendment
The table of contents for the Tariff Act of 1930, as amended by sections 102003(b) and 102202(b), is further amended by inserting after the item relating to section 484b the following:
“Sec.484c. Asset requirements applicable to nonresident importers.”.
(c)

Effective date
Section 484c of the Tariff Act of 1930, as added by subsection (a)—
(1)
takes effect on the date of the enactment of this Act; and
(2)
applies with respect to merchandise entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after such date of enactment.
D

Countering currency undervaluation
102301.

Investigation or review of currency undervaluation under countervailing duty law
Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is amended by adding at the end the following:
“(6)

Currency undervaluation
For purposes of a countervailing duty investigation under this subtitle in which the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative and the petition includes an allegation of currency undervaluation by the government of a country or any public entity within the territory of a country that meets the requirements of clause (i) of that paragraph, or for purposes of a review under subtitle C with respect to a countervailing duty order involving such an allegation, the administering authority shall examine in its investigation or review whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy.”.
102302.

Determination of benefit with respect to currency undervaluation
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended—
(1)
in clause (iii), by striking “, and” and inserting a comma;
(2)
in clause (iv), by striking the period at the end and inserting “, and”;
(3)
by inserting after clause (iv) the following:
“(v)
in the case of a transaction involving currency, if there is a difference between the amount of currency received in exchange for United States dollars and the amount of currency that the recipient would have received absent an undervalued currency.”; and
(4)
in the flush text following clause (v), as added by paragraph (3), by adding at the end the following: “For purposes of clause (v), a determination of the existence and amount of a benefit from the exchange of an undervalued currency shall take into account a comparison of the exchange rates derived from a methodology determined by the administering authority to be appropriate in light of the facts and circumstances to the relevant actual exchange rates. That determination shall rely on authoritative information that is on the administrative record.”.
E

Preventing duty evasion
102401.

Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders
The Tariff Act of 1930 is amended—
(1)
in section 514(b) (19 U.S.C. 1514(b))—
(A)
by striking “title, determinations” and inserting “title, or with respect to determinations made under section 517 of this title which are reviewable under subsection (g) of such section, determinations”; and
(B)
by inserting after “a determination listed in section 516A of this title” the following: “or a determination listed in section 517 of this title, as the case may be,”; and
(2)
in section 517(h) (19 U.S.C. 1517(h)), by adding at the end before the period the following: “, except that any decision as to the liquidation or reliquidation of an entry of covered merchandise in accordance with a determination under subsection (c) and review under subsection (f), if applicable, shall not be subject to a protest of such decision filed in accordance with section 514”.
102402.

Procedures for investigating claims of evasion of safeguard actions
(a)

Tariff Act of 1930
Section 517 of the Tariff Act of 1930 (19 U.S.C. 1517) is amended—
(1)
in the section heading, by adding at the end before the period the following: “and safeguard actions”;
(2)
in subsection (a)—
(A)
in paragraph (3)—
(i)
in subparagraph (A), by striking “or” at the end;
(ii)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following:
“(C)
an action taken under section 203 of the Trade Act of 1974 (19 U.S.C. 2253).”; and
(B)
in paragraph (5)(A), by inserting after “applicable antidumping or countervailing duties” the following: “or any applicable safeguard action”;
(3)
in subparagraphs (A) and (B) of subsection (b)(4), by inserting after “covered merchandise” each place it appears the following: “under subparagraph (A) or (B) of subsection (a)(3)”;
(4)
in subsection (d)(1)—
(A)
in subparagraph (C)—
(i)
in the matter preceding clause (i), by inserting after “(C)” the following: “if the determination relates to covered merchandise under subparagraph (A) or (B) of subsection (a)(3),”; and
(ii)
in clause (i), by inserting after “subparagraphs (A) and (B)” the following: “of this paragraph”; and
(B)
in subparagraph (D)—
(i)
by inserting after “(D)” the following: “if the determination relates to covered merchandise under subparagraph (A) or (B) of subsection (a)(3),”; and
(ii)
by inserting after “subparagraphs (A) and (B)” the following: “of this paragraph”.
(b)

Trade Facilitation and Trade Enforcement Act of 2015
The Trade Facilitation and Trade Enforcement Act of 2015 is amended—
(1)
in section 402 (19 U.S.C. 4361)—
(A)
in paragraph (2)—
(i)
in subparagraph (A), by striking “or” at the end;
(ii)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following:
“(C)
an action taken under section 203 of the Trade Act of 1974 (19 U.S.C. 2253).”;
(B)
in paragraph (5), by inserting after “applicable antidumping or countervailing duties” the following: “or any applicable safeguard action”; and
(C)
in paragraph (7), by adding at the end before the period the following: “and chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.)”; and
(2)
in section 412 (19 U.S.C. 4372)—
(A)
in subsection (a)(2)—
(i)
by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; and
(ii)
by inserting before subparagraph (B), as redesignated, the following:
“(A)
a person reasonably suspected of entering covered merchandise into the customs territory of the United States through evasion”;” ; and
(B)
in subsection (b)(1)—
(i)
in subparagraph (B)—
(I)
by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; and
(II)
by inserting before clause (ii), as redesignated, the following:
“(i)
a person from whom information was requested pursuant to subsection (a)(2)(A);” ; and
(ii)
in subparagraph (C), by striking “clause (ii) or (iii)” and inserting “clause (i), (iii), or (iv)”.
102403.

Application of provisions relating to certain proprietary information
(a)

In general
Section 517 of the Tariff Act of 1930 (19 U.S.C. 1517), as amended by section 102402(a), is further amended by adding at the end the following:
“(i)

Application of provisions relating to certain proprietary information
(1)

In general
Except as provided in paragraph (2), the provisions of subsections (b), (c), and (d) of section 777, relating to information submitted in connection with proceedings under title VII of this Act, shall apply with respect to information submitted in connection with proceedings under this section to the same extent and in the same manner as such provisions apply to information submitted in connection with proceedings under such title VII.
(2)

Exceptions
In carrying out paragraph (1), the provisions of subsections (b), (c), and (d) of section 777 shall be applied and administered as follows:
(A)
By substituting “the Commissioner” for “the administering authority or the Commission” and “the administering authority and the Commission” each place either such term appears.
(B)
Paragraphs (1)(A)(ii) and (3) of such subsection (b) shall not apply.
(C)
The second and third sentences of such subsection (c)(1)(A) shall not apply.
(D)
In such subsection (c)—
(i)
in paragraph (1)—
(I)
in subparagraph (B), by substituting “determine to be appropriate” for “determine to be appropriate, including disbarment from practice before the agency”; and
(II)
in subparagraph (C)—
- (aa)
in clause (i), by substituting “14 days” for “14 days (7 days if the submission pertains to a proceeding under section 703(a) or 733(a))”; and
- (bb)
in the text following clause (ii)(II), by substituting “30 days” for “30 days (10 days if the submission pertains to a proceeding under section 703(a) or 733(a))”; and
(ii)
in paragraph (2), by substituting “United States Court of International Trade” for “United States Customs Court”.” .
(b)

Regulations
The Commissioner of U.S. Customs and Border Protection shall prescribe such regulations as may be necessary to implement subsection (i) of section 517 of the Tariff Act of 1930 (19 U.S.C. 1517), as added by subsection (a).
(c)

Effective date
The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.
F

General Provisions
102501.

Application to Canada and Mexico
Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4588), the amendments made by this title apply with respect to goods from Canada and Mexico.
102502.

Repeal of the Softwood Lumber Act of 2008
The second title VIII of the Tariff Act of 1930 (19 U.S.C. 1683 et seq.; relating to softwood lumber), as added by section 3301 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1844), is repealed.
102503.

Enforcement actions relating to cheese subject to an in-quota rate of duty
Section 702 of the Trade Agreements Act of 1979 (Public Law 96–39) is amended—
(1)
by striking subsection (a); and
(2)
by striking subparagraph (B) of subsection (b)(2).
102504.

Effective date
(a)

In general
Except as otherwise provided and except as provided by subsection (b) or (c), the amendments made by this title apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), antidumping duty investigations initiated under subtitle B of title VII of such Act (19 U.S.C. 1673 et seq.), reviews initiated under subtitle C of title VII of such Act (19 U.S.C. 1675 et seq.), circumvention inquiries requested under section 781 of such Act (19 U.S.C. 1677j), class or kind determinations under section 303 of this Act, claims of evasion of antidumping and countervailing duty orders initiated under the Tariff Act of 1930, and claims of evasion of safeguard actions initiated under the Tariff Act of 1930 on or after the date of the enactment of this Act.
(b)

Applicability
(1)

In general
The amendments made by this title apply to—
(A)
investigations or reviews under title VII of the Tariff Act of 1930 pending on the date of the enactment of this Act if the date on which the fully extended preliminary determination is scheduled is not earlier than 45 days after such date of enactment, except that section 784 of the Tariff Act of 1930, as added by section 103 of this Act, shall not apply to investigations under title VII of the Tariff Act of 1930 that are pending on such date of enactment;
(B)
circumvention inquiries under section 781 of the Tariff Act of 1930 pending on such date of enactment, if the date of publication of the initiation of the inquiry is not earlier than 45 days before such date of enactment; and
(C)
circumvention inquiries requested under such section 781 but not initiated before such date of enactment.
(2)

Deadlines for circumvention inquiries
(A)

Determinations
In the case of a circumvention inquiry described in paragraph (1)(B), subsection (f)(4) of section 781 of the Tariff Act of 1930, as amended by section 102201(a), shall be applied and administered—
(i)
in subparagraph (A)(i), by substituting “the date of the enactment of the Eliminating Global Market Distortions to Protect American Jobs Act of 2021” for “the date on which the initiation of a circumvention inquiry under paragraph (1) or (3)(A) is published”; and
(ii)
in subparagraph (C), by substituting “the date of the enactment of the Eliminating Global Market Distortions to Protect American Jobs Act of 2021” for “the filing of the inquiry request”.
(B)

Actions with respect to inquiry requests
In this case of a circumvention inquiry described in paragraph (1)(C), the administering authority (as defined in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1))) shall, not later than 45 days after the date of the enactment of this Act, take an action described in subsection (f)(3) of section 781 of the Tariff Act of 1930, as amended by section 102201(a), with respect to the inquiry.
III

Import Security and Fairness Act
103001.

Short title
This title may be cited as the “Import Security and Fairness Act”.
103002.

Additional exceptions to exemptions for de minimis treatment under the Tariff Act of 1930
Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “(a) The Secretary” and inserting “(a) In general.—The Secretary”;
(B)
in paragraph (2)(C), by striking “$800” and inserting “except as provided in subsection (b)(1), $800”; and
(C)
in the matter following such paragraph (2)(C), as so amended, by striking “subdivision (2)” each place it appears and inserting “paragraph”; and
(2)
by striking “(b) The Secretary” and inserting the following:
“(b)

Exceptions
(1)

In general
An article may not be admitted free of duty or tax under the authority provided by subsection (a)(2)(C) if the country of origin of such article is—
(A)
a nonmarket economy country (as such term is defined in section 771(18)); and
(B)
a country included in the priority watch list (as such term is defined in section 182(g)(3) of the Trade Act of 1974 (19 U.S.C. 2242(g)(3)).
(2)

Other exceptions
The Secretary”.
103003.

Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930
(a)

Administrative exemptions
Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321), as amended by section 103002, is further amended by adding at the end the following:
“(c)

Submission of documentation and information
(1)

In general
For any articles that may qualify for an administrative exemption pursuant to subsection (a)(2), the Secretary of the Treasury is authorized to prescribe regulations to authorize or require the submission, transmission, or otherwise making available of such documentation or information to U.S. Customs and Border Protection as the Secretary determines is reasonably necessary for U.S. Customs and Border Protection to determine the eligibility of such articles to qualify for such exemption.
(2)

Matters to be included
The regulations prescribed pursuant to paragraph (1) may provide that such documentation or information include documentation or information regarding the offer for sale or purchase, or the subsequent sale, purchase, transportation, importation or warehousing of such articles, including such documentation or information relating to the offering of such articles for sale or purchase in the United States through a commercial or marketing platform, including an electronic commercial or marketing platform.
(3)

Veracity of documentation and information
(A)

In general
The regulations prescribed pursuant to paragraph (1) shall provide that—
(i)
such documentation or information is true and correct to the best of the knowledge and belief of the party submitting, transmitting, or otherwise making available such documentation or information, subject to any penalties authorized by law; or
(ii)
if such party is not able to reasonably verify whether such documentation or information is true and correct to the best of the knowledge and belief of the party, such documentation or information may be submitted, transmitted, or otherwise made available on the basis of what the party reasonably believes to be true and correct.
(B)

Use for any lawful purpose
Such documentation or information may be used by U.S. Customs and Border Protection for any lawful purpose.
(4)

Civil penalties
Any person who violates the regulations prescribed pursuant to paragraph (1) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. A penalty imposed under this paragraph is in addition to any other penalty provided by law.
(d)

Importations involving suspended or debarred persons
The Secretary of the Treasury is authorized to prescribe regulations to authorize exceptions to any administrative exemption pursuant to subsection (a) for any articles the importation of which is caused or otherwise facilitated by any person suspended or debarred from doing business with the Federal government at the time of the importation.”.
(b)

Examination of merchandise
Section 499(c) of the Tariff Act of 1930 (19 U.S.C. 1499(c)) is amended—
(1)
by striking “the Customs Service” each place it appears and inserting “U.S. Customs and Border Protection”; and
(2)
in paragraph (2)—
(A)
in the first sentence, by striking “The Customs Service” and inserting the following:
“(A)

In general
U.S. Customs and Border Protection” ;
(B)
in the second sentence—
(i)
by striking “The” and inserting the following:
“(B)

Information to be included
The”; and
(ii)
by redesignating the subsequent subparagraphs (A), (B), (C), (D), and (E) as clauses (i), (ii), (iii), (iv), and (v), respectively, and moving the margins of such clauses, as redesignated, 2 ems to the right; and
(C)
by adding at the end the following:
“(C)

Additional requirements relating to merchandise that may qualify for certain administrative exemptions
(i)

In general
In the case of detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C), U.S. Customs and Border Protection shall issue such notice to each party that U.S. Customs and Border Protections determines may have an interest in the detained merchandise, based on information reasonably available to U.S. Customs and Border Protection, in such form and manner as the Secretary of the Treasury shall by regulation prescribe.
(ii)

Voluntary abandonment of merchandise
In the case of detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C), such notice shall also advise each such interested party that, in lieu of supplying information to U.S. Customs and Border Protection in accordance with subparagraph (B)(v), the interested parties may voluntarily abandon the detained merchandise.
(iii)

Abandonment due to lack of response
If U.S. Customs and Border Protection does not receive a response from each interested party in detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C) within 15 days of the date on which such notice is issued to the interested parties, the merchandise shall be deemed to be abandoned and title to such merchandise shall be vested in the United States and disposed of in accordance with law.”.
103004.

Effective date
The amendments made by this title shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 180th day after the date of the enactment of this Act.
IV

National critical capabilities reviews
104001.

National critical capabilities reviews
(a)

In general
The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended by adding at the end the following:
“X

National critical capabilities reviews
1001.

Definitions
In this title:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Finance, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Ways and Means, the Committee on Armed Services, the Committee on Education and Labor, the Committee on Financial Services, the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on Transportation and Infrastructure, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)

Committee
The term Committee means the Committee on National Critical Capabilities established under section 1002.
(3)

Control
The term control means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee.
(4)

Country of concern
The term country of concern—
(A)
has the meaning given the term “foreign adversary” in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and
(B)
may include a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) identified by the Committee for purposes of this paragraph by regulation.
(5)

Covered transaction
(A)

In general
Except as otherwise provided, the term covered transaction means any of the following transactions, proposed or pending on or after the date of the enactment of this title:
(i)
Any transaction by a United States business that—
(I)
shifts or relocates to a country of concern, or transfers to an entity of concern, the design, development, production, manufacture, fabrication, supply, servicing, testing, management, operation, investment, ownership, or any other essential elements involving one or more national critical capabilities identified under subparagraph (B)(ii); or
(II)
could result in an unacceptable risk to a national critical capability.
(ii)
Any other transaction, transfer, agreement, or arrangement, the structure of which is designed or intended to evade or circumvent the application of this title, subject to regulations prescribed by the Committee.
(B)

Regulations
(i)

In general
The Committee shall prescribe regulations further defining the term “covered transaction” in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
(ii)

Identification of national critical capabilities
For purposes of subparagraph (A)(I), the regulations prescribed by the Committee under clause (i) shall—
(I)
identify the national critical capabilities subject to that subparagraph based on criteria intended to limit application of that subparagraph to the subset of national critical capabilities that is likely to pose an unacceptable risk to the national security and crisis preparedness of the United States; and
(II)
enumerate, quantify, prioritize, and set forth sufficient allowances of, specific types and examples of such capabilities.
(6)

Crisis preparedness
The term crisis preparedness means preparedness for—
(A)
a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(B)
a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(7)

Critical infrastructure
The term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on national security, national economic security, national public health or safety, or any combination of those matters.
(8)

Entity of concern
The term entity of concern means an entity—
(A)
the ultimate parent entity of which is domiciled in a country of concern; or
(B)
that is directly or indirectly controlled by, owned by, or subject to the influence of a foreign person that has a substantial nexus with a country of concern.
(9)

Foreign entity
(A)

In general
Except as provided by subparagraph (B), the term foreign entity means any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign country if—
(i)
its principal place of business is outside the United States; or
(ii)
its equity securities are primarily traded on one or more foreign exchanges.
(B)

Exception
The term foreign entity does not include any entity described in subparagraph (A) that can demonstrate that a majority of the equity interest in such entity is ultimately owned by nationals of the United States.
(10)

Foreign person
The term foreign person means—
(A)
any foreign national, foreign government, or foreign entity;
(B)
any entity over which control is exercised or exercisable by a foreign national, foreign government, or foreign entity; or
(C)
any entity over which control is exercised or exercisable by a person described in subparagraph (A) or (B).
(11)

National critical capabilities
The term national critical capabilities, subject to regulations prescribed by the Committee—
(A)
means systems and assets, whether physical or virtual, so vital to the United States that the inability to develop such systems and assets or the incapacity or destruction of such systems or assets would have a debilitating impact on national security or crisis preparedness; and
(B)
includes the following:
(i)
The production, in sufficient quantities, of any of the following articles:
(I)
Medical supplies, medicines, and personal protective equipment.
(II)
Articles essential to the operation, manufacture, supply, service, or maintenance of critical infrastructure.
(III)
Articles critical to infrastructure construction after a natural or manmade disaster.
(IV)
Articles that are components of systems critical to the operation of weapons systems, intelligence collection systems, or items critical to the conduct of military or intelligence operations.
(V)
Any other articles identified in regulations prescribed under section 1007.
(ii)
Supply chains for the production of articles described in clause (i).
(iii)
Essential supply chains for the Department of Defense.
(iv)
Any other supply chains identified in regulations prescribed under section 1007.
(v)
Services critical to the production of articles described in clause (i) or a supply chain described in clause (ii), (iii), or (iv).
(vi)
Medical services.
(vii)
Services critical to the maintenance of critical infrastructure.
(viii)
Services critical to infrastructure construction after a natural or manmade disaster.
(ix)
Any other services identified in regulations prescribed under section 1007.
(12)

National security
The term national security includes—
(A)
national security, as defined in section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a));
(B)
national defense, as defined in section 702 of that Act (50 U.S.C. 4552); and
(C)
agricultural security and natural resources security.
(13)

Party
The term party, with respect to a transaction, has the meaning given that term in regulations prescribed by the Committee.
(14)

United States
The term United States means the several States, the District of Columbia, and any territory or possession of the United States.
(15)

United States business
The term United States business means a person engaged in interstate commerce in the United States.
1002.

Committee on National Critical Capabilities
(a)

In general
There is established a committee, to be known as the “Committee on National Critical Capabilities”, which shall carry out this title and such other assignments as the President may designate.
(b)

Membership
(1)

In general
The Committee shall be comprised of the head, or a designee of the head, of each of the following:
(A)
The Office of the United States Trade Representative.
(B)
The Department of Commerce.
(C)
The Office of Science and Technology Policy.
(D)
The Department of the Treasury.
(E)
The Department of Homeland Security.
(F)
The Department of Defense.
(G)
The Department of State.
(H)
The Department of Justice.
(I)
The Department of Energy.
(J)
The Department of Health and Human Services.
(K)
The Department of Agriculture.
(L)
The Department of Labor.
(M)
Any other Federal agency the President determines appropriate, generally or on a case-by-case basis.
(2)

Ex officio members
(A)

In general
In addition to the members of the Committee specified in paragraph (1), the following shall, except as provided in subparagraph (B), be nonvoting, ex officio members of the Committee:
(i)
The Director of National Intelligence.
(ii)
The Administrator of the Federal Emergency Management Agency.
(iii)
The Director of the National Institute of Standards and Technology.
(iv)
The Director of the Centers for Disease Control and Prevention.
(v)
The Director of the National Institute of Allergy and Infectious Diseases.
(vi)
The Chairperson of the Federal Communications Commission.
(vii)
The Chairperson of the Securities and Exchange Commission.
(viii)
The Chairperson of the Commodity Futures Trading Commission.
(ix)
The Administrator of the Federal Aviation Administration.
(B)

Designation as voting members
The chairperson of the Committee may designate any of the officials specified in clauses (ii) through (ix) of subparagraph (A) as voting members of the Committee.
(c)

Chairperson
(1)

In general
The United States Trade Representative shall serve as the chairperson of the Committee.
(2)

Consultations with Secretaries of Defense and Commerce
In carrying out the duties of the chairperson of the Committee, the United States Trade Representative shall consult with the Secretary of Defense and the Secretary of Commerce.
(d)

Designation of officials to carry out duties related to Committee
The head of each agency represented on the Committee shall designate an official, at or equivalent to the level of Assistant Secretary in the Department of the Treasury, who is appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the head of the agency may assign.
1003.

Review of covered transactions
(a)

Mandatory notification
A United States business that engages in a covered transaction shall submit a written notification of the transaction to the Committee.
(b)

Review
(1)

In general
Not later than 60 days after receiving written notification under subsection (a) of a covered transaction, the Committee may—
(A)
review the transaction to determine if the transaction is likely to result in an unacceptable risk to one or more national critical capabilities, including by considering factors specified in section 1005; and
(B)
if the Committee determines under subparagraph (A) that the transaction poses a risk described in that subparagraph, make recommendations—
(i)
to the President for appropriate action that may be taken under this title or under other existing authorities to address or mitigate that risk; and
(ii)
to Congress for the establishment or expansion of Federal programs to support the production or supply of articles and services described in section 1001(a)(11)(B) in the United States.
(2)

Unilateral initiation of review
The Committee may initiate a review under paragraph (1) of a covered transaction for which written notification is not submitted under subsection (a).
(3)

Initiation of review by request from congress
The Committee shall initiate a review under paragraph (1) of a covered transaction if the chairperson and the ranking member of one of the appropriate congressional committees jointly request the Committee to review the transaction.
(c)

Treatment of business confidential information
A United States business shall submit each notification required by subsection (a) to the Committee—
(1)
in a form that includes business confidential information; and
(2)
in a form that omits business confidential information and is appropriate for disclosure to the public.
1004.

Action by the President
(a)

In general
Subject to subsection (d), the President may take such action for such time as the President considers appropriate to address or mitigate any unacceptable risk posed by a covered transaction to one or more national critical capabilities, including suspending or prohibiting the covered transaction.
(b)

Announcement by the president
The President shall announce the decision on whether or not to take action pursuant to subsection (a) with respect to a covered transaction not later than 15 days after the date on which the review of the transaction under section 1003 is completed.
(c)

Enforcement
The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this section.
(d)

Findings of the president
The President may exercise the authority conferred by subsection (a) to suspend or prohibit a covered transaction only if the President finds that—
(1)
there is credible evidence that leads the President to believe that the transaction poses an unacceptable risk to one or more national critical capabilities; and
(2)
provisions of law (other than this section) do not, in the judgment of the President, provide adequate and appropriate authority for the President to protect such capabilities.
(e)

Factors To be considered
For purposes of determining whether to take action under subsection (a), the President shall consider, among other factors, each of the factors described in section 1005, as appropriate.
1005.

Factors to be considered
The Committee, in reviewing and making a determination with respect to a covered transaction under section 1003, and the President, in determining whether to take action under section 1004 with respect to a covered transaction, shall consider any factors relating to national critical capabilities that the Committee or the President considers relevant, including—
(1)
the long-term strategic economic, national security, and crisis preparedness interests of the United States;
(2)
the history of distortive or predatory trade practices in each country in which a foreign person that is a party to the transaction is domiciled;
(3)
control and beneficial ownership (as determined in accordance with section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2509 note)) of each foreign person that is a party to the transaction; and
(4)
impact on the domestic industry and resulting resiliency, including the domestic skills base, taking into consideration any pattern of foreign investment in the domestic industry.
1006.

Supply chain sensitivities
The Committee shall determine the sensitivities and risks for sourcing of articles described in section 1001(a)(11)(B)(i), in accordance with the following:
(1)
The sourcing of least concern shall be articles the supply chains for which are housed in whole within countries that are allies of the United States.
(2)
The sourcing of greater concern shall be articles the supply chains for which are housed in part within countries of concern or from an entity of concern but for which substitute production is available from elsewhere at required scale.
(3)
The sourcing of greatest concern shall be articles the supply chains for which are housed wholly or in part in countries of concern or from an entity of concern and for which substitute production is unavailable elsewhere at required scale.
1007.

Identification of additional national critical capabilities
(a)

In general
The Committee should prescribe regulations to identify additional articles, supply chains, and services to recommend for inclusion in the definition of “national critical capabilities” under section 1001(a)(11).
(b)

Review of industries
(1)

In general
In identifying under subsection (a) additional articles, supply chains, and services to recommend for inclusion in the definition of “national critical capabilities” under section 1001(a)(11), the Committee should conduct a review of industries identified by Federal Emergency Management Agency as carrying out emergency support functions, including the following industries:
(A)
Energy.
(B)
Medical.
(C)
Communications, including electronic and communications components.
(D)
Defense.
(E)
Transportation.
(F)
Aerospace, including space launch.
(G)
Robotics.
(H)
Artificial intelligence.
(I)
Semiconductors.
(J)
Shipbuilding.
(K)
Water, including water purification.
(2)

Quantification
In conducting a review of industries under paragraph (1), the Committee should specify the quantity of articles, supply chains, and services, and specific types and examples of transactions, from each industry sufficient to maintain national critical capabilities.
1008.

Reporting requirements
(a)

Annual report to Congress
(1)

In general
Not later than 90 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021, and annually thereafter, the Committee shall submit to the appropriate congressional committees a report—
(A)
on the determination under section 1006 with respect to sensitivities and risks for sourcing of articles described in section 1001(a)(11)(B)(i);
(B)
assessing whether identification of additional national critical capabilities under section 1007 is necessary; and
(C)
describing, for the year preceding submission of the report—
(i)
the notifications received under subsection (a) of section 1003 and reviews conducted pursuant to such notifications;
(ii)
reviews initiated under paragraph (2) or (3) of subsection (b) of that section;
(iii)
actions recommended by the Committee under subsection (b)(1)(B) of that section as a result of such reviews; and
(iv)
reviews during which the Committee determined no action was required; and
(D)
assessing the overall impact of such reviews on national critical capabilities.
(2)

Form of report
The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(b)

Use of Defense Production Act of 1950 authorities
Not later than 180 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021, the Committee shall submit to Congress a report that includes recommendations relating to use the authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to make investments to enhance national critical capabilities and reduce dependency on materials and services imported from foreign countries.
1009.

Requirement for regulations
(a)

In general
The Committee shall prescribe regulations to carry out this title.
(b)

Elements
Regulations prescribed to carry out this title shall—
(1)
provide for the imposition of civil penalties for any violation of this title, including any mitigation agreement entered into, conditions imposed, or order issued pursuant to this title; and
(2)
include specific examples of the types of—
(A)
the transactions that will be considered to be covered transactions; and
(B)
the articles, supply chains, and services that will be considered to be national critical capabilities.
(c)

Coordination
In prescribing regulations to carry out this title, the Committee shall coordinate with the United States Trade Representative, the Under Secretary of Commerce for Industry and Security, and the Committee on Foreign Investment in the United States to avoid duplication of effort.
1010.

Requirements related to government procurement
(a)

In general
Not later than 90 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021, the Federal Acquisition Regulation shall be revised to require each person that is a prospective contractor for an executive agency to disclose the supply chains the person would use to carry out the contract and the extent to which the person would depend on articles and services imported from foreign countries, including the percentage of such materials and services imported from countries of concern.
(b)

Materiality
The head of an executive agency shall consider the failure of a person to make the disclosures required by subsection (a) to be material determinants in awarding a contract to that person.
(c)

Applicability
The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021.
(d)

Definitions
In this section:
(1)

Executive agency
The term executive agency has the meaning given that term in section 133 of title 41, United States Code.
(2)

Federal Acquisition Regulation
The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code.
1011.

Multilateral engagement and coordination
The United States Trade Representative—
(1)
should, in coordination and consultation with relevant Federal agencies, conduct multilateral engagement with the governments of countries that are allies of the United States to secure coordination of protocols and procedures with respect to covered transactions with countries of concern; and
(2)
upon adoption of protocols and procedures described in paragraph (1), shall work with those governments to establish information sharing regimes.
1012.

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title.
1013.

Rule of construction with respect to free and fair commerce
Nothing in this title may be construed as prohibiting or limiting the free and fair flow of commerce outside of the United States that does not pose an unacceptable risk to a national critical capability.” .
(b)

Clerical amendment
The table of contents for the Trade Act of 1974 is amended by adding at the end the following:
“TITLE X—National critical capabilities reviews
Sec. 1001. Definitions.
Sec. 1002. Committee on National Critical Capabilities.
Sec. 1003. Review of covered transactions.
Sec. 1004. Action by the President.
Sec. 1005. Factors to be considered.
Sec. 1006. Supply chain sensitivities.
Sec. 1007. Identification of additional national critical capabilities.
Sec. 1008. Reporting requirements.
Sec. 1009. Requirement for regulations.
Sec. 1010. Requirements related to government procurement.
Sec. 1011. Multilateral engagement and coordination.
Sec. 1012. Authorization of appropriations.
Sec. 1013. Rule of construction with respect to free and fair commerce.”.
V

Modification and Extension of Generalized System of Preferences
105001.

Modification and extension of Generalized System of Preferences
(a)

Designation of beneficiary developing countries
Section 502 of the Trade Act of 1974 (19 U.S.C. 2462) is amended—
(1)
in subsection (b)(2)—
(A)
in subparagraph (G), by striking “has not taken or is not taking steps to” and inserting “fails to effectively”;
(B)
by inserting after subparagraph (H) the following:
“(I)
Such country engages in gross violations of internationally recognized human rights in that country (including any designated zone in that country).
(J)
Such country fails to effectively enforce its environmental laws, regulations, or other measures, or to fulfill its international environmental obligations, including as such obligations relate to public health.”; and
(C)
in the text following subparagraph (J) (as so inserted), by striking “and (H) (to the extent described in section 507(6)(D))” and inserting “(H) (to the extent described in section 507(6)(D)), (I), and (J)”;
(2)
in subsection (c)—
(A)
in paragraph (6)(B), by striking “; and” and inserting a semicolon;
(B)
in paragraph (7)—
(i)
by striking “has taken or is taking steps to afford” and inserting “effectively affords”; and
(ii)
by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
“(8)
the extent to which such country effectively enforces its environmental laws, regulations, and other measures, and fulfills its international environmental obligations, including as such obligations relate to public health; and
(9)
the extent to which such country has established, or is making continual progress toward establishing—
(A)
the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;
(B)
economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; and
(C)
a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.”; and
(3)
by adding at the end the following:
“(g)

Assessment and report on compliance with eligibility requirements
(1)

In general
The President shall—
(A)
on an annual basis—
(i)
conduct assessments on compliance of an appropriate number of countries designated as beneficiary developing countries for purposes of this title in meeting or continuing to meet their eligibility requirements under this title; and
(ii)
make determinations whether to self-initiate full country practice reviews of those countries’ continued eligibility under this title; and
(B)
submit to Congress a report consisting of the results of such assessments and determinations.
(2)

Frequency
The President shall conduct an assessment described in clause (i) of paragraph (1)(A) and make a determination described in clause (ii) of such paragraph with respect to each country designated as a beneficiary developing country for purposes of this title not less frequently than once every 3 years.
(h)

Review and public comments on eligibility requirements
(1)

In general
Not later than 60 days after the date of enactment of this subsection, the President shall establish a process to allow any interested person, at any time, to file a petition with the Office of the United States Trade Representative to review compliance of beneficiary developing countries with the eligibility criteria set forth in this section.
(2)

Review
(A)

In general
Except as provided in subparagraph (B), a review of compliance of a beneficiary developing country with the eligibility criteria set forth in this section may not exceed a period of two years.
(B)

Extension
Such a review may be extended for a longer period of time if extenuating circumstances exist, as determined by the United States Trade Representative.
(C)

Public hearings
The Trade Representative shall hold annual public hearings with respect to each review that is extended under subparagraph (B).
(3)

Publication of determinations relating to petitions for review
The United States Trade Representative shall publish in the Federal Register a notice of, and the rationale for, any determination of the Trade Representative with respect to a petition for review of the eligibility of a country for designation as a beneficiary developing country, including a determination—
(A)
to accept or deny such a petition;
(B)
to continue to review the eligibility of the country; or
(C)
to withdraw, suspend, or limit the application of duty-free treatment under this title with respect to the country.”.
(b)

Supplemental review and reporting
(1)

Policy of the United States
It is the policy of the United States to support equitable and inclusive economic development in countries designated as beneficiary developing countries in accordance with the provisions of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) that promotes benefits for workers and individuals subjected to persistent inequality, racial, ethnic, or gender discrimination, or systemic or social barriers that constrain their full and free economic participation in the global economy.
(2)

Review of laws
(A)

In general
Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) is amended by inserting after section 504 the following:
“504A.

Review of laws relating to internationally recognized worker rights and equal rights and protection under the law
(a)

In general
Not later than May 1, 2022, and annually thereafter, the United States Trade Representative and the Deputy Undersecretary of Labor for International Affairs, in consultation with the policy advisory committee on labor established under section 135(c)(1), shall jointly—
(1)
review the laws of each beneficiary developing country relating to internationally recognized worker rights and the affording of equal rights and protection under the law, regardless of gender, in each of the categories described in subsection (b);
(2)
assess the legal rights and protections afforded in such countries; and
(3)
submit to Congress a report on the laws of and legal rights and protections afforded in such countries.
(b)

Categories described
The categories described in this subsection are the following:
(1)
Internationally recognized worker rights.
(2)
Mobility.
(3)
Employment conditions, benefits and pay, including equal pay for equal work and removal of employment restrictions.
(4)
Entrepreneurship.
(5)
Assets, including property and inheritance rights.
(6)
Equal access to education.
(7)
Access to institutions.
(8)
Protections from violence and harassment, including gender-based violence and harassment.
(9)
Marriage, divorce, and child custody.
(c)

Methodology and sources
The report required by subsection (a)(3) shall include—
(1)
an explanation of the methodology and sources used for the conduct of reviews under subsection (a)(1) and the conduct of assessments under subsection (a)(2); and
(2)
where relevant, citations to data, information, studies, and assessments that were used to prepare the report and were gathered, compiled, or developed by the United States Government, foreign governments, multilateral institutions, nongovernmental organizations, or educational institutions.
(d)

Measurement of women’s economic empowerment
To support the measurement of women’s economic empowerment, the Trade Representative shall encourage and support the reporting by beneficiary developing countries of sex-disaggregated economic and business data, including the gathering of information consistent with the United Nations Sustainable Development Goals, particularly the goals relating to gender equality and decent work.”.
(B)

Clerical amendment
The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 504 the following:
“Sec. 504A. Review of laws relating to internationally recognized worker rights and equal rights and protection under the law.”.
(c)

Extension of Generalized System of Preferences
(1)

In general
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking “December 31, 2020” and inserting “December 31, 2024”.
(2)

Effective date
(A)

In general
The amendment made by paragraph (1) shall apply to articles entered on or after the 30th day after the date of the enactment of this Act.
(B)

Retroactive application for certain liquidations and reliquidations
(i)

In general
Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to clause (ii), any entry of a covered article to which duty-free treatment or other preferential treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have applied if the entry had been made on December 31, 2020, that was made—
(I)
after December 31, 2020, and
(II)
before the effective date specified in subparagraph (A),
shall be liquidated or reliquidated as though such entry occurred on the effective date specified in subparagraph (A).
(ii)

Requests
A liquidation or reliquidation may be made under clause (i) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection—
(I)
to locate the entry; or
(II)
to reconstruct the entry if it cannot be located.
(iii)

Payment of amounts owed
Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of a covered article under clause (i) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).
(C)

Definitions
In this subsection:
(i)

Covered article
The term covered article means an article from a country that is a beneficiary developing country under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) as of the effective date specified in subparagraph (A).
(ii)

Enter; entry
The terms enter and entry include a withdrawal from warehouse for consumption.
(d)

Definition of internationally recognized worker rights
Section 507(4) of the Trade Act 1974 (19 U.S.C. 2467(4)) is amended—
(1)
in subparagraph (E), by striking the period at the end and inserting a semicolon; and
(2)
by adding at the end the following:
“(F)
the elimination of discrimination with respect to employment and occupation; and
(G)
the elimination of violence or threats of violence against workers, including violence related to gender-based violence or harassment in the workplace and violence related to workers exercising or attempting to exercise any of the rights described in subparagraphs (A) through (F).”.
105002.

United States International Trade Commission study
Not later than May 1, 2022, the United States International Trade Commission shall submit to Congress a report that contains a study on rules of origin and the utilization rates under the Generalized System of Preferences program under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), including an assessment of—
(1)
the utilization rates of least-developed beneficiary developing countries under the program; and
(2)
the effectiveness of the program’s rules of origin in promoting trade benefits to least-developed beneficiary developing countries under the program and preventing the transshipment of products from countries that are not beneficiary developing countries under the program.
VI

Reauthorization of the American Manufacturing Competitiveness Act of 2016 and other matters
106001.

Reauthorization of american manufacturing competitiveness act of 2016
(a)

New process for consideration of petitions
Section 3(b)(1) of the American Manufacturing Competitiveness Act of 2016 (Public Law 114–159; 19 U.S.C. 1332 note) is amended, in the matter preceding subparagraph (A), by striking “October 15, 2016, and October 15, 2019” and inserting “October 15, 2022, and October 15, 2025”.
(b)

Content of petitions
Section 3(b)(2)(E)(i) of such Act is amended to read as follows:
“(i)
the classification of the article under chapters 1 through 97 of the Harmonized Tariff Schedule of the United States that has been used or will be used by the importer, to be included in the amendment to subchapter II of chapter 99 of that Schedule;”.
(c)

Report
Section 4(a) of such Act is amended by striking “12 months” and all that follows through “tariff bill” and inserting “18 months after the date on which the duty suspensions and reductions included in a miscellaneous tariff bill take effect”.
106002.

Limitation on duty suspensions or reductions for finished goods
(a)

Limitation on eligibility
Section 3(b) of the American Manufacturing Competitiveness Act of 2016 (19 U.S.C. 1332 note) is amended as follows:
(1)
In paragraph (2)—
(A)
by redesignating subparagraph (K) as subparagraph (L); and
(B)
by inserting after subparagraph (J) the following:
“(K)
A certification that the article is not a finished good, defined as a good that—
(i)
is ready for sale to the ultimate purchaser, end user, or consumer, whether or not packed or repacked after entry into the customs territory of the United States (as such term is defined in General Note 2 to the Harmonized Tariff Schedule of the United States) for retail sale;
(ii)
will not undergo any substantial processing or transformation, as such terms are interpreted by U.S. Customs and Border Protection, after entry into the customs territory of the United States;
(iii)
is an unassembled, disassembled, or otherwise incomplete good, having the essential character of the complete and assembled finished good; or
(iv)
is solely intended to be—
(I)
repacked to make the good suitable for retail sale or distribution;
(II)
retagged or relabeled;
(III)
combined with instructional or warranty materials or with other items or accessories for post-entry sale; or
(IV)
subjected to other minor operations not substantially transforming the good as entered into the customs territory of the United States.”.
(2)
By amending paragraph (3)(C)(ii)(IV) to read as follows:
“(IV)
A list of petitions for duty suspensions and reductions for which the Commission recommends modifications to the scope of the articles that are the subject of such petitions, with the modifications specified—
- (aa)
to address objections by domestic producers to such petitions; or
- (bb)
to ensure that the articles are not finished goods as defined under paragraph (2)(K).”.
(3)
By amending paragraph (3)(C)(ii)(VI) to read as follows:
“(VI)
A list of petitions for duty suspensions and reductions that the Commission does not recommend for inclusion in a miscellaneous tariff bill, other than petitions specified in subclause (V), including petitions for which, in the view of the Commission, the articles that are the subject of the petitions are finished goods, as defined under paragraph (2)(K).”.
(b)

Modification to commerce report
Section 3(c) of the American Manufacturing Competitiveness Act of 2016 (19 U.S.C. 1332 note) is amended by adding at the end the following new paragraph:
“(3)
An identification of any article that is subject to an order issued pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) whose article description may overlap with the article description of the subject of the petition.”.
(c)

Promulgation of list
The United States International Trade Commission may issue such guidance, including in the form of a list of goods presumed to be finished goods and their accompanying headings under the Harmonized Tariff Schedule of the United States, as the Commission determines useful or necessary to provide information to petitioners with respect to the limits imposed on duty suspensions and reductions by reason of the amendments under subsection (a).
106003.

Sense of Congress on United States commitment to the World Trade Organization
(a)

Findings
Congress finds the following:
(1)
The United States is an original member of the World Trade Organization (WTO) and a key architect of the institution.
(2)
The WTO is a critical forum for strengthening the multilateral rules-based trading system and a bedrock of United States trade policy.
(3)
The United States has provided the leadership and political will to advance the goal of the WTO to create and enforce rules that reduce obstacles to international trade that help ensure a level playing field.
(4)
Sustained United States leadership in the WTO provides best paths to achieve necessary WTO reforms, create new trade rules that enhance opportunities for all, and address the needs and challenges of the United States and all other free and open economies in the 21st century.
(5)
The United States recognizes the historic nature of Dr. Ngozi Okonjo-Iweala’s selection as the WTO’s new Director-General as being both the first woman and first African to be chosen.
(6)
The WTO recognizes that trade should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, expanding the production of and trade in goods and services, optimally using the world’s resources in accordance with the objective of sustainable development, and seeking to protect and preserve the environment.
(7)
The WTO is the preferred forum in which member economies resolve disputes that arise among them.
(8)
The United States has consistently supported having a functional, efficient dispute settlement mechanism at the WTO that strictly follows the Dispute Settlement Understanding as agreed by all WTO members and remains accountable to WTO members.
(9)
The United States, for decades, has sought to strengthen the WTO dispute settlement system by advocating for necessary, thoughtful and prudent reforms.
(10)
The United States has expressed longstanding concerns that the WTO Appellate Body, through its findings and procedural liberties, is improperly adding to or diminishing the rights or obligations of WTO members.
(11)
The United States has consistently urged the WTO to improve transparency by requiring that all dispute settlement hearings at the WTO be open to the public, and all submissions by the parties be publicly available.
(12)
While several WTO members have joined the United States in agreeing to open hearings to the public and in making public submissions, most WTO Members continue to insist on closed hearings and confidential submissions.
(13)
Transparent WTO dispute settlement enhances WTO members’ understanding of the dispute settlement system, particularly for those who do not participate often in the system.
(14)
Open dispute settlement promotes the accountability, professionalism, and impartiality of WTO adjudicators, to the benefit of the dispute settlement system as a whole.
(15)
Many WTO members have failed to meet basic notification obligations making it difficult and, in some cases, impossible to monitor or determine their compliance with WTO obligations, including subsidies disciplines.
(16)
The United States has encouraged, by proposing various incentives and administrative measures, better compliance with notification obligations.
(17)
The WTO allows members to self-identify as developing countries in order to receive special and differential treatment.
(18)
Some self-declared developing countries that are now advanced continue to demand the same special and differential treatment intended for much smaller, less developed members, creating asymmetries that hinder the WTO from achieving meaningful outcomes in current and future negotiations.
(19)
For over a decade, most WTO members have refused to engage in serious efforts to address longstanding United States calls for reform of dispute settlement and other important aspects of the WTO system.
(20)
WTO members are engaged in negotiations to reform the WTO and create new rules, including with respect to fisheries subsidies and e-commerce.
(b)

Sense of Congress
It is the sense of Congress that—
(1)
the United States should continue to lead reform efforts to ensure that the World Trade Organization (WTO) functions as agreed by the membership and is updated appropriately for the 21st century;
(2)
the United States should continue to urge other WTO members to work with the United States to achieve needed reforms so that the WTO and its members can address unjustified barriers to trade and promote economic norms that improve the standard of living across the world; and
(3)
the United States Trade Representative should continue to lead and work with other countries to pursue reforms at the WTO that—
(A)
address concerns with the WTO’s Appellate Body;
(B)
improve the efficiency and transparency of dispute settlement proceedings;
(C)
remediate the failure to satisfy notification obligations of the various WTO agreements and develop accountability mechanisms to address this issue proactively;
(D)
discipline the use of special and differential treatment for self-declared developing countries;
(E)
ensure there are platforms to discuss issues related to labor, the environment, and women’s economic empowerment; and
(F)
create new rules and structures that can serve the United States interests while promoting peace, prosperity, and open markets and societies.
106004.

Authority of U.S. Customs and Border Protection to consolidate, modify, or reorganize Customs revenue functions
(a)

In general
Section 412 of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “consolidate, discontinue,” and inserting “discontinue”; and
(ii)
by inserting after “reduce the staffing level” the following: “below the optimal staffing level determined in the most recent Resource Allocation Model required by section 301(h) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. (h))”; and
(B)
in paragraph (2), by inserting “, National Account Managers” after “Financial Systems Specialists”; and
(2)
by adding at the end the following:
“(d)

Authority to consolidate, modify, or reorganize customs revenue functions
(1)

In general
The Commissioner of U.S. Customs and Border Protection may, subject to subsection (b), consolidate, modify, or reorganize customs revenue functions delegated to the Commissioner under subsection (a), including by adding such functions to existing positions or establishing new or modifying existing job series, grades, titles, or classifications for personnel, and associated support staff, performing such functions.
(2)

Position classification standards
At the request of the Commissioner, the Director of the Office of Personnel Management shall establish new position classification standards for any new positions established by the Commissioner under paragraph (1).”.
(b)

Technical correction
Section 412(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 212(a)(1)) is amended by striking “403(a)(1)” and inserting “403(1)”.
106005.

Prohibition on large scale transportation of sodium cyanide briquettes for mining purposes in the United States
The Secretary of Commerce, in coordination with the Secretary of Transportation and the Secretary of Homeland Security, shall—
(1)
not later than 90 days after the date of enactment of this Act, issue an interim final rule that is effective not later than 30 days after publication in the Federal Register that bans the transportation of sodium cyanide briquettes for mining purposes in the United States, unless such sodium cyanide briquettes are packaged and transported in ISO steel containers and in accordance with the material’s authorized packaging and transportation requirements under parts 171 through 180 of title 49, Code of Federal Regulations; and
(2)
complete, not later than 1 year after the date of enactment of this Act, a rulemaking investigating and evaluating the impact on the supply chain, competitiveness, national security, labor, and safety implications of the transportation of sodium cyanide briquettes for mining purposes in the United States using a transportation method other than ISO steel containers, in accordance with the material’s authorized packaging and transportation requirements.
VII

Temporary Duty Suspensions and Reductions
107001.

Reference
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision, the reference shall be considered to be made to a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of the United States.
A

New Duty Suspensions and Reductions
107101.

Shelled pine nuts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.01 | Pine nuts, shelled (provided for in subheading 0802.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107102.

Licorice extract
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.02 | Vegetable saps and extracts of licorice (provided for in subheading 1302.12.00) | 0.7% | No change | No change | On or before 12/31/2023” |
.
107103.

Refined Carrageenan
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.03 | N-{[2-({4-[(3-Methylbutanoyl)amino]phenyl}carbonyl) hydrazino]carbonothioyl}-3-nitrobenzamide (Carrageenan) (CAS No. 9000–07–1) (provided for in subheading 1302.39.00) | 2.4% | No change | No change | On or before 12/31/2023” |
.
107104.

Irish dairy chocolate crumb
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.04 | Chocolate crumb manufactured with fluid milk from Irish cows (provided for in subheading 1806.20.24) | 2.9% | No change | No change | On or before 12/31/2023” |
.
107105.

Pepperoncini, preserved in vinegar
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.05 | Pepperoncini, prepared or preserved by vinegar or acetic acid (provided for in subheading 2001.90.38) | 5.2% | No change | No change | On or before 12/31/2023” |
.
107106.

Coconut water in PET bottles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.06 | Coconut water, not from concentrate, not containing added sugar or other sweetening matter, packaged for retail sale in polyethylene terephthalate bottles (provided for in subheading 2009.89.70) | Free | No change | No change | On or before 12/31/2023” |
.
107107.

9,11-Octadecadienoic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.07 | Conjugated linoleic acids (9Z,11E)-octadeca-9,11-dienoic acid (CAS No. 2540–56–9), and (10E,12Z)-octadeca-10,12-dienoic acid (CAS No. 2420–56–6) (provided for in subheading 2106.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107108.

Liquid galacto-oligosaccharides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.08 | Liquid galacto-oligosaccharides (provided for in subheading 2106.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107109.

Beverage containing coconut water
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.09 | Non-alcoholic beverage containing 10 percent or more of not-from-concentrate coconut water, with added flavors and stevia, packaged for retail sale (provided for in subheading 2202.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107110.

Animal feed additive containing guanidinoacetic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.10 | Feed additive preparation consisting of guanidinoacetic acid and starch (provided for in subheading 2309.90.95) | Free | No change | No change | On or before 12/31/2023” |
.
107111.

Tungsten concentrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.11 | Tungsten concentrate, presented as a dense, granular powder, in a range of colors from sandy brown to black/grey depending on the other elements present (provided for in subheading 2611.00.60) | Free | No change | No change | On or before 12/31/2023” |
.
107112.

Piperylene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.12 | Distillates (petroleum), C3-6, piperylene-rich (CAS No. 68477–35–0) (provided for in subheading 2710.12.90) | 3.5% | No change | No change | On or before 12/31/2023” |
.
107113.

Normal paraffin M (alkanes C10–C14)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.13 | A mixture of normal paraffin medium oils (alkanes, C10–14) (CAS No. 93924–07–3) (provided for in subheading 2710.19.90) | 5.8% | No change | No change | On or before 12/31/2023” |
.
107114.

Neodymium (Nd) metal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.14 | Neodymium metal (CAS No. 7440–00–8), whether or not intermixed or interalloyed (provided for in subheading 2805.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107115.

Praseodymium (Pr) metal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.15 | Praseodymium metal (CAS No. 7440–10–0), whether or not intermixed or interalloyed (provided for in subheading 2805.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107116.

Heavy rare earth metals, dysprosium (Dy) metal and terbium (Tb) metal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.16 | Dysprosium metal (CAS No. 7429–91–6), terbium metal (CAS No. 7440–27–9), and heavy rare earth metals, whether or not intermixed or inter-alloyed (provided for in subheading 2805.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107117.

Scandium crystal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.17 | Scandium crystals of 99.9 percent purity containing 3 ppm or less by weight of cobalt, 80 ppm or less by weight of chromium and 500 ppm or less by weight of iron (CAS No. 7440–20–2) (provided for in subheading 2805.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107118.

Hexafluorotitanic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.18 | Dihydrogen hexafluorotitanate(2-) (CAS No. 17439–11–1) (provided for in subheading 2811.19.61) | Free | No change | No change | On or before 12/31/2023” |
.
107119.

Silica gel cat litter with tray
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.19 | Cat litter of synthetic silica gel, not crystalline, imported with a disposable cardboard tray coated with polyvinyl chloride (provided for in subheading 2811.22.10) | Free | No change | No change | On or before 12/31/2023” |
.
107120.

Dioxosilane spherical particles (mean particle size 0.046–0.054 mm)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.20 | Dioxosilane (silicon dioxide amorphous) (CAS No. 7631–86–9) presented in the form of entirely spherical micro-spheres, certified by the importer as having a mean particle size of between 0.046 and 0.054 mm, uniform particle size with a uniformity coefficient of 1.65 or less, specific electrical resistance of 50,000 Ohm cm or more, and surface area 300 to 700 m²/g (provided for in subheading 2811.22.10) | Free | No change | No change | On or before 12/31/2023” |
.
107121.

Silica gel cat litter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.21 | Cat litter formulated from synthetic silica gel, put up for retail sale (provided for in subheading 2811.22.10) | Free | No change | No change | On or before 12/31/2023” |
.
107122.

Sulfuryl dichloride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.22 | Sulfuryl dichloride (CAS No. 7791–25–5) (provided for in subheading 2812.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107123.

FS-10D acicular electroconductive tin oxide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.23 | Dispersions of tin(IV) oxide (CAS No. 18282–10–5), doped with antimony pentoxide (CAS No. 1314–60–9), in water (provided for in subheading 2825.90.20) | Free | No change | No change | On or before 12/31/2023” |
.
107124.

Certain potassium fluoride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.24 | Potassium fluoride (CAS No. 7789–23–3), spray-dried, crystalline, granular or any dry form (provided for in subheading 2826.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107125.

Other potassium fluoride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.25 | Potassium fluoride (CAS No. 7789–23–3) other than spray-dried, crystalline, granular or any dry form (provided for in subheading 2826.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107126.

LiPF6
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.26 | Lithium hexafluorophosphate (LiPF6) (CAS No. 21324–40–3) (provided for in subheading 2826.90.90) | 1.8% | No change | No change | On or before 12/31/2023” |
.
107127.

LiPO2F2
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.27 | Lithium difluorophosphate (LiPO2F2) (CAS No. 24389–25–1) (provided for in subheading 2826.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107128.

Ammonium fluoroborate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.28 | Azanium; tetrafluoroborate (CAS No. 13826–83–0) (provided for in subheading 2826.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107129.

Sodium tetrafluoroborate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.29 | Sodium tetrafluoroborate (CAS No. 13755–29–8) (provided for in subheading 2826.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107130.

Ferric chloride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.30 | Trichloroiron (CAS No. 7705–08–0) (provided for in subheading 2827.39.55) | Free | No change | No change | On or before 12/31/2023” |
.
107131.

Ferrous chloride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.31 | Iron(2+);dichloride (CAS No. 7758–94–3) (provided for in subheading 2827.39.55) | Free | No change | No change | On or before 12/31/2023” |
.
107132.

Cupric chloride dihydrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.32 | Copper(II) chloride dihydrate (cupric chloride dihydrate) (CAS No. 10125–13–0) (provided for in subheading 2827.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107133.

Copper chloride anhydrous
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.33 | Copper(II) chloride anhydrous (CAS No. 7447–39–4) (provided for in subheading 2827.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107134.

Manganese chloride anhydrous
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.34 | Manganese(2+);dichloride (anhydrous manganese chloride) (CAS No. 7773–01–5) (provided for in subheading 2827.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107135.

Manganese chloride tetrahydrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.35 | Manganese(II) chloride tetrahydrate (CAS No. 13446–34–9) (provided for in subheading 2827.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107136.

Reducing agent
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.36 | Acetic acid, 2-oxo-, reaction products with sodium dithionite (2:1) (CAS No. 1444365–63–2) (provided for in subheading 2831.10.50) | Free | No change | No change | On or before 12/31/2023” |
.
107137.

Manganese carbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.37 | Manganese(2+);carbonate (CAS No. 598–62–9) (provided for in subheading 2836.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107138.

Potassium tetraborate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.38 | Potassium tetraborate (CAS No. 12045–78–2) (provided for in subheading 2840.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107139.

Potassium pentaborate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.39 | Potassium pentaborate (CAS No. 12229–13–9) (provided for in subheading 2840.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107140.

Ammonium thiocyanate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.40 | Azanium;thiocyanate (ammonium thiocyanate) (CAS No. 1762–95–4) (provided for in subheading 2842.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107141.

Modified amine complex of boron trifluoride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.41 | Propan-2-amine, compound with trifluoroborane, reaction products with 2-(butoxymethyl)oxirane (amine complex of boron trifluoride) (CAS No. 68478–97–7) (provided for in subheading 2842.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107142.

Trichlorosilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.42 | Trichlorosilicon (CAS No. 10025–78–2) (provided for in subheading 2853.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107143.

1,3-Dichloropropene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.43 | (E)-1,3-Dichloroprop-1-ene (CAS No. 542–75–6) (provided for in subheading 2903.29.00) | 2.3% | No change | No change | On or before 12/31/2023” |
.
107144.

Hexafluoroisobutylene (HFIB)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.44 | 3,3,3-Trifluoro-2-(trifluoromethyl)prop-1-ene (CAS No. 382–10–5) (provided for in subheading 2903.39.20) | Free | No change | No change | On or before 12/31/2023” |
.
107145.

1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.45 | 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane (CAS No. 2043–57–4) (provided for in subheading 2903.79.90) | Free | No change | No change | On or before 12/31/2023” |
.
107146.

Ethyl benzyl chloride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.46 | 1-(Chloromethyl)-3-ethylbenzene (CAS No. 26968–58–1) (provided for in subheading 2903.99.80) | Free | No change | No change | On or before 12/31/2023” |
.
107147.

Perfluoroalkyl sulfonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.47 | Potassium 1,1,2,2,3,3,4,4,4-nonafluorobutane-1-sulphonate (CAS No. 29420–49–3) (provided for in subheading 2904.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107148.

D-Mannitol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.48 | (2R,3R,4R,5R)-Hexane-1,2,3,4,5,6-hexol (D-Mannitol) (CAS No. 69–65–8) (provided for in subheading 2905.43.00) | 2.9% | No change | No change | On or before 12/31/2023” |
.
107149.

3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.49 | 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol (CAS No. 647–42–7) (provided for in subheading 2905.59.90) | Free | No change | No change | On or before 12/31/2023” |
.
107150.

Phenyl isopropanol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.50 | 2-Phenylpropan-2-ol (CAS No. 617–94–7) (provided for in subheading 2906.29.60) | Free | No change | No change | On or before 12/31/2023” |
.
107151.

Hydroxytyrosol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.51 | 4-(2-Hydroxyethyl)benzene-1,2-diol (Hydroxytyrosol) (CAS No. 10597–60–1) (provided for in subheading 2907.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107152.

1,6-Dihydroxynaphthalene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.52 | Naphthalene-1,6-diol (CAS No. 575–44–0) (provided for in subheading 2907.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107153.

Antioxidant for plastics and rubber
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.53 | Antioxidant 330 (4-[[3,5-Bis[(3,5-ditert-butyl-4-hydroxyphenyl)methyl]-2,4,6-trimethylphenyl]methyl]-2,6-ditert-butylphenol) (CAS No. 1709–70–2) (provided for in subheading 2907.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107154.

Toluhydroquinone (THQ)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.54 | 2-Methylbenzene-1,4-diol (CAS No. 95–71–6) (provided for in subheading 2907.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107155.

1,1,1-Tris(4-hydroxyphenyl)ethane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.55 | 4-[1,1-Bis(4-hydroxyphenyl)ethyl]phenol (CAS No. 27955–94–8) (provided for in subheading 2907.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107156.

mPEG6-mesylate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.56 | Methanesulfonic acid; 2-[2-[2-[2-[2-(2-methoxyethoxy) ethoxy]ethoxy]ethoxy]ethoxy] ethanol (CAS No. 130955–39–4) (provided for in subheading 2909.19.18) | Free | No change | No change | On or before 12/31/2023” |
.
107157.

Monoethylene glycol dimethyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.57 | 1,2-Dimethoxyethane (CAS No. 110–71–4) (provided for in subheading 2909.19.60) | Free | No change | No change | On or before 12/31/2023” |
.
107158.

Diethylene glycol dimethyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.58 | 1-Methoxy-2-(2-methoxyethoxy)ethane (CAS No. 111–96–6) (provided for in subheading 2909.19.60) | Free | No change | No change | On or before 12/31/2023” |
.
107159.

Diethylene glycol dibutyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.59 | 1-[2-(2-Butoxyethoxy)ethoxy]butane (CAS No. 112–73–2) (provided for in subheading 2909.19.60) | Free | No change | No change | On or before 12/31/2023” |
.
107160.

Tetraethylene glycol dimethyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.60 | 1-Methoxy-2-[2-[2-(2-methoxyethoxy)ethoxy]ethoxy]ethane (CAS No. 143–24–8) (provided for in subheading 2909.19.60) | Free | No change | No change | On or before 12/31/2023” |
.
107161.

Glycol diether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.61 | 1-Methoxy-3-(3-methoxypropoxy)propane (CAS No. 111109–77–4) (provided for in subheading 2909.49.60) | Free | No change | No change | On or before 12/31/2023” |
.
107162.

Diglycidyl resorcinol ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.64 | 2-[[3-(Oxiran-2-ylmethoxy)phenoxy]methyl]oxirane (diglycidyl resorcinol ether) (CAS No. 101–90–6) (provided for in subheading 2910.90.20) | Free | No change | No change | On or before 12/31/2023” |
.
107163.

Allyl glycidyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.66 | 2-(Prop-2-enoxymethyl)oxirane (allyl glycidyl ether) (CAS No. 106–92–3) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107164.

Vinylcyclohexane monoxide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.67 | 3-Ethenyl-7-oxabicyclo[4.1.0]heptane (CAS No. 106–86–5) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107165.

Technical grade of butyl glycidyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.68 | Technical grade 2-(butoxymethyl)oxirane (CAS No. 2426–08–6) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107166.

Aliphatic glycidyl ether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.69 | 2-(2-Ethylhexoxymethyl)oxirane (CAS No. 2461–15–6) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107167.

Diglycidyl ether of 1,4-butanediol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.70 | 2-[4-(Oxiran-2-ylmethoxy)butoxymethyl]oxirane (CAS No. 2425–79–8) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107168.

Technical grade of the glycidyl ether of cyclohexane dimethanol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.71 | 2-[[4-(Oxiran-2-ylmethoxymethyl) cyclohexyl]methoxymethyl]oxirane (1,4-bis((2,3-epoxypropoxy)methyl)cyclohexane technical) (CAS No. 14228–73–0) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107169.

Glycidyl ester of neodecanoic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.72 | 2,3-Epoxypropyl neodecanoate (CAS No. 26761–45–5) (provided for in subheading 2910.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107170.

Cumaldehyde
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.73 | 4-Propan-2-ylbenzaldehyde (Cumaldehyde) (CAS No. 122–03–2) (provided for in subheading 2912.29.60) | Free | No change | No change | On or before 12/31/2023” |
.
107171.

Cyprinal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.74 | α-Methylcinnamaldehyde (CAS No. 101–39–3) (provided for in subheading 2912.29.60) | Free | No change | No change | On or before 12/31/2023” |
.
107172.

Sodium o-formylbenzenesulfonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.75 | Sodium;2-formylbenzenesulfonate (CAS No. 1008–72–6) (provided for in subheading 2913.00.50) | Free | No change | No change | On or before 12/31/2023” |
.
107173.

Acetylacetone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.76 | Pentane-2,4-dione (Acetylacetone) (CAS No. 123–54–6) (provided for in subheading 2914.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107174.

Acetyl propionyl
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.77 | Pentane-2,3-dione (CAS No. 600–14–6) (provided for in subheading 2914.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107175.

Alpha ionone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.78 | (E)-4-(2,6,6-Trimethylcyclohex-2-en-1-yl)but-3-en-2-one (α-ionone) derived from natural sources (CAS No. 127–41–3) (provided for in subheading 2914.23.00) | Free | No change | No change | On or before 12/31/2023” |
.
107176.

2,3,4,5 Tetramethylcyclopent-2-enone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.79 | 2,3,4,5-Tetramethylcyclopent-2-enone (CAS No. 54458–61–6) (provided for in subheading 2914.29.50) | Free | No change | No change | On or before 12/31/2023” |
.
107177.

Menthone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.80 | Menthone ((2S,5R)-5-methyl-2-propan-2-ylcyclohexan-1-one) derived from natural sources (CAS No. 89–80–5) (provided for in subheading 2914.29.50) | Free | No change | No change | On or before 12/31/2023” |
.
107178.

L-Carvone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.81 | (5R)-2-Methyl-5-(prop-1-en-2-yl)cyclohex-2-en-1-one (L-carvone) (CAS No. 6485–40–1) (provided for in subheading 2914.29.50) | Free | No change | No change | On or before 12/31/2023” |
.
107179.

Benzoin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.82 | 2-Hydroxy-1,2-diphenylethanone (Benzoin) (CAS No. 119–53–9) (provided for in subheading 2914.40.40) | Free | No change | No change | On or before 12/31/2023” |
.
107180.

Methyl cyclopentenolone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.83 | Methyl cyclopentenolone (2-hydroxy-3-methylcyclopent-2-en-1-one) (CAS No. 80–71–7) (provided for in subheading 2914.40.90) | Free | No change | No change | On or before 12/31/2023” |
.
107181.

2,4-Dihydroxy-1,5-dibenzoylbenzene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.84 | (4,6-Dihydroxy-1,3-phenylene)bis(phenylmethanone) (CAS No. 3088–15–1) (provided for in subheading 2914.50.30) | Free | No change | No change | On or before 12/31/2023” |
.
107182.

Difluorobenzophenone (DFBP)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.85 | Bis(4-fluorophenyl)methanone (CAS No. 345–92–6) (provided for in subheading 2914.79.40) | 2.3% | No change | No change | On or before 12/31/2023” |
.
107183.

PTMI
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.86 | 2-Methyl-1-[4-(trifluoromethoxy)phenyl]propan-1-one (CAS No. 56425–84–4) (provided for in subheading 2914.79.40) | Free | No change | No change | On or before 12/31/2023” |
.
107184.

Metrafenone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.87 | (3-Bromo-6-methoxy-2-methylphenyl)(2,3,4-trimethoxy-6- methylphenyl)methanone (Metrafenone) (CAS No. 220899–03–6) (provided for in subheading 2914.79.40) | Free | No change | No change | On or before 12/31/2023” |
.
107185.

Hexachloroacetone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.88 | Hexachloroacetone; 1,1,1,3,3,3-hexachloropropan-2-one (CAS No. 116–16–5) (provided for in subheading 2914.79.90) | Free | No change | No change | On or before 12/31/2023” |
.
107186.

Fire suppression agent
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.89 | 1,1,1,2,2,4,5,5,5-nonafluoro-4-(trifluoromethyl)pentan-3-one (CAS No. 756–13–8) (provided for in subheading 2914.79.90) | Free | No change | No change | On or before 12/31/2023” |
.
107187.

D(+)-10-Camphor sulfonic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.90 | (1S,4R)-7,7-Dimethyl-2-oxo-1-bicyclo[2.2.1]heptanyl] methanesulfonic acid (CAS No. 3144–16–9) (provided for in subheading 2914.79.90) | Free | No change | No change | On or before 12/31/2023” |
.
107188.

Benzyl acetate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.91 | Benzyl acetate (CAS No. 140–11–4) (provided for in subheading 2915.39.10) | Free | No change | No change | On or before 12/31/2023” |
.
107189.

Propylene glycol diacetate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.92 | 2-Acetyloxypropyl acetate (CAS No. 623–84–7) (provided for in subheading 2915.39.47) | Free | No change | No change | On or before 12/31/2023” |
.
107190.

Isopropenyl acetate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.93 | Prop-1-en-2-yl acetate (Isopropenyl acetate) (CAS No. 108–22–5) (provided for in subheading 2915.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107191.

Diacetin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.94 | (2-Acetyloxy-3-hydroxypropyl) acetate (CAS No. 25395–31–7) (provided for in subheading 2915.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107192.

Cocoamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.95 | Amines, coco alkyl (Cocoamine) (CAS No. 61788–46–3) (provided for in subheading 2915.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107193.

Caprylic acid 98%
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.96 | Decanoic acid (CAS No. 334–48–5) (provided for in subheading 2915.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107194.

Fine zinc myristate powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.97 | Zinc myristate powder, 99 percent is under 300 mesh (CAS No. 16260–27–8) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107195.

Fine magnesium myristate powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.98 | Magnesium tetradecanoate powder (CAS No. 4086–70–8) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107196.

Dipentaerythrityl hexahydroxystearate/hexastearate/hexarosinate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.19.99 | Dipentaerythrityl mixed esters with stearate, 12-hydroxyoctadecanoate and resinate, two acidic residues (CAS No. 208126–52–7) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107197.

Polyglyceryl-2 triisostearate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.01 | [3-[2,3-bis(16-Methylheptadecanoyloxy)propoxy]-2-hydroxypropyl] 16-methylheptadecanoate (CAS No. 120486–24–0) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107198.

Neopentyl glycol diethylhexanoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.02 | [3-(2-Ethylhexanoyloxy)-2,2-dimethylpropyl] 2-ethylhexanoate (CAS No. 28510–23–8) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107199.

Isononyl isononate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.03 | 7-Methyloctyl 7-methyloctanoate (CAS No. 42131–25–9) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107200.

Acetyl chloride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.04 | Acetyl chloride (CAS No. 75–36–5) (provided for in subheading 2915.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107201.

Potassium sorbate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.05 | Potassium;(2E,4E)-hexa-2,4-dienoate (Potassium sorbate) (CAS No. 24634–61–5) (provided for in subheading 2916.19.10) | 2% | No change | No change | On or before 12/31/2023” |
.
107202.

Vinyl chloroformate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.06 | Ethenyl carbonochloridate (Vinyl chloroformate) (CAS No. 5130–24–5) (provided for in subheading 2916.19.50) | Free | No change | No change | On or before 12/31/2023” |
.
107203.

Permethrin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.07 | (3-Phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane-1-carboxylate (Permethrin) (CAS No. 52645–53–1) (provided for in subheading 2916.20.50) | Free | No change | No change | On or before 12/31/2023” |
.
107204.

Sodium benzoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.08 | Micronized sodium benzoate (CAS No. 532–32–1) of a kind used as a polymer modifier (provided for in subheading 2916.31.11) | Free | No change | No change | On or before 12/31/2023” |
.
107205.

Benzoic acid, flake
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.09 | Benzoic acid, flake (CAS No. 65–85–0) (provided for in subheading 2916.31.11) | 4.3% | No change | No change | On or before 12/31/2023” |
.
107206.

Diethylene glycol dibenzoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.10 | 2-(2-Benzoyloxyethoxy)ethyl benzoate (CAS No. 120–55–8) (provided for in subheading 2916.31.30) | 1% | No change | No change | On or before 12/31/2023” |
.
107207.

Methyl benzoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.11 | Methyl benzoate (CAS No. 93–58–3) (provided for in subheading 2916.31.50) | Free | No change | No change | On or before 12/31/2023” |
.
107208.

M-Nitrobenzoic acid sodium salt
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.12 | Sodium; 3-nitrobenzoate (CAS No. 827–95–2) (provided for in subheading 2916.39.79) | Free | No change | No change | On or before 12/31/2023” |
.
107209.

p-Nitrobenzoic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.13 | 4-Nitrobenzoic acid (CAS No. 62–23–7) (provided for in subheading 2916.39.79) | Free | No change | No change | On or before 12/31/2023” |
.
107210.

4-tert Butylbenzoic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.14 | 4-tert-Butylbenzoic acid (CAS No. 98–73–7) (provided for in subheading 2916.39.79) | Free | No change | No change | On or before 12/31/2023” |
.
107211.

Sodium adipate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.15 | Disodium;hexanedioate (Sodium adipate) (CAS No. 7486–38–6), in granule form, with a particle size of 250 µm to 850 µm (provided for in subheading 2917.12.50) | Free | No change | No change | On or before 12/31/2023” |
.
107212.

Dimethyl sebacate (DMS)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.16 | Dimethyl sebacate (CAS No. 106–79–6) (provided for in subheading 2917.13.00) | Free | No change | No change | On or before 12/31/2023” |
.
107213.

Dodecanedioic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.17 | Dodecanedioic acid (CAS No. 693–23–2) (provided for in subheading 2917.19.70) | 2.8% | No change | No change | On or before 12/31/2023” |
.
107214.

Polyhydroxystearic acid of low acid value
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.18 | Acyclic polycarboxylic containing octadecanoic acid, 12-hydroxy-, homopolymer, octadecanoate with an acid value less than 40 mg/g KOH (CAS No. 58128–22–6) (provided for in subheading 2917.19.70) | Free | No change | No change | On or before 12/31/2023” |
.
107215.

Undecanedioic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.19 | Undecanedioic acid (CAS No. 1852–04–6) (provided for in subheading 2917.19.70) | Free | No change | No change | On or before 12/31/2023” |
.
107216.

Hexadecanedioic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.20 | Hexadecanedioic acid (CAS No. 505–54–4) (provided for in subheading 2917.19.70) | Free | No change | No change | On or before 12/31/2023” |
.
107217.

Tetradecanedioic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.21 | Tetradecanedioic acid (CAS No. 821–38–5) (provided for in subheading 2917.19.70) | Free | No change | No change | On or before 12/31/2023” |
.
107218.

Pentadecanedioic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.22 | Pentadecanedioic acid (CAS No. 1460–18–0) (provided for in subheading 2917.19.70) | Free | No change | No change | On or before 12/31/2023” |
.
107219.

Tridecanedioic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.23 | Tridecanedioic acid (CAS No. 505–52–2) (provided for in subheading 2917.19.70) | Free | No change | No change | On or before 12/31/2023” |
.
107220.

Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.24 | Dimethyl 1,1-cyclopropanedicarboxylate (CAS No. 6914–71–2) (provided for in subheading 2917.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107221.

Calcium HHPA
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.25 | Calcium (1S,2R)-cyclohexane-1,2-dicarboxylate (CAS No. 491589–22–1) (provided for in subheading 2917.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107222.

Diethyl phthalate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.26 | Diethyl benzene-1,2-dicarboxylate (CAS No. 84–66–2) (provided for in subheading 2917.34.01) | Free | No change | No change | On or before 12/31/2023” |
.
107223.

Ammonium lactate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.27 | Ammonium lactate (Azanium;2-hydroxypropanoate) (CAS No. 515–98–0) having a purity of at least 99 percent (provided for in subheading 2918.11.51) | Free | No change | No change | On or before 12/31/2023” |
.
107224.

Triethyl 2-hydroxypropane-1,2,3-tricarboxylate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.28 | Triethyl 2-hydroxypropane-1,2,3-tricarboxylate (CAS No. 77–93–0) (provided for in subheading 2918.15.50) | Free | No change | No change | On or before 12/31/2023” |
.
107225.

Diisostearyl malate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.29 | Carboxylic acid of bis(16-methylheptadecyl) 2-hydroxybutanedioate (CAS No. 81230–05–9) (provided for in subheading 2918.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107226.

Salicylic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.30 | 2-Hydroxybenzoic acid (salicylic acid) (CAS No. 69–72–7) (provided for in subheading 2918.21.50) | Free | No change | No change | On or before 12/31/2023” |
.
107227.

Hexyl salicylate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.31 | Hexyl 2-hydroxybenzoate (CAS No. 6259–76–3) (provided for in subheading 2918.23.20) | Free | No change | No change | On or before 12/31/2023” |
.
107228.

Alpha-ketogluteric acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.32 | Alpha-ketogluteric acid (2-oxopentanedioic acid) (CAS No. 328–50–7) (provided for in subheading 2918.30.90) | Free | No change | No change | On or before 12/31/2023” |
.
107229.

MCPB herbicide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.33 | 4-(4-Chloro-2-methylphenoxy) butyric acid (CAS No. 94–81–5) (provided for in subheading 2918.99.18) | Free | No change | No change | On or before 12/31/2023” |
.
107230.

2,4-D Butoxyethylester
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.34 | 2-Butoxyethyl 2-(2,4-dichlorophenoxy)acetate (CAS No. 1929–73–3) (provided for in subheading 2918.99.20) | Free | No change | No change | On or before 12/31/2023” |
.
107231.

2-(2,4-Dichlorophenoxy)acetic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.35 | 2-(2,4-Dichlorophenoxy)acetic acid (CAS No. 94–75–7) (provided for in subheading 2918.99.20) | 4.9% | No change | No change | On or before 12/31/2023” |
.
107232.

Diglycolic acid 98%
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.36 | 2-(Carboxymethoxy)acetic acid (diglycolic acid) having a purity of at least 98 percent (CAS No. 110–99–6) (provided for in subheading 2918.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107233.

Tri-iso-butyl phosphate (TiBP)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.37 | tris(2-Methylpropyl) phosphate (CAS No. 126–71–6) (provided for in subheading 2919.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107234.

Trimethylphosphite
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.38 | Trimethyl phosphite (CAS No. 121–45–9) (provided for in subheading 2920.23.00) | Free | No change | No change | On or before 12/31/2023” |
.
107235.

Organic phosphite
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.39 | 1,9-Dicyclohexyl-11-hydroxy-3,7-dimethyl-5H-benzo[d] [1,3,2]benzodioxaphosphocine (CAS No. 73912–21–7) (provided for in subheading 2920.90.20) | Free | No change | No change | On or before 12/31/2023” |
.
107236.

Diethyl sulfate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.40 | Diethyl sulfate (CAS No. 64–67–5) (provided for in subheading 2920.90.51) | Free | No change | No change | On or before 12/31/2023” |
.
107237.

Diethyl carbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.41 | Diethyl carbonate (CAS No. 105–58–8) (provided for in subheading 2920.90.51) | Free | No change | No change | On or before 12/31/2023” |
.
107238.

Ethyl methyl carbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.42 | Ethyl methyl carbonate (CAS No. 623–53–0) (provided for in subheading 2920.90.51) | 2.7% | No change | No change | On or before 12/31/2023” |
.
107239.

Tetradecoxycarbonyloxy tetradecyl carbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.43 | Tetradecoxycarbonyloxy tetradecyl carbonate (CAS No. 53220–22–7) (provided for in subheading 2920.90.51) | Free | No change | No change | On or before 12/31/2023” |
.
107240.

Dicetyl peroxydicarbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.44 | Hexadecoxycarbonyloxy hexadecyl carbonate (CAS No. 26322–14–5) (provided for in subheading 2920.90.51) | Free | No change | No change | On or before 12/31/2023” |
.
107241.

Tetraethyl silicate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.45 | Tetraethyl silicate (CAS No. 78–10–4) (provided for in subheading 2920.90.51) | Free | No change | No change | On or before 12/31/2023” |
.
107242.

tert-Octylamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.46 | 2,4,4-Trimethylpentan-2-amine (CAS No. 107–45–9) (provided for in subheading 2921.19.61) | Free | No change | No change | On or before 12/31/2023” |
.
107243.

Octadecylamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.47 | Octadecan-1-amine (Octadecylamine) (CAS No. 124–30–1) (provided for in subheading 2921.19.61) | Free | No change | No change | On or before 12/31/2023” |
.
107244.

N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.48 | N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine (CAS No. 2372–82–9) (provided for in subheading 2921.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
107245.

1,10-Diaminodecane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.49 | Decane-1,10-diamine (CAS No. 646–25–3) (provided for in subheading 2921.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
107246.

1,5-Pentanediamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.50 | Pentane-1,5-diamine (CAS No. 462–94–2) (provided for in subheading 2921.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
107247.

Dicyclohexylamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.51 | N-cyclohexylcyclohexanamine (CAS No. 101–83–7) (provided for in subheading 2921.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107248.

Amantadine hydrochloride 99%
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.52 | Adamantan-1-amine hydrochloride having a purity of at least 99 percent (CAS No. 665–66–7) (provided for in subheading 2921.30.50) | Free | No change | No change | On or before 12/31/2023” |
.
107249.

N,N-Dimethylaniline
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.53 | N,N-Dimethylaniline (CAS No. 121–69–7) (provided for in subheading 2921.42.10) | Free | No change | No change | On or before 12/31/2023” |
.
107250.

Paranitroaniline (PNA)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.54 | p-Nitroaniline (CAS No. 100–01–6) (provided for in subheading 2921.42.90) | Free | No change | No change | On or before 12/31/2023” |
.
107251.

Dicloran
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.55 | 2,6-Dichloro-4-nitroaniline (Dicloran) (CAS No. 99–30–9) (provided for in subheading 2921.42.90) | Free | No change | No change | On or before 12/31/2023” |
.
107252.

N,N-Dimethyl-p-toluidine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.56 | N,N-Dimethyl-p-toluidine (CAS No. 99–97–8) (provided for in subheading 2921.43.08) | Free | No change | No change | On or before 12/31/2023” |
.
107253.

Pendimethalin technical
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.57 | 3,4-Dimethyl-2,6-dinitro-N-pentan-3-ylaniline (Pendimethalin) (CAS No. 40487–42–1) (provided for in subheading 2921.49.50) | Free | No change | No change | On or before 12/31/2023” |
.
107254.

Benzyldimethylamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.58 | N,N-Dimethyl-1-phenylmethanamine (CAS No. 103–83–3) (provided for in subheading 2921.49.50) | Free | No change | No change | On or before 12/31/2023” |
.
107255.

Diphenyl diphenylene diamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.59 | 1-N,4-N-Diphenylbenzene-1,4-diamine (CAS No. 74–31–7) (provided for in subheading 2921.51.50) | Free | No change | No change | On or before 12/31/2023” |
.
107256.

Curative for epoxy resin systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.60 | 4-[(4-Amino-3-methyl-5-propan-2-ylphenyl)methyl]-2-methyl-6-propan-2-ylaniline (CAS No. 16298–38–7) (provided for in subheading 2921.59.40) | Free | No change | No change | On or before 12/31/2023” |
.
107257.

TFMB
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.61 | 4-[4-Amino-2-(trifluoromethyl)phenyl]-3-(trifluoromethyl)aniline (CAS No. 341–58–2) (provided for in subheading 2921.59.80) | Free | No change | No change | On or before 12/31/2023” |
.
107258.

S-N-Alkyl-anilin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.62 | 2-Ethyl-N-[(2S)-1-methoxypropan-2-yl]-6-methylaniline (CAS No. 118604–70–9) (provided for in subheading 2922.19.60) | 2.9% | No change | No change | On or before 12/31/2023” |
.
107259.

p-Cresidine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.63 | 2-Methoxy-5-methylaniline (CAS No. 120–71–8) (provided for in subheading 2922.29.81) | Free | No change | No change | On or before 12/31/2023” |
.
107260.

Iminodiacetic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.64 | 2-(Carboxymethylamino)acetic acid (CAS No. 142–73–4) (provided for in subheading 2922.49.49) | 1% | No change | No change | On or before 12/31/2023” |
.
107261.

11 Aminoundecanoic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.65 | 11-Aminoundecanoic acid (CAS No. 2432–99–7) (provided for in subheading 2922.49.49) | 2.6% | No change | No change | On or before 12/31/2023” |
.
107262.

L-Orinithine L-aspartate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.66 | (2S)-2-Aminobutanedioic acid;(2S)-2,5-diaminopentanoic acid (CAS No. 3230–94–2) (provided for in subheading 2922.49.49) | Free | No change | No change | On or before 12/31/2023” |
.
107263.

Iron sodium DTPA
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.67 | Sodium 2-[bis[2-[bis(carboxymethyl) amino]ethyl]amino]acetate iron (CAS No. 12389–75–2) (provided for in subheading 2922.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107264.

Iron glycinate complex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.68 | Ferrate(2-), hexaaqua[μ-(glycinato-κO:κO′)](glycinato-κO)bis[sulfato(2-)-κO]di-, dihydrogen (CAS No. 536974–51–3) (provided for in subheading 2922.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107265.

Copper glycinate complex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.69 | Cuprate(1-), diaqua(glycinato-κO)[sulfato(2-)-κO]-, hydrogen (CAS No. 536974–53–5) (provided for in subheading 2922.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107266.

Zinc glycinate complex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.70 | Zincate(1-), diaqua(glycinato-κO)[sulfato(2-)-κO]-, hydrogen, (T-4)- (CAS No. 536974–54–6) (provided for in subheading 2922.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107267.

Manganese glycinate complex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.71 | Manganese(2+) 2-aminoacetate (CAS No. 14281–77–7) (provided for in subheading 2922.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107268.

Iron sodium EDDHA
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.72 | Iron sodium ethylenediaminedihydroxyphenylacetic acid (sodium [[α,α′-(ethylenediimino)bis[2-hydroxybenzene-1-acetato]](4-)]ferrate(1-)) (CAS No. 16455–61–1) (provided for in subheading 2922.50.35) | Free | No change | No change | On or before 12/31/2023” |
.
107269.

DMF-DMA
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.73 | 1,1-Dimethoxy-N,N-dimethylmethanamine (CAS No. 4637–24–5) (provided for in subheading 2922.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107270.

Mixtures of DMSO and tetrabutyl ammonium fluoride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.74 | Mixtures of methylsulfinylmethane (Dimethyl sulfoxide DMSO) (CAS No. 67–68–5) and tetrabutylammonium fluoride trihydrate (tetrabutylazanium;fluoride;trihydrate) (CAS No. 87749–50–6) (60:40) (provided for in subheading 2923.90.01) | Free | No change | No change | On or before 12/31/2023” |
.
107271.

Betaine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.75 | Betaine (2-(trimethylazaniumyl)acetate) (CAS No. 107–43–7) (provided for in subheading 2923.90.01) | Free | No change | No change | On or before 12/31/2023” |
.
107272.

Prolonium chloride in aqueous solution
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.76 | Aqueous solution of [2-hydroxy-3-(trimethylazaniumyl)propyl]-trimethylazanium;dichloride with a concentration of greater than 49 percent and less than 51 percent by weight (CAS No. 55636–09–4) (provided for in subheading 2923.90.01) | Free | No change | No change | On or before 12/31/2023” |
.
107273.

N,N-Dimethylacetamide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.77 | N,N-Dimethylacetamide (CAS No. 127–19–5) (provided for in subheading 2924.19.11) | 2% | No change | No change | On or before 12/31/2023” |
.
107274.

N,N-Dimethylformamide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.78 | N,N-Dimethylformamide (CAS No. 68–12–2) (provided for in subheading 2924.19.11) | 1.2% | No change | No change | On or before 12/31/2023” |
.
107275.

DAAM
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.79 | N-(2-Methyl-4-oxo-2-pentanyl)acrylamide (CAS No. 2873–97–4) (provided for in subheading 2924.19.80) | Free | No change | No change | On or before 12/31/2023” |
.
107276.

L-Alanyl L-glutamine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.80 | L-Alanyl L-glutamine ((2S)-5-amino-2-[[(2S)-2-aminopropanoyl]amino]-5-oxopentanoic acid) (CAS No. 39537–23–0) (provided for in subheading 2924.19.80) | Free | No change | No change | On or before 12/31/2023” |
.
107277.

Granular acrylamido-tert-butyl sulfonic acid (ATBS)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.81 | Granular 2-methyl-2-(prop-2-enoylamino)propane-1-sulfonic acid (CAS No. 15214–89–8) (provided for in subheading 2924.19.80) | 6% | No change | No change | On or before 12/31/2023” |
.
107278.

Glycyl-L-glutamine hydrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.82 | Glycyl-L-glutamine hydrate ((2S)-5-amino-2-[(2-aminoacetyl)amino]-5-oxopentanoic acid;hydrate) (CAS No. 211446–46–7) (provided for in subheading 2924.19.80) | Free | No change | No change | On or before 12/31/2023” |
.
107279.

Noviflumuron
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.83 | N-[[3,5-Dichloro-2-fluoro-4-(1,1,2,3,3,3-hexafluoropropoxy)phenyl]carbamoyl]-2,6-difluorobenzamide (Noviflumuron) (CAS No. 121451–02–3) (provided for in subheading 2924.21.20) | Free | No change | No change | On or before 12/31/2023” |
.
107280.

Propanil technical
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.84 | N-(3,4-dichlorophenyl)propanamide (CAS No. 709–98–8) (provided for in subheading 2924.29.47) | Free | No change | No change | On or before 12/31/2023” |
.
107281.

Hexaflumuron
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.85 | N-[[3,5-Dichloro-4-(1,1,2,2-tetrafluoroethoxy)phenyl]carbamoyl]-2,6-difluorobenzamide (Hexaflumuron) (CAS No. 86479–06–3) (provided for in subheading 2924.29.47) | 4.4% | No change | No change | On or before 12/31/2023” |
.
107282.

Stabilizer for plastics and rubber
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.86 | 3-(3,5-Ditert-butyl-4-hydroxyphenyl)-N-[3-[3-(3,5-ditert-butyl-4-hydroxyphenyl) propanoylamino]propyl]propanamide (CAS No. 69851–61–2) (provided for in subheading 2924.29.71) | Free | No change | No change | On or before 12/31/2023” |
.
107283.

2-Amino-5-chloro-N,3-dimethylbenzamide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.87 | 2-Amino-5-chloro-N,3-dimethylbenzamide (CAS No. 890707–28–5) (provided for in subheading 2924.29.71) | 6.1% | No change | No change | On or before 12/31/2023” |
.
107284.

Glycyl-L-tyrosine dihydrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.88 | Glycyl-L-tyrosine dihydrate ((2S)-2-[(2-aminoacetyl)amino]-3-(4-hydroxyphenyl)propanoic acid;dihydrate) (CAS No. 39630–46–1) (provided for in subheading 2924.29.71) | Free | No change | No change | On or before 12/31/2023” |
.
107285.

L-Alanyl-L-tyrosine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.89 | L-Alanyl L-tyrosine ((2S)-2-[[(2S)-2-aminopropanoyl]amino]-3-(4-hydroxyphenyl)propanoic acid) (CAS No. 3061–88–9) (provided for in subheading 2924.29.71) | Free | No change | No change | On or before 12/31/2023” |
.
107286.

Enzalutamide ITS-2
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.90 | 2-[3-Fluoro-4-(methylcarbamoyl)anilino]-2-methylpropanoic acid (CAS No. 1289942–66–0) (provided for in subheading 2924.29.71) | Free | No change | No change | On or before 12/31/2023” |
.
107287.

4-Bromo-2-fluoro-N-methylbenzamide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.91 | 4-Bromo-2-fluoro-N-methylbenzamide (CAS No. 749927–69–3) (provided for in subheading 2924.29.71) | Free | No change | No change | On or before 12/31/2023” |
.
107288.

N-Boc-1-aminocyclobutanecarboxylic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.92 | 1-[(2-Methylpropan-2-yl)oxycarbonylamino] cyclobutane-1-carboxylic acid (CAS No. 120728–10–1) (provided for in subheading 2924.29.95) | Free | No change | No change | On or before 12/31/2023” |
.
107289.

N′-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide (BMH) (oil treated)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.93 | 3-Hydroxy-N-[(Z)-4-methylpentan-2-ylideneamino]naphthalene-2-carboxamide (CAS No. 214417–91–1), oil treated (provided for in subheading 2925.19.42) | 3.5% | No change | No change | On or before 12/31/2023” |
.
107290.

Guanidine sulfamate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.94 | Guanidine sulfamic acid (CAS No. 50979–18–5) (provided for in subheading 2925.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107291.

Liquid, blocked cycloaliphatic diamine used as crosslinker for polyisocyanate resins
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.95 | 2-Methyl-N-[[1,3,3-trimethyl-5-(2-methylpropylideneamino)cyclohexyl]methyl]propan-1-imine (CAS No. 54914–37–3) (provided for in subheading 2925.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107292.

3,4-Difluorobenzonitrile
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.96 | 3,4-Difluorobenzonitrile (CAS No. 64248–62–0) (provided for in subheading 2926.90.43) | Free | No change | No change | On or before 12/31/2023” |
.
107293.

2-Amino-5-cyano-N,3-dimethylbenzamide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.97 | 2-Amino-5-cyano-N,3-dimethylbenzamide (CAS No. 890707–29–6) (provided for in subheading 2926.90.43) | 4.5% | No change | No change | On or before 12/31/2023” |
.
107294.

TFMPA
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.98 | 2-[3-(Trifluoromethyl)phenyl]acetonitrile (CAS No. 2338–76–3) (provided for in subheading 2926.90.48) | Free | No change | No change | On or before 12/31/2023” |
.
107295.

Dimethyl 2,2′-Azobisisobutyrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.20.99 | Methyl 2-[(1-methoxy-2-methyl-1-oxopropan-2-yl)diazenyl]-2-methylpropanoate (CAS No. 2589–57–3) (provided for in subheading 2927.00.40) | Free | No change | No change | On or before 12/31/2023” |
.
107296.

Antioxidant/metal deactivator
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.01 | 3-(3,5-Ditert-butyl-4-hydroxyphenyl)-N′-[3-(3,5-ditert-butyl-4-hydroxyphenyl)propanoyl]propanehydrazide (CAS No. 32687–78–8) (provided for in subheading 2928.00.25) | Free | No change | No change | On or before 12/31/2023” |
.
107297.

Benzyl carbazate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.02 | Benzyl N-aminocarbamate (CAS No. 5331–43–1) (provided for in subheading 2928.00.25) | Free | No change | No change | On or before 12/31/2023” |
.
107298.

Benzene-1,3-dicarbohydrazide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.03 | Benzene-1,3-dicarbohydrazide (CAS No. 2760–98–7) (provided for in subheading 2928.00.25) | Free | No change | No change | On or before 12/31/2023” |
.
107299.

Input for resins, coatings, and other products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.04 | 1,3-Bis(isocyanatomethyl) cyclohexane (CAS No. 38661–72–2) (provided for in subheading 2929.10.55) | Free | No change | No change | On or before 12/31/2023” |
.
107300.

Aldicarb
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.05 | [(E)-(2-Methyl-2-methylsulfanylpropylidene)amino] N-methylcarbamate (Aldicarb) (CAS No. 116–06–3) (provided for in subheading 2930.80.00) | 2.9% | No change | No change | On or before 12/31/2023” |
.
107301.

Flubendiamide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.06 | 1-N-[4-(1,1,1,2,3,3,3-Heptafluoropropan-2-yl)-2-methylphenyl]-3-iodo-2-N-(2-methyl-1-methylsulfonylpropan-2-yl)benzene-1,2-dicarboxamide (Flubendiamide) (CAS No. 272451–65–7) (provided for in subheading 2930.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107302.

Benzobicyclon
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.07 | 3-[2-Chloro-4-(methylsulfonyl)benzoyl]-4-(phenylsulfanyl)bicyclo[3.2.1]oct-3-en-2-one (Benzobicyclon) (CAS No. 156963–66–5) (provided for in subheading 2930.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107303.

Diphenylsulfone (DPS)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.08 | Benzenesulfonylbenzene (CAS No. 127–63–9) (provided for in subheading 2930.90.29) | Free | No change | No change | On or before 12/31/2023” |
.
107304.

Phenolic antioxidant
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.09 | 2,4-bis(Dodecylsulfanylmethyl)-6-methylphenol (CAS No. 110675–26–8) (provided for in subheading 2930.90.29) | Free | No change | No change | On or before 12/31/2023” |
.
107305.

Phenolic antioxidant and heat stabilizer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.10 | 2-[2-[3-(3,5-ditert-Butyl-4-hydroxyphenyl)propanoyloxy] ethylsulfanyl]ethyl 3-(3,5-ditert-butyl-4-hydroxyphenyl)propanoate (CAS No. 41484–35–9) (provided for in subheading 2930.90.29) | Free | No change | No change | On or before 12/31/2023” |
.
107306.

Phenylchlorothioformate (PTCFM)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.11 | o-Phenyl chloromethanethioate (CAS No. 1005–56–7) (provided for in subheading 2930.90.29) | Free | No change | No change | On or before 12/31/2023” |
.
107307.

Methylene bis thiocyanate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.12 | Thiocyanatomethyl thiocyanate (CAS No. 6317–18–6) (provided for in subheading 2930.90.30) | Free | No change | No change | On or before 12/31/2023” |
.
107308.

Oxamyl
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.13 | Methyl (1Z)-2-(dimethylamino)-N-(methylcarbamoyloxy)-2-oxoethanimidothioate (CAS No. 23135–22–0) (provided for in subheading 2930.90.43) | Free | No change | No change | On or before 12/31/2023” |
.
107309.

L-Cystine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.14 | (2R)-2-Amino-3-[[(2R)-2-amino-2-carboxyethyl]disulfanyl]propanoic acid (CAS No. 56–89–3) (provided for in subheading 2930.90.49) | Free | No change | No change | On or before 12/31/2023” |
.
107310.

L-Cysteine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.15 | (2R)-2-Amino-3-sulfanylpropanoic acid (L-cysteine) (CAS No. 52–90–4) (provided for in subheading 2930.90.49) | Free | No change | No change | On or before 12/31/2023” |
.
107311.

N,N′-Bis-L-alanyl-L-cystine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.16 | 2-(2-Aminopropanoylamino)-3-[[2-(2-aminopropanoylamino)-2-carboxyethyl]disulfanyl]propanoic acid (N,N′-bis-L-alanyl-L-cystine) (CAS No. 115888–13–6) (provided for in subheading 2930.90.49) | Free | No change | No change | On or before 12/31/2023” |
.
107312.

Lubricant additive
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.17 | 3-[bis(2-Methylpropoxy)phosphinothioylsulfanyl]-2-methylpropanoic acid (CAS No. 268567–32–4) (provided for in subheading 2930.90.49) | Free | No change | No change | On or before 12/31/2023” |
.
107313.

Sodium benzenesulfinate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.18 | Sodium benzenesulfinate (CAS No. 873–55–2) (provided for in subheading 2930.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107314.

Thio-ether based co-stabilizer for plastics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.19 | 1-(Octadecyldisulfanyl)octadecane (CAS No. 2500–88–1) (provided for in subheading 2930.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107315.

L-Cysteine hydrate hydrochloride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.20 | (2R)-2-Amino-3-sulfanylpropanoic acid;hydrate;hydrochloride (CAS No. 7048–04–6) (provided for in subheading 2930.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107316.

Dimercaprol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.21 | 2,3-Bis(sulfanyl)propan-1-ol (CAS No. 59–52–9) (provided for in subheading 2930.90.91) | Free | No change | No change | On or before 12/31/2023” |
.
107317.

Monoammonium salt of glyphosate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.22 | Azane;2-(phosphonomethylamino)acetic acid (CAS No. 40465–66–5) (provided for in subheading 2931.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
107318.

THPC
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.23 | Tetrakis(hydroxymethyl) phosphonium chloride (CAS No. 124–64–1) (provided for in subheading 2931.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
107319.

Flame retardant for textiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.24 | Tetrakis(hydroxymethyl) phosphonium sulfate (CAS No. 55566–30–8) (provided for in subheading 2931.39.00) | 1.5% | No change | No change | On or before 12/31/2023” |
.
107320.

Glyphosate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.25 | N-(Phosphonomethyl)glycine (Glyphosate) (CAS No. 1071–83–6) (provided for in subheading 2931.39.00) | 3.5% | No change | No change | On or before 12/31/2023” |
.
107321.

Ethephon
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.26 | (2-Chloroethyl)phosphonic acid (Ethephon) (CAS No. 16672–87–0) (provided for in subheading 2931.39.00) | 2.4% | No change | No change | On or before 12/31/2023” |
.
107322.

Benzene phosphinic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.27 | Phenylphosphinic acid (CAS No. 1779–48–2) (provided for in subheading 2931.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
107323.

HEDP
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.28 | Tetrasodium;1,1-diphosphonatoethanol (CAS No. 3794–83–0), in granule form, with a particle size of 250 µm to 850 µm (provided for in subheading 2931.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
107324.

Trimethylchlorosilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.29 | Chloro(trimethyl)silane (CAS No. 75–77–4) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107325.

Chloro-(chloromethyl)-dimethylsilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.30 | Chloro-(chloromethyl)-dimethylsilane (CAS No. 1719–57–9) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107326.

Silicone for electronics cleaners
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.31 | [Dimethyl(trimethylsilyloxy) silyl]oxy-dimethyl-trimethylsilyloxysilane (CAS No. 141–62–8) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107327.

Silicon carrier fluid for active lotions, creams
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.32 | Dodecamethylpentasiloxane; bis[[dimethyl (trimethylsilyloxy)silyl]oxy]-dimethylsilane (CAS No. 141–63–9) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107328.

Vinyltrimethoxysilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.33 | Ethenyl(trimethoxy)silane (CAS No. 2768–02–7) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107329.

n-Octyltriethoxysilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.34 | Triethoxy(octyl)silane (CAS No. 2943–75–1) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107330.

Dimethylbis(s-butylamino)silane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.35 | N-[(Butan-2-ylamino)-dimethylsilyl]butan-2-amine (CAS No. 93777–98–1) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107331.

Aqueous solution of potassium methyl siliconate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.36 | Tripotassium; methyl(trioxido)silane in aqueous solution (CAS No. 31795–24–1) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107332.

Octyltrimethoxysilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.37 | Trimethoxy(2,4,4-trimethylpentyl)silane (CAS No. 34396–03–7) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107333.

Octlytriethoxysilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.38 | Triethoxy(2,4,4-trimethylpentyl)silane (CAS No. 35435–21–3) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107334.

Methyltris(sec-butylamino)silane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.40 | N-[Bis(butan-2-ylamino)-methylsilyl]butan-2-amine (CAS No. 37697–65–7) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107335.

Methyltris(methylethylketoximino)silane (MOS)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.41 | (E)-N-[Bis[[(E)-butan-2-ylideneamino]oxy]-methylsilyl]oxybutan-2-imine (CAS No. 22984–54–9) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107336.

Heptamethyltrisiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.42 | Methyl-bis(trimethylsilyloxy)silicon (CAS No. 1873–88–7) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107337.

Tetramethyldisiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.43 | 1,1,3,3-Tetramethyldisiloxane (CAS No. 3277–26–7) (provided for in subheading 2931.90.90) | 1% | No change | No change | On or before 12/31/2023” |
.
107338.

Dimethylchlorosilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.44 | Chloro(dimethyl)silicon (CAS No. 1066–35–9) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107339.

Dichloromethylsilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.45 | Dichloromethylsilane (CAS No. 75–54–7) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107340.

Tris(TFP)-methylcyclo-trisiloxane DR
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.46 | 2,4,6-Trimethyl-2,4,6-tris(3,3,3-trifluoropropyl)-1,3,5,2,4,6-trioxatrisilinane (CAS No. 2374–14–3) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107341.

Tetravinyltetramethylcyclo­tetra­siloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.47 | 2,4,6,8-Tetrakis(ethenyl)-2,4,6,8-tetramethyl-1,3,5,7,2,4,6,8-tetraoxatetrasilocane (CAS No. 2554–06–5) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107342.

Divinyltetramethyldisiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.48 | Ethenyl-[ethenyl(dimethyl)silyl]oxy-dimethylsilane (CAS No. 2627–95–4) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107343.

Input for plant protection agent
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.49 | Cyclopropanol, 2-(butyldimethylsilyl)-1-methyl-, 1-metanasulfonate (CAS No. 1446996–86–6) (provided for in subheading 2931.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107344.

Strawberry furanone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.50 | 4-Hydroxy-2,5-dimethylfuran-3-one (CAS No. 3658–77–3) (provided for in subheading 2932.19.51) | Free | No change | No change | On or before 12/31/2023” |
.
107345.

Emamectin benzoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.51 | (4"R)-4"-Deoxy-4"-(methylamino)avermectin b1 benzoate (CAS No. 155569–91–8) (provided for in subheading 2932.20.10) | 5.3% | No change | No change | On or before 12/31/2023” |
.
107346.

Gibberellic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.52 | (1R,2R,5S,8S,9S, 10R,11S,12S)-5,12-Dihydroxy-11-methyl-6-methylidene-16-oxo-15-oxapentacyclo [9.3.2.15,8.01,10.02,8] heptadec-13-ene-9-carboxylic acid (Gibberellic acid) (CAS No. 77–06–5) (provided for in subheading 2932.20.50) | 1.9% | No change | No change | On or before 12/31/2023” |
.
107347.

Rose oxide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.53 | 4-Methyl-2-(2-methylprop-1-enyl)oxane (CAS No. 16409–43–1) (provided for in subheading 2932.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107348.

Vinylene carbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.54 | 1,3-Dioxol-2-one (CAS No. 872–36–6) (provided for in subheading 2932.99.90) | 0.5% | No change | No change | On or before 12/31/2023” |
.
107349.

Kasugamycin technical
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.55 | 2-Amino-2-[(2R,3S,5S,6R)-5-amino-2-methyl-6-[(2S,3S,5S,6R)-2,3,4,5,6-pentahydroxycyclohexyl]oxyoxan-3-yl]iminoacetic acid;hydrochloride (CAS No. 19408–46–9) (provided for in subheading 2932.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107350.

2H-Cyclododeca[b]pyran
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.56 | 3,4,5,6,7,8,9,10,11,12,13,14-Dodecahydro-2H-cyclododeca[b]pyran (CAS No. 32539–83–6) (provided for in subheading 2932.99.90) | 1% | No change | No change | On or before 12/31/2023” |
.
107351.

Bixafen
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.57 | N-[2-(3,4-Dichlorophenyl)-4-fluorophenyl]-3-(difluoromethyl)-1-methylpyrazole-4-carboxamide (CAS No. 581809–46–3) (provided for in subheading 2933.19.23) | 2.6% | No change | No change | On or before 12/31/2023” |
.
107352.

Fluxapyroxad
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.58 | 3-(Difluoromethyl)-1-methyl-N-(3′,4′,5′-trifluorobiphe-nyl-2-yl)pyrazole-4-carboxamide (Fluxapyroxad) (CAS No. 907204–31–3) (provided for in subheading 2933.19.23) | 5.7% | No change | No change | On or before 12/31/2023” |
.
107353.

3,5 Dimethylpyrazole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.59 | 3,5-Dimethyl-1H-pyrazole (CAS No. 67–51–6) (provided for in subheading 2933.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107354.

Pyraclonil
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.60 | 1-(3-Chloro-4,5,6,7-tetrahydropyrazolo[1,5-a]pyridin-2-yl)-5-[methyl(prop-2-ynyl)amino]pyrazole-4-carbonitrile (Pyraclonil) (CAS No. 158353–15–2) (provided for in subheading 2933.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107355.

Imidazolidinyl urea
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.61 | 1-[3-(Hydroxymethyl)-2,5-dioxoimidazolidin-4-yl]-3-[[[3-(hydroxymethyl)-2,5-dioxoimidazolidin-4-yl] carbamoylamino]methyl]urea (CAS No. 39236–46–9) (provided for in subheading 2933.21.00) | Free | No change | No change | On or before 12/31/2023” |
.
107356.

Allantoin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.62 | (2,5-Dioxoimidazolidin-4-yl)urea (CAS No. 97–59–6) (provided for in subheading 2933.21.00) | Free | No change | No change | On or before 12/31/2023” |
.
107357.

Emulsifiable concentrate of Imazalil fungicide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.63 | Mixtures of (1-[2-(allyloxy)-2-(2,4-dichlorophenyl)ethyl]-1H-imidazole) (Imazalil) (CAS No. 35554–44–0) and application adjuvants (provided for in subheading 2933.29.35) | Free | No change | No change | On or before 12/31/2023” |
.
107358.

Technical cyazofamid fungicide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.64 | 4-Chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)imidazole-1-sulfonamide (Cyazofamid) (CAS No. 120116–88–3) (provided for in subheading 2933.29.35) | 3.1% | No change | No change | On or before 12/31/2023” |
.
107359.

Imazalil sulfate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.65 | 1-[2-(2,4-Dichlorophenyl)-2-(prop-2-en-1-yloxy)ethyl]-1H-imidazole sulfate (Imazalil sulfate) (CAS No. 58594–72–2) (provided for in subheading 2933.29.35) | Free | No change | No change | On or before 12/31/2023” |
.
107360.

1,2-Dimethylimidazole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.66 | 1,2-Dimethylimidazole (CAS No. 1739–84–0) (provided for in subheading 2933.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107361.

2-Methylimidazole flakes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.67 | 2-Methyl-1H-imidazole (CAS No. 693–98–1) (provided for in subheading 2933.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107362.

Diazolidinyl urea
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.68 | 1-[1,3-Bis(hydroxymethyl)-2,5-dioxoimidazolidin-4-yl]-1,3-bis(hydroxymethyl)urea (CAS No. 78491–02–8) (provided for in subheading 2933.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107363.

1-(2-Aminoethyl)imidazolidin-2-one (AEEU)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.69 | 1-(2-Aminoethyl)imidazolidin-2-one (CAS No. 6281–42–1) (provided for in subheading 2933.29.90) | Free | No change | No change | On or before 12/31/2023” |
.
107364.

Zinc pyrithione
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.70 | Zinc;1-oxidopyridin-1-ium-2-thiolate (CAS No. 13463–41–7) (provided for in subheading 2933.39.21) | Free | No change | No change | On or before 12/31/2023” |
.
107365.

Technical Pyriofenone fungicide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.71 | (5-Chloro-2-methoxy-4-methyl-3-pyridyl)(4,5,6-trimethoxy-o-tolyl)methanone (Pyriofenone) (CAS No. 688046–61–9) (provided for in subheading 2933.39.21) | Free | No change | No change | On or before 12/31/2023” |
.
107366.

Picoxystrobin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.72 | Methyl (E)-3-methoxy-2-[2-[[6-(trifluoromethyl)pyridin-2-yl]oxymethyl]phenyl]prop-2-enoate (Picoxystrobin) (CAS No. 117428–22–5) (provided for in subheading 2933.39.21) | 5.2% | No change | No change | On or before 12/31/2023” |
.
107367.

Triclopyr BEE
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.73 | 2-Butoxyethyl 2-(3,5,6-trichloropyridin-2-yl)oxyacetate (CAS No. 64700–56–7) (provided for in subheading 2933.39.25) | 1.6% | No change | No change | On or before 12/31/2023” |
.
107368.

Imazapyr
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.74 | 2-(4-Methyl-5-oxo-4-propan-2-yl-1H-imidazol-2-yl)pyridine-3-carboxylic acid (Imazapyr) (CAS No. 81334–34–1) (provided for in subheading 2933.39.25) | Free | No change | No change | On or before 12/31/2023” |
.
107369.

Tetraniliprole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.75 | 2-(3-Chloropyridin-2-yl)-N-[4-cyano-2-methyl-6-(methylcarbamoyl)phenyl]-5-[[5-(trifluoromethyl)tetrazol-2-yl]methyl]pyrazole-3-carboxamide (CAS No. 1229654–66–3) (provided for in subheading 2933.39.27) | Free | No change | No change | On or before 12/31/2023” |
.
107370.

Cyantraniliprole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.76 | 5-Bromo-2-(3-chloropyridin-2-yl)-N-[4-cyano-2-methyl-6-(methylcarbamoyl)phenyl]pyrazole-3-carboxamide (Cyantraniliprole) (CAS No. 736994–63–1) (provided for in subheading 2933.39.27) | 3.1% | No change | No change | On or before 12/31/2023” |
.
107371.

Chlorantraniliprole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.77 | 5-Bromo-N-[4-chloro-2-methyl-6-(methylcarbamoyl)phenyl]-2-(3-chloropyridin-2-yl)pyrazole-3-carboxamide (Chlorantraniliprole) (CAS No. 500008–45–7) (provided for in subheading 2933.39.27) | 4.8% | No change | No change | On or before 12/31/2023” |
.
107372.

Chlorpyrifos
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.78 | O,O-Diethyl O-3,5,6-trichloropyridin-2-yl phosphorothioate (Chlorpyrifos) (CAS No. 2921–88–2) (provided for in subheading 2933.39.27) | Free | No change | No change | On or before 12/31/2023” |
.
107373.

Technical Cyclaniliprole insecticide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.79 | 3-Bromo-N-[2-bromo-4-chloro-6-[[(1-cyclo- propylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2- pyridinyl)-1H-pyrazole-5-carboxamide (Cyclaniliprole) (CAS No. 1031756–98–5) (provided for in subheading 2933.39.27) | Free | No change | No change | On or before 12/31/2023” |
.
107374.

Regorafenib
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.80 | 4-[4-[[4-Chloro-3-(trifluoromethyl)phenyl]carbamoylamino]-3-fluorophenoxy]-N-methylpyridine-2-carboxamide monohydrate (Regorafenib) (CAS No. 1019206–88–2) (provided for in subheading 2933.39.41) | Free | No change | No change | On or before 12/31/2023” |
.
107375.

N-Butyl-TAD
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.81 | N-Butyl-2,2,6,6-tetramethylpiperidin-4-amine (CAS No. 36177–92–1) (provided for in subheading 2933.39.61) | Free | No change | No change | On or before 12/31/2023” |
.
107376.

Hindered amine light stabilizer and phenolic antioxidant
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.82 | Bis(1,2,2,6,6-pentamethylpiperidin-4-yl) 2-butyl-2-[(3,5-ditert-butyl-4-hydroxyphenyl)methyl]propanedioate (CAS No. 63843–89–0) (provided for in subheading 2933.39.61) | Free | No change | No change | On or before 12/31/2023” |
.
107377.

4-Hydroxy-TEMPO
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.83 | 4-Hydroxy-2,2,6,6-tetramethylpiperidinoxyl (CAS No. 2226–96–2) (provided for in subheading 2933.39.61) | Free | No change | No change | On or before 12/31/2023” |
.
107378.

2,2,6,6-tetramethylpiperidin-4-ol (TMP)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.84 | 2,2,6,6-Tetramethylpiperidin-4-ol (CAS No. 2403–88–5) (provided for in subheading 2933.39.61) | Free | No change | No change | On or before 12/31/2023” |
.
107379.

5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.85 | 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid (CAS No. 500011–86–9) (provided for in subheading 2933.39.61) | 6.4% | No change | No change | On or before 12/31/2023” |
.
107380.

2-Chloro-5-(trifluoromethyl)pyridine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.86 | 2-Chloro-5-(trifluoromethyl)pyridine (CAS No. 52334–81–3) (provided for in subheading 2933.39.61) | Free | No change | No change | On or before 12/31/2023” |
.
107381.

Picarbutrox
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.87 | Tert-butyl N-[6-[[(Z)-[(1-methyltetrazol-5-yl)-phenylmethylidene]amino]oxymethyl]pyridin-2-yl]carbamate (CAS No. 500207–04–5) (provided for in subheading 2933.39.61) | Free | No change | No change | On or before 12/31/2023” |
.
107382.

5-amino-3-(trifluromethyl) picolino­nitrile (T3630)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.88 | 5-Amino-3-(trifluoromethyl)pyridine-2-carbonitrile (T3630) (CAS No. 573762–62–6) (provided for in subheading 2933.39.61) | 3.5% | No change | No change | On or before 12/31/2023” |
.
107383.

Dextromethorphan hydrobromide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.89 | Dextromethorphan hydrobromide (monohydrate (CAS No. 6700–34–1) or anhydrous (CAS No. 125–69–9)) (provided for in subheading 2933.49.26) | Free | No change | No change | On or before 12/31/2023” |
.
107384.

Ipflufenoquin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.90 | 2-[2-(7,8-Difluoro-2-methylquinolin-3-yl)oxy-6-fluorophenyl]propan-2-ol (CAS No. 1314008–27–9) (provided for in subheading 2933.49.30) | Free | No change | No change | On or before 12/31/2023” |
.
107385.

THQ
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.91 | 1,2,3,4-Tetrahydroquinoline (CAS No. 635–46–1) (provided for in subheading 2933.49.70) | Free | No change | No change | On or before 12/31/2023” |
.
107386.

Pyrithiobac sodium
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.92 | Sodium 2-chloro-6-(4,6-dimethoxypyrimidin-2-yl)sulfanylbenzoate (CAS No. 123343–16–8) (provided for in subheading 2933.59.10) | Free | No change | No change | On or before 12/31/2023” |
.
107387.

Larotrectinib sulfate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.93 | (3S)-N-[5-[(2R)-2-(2,5-Difluorophenyl)pyrrolidin-1-yl]pyrazolo[1,5-a]pyrimidin-3-yl]-3-hydroxypyrrolidine-1-carboxamide sulfuric acid (Larotrectinib sulfate) (CAS No. 1223405–08–0) (provided for in subheading 2933.59.53) | Free | No change | No change | On or before 12/31/2023” |
.
107388.

Ibrutinib
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.94 | 1-[(3R)-3-[4-Amino-3-(4-phenoxyphenyl)pyrazolo[3,4-d]pyrimidin-1-yl]piperidin-1-yl]prop-2-en-1-one (Ibrutinib) (CAS No. 936563–96–1) (provided for in subheading 2933.59.53) | 5.1% | No change | No change | On or before 12/31/2023” |
.
107389.

Orthosulfamuron
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.95 | 1-(4,6-Dimethoxypyrimidin-2-yl)-3-[2-(dimethylcarbamoyl)phenylsulfamoyl]urea (Orthosulfamuron) (CAS No. 213464–77–8) (provided for in subheading 2933.59.95) | Free | No change | No change | On or before 12/31/2023” |
.
107390.

5-Bromopyrimidine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.96 | 5-Bromopyrimidine (CAS No. 4595–59–9) (provided for in subheading 2933.59.95) | Free | No change | No change | On or before 12/31/2023” |
.
107391.

Butylthion
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.97 | 4-Amino-6-tert-butyl-3-sulfanylidene-2H-1,2,4-triazin-5-one (Butylthion) (CAS No. 33509–43–2) (provided for in subheading 2933.69.60) | 1% | No change | No change | On or before 12/31/2023” |
.
107392.

P-1062
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.98 | 4-[4,6-Bis(2,4-dimethylphenyl)-1,3,5-triazin-2-yl]benzene-1,3-diol (P-1062) (CAS No. 1668–53–7) (provided for in subheading 2933.69.60) | Free | No change | No change | On or before 12/31/2023” |
.
107393.

Carfentrazone Technical
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.21.99 | Ethyl 2-chloro-3-[2-chloro-5-[4-(difluoromethyl)-3-methyl-5-oxo-1,2,4-triazol-1-yl]-4-fluorophenyl]propanoate (Carfentrazone-ethyl) (CAS No. 128639–02–1) (provided for in subheading 2933.99.22) | 3.3% | No change | No change | On or before 12/31/2023” |
.
107394.

UV absorber 928
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.01 | 2-(Benzotriazol-2-yl)-6-(2-phenylpropan-2-yl)-4-(2,4,4-trimethylpentan-2-yl)phenol (CAS No. 73936–91–1) (provided for in subheading 2933.99.79) | Free | No change | No change | On or before 12/31/2023” |
.
107395.

UV absorber for industrial coatings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.02 | Methyl 3-[3-(benzotriazol-2-yl)-5-tert-butyl-4-hydroxyphenyl]propanoate (CAS No. 84268–33–7) (provided for in subheading 2933.99.79) | Free | No change | No change | On or before 12/31/2023” |
.
107396.

Uniconazole-P
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.03 | (4Z)-5-(4-Chlorophenyl)-2,2-dimethyl-4-(1H-1,2,4-triazol-1-yl)-4-hexen-3-ol (Uniconazole-P) (CAS No. 83657–17–4) (provided for in subheading 2933.99.79) | Free | No change | No change | On or before 12/31/2023” |
.
107397.

VcMMAE
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.04 | [4-[[(2S)-5-(Carbamoylamino)-2-[[(2S)-2-[6-(2,5-dioxopyrrol-1-yl)hexanoylamino]-3-methylbutanoyl]amino] pentanoyl]amino]phenyl]methyl N-[(2S)-1-[[(2S)-1-[[(3R,4S,5S)-1-[(2S)-2-[(1R,2R)-3-[[(1S,2R)-1-hydroxy-1-phenylpropan-2-yl]amino]-1-methoxy-2-methyl-3-oxopropyl]pyrrolidin-1-yl]-3-methoxy-5-methyl-1-oxoheptan-4-yl]-methylamino]-3-methyl-1-oxobutan-2-yl]amino]-3-methyl-1-oxobutan-2-yl]-N-methylcarbamate (CAS No. 646502–53–6) (provided for in subheading 2933.99.79) | Free | No change | No change | On or before 12/31/2023” |
.
107398.

UVA 360
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.05 | 2-(Benzotriazol-2-yl)-6-[[3-(benzotriazol-2-yl)-2-hydroxy-5-(2,4,4-trimethylpentan-2-yl)phenyl]methyl]-4-(2,4,4-trimethylpentan-2-yl)phenol (CAS No. 103597–45–1) (provided for in subheading 2933.99.79) | Free | No change | No change | On or before 12/31/2023” |
.
107399.

Trofinetide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.06 | (2S)-2-[[(2S)-1-(2-Aminoacetyl)-2-methylpyrrolidine-2-carbonyl]amino]pentanedioic acid (Trofinetide) (CAS No. 853400–76–7) (provided for in subheading 2933.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107400.

Flurazole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.07 | Benzyl 2-chloro-4-(trifluoromethyl)-1,3-thiazole-5-carboxylate (CAS No. 72850–64–7) (provided for in subheading 2934.10.10) | Free | No change | No change | On or before 12/31/2023” |
.
107401.

Oxathiapiprolin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.08 | 1-(4-{4-[5-(2,6-Difluorophenyl)-4,5-dihydro-1,2-oxazol-3-yl]-1,3-thiazol-2-yl}-1-piperidinyl)-2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]ethanone (Oxathiapiprolin) (CAS No. 1003318–67–9) (provided for in subheading 2934.10.10) | 5.5% | No change | No change | On or before 12/31/2023” |
.
107402.

Certain antimicrobial
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.09 | 2-Methyl-1,2-thiazol-3-one (CAS No. 2682–20–4) (provided for in subheading 2934.10.90) | Free | No change | No change | On or before 12/31/2023” |
.
107403.

Rubber accelerator
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.10 | 2-(1,3-Benzothiazol-2-yldisulfanyl)-1,3-benzothiazole (CAS No. 120–78–5) (provided for in subheading 2934.20.10) | 2.5% | No change | No change | On or before 12/31/2023” |
.
107404.

2-Amino benzothiazole
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.11 | 1,3-Benzothiazol-2-amine (CAS No. 136–95–8) (provided for in subheading 2934.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107405.

Technical Isofetamid fungicide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.12 | 3-Methyl-N-[2-methyl-1-(2-methyl-4-propan-2-yloxyphenyl)-1-oxopropan-2-yl]thiophene-2-carboxamide (Isofetamid) (CAS No. 875915–78–9) (provided for in subheading 2934.99.12) | Free | No change | No change | On or before 12/31/2023” |
.
107406.

Clomazone Technical
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.13 | 2-[(2-Chlorophenyl)methyl]-4,4-dimethyl-1,2-oxazolidin-3-one (Clomazone) (CAS No. 81777–89–1) (provided for in subheading 2934.99.15) | 5.5% | No change | No change | On or before 12/31/2023” |
.
107407.

NEM salt
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.14 | 4-(4-Methylphenyl)-4-oxobutanoic acid-4-ethylmorpholine (2:1) (CAS No. 171054–89–0) (provided for in subheading 2934.99.39) | Free | No change | No change | On or before 12/31/2023” |
.
107408.

AMTC wet cake
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.15 | 5-Amino-3-methylthiophene-2,4-dicarbonitrile (CAS No. 52603–48–2) (provided for in subheading 2934.99.39) | Free | No change | No change | On or before 12/31/2023” |
.
107409.

Photoinitiator 369
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.16 | 2-Benzyl-2-(dimethylamino)-1-(4-morpholin-4-ylphenyl)butan-1-one (CAS No. 119313–12–1) (provided for in subheading 2934.99.39) | Free | No change | No change | On or before 12/31/2023” |
.
107410.

Isatoic anhydride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.17 | 2H-3,1-Benzoxazine-2,4(1H)-dione (Isatoic anhydride) (CAS No. 118–48–9) (provided for in subheading 2934.99.44) | Free | No change | No change | On or before 12/31/2023” |
.
107411.

Oclacitinib maleate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.18 | (Z)-But-2-enedioic acid; N-methyl-1-[4-[methyl(7H-pyrrolo[2,3-d]pyrimidin-4-yl)amino]cyclohexyl] methanesulfonamide (CAS No. 1208319–27–0) (provided for in subheading 2935.90.60) | 5.2% | No change | No change | On or before 12/31/2023” |
.
107412.

Thiencarbazone-methyl
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.19 | Methyl 4-[(3-methoxy-4-methyl-5-oxo-1,2,4-triazole-1-carbonyl)sulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1) (provided for in subheading 2935.90.75) | Free | No change | No change | On or before 12/31/2023” |
.
107413.

Penoxsulam technical herbicide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.20 | 2-(2,2-Difluoroethoxy)-N-(5,8-dimethoxy-[1,2,4]triazolo[1,5-c]pyrimidin-2-yl)-6-(trifluoromethyl)benzenesulfonamide (Penoxsulam) (CAS No. 219714–96–2) (provided for in subheading 2935.90.75) | Free | No change | No change | On or before 12/31/2023” |
.
107414.

Ethyl 2-sulfamoylbenzoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.21 | Ethyl 2-(Aminosulfonyl)benzoate (CAS No. 59777–72–9) (provided for in subheading 2935.90.75) | Free | No change | No change | On or before 12/31/2023” |
.
107415.

Sulfosulfuron
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.22 | 1-(4,6-Dimethoxypyrimidin-2-yl)-3-(2-ethylsulfonylimidazo[1,2-a]pyridin-3-yl)sulfonylurea (Sulfosulfuron) (CAS No. 141776–32–1) (provided for in subheading 2935.90.75) | Free | No change | No change | On or before 12/31/2023” |
.
107416.

Pyrimisulfan
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.23 | (RS)-2′-[(4,6-dimethoxypyrimidin-2-yl)(hydroxy)methyl]-1,1-difluoro-6′-(methoxymethyl)methanesulfonanilide (Pyrimisulfan) (CAS No. 221205–90–9) (provided for in subheading 2935.90.95) | Free | No change | No change | On or before 12/31/2023” |
.
107417.

Purified steviol glycoside, rebaudioside A
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.24 | Purified steviol glycosides, containing not less than 95 percent by weight rebaudioside A (19-O-ß-glucopyranosyl-13-O-(ß-glucopyranosyl(1-2)-ß-glucopyranosyl(1-3))-ß-glucopyranosyl-13-hydroxykaur-16-en-19-oic acid) (CAS No. 58543–16–1) (provided for in subheading 2938.90.00) | 2.5% | No change | No change | On or before 12/31/2023” |
.
107418.

Glucosylated steviol glycosides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.25 | 13-[(2-O-β-D-Glucopyranosyl-α-D-glucopyranosyl)oxy]kaur-16-en-18-oic acid β-D-glucopyranosyl ester (Stevioside) (CAS No. 57817–89–7) (provided for in subheading 2938.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107419.

Hydroxypropyl gamma cyclodextrin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.26 | (2-Hydroxypropyl)-γ-cyclodextrin (hydroxypropylated γ-cyclodextrin) (CAS No. 128446–34–4) (provided for in subheading 2940.00.60) | Free | No change | No change | On or before 12/31/2023” |
.
107420.

Hydroxypropylated beta cyclodextrin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.27 | 2-Hydroxypropyl-β-cyclodextrin (CAS No. 128446–35–5) (provided for in subheading 2940.00.60) | 1% | No change | No change | On or before 12/31/2023” |
.
107421.

Methyl beta cyclodextrin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.28 | Methyl β-cyclodextrin (CAS No. 128446–36–6) (provided for in subheading 2940.00.60) | Free | No change | No change | On or before 12/31/2023” |
.
107422.

2′-Fucosyllactose
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.29 | (2R,3R,4R,5R)-4-[(2S,3R,4S,5R,6R)-4,5-Dihydroxy-6-(hydroxymethyl)-3-[(2S,3S,4R,5S,6S)-3,4,5-trihydroxy-6-methyloxan-2-yl]oxyoxan-2-yl]oxy-2,3,5,6-tetrahydroxyhexanal (2′-Fucosyllactose) (CAS No. 41263–94–9) (provided for in subheading 2940.00.60) | Free | No change | No change | On or before 12/31/2023” |
.
107423.

Ascorbyl glucoside
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.30 | (2R)-2-[(1S)-1,2-Dihydroxyethyl]-3-hydroxy-4-[(2R,3R,4S,5S,6R)-3,4,5-trihydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-2H-furan-5-one (Ascorbyl glucoside) (CAS No. 129499–78–1) (provided for in subheading 2940.00.60) | Free | No change | No change | On or before 12/31/2023” |
.
107424.

Dimethylamine borane (DMAB)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.31 | N-Methylmethanamine-borane (1:1) (CAS No. 74–94–2) (provided for in subheading 2942.00.50) | Free | No change | No change | On or before 12/31/2023” |
.
107425.

Elderberry extract concentrate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.32 | Elderberry extract concentrate (CAS No. 84603–58–7) (provided for in subheading 3203.00.80) | Free | No change | No change | On or before 12/31/2023” |
.
107426.

Disperse Yellow 241
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.33 | Disperse Yellow 241 (5-[(3,4-Dichlorophenyl)diazenyl]-2-hydroxy-1,4-dimethyl-6-oxopyridine-3-carbonitrile) (CAS No. 83249–52–9) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107427.

Disperse Orange
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.34 | Disperse Orange (Acetic acid, cyano-[3-[(6-methoxy-2-benzothiazoyl)amino]-1H-isoindol-1-ylidene}-, pentyl ester) (CAS No. 173285–74–0) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107428.

Mixtures of Disperse Yellow FD11843 and acetic acid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.35 | Mixtures of Disperse Yellow FD11843 (acetic acid, 2-[3-(2-benzothiazolylamino)-1H-isoindol-1-ylidene]-2-cyano-, butyl ester (CAS No. 173285-73-9)) and acetic acid, [3-(2-benzothiazolylamino)-1H-isoindol-1-ylidene]cyano-, 2-butoxyethyl ester (CAS No. 173285–94–4) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107429.

Disperse Blue 54
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.36 | Disperse Blue 54 (1-Anilino-4,8-dihydroxy-5-nitroanthracene-9,10-dione) (CAS No. 37203–97–7) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107430.

Mixtures of several disperse dyes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.37 | Mixtures of 9,10-anthracenedione, 1,5(or 1,8)-dihydroxy-4-nitro-8(or 5)-(phenylamino)- (Disperse Blue 54 and 77) (CAS No. 37203–97–7); 1,5(or 1,8)-diamino-2-bromo-4,8(or 4,5)-dihydroxy-9,10-anthracenedione (Disperse Blue 81 (mixture of isomers)) (CAS No. 68134–65–6); reaction products of 3-pyridinecarbonitrile, 5-[2-(2-cyano-4-nitrophenyl)diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)- (Disperse Red 1042A) (CAS No. 149988–44–3) and 3-pyridinecarbonitrile, 5-[2-(2-cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-2-(phenylamino)- (Disperse Red T-1042) (CAS No. 137428–29–6); 4-[(5-cyano-6-hydroxy-1,4-dimethyl-2-oxopyridin-3-yl)diazenyl]-N-(2-ethylhexyl)benzamide (Disperse Yellow 198) (CAS No. 30449–81–1); 4,11-diamino-2-(3-methoxypropyl)naphtho[2,3-f]isoindole-1,3,5,10-tetrone (Disperse Blue 60 (M)) (CAS No. 12217–80–0); and 4,11-diamino-2-[3-(2-methoxyethoxy)propyl]naphtho[2,3-f]isoindole-1,3,5,10-tetrone (Disperse Blue 60 (ME)) (CAS No. 65059–45–2) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107431.

Mixtures of 4 disperse blue dyes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.38 | Disperse dye mixtures of Disperse Blue 77 (1-anilino-4,5-dihydroxy-8-nitroanthracene-9,10-dione) (CAS No. 20241–76–3); Disperse Blue 60 (M) (4,11-diamino-2-(3-methoxypropyl)naphtho[2,3-f]isoindole-1,3,5,10-tetrone) (CAS No. 12217–80–0); Disperse Blue 60 (ME) (4,11-diamino-2-[3-(2-methoxyethoxy)propyl]-1H-naphth[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 65059–45–2) and Disperse Blue 77/54 (1,8- and 1,5-Isomers) (1-anilino-4,8-dihydroxy-5-nitroanthracene-9,10-dione) (CAS No. 37203–97–7) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107432.

Mixtures of 4 dyes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.39 | Disperse dye mixtures of Solvent Yellow 163 (1,8-bis(phenylsulfanyl) anthracene-9,10-dione) (CAS No. 13676–91–0); Disperse Yellow FD11843 (acetic acid, 2-[3-(2-benzothiazolylamino)-1H-isoindol-1-ylidene]-2-cyano-, butyl ester) (CAS No. 173285–73–9)); acetic acid, [3-(2-benzothiazolylamino)-1H-isoindol-1-ylidene]cyano-, 2-butoxyethyl ester (CAS No. 173285–94–4); Disperse Orange FC 84508 (acetic acid, 2-cyano-2-[3-[(6-methoxy-2-benzothiazolyl)amino]-1H-isoindol-1-ylidene]-, pentyl ester) (CAS No. 173285–74–0) and Disperse Yellow 163 (3-[N-(2-cyanoethyl)-4-[(2,6-dichloro-4-nitrophenyl)diazenyl]anilino] propanenitrile) (CAS No. 67923–43–7) (provided for in subheading 3204.11.35) | Free | No change | No change | On or before 12/31/2023” |
.
107433.

Disperse Red 86
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.40 | Disperse Red 86 (N-(4-Amino-3-methoxy-9,10-dioxoanthracen-1-yl)-4-methylbenzenesulfonamide) (CAS No. 81–68–5) (provided for in subheading 3204.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107434.

Disperse Violet 1
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.41 | Disperse Violet 1 (1,4-Diaminoanthracene-9,10-dione) (CAS No. 128–95–0) (provided for in subheading 3204.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107435.

Disperse Blue 60
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.42 | Disperse Blue 60 (4,11-Diamino-2-(3-methoxy-propyl)-naphtho[2,3-f]isoindole-1,3,5,10-tetraone) (CAS No. 12217–80–0) (provided for in subheading 3204.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107436.

Mixtures of Disperse Orange 29, Disperse Red 167:1, and Disperse Blue 56
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.43 | Disperse dye mixtures of Disperse Orange 29 (4-[[2-methoxy-4-[(4-nitrophenyl) diazenyl]phenyl] diazenyl]phenol) (CAS No. 19800–42–1); Disperse Red 167:1 (2-[3-acetamido-N-(2-acetyloxyethyl)-4-[(2-chloro-4-nitrophenyl)diazenyl] anilino]ethyl acetate) (CAS No. 1533–78–4); Disperse Blue 56 (1,8-diamino-2-bromo-4,5-dihydroxyanthracene-9,10-dione) (CAS No. 68134–65–6) and acetic acid, 2-[3-(2-benzothiazolylamino)-1H-isoindol-1-ylidene]-2-cyano-, 2-butoxyethyl ester (CAS No. 173285–94–4) (provided for in subheading 3204.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107437.

Disperse Yellow 54
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.44 | Disperse Yellow 54 (3-Hydroxy-2-(3-hydroxyquinolin-2-yl)inden-1-one) (CAS No. 17772–51–9) (provided for in subheading 3204.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107438.

Acid Violet 48
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.45 | Acid Violet 48 (Disodium 3-[[4-amino-9,10-dioxo-3-[2-sulfonato-4-(2,4,4-trimethylpentan-2-yl)phenoxy]anthracen-1-yl]amino]-2,4,6-trimethylbenzenesulfonate) (CAS No. 12220–51–8) (provided for in subheading 3204.12.17) | Free | No change | No change | On or before 12/31/2023” |
.
107439.

Acid Blue 280
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.46 | Acid Blue 280 (Sodium 2-[[4-(cyclohexylamino)-9,10-dioxoanthracen-1-yl]amino]-5-ethoxybenzenesulfonate) (CAS No. 68214–62–0) (provided for in subheading 3204.12.20) | Free | No change | No change | On or before 12/31/2023” |
.
107440.

Acid Brown 282
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.47 | Acid Brown 282 (Disodium;chromium(3+);5-methyl-4-[(5-nitro-2-oxidophenyl)diazenyl]-2-phenylpyrazol-3-olate;[7-nitro-3-oxido-4-[(2-oxido-1,4-dihydronaphthalen-1-yl)diazenyl]naphthalen-1-yl] sulfate) (CAS No. 70236–60–1) (provided for in subheading 3204.12.20) | Free | No change | No change | On or before 12/31/2023” |
.
107441.

Acid Red 131
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.48 | Acid Red 131 (CAS No. 12234–99–0) (provided for in subheading 3204.12.20) | Free | No change | No change | On or before 12/31/2023” |
.
107442.

Acid Red 249
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.49 | Acid Red 249 (Disodium 3-[(5-chloro-2-phenoxyphenyl)diazenyl]-4-hydroxy-5-[(4-methylphenyl)sulfonylamino]naphthalene-2,7-disulfonate) (CAS No. 6416–66–6) (provided for in subheading 3204.12.20) | Free | No change | No change | On or before 12/31/2023” |
.
107443.

Acid Yellow 236
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.50 | Acid Yellow 236 (CAS No. 77907–21–2) (provided for in subheading 3204.12.45) | Free | No change | No change | On or before 12/31/2023” |
.
107444.

Acid Red 407
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.51 | Acid Red 407 (CAS No. 146103–68–6) (provided for in subheading 3204.12.45) | Free | No change | No change | On or before 12/31/2023” |
.
107445.

Acid Yellow 220
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.52 | Acid Yellow 220 (tetrasodium;2-[[3-[[(Z)-1-(2-chloroanilino)-3-oxido-1-oxobut-2-en-2-yl]diazenyl]-4-oxidophenyl]sulfonylamino]benzoate; cobalt(2+)) (CAS No. 70851–34–2) (provided for in subheading 3204.12.45) | Free | No change | No change | On or before 12/31/2023” |
.
107446.

Acid Yellow 232
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.53 | Acid Yellow 232 (Chromium, 2-[2-(4,5-dihydro-3-methyl-5-oxo-1-phenyl-1H-pyrazol-4-yl)diazenyl]benzoate 2-[2-(4,5-dihydro-3-methyl-5-oxo-1-phenyl-1H-pyrazol-4-yl)diazenyl]-5-sulfobenzoate lithium sodium complexes) (CAS No. 85828–89–3) (provided for in subheading 3204.12.45) | Free | No change | No change | On or before 12/31/2023” |
.
107447.

Acid Yellow 235
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.54 | Acid Yellow 235 (CAS No. 90585–54–9) (provided for in subheading 3204.12.45) | Free | No change | No change | On or before 12/31/2023” |
.
107448.

Acid Yellow 151
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.55 | Acid Yellow 151 (Sodium; 2-[[(Z)-1-anilino-3-oxido-1-oxobut-2-en-2-yl]diazenyl]-4-sulfamoylphenolate; cobalt(3+)) (CAS No. 72496–88–9) (provided for in subheading 3204.12.45) | Free | No change | No change | On or before 12/31/2023” |
.
107449.

Acid Violet 43
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.56 | Acid Violet 43 (Sodium 2-[(4-hydroxy-9,10-dioxoanthracen-1-yl)amino]-5-methylbenzenesulfonate) (CAS No. 4430–18–6) (provided for in subheading 3204.12.50) | Free | No change | No change | On or before 12/31/2023” |
.
107450.

Acid Black 52
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.58 | Acid Black 52 (Trisodium;chromium;3-hydroxy-4-[(2-hydroxynaphthalen-1-yl)diazenyl]-7-nitronaphthalene-1-sulfonate) (CAS No. 5610–64–0) (provided for in subheading 3204.12.50) | Free | No change | No change | On or before 12/31/2023” |
.
107451.

Acid Black 2
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.59 | Acid Black 2 (Disodium 4-amino-5-hydroxy-3-[(E)-(4-nitrophenyl)diazenyl]-6-[(E)-phenyldiazenyl]-2,7-naphthalenedisulfonate) (CAS No. 8005–03–6) (provided for in subheading 3204.12.50) | Free | No change | No change | On or before 12/31/2023” |
.
107452.

Acid Green 25
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.60 | Acid Green 25 (Disodium;5-methyl-2-[[4-(4-methyl-2-sulfonatoanilino)-9,10-dioxoanthracen-1-yl]amino]benzenesulfonate) (CAS No. 4403–90–1) (provided for in subheading 3204.12.50) | Free | No change | No change | On or before 12/31/2023” |
.
107453.

Basic Brown 23
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.61 | Basic Brown 23 (CAS No. 446876–48–8) (provided for in subheading 3204.13.60) | Free | No change | No change | On or before 12/31/2023” |
.
107454.

Basic Violet 11:1 rhodamine dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.62 | Basic Violet 11:1 (Bis{6-(diethylamino)-N,N-diethyl-9-[2-(methoxycarbonyl) phenyl]-3H-xanthen-3-iminium} tetrachlorozincate(2-)) (CAS No. 73398–89–7) (CIN 45174) (provided for in subheading 3204.13.60) | Free | No change | No change | On or before 12/31/2023” |
.
107455.

Basic Yellow 37
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.63 | Basic Yellow 37 (4-[4-(diethylamino)benzenecarboximidoyl]-N,N-diethylaniline; hydrochloride) (CAS No. 6358–36–7) (provided for in subheading 3204.13.80) | Free | No change | No change | On or before 12/31/2023” |
.
107456.

Basic Violet 3
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.64 | Basic Violet 3 ([4-[bis[4-(dimethylamino)phenyl] methylidene]cyclohexa-2,5-dien-1-ylidene]-dimethylazanium;chloride) (CAS No. 548–62–9) (provided for in subheading 3204.13.80) | Free | No change | No change | On or before 12/31/2023” |
.
107457.

Direct Orange 118
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.65 | Direct Orange 118 (Tetrasodium 7,7′-(carbonyldiimino)bis{4-hydroxy-3-[(E)-(2-methyl-4-sulfonatophenyl)diazenyl]-2-naphthalenesulfonate}) (CAS No. 28706–33–4) (provided for in subheading 3204.14.20) | Free | No change | No change | On or before 12/31/2023” |
.
107458.

Direct Blue 86
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.66 | Direct Blue 86 (Copper; disodium; 2,11,20,29, 38,40-hexaza-37,39-diazanidanonacyclo [28.6.1.13,10.112,19.121, 28.04,9.013,18.022, 27.031,36] tetraconta-1(36),2,4(9),5,7,10(40), 11,13,15,17,19,21(38), 22(27),23,25,28,30,32,34-nonadecaene-6,24-disulfonate) (CAS No. 1330–38–7) (provided for in subheading 3204.14.25) | Free | No change | No change | On or before 12/31/2023” |
.
107459.

Direct Blue 199
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.67 | Direct Blue 199 (Copper, [29H,31H-phthalocyaninato(2-)-κN29,κN30,κN31,κN32]-, aminosulfonyl sulfo derivatives, sodium salts) (CAS No. 90295–11–7) (provided for in subheading 3204.14.30) | Free | No change | No change | On or before 12/31/2023” |
.
107460.

Direct Black 168
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.68 | Direct Black 168 (Trisodium;2-[4-[(2-amino-4-oxidophenyl)diazenyl]anilino]-5-[(1-amino-8-oxido-7-phenyldiazenyl-3,6-disulfonaphthalen-2-yl)diazenyl]benzenesulfonate) (CAS No. 85631–88–5) (provided for in subheading 3204.14.30) | Free | No change | No change | On or before 12/31/2023” |
.
107461.

Direct Red 227
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.69 | Direct Red 227 (Hexasodium;4-hydroxy-5-[[4-[4-[(E)-2-[4-[[4-[(8-hydroxy-7-phenyldiazenyl-3,6-disulfonatonaphthalen-1-yl)amino]-6-morpholin-4-yl-1,3,5-triazin-2-yl]amino]-2-sulfonatophenyl]ethenyl]-3-sulfonatoanilino]-6-morpholin-4-yl-1,3,5-triazin-2-yl]amino]-3-phenyldiazenylnaphthalene-2,7-disulfonate) (CAS No. 17791–81–0) (provided for in subheading 3204.14.30) | Free | No change | No change | On or before 12/31/2023” |
.
107462.

Direct Yellow 107
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.70 | Direct Yellow 107 (3-[[3-Methoxy-4-[[2-methoxy-4-[(3-sulfophenyl)diazenyl] phenyl]carbamoylamino] phenyl]diazenyl] benzenesulfonic acid) (CAS No. 25712–08–7) (provided for in subheading 3204.14.30) | Free | No change | No change | On or before 12/31/2023” |
.
107463.

Direct Green 26
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.71 | Direct Green 26 (Pentasodium;5-[[4-[[4-anilino-6-[[8-hydroxy-7-[[4-[(8-hydroxy-3,6-disulfonatonaphthalen-1-yl)diazenyl]-2-methoxy-5-methylphenyl]diazenyl]-3,6-disulfonatonaphthalen-1-yl]amino]-1,3,5-triazin-2-yl]amino]phenyl]diazenyl]-2-hydroxybenzoate) (CAS No. 6388–26–7) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107464.

Direct Yellow 11
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.72 | Direct Yellow 11 (Disodium; 6-oxo-5-[(4-sulfonatophenyl)hydrazinylidene] naphthalene-2-sulfonate) (CAS No. 1325–37–7) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107465.

Direct Orange 15
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.73 | Direct Orange 15 (Sodium; (8Z,20Z)-2,3,14,15-tetrazapentacyclo [20.2.2.24,7.210,13.216,19] dotriaconta-1(24),2,4,6,8,10, 12,14,16,18,20, 22,25,27,29,31-hexadecaene-6,11,18,23-tetrasulfonic acid) (CAS No. 1325–35–5) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107466.

Direct Brown 44
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.74 | Direct Brown 44 (Disodium; 4-[[2,4-diamino-5-[[3-[[2,4-diamino-5-[(4-sulfonatophenyl) diazenyl]phenyl]diazenyl] phenyl]diazenyl]phenyl] diazenyl]benzenesulfonate) (CAS No. 6252–62–6) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107467.

Direct Red 81
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.75 | Direct Red 81 (Disodium;7-benzamido-4-hydroxy-3-[[4-[(4-sulfonatophenyl)diazenyl] phenyl]diazenyl]naphthalene-2-sulfonate) (CAS No. 2610–11–9) (provided for in subheading 3204.14.50) | 2% | No change | No change | On or before 12/31/2023” |
.
107468.

Direct Yellow 142
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.76 | Direct Yellow 142 (CAS No. 71902–08–4) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107469.

Direct Red 80
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.77 | Direct Red 80 (hexasodium;4-hydroxy-7-[[5-hydroxy-7-sulfonato-6-[[2-sulfonato-4-[(4-sulfonatophenyl) diazenyl]phenyl]diazenyl] naphthalen-2-yl]carbamoylamino]-3-[[2-sulfonato-4-[(4-sulfonatophenyl)diazenyl] phenyl]diazenyl]naphthalene-2-sulfonate) (CAS No. 2610–10–8) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107470.

Direct Red 16
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.78 | Direct Red 16, disodium salt (disodium;7-amino-4-hydroxy-3-[(5-hydroxy-6-phenyldiazenyl-7-sulfonatonaphthalen-2-yl)diazenyl]naphthalene-2-sulfonate) (CAS No. 6227–02–7) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107471.

Direct Red 254
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.79 | Direct Red 254 (Disodium;7-amino-4-hydroxy-3-[[4-[(4-sulfonatophenyl)diazenyl] phenyl]diazenyl]naphthalene-2-sulfonate) (CAS No. 6300–50–1) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107472.

Colorant
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.80 | Copper, [μ-[[3,3′-[(1-oxido-1,2-diazenediyl)bis[[2-(hydroxy-κO)-4,1-phenylene]-2,1-diazenediyl-κN1]]bis[4-(hydroxy-κO)-2,7-naphthalenedisulfonato]](8-)]]di-, sodium (1:4) (CAS No. 75173–68–1) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107473.

Direct Yellow 34
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.81 | Direct Yellow 34 (Tetrasodium;3-[[4-[[4-[(4,8-disulfonatonaphthalen-2-yl)diazenyl]-2-methoxy-5-methylphenyl]carbamoylamino]-5-methoxy-2-methylphenyl]diazenyl]naphthalene-1,5-disulfonate) (CAS No. 6420–33–3) (provided for in subheading 3204.14.50) | Free | No change | No change | On or before 12/31/2023” |
.
107474.

Vat Orange 2 dye powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.82 | Vat Orange 2 (1,2-Dibromopyranthrene-8,16-dione) (CAS No. 1324–35–2) (provided for in subheading 3204.15.20) | Free | No change | No change | On or before 12/31/2023” |
.
107475.

Vat Violet 13 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.83 | Vat Violet 13 (5,20-Diazaheptacyclo [16.12.0.03,16.04,13.06, 11.019,28.021,26] triaconta-1(18),3(16),4(13),6,8,10, 14,19(28),21,23, 25,29-dodecaene-2,12,17,27-tetrone) (CAS No. 4424–87–7) (CIN 68700) (provided for in subheading 3204.15.20) | Free | No change | No change | On or before 12/31/2023” |
.
107476.

Vat Brown 3 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.84 | Vat Brown 3 (N-(28-Benzamido-6,13,19,26-tetraoxo-16-azaheptacyclo [15.12.0.02,15.05,14.07, 12.018,27.020,25] nonacosa-1(29),2(15),3,5(14),7(12), 8,10,17,20,22,24,27-dodecaen-8-yl)benzamide) (CAS No. 131–92–0) (provided for in subheading 3204.15.20) | Free | No change | No change | On or before 12/31/2023” |
.
107477.

Vat Red 10 dye powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.85 | Vat Red 10 (2-(1-Amino-9,10-dioxoanthracen-2-yl)naphtho[2,3-f][1,3]benzoxazole-5,10-dione) (CAS No. 2379–79–5) (provided for in subheading 3204.15.30) | Free | No change | No change | On or before 12/31/2023” |
.
107478.

Vat Brown 57 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.86 | Vat Brown 57 (CAS No. 12227–28–0) (provided for in subheading 3204.15.30) | Free | No change | No change | On or before 12/31/2023” |
.
107479.

Vat Red 31 dye powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.87 | Vat Red 31 dye powder (1-Amino-2-[5-(1-amino-9,10-dioxoanthracen-2-yl)-1,3,4-oxadiazol-2-yl]anthracene-9,10-dione) (CAS No. 52591–25–0) (CIN 60030) (provided for in subheading 3204.15.40) | Free | No change | No change | On or before 12/31/2023” |
.
107480.

Dye mixtures of Vat Brown 3 and Vat Black 27
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.88 | Disperse dye mixtures of Vat Brown 3 (N-(28-benzamido-6,13,19,26-tetraoxo-16-azaheptacyclo [15.12.0.0^ (2,15).0^(5,14).0^ (7,12).0^(18,27).0^ (20,25)] nonacosa-1(29),2(15), 3,5(14), 7(12), 8,10,17,20,22, 24,27-dodecaen-8-yl)benzamide) (CAS No. 131–92–0) and Vat Black 27 (N-(28-benzamido-6,13,19, 26-tetraoxo-16-azaheptacyclo [15.12.0.0^ (2,15).0^(5,14).0^ (7,12).0^ (18,27).0^(20,25)] nonacosa-1(29),2,4,7, 9,11,14,17, 20,22, 24,27-dodecaen-4-yl) benzamide) (CAS No. 2379–81–9) (provided for in subheading 3204.15.40) | Free | No change | No change | On or before 12/31/2023” |
.
107481.

Vat Red 13
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.89 | Vat Red 13 (15-Ethyl-12-(15-ethyl-8-oxo-14,15-diazatetracyclo [7.6.1.02,7.013,16] hexadeca-1(16),2,4,6,9,11,13-heptaen-12-yl)-14,15-diazatetracyclo [7.6.1.02,7.013,16] hexadeca-1(16),2,4,6,9,11,13-heptaen-8-one) (CAS No. 4203–77–4) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107482.

Vat Yellow 2 dye powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.90 | Vat Yellow 2 (6,16-Diphenyl-5,15-dithia-7,17-diazapentacyclo [11.7.0.03,11.04,8.014,18] icosa-1(13),3(11),4(8),6,9, 14(18),16,19-octaene-2,12-dione) (CAS No. 129–09–9) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107483.

Vat Yellow 33 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.91 | Vat Yellow 33 (N-(9,10-Dioxoanthracen-1-yl)-4-[4-[[4-[4-[(9,10-dioxoanthracen-1-yl)carbamoyl]phenyl] phenyl]diazenyl]phenyl] benzamide) (CAS No. 12227–50–8) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107484.

Vat Green 1 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.92 | Vat Green 1 (Anthra[9,1,2-cde]benzo[rst]pentaphene-5,10-dione, 16,17-dimethoxy-) (CAS No. 128–58–5) (CIN 59825) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107485.

Vat Green 3
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.93 | Vat Green 3 (Anthra[2,1,9-mna]naphth[2,3-h]acridine-5,10,15(16H)-trione) (CAS No. 3271–76–9) (CIN 69500) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107486.

Vat Blue 6 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.94 | Vat Blue 6 (15,30-Dichloro-2,17-diazaheptacyclo [16.12.0.03,16.04,13.06, 11.019,28.021,26] triaconta-1(30),3,6,8,10,13,15,18,21, 23,25,28-dodecaene-5,12,20,27-tetrone) (CAS No. 130–20–1) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107487.

Vat Blue 20 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.95 | Vat Blue 20 (Anthra[9,1,2-cde]benzo[rst]pentaphene-5,10-dione) (CAS No. 116–71–2) (CIN 59800) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107488.

Vat Violet 1
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.96 | Vat Violet 1 (Benzo[rst]phenanthro [10,1,2-cde] pentaphene-9,18-dione, dichloro-) (CAS No. 1324–55–6) (CIN 60010) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107489.

Vat Brown 1 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.97 | Vat Brown 1 (Naphth[2′,3′:6,7]indolo[2,3-c]dinaphtho[2,3-a:2′,3′-i]carbazole-5,10,15,17,22,24-hexone, 16,23-dihydro-) (CAS No. 2475–33–4) (CIN 70800) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107490.

Vat Black 16 dye
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.98 | Vat Black 16 (8-Aminononacyclo [18.10.2.22,5.03,16.04,13.06, 11.017,31.022,27.028,32] tetratriaconta-1(31),2,4,6(11), 7,9,13,15,17,19,22,24,26, 28(32),29,33-hexadecaene-12,21-dione) (CAS No. 26763–69–9) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107491.

Vat Black 25
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.22.99 | Vat Black 25 (Anthra[2,1,9-mna]naphth[2,3-h]acridine-5,10,15(16H)-trione, 3-[(9,10-dihydro-9,10-dioxo-1-anthracenyl)amino]-) (CAS No. 4395–53–3) (CIN 69525) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107492.

Vat Black 27
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.01 | Vat Black 27 (Benzamide, N,N′-(10,15,16,17-tetrahydro-5,10,15,17-tetraoxo-5H-dinaphtho[2,3-a:2′,3′-i]carbazole-6,9-diyl)bis-) (CAS No. 2379–81–9) (CIN 69005) (provided for in subheading 3204.15.80) | Free | No change | No change | On or before 12/31/2023” |
.
107493.

Reactive Yellow 145
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.02 | Reactive Yellow 145 (Tetrasodium;7-[[2-(carbamoylamino)-4-[[4-chloro-6-[3-(2-sulfonatooxyethylsulfonyl) anilino]-1,3,5-triazin-2-yl] amino]phenyl]diazenyl] naphthalene-1,3,6-trisulfonate) (CAS No. 80157–00–2) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107494.

Reactive Red 195
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.03 | Reactive Red 195 (Pentasodium 5-[[4-chloro-6-[3-(2-sulfonatooxyethylsulfonyl)anilino]-1,3,5-triazin-2-yl]amino]-3-[(1,5-disulfonatonaphthalen-2-yl)diazenyl]-4-hydroxynaphthalene-2,7-disulfonate) (CAS No. 77365–64–1) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107495.

Reactive Blue 49
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.04 | Reactive Blue 49 (Trisodium 1-amino-4-[3-[[4-chloro-6-(2-sulfonatoanilino)-1,3,5-triazin-2-yl]amino]-2,4,6-trimethyl-5-sulfonatoanilino]-9,10-dioxoanthracene-2-sulfonate) (CAS No. 72214–18–7) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107496.

Reactive Blue 72
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.05 | Reactive Blue 72 (Cuprate(2-), [C-[[[3-[(4-amino-6-chloro-1,3,5-triazin-2-yl)amino]-4-sulfophenyl]amino]sulfonyl]-C-(aminosulfonyl)-29H,31H-phthalocyanine-C-sulfonato(4-)-κN29,κN30,κN31,κN32]-, sodium (1:2)) (CAS No. 68967–01–1) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107497.

Reactive Yellow 95 powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.06 | Reactive Yellow 95 (Trisodium 4-[[4-chloro-6-(3-sulfonatoanilino)-1,3,5-triazin-2-yl]amino]-2-[[1-ethyl-6-hydroxy-4-methyl-2-oxo-5-(sulfonatomethyl)pyridin-3-yl]diazenyl]benzenesulfonate) (CAS No. 89923–43–3) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107498.

Reactive Red 245
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.07 | Reactive Red 245 (Tetrasodium 5-[4-chloro-6-(N-ethylanilino)-1,3,5-triazin-2-ylamino]-4-hydroxy-3-(1,5-disulfonatonaphtalen-2-ylazo)naphthalene-2,7-disulfonate) (CAS No. 130201–57–9) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107499.

Reactive Brown 11
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.08 | Reactive Brown 11 (Tetrasodium; 2-[[4-[[4-[(4-amino-6-chloro-1,3,5-triazin-2-yl)amino]-5-sulfonatonaphthalen-1-yl]diazenyl]-7-sulfonatonaphthalen-1-yl]diazenyl]benzene-1,4-disulfonate) (CAS No. 70161–16–9) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107500.

Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet F01–0439, and Reactive Orange 131
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.09 | Disperse dye mixture of Reactive Black 5 (Na) (FKP) (tetrasodium; 4-amino-5-hydroxy-3,6-bis[[4-(2-sulfonatooxyethylsulfonyl) phenyl]diazenyl]naphthalene-2,7-disulfonate (CAS No. 17095–24–8); Reactive Scarlet F01–0439 (2-naphthalenesulfonic acid, 7-amino-4-hydroxy-, coupled with diazotized 2-[(4-aminophenyl) sulfonyl] ethyl hydrogen sulfate and diazotized 2-amino-5-[[2-(sulfooxy)ethyl]sulfonyl] benzenesulfonic acid, potassium sodium salts) (CAS No. 214362–06–8); reaction mass of 7-amino-3,8-bis-[4-(2-sulfoxyethylsulfonyl)-2-sulfophenylazo]-4-hydroxynaphthalene-2-sulfonic acid, Na/K salt and 7-amino-3-[4-(2-sulfoxyethylsulfonyl) phenylazo]-4-hydroxy-8-[4-(2-sulfoxyethylsulfonyl)-2-sulfophenylazo] naphthalene-2-sulfonic acid, Na/K salt and 7-amino-3,8-bis-[4-(2-sulfoxyethylsulfonyl) phenylazo]-4-hydroxynaphthalene-2-sulfonic acid, Na/K salt and 7-amino-8-[4-(2-sulfoxyethylsulfonyl)-phenylazo]-4-hydroxy-3-[4-(2-sulfoxyethylsulfonyl)-2-sulfophenylazo] naphthalene-2-sulfonic acid, Na/K salt, and Reactive Orange 131 (benzenesulfonic acid, 2,4-diamino-3-[2-[4-[[2-(sulfooxy) ethyl]sulfonyl] phenyl]diazenyl]-5-[2-[2-sulfo-4-[[2-(sulfooxy) ethyl]sulfonyl] phenyl] diazenyl]-, potassium sodium salt (1:?:?)) (CAS No. 187026–95–5) and dipotassium disodium 2,4-diamino-5-(2-{2-sulfo-4-[2-(sulfooxy)ethanesulfonyl] phenyl}diazen-1-yl)-3-(2-{4-[2-(sulfooxy)ethanesulfonyl] phenyl}diazen-1-yl) benzene-1-sulfonate (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107501.

Reactive Yellow F98–0159
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.10 | Reactive Yellow F98–0159 (benzenesulfonic acid, 2-[2-[2-[(aminocarbonyl)amino]-4-[(2,6-difluoro-4-pyrimidinyl)amino]phenyl]diazenyl]-5-[[2-(sulfooxy)ethyl]sulfonyl]-, sodium salt (1:2)) (CAS No. 176449–21–1) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107502.

Dye mixtures of Reactive Orange 131 and Reactive Scarlet F07–0522
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.11 | Disperse dye mixtures of Reactive Orange 131 (CAS No. 187026–95–5) (dipotassium disodium 2,4-diamino-5-(2-{2-sulfo-4-[2-(sulfooxy)ethanesulfonyl] phenyl}diazen-1-yl)-3-(2-{4-[2-(sulfooxy)ethanesulfonyl] phenyl}diazen-1-yl)benzene-1-sulfonate) and Reactive Scarlet F07–0522 (CAS No. 891857–92–4) (pentasodium 7-amino-4-hydroxy-3,8-bis-[2-sulfo-4-(2-sulfooxy-ethanesulfonyl)-phenylazo]-naphthalene-2-sulfonate) (provided for in subheading 3204.16.30) | Free | No change | No change | On or before 12/31/2023” |
.
107503.

Reactive Black 31
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.12 | Reactive Black 31 (cuprate(4-), [4,5-dihydro-4-[2-[8-(hydroxy-.kappa.O)-7-[2-[2-(hydroxy-.kappa.O)-5-methoxy-4-[[2-(sulfooxy)ethyl] sulfonyl]phenyl]diazenyl-.kappa.N1]-6-sulfo-2-naphthalenyl]diazenyl]-5-oxo-1-(4-sulfophenyl)-1H-pyrazole-3-carboxylato(6-)]-, sodium) (CAS No. 85585–91–7) (provided for in subheading 3204.16.50) | Free | No change | No change | On or before 12/31/2023” |
.
107504.

Reactive Red 120
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.13 | Reactive Red 120 (hexasodium 5-[[4-chloro-6-[4-[[4-chloro-6-[[8-hydroxy-3,6-disulfonato-7-[(2-sulfonatophenyl)diazenyl]naphthalen-1-yl]amino]-1,3,5-triazin-2-yl]amino]anilino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(2-sulfonatophenyl)diazenyl]naphthalene-2,7-disulfonate) (CAS No. 68214–04–0) (provided for in subheading 3204.16.50) | Free | No change | No change | On or before 12/31/2023” |
.
107505.

Reactive Blue 5
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.14 | Reactive Blue 5 (1-Amino-4-{[3-({4-chloro-6-[(3-sulfophenyl)amino]-1,3,5-triazin-2-yl}amino)-4-sulfophenyl]amino}-9,10-dioxo-9,10-dihydro-2-anthracenesulfonic acid) (CAS No. 16823–51–1) (provided for in subheading 3204.16.50) | Free | No change | No change | On or before 12/31/2023” |
.
107506.

Reactive Orange 13
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.15 | Reactive Orange 13 powder (trisodium 2-[[6-[(4-amino-6-chloro-1,3,5-triazin-2-yl)-methylamino]-1-hydroxy-3-sulfonatonaphthalen-2-yl]diazenyl]naphthalene-1,5-disulfonate) (CAS No. 70616–89–6) (provided for in subheading 3204.16.50) | Free | No change | No change | On or before 12/31/2023” |
.
107507.

Reactive Orange 12
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.16 | Reactive Orange 12 powder (trisodium 7-[[4-[(4-amino-6-chloro-1,3,5-triazin-2-yl)amino]-2-(carbamoylamino) phenyl]diazenyl]naphthalene-1,3,6-trisulfonate) (CAS No. 70161–14–7) (provided for in subheading 3204.16.50) | Free | No change | No change | On or before 12/31/2023” |
.
107508.

Pigment Red 177
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.17 | Pigment Red 177 (1-amino-4-(4-amino-9,10-dioxoanthracen-1-yl)anthracene-9,10-dione) (CAS No. 4051–63–2) (provided for in subheading 3204.17.04) | Free | No change | No change | On or before 12/31/2023” |
.
107509.

Pigment Yellow 110
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.18 | Pigment Yellow 110 (4,5,6,7-tetrachloro-3-[4-[(4,5,6,7-tetrachloro-3-oxoisoindol-1-ylidene)amino]phenyl]iminoisoindol-1-one) (CAS No. 5590–18–1) (provided for in subheading 3204.17.04) | Free | No change | No change | On or before 12/31/2023” |
.
107510.

Pigment Yellow 147
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.19 | Pigment Yellow 147 (1-[[4-[(9,10-dioxoanthracen-1-yl)amino]-6-phenyl-1,3,5-triazin-2-yl]amino]anthracene-9,10-dione) (CAS No. 4118–16–5) (provided for in subheading 3204.17.60) | Free | No change | No change | On or before 12/31/2023” |
.
107511.

Pigment Orange 64
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.20 | Pigment Orange 64 (5-[(6-methyl-2-oxo-1,3-dihydrobenzimidazol-5-yl)diazenyl]-1,3-diazinane-2,4,6-trione) (CAS No. 72102–84–2) (provided for in subheading 3204.17.60) | Free | No change | No change | On or before 12/31/2023” |
.
107512.

Pigment Blue 29
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.21 | Pigment Blue 29 (aluminum sodium orthosilicate trisulfane-1,3-diide (6:8:6:1)) (CAS No. 57455–37–5) (provided for in subheading 3204.17.60) | Free | No change | No change | On or before 12/31/2023” |
.
107513.

Pigment Violet 15
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.22 | Pigment Violet 15 (hexaaluminum;hexasodium; tetrathietane;hexasilicate) (CAS No. 12769–96–9) (provided for in subheading 3204.17.60) | Free | No change | No change | On or before 12/31/2023” |
.
107514.

Pigment Blue 14
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.23 | Pigment Blue 14 (ethanaminium, N-(4-(bis(4-(diethylamino)phenyl)methylene)-2,5-cyclohexadien-1-ylidene)-N-ethyl-, molybdatetungstatephosphate) (CAS No. 1325–88–8) (provided for in subheading 3204.17.90) | Free | No change | No change | On or before 12/31/2023” |
.
107515.

Solvent Blue 97
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.24 | Solvent Blue 97 (1,4-Bis(2,6-diethyl-4-methylanilino)anthracene-9,10-dione) (CAS Nos. 61969–44–6 and 32724–62–2) (provided for in subheading 3204.19.11) | Free | No change | No change | On or before 12/31/2023” |
.
107516.

Solvent Green 5
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.25 | Solvent Green 5 (bis(2-methylpropyl) perylene-3,9-dicarboxylate) (CAS No. 2744–50–5) (provided for in subheading 3204.19.11) | Free | No change | No change | On or before 12/31/2023” |
.
107517.

Solvent Yellow 98
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.26 | Solvent Yellow 98 (14-octadecyl-8-thia-14-azapentacyclo [10.6.2.0^2,7.0^9, 19.0^16,20] icosa-1(19),2,4,6,9,11,16(20),17-octaene-13,15-dione) (CAS No. 12671–74–8) (provided for in subheading 3204.19.11) | Free | No change | No change | On or before 12/31/2023” |
.
107518.

Solvent Green 7
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.27 | Solvent Green 7 (trisodium 8-hydroxypyrene-1,3,6-trisulfonate) (CAS No. 6358–69–6) (provided for in subheading 3204.19.11) | Free | No change | No change | On or before 12/31/2023” |
.
107519.

Solvent Red 195
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.28 | Solvent Red 195 (methyl 4-cyano-5-[[5-cyano-2,6-bis(3-methoxypropylamino)-4-methylpyridin-3-yl]diazenyl]-3-methylthiophene-2-carboxylate) (CAS No. 72968–71–9) (provided for in subheading 3204.19.20) | Free | No change | No change | On or before 12/31/2023” |
.
107520.

Solvent Orange 115
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.29 | Solvent Orange 115 (7H-Benzimidazo[2,1-a] benzo[3,4][2]benzothiopyrano [7,8,1-def]isoquinolin-7-one) (CAS No. 53304–32–8) (provided for in subheading 3204.19.20) | Free | No change | No change | On or before 12/31/2023” |
.
107521.

Specialty dyes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.30 | White/bluish powder dye containing benzenesulfonamide, 2,2′-([1,1′-biphenyl]-4,4′-diyldi-2,1-ethenediyl)bis[N-(3-hydroxypropyl)-, polymer with formaldehyde, ar-methylbenzenesulfonamide and 1,3,5-triazine-2,4,6-triamine (CAS No. 1191239–40–3) (provided for in subheading 3204.19.20) | Free | No change | No change | On or before 12/31/2023” |
.
107522.

Solvent Green 3
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.31 | Solvent Green 3 (1,4-bis(4-methylanilino)anthracene-9,10-dione) (CAS No. 128–80–3) (CIN 61565) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107523.

Solvent Blue 36
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.33 | Solvent Blue 36 (1,4-bis(propan-2-ylamino)anthracene-9,10-dione) (CAS No. 14233–37–5) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107524.

Mixtures of Solvent Green 3
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.34 | Mixtures of Solvent Green 3 (1,4-bis(4-methylanilino)anthracene-9,10-dione) (CAS No. 128–80–3) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107525.

Solvent Red 52
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.35 | Solvent Red 52 (3-methyl-6-[(4-methylphenyl)amino]-3H-naphtho[1,2,3-de]quinoline-2,7-dione) (CAS No. 81–39–0) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107526.

Solvent Red 149
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.36 | Solvent Red 149 (6-(cyclohexylamino)-3-methyl-3H-naphtho[1,2,3-de]quinoline-2,7-dione) (CAS No. 21295–57–8 or 71902–8–6) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107527.

Solvent Red 207
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.37 | Solvent Red 207 (1,5-bis(cyclohexylamino) anthracene-9,10-dione) (CAS No. 15958–68–6) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107528.

Solvent Violet 14
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.38 | Solvent Violet 14 (1,5-bis(4-methylanilino)anthracene-9,10-dione) (CAS No. 8005–40–1) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107529.

Solvent Yellow 179
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.39 | Solvent Yellow 179 (2-[[4-[2-(4-cyclohexylphenoxy) ethyl-ethylamino]-2-methylphenyl]methylidene] propanedinitrile) (CAS No. 54079–53–7) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107530.

Solvent Yellow 131
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.40 | Solvent Yellow 131 (2-(3-hydroxypropyl)-6-(3-hydroxypropylamino)benzo[de]isoquinoline-1,3-dione) (CAS No. 52821–24–6) (provided for in subheading 3204.19.25) | Free | No change | No change | On or before 12/31/2023” |
.
107531.

Hogen Blue XB-20
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.41 | Synthetic organic coloring matter containing copper(II) phthalocyanine (CAS No. 147–14–8) (provided for in subheading 3204.19.40) | Free | No change | No change | On or before 12/31/2023” |
.
107532.

Solvent Yellow 104
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.42 | Solvent Yellow 104 (CAS No. 143476–34–0) (provided for in subheading 3204.19.40) | Free | No change | No change | On or before 12/31/2023” |
.
107533.

Combination of Fluorescent Brighteners 367 and 371
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.43 | Mixture of Fluorescent Brightener 367 (CAS No. 5089–22–5) and Fluorescent Brightener 371 (provided for in subheading 3204.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107534.

Fluorescent Brightener CBS-X
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.44 | Disodium 2,2′-[biphenyl-4,4′-diyldiethene-2,1-diyl]dibenzenesulfonate (CAS No. 27344–41–8) of a kind used as a fluorescent brightening agent (provided for in subheading 3204.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107535.

Optical Brightener SWN
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.45 | 7-(Diethylamino)-4-methylchromen-2-one (CAS No. 91–44–1) (provided for in subheading 3204.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107536.

C.I. Fluorescent Brightener 199:1
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.46 | Mixtures of 1-(2-cyanostyryl)-4-(4-cyanostyryl)benzene (CAS No. 13001–38–2); 2,2′-oxydi(ethan-1-ol) (CAS No. 111–46–6); acetic acid ethenyl ester, polymer with ethenol (CAS No. 25213-24-5); methyl 4-[2-[4-(5-methyl-2-benzoxazolyl)phenyl]vinyl]benzoate (CAS No. 18039–18–4); and formaldehyde, polymer with oxirane and phenol, methyl ether (CAS No. 68988–31–8) of a kind used as fluorescent brightening agents (provided for in subheading 3204.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107537.

Fluorescent Brightener 368
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.47 | Mixtures of 2-[4-[(E)-2-[4-(1,3-benzoxazol-2-yl)phenyl]ethenyl]phenyl]-1,3-benzoxazole (CAS No. 1533–45–5); 5-methyl-2-[4-[(E)-2-[4-(5-methyl-1,3-benzoxazol-2-yl)phenyl]ethenyl]phenyl]-1,3-benzoxazole (CAS No. 2397–00–4) and 2-[4-[(E)-2-[4-(1,3-benzoxazol-2-yl)phenyl]ethenyl]phenyl]-5-methyl-1,3-benzoxazole (CAS No. 5242–49–9) (provided for in subheading 3204.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107538.

1,4-Bis(2-cyanostyryl)benzene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.48 | 2-[(E)-2-[4-[(E)-2-(2-Cyanophenyl)ethenyl] phenyl]ethenyl]benzonitrile (CAS No. 13001–39–3) (provided for in subheading 3204.20.80) | Free | No change | No change | On or before 12/31/2023” |
.
107539.

Certain manufacturing inputs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.49 | 1-[3-(Dimethylamino)propyl]-4-methyl-6-oxo-3-pyridin-1-ium-1-ylpyridin-2-olate (CAS No. 104583–33–7) (provided for in subheading 3204.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107540.

Cerium sulfide pigments
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.50 | Pigment preparations based on cerium sulfide or mixtures of cerium sulfide and lanthanum sulfide (CAS Nos. 12014–93–6 and 12031–49–1) (provided for in subheading 3206.49.60) | Free | No change | No change | On or before 12/31/2023” |
.
107541.

Matte pearlescent pigments
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.51 | Coloring matter of mica (CAS No. 12001–26–2) and titanium dioxide (CAS No. 13463–67–7), coated with submicron poly(methyl methacrylate) (CAS No. 9011–14–7) spheres to create a matte optical effect (provided for in subheading 3206.49.60) | Free | No change | No change | On or before 12/31/2023” |
.
107542.

Angle-dependent interference pigments
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.52 | Angle-dependent interference pigments based on a substrate of transparent or translucent inorganic flakes of fluorophlogopite (CAS No. 12003–38–2), titanium dioxide (CAS No. 13463–67–7), and synthetic amorphous silica (CAS No. 112945–52–5) (provided for in subheading 3206.49.60) | Free | No change | No change | On or before 12/31/2023” |
.
107543.

Inorganic Lumilux
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.53 | Inorganic products of a kind used as luminophores containing zinc sulfide (ZnS), copper chloride-doped (CAS No. 68611–70–1), dizinc;silicate (CAS No. 68611–47–2), yttrium oxide sulfide (Y2O2S), europium-doped (CAS No. 68784–83–8), erbium sodium ytterbium fluoride (Er0.04NaYb0.96F4) (CAS No. 753489–08–6), diyttrium dioxide sulfide (CAS No. 12340–04–4), oxygen(2-);yttrium(3+) (CAS No. 1314–36–9), (CAS No. 1314–37–9) and erbium(III) oxide (CAS No. 12061–16–4) (provided for in subheading 3206.50.00) | Free | No change | No change | On or before 12/31/2023” |
.
107544.

Ribbon/Matrix Resin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.54 | Optical fiber ribbon cable matrix resin, a polymer in the form of a liquid coating, with a density of approximately 1.12 kg/liter, viscosity of 3000 to 5000 cps at 25 °C, with elongation greater than 20 percent and tensile strength of 22 to 32 MPa (provided for in subheading 3208.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107545.

Bonding agent 2005
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.55 | Solution as defined in note 4 to chapter 32, mixture of poly(tolylene 2,4-diisocyanate) (CAS No. 26006–20–2); 2,4-diisocyanato-1-methylbenzene (CAS No. 584–84–9) and butyl acetate (CAS No. 123–86–4) (provided for in subheading 3208.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107546.

Fluoropolymer resin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.56 | Solution of high molecular weight fluoroethylene-alkyl vinylether (FEVE) alternative copolymer, containing 38 to 42 percent by weight of moderate OH number resin in a blend of cyclohexanone and aromatic hydrocarbon solvent, having a Tg of 20 °C (CAS No. 207691–69–8) (provided for in subheading 3208.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107547.

Zirconium 12 paint drier
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.57 | Zirconium 12 paint drier, mixtures of naptha, petroleum, hydrotreated heavy (CAS No. 64742–48–9), zirconium 2-ethylhexanoate (CAS No. 22464–99–9), nonane (CAS No. 111–84–2), zirconium, bis(acetate-o)oxo- (CAS No. 5153–24–2) (provided for in heading 3211.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107548.

Zirconium 24 paint drier
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.58 | Zirconium 24 paint drier, mixtures of naptha, petroleum, hydrotreated heavy (CAS No. 64742–48–9), zirconium 2-ethylhexanoate (CAS No. 22464–99–9), nonane (CAS No. 111–84–2), zirconium, bis(acetate-o)oxo- (CAS No. 5153–24–2) (provided for in heading 3211.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107549.

Drier accelerators
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.59 | Prepared drier accelerators containing a mixture of cyclopentanone (CAS No. 120–92–3), cyclohexanone (CAS No. 108–94–1), and 2-pyridin-2-ylpyridine (CAS No. 366–18–7) (provided for in heading 3211.00.00)) | Free | No change | No change | On or before 12/31/2023” |
.
107550.

Lemon oil
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.60 | Essential oils of lemon (CAS No. 8008–56–8) (provided for in subheading 3301.13.00) | 3.3% | No change | No change | On or before 12/31/2023” |
.
107551.

Sulfonic acids, C14–17-sec-alkane, sodium salt
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.61 | Sulfonic acids, C14–17-sec-alkane, sodium salt (CAS No. 97489–15–1) anionic aromatic surface-active agent (provided for in subheading 3402.11.20) | Free | No change | No change | On or before 12/31/2023” |
.
107552.

Potassium ethyl octylphosphonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.62 | Potassium; ethoxy(octyl)phosphinate (CAS No. 68134–28–1) (provided for in subheading 3402.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107553.

Intermediate in the production of industrial lubricants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.63 | (Z)-N-Methyl-N-(1-oxo-9-octadecenyl)glycine (N-oleylsarcosine) (CAS No. 110–25–8) surfactant (provided for in subheading 3402.11.50) | Free | No change | No change | On or before 12/31/2023” |
.
107554.

Polyether dispersant
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.64 | Oxirane, 2-methyl-, polymer with oxirane, mono[(diethylamino)alkyl] ether surfactant (CAS No. 68511–96–6) (provided for in subheading 3402.12.50) | Free | No change | No change | On or before 12/31/2023” |
.
107555.

D-Glucopyranose
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.65 | (3R,4S,5S,6R)-2-decoxy-6-(hydroxymethyl)oxane-3,4,5-triol (CAS No. 68515–73–1) (provided for in subheading 3402.13.20) | Free | No change | No change | On or before 12/31/2023” |
.
107556.

2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.66 | (3R,4S,5S,6R)-2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol (CAS No. 110615–47–9) (provided for in subheading 3402.13.20) | Free | No change | No change | On or before 12/31/2023” |
.
107557.

Mixtures of certain C12–14-alkyl ethers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.67 | Mixtures of poly(oxy-1,2-ethanediyl), α-phosphono-ω-hydroxy-, C12-14-alkyl ethers (CAS No. 121158–63–2); poly(oxy-1,2-ethanediyl), α,α′-phosphinicobis[ω-hydroxy-, di-C12-14-alkyl ethers (CAS No. 121158–61–0); poly(oxy-1,2-ethanediyl), α,α′,α″-phosphinylidynetris[ω-hydroxy-, tri-C12-14-alkyl ethers (CAS No. 121158–62–1); alcohols C12–14, ethoxylated (CAS No. 68439–50–9) (provided for in subheading 3402.13.50) | Free | No change | No change | On or before 12/31/2023” |
.
107558.

Manufacturing chemical
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.68 | Mixtures of fatty acids, coco, ethoxylated (CAS No. 61791–29–5) and butan-1-ol;ethane-1,2-diol;propane-1,2-diol (CAS No. 9038–95–3) surfactant (provided for in subheading 3402.13.50) | Free | No change | No change | On or before 12/31/2023” |
.
107559.

Nonionic surfactant
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.69 | D-Glucopyranose, oligomeric, C10–16-alkyl glycosides (CAS No. 110615–47–9); water (CAS No. 7732–18–5); and D-glucopyranose, oligomeric, 2-ethylhexyl glycosides (CAS No. 161074–93–7) (provided for in subheading 3402.13.50) | Free | No change | No change | On or before 12/31/2023” |
.
107560.

Chemical used in textile manufacturing
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.70 | Mixtures of sodium [1-carboxy-17-(dibutylamino)-17-oxoheptadecan-8-yl] sulfate (CAS No. 62093–93–0); sodium;18-hydroxy-18-oxooctadecane-1-sulfonate (CAS No. 67998–94–1); sodium (Z)-octadec-9-enoate (CAS No. 143–19–1); and (Z)-N,N-dibutyloctadec-9-enamide (CAS No. 5831–80–1) (provided for in subheading 3402.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107561.

Ethoxylated tristyrylphenol phosphate potassium salt
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.71 | Mixtures of propane-1,2-diol (CAS No. 57–55–6), poly(oxy-1,2-ethanediyl), α-(tris(1-phenylethyl)phenyl)-ω-hydroxy- (CAS No. 99734–09–5), and poly(oxy-1,2-ethanediyl), α-(2,4,6-tris(1-phenylethyl)phenyl)-ω-hydroxy-, phosphate, potassium salt (CAS No. 163436–84–8) (provided for in subheading 3402.90.30) | Free | No change | No change | On or before 12/31/2023” |
.
107562.

Sodium polycarboxylate, aqueous solution
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.72 | Mixtures of 2,5-furandione, polymer with 2,4,4-trimethylpentene, sodium salt (sodium;oxolane-2,5-dione;2,4,4-trimethylpent-1-ene) (CAS No. 37199–81–8), and poly(oxy-1,2-ethanediyl), α-(carboxymethyl)-ω-(tridecyloxy)-, branched, sodium salt (CAS No. 68891–17–8) (provided for in subheading 3402.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107563.

Aqueous emulsion of a mixture of amine soaps and miscellaneous other additives
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.73 | Mixtures of propane-1,2,3-triol (glycerol) (CAS No. 56–81–5); 2-octadec-9-enoxyethanol phosphoric acid (CAS No. 39464–69–2); tall oil fatty acid (CAS No. 61790–12–3); 2,3-bis[[(Z)-12-hydroxyoctadec-9-enoyl]oxy]propyl (Z)-12-hydroxyoctadec-9-enoate (castor oil) (CAS No. 8001–79–4); alcohols C16-18,18 unsaturated, ethoxylated (CAS No. 68920–66–1); 2-(2-hydroxyethylamino)ethanol (Diethanolamine) (CAS No. 111–42–2); distillates (petroleum), hydrotreated light naphthenic (CAS No. 64742–53–6); phosphoric acid (CAS No. 7664–38–2); ethane-1,2-diamine (CAS No. 107–15–3); and 2H-benzotriazole (CAS No. 95–14–7) (provided for in subheading 3403.19.50) | Free | No change | No change | On or before 12/31/2023” |
.
107564.

Aqueous dispersion of a mixture of fatty amine and amide soaps and miscellaneous other additives
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.74 | Mixtures of (2E,4E,6E,8E,10E,12E)-pentadeca-2,4,6,8,10,12,14-heptaenoic acid (Fatty acids, C14-18 and C16-18-unsaturated) (CAS No. 67701–06–8); 2-octadec-9-enoxyethanol;phosphoric acid (CAS No. 39464–69–2); distillates, petroleum, solvent-dewaxed heavy paraffinic (CAS No. 64742–65–0); alcohols C16-18,18 unsaturated, ethoxylated (CAS No. 68920–66–1); 2-(2-hydroxyethylamino)ethanol (Diethanolamine) (CAS No. 111–42–2); ethane-1,2-diamine (CAS No. 107–15–3); phosphoric acid (CAS No. 7664–38–2), amines, tallow alkyl, ethoxylated (CAS No. 61791–26–2); and 2H-benzotriazole (CAS No. 95–14–7) (provided for in subheading 3403.19.50) | Free | No change | No change | On or before 12/31/2023” |
.
107565.

Aqueous dispersion of a mixture of fatty amine and amide soaps and miscellaneous other additives
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.75 | Mixtures of N-[2-(octadecanoylamino)ethyl]octadecanamide (CAS No. 110–30–5); 2-(2-hydroxyethylamino)ethanol (CAS No. 111–42–2); phosphoric acid (CAS No. 7664–38–2); amines, tallow alkyl, ethoxylated (CAS No. 61791–26–2); fatty acids, C14-18 and C16-18-unsaturated (CAS No. 67701–06–8); and nonylphenol, branched, ethoxylated, phosphated (CAS No. 68412–53–3) (provided for in subheading 3403.99.00) | Free | No change | No change | On or before 12/31/2023” |
.
107566.

Photographic gelatin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.76 | Photographic gelatin (CAS No. 9000–70–8) (provided for in subheading 3503.00.55) | Free | No change | No change | On or before 12/31/2023” |
.
107567.

Ice fountains (class 1.4G)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.77 | Ice fountains (Class 1.4G) (CAS No. 9904–70–0) generating a jet of sparklers when lit (provided for in subheading 3604.10.90) | Free | No change | No change | On or before 12/31/2023” |
.
107568.

Magic candles containing magnesium powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.78 | Magic candles containing magnesium powder (CAS No. 7439–95–4) that automatically relight themselves when blown out and emit spark effects when lit (provided for in subheading 3604.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107569.

Party snappers (Class 1.4G)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.79 | Snaps designed to make a loud noise when thrown to the ground (CAS No. 7761–88–8) (provided for in subheading 3604.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107570.

Fenpyroximate 5SC
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.80 | Mixtures of tert-butyl 4-[[(E)-(1,3-dimethyl-5-phenoxypyrazol-4-yl) methylideneamino] oxymethyl]benzoate (Fenpyroximate) (CAS No. 134098–61–6) and application adjuvants (provided for in subheading 3808.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
107571.

Pyrifluquinazon 20SC
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.81 | Mixtures of 1-acetyl-6-(1,1,1,2,3,3,3-heptafluoropropan-2-yl)-3-(pyridin-3-ylmethylamino)-4H-quinazolin-2-one (Pyrifluquinazon) (CAS No. 337458–27–2) and application adjuvants (provided for in subheading 3808.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
107572.

Imidacloprid and Muscalure formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.82 | Product mixtures containing (NE)-N-[1-[(6-chloropyridin-3-yl)methyl]imidazolidin-2-ylidene]nitramide (Imidacloprid) (CAS No. 138261–41–3) and (Z)-tricos-9-ene (Muscalure) (CAS No. 27519–02–4) (provided for in subheading 3808.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
107573.

Formulations of acephate and bifenthrin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.83 | Formulations of N-[methoxy(methylsulfanyl) phosphoryl]acetamide (Acephate) (CAS No. 30560–19–1) and (2-methyl-3-phenylphenyl)methyl (1R,3R)-3-[(Z)-2-chloro-3,3,3-trifluoroprop-1-enyl]-2,2-dimethylcyclopropane-1-carboxylate (Bifenthrin) (CAS No. 82657–04–3) (provided for in subheading 3808.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
107574.

Fipronil
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.84 | (RS)-5-Amino-1-[2,6-dichloro-4-(trifluoromethyl) phenyl]-4-(trifluoromethysulfinyl)-1H-pyrazole-3-carbonitrile (Fipronil) (CAS No. 120068–37–3) (provided for in subheading 3808.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
107575.

Aluminum phosphide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.85 | (Formulated aluminium phosphide (alumanylidynephosphane) (CAS No. 20859–73–8) (provided for in subheading 3808.91.30) | Free | No change | No change | On or before 12/31/2023” |
.
107576.

Magnaphos formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.86 | Formulations of magnesium phosphide (trimagnesi­um;phosphorus(3-)) (Magnaphos) (CAS No. 12057–74–8) (provided for in subheading 3808.91.30) | Free | No change | No change | On or before 12/31/2023” |
.
107577.

Formulated oxamyl
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.87 | Mixtures of methyl (1Z)-2-(dimethylamino)-N-(methylcarbamoyloxy)-2-oxoethanimidothioate (Oxamyl) (CAS No. 23135–22–0) and application adjuvants (provided for in subheading 3808.91.50) | 0.2% | No change | No change | On or before 12/31/2023” |
.
107578.

Formulated fungicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.88 | Mixtures of 2-(trichloromethylsulfanyl)-3a,4,7,7a-tetrahydroisoindole-1,3-dione (Captan) (CAS No. 133–06–2) and application adjuvants (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107579.

Certain fungicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.89 | Mixtures of (2Z)-2-[2-fluoro-5-(trifluoromethyl)phenyl]sulfanyl-2-[3-(2-methoxyphenyl)-1,3-thiazolidin-2-ylidene]acetonitrile (CAS No. 958647–10–4); 1-methylpyrrolidin-2-one (CAS No. 872–50–4) and polyoxyalkylene polystyryl phenyl ether (CAS No. 99734–09–5) (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107580.

Prothioconazole, Fluopyram, and Trifloxystrobin fungicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.90 | Product mixtures containing 2-[2-(1-chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-1H-1,2,4-triazole-3-thione (Prothioconazole) (CAS No. 178928–70–6), N-[2-[3-chloro-5-(trifluoromethyl) pyridin-2-yl]ethyl]-2-(trifluoromethyl)benzamide (Fluopyram) (CAS No. 658066–35–4) and (2E)-2-methoxyimino-2-[2-[[(E)-1-[3-(trifluoromethyl)phenyl] ethylideneamino]oxymethyl] phenyl]acetate (Trifloxystrobin) (CAS No. 141517–21–7) (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107581.

Prothioconazole, Metalaxyl, and Tebuconazole fungicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.91 | Product mixtures containing 2-[(2RS)-2-(1-chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-2H-1,2,4-triazole-3(4H)-thione (Prothioconazole) (CAS No. 178928–70–6), methyl N-(2-methoxyacetyl)-N-(2,6-xylyl)-DL-alaninate (Metalaxyl) (CAS No. 57837–19–1) and (RS)-1-p-chlorophenyl-4,4-dimethyl-3-(1H-1,2,4-triazol-1-ylmethyl) pentan-3-ol (Tebuconazole) (CAS No. 107534–96–3) (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107582.

Mancozeb and Chlorothalonil formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.92 | Formulations of zinc;manganese(2+);N-[2-(sulfidocarbothioylamino)ethyl]carbamodithioate (Mancozeb) (CAS No. 8018–01–7) and 2,4,5,6-tetrachlorobenzene-1,3-dicarbonitrile (Chlorothalonil) (CAS No. 1897–45–6) (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107583.

Mixtures of Picarbutrox and application adjuvants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.93 | Mixtures of tert-butyl N-[6-[[(Z)-[(1-methyltetrazol-5-yl)-phenylmethylidene]amino]oxymethyl]pyridin-2-yl]carbamate (Picarbutrox) (CAS No. 500207–04–5) and application adjuvants (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107584.

Mixtures of Tetraconazole and application adjuvants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.94 | Mixtures of 1-[2-(2,4-dichlorophenyl)-3-(1,1,2,2-tetrafluoroethoxy)propyl]-1,2,4-triazole (Tetraconazole) (CAS No. 112281–77–3) and application adjuvants (provided for in subheading 3808.92.15) | Free | No change | No change | On or before 12/31/2023” |
.
107585.

Mancozeb and Azoxystrobin formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.95 | Formulations containing zinc;manganese(2+);N-[2-(sulfidocarbothioylamino)ethyl]carbamodithioate (Mancozeb) (CAS No. 8018–01–7) and methyl (E)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-yl]oxyphenyl]-3-methoxyprop-2-enoate (Azoxystrobin) (CAS No. 131860–33–8) (provided for in subheading 3808.92.28) | Free | No change | No change | On or before 12/31/2023” |
.
107586.

Mixtures of Cymoxanil and fumed dioxosilane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.96 | Mixtures of (1E)-2-(ethylcarbamoylamino)-N-methoxy-2-oxoethanimidoyl cyanide (Cymoxanil) (CAS No. 57966–95–7), fumed dioxosilane (CAS No. 112945–52–5), and application adjuvants (provided for in subheading 3808.92.30) | Free | No change | No change | On or before 12/31/2023” |
.
107587.

Microthiol formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.97 | Formulations of micronized sulfur (CAS No. 7704–34–9) (provided for in subheading 3808.92.30) | Free | No change | No change | On or before 12/31/2023” |
.
107588.

Formulations of thiencarbazone-methyl, Iodosulfuron-methyl-sodium, and dicamba
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.98 | Product mixtures containing methyl 4-[(3-methoxy-4-methyl-5-oxo-1,2,4-triazole-1-carbonyl)sulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1); sodium;(5-iodo-2-methoxycarbonylphenyl)sulfonyl-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoyl]azanide (Iodosulfuron-methyl-sodium) (CAS No. 144550–36–7) and 3,6-dichloro-2-methoxybenzoic acid (Dicamba) (CAS No. 1918–00–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107589.

Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.23.99 | Methyl 4-[(3-methoxy-4-methyl-5-oxo-1,2,4-triazole-1-carbonyl)sulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1), ethyl 5,5-diphenyl-4H-1,2-oxazole-3-carboxylate (Isoxadifen-ethyl) (CAS No. 163520–33–0) and 2-[2-chloro-4-methylsulfonyl-3-(2,2,2-trifluoroethoxymethyl)benzoyl]cyclohexane-1,3-dione (Tembotrione) (CAS No. 335104–84–2) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107590.

Herbicides used on grasses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.01 | Product mixtures containing ethyl (2R)-2-[4-[(6-chloro-1,3-benzoxazol-2-yl)oxy]phenoxy]propanoate (Fenoxaprop-ethyl) (CAS No. 71283–80–2) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107591.

Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.02 | Product mixtures containing methyl 4-[(3-methoxy-4-methyl-5-oxo-1,2,4-triazole-1-carbonyl)sulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1); (5-cyclopropyl-1,2-oxazol-4-yl)-[2-methylsulfonyl-4-(trifluoromethyl)phenyl]methanone (Isoxaflutole) (CAS No. 141112–29–0) and N-[4-(cyclopropylcarbamoyl)phenyl]sulfonyl-2-methoxybenzamide (Cyprosulfamide) (CAS No. 221667–31–8) (provided for in subheading 3808.93.15) | 5% | No change | No change | On or before 12/31/2023” |
.
107592.

Thiencarbazone-methyl and Iodosulfuron-methylsodium herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.03 | Product mixtures containing methyl 4-[(3-methoxy-4-methyl-5-oxo-1,2,4-triazole-1-carbonyl)sulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1) and sodium (5-iodo-2-methoxycarbonylphenyl)sulfonyl-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoyl]azanide (Iodosulfuron methylsodium) (CAS No. 144550–36–7) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107593.

Thiencarbazone-methyl and Mefenpyr-diethyl herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.04 | Product mixtures containing methyl 4-[(3-methoxy-4-methyl-5-oxo-1,2,4-triazole-1-carbonyl)sulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1) and diethyl 1-(2,4-dichlorophenyl)-5-methyl-4H-pyrazole-3,5-dicarboxylate (Mefenpyr-diethyl) (CAS No. 135590–91–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107594.

Thifensulfuron-methyl and Tribenuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.05 | Formulations of methyl 3-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl) carbamoylsulfamoyl]thiophene-2-carboxylate (Thifensulfuron-methyl) (CAS No. 79277–27–3) and methyl 2-[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)-methylcarbamoyl]sulfamoyl]benzoate (Tribenuron-methyl) (CAS No. 101200–48–0) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107595.

Tribenuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.06 | Formulations of methyl 2-[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)-methylcarbamoyl]sulfamoyl]benzoate (Tribenuron-methyl) (CAS No. 101200–48–0) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107596.

Chlorsulfuron and metsulfuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.07 | Formulations of 1-(2-chlorophenyl)sulfonyl-3-(4-methoxy-6-methyl-1,3,5-triazin-2-yl)urea (Chlorsulfuron) (CAS No. 64902–72–3), methyl 2-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoylsulfamoyl] benzoate (Metsulfuron Methyl) (CAS No. 74223–64–6) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107597.

Thifensulfuron-methyl and Fluroxypyr formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.08 | Formulations of methyl 3-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl) carbamoylsulfamoyl]thiophene-2-carboxylate (Thifensulfuron-methyl) (CAS No. 79277–27–3), 2-(4-amino-3,5-dichloro-6-fluoropyridin-2-yl)oxyacetic acid (Fluroxypyr) (CAS No. 69377–81–7) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107598.

Aciflurofen formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.09 | Formulations of sodium;5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate (Aciflurofen) (CAS No. 62476–59–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107599.

S-Metolachlor and Mestrione herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.10 | Formulations of 2-chloro-N-(2-ethyl-6-methylphenyl)-N-[(2S)-1-methoxypropan-2-yl]acetamide (S-Metolachlor) (CAS No. 87392–12–9) and 4-amino-6-tert-butyl-3-methylsulfanyl-1,2,4-triazin-5-one (Mestrione) (CAS No. 21087–64–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107600.

Metribuzin formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.11 | Formulations of 4-amino-6-tert-butyl-3-methylsulfanyl-1,2,4-triazin-5-one (Metribuzin) (CAS No. 21087–64–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107601.

Pendimethaline and Metribuzine formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.12 | Formulations of 3,4-dimethyl-2,6-dinitro-N-pentan-3-ylaniline (Pendimethaline) (CAS No. 40487–42–1) and 4-amino-6-tert-butyl-3-methylsulfanyl-1,2,4-triazin-5-one (Metribuzine) (CAS No. 21087–64–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107602.

Formulations of S-Metolachlor and Metribuzin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.13 | Formulations of 2-chloro-N-(2-ethyl-6-methylphenyl)-N-[(2S)-1-methoxypropan-2-yl]acetamide (S-Metolachlor) (CAS No. 87392–12–9) and 4-amino-6-tert-butyl-3-methylsulfanyl-1,2,4-triazin-5-one (Metribuzin) (CAS No. 21087–64–9) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107603.

Thifensulfuron-methyl and Tribenuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.14 | Formulations of methyl 2-[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)-methylcarbamoyl] sulfamoyl]benzoate (Tribenuron-methyl) (CAS No. 101200–48–0) and 3-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoylsulfamoyl] thiophene-2-carboxylic acid (Thifensulfuron) (CAS No. 79277–67–1) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107604.

Metsulfuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.15 | Formulations of methyl 2-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl) carbamoylsulfamoyl]benzoate (Metsulfuron-methyl) (CAS No. 74223–64–6) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107605.

Chlorimuron-ethyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.16 | Formulations of ethyl 2-[(4-chloro-6-methoxypyrimidin-2-yl)carbamoylsulfamoyl] benzoate (Chlorimuron-ethyl) (CAS No. 90982–32–4) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107606.

Mixtures of Bromoxynil octanoate and Bromoxynil heptanoate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.17 | Mixtures of 2,6-dibromo-4-cyanophenyl octanoate (Bromoxynil octanoate) (CAS No. 1689–99–2) and 2,6-dibromo-4-cyanophenyl heptanoate (Bromoxynil heptanoate) (CAS No. 56634–95–8) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107607.

Sulfometuron-methyl and Metsulfuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.18 | Formulations of methyl 2-[(4,6-dimethylpyrimidin-2-yl)carbamoylsulfamoyl] benzoate (Sulfometuron-methyl) (CAS No. 74222–97–2) and methyl 2-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoylsulfamoyl] benzoate (Metsulfuron-methyl) (CAS No. 74223–64–6) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107608.

Chlorimuron-ethyl and Tribenuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.19 | Formulations of ethyl 2-[(4-chloro-6-methoxypyrimidin-2-yl)carbamoylsulfamoyl] benzoate (Chlorimuron-ethyl) (CAS No. 90982–32–4) and methyl 2-[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)-methylcarbamoyl]sulfamoyl] benzoate (Tribenuron-methyl) (CAS No. 101200–48–0) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107609.

Formulations containing Tiafenacil
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.20 | Formulations containing methyl 3-[2-[2-chloro-4-fluoro-5-[3-methyl-2,6-dioxo-4-(trifluoromethyl)pyrimidin-1-yl]phenyl] sulfanylpropanoylamino]propanoate (Tiafenacil) (CAS No. 1220411–29–9) (provided for in subheading 3808.93.15) | 0.9% | No change | No change | On or before 12/31/2023” |
.
107610.

Diuron 80
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.21 | Formulated products containing mixtures of 3-(3,4-dichlorophenyl)-1,1-dimethylurea (CAS No. 330–54–1) and application adjuvants (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107611.

Flazasulfuron herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.22 | Formulations of 1-(4,6-dimethoxypyrimidin-2-yl)-3-[3-(trifluoromethyl)pyridin-2-yl]sulfonylurea (Flazasulfuron) (CAS No. 104040–78–0) (provided for in subheading 3808.93.15) | Free | No change | No change | On or before 12/31/2023” |
.
107612.

Thifensulfuron-methyl formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.23 | Formulations of methyl 3-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl) carbamoylsulfamoyl]thiophene-2-carboxylate (Thifensulfuron-methyl) (CAS No. 79277–27–3) and application adjuvants (provided for in subheading 3808.93.50) | Free | No change | No change | On or before 12/31/2023” |
.
107613.

Herbicide for farm and ranch use
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.24 | Formulations of (RS)-2-Chloro-N-(2-ethyl-6-methyl-phenyl)-N-(1-methoxypropan-2-yl)acetamide (S-metolachlor) (CAS No. 87392–12–9) and ammonium (2RS)-2-amino-4-(methylphosphinato)butyric acid (Glufosinate) (CAS No. 77182–82–2) (provided for in subheading 3808.93.50) | Free | No change | No change | On or before 12/31/2023” |
.
107614.

Propanil formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.25 | Formulations of N-(3,4-dichlorophenyl)propanamide (Propanil) (CAS No. 709–98–8) (provided for in subheading 3808.93.50) | Free | No change | No change | On or before 12/31/2023” |
.
107615.

Thifensulfuron formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.26 | Formulations of 3-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoylsulfamoyl] thiophene-2-carboxylic acid (Thifensulfuron) (CAS No. 79277–67–1) and application adjuvants (provided for in subheading 3808.93.50) | Free | No change | No change | On or before 12/31/2023” |
.
107616.

Tolpyralate and Nicosulfuron herbicides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.27 | Formulations of (RS)-1-{1-ethyl-4-[4-mesyl-3-(2-methoxyethoxy)-o-toluoyl]pyrazol-5-yloxy}ethyl methyl carbonate (Tolpyralate) (CAS No. 1101132–67–5) and 2-[(4,6-dimethoxypyrimidin-2-yl)carbamoylsulfamoyl]-N,N-dimethylpyridine-3-carboxamide (Nicosulfuron) (CAS No. 111991–09–4) (provided for in subheading 3808.93.50) | Free | No change | No change | On or before 12/31/2023” |
.
107617.

Mixtures of magnesium salts and application adjuvants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.28 | Mixtures of magnesium dinitrate (CAS No. 10377–60–3), 5-chloro-2-methyl-1,2-thiazol-3-one (CAS No. 26172–55–4), 2-methyl-1,2-thiazol-3-one (CAS No. 2682–20–4), magnesium dichloride (CAS No. 7786–30–3), and application adjuvants (provided for in subheading 3808.94.50) | Free | No change | No change | On or before 12/31/2023” |
.
107618.

Nisin formulations
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.29 | Nisin preparations including 2.5 percent Nisin and 92 percent salt (CAS No. 1414–45–5) (provided for in subheading 3808.99.95) | Free | No change | No change | On or before 12/31/2023” |
.
107619.

Certain fixatives
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.30 | Dye fixative used in the textile industry containing benzenesulfonic acid, hydroxy-, sodium salt (1:1), polymer with formaldehyde and 4,4′-sulfonylbis(phenol) (CAS No. 71832–81–0) (provided for in subheading 3809.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
107620.

Fuel oil additives: cold flow improvers containing poly(ethylene-co-ethenyl acetate)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.31 | Mixtures containing poly(ethylene-co-ethenyl acetate) (CAS No. 24937–78–8) used as a cold flow improver for fuel oils (provided for in subheading 3811.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107621.

Fuel oil additives: cold flow improvers containing fumarate vinyl acetate co-polymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.32 | Mixtures containing fumarate vinyl acetate co-polymer (CAS No. 68954–13–2) used as a cold flow improver for fuel oils (provided for in subheading 3811.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107622.

Crude oil additives: cold flow improvers containing fumarate vinyl acetate copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.33 | Mixtures containing fumarate vinyl acetate copolymer (CAS No. 68954–15–4 or 68954–14–3) used as a cold flow improver for crude oil (provided for in subheading 3811.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107623.

Pour point depressants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.34 | Mixtures containing hydrophobic acrylic polymer (CAS No. 27029–57–8) used as a pour point depressant for crude oil (provided for in subheading 3811.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107624.

Fuel oil additives: cold flow improvers containing poly (ethylene-co-ethenyl acetate and vinyl 2-ethyl hexanoate)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.35 | Mixtures containing poly (ethylene-co-ethenyl acetate and vinyl 2-ethyl hexanoate) (CAS No. 52856–75–4) used as a cold flow improver for fuel oil (provided for in subheading 3811.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107625.

Poly(isobutylene) hydroformylation products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.36 | Mixtures consisting of poly(isobutylene) hydroformylation products, reaction products with ammonia (CAS No. 337367–30–3), used in the production of gasoline detergent additive packages (provided for in subheading 3811.90.00) | 5% | No change | No change | On or before 12/31/2023” |
.
107626.

Input for rubber products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.37 | Mixtures of 3-(3,4-dichlorophenyl)-1,1-dimethylurea (CAS No. 330–54–1) with acrylate rubber (provided for in subheading 3812.10.10) | Free | No change | No change | On or before 12/31/2023” |
.
107627.

Mixtures of oligomers as general antioxidants for rubber tires
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.38 | Mixtures of oligomers of 2,2,4-trimethyl-1,2-dihydroquinoline (CAS Nos. 147–47–7 and 26780–96–1) as general antioxidants for rubber tires (provided for in subheading 3812.31.00) | 4.4% | No change | No change | On or before 12/31/2023” |
.
107628.

Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-, homopolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.39 | Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-, homopolymer (CAS No. 29963–44–8) (provided for in subheading 3812.39.60) | Free | No change | No change | On or before 12/31/2023” |
.
107629.

Aromatic amine antioxidants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.40 | Aromatic amine liquid antioxidants for various polymers consisting of benzenamine, N-phenyl-, reaction products with 2,4,4-trimethylpentene (CAS No. 68411–46–1) (provided for in subheading 3812.39.60) | Free | No change | No change | On or before 12/31/2023” |
.
107630.

Antioxidant blends
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.41 | Antioxidant blends for polymers consisting of tetrakismethylene (3, 5-di-t-butyl-4-hydroxyhydrocinnamate) methane (CAS No. 6683–19–8) and tris (2, 4-di-t-butylphenyl) phosphite (CAS No. 31570–04–4) (provided for in subheading 3812.39.60) | Free | No change | No change | On or before 12/31/2023” |
.
107631.

Antioxidant blends to protect polymers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.42 | Antioxidant blends for polymers consisting of N, N′-hexamethylene bis[3-(3,5-di-t-butyl-4-hydroxyphenyl)propionamide] (CAS No. 23128–74–7) and tris (2, 4-di-t-butylphenyl) phosphite (CAS No. 31570–04–4) (provided for in subheading 3812.39.60) | Free | No change | No change | On or before 12/31/2023” |
.
107632.

Synthetic hydrotalcite coated with fatty acid and magnesium stearate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.43 | Polyvinyl chloride stabilizers consisting of magnesium aluminum hydroxide carbonate (synthetic hydrotalcite) (CAS No. 11097–59–9) coated with fatty acids (CAS No. 67701–03–5) and magnesium stearate (CAS No. 91031–63–9) (provided for in subheading 3812.39.90) | 1.7% | No change | No change | On or before 12/31/2023” |
.
107633.

Silica scorch retarders and polymerization inhibitors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.44 | Mixtures of precipitated silica gel (CAS No. 112926–00–8) and (4-hydroxy-2,2,6,6-tetramethyl-1-piperidinyl)oxidanyl (CAS No. 2226–96–2) of a kind used as polymerization inhibitors (provided for in subheading 3812.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107634.

Synthetic hydrotalcite
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.45 | Magnesium aluminum hydroxide carbonate (synthetic hydrotalcite) (CAS No. 11097–59–9) coated with a vegetable-based (palm oil) stearic acid (provided for in subheading 3812.39.90) | 1.6% | No change | No change | On or before 12/31/2023” |
.
107635.

Light stabilizers for construction products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.46 | Hindered amine light stabilizers for polypropylene, polyvinyl chloride and other similar goods, the foregoing consisting of 1,6-hexanediamine, N,N′-bis(2,2,6,6-tetramethyl-4-piperidinyl)-, polymer with 2,4,6-trichloro-1,3,5-triazine, reaction products with N-butyl-1-butanamine and N-butyl-2,2,6,6-tetramethyl-4-piperidinamine (CAS No. 192268–64–7) (provided for in subheading 3812.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107636.

Light stabilizer for plastics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.47 | Light stabilizer for plastics containing a mixture of (2,2,6,6-tetramethy, 4-piperidinyl) polymer in 50 percent polypropylene (CAS No. 69447–45–8); 2,2,6,6-tetramethylpiperidin-4-yl) octadecanoate (CAS No. 167078–06–0) and 2,2,6,6-tetramethylpiperidin-4-ol (CAS No. 2403–88–5) (provided for in subheading 3812.39.90) | Free | No change | No change | On or before 12/31/2023” |
.
107637.

Preparations of bis(2,4–dichlorobenzoyl) peroxide 50 percent paste
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.48 | Preparations each used as an initiator (radical source) in the crosslinking of polymers consisting of bis(2,4-dichlorobenzoyl)peroxide (CAS No. 133–14–2) and silicone oil (provided for in subheading 3815.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107638.

Distilled tall oils
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.49 | Distilled tall oils containing more than 2 percent by weight rosin (CAS No. 8002–26–4) (provided for in subheading 3823.13.00) | Free | No change | No change | On or before 12/31/2023” |
.
107639.

Pyridine, alkyl derivatives
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.50 | Pyridine, alkyl derivatives (CAS No. 68391–11–7) (provided for in subheading 3824.99.28) | Free | No change | No change | On or before 12/31/2023” |
.
107640.

Polyisocyanate crosslinking agents
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.51 | Polyisocyanate crosslinking agent tris(4-isocyanatophenoxy)-sulfanylidene-λ5-phosphane (CAS No. 4151–51–3) (provided for in subheading 3824.99.28) | Free | No change | No change | On or before 12/31/2023” |
.
107641.

Bonding agent mixtures
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.52 | Mixture of phenol;propane-1-sulfonic acid (CAS No. 70775–94–9) and 1,3-diisocyanato-2-methylbenzene;2,4-diisocyanato-1-methylbenzene (CAS No. 31370–61–3) (provided for in subheading 3824.99.28) | Free | No change | No change | On or before 12/31/2023” |
.
107642.

Liquid, chemically modified amine complex of boron trifluoride
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.53 | Liquid, chemically modified amine complex of (benzylamine)trifluoroboron (CAS No. 696–99–1) (provided for in subheading 3824.99.28) | Free | No change | No change | On or before 12/31/2023” |
.
107643.

Phthalocyanine derivative
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.54 | 1-Octadecanaminium, N,N-dimethyl-N-octadecyl-, (Sp-4-2)-[29H,31H-phthalocyanine-2-sulfonato(3-)-κN29, κN30, κN31, κN32]cuprate(1-) (CAS No. 70750–63–9) (provided for in subheading 3824.99.28) | Free | No change | No change | On or before 12/31/2023” |
.
107644.

Mixtures of Cocamidopropyl betaine, glycol distearate, Laureth-4, and water
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.55 | Mixtures of 2-[3-(dodecanoylamino)propyl-dimethylazaniumyl]acetate (Cocamidopropyl betaine) (CAS No. 61789–40–0); fatty acids, C16–18, esters with ethylene glycol (glycol distearate) (CAS No. 91031–31–1); alcohols C12–14, ethoxylated (Laureth-4) (CAS No. 68439–50–9) and oxidane (water) (CAS No. 7732–18–5) (provided for in subheading 3824.99.41) | Free | No change | No change | On or before 12/31/2023” |
.
107645.

Mixtures of tall oil mono-, di-, and triglycerides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.56 | Mixtures of tall oil mono-, di-, and triglycerides of a kind used for fuel additives (CAS No. 97722–02–6) (provided for in subheading 3824.99.41) | Free | No change | No change | On or before 12/31/2023” |
.
107646.

Tallow-bis(2-hydroxyethyl) amines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.57 | Mixtures of fatty substances of animal origin containing 50 percent by weight of 2-(2-hydroxyethylamino)ethanol on a polyethylene carrier (provided for in subheading 3824.99.41) | Free | No change | No change | On or before 12/31/2023” |
.
107647.

Additive mixtures for metalworking fluids
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.58 | Additive mixtures for metalworking fluids of 2-[dimethyl(propyl)azaniumyl]ethyl-[2-[2-[2-[2-[2-[2-[2-methoxyethyl(dimethyl)azaniumyl]ethyl-dimethylazaniumyl]ethoxy]ethyl-dimethylazaniumyl]ethyl-dimethylazaniumyl]ethoxy]ethyl]-dimethylazanium;hexachloride (CAS No. 31075–24–8) (provided for in subheading 3824.99.55) | Free | No change | No change | On or before 12/31/2023” |
.
107648.

Naphthenic acids
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.59 | Naphthenic acids composed of 3-(3-ethylcyclopentyl)propanoic acid (CAS No. 1338–24–5) having an acidic fraction greater than 70 percent (provided for in subheading 3824.99.75) | Free | No change | No change | On or before 12/31/2023” |
.
107649.

Hydroxytyrosol powders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.60 | Mixtures containing (2R,3S,4R,5R)-2,3,4,5,6-pentahydroxyhexanal (CAS No. 9050–36–6 (less than 90 percent by weight)) and 4-(2-hydroxyethyl)benzene-1,2-diol (CAS No. 10597–60–1 (less than 25 percent by weight)) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107650.

Secondary alcohol ethoxylates
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.61 | Mixtures of C12–14-secondary ethoxylated alcohols with an average of less than 5 ethylene oxide monomer units (CAS No. 84133–50–6) (provided for in subheading 3824.99.92) | 2.8% | No change | No change | On or before 12/31/2023” |
.
107651.

Ethylene glycol dimerate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.62 | Mixtures containing fatty acid polymer of a kind used as fuel additives (fatty acids, C18-unsaturated, dimers, polymers with ethylene glycol) (CAS No. 68082–28–0) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107652.

Two-part liquid silicone kits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.63 | Two-part liquid silicone kits (parts A and B) containing 58 to 70 percent by weight aluminum oxide (CAS No. 1344–28–1) treated with tetrapropyl silicate (CAS No. 682–01–9), 10 to 20 percent by weight ethenyl-[ethenyl(dimethyl)silyl]oxy-dimethylsilane (CAS No. 68083–19–2), 5 to 15 percent by weight [dimethyl(trimethylsilyloxy)silyl]oxy-ethenyl-methyl-trimethylsilyloxysilane (CAS No. 67762–94–1), 5 to 15 percent by weight iron oxide (CAS No. 1309–37–1), 1 to 3 percent by weight bis(dimethylsilyloxy)-dimethylsilane (CAS No. 70900–21–9) and 1 to 3 percent by weight silica, [(ethenyldimethylsilyl)oxy]- and [(trimethylsilyl)oxy]-modified (CAS No. 68988–89–6) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107653.

Hydrophobic precipitated silica
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.64 | Siloxanes and silicones, di-methyl, reaction products with silica (CAS No. 67762–90–7) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107654.

Silane, trimethoxyoctyl-, hydrolysis products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.65 | Dioxosilane; trimethoxy(octyl)silane (CAS No. 92797–60–9) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107655.

1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.66 | 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products with silica and 3-(triethoxysilyl)-1-propanamine (CAS No. 199876–44–3) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107656.

Waterborne epoxy curing agents
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.67 | Waterborne epoxy curing agents based on cycloaliphatic amine technology containing (3-aminimethyl-3,5,5-trimethylcyclohexylamine) (CAS No. 285513–2) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107657.

Preparations based on 1-phenylicosane-1,3-dione
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.68 | Preparations based on 1-phenylicosane-1,3-dione (CAS No. 58446–52–9) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107658.

Mixtures of 2-Mercaptopropionic acid, methyl ester, O-ethyl dithiocarbonate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.69 | Mixtures of methyl 2-ethoxycarbothioylsulfanylpropanoate (CAS No. 351491–23–1); heptane (CAS No. 142–82–5) and methanedithione (CAS No. 75–15–0) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107659.

Epoxy curing agents
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.70 | Epoxy curing agent mixtures of linseed oil polymer with bisphenol A, bisphenol A diglycidyl ether, diethylenetriamine, formaldehyde, glycidyl phenyl ether and pentaethylenehexamine (CAS No. 68915–81–1) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107660.

Aliphatic amine curing agents
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.71 | [3-(Aminomethyl)phenyl]methanamine (CAS No. 1477–55–0) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107661.

Non-halogenated flame retardants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.72 | Non-halogenated flame retardants based on organic phosphinates aluminum;diethylphosphinate (CAS No. 225789–38–8) phosphonic acid, aluminum salt (3:2) (CAS No. 56287–23–1) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107662.

Ligaphob N 90
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.73 | Fatty acids, C16–18 and C18–unsaturated, sodium salts (CAS No. 68424–26–0) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107663.

Organomodified siloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.74 | Mixtures of poly[oxy(methyl-1,2-ethanediyl)], α-butyl-ω-hydroxy- (CAS No. 9003–13–8); polysiloxanes, di-Me, hydroxy-terminated, ethoxylated propoxylated (CAS No. 64365–23–7); and oxirane, 2-methyl-, polymer with oxirane (CAS No. 9003–11–6) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107664.

Methyl palmitate-stearate, hydrogenated
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.75 | Fatty acids, C16–18, methyl esters (methyl palmitate-stearate, hydrogenated) (CAS No. 85586–21–6) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107665.

Olfine E1010
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.76 | Mixtures of ethane-1,2-diol;2,4,7,9-tetramethyldec-5-yne-4,7-diol (CAS No. 9014–85–1) (provided for in subheading 3824.99.92) | 1% | No change | No change | On or before 12/31/2023” |
.
107666.

Certain non-halogenated flame retardants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.77 | Non-halogenated flame retardants based on organic phosphinates aluminum;diethylphosphinate (CAS No. 225789–38–8) phosphoric acid;1,3,5-triazine-2,4,6-triamine (CAS No. 218768–84–4) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107667.

Flame retardants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.78 | Non-halogenated flame retardant based on organic phosphinates aluminum;diethylphosphinate (CAS No. 225789–38–8) phosphoric acid;1,3,5-triazine-2,4,6-triamine (CAS No. 218768–84–4) boron zinc oxide (CAS No. 12767–90–7) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107668.

Preparations based on acetyl hexapeptide-8 and pentapeptide-18
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.79 | Mixtures of propane-1,2,3-triol (CAS No. 56–81–5); (4S)-4-acetamido-5-[[(2S)-1-[[(2S)-1-[[(2S)-5-amino-1-[[(2S)-1-[[(2S)-1-amino-5-(diaminomethylideneamino)-1-oxopentan-2-yl]amino]-5-(diaminomethylideneamino)-1-oxopentan-2-yl]amino]-1,5-dioxopentan-2-yl]amino]-4-methylsulfanyl-1-oxobutan-2-yl]amino]-4-carboxy-1-oxobutan-2-yl]amino]-5-oxopentanoic acid (CAS No. 616204–22–9); L-tyrosyl-D-alanylglycyl-L-phenylalanyl-L-leucine (CAS No. 64963–01–5); 2-hydroxypropane-1,2,3-tricarboxylic acid hydrate (CAS No. 5949–29–1); octane-1,2-diol (CAS No. 1117–86–8) and water (CAS No. 7732–18–5) (provided for in subheading 3824.99.92) | Free | No change | No change | On or before 12/31/2023” |
.
107669.

Lithium silicon oxide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.80 | Lithium poly-silicate (lithium silicon oxide) in dark gray powdered form (CAS No. 12627–14–4) (provided for in subheading 3824.99.92) | 3.9% | No change | No change | On or before 12/31/2023” |
.
107670.

Branched olefin from propylene polymerization
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.81 | Branched olefin from propylene polymerization (12-[(2S,3R)-3-octyloxiran-2-yl]dodecanoic acid) (CAS No. 9003–07–0) (provided for in subheading 3902.10.00), the foregoing other than polypropylene in pellet form, containing 1 percent or more but not over 10 percent by weight of mineral filler (talc) and 10 percent or more but not over 30 percent by weight of carbon powder | Free | No change | No change | On or before 12/31/2023” |
.
107671.

Polypropylene pellets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.82 | Polypropylene in pellet form, containing 1 percent or more but not over 10 percent by weight of mineral filler (talc) and 10 percent or more but not over 30 percent by weight of carbon powder (CAS No. 9003–07–0) (provided for in subheading 3902.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107672.

Propylene-ethylene copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.83 | Poly(propylene-co-ethylene) (CAS No. 9010–79–1) (provided for in subheading 3902.30.00), the foregoing other than ethylene-propylene copolymers containing 50 to 75 percent by weight of propylene | 4.9% | No change | No change | On or before 12/31/2023” |
.
107673.

Ethylene-propylene copolymers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.84 | Ethylene-propylene copolymers, containing 50 to 75 percent by weight of propylene (CAS No. 9010–79–1) (provided for in subheading 3902.30.00) | 3.3% | No change | No change | On or before 12/31/2023” |
.
107674.

Benzene alkylated with polypropylene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.85 | Benzene, polypropylene derivatives (CAS No. 68081–77–6) (provided for in subheading 3902.90.00) | 1.3% | No change | No change | On or before 12/31/2023” |
.
107675.

Chlorinated polyolefin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.86 | Chlorinated polyolefin (1-butene, polymer with ethene and 1-propene, chloro- and tetrahydro-2,5-dioxo-3-furanyl-terminated) (CAS No. 560096–07–3) (provided for in subheading 3902.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107676.

Adsorbent resin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.87 | Poly(divinylbenzene-co-ethylstyrene) (CAS No. 9043–77–0) (provided for in subheading 3903.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107677.

Vinyl chloride-hydroxypropyl acrylate copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.88 | 2-Hydroxypropyl prop-2-enoate (acrylate), oxiran-2-ylmethyl 2-methylprop-2-enoate (glycidyl methacrylate), vinyl chloride copolymer (CAS No. 164718–75–6) (provided for in subheading 3904.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
107678.

Vinyl chloride ethylene copolymer with hydrophic properties
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.89 | Mixtures containing by weight less than 70 percent of ethylene-vinyl chloride copolymer (CAS No. 25037–78–9) (provided for in subheading 3904.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
107679.

Fluids with boiling points above 170 °C
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.90 | 1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized (CAS 69991–67–9) (provided for in subheading 3904.69.50), with boiling point above 170 °C | Free | No change | No change | On or before 12/31/2023” |
.
107680.

Formulations of functionalized perfluoropolyether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.91 | Ethene, 1,1,2,2-tetrafluoro-, oxidized, polymerized, reduced, fluorinated, ethyl esters, reduced (CAS No. 1573124–82–9) (provided for in subheading 3904.69.50) | Free | No change | No change | On or before 12/31/2023” |
.
107681.

Perfluoropolyether-urethane acrylate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.92 | Perfluoropolyether-urethane acrylate (2-propenoic acid, 2-hydroxyethyl ester, reaction products with 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane trimer and reduced Me esters of reduced polymerized, oxidized tetrafluoroethylene) (CAS No. 918664–08–1) present in a quantity comprising 60 percent or more but less than 70 percent by weight, the foregoing dissolved in 0.5 percent or more but less than 1 percent by weight of propan-2-ol (isopropyl alcohol) (CAS No. 67–63–0), 15 percent or more but less than 20 percent by weight of ethyl acetate (CAS No.141–78–6) and 10 percent or more but less than 15 percent by weight of butyl acetate (CAS No.123–86–4) (provided for in subheading 3904.69.50) | Free | No change | No change | On or before 12/31/2023” |
.
107682.

PVDF homopolymer/PVDF/CTFE copolymer mixtures
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.93 | Mixtures of ethene, 1,1-difluoro-, homopolymer (CAS No. 24937–79–9) and ethene, 1-chloro-1,2,2-trifluoro-, polymer with 1,1-difluoroethene (CAS No. 9010–75–7) (provided for in subheading 3904.69.50) | Free | No change | No change | On or before 12/31/2023” |
.
107683.

Chemically modified PVDF
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.94 | Chemically modified ethene, 1,1-difluoro-, homopolymer (CAS No. 24937–79–9) (provided for in subheading 3904.69.50) | Free | No change | No change | On or before 12/31/2023” |
.
107684.

Fluoropolymer, fluoroethylene-alkyl vinylether alternative copolymers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.95 | Chlorotrifluoroethylene-cyclohexyl vinyl ether-hydroxybutyl vinyl ether copolymer in flake or powder form, having a glass transition temperature of 51 °C (CAS No. 89461–13–2) (provided for in subheading 3904.69.50) | Free | No change | No change | On or before 12/31/2023” |
.
107685.

Copolymer of vinyl acetate and higher vinyl esters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.96 | Mixtures containing 50 percent by weight poly(vinyl acetate-co-vinyl laurate) (CAS No. 26354–30–3) and 50 percent by weight bis(2-ethylhexyl) adipate (CAS No. 103–23–1) (provided for in subheading 3905.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107686.

Food-grade vinyl acetate copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.97 | Dodecanoic acid, ethenyl ester, polymer with ethenyl acetate (CAS No. 26354–30–3) (provided for in subheading 3905.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107687.

Vinyl chloride ethylene with enhanced properties
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.98 | Mixtures containing by weight less than 75 percent of ethylene-vinyl acetate-vinyl chloride copolymer (CAS No. 25085–46–5) (provided for in subheading 3905.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
107688.

Vinyl acetate ethylene copolymer with enhanced properties
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.24.99 | Mixtures containing not more than 75 percent by weight of poly(ethylene-co-ethenyl acetate) (CAS No. 24937–78–8), other than in aqueous dispersion (provided for in subheading 3905.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
107689.

Food-grade polyvinyl acetate homopolymers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.01 | Dodecanoic acid, ethenyl ester, polymer with ethenyl acetate (CAS No. 26354–30–3) (provided for in subheading 3905.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
107690.

Acrylic acid/vinylsulphonate random copolymers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.02 | Acrylic acid-sodium vinylsulfonate copolymers, sodium persulfate initiated, reaction product with tetrasodium vinylidene diphosphonic acid (CAS No. 397256–50–7) (provided for in subheading 3905.91.50) | Free | No change | No change | On or before 12/31/2023” |
.
107691.

Poly(methyl methacrylate) microspheres
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.03 | Poly(methyl methacrylate) granular or spherical micro-spheres, each with mean particle size of 1 to 25 µm (CAS No. 9011–14–7) (provided for in subheading 3906.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107692.

Methyl methacrylate crosspolymer microspheres
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.04 | Composites of methyl methacrylate crosspolymer (methyl 2-methylprop-2-enoate;2-(2-methylprop-2-enoyloxy)ethyl 2-methylprop-2-enoate) (CAS No. 25777–71–3), entirely spherical micro-spheres with mean particle size of 1 to 25 µm and containing 7 to 10 percent by weight of dicalcium phosphate (CAS No. 7757–93–9) (provided for in subheading 3906.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107693.

Styrene acrylate copolymer with enhanced properties
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.05 | Mixtures containing less than 65 percent by weight of butyl prop-2-enoate;styrene (CAS No. 25767–47–9) (provided for in subheading 3906.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107694.

Copolymer for dental use
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.06 | Reacted copolymer of itaconic and acrylic acids, containing by weight over 90 percent 2-propenoic acid polymer with methylenebutanedioic acid, and also containing ethyl acetate and tetrahydrofuran (CAS No. 25948–33–8) (provided for in subheading 3906.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107695.

Vinyl phosphonic acid, acrylic acid copolymer, 20 percent solution in water
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.07 | 2-Propenoic acid, polymer with p-ethenylphosphonic acid, 20 percent solution in water (CAS No. 27936–88–5) (provided for in subheading 3906.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107696.

Polyacrylate 33
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.08 | Mixtures of polyacrylate 33 (methyl methacrylate, polymers with ethyl acrylate, polyethylene glycol methacrylate C16–22-alkyl ethers and polyethylene-polypropylene glycol methacrylate 2-(6,6-dimethylbicyclo[3.1.1]hept-2-en-2-yl)ethyl ether) (CAS No. 1204525–16–5) and alcohols, C10–16, ethoxylated, sulfates, ammonium salts (CAS No. 67762–19–0) (provided for in subheading 3906.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107697.

AA/AMPS copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.09 | Acrylic acid-2-acrylamide-2-methyl propanesulfonic acid copolymer (prop-2-enoic acid;2-(prop-2-enoylamino)butane-2-sulfonic acid) (CAS No. 40623–75–4) in granule form, with a particle size between 250 and 850 µm (provided for in subheading 3906.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107698.

Flocculant dry polyacrylamides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.10 | Flocculant dry polyacrylamides (prop-2-enamide) (CAS No. 9003–05–8) (provided for in subheading 3906.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
107699.

Sorbitol, propylene oxide, ethylene oxide polymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.11 | Oxirane, 2-methyl-, polymer with oxirane, ether with D-glucitol (6:1) (CAS No. 56449–05–9) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107700.

Trimethoxysilylpropylcarbamate-terminated polyether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.12 | Poly[oxy(methyl-1,2-ethanediyl)], α-(((3-(trimethoxysilyl)propyl)amino)carbonyl)-ω-((((3-(trimethoxysilyl)propyl)amino)carbonyl)oxy)- (CAS No. 216597–12–5) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107701.

Dimethoxy(methyl)silylmethylcarbamate-terminated polyether
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.13 | Poly(oxy(methyl-1,2-ethanediyl)), α-((((dimethoxymethylsilyl) methyl)amino)carbonyl)-ω-(((((dimethoxymethylsilyl) methyl)amino)carbonyl)oxy)-(CAS No. 611222–18–5) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107702.

Curing agent is used in two- or three-parts epoxy systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.14 | Polyoxypropylen glycol diamine ((3S,4S)-pyrrolidine-3,4-diol) (CAS No. 9046–10–0) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107703.

Polyethylene glycol 450
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.15 | Poly(oxy-1,2-ethanediyl),α-hydro-ω-hydroxy-ethane-1,2-diol, ethoxylated, PEG 450 (CAS No. 25322–68–3) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107704.

Medicinal intermediate for investigational use
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.16 | Poly(oxy-1,2-ethandiyl), α-[[(2,5-dioxo-1-pyrrolidinyl) oxy]carbonyl]-ω-[[(2,5-dioxo-1-pyrrolinyl)oxy]carbonyl]oxy-(di-NHS PEG40K) (CAS No. 122375–06–8) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107705.

Aqueous solutions of carboxylic acid-copolymer-salt in water
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.18 | Aqueous solutions containing by weight more than 35 percent of 2,5-furandione, polymer with α-[4-(ethenyloxy)butyl]-ω-hydroxypoly(oxy-1,2-ethanediyl), sodium salt (CAS No. 250591–55–0) (provided for in subheading 3907.20.00) | 3% | No change | No change | On or before 12/31/2023” |
.
107706.

Aqueous solutions of a modified polymer bearing hydrophilic and hydrophobic groups
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.19 | Aqueous solutions containing by weight more than 40 percent of 2,5-furandione, polymer with ethenylbenzene, hydrolyzed, 3-(dimethylamino)propyl imide, imide with polyethylene-polypropylene glycol 2-aminopropyl me ether, 2,2′-(1,2-diazenediyl)bis(2-methylbutanenitrile)-initiated (CAS No. 1062609–13–5) (provided for in subheading 3907.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107707.

Dimethylamine/epichlorohydrin/ethylenediamine copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.20 | 1,2-Ethanediamine, polymer with 2-(chloromethyl)oxirane and N-methylmethanamine (CAS No. 42751–79–1) (provided for in subheading 3907.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107708.

Linear hydroxyl-terminated aliphatic polycarb diol
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.21 | Poly(dimethyl carbonate-co-1,6-hexanediol) (CAS No. 101325–00–2) (provided for in subheading 3907.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
107709.

Short hollow PET fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.22 | Hollow fibers of poly(ethylene terephthalate) (CAS No. 25038–59–9), having a viscosity number of 78 ml/g or higher, each fiber measuring 0.5 mm or more but not more than 5 mm in length (provided for in subheading 3907.61.00) | Free | No change | No change | On or before 12/31/2023” |
.
107710.

Polytetrahydrofuran
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.23 | Polytetrahydrofuran (CAS No. 25190–06–1) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107711.

Crystalline polyesters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.24 | 1,4-Benzenedicarboxylic acid, 1,4-dimethyl ester, polymer with 1,4-butanediol and α-hydro-ω-hydroxypoly(oxy-1,4- butanediyl) (CAS No. 9078–71–1) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107712.

Liquid crystal polymers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.25 | 1,4-Benzenedicarboxylic acid, polymer with 1,4-butanediol and α-hydro-ω-hydroxypoly(oxy-1,4-butanediyl) (CAS No. 37282–12–5) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107713.

Branched polyesters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.26 | 1,3-Benzenedicarboxylic acid, polymer with 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, 1,4-dimethyl 1,4-benzenedicarboxylate, 2,2-dimethyl-1,3-propanediol and 1,2-ethanediol (CAS No. 207346–22–3) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107714.

High molecular weight co-polyester
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.27 | 1,4-Benzenedicarboxylic acid, 1,4-dimethyl ester, polymer with 1,4-butanediol and tricyclodecanedimethanol (CAS No. 490017–22–6) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107715.

High molecular weight co-polyester
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.28 | 1,3-Benzenedicarboxylic acid polymer with 1,4-benzenedicarboxylic acid, dimethyl ester, 1,4-cyclohexanedimethanol, 2,2-dimethyl-1,3-propanediol and 1,2-ethanediol (CAS No. 74239–60–4) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107716.

Polyester-polyamide dispersants
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.29 | Dodecanoic acid, reaction products with ethylenimine-2-oxepanone polymer (CAS No. 132434–99–2) (provided for in subheading 3907.99.50) | Free | No change | No change | On or before 12/31/2023” |
.
107717.

Nylon-12 micro-spheres
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.30 | Nylon-12, entirely spherical micro-spheres with mean particle size of 1 to 25 µm (CAS No. 24937–16–4) (provided for in subheading 3908.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107718.

Short nylon-66 fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.31 | Nylon 66 (CAS No. 32131–17–2) fiber, measuring 3.3 decitex or more but not more than 22.2 decitex and having a fiber length each measuring 0.5 mm or more but not over 2 mm (provided for in subheading 3908.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107719.

Short nylon 6 fibers, colored
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.32 | Nylon 6 (CAS No. 25038–54–4) fibers, colored with pigments, measuring approximately 5.5 or more but not more than 22.2 decitex and having a fiber length each measuring 1 mm or more but not over 5 mm (provided for in subheading 3908.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107720.

Short triangular nylon 6 fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.33 | Triangular nylon 6 (CAS No. 25038–54–4) fibers, measuring 2 or more but not more than 5 decitex and having a fiber length each measuring 0.5 mm or more but not over 2 mm (provided for in subheading 3908.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107721.

Short star-shaped nylon 6 fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.34 | Star-shaped nylon 6 (CAS No. 25038–54–4) fibers, measuring 50 or more but not more than 200 decitex and having a fiber length each measuring 0.5 mm or more but not over 5 mm (provided for in subheading 3908.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107722.

Short heart-shaped nylon 6 fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.35 | Heart-shaped nylon 6 (CAS No. 25038–54–4) fibers, measuring 150 decitex and having a fiber length each measuring 0.5 mm or more but not over 2 mm (provided for in subheading 3908.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107723.

PA510 polymer compounds
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.36 | Mixtures containing poly(imino-1,5-pentanediylimino(1,10-dioxo-1,10-decanediyl)) PA510 (CAS No. 105063–19–2) (provided for in subheading 3908.90.70) | Free | No change | No change | On or before 12/31/2023” |
.
107724.

MXD6 polymer compounds
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.37 | Compounds in which hexanedioic acid, polymer with 1,3-benzenedimethanamine (MXD6) (CAS No. 25728–70–1) is the predominant polymer resin (provided for in subheading 3908.90.70) | 2.2% | No change | No change | On or before 12/31/2023” |
.
107725.

PA10T polymer compounds
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.38 | Compounds in which poly(iminocarbonyl-1,4-phenylenecarbonylimino-1,10-decanediyl) (PA10T) (CAS No. 24938–74–7) is the predominant polymer resin (provided for in subheading 3908.90.70) | Free | No change | No change | On or before 12/31/2023” |
.
107726.

PA10T/10I polymer compounds
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.39 | Compounds in which poly(iminocarbonyl-1,4-phenylenecarbonylimino-1,10-decanediyl)-co-(iminocarbonyl-1,3-phenylenecarbonylimino-1,10-decanediyl) (PA10T/10I) (CAS No. 106413–15–4) is the predominant polymer resin (provided for in subheading 3908.90.70) | Free | No change | No change | On or before 12/31/2023” |
.
107727.

Polyurethane aqueous resins
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.40 | Butane-1,4-diol;1,6-diisocyanatohexane;hexanedioic acid;5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane (CAS No. 107934–19–0) (provided for in subheading 3909.50.20) | Free | No change | No change | On or before 12/31/2023” |
.
107728.

Aqueous resin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.41 | Hexanedioic acid, polymer with 1,4-butanediol, 1,6-diisocyanatohexane, 1,6-hexanediol and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane (CAS No. 153640–62–1) (provided for in subheading 3909.50.20) | Free | No change | No change | On or before 12/31/2023” |
.
107729.

Aliphatic polyisocyanate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.42 | 1,2,3-Propanetriol, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, methyloxirane and oxirane (CAS No. 127821–00–5) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107730.

IPDI and HDI based aliphatic polyisocyanate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.43 | Poly[oxy(methyl-1,2-ethanediyl)], α-hydro-ω-hydroxy-, polymer with 1,6-diisocyanatohexane (CAS No. 9048–90–2) and cyclohexane, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethyl-, (CAS No. 53880–05–0) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107731.

HDI/Trimethylol hexyllactone crosspolymer micro-spheres
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.44 | Hexamethylene diisocyanate (HDI)/trimethylol hexyllactone crosspolymer (1,6-diisocyanatohexane;2-ethyl-2-(hydroxymethyl)propane-1,3-diol;oxepan-2-one) (CAS No. 129757–76–2), entirely spherical micro-spheres with mean particle size of 1 to 25 µm and coated with 1 to 3 percent by weight of silica (CAS No. 7631–86–9) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107732.

HDI/PPG/Polycaprolactone crosspolymer micro-spheres
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.45 | 2-Oxepanone, polymer with 1,6-diisocyanatohexane, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and α-hydro-ω-hydroxy[poly[oxy(methyl-1,2-ethanediyl)]] ether with D-glucitol (6:1) (CAS No. 302791–95–3), entirely spherical micro-spheres with mean particle size of 3 to 25 µm (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107733.

Aromatic isocyanate prepolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.46 | Isocyanic acid, polymethylenepolyphenylene ester, polymer with 2-methyloxirane and oxirane (CAS No. 67423–05–6) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107734.

Blocked polyisocyanate containing solvent
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.47 | Phenol, 4,4′-(1-methylethylidene)bis-, polymer with 1,3-diisocyanatomethylbenzene, 1,1′-methylenebis[4-isocyanatobenzene], 2-methyloxirane and 2-methyloxirane polymer with oxirane ether with 1,2,3-propanetriol (3:1), Me Et ketone oxime-blocked (CAS No. 1334421–42–9) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107735.

Polyisocyanate adduct for powder coatings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.48 | 1,3-Bis((5-isocyanato-1,3,3-trimethylcyclohexyl)methyl)-1,3-diazetidine-2,4-dione;butane-1,4-diol (CAS No. 72828–34–3) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107736.

Blocked polyisocyanate for use in can and coil applications
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.49 | Isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane (Isophorone diisocyanante), homopolymer, methyl ethyl ketone oxime-blocked (CAS No. 103170–26–9) (provided for in subheading 3909.50.50) | Free | No change | No change | On or before 12/31/2023” |
.
107737.

Polydimethylsiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.50 | Polydimethylsiloxane (Dimethyl-bis(trimethylsilyloxy)silane) (CAS No. 63148–62–9) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107738.

Silicone resins
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.51 | Siloxanes and silicones, di-Me, polymers with Me PH silsesquioxanes (CAS No. 68440–81–3) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107739.

Methoxyfunctional methyl-phenyl polysiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.52 | Siloxanes and silicones, di-Me, polymers with PH silsesquioxanes, butoxy- and methoxy-terminated (CAS No. 104780–72–5) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107740.

Hydrogenpolysiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.53 | Dimethyl-[methyl(trimethylsilyloxy)silyl]oxy-trimethylsilyloxysilane (CAS No. 68037–59–2) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107741.

Methyl silicone resins
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.54 | Siloxanes and silicones, di-Me, polymers with Me silsesquioxanes, ethoxy-terminated (CAS No. 68554–66–5) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107742.

Epoxy functional polydimethylsiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.56 | Methoxy-methyl-[3-[3-(oxiran-2-yl)propoxy]propyl]-trimethylsilyloxysilane (CAS No. 68440–71–1) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107743.

Polymethylhydrogensiloxane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.57 | Poly(methylhydrosiloxane) (CAS No. 63148–57–2) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107744.

Vinyl terminated siloxanes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.58 | Siloxanes and silicones, di-Me, vinyl group-terminated (ethenyl-[ethenyl(dimethyl)silyl]oxy-dimethylsilane) (CAS No. 68083–19–2) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107745.

Silicone hybrid resin (solvent free)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.59 | Mixtures containing 85 percent or more by weight of silsesquioxanes, Me Ph, methoxy-terminated, polymers with epichlorohydrin, 4,4′-(1-methylethylidene)bis[cyclohexanol] and trimethyl (CAS No. 349656–42–4) and 10 percent or less by weight cyclohexanol, 4,4′-(1-methylethylidene)bis-, polymer with 2-(chloromethyl)oxirane (CAS No. 30583–72–3) (provided for in heading 3910.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107746.

Hydrogenated polycyclopentadiene resin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.60 | Hydrogenated polycyclopentadiene resin (1,3-Cyclopentadiene homopolymer, hydrogenated) (CAS No. 68132–00–3) (provided for in subheading 3911.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107747.

Water dispersable HDI based polyisocyanate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.61 | Hexane,1,6-diisocyanato-, homopolymer (CAS No. 28182–81–2) and cyclohexane,5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethyl-,homopolymer (CAS No. 53880–05–0) (provided for in subheading 3911.90.25) | Free | No change | No change | On or before 12/31/2023” |
.
107748.

Cyanate ester resins for high-end electronic, aerospace, and industrial applications
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.62 | Cyanic acid, C,C′-[(1-methylethylidene)di-4,1-phenylene] ester, homopolymer (CAS No. 25722–66–1) (provided for in subheading 3911.90.45) | Free | No change | No change | On or before 12/31/2023” |
.
107749.

Polyethyleneimine, component used in manufacturing medical devices
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.63 | Polyethylenimine (CAS No. 9002–98–6), of a kind used as a component for further manufacturing into a finished medical device (provided for in subheading 3911.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107750.

Polyhexanide
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.64 | Poly (hexamethylenebiguanide) hydrochloride (Polyhexanide) (CAS No. 32289–58–0) (provided for in subheading 3911.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107751.

Ethylene-norbornene copolymer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.65 | Poly(ethylene-ran-(2-norbornene)), substantially amorphous, having a glass transition temperature less than 145 °C (CAS No. 26007–43–2) (provided for in subheading 3911.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107752.

Cellulose powder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.66 | Cellulose entirely spherical micro-spheres, each with mean particle size of 1 to 25 µm (CAS No. 9004–34–6) (provided for in subheading 3912.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107753.

Polymaltotriose
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.67 | Poly[6)-α-D-glucopyranosyl-(1->4)-α-D-glucopyranosyl-(1->4)-α-D-glucopyranosyl-(1->] (Polymaltotriose) (CAS No. 9057–02–7) (provided for in subheading 3913.90.20) | 1.3% | No change | No change | On or before 12/31/2023” |
.
107754.

Chitosan
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.68 | Chitosan (methyl N-[(2S,3R,4R,5S,6R)-5-[(2S,3R,4R,5S,6R)-3-amino-5-[(2S,3R,4R,5S,6R)-3-amino-5-[(2S,3R,4R,5S,6R)-3-amino-5-[(2S,3R,4R,5S,6R)-3-amino-5-[(2S,3R,4R,5S,6R)-3-amino-5-[(2S,3R,4R,5S,6R)-3-amino-4,5-dihydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-4-hydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-4-hydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-4-hydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-4-hydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-4-hydroxy-6-(hydroxymethyl)oxan-2-yl]oxy-2-[(2R,3S,4R,5R,6S)-5-amino-6-[(2R,3S,4R,5R,6R)-5-amino-4,6-dihydroxy-2-(hydroxymethyl)oxan-3-yl]oxy-4-hydroxy-2-(hydroxymethyl)oxan-3-yl]oxy-4-hydroxy-6-(hydroxymethyl)oxan-3-yl]carbamate) (CAS No. 9012–76–4) (provided for in subheading 3913.90.20) | Free | No change | No change | On or before 12/31/2023” |
.
107755.

Plastic drinking straws
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.69 | Drinking straws of plastics, each measuring 8 mm or more in outside diameter and 20 cm or more in length (provided for in subheading 3917.32.00) | Free | No change | No change | On or before 12/31/2023” |
.
107756.

Garden hoses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.70 | Garden hoses of plastics, constructed with a grade 304 stainless steel interlocking spiral band outer shell, flexible polyvinyl chloride (PVC) inner hose, having aluminum fittings with rubber grips, weighing not more than 2.8 kg, the foregoing whether or not presented with nozzle (provided for in subheading 3917.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
107757.

Plastic fittings of perfluoroalkoxy
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.71 | Plastic fittings of perfluoroalkoxy (PFA), of a kind used principally with machines and apparatus for the manufacture of semiconductors and flat panel displays of heading 8486 (provided for in subheading 3917.40.00, 3926.90.99 or 3923.50.00) | Free | No change | No change | On or before 12/31/2023” |
.
107758.

Low density polyethylene (LDPE) sheeting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.72 | Low density sheeting of polyethylene, measuring in width 3,810 mm, gauge 0.15 mm and length 2,000 meters, translucent solid with waxy color as presented (provided for in subheading 3920.10.00) | 3.1% | No change | No change | On or before 12/31/2023” |
.
107759.

Biaxially oriented dielectric polypropylene film
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.73 | Biaxially oriented dielectric polypropylene film, produced from solvent-washed low ash content (less than 50 ppm) polymer resin (CAS No. 9003–07–0) (provided for in subheading 3920.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107760.

Biaxially oriented polypropylene (BOPP) capacitor-grade film
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.74 | Transparent coextruded biaxially oriented polypropylene film, capacitor-grade, presented in rolls of a width not exceeding 790 mm and of a thickness not exceeding 15 μm (provided for in subheading 3920.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107761.

Polyester capacitor-grade film
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.75 | Transparent coextruded biaxially oriented polyester film, capacitor-grade, presented in roll form, of a width not exceeding 790 mm and of a thickness not exceeding 15 μm (provided for in subheading 3920.62.00) | Free | No change | No change | On or before 12/31/2023” |
.
107762.

Acid form membranes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.76 | Membranes of short side chain (Poly(tetrafluoroethylene-co-perfluoro(3-oxa-4-pentenesulfonic acid)) (CAS No. 1163733–25–2) (provided for in subheading 3920.99.20) | 4.1% | No change | No change | On or before 12/31/2023” |
.
107763.

Melamine resin foam
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.77 | Foam of thermoset melamine resin, measuring 1,250 mm or more in width, 500 mm in height and 1,300 mm or more but not more than 3,100 mm in length, with a density not less than 4 and not more than 11 kg/m³ per EN ISO 845 specimen size 250 mm³ (provided for in subheading 3921.19.00) | 5.4% | No change | No change | On or before 12/31/2023” |
.
107764.

Infant bathtubs and basins, of plastics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.78 | Infant bathtubs and washbasins of plastics, each measuring not over 70 cm in length, 48 cm in width and 29 cm in height (provided for in subheading 3922.10.00) | 3.4% | No change | No change | On or before 12/31/2023” |
.
107765.

Boxes, cases, crates, and similar articles of plastics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.79 | Boxes, cases, crates and similar articles of plastics (provided for in subheading 3923.10.90), the foregoing specially shaped or fitted for the conveyance of lithography machines, apparatus or parts thereof for the manufacture of semiconductor devices or of electronic integrated circuits of subheading 8486.20.00 or 8486.90.00 | Free | No change | No change | On or before 12/31/2023” |
.
107766.

Nozzles, black, of polypropylene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.80 | Nozzles of polypropylene, black in color, each measuring 4.5 mm in inside diameter, with an outer diameter of 29 mm and a height of 39.2 mm (provided for in subheading 3923.10.90) | Free | No change | No change | On or before 12/31/2023” |
.
107767.

Tip/cap combinations of polyethylene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.81 | Tips of low density polyethylene, each measuring 19.1 mm in height, with outer diameter of 18.4 mm, of a capacity of 20 ml and weighing not over 0.9 g; each such tip attached to a cap of high density polyethylene, measuring 16.2 mm, with outer diameter of 18.4 mm and weighing not over 1.3 g (provided for in subheading 3923.10.90) | Free | No change | No change | On or before 12/31/2023” |
.
107768.

Bottles made of LDPE
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.82 | Bottles of low density polyethylene, each measuring 56 mm in height, having an outer diameter of 27 mm, with a bottle neck having an outer diameter of 16.2 mm, of a capacity of 20 ml, weighing not over 4 g (provided for in subheading 3923.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107769.

Plastic nasal irrigator caps for neti pots
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.83 | Nasal irrigator caps of plastics, designed for use on ceramic neti pots (provided for in subheading 3923.50.00) | Free | No change | No change | On or before 12/31/2023” |
.
107770.

Toy character bottle toppers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.84 | Three-dimensional (3D) toy character bottle toppers of plastics, each consisting of a threaded bottle cap, a straw-like sipper and a 3D children's toy character from children's movies or television programs, having a diameter of at least 32 mm (provided for in subheading 3923.50.00) | 2.8% | No change | No change | On or before 12/31/2023” |
.
107771.

Melamine platters, other than those presented in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.85 | Melamine platters, other than those presented in sets (provided for in subheading 3924.10.20) | Free | No change | No change | On or before 12/31/2023” |
.
107772.

Melamine plates, other than those presented in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.86 | Melamine plates, other than those presented in sets (provided for in subheading 3924.10.20) | 0.8% | No change | No change | On or before 12/31/2023” |
.
107773.

Melamine bowls not presented in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.87 | Melamine bowls, not presented in sets (provided for in subheading 3924.10.20) | 0.8% | No change | No change | On or before 12/31/2023” |
.
107774.

Melamine trays not presented in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.88 | Melamine trays, the foregoing other than those presented in sets (provided for in subheading 3924.10.30) | Free | No change | No change | On or before 12/31/2023” |
.
107775.

Plastic measuring cups and spoons in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.89 | Measuring cups, spoons, or combinations thereof, the foregoing of plastics, designed for table or kitchen use to measure ingredients, such goods presented in sets each containing from 4 to 12 pieces (provided for in subheading 3924.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
107776.

Liquid measuring cups
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.90 | Household kitchen measuring tools, of plastics, designed to be used for liquid ingredients, such goods with measuring size not exceeding 1 liter (provided for in subheading 3924.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
107777.

Self-anchoring beverage containers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.91 | Self-anchoring beverage containers of plastics, each with a base made from orange silicone, such base measuring no more than 60.4 mm (provided for in subheading 3924.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
107778.

PVC infant bathtub mats
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.92 | Polyvinylchloride (PVC) infant bathtub mats, whale-shaped, each with non-slip surface, drainage-allowing perforations and suction cups on the bottom surface, of a length less than 76.2 cm and not over 39.4 cm in width (provided for in subheading 3924.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107779.

Reversible playmats
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.93 | Printed, cushioned mats, each with core of polyurethane foam and outer layer of thermoplastic polyurethane film, measuring approximately 218.4 cm by 132.1 cm and 11.5 mm in thickness when unrolled (provided for in subheading 3924.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107780.

Hangers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.95 | Molded plastic hangers of a width not exceeding 6.35 mm, coated or covered with a velvet-like, textile flocking material and incorporating a metal hook (provided for in subheading 3924.90.56) | Free | No change | No change | On or before 12/31/2023” |
.
107781.

Infant bath rinsing cups
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.96 | Infant bath rinsing cups, of polypropylene plastics, each with interior fins and with a soft thermoplastic rubber lip designed to keep water from infant's forehead; not containing bisphenol A (BPA), polyvinyl chloride (PVC) and phthalate (provided for in subheading 3924.90.56) | Free | No change | No change | On or before 12/31/2023” |
.
107782.

Bathtub spout covers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.97 | Whale-shaped adjustable bathtub spout covers, of thermoplastic materials (provided for in subheading 3924.90.56) | Free | No change | No change | On or before 12/31/2023” |
.
107783.

Infant teethers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.98 | Infant teethers of silicone, each measuring not over 10 cm by 10 cm, weighing over 0.05 kg and containing a silicone-encased disk of stainless steel (provided for in subheading 3924.90.56) | Free | No change | No change | On or before 12/31/2023” |
.
107784.

Lighted dog fetch toys
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.25.99 | Molded balls of thermoplastic rubber, with encased light-emitting diode (LED) lights, each battery-operated, measuring 64 mm in diameter, with a hardness of 40 Shore A per ASTM D2240 (provided for in subheading 3924.90.56) | Free | No change | No change | On or before 12/31/2023” |
.
107785.

Certain thermoplastic nylon 3-gang switch wallplates
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.01 | Thermoplastic nylon 3-gang switch wallplates, each measuring approximately 17.14 cm by 12.4 cm (provided for in subheading 3925.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107786.

Manual plastic disposable cutlery dispensers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.02 | Dispensers designed to contain and release pieces of disposable cutlery of plastics, manually operated, each dispenser with press lever single-dispensing operation and designed to hold banded cartridges of same-branded (only) disposable cutlery, such dispensers designed to be wall mounted (provided for in subheading 3925.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107787.

Ear bulb syringes of clear silicone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.03 | Ear bulb syringes, each with tip and bulb of clear silicone and with polystyrene ring connector (provided for in subheading 3926.90.21) | Free | No change | No change | On or before 12/31/2023” |
.
107788.

PVC inflatable pillows
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.04 | Inflatable travel pillows of flexible polyvinyl chloride, the exterior of which may be flocked, each with a valve for inflation, such pillows measuring between 60 cm and 70 cm in length and 15 cm to 25 cm in width and weighing between 150 g and 190 g, the foregoing presented with an attached nylon flat cord measuring between 75 cm to 80 cm in length and 1 cm to 1.5 cm in width, and which may each have a cover of polyester (provided for in subheading 3926.90.75) | Free | No change | No change | On or before 12/31/2023” |
.
107789.

Self-inflatable queen air mattresses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.05 | Pneumatic air mattresses of polyvinyl chloride, each with a flocked surface and built-in 120 V electric pump, measuring approximately 205.7 cm by 157.5 cm by 54.6 cm, weighing 11.3 kg and valued $34 or more but not over $40 (provided for in subheading 3926.90.75) | Free | No change | No change | On or before 12/31/2023” |
.
107790.

Plastic clip fasteners
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.06 | Fasteners of nylon or of polypropylene, with a filament length of 2.5 mm or more but not over 127 mm, presented on clips each holding the quantity of 25, 50, 100 or 120 pieces, suitable for use in a mechanical attaching device (provided for in subheading 3926.90.85) | 3.6% | No change | No change | On or before 12/31/2023” |
.
107791.

Self-venting spouts for diesel exhaust fluid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.07 | Self-venting spouts or nozzles, threaded for connection to plastic containers on one end and fitted for connection to diesel exhaust fluid (DEF) tanks of diesel motor vehicles on the other, the foregoing presented without the containers (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107792.

Plastic pet carriers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.08 | Carrying cases of hard plastics, each with handle and door of plastics and with no door of metal, the foregoing designed for use for reptiles or amphibians and not for the housing or transport of mammals, measuring not over 381 mm on any side (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107793.

Plastic mixing tips
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.09 | Plastic mixing tips, each consisting of a mixer housing, mixing elements and a retaining ring, each designed for use as a disposable mixing tip for two-part chemistries in the dental industry (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107794.

Cable ties of plastics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.10 | Cable ties of nylon, measuring 20 cm or more but not more than 61 cm in length, sold in packs each containing not over 100 pieces and valued not over $1 per pack (provided for in subheading 3926.90.99) | 3.8% | No change | No change | On or before 12/31/2023” |
.
107795.

Flexible camera mountings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.11 | Camera mounts of plastics, each with an elongated, segmented plastic neck composed of 6 to 8 ball joints, incorporating a base that clips into other types of mounts, engineered to mount cameras of subheading 8525.80.40 (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107796.

Three-piece camera mount sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.12 | Sets each containing three camera mounts of plastics, such mounts designed for cameras of subheading 8525.80.40; with each set containing one mount incorporating an adjustable head-strap designed to encircle the forehead, one mount buoyant in water incorporating a handle designed to allow a user to grip with the hand and one mount in the form of a clip (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107797.

Magnetic swivel clips for cameras
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.13 | Camera mounts of plastics, designed to hold cameras of subheading 8525.80.40, each mount incorporating a clip and magnetic base, capable of rotating the camera 360 degrees on a plane (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107798.

Helmet camera mounts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.14 | Camera mounts of plastics, each designed to attach camera of subheading 8525.80.40 securely onto the front or side of a helmet (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107799.

Short extension poles for use with cameras
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.15 | Extension poles of plastics, designed for use with cameras of subheading 8525.80.40; such poles not buoyant in water, each having an adjustable length greater than 11 cm and less than 23 cm and incorporating a collapsible tripod handle (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107800.

Long extension poles for cameras
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.16 | Extension poles of plastics, designed for use with cameras of subheading 8525.80.40; such poles not buoyant in water and without folding extension arms, each pole having an adjustable length between 23 cm and 56 cm and incorporating a collapsible tripod handle (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107801.

Swivel mounts for cameras
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.17 | Camera mounts of plastics, designed to hold cameras of subheading 8525.80.40, each mount containing a ball joint and capable of swiveling the camera 360 degrees without detaching the mount (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107802.

Tripod camera mounts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.18 | Camera mounts of plastics, each designed to attach a camera of subheading 8525.80.40 securely onto a tripod (provided for in subheading 3926.90.99) | Free | No change | No change | On or before 12/31/2023” |
.
107803.

Bulk hydraulic hoses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.19 | Bulk hoses of vulcanized rubber, reinforced with metal, without fittings, designed for hydraulic use (provided for in subheading 4009.21.00) | 1.6% | No change | No change | On or before 12/31/2023” |
.
107804.

Brake hydraulic hoses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.20 | Brake hoses, with fittings, for the vehicles of subheading 8701.20 or headings 8702, 8703, 8704, 8705 or 8711, such hoses reinforced or otherwise combined only with textile materials (provided for in subheading 4009.32.00) | Free | No change | No change | On or before 12/31/2023” |
.
107805.

Bulk fabric/metal-reinforced rubber hoses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.21 | Hoses of vulcanized rubber (other than hard rubber), reinforced with both textile materials and metal, without fittings, presented in bulk and designed for hydraulic use (provided for in subheading 4009.41.00) | Free | No change | No change | On or before 12/31/2023” |
.
107806.

Disposable gloves
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.22 | Seamless disposable gloves of vulcanized rubber other than hard rubber, designed for household use, such gloves other than surgical or medical gloves (provided for in subheading 4015.19.10) | 1.5% | No change | No change | On or before 12/31/2023” |
.
107807.

Reusable gloves
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.23 | Household reusable seamless gloves, of vulcanized rubber other than hard rubber (provided for in subheading 4015.19.10) | 1.2% | No change | No change | On or before 12/31/2023” |
.
107808.

Dog and cat apparel
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.24 | Articles of pet apparel, excluding life jackets for pets and pet apparel with attached or built-in collars or harnesses; such articles put up for retail sale (provided for in subheading 4201.00.60) | 1% | No change | No change | On or before 12/31/2023” |
.
107809.

Polycarbonate vanity cases
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.25 | Hard-sided polycarbonate vanity cases with zipper closure, such cases measuring 13 cm (including hinge) in width, 18.2 cm (including top ring) in height, at least 7 cm but not over 7.6 cm deep, each case weighing 167.26 grams or more but not over 184.27 grams (provided for in subheading 4202.12.21) | Free | No change | No change | On or before 12/31/2023” |
.
107810.

Aluminum vanity cases
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.26 | Hard-sided vanity cases of aluminum, such cases with latch closure and measuring 13.8 cm in width (including hinge and latch), 18.2 cm in height (including top ring) and at least 7.5 cm but not over 7.6 cm in depth; the foregoing weighing at least 240.97 grams but not over 297.67 grams each (provided for in subheading 4202.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107811.

Suitcases with outer surface of aluminum with built-in zipper locks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.27 | Suitcases with outer surface of aluminum, with 4 wheels, at least 1 handle, with built-in zipper locks of a type compliant with standards of the Transportation Security Administration keyed for opening with a universal master tool made and patented in the United States, the first side of the locks measuring 3.73 cm or more but not over 17.78 cm, the second side of the locks measuring 1.77 cm or more but not over 7.72 cm and the third side of the locks measuring 1.06 cm or more but not over 3.97 cm (provided for in subheading 4202.19.00) | Free | No change | No change | On or before 12/31/2023” |
.
107812.

Laminated recycled reusable shopping tote bags
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.29 | Shopping tote bags made from laminated 100 percent recycled PET fabric made from recycled plastic bottles, each bag having a width of 38.1 cm and shoulder straps with a length of 59.69 cm (provided for in subheading 4202.92.31) | 12.7% | No change | No change | On or before 12/31/2023” |
.
107813.

Reusable shopping style tote bags
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.31 | Reusable shopping-style tote bags of plastic, each with handles, load capacity not over 13.61 kg and measuring at least 43.18 cm but not over 63.5 cm in width, at least 38.1 cm but not over 50.8 cm in height and 19.94 cm but not over 23.5 cm in depth (provided for in subheading 4202.92.45), the foregoing other than of woven man-made fiber fabric visibly coated on the outer surface with plastics | 6.9% | No change | No change | On or before 12/31/2023” |
.
107814.

Waterproof tote bags
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.32 | Waterproof tote bags of woven man-made fiber fabric visibly coated on the outer surface with plastics, each bag with welded seams, two or more adjustable handles, a reinforced bottom, and with a toothless plastic fully watertight zipper on both the primary compartment and the side pocket (provided for in subheading 4202.92.45) | Free | No change | No change | On or before 12/31/2023” |
.
107815.

Waterproof duffle bags
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.33 | Waterproof duffle bags of woven man-made fiber fabric visibly coated on the outer surface with plastics, each with welded seams, a toothless plastic fully watertight zipper, a reinforced bottom and a separate watertight zippered compartment at the bottom (provided for in subheading 4202.92.45) | Free | No change | No change | On or before 12/31/2023” |
.
107816.

Waterproof zippered bags, without handles, of plastic sheeting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.34 | Waterproof bags of clear thermoplastic polyurethane (TPU) film and woven man-made fiber fabric visibly coated on the outer surface with plastics, each with welded seams and incorporating a toothless plastic fully watertight zipper closure; such bags measuring not over 26.2 cm wide, 27.0 cm high and 8.2 cm deep (provided for in subheading 4202.92.45), the foregoing without handles | Free | No change | No change | On or before 12/31/2023” |
.
107817.

Waterproof backpacks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.35 | Waterproof backpacks of woven man-made fiber fabric visibly coated on the outer surface with plastics, each with welded seams, a toothless plastic fully watertight zipper and a reinforced bottom, the foregoing not presented with a detachable front pouch having its own shoulder strap (provided for in subheading 4202.92.45) | Free | No change | No change | On or before 12/31/2023” |
.
107818.

Waterproof waist packs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.36 | Waterproof waist packs of woven man-made fiber fabric visibly coated on the outer surface with plastics, each with welded seams and toothless plastic fully watertight zipper and adjustable waist strap (provided for in subheading 4202.92.45) | Free | No change | No change | On or before 12/31/2023” |
.
107819.

Guitar cases
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.37 | Guitar cases, each having a guitar-shaped (not rectangular) exterior, a polyester plush interior lining and a single carrying handle, such handle with a covering of a kind known as Tolex; the foregoing cases made from plywood covered with sheeting of plastics and incorporating 4 or 5 metal locking clasps and valued over $40 but not over $60 each (provided for in subheading 4202.92.50) | Free | No change | No change | On or before 12/31/2023” |
.
107820.

Jewelry boxes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.38 | Jewelry boxes constructed of medium density fiberboard (MDF) covered with sheeting of plastics on the outer surface, each box with an embossed design covering more than 50 percent of the exterior and incorporating one exterior window through which the jewelry can be viewed, the foregoing with compartmentalized interior sections lined with velvet (provided for in subheading 4202.92.97) | Free | No change | No change | On or before 12/31/2023” |
.
107821.

Silicone rubber camera cases with straps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.39 | Camera cases of silicone rubber, designed to hold cameras of subheading 8525.80.40, each case containing openings for the operation of the camera and an adjustable nylon strap and measuring not more than 52 mm in height, 76 mm in width and 29 mm in depth (provided for in subheading 4202.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107822.

Leather gloves with flip mitts for hunting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.40 | Full-fingered gloves, each with a palm side of leather and a back side comprising a camouflage-printed knitted fabric wholly of polyester and laminated to expanded polytetrafluoroethylene (EPTFE), such gloves with insulation comprising 40 percent by weight of synthetic microfiber and 60 percent by weight of duck down; each having a mitt sewn to the back of the glove as a flap, with leather tips for each finger and thumb designed to improve grip, such mitt designed to cover the fingers for additional warmth; the foregoing gloves designed for use in the sport of hunting (provided for in subheading 4203.21.80) | Free | No change | No change | On or before 12/31/2023” |
.
107823.

Men's leather gloves valued at $18 or more per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.41 | Men's full-fingered gloves with a palm side of leather and a backside of woven fabric comprising 89 percent or more but not over 95 percent by weight of man-made fibers and 5 percent or more but not over 11 percent by weight of elastomeric fibers, such fabric fully lined with a waterproof membrane; such gloves stuffed with synthetic microfiber for thermal insulation, with elasticized wrist and valued at $18 or more/pr; the foregoing other than gloves specially designed for use in sports (provided for in subheading 4203.29.30) | Free | No change | No change | On or before 12/31/2023” |
.
107824.

Belts of calf skin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.42 | Belts of calf skin (provided for in subheading 4303.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107825.

Bamboo engineered flooring: 12.5–12.9 mm thick
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.43 | Plywood flooring with a face ply of bamboo (Phyllostachys pubescens), such face ply measuring less than 4 mm in thickness; each flooring panel measuring at least 12.5 mm but not over 12.9 mm in thickness and at least 125.0 mm but not over 230.6 mm in width (provided for in subheading 4412.10.05) | Free | No change | No change | On or before 12/31/2023” |
.
107826.

Bamboo engineered flooring: 14.1–14.5 mm thick
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.44 | Plywood flooring with a face ply of bamboo (Phyllostachys pubescens), such face ply measuring less than 4 mm in thickness; each flooring panel measuring at least 14.1 mm but not over 14.5 mm in thickness and at least 125.0 mm but not over 230.6 mm in width (provided for in subheading 4412.10.05) | Free | No change | No change | On or before 12/31/2023” |
.
107827.

Bamboo engineered flooring: 15.7–16.1 mm thick
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.45 | Plywood flooring with a face ply of bamboo (Phyllostachys pubescens), such face ply measuring less than 4 mm; each flooring panel measuring at least 15.7 mm but not over 16.1 mm in thickness and at least 125.0 mm but not over 230.6 mm in width (provided for in subheading 4412.10.05) | Free | No change | No change | On or before 12/31/2023” |
.
107828.

Strand bamboo flooring: 12.5–12.9 mm thick
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.46 | Strand bamboo (Phyllostachys pubescens) flooring, tongued and grooved, continuously shaped along any of its ends, surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply, such flooring measuring at least 12.5 mm but not over 12.9 mm in thickness and at least 126.8 mm but not over 127.2 mm in width (provided for in subheading 4418.91.90) | Free | No change | No change | On or before 12/31/2023” |
.
107829.

Strand bamboo flooring: 14.1–14.5 mm thick
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.47 | Strand bamboo (Phyllostachys pubescens) flooring, tongued and grooved, continuously shaped along any of its ends, surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply, such flooring measuring at least 14.1 mm but not over 14.5 mm in thickness and at least 126.8 mm but not over 127.2 mm in width (provided for in subheading 4418.91.90) | Free | No change | No change | On or before 12/31/2023” |
.
107830.

Strand bamboo flooring: 10.9–11.3 mm thick
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.48 | Strand bamboo (Phyllostachys pubescens) flooring, tongued and grooved, continuously shaped along any of its ends, surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply, such flooring measuring at least 10.9 mm but not over 11.3 mm in thickness and at least 126.8 mm but not over 127.2 mm in width (provided for in subheading 4418.91.90) | Free | No change | No change | On or before 12/31/2023” |
.
107831.

Chopsticks made of bamboo
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.49 | Bamboo chopsticks (provided for in subheading 4419.12.00) | 0.7% | No change | No change | On or before 12/31/2023” |
.
107832.

Drying racks of wood
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.50 | Drying racks of wood designed to mount on the wall and fold up accordion style, the foregoing used for drying delicate clothing (provided for in subheading 4420.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
107833.

Bamboo skewers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.51 | Skewers or sticks made of bamboo, the foregoing not over 31 cm in length (provided for in subheading 4421.91.60) | Free | No change | No change | On or before 12/31/2023” |
.
107834.

Wood blinds with louvered slats
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.52 | Wood blinds with louvered boards (provided for in subheading 4421.99.40) | Free | No change | No change | On or before 12/31/2023” |
.
107835.

100 percent cotton woven crimped unbleached fabric
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.53 | Woven fabrics wholly of cotton, unbleached, crimped, with yarn number between 43 and 68, presented folded into 3 layers, measuring less than 84 cm wide before folding and less than 28 cm wide after folding; weighing less than 25 g/m^2 before folding and less than 75 g/m^2 after folding (measuring 3 layers at once); piece length less than 76 cm; put up layered on rolls of up to 200 pieces per roll, with edges not attached in any way, such fabric easily unfolded (provided for in subheading 5208.11.40) | Free | No change | No change | On or before 12/31/2023” |
.
107836.

Woven fabrics of cotton, containing 85 percent or more by weight of cotton, not more than 200 grams per square meter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.54 | Woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m^2, unbleached, satin weave or twill weave, 256 cm or greater in width; such fabrics having a thread count exceeding 200 or an average yarn number exceeding 68 (provided for in subheading 5208.19.20) | Free | No change | No change | On or before 12/31/2023” |
.
107837.

100 percent cotton woven bleached fabric pieces, open weave
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.56 | Fabrics wholly of cotton, bleached, open weave, average yarn number between 43 and 68 metric, weighing less than 60 g/m^2; presented folded in layers ranging in number from 2 to 16 layers, in pieces on rolls or stacked in a box, or on bolts, or continuous length on large rolls; measuring 89 cm to 92 cm in width before folding, folded widths between 22 cm and 42 cm in width, lengths vary depending upon packaging but ranging from 22 cm to 950 m (provided for in subheading 5208.21.40) | Free | No change | No change | On or before 12/31/2023” |
.
107838.

Incontinence underpad fabrics of cotton
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.57 | Woven fabrics wholly of cotton, bleached, twill weave, of single ply yarns, weighing between 132 and 140 g/m^2, measuring 182 to 194 cm in width, with 286 and 304 decitex in the warp and between 358 and 380 decitex in the filling, with 25 to 27 yarns per cm in the warp and 16 to 18 yarns per cm in the filling (provided for in subheading 5208.29.20) | Free | No change | No change | On or before 12/31/2023” |
.
107839.

Woven fabrics of cotton with an average yarn number between 55 and 60
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.58 | Woven fabrics of cotton, containing over 50 percent but less than 85 percent by weight of cotton, mixed mainly with man-made fibers, weighing not more than 200 g/m^2, unbleached, plain weave, in widths of 305 cm or greater; such fabrics having an average yarn number exceeding 55 but not exceeding 60 (provided for in subheading 5210.11.60) | Free | No change | No change | On or before 12/31/2023” |
.
107840.

Woven fabric of cotton of yarn number 69 or higher
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.59 | Woven fabrics of cotton, containing over 50 percent but less than 85 percent by weight of cotton, mixed mainly with man-made fibers, weighing not more than 200 g/m^2, unbleached, plain weave, of yarn number 69 or higher number, in widths of 226 cm or greater (provided for in subheading 5210.11.80) | Free | No change | No change | On or before 12/31/2023” |
.
107841.

Woven fabrics of cotton with an average yarn number exceeding 68
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.60 | Woven fabric of cotton, containing over 50 percent but less than 85 percent by weight of cotton, mixed solely with man-made fibers, weighing not more than 200 g/m^2, unbleached, satin weave or twill weave, other than 3-thread or 4-thread twill or cross twill, in widths of 226 cm or greater; such fabrics having an average yarn number exceeding 68 (provided for in subheading 5210.19.20) | Free | No change | No change | On or before 12/31/2023” |
.
107842.

Incontinence underpad fabrics, cotton, plain weave, of yarn number 42 or lower
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.61 | Woven fabrics of cotton, of yarn number 42 or lower, containing by weight 77 percent to 83 percent of cotton and 17 percent to 23 percent of polyester, bleached, plain weave, weighing 165 to 175 g/m^2, measuring 182 to 194 cm in width, constructed with single ply yarns with 239 to 253 decitex in the warp and with two ply yarns of 573 to 609 decitex in the filling, 19 to 21 yarns per cm in the warp and 9 to 11 single yarns per cm in the filling (provided for in subheading 5210.21.40) | Free | No change | No change | On or before 12/31/2023” |
.
107843.

Incontinence underpad fabrics, cotton, plain weave, of yarn number between 43 and 68
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.62 | Woven fabrics of cotton, of yarn numbers 43 to 68, such fabrics containing by weight 51 percent to 55 percent of cotton and 45 percent to 49 percent of polyester, bleached, plain weave of single ply yarns, weighing 99 to 105 g/m^2, measuring 182 to 194 cm in width, with 184 to 196 decitex in the warp and filling, 29 to 31 yarns per cm in the warp and 19 to 21 yarns per cm in the filling (provided for in subheading 5210.21.60) | Free | No change | No change | On or before 12/31/2023” |
.
107844.

Incontinence underpad fabrics, bleached
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.63 | Woven fabrics of cotton, 3-thread or 4-thread twill, containing by weight 51 percent to 55 percent of cotton and 45 percent to 49 percent of polyester, bleached, of single ply yarns, weighing 132 to 140 g/m^2, measuring 182 to 194 cm in width, with 162 to 172 decitex in the warp and 358 to 380 decitex in the filling, 29 to 31 yarns per cm in the warp and 21 to 23 yarns per cm in the filling (provided for in subheading 5210.29.10) | Free | No change | No change | On or before 12/31/2023” |
.
107845.

Incontinence underpad fabrics, printed
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.64 | Woven fabrics of cotton, 3-thread or 4-thread twill, containing by weight 51 percent to 55 percent of cotton and 45 percent to 49 percent of polyester, printed, made from single ply yarns, weighing 132 to 140 g/m^2, measuring 182 to 194 cm in width, with 162 to 172 decitex in the warp and 358 to 380 decitex in the filling, 29 to 31 yarns per cm the warp and 21 to 23 yarns per cm in the filling (provided for in subheading 5210.59.10) | Free | No change | No change | On or before 12/31/2023” |
.
107846.

Untwisted filament polyvinyl alcohol yarn, measuring 1,100 to 1,330 decitex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.65 | Synthetic (polyvinyl alcohol) filament yarn, untwisted, measuring from 1,100 to 1,330 decitex and consisting of 200 filaments (provided for in subheading 5402.49.91) | Free | No change | No change | On or before 12/31/2023” |
.
107847.

Untwisted filament polyvinyl alcohol yarn
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.66 | Synthetic (polyvinyl alcohol) filament yarn, untwisted, measuring 1,330 to 2,070 decitex and consisting of between 600 and 1000 filaments (provided for in subheading 5402.49.91) | 0.5% | No change | No change | On or before 12/31/2023” |
.
107848.

Polypropylene (PP) monofilament
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.67 | Synthetic monofilament of polypropylene, of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm (provided for in subheading 5404.12.90) | Free | No change | No change | On or before 12/31/2023” |
.
107849.

Acrylic fiber tow with an average decitex of 0.9
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.68 | Acrylic filament tow containing at least 85 percent but not more than 94 percent by weight of acrylonitrile units and 1 percent or more but not over 4 percent of water, raw white (undyed), crimped, with an average decitex of 0.9 (plus or minus 10 percent) and an aggregate filament measure in the tow bundle between 660,000 and 1,300,000 decitex, with a length greater than 2 m (provided for in subheading 5501.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107850.

Black polyester bi-component fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.71 | Synthetic staple fibers, not carded, combed or otherwise processed for spinning, the foregoing comprising black polyester bi-component fibers measuring between 4.4 and 6.7 decitex and with fiber length between 50 and 51 mm; having an outer copolymer sheath that melts at a lower temperature than the core; the foregoing of a kind used for bonding fibers together (provided for in subheading 5503.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
107851.

Acrylic staple fibers with an average decitex of 2.2, fiber length of 100 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.72 | Acrylic staple fibers containing at least 85 percent by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, raw white (undyed), crimped, with an average decitex of 2.2 (plus or minus 10 percent) and fiber length of 100 mm (plus or minus 10 percent) (provided for in subheading 5503.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107852.

Modacrylic staple fibers not processed for spinning
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.73 | Modacrylic staple fibers containing 35 percent or more but not over 85 percent by weight of acrylonitrile units and 1 percent or more but not over 3 percent of water, pigmented, crimped, with an average decitex between 1.9 and 3.3 (plus or minus 10 percent) and a fiber length between 45 and 51 mm (plus or minus 10 percent) (provided for in subheading 5503.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107853.

Short polypropylene fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.74 | Polypropylene fibers, 6.66 decitex, with a fiber length of 0.5 mm (provided for in subheading 5503.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
107854.

Polyoxadiazole fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.75 | Synthetic staple fibers of polyoxadiazole, not carded, combed or otherwise processed for spinning, measuring between 1 and 2 decitex and with fiber length between 38 mm and 51 mm (provided for in subheading 5503.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107855.

Artificial staple fibers of viscose rayon, 38–42 mm in length
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.76 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, each measuring 1.5 or more but not over 1.8 decitex and having a fiber length measuring 38 mm or more but not over 42 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107856.

Artificial fibers of viscose rayon for the manufacture of feminine hygiene products
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.77 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, each measuring 2.9 or more but not over 3.7 decitex and having a fiber length measuring 28 mm, the foregoing suitable for use in producing goods of heading 9619 (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107857.

Flame retardant rayon fibers, measuring 4.78 decitex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.78 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, containing 28 percent or more but not over 33 percent by weight of silica, measuring 4.78 decitex in lengths of 60 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107858.

Flame retardant rayon fibers, measuring 4.55 decitex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.79 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, containing 28 percent or more but not over 33 percent by weight of silica measuring 4.55 decitex in lengths of 60 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107859.

Flame retardant rayon fibers, measuring 4.4 decitex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.80 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, each containing 28 percent or more but not over 33 percent by weight of silica, measuring 4.4 decitex and 60 mm in length (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107860.

Other flame retardant rayon fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.81 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning and containing 28 percent or more but not over 33 percent by weight of silica (provided for in subheading 5504.10.00); the foregoing other than fibers measuring 2.2 decitex in lengths of 38 mm, measuring 4.7 decitex in lengths of 51 mm or measuring 3.3, 4.4, 4.55, 4.7, 4.78 or 5.0 decitex in lengths of 60 mm | Free | No change | No change | On or before 12/31/2023” |
.
107861.

Cellulosic man-made viscose rayon staple fibers, measuring 1.3–1.5 decitex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.82 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring 1.3 decitex but not over 1.5 decitex and having a fiber length each measuring 20 mm or more but not over 150 mm (provided for in subheading 5504.10.00), the foregoing other than fibers with a length of 38 mm or more but not over 42 mm | Free | No change | No change | On or before 12/31/2023” |
.
107862.

Viscose rayon staple fibers, measuring 1.5–1.67 decitex, with a fiber length of 38–42 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.83 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, each measuring greater than 1.5 decitex but not over 1.67 decitex and having a fiber length measuring 20 mm or more but not over 150 mm (provided for in subheading 5504.10.00), the foregoing other than fibers with a length of 38 mm or more but not over 42 mm | Free | No change | No change | On or before 12/31/2023” |
.
107863.

Cellulosic man-made viscose rayon staple fibers, measuring 1.67–2 decitex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.84 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring greater than 1.67 decitex but not over 2 decitex and having a fiber length each measuring 20 mm or more but not over 150 mm (provided for in subheading 5504.10.00), the foregoing other than fibers with a length of 38 mm or more but not over 42 mm | 0.6% | No change | No change | On or before 12/31/2023” |
.
107864.

Viscose rayon staple fibers, measuring 1–2 decitex, with a fiber length of 4–8 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.85 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring 1 decitex or more but not over 2 decitex and having a fiber length each measuring 4 mm or more but less than 8 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107865.

Viscose staple fibers used in textile, medical, or hygiene applications
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.86 | Staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring over 2 decitex but not over 3.3 decitex and having a fiber length each measuring over 55 mm or more but not over 60 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107866.

Viscose rayon staple fibers, measuring 1.51–2 decitex, with a fiber length of 8–16 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.87 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring 1.51 decitex or more but not over 2.0 decitex and having a fiber length each measuring 8 mm or more but not over 16 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107867.

Viscose rayon staple fibers, measuring 1–1.5 decitex, with a fiber length of 8–16 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.88 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring 1 decitex or more but not over 1.5 decitex and having a fiber length each measuring 8 mm or more but not over 16 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107868.

Flame retardant viscose rayon staple fibers, with a decitex of 4.7 mm and a fiber length of 51–60 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.89 | Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, each measuring 4.7 decitex (plus or minus 10 percent) and having a fiber length measuring 51 mm but not over 60 mm (provided for in subheading 5504.10.00), the foregoing other than fibers containing 28 percent or more but not over 33 percent by weight of silica, measuring 4.7 decitex and 60 mm in length | Free | No change | No change | On or before 12/31/2023” |
.
107869.

Viscose rayon staple fibers for nonwoven production
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.90 | Staple fibers of viscose rayon, with decitex ranging from either 0.5 decitex to less than 0.9 decitex or greater than 2 decitex to 3.5 decitex, the foregoing with a fiber length of 25 mm to 55 mm (provided for in subheading 5504.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107870.

Black viscose rayon staple fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.91 | Artificial staple fibers, not carded, combed or otherwise processed for spinning, each black in color, having a decitex of 1.7 but not over 2, with cut length measuring 30 mm but not over 80 mm (provided for in subheading 5504.10.00), the foregoing other than fibers of 1.7 decitex or more but not over 1.8 decitex, with fiber length measuring 38 mm or more but not over 42 mm | Free | No change | No change | On or before 12/31/2023” |
.
107871.

Acrylic or modacrylic staple fibers with a decitex of 3–5.6
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.92 | Acrylic or modacrylic staple fibers, carded, combed or otherwise processed for spinning, containing by weight 92 percent or more of polyacrylonitrile, not more than 0.1 percent of zinc and 2 percent or more but not over 8 percent of water, undyed, with an average decitex of 3 to 5.6 (provided for in subheading 5506.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
107872.

Made up hand-cast string-drawn fishing nets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.93 | Made up hand-cast string-drawn fishing nets, of nylon monofilament, each with attached string or rope, incorporating a neoprene cuff and attachment for user’s waistband belt (provided for in subheading 5608.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
107873.

Knitted carpets containing 75 percent or more of cotton, with a rubber backing
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.94 | Carpets and other textile floor coverings, knitted, made up, containing 75 percent or more by weight of cotton fibers, each with a rubber backing (provided for in subheading 5705.00.20) | Free | No change | No change | On or before 12/31/2023” |
.
107874.

Knitted carpets containing 75 percent or more by weight of polyester, with a rubber backing
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.95 | Whether or not made up knitted carpets and other textile floor coverings, made up, containing 75 percent or more by weight of polyester fibers, each with a rubber backing (provided for in subheading 5705.00.20) | Free | No change | No change | On or before 12/31/2023” |
.
107875.

Faux leather fabrics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.96 | Fabrics of “faux leather”, polyurethane-coated, of man-made fibers, containing by weight 50 percent or more but not over 62 percent of polyurethane, 36 percent or more but not over 45 percent of man-made fibers and 2 percent or more but not over 5 percent of elastomeric fibers, for use in women's apparel, weighing 330 to 360 g/m^2, measuring 132 cm to 137 cm in width (provided for in subheading 5903.20.25) | Free | No change | No change | On or before 12/31/2023” |
.
107876.

Grass catcher bags
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.97 | Grass catcher bags of man-made fiber fabric, used primarily with push lawn mowers, riding lawn mowers and chipper/shredder/vacuums (provided for in subheading 5911.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
107877.

Oxygenation membrane capillary material
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.98 | Knitted or crocheted fabrics of polymethylpentene (PMP) oxygenation membrane capillary fibers, such fabrics consisting of PMP tubes arranged and secured in a knitted fabric of PMP (provided for in subheading 6003.30.60) | Free | No change | No change | On or before 12/31/2023” |
.
107878.

Textile knitted fabrics composed of micromodal and elastane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.26.99 | Knitted fabrics containing by weight 66 to 79 percent micromodal and 21 to 34 percent elastane, measuring over 30 cm in width, weighing 155 to 220 g/m^2, knitted with fine machine gauges of 44 to 50 (provided for in subheading 6004.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107879.

Textile technical knitted fabrics combining technical cotton and elastane
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.01 | Technical knitted fabrics containing by weight 71 percent technical cotton and 29 percent elastane, measuring 170 to 180 cm in width, weighing 160 to 200 g/m^2, valued at $14.50 or more per linear meter (provided for in subheading 6004.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107880.

Textile knit fabrics of modal, cashmere, and spandex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.02 | Textile knitted fabric containing by weight 78 percent modal, 14 percent cashmere and 8 percent spandex, weighing 75 to 85 grams per square meter, with cuttable width of 130 to 140 cm, valued at not less than $17 per linear meter as presented (provided for in subheading 6006.43.00) | Free | No change | No change | On or before 12/31/2023” |
.
107881.

Women’s and girls' dresses, knitted or crocheted, of synthetic fibers infused with minerals
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.05 | Women’s and girls' dresses, knitted or crocheted, of synthetic fibers infused with minerals including silicon dioxide, titanium dioxide or aluminum oxide ground to a size not greater than 1 micron, such dresses specially designed for the sport of competitive cheerleading (provided for in subheading 6104.43.20) | Free | No change | No change | On or before 12/31/2023” |
.
107882.

Women’s and girls' skirts and divided skirts of synthetic fibers infused with minerals
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.06 | Women’s and girls' skirts and divided skirts of synthetic fibers infused with minerals including silicon dioxide, titanium dioxide or aluminum oxide ground to a size not greater than 1 micron, such skirts or divided skirts specially designed for the sport of competitive cheerleading (provided for in subheading 6104.53.20) | Free | No change | No change | On or before 12/31/2023” |
.
107883.

Women's and girls' knit cardigans or pullovers containing 70 percent or more of silk
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.09 | Women's or girls' knitted or crocheted pullovers and cardigans, containing 70 percent or more by weight of silk or silk waste, each with more than 9 stitches/2 cm, measured in the direction the stitches were formed, and an average of less than 10 stitches/linear cm in each direction counted on an area measuring at least 10 cm by 10 cm, such apparel articles that reach the waist (provided for in subheading 6110.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
107884.

Men's and boys' knit cardigans or pullovers of linen
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.10 | Men's or boys' knitted or crocheted pullovers and cardigans, of linen, each with more than 9 stitches/2 cm, measured in the direction the stitches were formed, and an average of less than 10 stitches/linear cm in each direction counted on an area measuring at least 10 cm by 10 cm, such apparel articles that reach the waist (provided for in subheading 6110.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107885.

Babies' knit sweaters, pullovers, sweatshirts, waistcoats (vests), and cardigans, of artificial fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.11 | Babies' knitted or crocheted sweaters, pullovers, sweatshirts, waistcoats (vests) and cardigans, the foregoing of artificial fibers and other than those imported as parts of sets (provided for in subheading 6111.90.40) | Free | No change | No change | On or before 12/31/2023” |
.
107886.

Women’s and girls' tops, knitted or crocheted, of man-made fibers infused with minerals
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.15 | Women’s and girls' tops, knitted or crocheted, of man-made fibers infused with minerals including silicon dioxide, titanium dioxide or aluminum oxide ground to a size not greater than 1 micron, such tops specially designed for the sport of competitive cheerleading (provided for in subheading 6114.30.10) | Free | No change | No change | On or before 12/31/2023” |
.
107887.

Men’s and boy’s tops, knitted or crocheted, of man-made fibers infused with minerals
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.16 | Men’s and boy’s tops, knitted or crocheted, of man-made fibers infused with minerals including silicon dioxide, titanium dioxide or aluminum oxide ground to a size not greater than 1 micron, such tops specially designed for the sport of competitive cheerleading (provided for in subheading 6114.30.10) | Free | No change | No change | On or before 12/31/2023” |
.
107888.

Men's 3 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.17 | Men’s full-body wetsuits, each made from three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knit pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring no more than 3.4 mm in thickness in the torso, such wetsuits valued $97 or more but not over $130 each (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107889.

Men's 5.5 and 6.5 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.18 | Men’s full-body wetsuits, each made from three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knit pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring 5.1 mm or more but not over 7 mm in thickness in the torso, such wetsuits valued $120 or more but not over $175 each (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107890.

Men's 3.5 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.19 | Men’s full-body wetsuits, made from three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knitted pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring 3.5 mm or more but not over 4 mm in thickness in the torso, such wetsuits each valued at $102 or more but not over $150 (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107891.

Men's 4.5 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.20 | Men’s full-body wetsuits, each made from a three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knitted pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of a knitted inner of polyester and outer layers with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring 4.1 mm or more but not over 5 mm in thickness in the torso, such wetsuits valued $105 or more but not over $160 each (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107892.

Women's 3 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.21 | Women’s full-body wetsuits, each made from three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knit pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring no more than 3.4 mm in thickness in the torso, such wetsuits valued $97 or more but not over $130 each (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107893.

Women's 3.5 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.22 | Women’s full-body wetsuits, made from three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knitted pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring 3.5 mm or more but not over 4 mm in thickness in the torso, such wetsuits each valued $102 or more but not over $150 (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107894.

Women's 4.5 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.23 | Women’s full-body wetsuits, each made from three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a fleece knitted pile inner layer of polyester and spandex with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs, measuring 4.1 mm or more but not over 5 mm in thickness in the torso, such wetsuits valued $105 or more but not over $160 each (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107895.

Women's 5.5 and 6.5 mm wetsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.24 | Women’s full-body wetsuits, of three-layer fabric composed of a knitted outer layer of polyester and spandex bonded to a polyester and spandex fleece knitted pile inner layer with a center core of expanded rubber for its body, and a three-layer fabric composed of knitted inner and outer layers of polyester with a center core of expanded rubber for its sleeves, shoulders and lower legs with material measuring 5.1 mm or more but not over 7 mm in thickness in the torso, such wetsuits valued $120 or more but not over $175 each (provided for in subheading 6114.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
107896.

Insulated handmuffs of knit polyester
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.25 | Hand muffs of knitted fabrics of polyester laminated with plastics, such muffs stuffed with synthetic microfiber for thermal insulation, each with side openings having elastic closures, with one exterior pocket with zipper closure and weighing not more than 500 g (provided for in subheading 6117.80.95) | Free | No change | No change | On or before 12/31/2023” |
.
107897.

Men's stockingfoot wader bottom subassemblies, of compressed neoprene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.26 | Men’s stockingfoot wader bottom subassemblies, constructed from neoprene (originally measuring 6 mm to 8 mm in thickness) compressed to 4 mm in thickness, laminated on both sides with a knitted nylon fabric, whose height exceeds 20.5 cm; each such stockingfoot formed anatomically (provided for in subheading 6117.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107898.

Men's stockingfoot wader bottom subassemblies, of non-compressed neoprene
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.27 | Men’s stockingfoot wader bottom subassemblies, made from non-compressed neoprene having a thickness of 4 mm, laminated on both sides with a knitted nylon fabric, height exceeding 20.5 cm; each such stockingfoot formed anatomically (provided for in subheading 6117.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107899.

Fishing wader pocket pouch assemblies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.28 | Pocket pouches, each with outer shell of woven textile fabric visibly coated with rubber or plastics and laminated to an inner layer of knitted fabric, with a zippered cargo pocket and other pockets designed to organize tippets and leaders and with dual entry zippers; the foregoing designed to be affixed to a fishing wader and not put up for individual retail sale (provided for in subheading 6117.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107900.

Martial arts uniforms
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.40 | Women’s and girls' judo, karate and other oriental martial arts uniforms of cotton, presented as ensembles each consisting of a top and a bottom, with or without an accompanying belt (provided for in subheading 6204.22.10) | Free | No change | No change | On or before 12/31/2023” |
.
107901.

Women's or girls' linen woven blouses, shirts and shirt-blouses, and sleeveless tank styles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.48 | Women's or girls' woven blouses, shirts and shirt-blouses and sleeveless tank styles, the foregoing of linen and extending from the neck area to or below the waist, with or without sleeves, with full or partial opening or no opening, with pockets below the waist or tightening at the bottom (provided for in subheading 6211.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107902.

Women's or girls' linen woven washsuits, sunsuits, or one-piece playsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.49 | Women's or girls' woven washsuits, sunsuits and one-piece playsuits, of linen (provided for in subheading 6211.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107903.

Women's or girls' linen woven coveralls or jumpsuits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.50 | Women's or girls' woven coveralls or jumpsuits, of linen (provided for in subheading 6211.49.80) | Free | No change | No change | On or before 12/31/2023” |
.
107904.

Women's shawls and similar goods, 100 percent silk
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.51 | Women's shawls, scarves and similar goods, wholly of silk, valued less than $7 each (provided for in subheading 6214.10.10) | Free | No change | No change | On or before 12/31/2023” |
.
107905.

Winter cycling gloves
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.52 | Winter cycling gloves, each with woven outer shell of man-made fibers and a merino wool lining (provided for in subheading 6216.00.46) | Free | No change | No change | On or before 12/31/2023” |
.
107906.

Lock pocket tents
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.59 | Dome-shaped tents of woven fabric of polyester, each tent with attached polyethylene floor and fiberglass poles permanently attached to the rear bottom corners of the tent by means of polyvinyl chloride end connectors sewn into webbing straps, with the opposite ends having polyvinyl chloride ball-shaped caps that insert into mesh fabric pockets 10.7 cm to 12.1 cm long at the front bottom corners of the tent and attach to the tent at intervals via webbing straps with fitted plastic clips, the foregoing tents each valued at $19 or higher (provided for in subheading 6306.22.90) | Free | No change | No change | On or before 12/31/2023” |
.
107907.

Dark room tents
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.60 | Tents of woven fabric of polyester, with light-blocking dark pigment coating, such tents with attached polyethylene floor, measuring 144.7 cm by 213.3 cm or more but not over 426.8 cm by 304.8 cm, with a center height of at least 142.2 cm but not over 201 cm, each such tent valued at $30 or higher (provided for in subheading 6306.22.90) | Free | No change | No change | On or before 12/31/2023” |
.
107908.

Bi-component microfiber tube mop refills
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.62 | Replacement mop heads, constructed from circular knit bi-component microfiber fabric tubes containing by weight 65 to 90 percent of polyester and 10 to 35 percent of nylon, sewn together with raw edges enclosed, valued at least $2 but no more than $4 each (provided for in subheading 6307.10.20) | Free | No change | No change | On or before 12/31/2023” |
.
107909.

Microfiber duster refills
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.63 | Duster refill pads made from knitted high pile microfiber fabric containing by weight 60 percent to 90 percent of polyester and 10 percent to 40 percent of nylon, valued less than $1.80 each (provided for in subheading 6307.10.20) | Free | No change | No change | On or before 12/31/2023” |
.
107910.

RFID mop pads
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.64 | Finished mop pads made from warp knit fabric containing by weight 60 percent to 90 percent of polyester and 10 percent to 40 percent of nylon, weighing at least 300 g/m^2 but no more than 700 g/m^2, such mop pads each having an RFID chip permanently stitched inside them (provided for in subheading 6307.10.20) | Free | No change | No change | On or before 12/31/2023” |
.
107911.

Microfiber cleaning cloths
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.65 | Microfiber cloths made from warp knit fabric containing by weight 60 percent to 90 percent of polyester and 10 percent to 40 percent of nylon, weighing at least 190 g/m^2 but no more than 360 g/m^2, such cloths having edges finished with an overcast stitch, valued at least $0.06 but not more than $0.90 each (provided for in subheading 6307.10.20) | 4% | No change | No change | On or before 12/31/2023” |
.
107912.

Microfiber mop pads
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.66 | Finished mop pads made from warp knit microfiber fabric containing by weight 60 percent to 90 percent of polyester and 10 percent to 40 percent of nylon, each weighing at least 300 g/m^2 but no more than 700 g/m^2 and valued at least $0.40 but no more than $4.90 (provided for in subheading 6307.10.20) | 2% | No change | No change | On or before 12/31/2023” |
.
107913.

Golf bag body flats
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.70 | Golf bag bodies made of woven fabric of man-made textile materials, sewn together with pockets, each presented with golf bag rain hood, sling, webbing clips and top and bottom collars (provided for in subheading 6307.90.98), the foregoing presented either without bottoms or with bottoms not attached to such bodies | 1.2% | No change | No change | On or before 12/31/2023” |
.
107914.

Bathtub elbow rests
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.71 | Elbow pads of textile materials, with faux neoprene shell and foam inner layer, with non-slip backing with suction cups to attach to the bath tub, containing no bisphenol-A (BPA) or phthalates, measuring approximately 40 cm in length by 10.2 cm in width by 15.9 cm in height (provided for in subheading 6307.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107915.

Door swings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.72 | Door swings, each comprising two straps wholly of polypropylene and measuring approximately 1.52 m in length, such straps each having two cuffs wholly of velour, an acrylic bar with end caps wholly of polyurethane and two adjustable buckles wholly of polyoxymethylene (provided for in subheading 6307.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107916.

Under bed restraints
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.73 | Sets of bed restraints designed to restrain a bed's occupant, each comprising four straps wholly of polypropylene and measuring approximately 1.37 m in length, such straps each connected by one large O-ring wholly of iron and having one small O-ring; each restraint with 4 cuffs wholly of velour; such cuffs each with one small O-ring wholly of iron attached to a carabiner hook wholly of zinc alloy and with two buckles wholly of polyoxymethylene, with a hook-and-loop fastener strap wholly of polyester (provided for in subheading 6307.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107917.

Bath kneeler
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.76 | Knee pads of man-made fiber neoprene fabric, containing no bisphenol A (BPA) or phthalates, measuring approximately 43.2 cm in length by 28 cm in width by 3.3 cm in height (provided for in subheading 6307.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107918.

Two-piece camera mount kits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.78 | Two-piece camera mount kits of textile materials, presented in sets, designed for cameras of subheading 8525.80.40; each set containing one chest harness of textile materials and one plastic mount designed to securely attach a camera onto tubes measuring 9 to 35 mm in diameter and incorporating a base capable of rotating the camera 360 degrees (provided for in subheading 6307.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107919.

Sleeve covers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.79 | Sleeve covers of non-woven fabric of man-made fibers (provided for in subheading 6307.90.98) | Free | No change | No change | On or before 12/31/2023” |
.
107920.

Men’s cycling shoes valued over $18 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.82 | Cycling shoes with outer soles and uppers of rubber or plastics, valued over $18/pr, for men, the foregoing having a cleat mounting system on the sole for attaching to bicycle pedals (provided for in subheading 6402.19.90), the foregoing other than winter cycling boots | 4.6% | No change | No change | On or before 12/31/2023” |
.
107921.

Women’s cycling shoes valued over $16 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.83 | Cycling shoes with outer soles and uppers of rubber or plastics, valued over $16/pr, for women, having a cleat mounting system on the sole for attaching to bicycle pedals (provided for in subheading 6402.19.90); the foregoing other than winter cycling boots for women | Free | No change | No change | On or before 12/31/2023” |
.
107922.

Men's golf shoes with outers and uppers of rubber or plastics, valued over $20 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.84 | Golf shoes with outer soles and uppers of rubber or plastics, for men, such shoes whether designed to be worn on-course, off-course or both, the foregoing with spikes, sprigs, cleats, stops, clips, bars or the like intended to enhance traction and grip, valued over $20/pr (provided for in subheading 6402.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107923.

Golf shoes other than for men, with outers and uppers of rubber or plastics, valued over $20 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.85 | Golf shoes with outer soles and uppers of rubber or plastics, whether designed to be worn on- or off-course, the foregoing with spikes, sprigs, cleats, stops, clips, bars or the like intended to enhance traction and grip, valued over $20/pr, for persons other than men (provided for in subheading 6402.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107924.

Winter cycling boots for men
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.86 | Winter cycling boots for men, designed to be compatible with flat or clipless pedals, the foregoing with or without removeable liner, with boa closure system and lugged rubber outsole with microglass inserts (provided for in subheading 6402.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107925.

Winter cycling boots for women
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.87 | Winter cycling boots with outer soles and uppers of rubber or plastics, for women, designed to be compatible with flat or clipless pedals, with or without removeable liner, the foregoing with boa closure system and lugged rubber outsole with microglass inserts (provided for in subheading 6402.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107926.

Children's footwear valued over $15 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.92 | Footwear for persons other than men or women, with outer soles and uppers of rubber or plastics (other than footwear described in subheading note 1 to chapter 64), that is designed for outdoor activities, such as hiking shoes, trekking shoes, running shoes and trail running shoes, which provides protection against water that is imparted by the use of a laminated textile fabric, valued over $15/pr (provided for in subheading 6402.91.50); the foregoing, if valued over $18/pr, without openings in the bottom and/or side of the sole, or covered openings in the upper above the sole unit, or a combination thereof, designed to permit moisture vapor transport from under the foot | Free | No change | No change | On or before 12/31/2023” |
.
107927.

Women's protective active footwear, valued over $25 per pair, 15.35–25.4 cm in height
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.93 | Footwear for women, with outer soles and uppers of rubber or plastics (other than footwear described in subheading note 1 to chapter 64), that is designed for outdoor activities, such as hiking shoes, trekking shoes, running shoes and trail running shoes, valued over $25/pr, which provides protection against water that is imparted by the use of a laminated textile fabric, with or without insulation, whose height from the bottom is at least 15.35 cm and does not exceed 25.4 cm (provided for in subheading 6402.91.50); the foregoing, if valued over $27/pr, has openings in the bottom and/or side of the sole, or covered openings in the upper above the sole unit, or a combination thereof, designed to permit moisture vapor transport from under the foot | 17.4% | No change | No change | On or before 12/31/2023” |
.
107928.

Cheer shoes covering the ankle
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.95 | Women’s footwear with outer soles and uppers of rubber or plastics; such outer soles measuring not over 14 mm in thickness, such footwear covering the ankle, with a welded thermoplastic polyurethane external ankle brace in each shoe, valued over $12/pr and weighing not more than 0.5 kg/pr (provided for in subheading 6402.91.90) | Free | No change | No change | On or before 12/31/2023” |
.
107929.

Sideline cheer shoes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.97 | Women’s footwear with outer soles of rubber or plastics measuring not over 14 mm in thickness and with uppers of plastics, such footwear designed for use in cheerleading activities, weighing no more than 0.5 kg/pr (provided for in subheading 6402.99.31) | Free | No change | No change | On or before 12/31/2023” |
.
107930.

Men's athletic footwear, valued under $9 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.98 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, with outer soles and uppers of rubber or plastics, the foregoing for men, not covering the ankle and valued not over $9/pr (provided for in subheading 6402.99.31) | Free | No change | No change | On or before 12/31/2023” |
.
107931.

Athletic footwear for women, valued not over $9 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.27.99 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, with outer soles and uppers of rubber or plastics, for women, not covering the ankle, valued not over $9/pr (provided for in subheading 6402.99.31), the foregoing other than footwear for women designed for use in cheerleading activities | Free | No change | No change | On or before 12/31/2023” |
.
107932.

Athletic footwear for children, valued not over $8 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.01 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, with outer soles and uppers of rubber or plastics, for persons other than men or women, such footwear not covering the ankle and valued not over $8/pr (provided for in subheading 6402.99.31) | Free | No change | No change | On or before 12/31/2023” |
.
107933.

Men's golf shoes, with outer soles and uppers of rubber or plastics, not covering the ankle, valued $15 per pair or over
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.02 | Men's golf shoes, designed to be worn on- or off- course, with outer soles and uppers of rubber or plastics, not covering the ankle, having uppers of which over 90 percent of the external surface area is rubber or plastics, valued $15/pr or higher (provided for in subheading 6402.99.31) | 3.3% | No change | No change | On or before 12/31/2023” |
.
107934.

Golf shoes other than for men, with outer soles and uppers of rubber or plastics, not covering the ankle, valued $15 per pair or over
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.03 | Golf shoes, designed to be worn on- or off-course, with outer soles and uppers of rubber or plastics, not covering the ankle, having uppers of which over 90 percent of the external surface area is rubber or plastics, valued $15/pr or higher, for persons other than men (provided for in subheading 6402.99.31) | Free | No change | No change | On or before 12/31/2023” |
.
107935.

Men's rubber/plastic footwear, valued not over $5 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.04 | Footwear for men, with outer soles and uppers of rubber or plastics, not covering the ankle, valued not over $5/pr, the foregoing other than house slippers, work footwear and tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6402.99.31) | Free | No change | No change | On or before 12/31/2023” |
.
107936.

Women's rubber/plastic footwear, valued not over $6 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.05 | Footwear for women, with outer soles and uppers of rubber or plastics, not covering the ankle, valued not over $6/pr, the foregoing other than house slippers, work footwear and tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6402.99.31) | 4.3% | No change | No change | On or before 12/31/2023” |
.
107937.

Cheer shoes with sole less than 12 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.07 | Women’s footwear with outer soles and uppers of rubber or plastics, each sole measuring not over 12 mm in thickness, the foregoing footwear designed for use in cheerleading activities, valued over $12/pr and weighing not over 0.5 kg/pr (provided for in subheading 6402.99.90) | 1% | No change | No change | On or before 12/31/2023” |
.
107938.

Men's golf shoes with outers and uppers of rubber or plastics, valued over $19 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.08 | Golf shoes for men, designed to be worn on- or off-course, with outer soles and uppers of rubber or plastics, valued over $19/pr (provided for in subheading 6402.99.90) | 7.1% | No change | No change | On or before 12/31/2023” |
.
107939.

Golf shoes other than for men, outer soles and uppers of rubber or plastics, valued over $19 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.09 | Golf shoes with outer soles and uppers of rubber or plastics, designed to be worn on- or off-courses, such footwear valued over $19/pr, for persons other than men (provided for in subheading 6402.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107940.

Men's golf shoes, outer soles of rubber, plastics, leather or composition leather and uppers of leather (except pigskin uppers)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.10 | Golf shoes for men, with outer soles of rubber, plastics, leather or composition leather and uppers of leather (except pigskin uppers), not welt, the foregoing with spikes, sprigs, cleats, stops, clips, bars or the like intended to enhance traction and grip and other than footwear which contains laminated textile with openings in the bottom and/or side of the sole or covered openings in the upper above the sole, or a combination thereof, designed to vent moisture (provided for in subheading 6403.19.30) | 5% | No change | No change | On or before 12/31/2023” |
.
107941.

Women’s leather footwear, lined with pigskin with zipper, valued $47–$60 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.13 | Footwear for women, with outer soles and uppers of leather, covering the ankle, each with zipper closure, lined wholly or in part with pigskin, valued over $47 but not over $60/pr, whose height from the bottom of the outer sole to the top of the upper is over 43 cm, with a heel height over 60 mm (provided for in subheading 6403.51.90) | Free | No change | No change | On or before 12/31/2023” |
.
107942.

Women's leather footwear, lined with pigskin, valued $31–$40 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.14 | Footwear for women, with outer soles and uppers of leather, covering the ankle, each lined wholly or in part with pigskin, with zipper closure, valued over $31 but not over $40/pr, whose height from the bottom of the outer sole to the top of the upper does not exceed 21 cm, with a heel height over 70 mm (provided for in subheading 6403.51.90) | Free | No change | No change | On or before 12/31/2023” |
.
107943.

Women's slip-on cow/calf hair footwear, valued $50–$60 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.15 | Footwear of the slip-on type for women with outer soles and uppers of leather, covering the ankle, lined wholly or in part with pigskin, valued over $50 but not over $60/pr, whose height from the bottom of the outer sole to the top of the upper is over 50 cm, with a heel height over 90 mm (provided for in subheading 6403.51.90) | Free | No change | No change | On or before 12/31/2023” |
.
107944.

Women’s leather footwear lined with sheepskin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.16 | Footwear for women with outer soles and uppers of leather, having open toe and/or open heel and with buckle closure, with lining wholly or in part of sheepskin, valued over $23 but not over $27/pr, heel height under 26 mm (provided for in subheading 6403.59.90) | Free | No change | No change | On or before 12/31/2023” |
.
107945.

Women’s leather slip-on footwear lined with sheep leather
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.17 | Footwear for women, with outer soles and uppers of leather, each with open toe and/or open heel; of the slip-on type, that is, held to the foot without the use of laces or buckles or other fasteners; lined wholly or in part of sheep leather; valued over $18 but not over $26/pr; with heel height over 60 mm but not over 90 mm (provided for in subheading 6403.59.90) | Free | No change | No change | On or before 12/31/2023” |
.
107946.

Women's leather slip-on footwear lined with pigskin
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.18 | Footwear for women with outer soles and uppers of leather; of the slip-on type, that is, held to the foot without the use of laces or buckles or other fasteners; with lining wholly or in part of pigskin, valued over $21 but not over $27/pr, heel height under 26 mm (provided for in subheading 6403.59.90) | Free | No change | No change | On or before 12/31/2023” |
.
107947.

Women's leather footwear, lined with pigskin, valued $21–$27 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.19 | Footwear for women with outer soles and uppers of leather, with open toe and/or open heel and with buckle closure, with lining wholly or in part of pigskin, valued over $21 but not over $27/pr, with heel height over 60 mm but not over 90 mm (provided for in subheading 6403.59.90) | Free | No change | No change | On or before 12/31/2023” |
.
107948.

Women's footwear with leather uppers, lined with pigskin, closed toe or heel with functional zippers on sides
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.30 | Footwear for women, with outer soles of rubber or plastics and uppers of leather, each with closed toe and closed heel, covering the ankle, functional zipper on the medial side and a functional zipper on the lateral side, lined wholly or in part with pigskin, with foxing or foxing-like band, whose height from the bottom of the outer sole to the top of the upper does not exceed 14 cm, valued over $18 but not over $22/pr (provided for in subheading 6403.91.90) | Free | No change | No change | On or before 12/31/2023” |
.
107949.

Women's footwear with leather uppers, lined with pigskin with adjustable laces
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.36 | Footwear for women, with outer soles of rubber or plastics and uppers of leather, closed toe and heel, such footwear covering the ankle, having closure with adjustable laces, lined wholly or in part with pigskin, whose height from the bottom of the outer sole to the top of the upper is over 21 cm but not over 23 cm, with a heel height of at least 75 mm, valued over $36 but not over $38/pr (provided for in subheading 6403.91.90) | Free | No change | No change | On or before 12/31/2023” |
.
107950.

Competitive cheer shoes with leather uppers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.39 | Women’s footwear with uppers of leather and outer soles of rubber or plastics, such soles measuring not over 9 mm in thickness, the foregoing designed for use in cheerleading activities, valued over $2.50/pr and weighing no more than 0.5 kg/pr (provided for in subheading 6403.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107951.

Women's footwear with leather uppers, with strap and buckle, valued $27–$40 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.43 | Footwear for women, with outer soles of rubber or plastics and uppers of leather, each with a strap that wraps around the leg above the ankle bone and includes a functional buckle, a heel height of 92 mm or more but not over 97 mm, valued at $27 or more but not over $40/pr (provided for in subheading 6403.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107952.

Children's leather upper athletic footwear, valued not over $9 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.45 | Tennis shoes, basketball shoes and the like, for persons other than men or women, such footwear with uppers of leather and outer soles of rubber or plastics, valued over $2.50/pr but not over $9/pr (provided for in subheading 6403.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
107953.

Men's athletic type footwear with uppers of textile materials of vegetable fibers and outer soles of rubber or plastic with textile flocking
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.46 | Men's footwear with uppers of vegetable fibers and outer soles of rubber or plastics, having outer soles with textile materials having the greatest surface area in contact with the ground, of an athletic type, with or without foxing or foxing-like band; such footwear valued over $6.50 but not over $12/pr (provided for in subheading 6404.11.81) | Free | No change | No change | On or before 12/31/2023” |
.
107954.

Athletic footwear for men, with a bellows tongue, valued over $6.50 but not over $12 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.47 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, for men, with outer soles of rubber or plastics and uppers of textile materials other than vegetable fibers, such footwear having a bellows tongue, valued over $6.50 but not over $12/pr, such outer soles with textile materials having the greatest surface area in contact with the ground but not taken into account under the terms of additional U.S. note 5 to chapter 64 (provided for in subheading 6404.11.85) | 10.3% | No change | No change | On or before 12/31/2023” |
.
107955.

Athletic footwear for women, with a bellows tongue, valued over $6.50 but not over $12 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.48 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, for women, with outer soles of rubber or plastics and uppers of textile materials other than vegetable fibers, each having a bellows tongue, valued over $6.50 but not over $12/pr, such outer soles with textile materials having the greatest surface area in contact with the ground but not taken into account under the terms of additional U.S. note 5 to chapter 64 (provided for in subheading 6404.11.85) | 10% | No change | No change | On or before 12/31/2023” |
.
107956.

Athletic footwear for children, bellows tongue, valued over $6.50 but not over $12 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.49 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, for persons other than men and women, such footwear with outer soles of rubber or plastics and uppers of textile materials other than vegetable fibers, having a bellows tongue, valued over $6.50 but not over $12/pr, such outer soles with textile materials having the greatest surface area in contact with the ground but not taken into account under the terms of additional U.S. note 5 to chapter 64 (provided for in subheading 6404.11.85) | 7.7% | No change | No change | On or before 12/31/2023” |
.
107957.

Athletic footwear for men, valued over $6.50 but not over $9 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.50 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, for men, with outer soles of rubber or plastics and uppers of textile materials other than vegetable fibers, in which elastic strips are attached to either side of the tongue and anchored beneath the insole, valued over $6.50 but not over $9/pr, such outer soles with textile materials having the greatest surface area in contact with the ground but not taken into account under the terms of additional U.S. note 5 to chapter 64 (provided for in subheading 6404.11.85) | 10.3% | No change | No change | On or before 12/31/2023” |
.
107958.

Athletic footwear for children, valued over $6.50 but not over $9 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.51 | Tennis shoes, basketball shoes, gym shoes, training shoes and the like, for persons other than men or women, such footwear with outer soles of rubber or plastics and uppers of textile materials other than vegetable fibers, in which elastic strips are attached to either side of the tongue and anchored beneath the insole, valued over $6.50 but not over $9/pr, such outer soles with textile materials having the greatest surface area in contact with the ground but not taken into account under the terms of additional U.S. note 5 to chapter 64 (provided for in subheading 6404.11.85) | 6.8% | No change | No change | On or before 12/31/2023” |
.
107959.

Cheer shoes with uppers of textile materials
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.56 | Footwear for women, with outer soles of rubber or plastics measuring not over 14 mm in thickness and with uppers of textile materials, such footwear designed for use in cheerleading activities, valued over $12/ pr and weighing no more than 0.5 kg/pr (provided for in subheading 6404.11.90) | Free | No change | No change | On or before 12/31/2023” |
.
107960.

Women's footwear with textile uppers and 50 percent or more of the surface area of which is leather
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.59 | Footwear for women, with outer soles of rubber or plastics and uppers of textile materials, having uppers of which over 50 percent of the external surface area (including any leather accessories or reinforcements) is leather, the foregoing other than sports footwear, tennis shoes, basketball shoes, training shoes and the like (provided for in subheading 6404.19.15) | Free | No change | No change | On or before 12/31/2023” |
.
107961.

Women's footwear with textile uppers, open toes or heels, valued $15–$30 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.61 | Footwear with outer soles of rubber or plastics, with uppers of textile material other than vegetable fibers and having outer soles with textile materials having the greatest surface area in contact with the ground, but not taken into account under the terms of additional note U.S. note 5 to chapter 64, with open toes or open heels or of the slip-on type, weighing 10 percent or more of rubber or plastics, valued $15/pr or higher but not more than $30/pr; the foregoing for women (other than house slippers) (provided for in subheading 6404.19.37) | 11.3% | No change | No change | On or before 12/31/2023” |
.
107962.

Men's textile upper footwear, with open toes or open heels, valued not over $12 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.62 | Footwear for men, with open toes or open heels, other than house slippers; the foregoing with outer soles of rubber or plastics and uppers of textile materials, such uppers consisting of straps not exceeding 26 mm in width and having no heel straps, valued not over $12/pr (provided for in subheading 6404.19.39) | 16.4% | No change | No change | On or before 12/31/2023” |
.
107963.

Women's textile upper footwear, with open toes or open heels, valued not over $12 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.63 | Footwear for women, with open toes or open heels and other than house slippers; such footwear with outer soles of rubber or plastics and uppers of textile materials, such uppers consisting of straps not exceeding 26 mm in width and having no heel straps, valued not over $12/pr (provided for in subheading 6404.19.39) | 30.2% | No change | No change | On or before 12/31/2023” |
.
107964.

Children's textile upper footwear, with open toes or open heels, valued not over $12 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.64 | Footwear for persons other than men or women, such footwear with open toes or open heels (other than house slippers), with outer soles of rubber or plastics and uppers of textile materials, with straps not exceeding 20 mm in width and having no heel straps, valued not over $12/pr (provided for in subheading 6404.19.39) | 20.2% | No change | No change | On or before 12/31/2023” |
.
107965.

Oxford-style work footwear with steel safety toe and static dissipating protection
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.67 | Footwear for men or women, with outer soles of rubber or plastics and uppers of textile materials, not covering the ankle, valued at over $12/pr, incorporating a protective toe cap of steel and with electrostatic dissipating properties meeting ASTM F2413 standards with an ESD classification of SD-10 (provided for in subheading 6404.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107966.

Oxford footwear with textile uppers and composite toe, valued over $20 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.70 | Footwear for men or women, with outer soles of rubber or plastics and uppers of textile materials, not covering the ankle, valued over $20/pr, incorporating a protective toe cap of materials other than metal (provided for in subheading 6404.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107967.

Men's mid-cut footwear with a textile upper and a protective toe cap
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.71 | Footwear for men, with outer soles of rubber or plastics and uppers of textile materials, covering the ankle to a height of less than 15.24 cm, incorporating a protective toe cap of alloy materials, valued over $12/pr (provided for in subheading 6404.19.90) | Free | No change | No change | On or before 12/31/2023” |
.
107968.

Women's footwear with leather soles and textile uppers, open toes or heels, valued $12–$24 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.72 | Footwear for women with outer soles of leather or composition leather and uppers of textile materials, each with open toe and/or open heel, not over 50 percent by weight of textile materials and rubber or plastics with at least 10 percent by weight being rubber or plastics, valued over $12.00 but not over $24.00/pr (provided for in subheading 6404.20.40) | Free | No change | No change | On or before 12/31/2023” |
.
107969.

Footwear for women valued over $20 but not over $24 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.73 | Footwear for women with outer soles of leather or composition leather and uppers of textile materials, with closed toe and closed heel, not over 50 percent by weight of textile materials and rubber or plastics with at least 10 percent by weight being rubber or plastics; such footwear with a heel counter of pig suede and a zipper at the back of the shoe, each shoe featuring at least one strap that wraps around the leg above the ankle and does not cover the ankle; the foregoing valued over $20 but not over $24/pr (provided for in subheading 6404.20.40) | Free | No change | No change | On or before 12/31/2023” |
.
107970.

Women's footwear with leather soles and textile uppers, valued $15–$20 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.74 | Footwear for women with outer soles of leather or composition leather and uppers of textile materials, not elsewhere specified or included, valued over $15 but not over $20/pr, the foregoing other than footwear containing less than 10 percent by weight of rubber or plastics and other than containing 50 percent or less by weight of textile materials and rubber or plastics with at least 10 percent by weight being rubber or plastics (provided for in subheading 6404.20.60) | Free | No change | No change | On or before 12/31/2023” |
.
107971.

Women's footwear with leather soles and textile uppers, valued $20–$25 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.75 | Footwear for women, with outer soles of leather or composition leather and uppers of textile materials, not elsewhere specified or included, valued over $20 but less than $25/pr; the foregoing other than footwear containing less than 10 percent by weight of rubber or plastics and other than containing 50 percent or less by weight of textile materials and rubber or plastics with at least 10 percent by weight being rubber or plastics (provided for in subheading 6404.20.60) | Free | No change | No change | On or before 12/31/2023” |
.
107972.

Women's footwear with cork soles and textile uppers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.76 | Footwear for women, with uppers of textile materials and outer soles of cork or agglomerated cork, each with open toe and/or open heel, valued over $13 but not over $18/pr (provided for in subheading 6405.20.90) | Free | No change | No change | On or before 12/31/2023” |
.
107973.

Men's footwear with felt soles, not covering the ankle, valued $20 per pair or higher
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.77 | Footwear for men, with uppers of which over 30 percent of the external surface is polyurethane measuring 0.25 mm in thickness, with cemented outer soles of which over 50 percent of the external surface is felt, having the characteristics required for normal use, including durability and strength; the foregoing not covering the ankle and valued $20/pr or higher (provided for in subheading 6405.20.90) | Free | No change | No change | On or before 12/31/2023” |
.
107974.

Women's and girls' footwear with cork uppers, valued less than $25 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.78 | Women's and girls' footwear with uppers of cork (other than disposable and designed for one-time use), valued less than $25/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107975.

Women's footwear with cow/calf hair uppers, valued $35–$40 per pair, covering the ankle
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.79 | Footwear for women, with uppers of cow or calf hair and outer soles of rubber or plastics, such footwear with closed toe and heel, covering the ankle, with a lace closure, having an upper with exterior surface area over 80 percent cow or calf hair, valued over $35 but not over $40/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107976.

Women's footwear with cow/calf hair uppers, valued $35–$40 per pair, not covering the ankle
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.80 | Footwear for women, with uppers of cow or calf hair and outer soles of rubber or plastics, each with closed toe and closed heel, not covering the ankle, of the slip-on type, having an upper with exterior surface area over 70 percent cow or calf hair, valued over $35 but not over $40/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107977.

Women's footwear with cow/calf hair uppers, valued $19–$25 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.81 | Footwear for women, with uppers of cow or calf hair and outer soles of rubber or plastics, each with closed toe and closed heel, not covering the ankle, of the slip-on type, having an upper with exterior surface area over 85 percent cow or calf hair, valued over $19 but not over $25/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107978.

Women's footwear with cow/calf hair uppers, valued $50–$55 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.82 | Footwear for women, with uppers of cow or calf hair and outer soles of rubber or plastics, such footwear covering the ankle, with zipper closure, with exterior surface area over 70 percent cow or calf hair, valued over $50 but not over $55/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107979.

Women's footwear, leather soles and rubber/plastic uppers, valued $16–$18 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.83 | Footwear for women with uppers of rubber or plastics and outer soles of composition leather, with open toe and/or heel, valued over $16 but not over $18/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107980.

Women's footwear with cow/calf hair uppers, valued $19–$34 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.84 | Footwear for women, with uppers of cow or calf hair and outer soles of rubber or plastics, such footwear covering the ankle, with zipper or buckle closure, with exterior surface area over 90 percent of cow or calf hair, valued over $19 but not over $34/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107981.

Footwear for women, valued over $50 but not over $60 per pair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.85 | Footwear of the slip-on type, for women, with uppers of cow or calf hair and outer soles of rubber or plastics, such footwear with closed toe and heel, covering the ankle, having an upper with exterior surface area over 90 percent cow or calf hair, whose height from the bottom of the outer sole to the top of the upper is over 42 cm, valued over $50 but not over $60/pr (provided for in subheading 6405.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
107982.

Calf hair upper footwear
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.86 | Footwear with uppers of calf hair (provided for in subheading 6405.90.90), the foregoing other than goods described in any other heading of this subchapter | 3.1% | No change | No change | On or before 12/31/2023” |
.
107983.

Gaiters of man-made fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.87 | Woven gaiters of man-made fibers, not containing elastomeric fiber, seamless, each with full front hook-and-loop closure, boot lace loop attachment, with webbing or cord at the top for tightening and boot strap at the bottom (provided for in subheading 6406.90.15) | Free | No change | No change | On or before 12/31/2023” |
.
107984.

Hats of vegetable fibers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.88 | Hats and other headgear of vegetable fibers, of unspun fibrous vegetable materials or of paper yarn, sewed (provided for in subheading 6504.00.30) | Free | No change | No change | On or before 12/31/2023” |
.
107985.

Hairnets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.89 | Hair-nets (provided for in subheading 6505.00.01) | 1% | No change | No change | On or before 12/31/2023” |
.
107986.

Cotton knit hats, valued $8 or less
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.90 | Women's and girls' hats and other headgear, of cotton, knitted, other than visors or hats that provide no covering for the crown of the head; such goods valued up to $8 each (provided for in subheading 6505.00.15); the foregoing other than hats and other headgear described in subheading 9902.14.63 | Free | No change | No change | On or before 12/31/2023” |
.
107987.

Babies' woven cotton hats
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.91 | Babies' headwear of cotton, not knitted (provided for in subheading 6505.00.20) | Free | No change | No change | On or before 12/31/2023” |
.
107988.

Hats of man-made fiber, valued $5–$25
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.92 | Hats and other headgear, of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabrics in the piece (but not in strips), not in part of braid, each valued at least $5 but not more than $12 (provided for in subheading 6505.00.60) | 6.4% | No change | No change | On or before 12/31/2023” |
.
107989.

Waterproof and insulated hats with ear flaps, valued over $15
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.93 | Dome-shaped hats, of man-made fibers, each with ear flaps constructed entirely of 2-layer laminate consisting of woven face fabric wholly of polyester and expanded polytetrafluoroethylene (PTFE) membrane, each such hat fully lined with woven ripstop fabric wholly of nylon, the crown and earflaps having insulation wholly of polyester, adjustable by a 2 mm elastic cord covered in a braided textile sheath and back cord lock; such hats valued over $15 each (provided for in subheading 6505.00.90) | Free | No change | No change | On or before 12/31/2023” |
.
107990.

Fishing wading staffs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.94 | Wading sticks of carbon fiber, each measuring 3.5 cm to 4.5 cm in diameter, adjustable from approximately 129.5 cm to 142.2 cm in length and weighing 227 g; the foregoing not put up for sale in pairs (provided for in heading 6602.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
107991.

Plastic plants for aquariums, not glued or bound
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.95 | Foliage and flowers of plastics, representing desert or underwater plants, each inserted directly into a base or suction cup, measuring not over 55.88 cm in height, not assembled by gluing or similar means or by binding with flexible materials such as wire, paper, textile materials or foil; the foregoing presented put up for retail sale as goods designed for a household terrarium or aquarium (provided for in subheading 6702.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
107992.

Natural stone ledger tile of sandstone
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.96 | Natural stone tiles of sandstone; such cut pieces each measuring less than 6.985 cm in width and 6.985 cm in length and collectively glued together or to a mesh backing to form a panel; such finished tiles measuring 15.24 cm or more but not over 40.64 cm in width and 45.72 cm or more but not over 60.96 cm in length (provided for in subheading 6802.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
107993.

Marble mosaic and pebble tiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.97 | Marble mosaic and pebble tiles, each with the individual mosaic and pebble pieces measuring 50.8 mm in width and ranging from 50.8 mm to 152.4 mm in length; each tile measuring approximately 304.8 mm wide and 304.8 mm long (provided for in subheading 6802.10.00) | 2.6% | No change | No change | On or before 12/31/2023” |
.
107994.

Natural stone limestone tiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.98 | Natural stone tiles made of limestone quarried from India with a surface area greater than 101.6 mm square and ranging in size from 50.8 to 304.8 mm in width and 152.4 mm to 406.44 mm in length; the foregoing honed and 12.7 mm in thickness (provided for in subheading 6802.91.05) | Free | No change | No change | On or before 12/31/2023” |
.
107995.

Natural stone marble tiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.28.99 | Natural stone tiles made of marble quarried from Greece, Italy, Turkey, and Spain, each tile with a surface area greater than 101.6 mm^2; the foregoing in sizes ranging from 50.8 to 304.8 mm in width and 152.4 mm to 406.44 mm in length (provided for in subheading 6802.91.05) | 1% | No change | No change | On or before 12/31/2023” |
.
107996.

Waterjet natural stone mosaic tile
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.01 | Waterjet cut mosaic tiles, composed of natural marble stone, such marble stone tiles measuring more than 7 cm in width and more than 7 cm in length and covering over 50 percent of the surface area, in combination with tiles of glass, metal, mother of pearl or other materials, with surface faces honed or polished and edges worked beyond simple straight cuts and affixed to a mesh backing, having a width not less than 22.86 cm but not more than 45.72 cm and a length not less than 20.32 cm but not more than 45.72 cm (provided for in subheading 6802.91.15) | 2.2% | No change | No change | On or before 12/31/2023” |
.
107997.

Marble entertaining and serveware
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.02 | Serving trays, serving boards, cake stands, bowls, pastry boards, rolling pins and similar articles of marble, for preparing or serving food (provided for in subheading 6802.91.15) | 1% | No change | No change | On or before 12/31/2023” |
.
107998.

Articles of marble for kitchen and dining room
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.03 | Coasters, trivets, paper towel holders, napkin holders and similar articles of marble, the foregoing designed for use in the home and not for contact with food (provided for in subheading 6802.91.15) | 1% | No change | No change | On or before 12/31/2023” |
.
107999.

Natural stone ledger tiles of travertine
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.04 | Natural stone tiles of travertine, each composed of small, cut pieces of travertine; such cut pieces each measuring less than 69.85 mm in width and 68.85 mm in length and collectively glued to a mesh backing; such finished tiles measuring 152.4 mm or more but not over 406.4 mm in width and 457.2 mm or more but not over 609.6 mm in length (provided for in subheading 6802.91.25) | 0.6% | No change | No change | On or before 12/31/2023” |
.
108000.

Travertine decorative tile
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.05 | Travertine decorative tiles with smooth-satin finish, rectangular-shaped, each tile measuring 50.8 mm or more but not more than 203.2 mm in width and 101.6 mm or more but not more than 304.8 mm in length (provided for in subheading 6802.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
108001.

Limestone decorative tiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.06 | Limestone decorative tiles each with smooth-satin finish and rectangular-shaped stones, each tile measuring in size from 12.7 mm to 101.6 mm in width and 152.4 mm to 406.4 mm in length (provided for in subheading 6802.91.25) | Free | No change | No change | On or before 12/31/2023” |
.
108002.

Blank, embossed, and printed stoneware coaster disks and trivets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.07 | Blank, embossed and printed stoneware coaster disks and trivets (provided for in subheading 6912.00.48) | Free | No change | No change | On or before 12/31/2023” |
.
108003.

Rolled green glass sheets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.08 | Rolled glass in sheets, of a yellow-green color not colored throughout the mass, not finished or edged-worked, textured on one surface imparted by the rolling process, imported in sheets of a width not exceeding 1,600 mm and a length not exceeding 900 mm, having a thickness not exceeding 6 mm (provided for in subheading 7003.19.00) | 0.2% | No change | No change | On or before 12/31/2023” |
.
108004.

Framed rear-view mirrors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.09 | Framed rear-view mirrors, such goods comprising parts of machines of heading 8429 or vehicles of heading 8701, 8704 or 8430, such mirrors measuring not over 929 cm^2 in reflecting area and not containing LED or fluorescent lighting (provided for in subheading 7009.10.00) | 1.4% | No change | No change | On or before 12/31/2023” |
.
108005.

Wall mirrors, unframed
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.10 | Glass mirrors, unframed, each greater than 5,000 cm^2 in reflecting area, not containing LED or fluorescent lighting, designed for mounting on the wall (provided for in subheading 7009.91.50) | Free | No change | No change | On or before 12/31/2023” |
.
108006.

Wall mirrors, framed
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.11 | Glass mirrors, framed, each greater than 5,000 cm^2 in reflecting area, not containing LED or fluorescent lighting, designed for mounting on the wall (provided for in subheading 7009.92.50) | 3.1% | No change | No change | On or before 12/31/2023” |
.
108007.

Stemware (crystalline) drinking glasses valued over $0.30 but not over $3 each, other than those presented in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.12 | Stemware (crystalline) drinking glasses valued over $0.30 but not over $3 each other than those presented in sets (provided for in subheading 7013.28.20) | 21.2% | No change | No change | On or before 12/31/2023” |
.
108008.

Double-walled insulated glass tumblers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.13 | Double-walled drinking glasses of specially tempered borosilicate glass, with or without handles (provided for in subheading 7013.37.05) | Free | No change | No change | On or before 12/31/2023” |
.
108009.

Diamond-shaped stemmed wine glasses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.14 | Hexagonal, stemmed wine glasses, each with diamond-shaped base and made from specially toughened borosilicate glass (provided for in subheading 7013.37.05) | Free | No change | No change | On or before 12/31/2023” |
.
108010.

Twisted-center stemless wine glass
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.15 | Stemless wine glasses, each with twisted center indentation, of specially tempered borosilicate glass (provided for in subheading 7013.37.05) | Free | No change | No change | On or before 12/31/2023” |
.
108011.

Crystalline drinking glasses, without stems, not in sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.16 | Crystalline drinking glasses without stems, valued over $0.30 but not over $3 each, other than those presented in sets (provided for in subheading 7013.37.20) | 21.1% | No change | No change | On or before 12/31/2023” |
.
108012.

Double-walled insulated glass bowls
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.17 | Double-walled (insulated) bowls of specially tempered borosilicate glass, such bowls of a kind used for table or kitchen purposes (provided for in subheading 7013.49.10) | Free | No change | No change | On or before 12/31/2023” |
.
108013.

Leaf-shaped glass decanters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.18 | Leaf-shaped decanters of pressed and toughened (specially tempered) borosilicate glass (provided for in subheading 7013.49.10) | Free | No change | No change | On or before 12/31/2023” |
.
108014.

Set of four appetizer plates made of glass with steel caddy holder, valued at $2 each
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.19 | Set of four appetizer plates made of glass with steel caddy holder valued at $2 each (provided for in subheading 7013.49.20) | Free | No change | No change | On or before 12/31/2023” |
.
108015.

Spice rack with glass jars and wooden lids valued not over $3 each
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.20 | Spice racks, each presented with glass jars and wooden lids, valued not over $3 each (provided for in subheading 7013.49.20) | Free | No change | No change | On or before 12/31/2023” |
.
108016.

Glass lens blanks for infrared applications
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.21 | Glass lens blanks that are not optically worked, containing one or more of sulfur, selenium or tellurium, certified by the importer as suitable for infrared applications (CAS No. 57673–50–4, 39290–81–8, 1450602–84–2 or 1303–36–2) (provided for in subheading 7014.00.10) | Free | No change | No change | On or before 12/31/2023” |
.
108017.

Hair accessories of glass beads, imitation pearls, and imitation stones, valued less than $7
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.22 | Hair accessories of glass beads, imitation pearls and imitation stones valued less than $7 (provided for in subheading 7018.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
108018.

Filter bags with acid-resistant coating, of woven fiberglass laminated to ePTFE, weighing at least 325 g/m^2 but not over 350 g/m^2
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.23 | Filter bags with acid-resistant coating; such bags of woven fiberglass fabric laminated to an expanded polytetrafluoroethylene (ePTFE) membrane, coated with an acid-resistant on its backing, weighing at least 325 g/m^2 but not over 350 g/m^2; the foregoing with a burst strength of 4137 kPA (600 psi) or higher per ASTM D3786 (provided for in subheading 7019.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
108019.

Fiberglass replacement wicks for outdoor garden torch
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.24 | Replacement wicks exclusively of fiberglass for garden, patio and table top burning torches of subheading 9405.50, the foregoing for outdoor use (provided for in subheading 7019.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
108020.

Filter bags of woven fiberglass fabric laminated to an ePTFE, with a polytetrafluoroethylene coated backing, not acid resistant, weighing at least 721 g/m^2 but not over 771 g/m^2
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.25 | Filter bags of woven fiberglass fabric without an acid-resistant coating; laminated to an expanded polytetrafluoroethylene (ePTFE) membrane with a polytetrafluoroethylene coated backing, weighing at least 721 g/m^2 but not over 771 g/m^2; the foregoing with a burst strength of 6205 kPa (900 psi) or higher per ASTM D3786 (provided for in subheading 7019.90.10) | Free | No change | No change | On or before 12/31/2023” |
.
108021.

Silver catalyst
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.26 | Silver exceeding 99.9 percent purity, in spherical shapes formed from silver anodes in an electrochemical process, such shapes with surface areas of 80 mm^3 or greater (CAS No. 7440–22–4) and ready for use as catalysts (provided for in subheading 7106.91.50) | Free | No change | No change | On or before 12/31/2023” |
.
108022.

Silver round blanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.27 | Silver round blanks (CAS No. 7440–22–4), semimanufactured and weighing not more than 1,000 grams (provided for in subheading 7106.92.50) | Free | No change | No change | On or before 12/31/2023” |
.
108023.

Ferroboron alloy
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.28 | Ferroboron alloys in powders, lumps, granules or chunks (provided for in subheading 7202.99.80) | Free | No change | No change | On or before 12/31/2023” |
.
108024.

Cast iron nonmalleable threaded main body combo castings for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.29 | Main body combo castings of nonmalleable cast iron designed for residential fuel oil tanks (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108025.

Cast iron nonmalleable threaded vent caps for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.30 | Threaded vent caps of nonmalleable cast iron designed for residential fuel oil tanks (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108026.

Cast iron nonmalleable threaded bushings for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.31 | Threaded bushings of nonmalleable cast iron to be installed to a residential fuel oil tank opening (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108027.

Cast iron nonmalleable threaded tank adapters for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.32 | Threaded tank adapters of nonmalleable cast iron designed for residential fuel oil tanks (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108028.

Cast iron nonmalleable threaded fill alarm main body for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.33 | Fittings of nonmalleable cast iron, each comprising the main body of a fill alarm designed for residential fuel oil tanks (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108029.

Cast iron nonmalleable threaded fill box caps for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.34 | Threaded fill box caps of nonmalleable cast iron designed for residential fuel oil tanks (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108030.

Cast iron nonmalleable threaded leg flanges for residential fuel oil tanks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.35 | Threaded leg flanges of nonmalleable cast iron designed for residential fuel oil tanks (provided for in subheading 7307.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108031.

Portable gas cooking stoves
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.36 | Portable propane gas camping stoves, each with one adjustable burner rated to generate up to 10,000 British thermal units (BTUs) of power, with casing of steel and pan support of steel covered with porcelain, the foregoing valued $4 or more but not over $20 each (provided for in subheading 7321.11.10) | Free | No change | No change | On or before 12/31/2023” |
.
108032.

Portable outdoor cookers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.37 | Portable outdoor cookers, fueled by natural gas or propane, put up in sets for retail sale (provided for in subheading 7321.11.10) | 1.2% | No change | No change | On or before 12/31/2023” |
.
108033.

Self-anchored beverage containers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.38 | Self anchoring beverage containers made of stainless steel with a base partially made of orange colored silicone material with said orange silicone base measuring no more than 60.325 mm (provided for in subheading 7323.93.00) | Free | No change | No change | On or before 12/31/2023” |
.
108034.

Stainless steel handmade kitchen sinks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.39 | Handmade, top mounted, residential kitchen sinks of stainless steel, consisting of 1 or 2 bowls, 0.64 mm or more but not exceeding 1.2 mm in thickness, 13.97 cm or more but not exceeding 25.4 cm in depth, 43.18 cm or more but not exceeding 55.88 cm in width, and 68.58 cm or more but not exceeding 83.82 cm in length (provided for in subheading 7324.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108035.

Loose frame baskets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.40 | Steel wire loose frame basket (provided for in subheading 7326.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
108036.

Two-story fire escape ladders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.41 | Fire escape ladders of iron or steel, measuring not over 4.3 m in length when fully extended, with a ladder load rating of 170 kg and designed to be hung from a windowsill measuring 15 cm or more but not over 33 cm in width; such ladders each having window brackets and rungs (stairs) of steel and webbing of nylon that connect the rungs to each other and to the window bracket; with slip resistant rungs and stabilizers, the foregoing designed for residential use and valued not over $28 each (provided for in subheading 7326.90.86) | Free | No change | No change | On or before 12/31/2023” |
.
108037.

Three-story fire escape ladders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.42 | Fire escape ladders of iron or steel, measuring 4.4 m or more but not more than 7.4 m in length when fully extended, with a ladder load rating of 170 kg and designed to be hung from a windowsill measuring 15 cm or more but not over 33 cm in width; such ladders each composed of window brackets and rungs (stairs) of steel and webbing of nylon that connect the rungs to each other and to the window bracket; with slip resistant rungs and stabilizers, the foregoing designed for residential use and valued not over $47 each (provided for in subheading 7326.90.86) | Free | No change | No change | On or before 12/31/2023” |
.
108038.

Work support stands of steel
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.43 | Portable work support stands of steel, each with a hand-tightened clamp (provided for in subheading 7326.90.86) | Free | No change | No change | On or before 12/31/2023” |
.
108039.

Locking fixtures of iron or steel
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.44 | Locking fixtures of iron and steel, the foregoing designed to secure moving parts of lithography machine modules or apparatus, and parts thereof (provided for in subheading 7326.90.86) | Free | No change | No change | On or before 12/31/2023” |
.
108040.

Stainless steel phone handle-and-stand accessories
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.45 | Mobile phone handle-and-stand accessories of stainless steel, each comprising two circular slabs measuring 4 mm in thickness, with adhesive on one side of one circular slab, the slabs connected by an adjustable arm; valued not over $4.50 each (provided for in subheading 7326.90.86) | Free | No change | No change | On or before 12/31/2023” |
.
108041.

Circular and S-shaped stainless steel carabiners
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.46 | Carabiners or rings made of stainless steel, with a spring-loaded gate used to connect and secure non-load bearing components, valued no more than $10 (provided for in subheading 7326.90.86) | 1% | No change | No change | On or before 12/31/2023” |
.
108042.

Pieces of refined unwrought copper cathode 99.9999 percent pure
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.47 | Pieces of copper cathode, refined and unrwought, 99.9999 percent pure, measured by glow discharge mass spectrometry (GDMS) to have sulfur content not exceeding 150 parts per billion (ppb), aluminum content not exceeding 15 ppb and iron content not exceeding 15 ppb (provided for in subheading 7403.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108043.

Ultra-thin and wide-width aluminum foil
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.48 | Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials), rolled but not further worked, such foil of a thickness (excluding any backing) of 6.35 microns and with a width between 1085 mm to 1899 mm, or of a thickness of 7 microns to 9 microns with a width between 1549 mm to 1899 mm (provided for in subheading 7607.11.30) | 1.9% | No change | No change | On or before 12/31/2023” |
.
108044.

Etched capacitor aluminum foil of a thickness 0.018–0.126 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.49 | Etched capacitor foil of aluminum, 0.018 mm or more but not over 0.126 mm in thickness, electrochemically oxidized (“formed”) and containing 99.8 percent or more by weight of aluminum, of a kind used for manufacturing electrolytic capacitors (provided for in subheading 7607.19.10) | Free | No change | No change | On or before 12/31/2023” |
.
108045.

Stove top coffee makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.50 | Kitchen stove top coffee makers of aluminum, each with a capacity not exceeding 3 liters (provided for in subheading 7615.10.71) | Free | No change | No change | On or before 12/31/2023” |
.
108046.

Aluminum shower caddies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.51 | Shower caddies made of aluminum wire with a dimension of 12 mm by 8 mm or less, designed to be hung over shower heads to hold bath accessories (provided for in subheading 7615.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
108047.

Step stools of aluminum
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.52 | Step stools of aluminum, each having three steps, of a width of no less than 22 cm, with a folding safety bar and rubber non-slip feet (provided for in subheading 7616.99.51) | Free | No change | No change | On or before 12/31/2023” |
.
108048.

Aluminum ladders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.53 | Articulated ladders of aluminum with a ladder load rating of 137 kg consisting of one or more pairs of locking joints and extendable sections, valued not over $100 (provided for in subheading 7616.99.51) | 1.5% | No change | No change | On or before 12/31/2023” |
.
108049.

Circular and S-shaped aluminum carabiners
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.54 | Carabiner or rings of aluminum, either single or double, each with a spring-loaded gate used to connect and secure non-load bearing components, valued no more than $3.25 (provided for in subheading 7616.99.51) | Free | No change | No change | On or before 12/31/2023” |
.
108050.

Stationary sprinklers of zinc
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.55 | Household irrigation sprinklers of zinc, designed to stay in one spot during use, with no moving irrigation arms and no adjustable watering patterns on the outside, of maximum dimension of 11 cm by 8.1 cm by 3.2 cm (provided for in subheading 7907.00.10) | Free | No change | No change | On or before 12/31/2023” |
.
108051.

Tungsten waste and scrap
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.56 | Tungsten (wolfram) waste and scrap (provided for in subheading 8101.97.00) | Free | No change | No change | On or before 12/31/2023” |
.
108052.

Cobalt alloys
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.57 | Cobalt alloys (provided for in subheading 8105.20.30) | 2.8% | No change | No change | On or before 12/31/2023” |
.
108053.

Certain gallium (Ga)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.58 | Gallium (CAS No. 7440–55–3) (provided for in subheading 8112.92.10), the foregoing other than goods described in heading 9902.15.12 | Free | No change | No change | On or before 12/31/2023” |
.
108054.

Niobium (columbium) rings no thicker than 20 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.59 | Rings of Niobium (columbium) (other than unwrought, waste and scrap and powders), measuring not over 20 mm in thickness (provided for in subheading 8112.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
108055.

Tungsten secondary raw material
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.60 | Used cermets and articles thereof, including waste and scrap, the foregoing imported for the extraction of tungsten (provided for in heading 8113.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108056.

Gear-driven bolt cutters and pipe cutters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.61 | Pipe cutters and bolt cutters, each with a gear-driven mechanism (provided for in subheading 8203.40.30) | Free | No change | No change | On or before 12/31/2023” |
.
108057.

Rotary cutters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.62 | Rotary cutting hand tools, of iron or steel, designed to cut fabrics and craft materials, each with a replaceable circular blade and plastic handle with blade lock (provided for in subheading 8205.51.30) | Free | No change | No change | On or before 12/31/2023” |
.
108058.

Food graters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.63 | Food graters with blades or working surfaces of base metal, with nonworking parts of plastic, such graters not exceeding 31 cm in overall length (provided for in subheading 8205.51.30) | 0.8% | No change | No change | On or before 12/31/2023” |
.
108059.

Hand tools for applying plastic clip fasteners to garments
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.64 | Hand tools of plastics, designed for insertion and application of plastic clip fasteners, such hand tools each with an outer body and internal mechanism of plastics, containing a replaceable hollow steel needle with an outside diameter measuring less than 2.4 mm through which a fastener is fed and inserted into the intended target material (provided for in subheading 8205.59.80) | Free | No change | No change | On or before 12/31/2023” |
.
108060.

Steel workstations with vises adjustable by foot pedal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.65 | Clamping workstations, each with steel vise, adjustable by foot pedal lever, weighing less than 20 kg, with a jaw width between 0 and 94 cm (provided for in subheading 8205.70.00) | Free | No change | No change | On or before 12/31/2023” |
.
108061.

Fixed carbide cutter and roller cone drill bits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.66 | Rotary rock drill bits, and parts thereof, each such bit with cutting part containing by weight over 0.2 percent of chromium, molybdenum or tungsten or over 0.1 percent of vanadium (provided for in subheading 8207.19.30), designed for use with rock drilling and earth boring tools of heading 8430 | Free | No change | No change | On or before 12/31/2023” |
.
108062.

Rotary food graters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.67 | Rotary food graters, each incorporating blade drums of stainless steel and a suction base, operated by hand, weighing not more than 1.5 kg (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108063.

Coffee presses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.68 | Coffee presses designed to brew ground coffee, each consisting of a glass cylinder, a plastic or metal handle or frame and a stainless steel mesh filter; the foregoing having a capacity of 0.5 liters or more but not over 1.5 liters (provided for in heading 8210.00.00) | 1.1% | No change | No change | On or before 12/31/2023” |
.
108064.

Vacuum insulated coffee servers with a brew-through lid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.69 | Vacuum insulated coffee servers with liners of steel, each with a capacity over 2 liters, having a brew-through lid, feet attached to the base and a hole at bottom of server for lever faucet attachment (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108065.

Vacuum insulated coffee servers with no lid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.70 | Vacuum insulated coffee servers with liners of steel, each with a capacity over 2 liters, presented with base with feet but no lid and with a hole at bottom of server for lever faucet attachment (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108066.

Vacuum insulated coffee servers with fitted hinged lid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.71 | Vacuum insulated coffee servers, each with outer layer and liner of steel, with a capacity over 2 liters, with tightly fitted hinged lid with a center hole designed to allow brewed beverages to pass directly into such server with top lever action for dispensing and steel base plate (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108067.

Commercial vacuum insulated coffee servers with sight gauge
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.72 | Commercial vacuum insulated coffee servers, each with outer layer and liner of steel, plastic base, a capacity over 2 liters, plastic carrying handle, bottom lever faucet, see-through contents window and a brew-thru lid (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108068.

Commercial vacuum insulated coffee servers with plastic base
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.73 | Commercial vacuum insulated coffee servers, each with outer layer and liner of steel, plastic base, capacity over 2 liters, plastic carrying handle, bottom lever faucet and brew-thru lid (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108069.

Commercial vacuum insulated coffee servers with plastic base and stand
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.74 | Commercial vacuum insulated coffee servers, each with outer layer and liner of steel, with plastic base and stand, with a capacity over 2 liters, with plastic carrying handle, with bottom lever faucet and brew-thru lid (provided for in heading 8210.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108070.

Craft knives with fixed pen-like or retractable blades
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.75 | Craft knives with fixed pen-like or retractable blade design, each with removable thin angled or scoop like blades of steel; such knives measuring between 152.4 mm and 228.6 mm in length and between 6.35 mm and 25.4 mm in diameter, valued between $0.50 and $2 each (provided for in subheading 8211.93.00) | Free | No change | No change | On or before 12/31/2023” |
.
108071.

Craft knives
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.76 | Craft knives, each with thermoplastic over mold grip, maximum handle dimensions measuring 135 mm in length, 26 mm in width and 17 mm in height (provided for in subheading 8211.93.00); the foregoing other than craft knives with fixed pen-like or retractable blade design, with removable scoop like blades of steel | Free | No change | No change | On or before 12/31/2023” |
.
108072.

Blades for craft knives with non-fixed blades
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.77 | Blades for craft knives, non-fixed, angled or scoop like shaped; such blades not over 58 mm in length (provided for in subheading 8211.94.50) | Free | No change | No change | On or before 12/31/2023” |
.
108073.

Ergonomic pinking shears
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.78 | Ergonomic pinking shears, valued over $30/dozen, with contoured plastic handles and with stainless steel blades, with the lower blade extending a minimum of 7 mm past the end of the upper blade (provided for in subheading 8213.00.60) | Free | No change | No change | On or before 12/31/2023” |
.
108074.

Spring-action scissors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.79 | Scissors, each with a spring-action design that also features a slide lock and with only 1 loop handle, valued over $1.75/dozen (provided for in subheading 8213.00.90), the foregoing other than goods described in heading 9902.15.30 | Free | No change | No change | On or before 12/31/2023” |
.
108075.

Electronic locks for lockers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.80 | Electronically actuated locks, of a kind used for locking furniture, each enclosed in metal housing and operated by a keypad or radio-frequency identification device (RFID), such goods each containing a key slot to operate the lock with an electronic key with a built-in power jumper (provided for in subheading 8301.30.00) | 1.6% | No change | No change | On or before 12/31/2023” |
.
108076.

Luggage locks of base metal, packaged for retail sale
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.81 | Luggage locks of base metal, packaged for retail sale, of a type compliant with standards of the Transportation Security Administration, such locks each keyed for opening with a universal master tool made and patented in the United States (provided for in subheading 8301.40.30) | Free | No change | No change | On or before 12/31/2023” |
.
108077.

Key-operated door handles, push-pull-rotate
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.82 | Door locks, locksets and other locks of base metal, key-operated, suitable for use with interior or exterior doors, but excluding garage, overhead or sliding doors; such locks capable of unlatching door knobs or levers by pushing, pulling or rotating (provided for in subheading 8301.40.60) | Free | No change | No change | On or before 12/31/2023” |
.
108078.

Vent mounted magnetic mobile phone holder for automobiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.83 | Hands-free cell phone mounts of base metal, suitable for mounting cell phones to the air vents of motor vehicles, each with a 25 mm diameter polished steel ball securely mounted on an aluminum die cast base containing a two-prong lever-release clip and a ring-shaped magnet socket filled with a silicone pad (provided for in subheading 8302.30.30) | 1.3% | No change | No change | On or before 12/31/2023” |
.
108079.

Dash mounted magnetic mobile phone holder for automobiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.84 | Hands-free cell phone mounts of base metal, suitable for mounting cell phones to the dashboard of motor vehicles, each with of a 25 mm diameter polished steel ball securely mounted on a machined aluminum base with adhesive material and a ring-shaped magnet socket filled with a silicone pad (provided for in subheading 8302.30.30) | 0.9% | No change | No change | On or before 12/31/2023” |
.
108080.

Windshield mounted magnetic mobile phone holder for automobiles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.85 | Hands-free cell phone mounts of base metal, suitable for mounting cell phones to the windshield of motor vehicles, each with a 25 mm diameter polished steel ball securely mounted on a stamped and formed aluminum arm with a 72 mm diameter suction device and a ring-shaped magnet socket filled with a silicone pad (provided for in subheading 8302.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
108081.

Steel latches with plastic plungers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.86 | Steel latches, each measuring 5 cm in length and designed to secure the steps of a recreational vehicle in a locked position, such latches each containing a plunger of plastic measuring 1.7 cm by 1.5 cm and a compression spring (provided for in subheading 8302.30.30) | Free | No change | No change | On or before 12/31/2023” |
.
108082.

Non-key-operated door handles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.87 | Non-key-operated door handle assemblies, of base metal, suitable for use with interior or exterior doors, excluding garage, overhead or sliding doors; the foregoing with handles capable of opening a door by pushing, pulling or rotating (provided for in subheading 8302.41.60) | Free | No change | No change | On or before 12/31/2023” |
.
108083.

Curtain rings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.88 | Curtain or drapery rings of base metal, specially designed for use with curtain or drapery rods, presented in sets of 10 rings (provided for in subheading 8302.41.60) | 2.2% | No change | No change | On or before 12/31/2023” |
.
108084.

Brackets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.89 | Brackets of iron or steel, of aluminum or of zinc, such brackets specially designed for use with curtain or drapery rods (provided for in subheading 8302.41.60) | 2.5% | No change | No change | On or before 12/31/2023” |
.
108085.

Curtain rods
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.90 | Telescoping curtain rods of base metal, whether or not presented with mounting hardware (provided for in subheading 8302.41.60) | 1.8% | No change | No change | On or before 12/31/2023” |
.
108086.

Curtain rod hardware
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.91 | Endcaps of base metal, specially designed for use with curtain or drapery rods (provided for in subheading 8302.41.60) | Free | No change | No change | On or before 12/31/2023” |
.
108087.

Curtain tiebacks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.92 | Tiebacks of base metal, specially designed for use with curtains or drapes (provided for in subheading 8302.41.60) | Free | No change | No change | On or before 12/31/2023” |
.
108088.

Curtain rod finials
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.93 | Finials of base metal, specially designed for use with curtain or drapery rods (provided for in subheading 8302.41.60) | Free | No change | No change | On or before 12/31/2023” |
.
108089.

Curved shower rods
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.94 | Curved shower rods of stainless steel and aluminum, each capable of being installed by tension or by mounting with wall brackets (provided for in subheading 8302.41.60) | 0.8% | No change | No change | On or before 12/31/2023” |
.
108090.

Shower hooks and rings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.95 | Shower curtain hooks or rings, the foregoing of aluminum, of iron or steel or of zinc (provided for in subheading 8302.41.60) | Free | No change | No change | On or before 12/31/2023” |
.
108091.

Straight shower rods
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.96 | Straight shower rods, of aluminum or stainless steel, either designed to be mounted by means of tension or incorporating a dual mount permitting the mounting by either tension or by use of a bracket (provided for in subheading 8302.41.60) | 1.1% | No change | No change | On or before 12/31/2023” |
.
108092.

Steel window rods
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.97 | Tension or screw-mount curtain or drapery rods, made of closed tubing of steel (provided for in subheading 8302.41.60); the foregoing other than telescoping curtain rods of base metal | Free | No change | No change | On or before 12/31/2023” |
.
108093.

Antitheft steel cases with digital locks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.98 | Reinforced safes of welded steel, each weighing 11.8 kg or less, valued $19 or more but not over $38, with digital lock (provided for in heading 8303.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108094.

Stainless steel hose kits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.29.99 | Mechanical kits each containing flexible hoses of base metal with fittings, clamps, manifolds and other hardware designed for use with machines and apparatus of subheading 8486.20.00 (provided for in subheading 8307.10.30) | Free | No change | No change | On or before 12/31/2023” |
.
108095.

Stainless steel hoses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.01 | Flexible stainless steel hoses with fittings, designed for used with machines and apparatus of subheading 8486.20.00 (provided for in subheading 8307.10.30); the foregoing not presented in kits containing goods described in other subheadings | Free | No change | No change | On or before 12/31/2023” |
.
108096.

Wrist watch strap buckles not over 18 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.02 | Buckles of stainless steel, of a kind used for wrist watch straps measuring not over 18 mm (provided for in subheading 8308.90.60) | Free | No change | No change | On or before 12/31/2023” |
.
108097.

Wrist watch strap buckles over 18 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.03 | Buckles of stainless steel, of a kind used for wrist watch straps measuring over 18 mm (provided for in subheading 8308.90.60) | Free | No change | No change | On or before 12/31/2023” |
.
108098.

Used cylinder heads
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.04 | Used cast-iron cylinder heads designed for use in spark-ignition internal combustion piston engines (provided for in subheading 8409.91.99) | 0.8% | No change | No change | On or before 12/31/2023” |
.
108099.

Cylinder heads used solely or principally with certain engines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.05 | Cast-iron cylinder heads for use solely or principally with engines of heading 8708, such engines designed to be installed in vehicles classifiable in subheading 8701.20 or 8704.23 and with bore greater than 126 mm (provided for in subheading 8409.99.91) | Free | No change | No change | On or before 12/31/2023” |
.
108100.

Engine blocks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.06 | Engine blocks, each weighing over 272 kg but not over 317 kg, for compression-ignition internal combustion piston engines (diesel or semi-diesel engines), such engines each having a cylinder capacity of approximately 12.4 liters and for vehicles of subheading 8701.20 or 8704.23 (provided for in subheading 8409.99.91) | Free | No change | No change | On or before 12/31/2023” |
.
108101.

Swirler assemblies for turbines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.07 | Swirler assemblies, designed to be used in non-aircraft gas turbines (provided for in subheading 8411.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
108102.

Barrels for fuel mixing
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.08 | Barrels of nickel alloy, for fuel mixing within non-aircraft gas turbines of heading 8411 (provided for in subheading 8411.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
108103.

Injector assemblies for certain turbines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.09 | Injector assemblies of fuel injection components, designed to deliver fuel in the combustion system for use in non-aircraft gas turbines of heading 8411 (provided for in subheading 8411.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
108104.

Stem assemblies for certain turbines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.10 | Fuel tube air-swirlers forming stem assemblies of nickel alloys and stainless steel for use in non-aircraft gas turbines of heading 8411 (provided for in subheading 8411.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
108105.

Tip assemblies for non-gas turbines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.11 | Tip assemblies of nickel alloy, for use in non-aircraft gas turbines of heading 8411 (provided for in subheading 8411.99.90) | Free | No change | No change | On or before 12/31/2023” |
.
108106.

High pressure fuel pumps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.12 | High pressure fuel pumps, each incorporating a dual layered damper enclosed with a multi-step stamped cover to aid in stabilizing pressure, certified by the importer to be used in regulating the fuel supply into the fuel rail, designed for use in gasoline direct injection (GDI) spark-ignition internal combustion piston engines (provided for in subheading 8413.30.90); the foregoing other than used goods | 1.3% | No change | No change | On or before 12/31/2023” |
.
108107.

Dry scroll vacuum pumps 364x333x485 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.13 | Dry scroll vacuum pumps, measuring approximately 364 mm in height, 333 mm in width and 485 mm in length, valued over $1,000 each (provided for in subheading 8414.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108108.

Dry scroll vacuum pumps 297x260x420 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.14 | Dry scroll vacuum pumps, measuring approximately 297 mm in height, 260 mm in width and 420 mm in length, valued over $1,000 each (provided for in subheading 8414.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108109.

Dry scroll vacuum pumps 254x260x420 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.15 | Dry scroll vacuum pumps, each measuring approximately 254 mm in height, 260 mm in width and 420 mm in length and valued over $1,000 (provided for in subheading 8414.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108110.

Dry scroll vacuum pumps 181x140x358 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.16 | Dry scroll vacuum pumps, each measuring approximately 181 mm in height, 140 mm in width and 358 mm in length and valued over $1,000 (provided for in subheading 8414.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108111.

Turbomolecular vacuum pumps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.17 | Turbomolecular vacuum pumps, valued over $1,000 each (provided for in subheading 8414.10.00) | 0.2% | No change | No change | On or before 12/31/2023” |
.
108112.

Rotary vane vacuum pumps valued over $500 each
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.18 | Rotary vane vacuum pumps, incorporating vanes mounted to a rotor inside a cavity, such pumps valued over $500 each (provided for in subheading 8414.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108113.

Vacuum diffusion pumps valued over $900 each
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.19 | Vacuum diffusion pumps, using a high speed jet of vapor to direct gas molecules, valued over $900 each (provided for in subheading 8414.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108114.

Hand- or foot-operated air pumps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.20 | Hand- or foot-operated air pumps (provided for in subheading 8414.20.00) | 2.8% | No change | No change | On or before 12/31/2023” |
.
108115.

Roof vent fans
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.21 | Ventilation fans, designed for permanent installation on the rooftop of recreational and specialty vehicles, each consisting of an electric D/C motor with an output wattage over 9 W but not exceeding 28 W, a plastic fan blade of a diameter between 15.24 cm and 30.48 cm and a base plate (provided for in subheading 8414.51.30) | 2.8% | No change | No change | On or before 12/31/2023” |
.
108116.

12-Amp corded electric leaf blowers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.22 | Electric centrifugal blowers, of a kind used solely or principally for blowing leaves, each with a self-contained AC electric motor not exceeding 12 A and an output not exceeding 1.45 kW (provided for in subheading 8414.59.65) | Free | No change | No change | On or before 12/31/2023” |
.
108117.

Cordless battery powered leaf blowers not exceeding 20 volts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.23 | Centrifugal blowers of a kind used solely or principally for blowing leaves, each powered by a self-contained DC lithium-ion battery not exceeding 20 V and an output not exceeding 0.04 kW (provided for in subheading 8414.59.65) | Free | No change | No change | On or before 12/31/2023” |
.
108118.

Cordless battery powered leaf blowers between 20 and 60 V
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.24 | Centrifugal blowers of a kind used solely or principally for blowing leaves, each powered by a self-contained DC lithium-ion battery greater than 20 V but not exceeding 60 V, and of an output greater than 0.04 kW but not exceeding 0.12 kW (provided for in subheading 8414.59.65) | Free | No change | No change | On or before 12/31/2023” |
.
108119.

Fan assemblies for cab climate systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.25 | Centrifugal fans designed to be used in cab climate systems, for heating, cooling or air circulation units in machinery or vehicles of headings 8429, 8701 or 8704 (provided for in subheading 8414.59.65) | Free | No change | No change | On or before 12/31/2023” |
.
108120.

Aquarium air pumps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.26 | Air pumps designed for use in aquarium tanks having a volume of 3.78 liters or more but not over 1,135.7 liters, such pumps with housings of plastics and feet of rubber, powered by 120 V AC (provided for in subheading 8414.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108121.

Heat pumps for residential use
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.27 | Heat pumps designed for residential use, each with copper piping, an aluminum plate-fin heat exchanger, a rotary inverter compressor and a fan covered with galvanized steel sheets, such pumps measuring between 555 mm and 702 mm in height, between 770 mm and 845 mm in width and between 300 mm and 363 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108122.

Heat pumps (outdoor units) for split air conditioner systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.28 | Heat pumps (outdoor units) designed for use with split air conditioner systems for residential use, such units consisting of copper piping, an aluminum plate-fin heat exchanger, a rotary inverter compressor and a fan, all of which is covered with galvanized steel sheets to form units measuring between 703 mm and 810 mm in height, between 845 mm and 946 mm in width and between 335 mm and 386 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108123.

High-wall indoor units
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.29 | Heat pumps designed for residential use, consisting of a fan coil, electrical circuit boards, electrical components and motors, covered in a molded plastic casing, such heat pumps measuring between 280 mm and 343 mm in height, between 835 mm and 1,186 mm in width and between 198 mm and 258 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108124.

Single-zone outdoor units
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.30 | Heat pumps designed for residential use, each consisting of a rotary compressor, a fan coil and aluminum plate-fin heat exchanger, covered in galvanized steel, such heat pumps measuring between 300 mm and 322 mm in depth, 770 mm in width and 555 mm in height (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108125.

Mini heat pumps for split air conditioner systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.31 | Heat pumps (outdoor units) designed for use with split air conditioner systems for residential use, such units each consisting of copper piping, aluminum plate-fin heat exchanger, a rotary inverter compressor and a pair of fans, all of which is covered with galvanized steel sheets to form units measuring 1,327.15 mm in height, 901.7 mm in width and 400 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108126.

Multi-zone outdoor unit ductless systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.32 | Heat pumps designed for residential use, each consisting of copper piping, aluminum plate-fin heat exchanger, a rotary inverter compressor, a pair of fans and covered in galvanized steel sheets, such heat pumps measuring 1,333 mm in height, 1,045 mm in width and 380 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108127.

Indoor units of split air conditioner systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.33 | Indoor units of split air conditioner systems, designed for use with ducted systems, consisting of motors, pumps and fans covered in steel casing, such units measuring approximately 1,400 mm in width, 447 mm in height and 898 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108128.

Ductless 18000 BTU heat pumps, single zone inverter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.34 | Heat pumps designed for residential use with ductless air conditioning machines, each with a motor, a fan, brazed tubes and aluminum plate-fin heat exchanger and covered in sheet metal, such heat pumps measuring between approximately 551.2 mm and 1,341.12 mm in height, between 779.8 mm and 899.2 mm in width and between 289.6 mm and 680.7 mm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108129.

Single-phase heat pump
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.35 | Heat pumps designed for residential use with both ducted and ductless systems, each with two fans, finned tube and hermetic rotary compressor and covered in galvanized steel, measuring 154.9 cm in height, 101.1 cm in width and 37.1 cm in depth (provided for in subheading 8415.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108130.

Steel vacuum pitchers with plastic hinged lid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.36 | Vacuum insulated thermal pitchers, each with stainless steel interior and exterior, with a capacity exceeding 1 liter but not exceeding 2 liters, measuring approximately 27.9 cm or more but not over 30.5 cm in height, with plastic brew-through lid for direct brewing and plastic spout and handle for pouring, used and marketed for commercial coffee brewers of subheading 8419.81 (provided for in subheading 8419.90.95) | Free | No change | No change | On or before 12/31/2023” |
.
108131.

Oil filters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.37 | Oil filters for use solely or principally with diesel engines, such engines producing 63 kW of power (provided for in subheading 8421.23.00) | Free | No change | No change | On or before 12/31/2023” |
.
108132.

Battery powered nasal irrigators
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.38 | Battery-operated personal nasal irrigators (provided for in subheading 8424.89.90) | Free | No change | No change | On or before 12/31/2023” |
.
108133.

Struts to absorb vibration
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.39 | Spring struts designed to absorb vibration in household- or laundry-type washing machines, such struts each measuring in overall length 350 mm or more but not over 380 mm and in diameter approximately 35 mm or more but not over 40 mm, with 8 mm threads at each end (provided for in subheading 8450.90.60) | Free | No change | No change | On or before 12/31/2023” |
.
108134.

Table saws (25.4 cm.), operable corded and cordless
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.40 | Brushless table saws for working wood, cork, bone, hard rubber, hard plastics or similar hard materials, each capable of being powered by either a 36 V DC lithium-ion battery or by AC power, with blade measuring 25.4 cm (provided for in subheading 8465.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108135.

Sliding miter saws (25.4 cm) with laser, corded and cordless
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.41 | Brushless miter sawing machines, each capable of being powered by either a 36 V DC lithium-ion battery or by AC power, not numerically controlled, for working wood, cork, bone, hard rubber, hard plastics or similar hard materials, with 25.4 cm blade, capable of adjusting bevel of cut, with laser guides and slide rail (provided for in subheading 8465.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108136.

Electromechanical rotary hammers, corded and cordless
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.42 | Rotary hammer tools, of a kind for working in the hand, each with self-contained brushless electromechanical motor, such tools capable of performing drilling and chiseling and of being powered both by a 36 V DC lithium-ion battery and by AC power, with a minimum speed of 260 RPM and a maximum speed of 590 RPM (provided for in subheading 8467.21.00) | 0.9% | No change | No change | On or before 12/31/2023” |
.
108137.

Electromechanical hammer impact drivers, corded and cordless
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.43 | Hand-held brushless electromechanical impact drivers, designed to drive screws at varying speeds, each capable of being powered by a 36 V DC lithium-ion battery or by AC power as required by the user (provided for in subheading 8467.21.00) | Free | No change | No change | On or before 12/31/2023” |
.
108138.

Rotary hammer drill tools with self-contained electric motor
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.44 | Rotary drill and hammer tools with self-contained electric motor, each with pneumatic hammering mechanism designed to engage with carbide drill bits and an electromechanical mechanism that separates the drive from the internal gearings, each with rated amperage that does not exceed 9 A, and with triaxial vibration values, measured in accordance with European Norm 60745, that does not exceed 17 m/s^2 (provided for in subheading 8467.21.00) | 0.5% | No change | No change | On or before 12/31/2023” |
.
108139.

Drill driver tools with self-contained electric motor
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.45 | Drill driver tools with self-contained electric motor, each encased in a rubberized glass-fiber reinforced casing that engages a smooth or slotted shank drill-bit, powered by 10.8 V, 21.6 V or 120 V, with rated amperage that does not exceed 12 A, and with triaxial vibration values, measured in accordance with European Norm 60745, that does not exceed 3.5 m/s^2 (provided for in subheading 8467.21.00) | Free | No change | No change | On or before 12/31/2023” |
.
108140.

Extruders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.46 | Extruders, designed for processing thermoplastics, with a screw size of 6.4 cm or greater (provided for in subheading 8477.20.00) | 2.2% | No change | No change | On or before 12/31/2023” |
.
108141.

Three-dimensional drawing pens
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.47 | Three-dimensional (3D) drawing devices, each with an exterior on/off switch, dual control buttons to activate the device’s motor or control speed of extruding filament, removable metal nozzle and removable maintenance panel, such drawing devices measuring between 10 mm and 50 mm in length and between 5 mm and 20 mm in width (provided for in subheading 8477.80.00) | Free | No change | No change | On or before 12/31/2023” |
.
108142.

Professional grade three-dimensional drawing pens
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.48 | Three-dimensional (3D) drawing devices, each with dual control buttons to activate the device’s motor or control the direction of the extruding filament, an exterior liquid crystal display (LCD), a magnetically affixed removable panel and removable metal nozzle, such drawing devices measuring between 5 cm and 15 cm in length and between 1 cm and 3 cm in width (provided for in subheading 8477.80.00) | Free | No change | No change | On or before 12/31/2023” |
.
108143.

Electric multi-functional blower vacuums
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.49 | Electromechanical appliances capable of blowing, vacuuming and mulching, each with a self-contained AC electric motor not exceeding 12 A and an output not exceeding 1.45 kW (provided for in subheading 8479.89.65) | Free | No change | No change | On or before 12/31/2023” |
.
108144.

Autosamplers (multisamplers) for liquid chromatographs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.50 | Autosamplers (“multisamplers”) for liquid chromatographs, such autosamplers capable of lifting and handling both microliter plates and vials and each measuring approximately 320 mm in height, 468 mm in depth and 396 mm in width (provided for in subheading 8479.89.94) | 0.2% | No change | No change | On or before 12/31/2023” |
.
108145.

Autosamplers (vialsamplers) for liquid chromatographs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.51 | Autosamplers (“vialsamplers”) for liquid chromatographs, such autosamplers capable of lifting and handling only vials and measuring approximately 320 mm in height, 468 mm in depth and 396 mm in width (provided for in subheading 8479.89.94) | 0.5% | No change | No change | On or before 12/31/2023” |
.
108146.

Hydraulic hammer assembly
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.52 | Hydraulic hammers designed for use on backhoes, shovels, clamshells or draglines and suitable for use in demolishing concrete or asphalt (provided for in subheading 8479.89.94) | 2.2% | No change | No change | On or before 12/31/2023” |
.
108147.

Segmented bladder-operated molds, with more than 25-inch rim diameter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.53 | Segmented bladder-operated molds, designed to be used for molding/forming and curing “green tires” with a rim diameter measuring over 63.5 cm (provided for in subheading 8480.79.90), such tires for off-the-road use | Free | No change | No change | On or before 12/31/2023” |
.
108148.

Used valves for directional control
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.54 | Used hydraulic directional control valves (provided for in subheading 8481.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
108149.

Keg spears with pressure release valves
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.55 | Keg spears, each with automatic (not hand operated) relief valve designed to release pressure at approximately 30 bar (provided for in subheading 8481.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108150.

Multiport distribution controllers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.56 | Solenoid actuated valves equipped with multiple apparatus (up to two sub multi-port distribution controllers) for electrical control and 6, 8, 10 or 16 ports for variable refrigerant flow all of which is covered in a galvanized steel plate box with white powder coating, such valves measuring 323.85 mm in height and between 939.8 mm and 1,181.1 mm in width (provided for in subheading 8481.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108151.

Subsea modular trees
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.57 | Subsea trees, each comprising an assembly of valves, capable of regulating and containing the hydrocarbon flow from a well, such trees also capable of preventing the release of hydrocarbons from a well into the environment (provided for in subheading 8481.80.90) | 1.5% | No change | No change | On or before 12/31/2023” |
.
108152.

Flow selector unit-multi-port 6-branch engine crankshafts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.58 | Solenoid actuated control valves consisting of brazed copper pipes and galvanized steel plates, each designed for use with residential heat pumps and fan coils and measuring 215.9 mm in height, 1,056.64 mm in width and 568.96 mm in length (provided for in subheading 8481.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108153.

Engine crankshafts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.59 | Engine crankshafts used in engines under headings 8407 or 8408, such crankshafts weighing between 275 kg and 650 kg, or between 100 kg and 130 kg (provided for in subheading 8483.10.30), the foregoing other than goods described in heading 9902.15.96 | 1.5% | No change | No change | On or before 12/31/2023” |
.
108154.

Turbocharger journal bearings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.60 | Journal bearings, each designed to support and permit free rotation of a rotor within a turbocharger (provided for in subheading 8483.30.80) | Free | No change | No change | On or before 12/31/2023” |
.
108155.

Mid-range bearing housings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.61 | Mid-range bearing housings, shell cast and sand molded, of gray cast iron, machine finished and designed for compression-ignition internal combustion diesel engines with cylinder capacities of 5.9 liters or more but not exceeding 10 liters, each bearing housing with an overall length between 55 mm and 135 mm and weighing at least 6 kg but not over 25 kg (provided for in subheading 8483.30.80) | Free | No change | No change | On or before 12/31/2023” |
.
108156.

Heavy duty bearing housings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.62 | Heavy duty bearing housings, shell cast and sand molded of gray cast iron, machine finished, designed for compression-ignition internal combustion diesel engines, such engines with cylinder capacity of 10 liters or more but not exceeding 16 liters, each bearing housing with an overall length between 55 mm and 135 mm and weighing 6 kg or more but not exceeding 25 kg (provided for in subheading 8483.30.80) | Free | No change | No change | On or before 12/31/2023” |
.
108157.

Fixed ration gear boxes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.63 | Fixed ratio gearboxes designed for use with generating sets of heading 8502 (provided for in subheading 8483.40.50) | 2.4% | No change | No change | On or before 12/31/2023” |
.
108158.

Track drive gear boxes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.64 | Track drive gear boxes, designed for use in machinery of heading 8429 or 8436 (provided for in subheading 8483.40.50) | 1.5% | No change | No change | On or before 12/31/2023” |
.
108159.

Swing bearing assembly
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.65 | Geared swing bearing assemblies, of a kind used to rotate the cab of machinery described in subheading 8429.52.10 (provided for in subheading 8483.90.50) | 1.5% | No change | No change | On or before 12/31/2023” |
.
108160.

Gears for use in machinery or within engines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.66 | Transmission timing gears or gear drive gears, the foregoing of alloy steel and designed to be used in machinery or within an engine, such gears each weighing between 1.885 kg and 500 kg, measuring between 30 mm and 505 mm in diameter and between 15 mm and 285 mm in width (provided for in subheading 8483.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
108161.

14Y stepper motors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.67 | Electric DC stepper motors of an output under 18.65 W, measuring between 20 mm and 39 mm in length (provided for in subheading 8501.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108162.

Air door actuators
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.68 | Air door actuator DC motor of an output under 18.65 W for heating, ventilating and air conditioning (HVAC) climate-control systems (provided for in subheading 8501.10.40) | 2.1% | No change | No change | On or before 12/31/2023” |
.
108163.

Servo motors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.69 | Ferrite type DC electric motors, of a kind used to control air temperature in permanently installed heating, ventilation and air conditioning systems in the automotive industry, each motor with an operating voltage ranging between 8 V and 14.5 V (amp side voltage ranging between 10 V and 16 V), ring varistor, brush and D cut output shaft (provided for in subheading 8501.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108164.

DC brushed rhombic winding NdFeb magnet motors, with output under 18.65 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.70 | Electric DC, brushed, ironless core motors with rhombic winding and NdFeB magnets, each motor with an output under 18.65 W and a diameter exceeding 8 mm but not exceeding 15 mm (provided for in subheading 8501.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108165.

DC brushed rhombic winding NdFeB magnet motors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.71 | Electric DC, brushed, ironless core motors with rhombic winding and NdFeB magnets, each motor with an output under 18.65 W and a diameter exceeding 15 mm (provided for in subheading 8501.10.40) | 0.4% | No change | No change | On or before 12/31/2023” |
.
108166.

DC brushed rhombic winding AlNiCo magnet motors, with output under 18.65 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.72 | Electric DC, brushed ironless core motors with rhombic winding and AlNiCo magnets, each motor with an output under 18.65 W (provided for in subheading 8501.10.40) | 0.2% | No change | No change | On or before 12/31/2023” |
.
108167.

DC brushless rhombic winding NdFeB magnet motors, with output under 18.65 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.73 | Electric DC, brushless slotless motors with rhombic winding and NdFeB magnets, each motor with an output under 18.65 W and a diameter exceeding 8 mm (provided for in subheading 8501.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108168.

DC brushed rhombic winding NdFeB magnet motors, with output over 18.65 but not over 37.5 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.74 | Electric DC, brushed, ironless core motors with rhombic winding and NdFeB magnets, each motor with an output of 18.65 W or more but not exceeding 37.5 W (provided for in subheading 8501.10.60) | Free | No change | No change | On or before 12/31/2023” |
.
108169.

DC brushed rhombic winding AlNiCo magnet motors, with output over 18.65 W but not over 37.5 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.75 | Electric DC, brushed ironless core motors with rhombic winding and AlNiCo magnets, each motor with an output of 18.65 W or more but not exceeding 37.5 W (provided for in subheading 8501.10.60) | Free | No change | No change | On or before 12/31/2023” |
.
108170.

DC brushless slotless rhombic winding NdFeB magnet motors output over 18.65 W but not over 37.5 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.76 | Electric DC, brushless slotless motors consisting of rhombic winding and NdFeB magnets, each with an output of 18.65 W or more but not exceeding 37.5 W (provided for in subheading 8501.10.60) | Free | No change | No change | On or before 12/31/2023” |
.
108171.

DC brushed rhombic winding NdFeB magnet motors output over 37.5 W but not over 74.6 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.77 | Electric DC, brushed ironless core motors with rhombic winding and NdFeB magnets, each motor with an output exceeding 37.5 W but not exceeding 74.6 W (provided for in subheading 8501.31.20) | Free | No change | No change | On or before 12/31/2023” |
.
108172.

DC brushless slotless rhombic winding NdFeB magnet motors output over 37.5 W but not over 74.6 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.78 | Electric DC, brushless slotless motors with rhombic winding and NdFeB magnets, each motor with an output exceeding 37.5 W but not exceeding 74.6 W (provided for in subheading 8501.31.20) | Free | No change | No change | On or before 12/31/2023” |
.
108173.

Motors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.79 | Electric DC motors, of an output exceeding 37.5 W but not exceeding 74.6 W (provided for in subheading 8501.31.20); the foregoing excluding brushed ironless core motors or brushless slotless motors containing rhombic winding and NdFeB magnets | 2.6% | No change | No change | On or before 12/31/2023” |
.
108174.

DC motors of an output exceeding 74.6 W but not exceeding 735 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.80 | DC motors of an output exceeding 74.6 W but not exceeding 735 W, weighing 2.6 kg, measuring 155 mm in length, each equipped with an electronic power steering control module with an exterior surface of carbon steel coated on both sides with an aluminum-silicon alloy; where the three phase neutral point is external to the motor and located within the control module as certified by the importer (provided for in subheading 8501.31.40) | 2.5% | No change | No change | On or before 12/31/2023” |
.
108175.

DC motors, of an output exceeding 74.6 W but not exceeding 735 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.81 | DC motors, of an output exceeding 74.6 W but not exceeding 735 W, each valued not over $18 (provided for in subheading 8501.31.40); the foregoing excluding products described in heading 9902.16.07 and DC motors with rhombic winding and NdFeB magnets | 3.3% | No change | No change | On or before 12/31/2023” |
.
108176.

DC brushed rhombic winding NdFeB magnet motors output over 74.6 W but not over 735 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.82 | Electric DC, brushed ironless core motors with rhombic winding and NdFeB magnets, each motor with an output exceeding 74.6 W but not exceeding 735 W (provided for in subheading 8501.31.40); the foregoing excluding products described in heading 9902.16.07 | Free | No change | No change | On or before 12/31/2023” |
.
108177.

DC brushless slotless rhombic winding NdFeB magnet motors output over 74.6 W but not over 735 W
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.83 | Electric DC, brushless slotless motors containing rhombic winding and NdFeB magnets, each motor of an output exceeding 74.6 W but not exceeding 735 W (provided for in subheading 8501.31.40); the foregoing excluding products described in heading 9902.16.07 | Free | No change | No change | On or before 12/31/2023” |
.
108178.

DC motors of an output exceeding 750 W but not exceeding 14.92 kW
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.84 | DC motors of an output exceeding 750 W but not exceeding 14.92 kW, each weighing 3.04 kg or more but not over 3.37 kg, each measuring 187 mm or more in length but not over 198 mm, each equipped with an electronic power steering control module with an exterior surface of carbon steel coated on both sides with an aluminum-silicon alloy, in which the three phase neutral point is external to the motor and located within the control module as certified by the importer (provided for in subheading 8501.32.20) | 2.1% | No change | No change | On or before 12/31/2023” |
.
108179.

DC electric motor for non-aircraft gas turbines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.85 | Electric DC motors of an output exceeding 750 W but not exceeding 14.92 kW, such motors used in non-aircraft gas turbines (provided for in subheading 8501.32.20) | Free | No change | No change | On or before 12/31/2023” |
.
108180.

AC alternators
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.86 | AC alternators with copper windings for diesel engines, gas engines or turbines, each weighing approximately between 57 kg and 250 kg, and rated from 1 kVA to 75 kVA (provided for in subheading 8501.61.00) | Free | No change | No change | On or before 12/31/2023” |
.
108181.

AC alternators with copper windings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.87 | AC alternators with copper windings for diesel engines, gas engines or turbines rated from 75 kVA to 375 kVA (provided for in subheading 8501.62.00) | 1.8% | No change | No change | On or before 12/31/2023” |
.
108182.

Wound stators and rotor assemblies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.88 | Stators and rotors for the goods of heading 8501, for motors over 18.65 W, such motors being used in oilfield electrical submersible pumps (ESPs) (provided for in subheading 8503.00.65) | Free | No change | No change | On or before 12/31/2023” |
.
108183.

Rotors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.89 | Rotors suitable for motors of heading 8501 exceeding 18.65 W but not over 735 W (provided for in subheading 8503.00.65) | Free | No change | No change | On or before 12/31/2023” |
.
108184.

Stators for washing machines, with a 27-tooth design
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.90 | Stators for brushless permanent magnet alternating current three-phase motors exceeding 18.65 W but not exceeding 735 W, with a 27 tooth design, each having a variable speed range of zero to 1,200 revolutions per minute and having the capability of producing starting torque up to 5.7 kg-m; the foregoing stators for use in laundry appliances and each having a helical wrapped lamination, overmolded resin construction, a 4.2 to one tooth length/width ratio, and having the capability of 68 A-weighted decibel sound levels, each stator having a diameter of 260.6 mm and a maximum height of 58 mm (provided for in subheading 8503.00.65) | Free | No change | No change | On or before 12/31/2023” |
.
108185.

Stators for washing machines, with an 18-tooth design
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.91 | Stators for brushless permanent magnet alternating current three-phase motors exceeding 18.65 W but not over 735 W, with an 18 tooth design, each having a variable speed range of zero to 900 revolutions per minute and having the capability of producing starting torque of up to 1.1 kg-m, the foregoing stators each having a nested helical wrapped lamination, an overmolded resin construction, and the capability of 60 A-weighted decibel sound levels, and having a diameter of 208 mm and a height of 45 mm (provided for in subheading 8503.00.65) | Free | No change | No change | On or before 12/31/2023” |
.
108186.

Rotors for washing machines, with a height of 60.8 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.92 | Rotors for brushless permanent magnet alternating current three-phase motors exceeding 18.65 W but not over 735 W, each with 24 poles and a variable speed range of zero to 1,200 revolutions per minute and having the capability of producing starting torque of up to 5.7 kg-m, the foregoing rotors designed for use in a laundry appliance, with an overmolded resin construction and 20 percent contour discreet magnets capable of 68 A-weighted decibel sound levels, with a diameter of 296 mm and a height 60.8 mm (provided for in subheading 8503.00.65) | Free | No change | No change | On or before 12/31/2023” |
.
108187.

Rotors for washing machines, with a height of 49 mm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.93 | Rotors for brushless permanent magnet AC 3-phase motors exceeding 18.65 W but not over 735 W, with 24 poles, a variable speed range of zero to 900 revolutions per minute, producing starting torque of up to 1.1 kg-m, with an overmolded resin construction, designed to mount directly to the transmission input shaft, and including a flux ring for an electro-magnetic shifter, with a diameter of 236 mm and a height 49 mm (provided for in subheading 8503.00.65) | Free | No change | No change | On or before 12/31/2023” |
.
108188.

6 V lead-acid storage batteries
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.94 | 6 V Lead-acid storage batteries, with a maximum length of 17 cm, maximum width of 9 cm and maximum height of 17 cm, of a kind used for the source of power for medical devices (provided for in subheading 8507.20.80) | 0.3% | No change | No change | On or before 12/31/2023” |
.
108189.

12 V lead-acid storage batteries, used for the auxiliary source of power
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.95 | 12 V Lead-acid storage batteries, of a kind used for the auxiliary source of power for burglar or fire alarms and similar apparatus of subheading 8531.10.00 (provided for in subheading 8507.20.80) | 2.5% | No change | No change | On or before 12/31/2023” |
.
108190.

Lead-acid storage batteries, used for wheelchairs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.96 | 12 V Lead-acid storage batteries, of a kind used for the source of power for wheelchairs and mobility scooters of subheading 8713.90.00 (provided for in subheading 8507.20.80) | 3.1% | No change | No change | On or before 12/31/2023” |
.
108191.

12 V lead-acid storage batteries, rated at less than 15 ampere-hours
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.97 | 12 V Lead-acid storage batteries, with a maximum length of 20 cm, maximum width of 10 cm and maximum height of 10 cm, rated at less than 15 ampere-hours, of a kind used for the source of power for medical devices (provided for in subheading 8507.20.80) | 3% | No change | No change | On or before 12/31/2023” |
.
108192.

12 V lead-acid storage batteries, rated at 15 ampere-hours or more
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.98 | 12 V Lead-acid storage batteries, with a maximum length of 35 cm, maximum width of 18 cm and maximum height of 25 cm, rated at 15 ampere-hours or more, of a kind used for the source of power for medical devices (provided for in subheading 8507.20.80) | 3.1% | No change | No change | On or before 12/31/2023” |
.
108193.

Cell box assemblies, weighing 15 kg or more but not over 18 kg
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.30.99 | Lithium-ion battery cell boxes having aluminum cases, of a kind used for electrically powered motorcycles of heading 8711, containing numerous individual lithium-ion battery cells, such cell boxes having a minimum specific energy density of 175 watt-hour per kg, a minimum volumetric specific energy of 380 watt-hour per liter and weighing 15 kg or more but not over 18 kg (provided for in subheading 8507.60.00) | Free | No change | No change | On or before 12/31/2023” |
.
108194.

Cell box assemblies, weighing 30 kg or more but not over 36 kg
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.01 | Lithium-ion battery cell boxes having aluminum cases, of a kind used for electrically powered motorcycles of heading 8711, containing numerous individual lithium-ion battery cells, such cell boxes having a minimum specific energy density of 168 watt-hour per kg, a minimum volumetric specific energy of 370 watt-hour per liter and weighing 30 kg or more but not over 36 kg (provided for in subheading 8507.60.00) | Free | No change | No change | On or before 12/31/2023” |
.
108195.

Cell box assemblies, weighing 36 kg or more but not over 49 kg
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.02 | Lithium-ion battery cell boxes having aluminum cases, of a kind used for electrically powered motorcycles of heading 8711, containing numerous individual lithium-ion battery cells, such cell boxes having a minimum specific energy density of 180 watt-hour per kg, a minimum volumetric specific energy of 385 watt-hour per liter and weighing 36 kg or more but not over 49 kg (provided for in subheading 8507.60.00) | Free | No change | No change | On or before 12/31/2023” |
.
108196.

Cell box assemblies NX
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.03 | Lithium-ion battery cell boxes having aluminum cases, of a kind used for electrically powered motorcycles of heading 8711, containing numerous individual lithium-ion battery cells, such cell boxes having a minimum specific energy density of 210 watt-hour per kg, a minimum volumetric specific energy of 445 watt-hour per liter and weighing 18 kg or more but not over 30 kg (provided for in subheading 8507.60.00) | Free | No change | No change | On or before 12/31/2023” |
.
108197.

Food processors with a capacity greater than 2.9 liters but not exceeding 3.1 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.04 | Electromechanical food processors, of a kind used for domestic purposes, with a self-contained electric motor with a minimum of two speeds and a sealable clear plastic bowl, the foregoing having a capacity greater than 2.9 liters but not exceeding 3.1 liters, each lid being attached to the plastic bowl with a hinge, the foregoing food processors having three paddle buttons, each button featuring an indicator light (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108198.

Food processors with a capacity greater than 1.6 liters but not exceeding 2.2 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.05 | Electromechanical food processors, of a kind used for domestic purposes, with a self-contained electric motor with a minimum of two speeds and a sealable clear plastic bowl, the foregoing having a capacity greater than 1.6 liters but not exceeding 2.2 liters, each lid being attached to the plastic bowl with a hinge, the foregoing food processors having three paddle buttons, each button featuring an indicator light (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108199.

Cordless hand blenders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.06 | Electromechanical cordless handheld food and beverage blending devices, of a kind used for domestic purposes, each with a self-contained electric motor, a non-removable rechargeable lithium ion battery, and a plastic housing with a brushed aluminum trim band; the foregoing blending devices, each having a battery indicator light on the top of the handle, a variable speed control button, a safety lock and a removable stainless steel blending arm (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108200.

Cordless hand mixers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.07 | Electromechanical cordless handheld food mixers, of a kind used for domestic purposes, each with a self-contained motor and a rechargeable lithium ion battery, the foregoing having at least seven speed options, a battery indicator light, and a handle containing a chrome plated speed control lever and a plastic button for ejecting beaters, each food mixer with the ability to stand on one end unassisted (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108201.

Corded hand blenders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.08 | Electromechanical domestic corded handheld food and beverage blending devices, each with a self-contained electric motor and a plastic housing with a brushed aluminum trim band and a removable stainless steel blending arm, the foregoing not having a non-removable rechargeable lithium ion battery (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108202.

Burr coffee grinders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.09 | Electromechanical burr coffee grinders, of a kind used for domestic purposes, each with an aluminum trim band, internal portafilter holder that can accommodate multiple sizes of portafilters, a self-contained electric motor, the foregoing coffee grinders having one clear plastic top storage vessel and one clear plastic bottom storage vessel, having a rotary lever for selecting grind size immediately below the top storage vessel and a grinding enclosure containing a liquid crystal display, control buttons and a rotating knob for selecting desired coffee amount (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108203.

Electric food processors with bowl scraper
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.10 | Electromechanical food processors of a kind used for domestic purposes, each containing an electric motor with an output wattage not exceeding 450 W, a processing bowl with a capacity no greater than 1.9 liters, a twist-locking lid, a built­-in bowl scraper controlled by a rotating handle on the lid, a stainless steel S-blade for chopping and mixing and a reversible disc for slicing and shredding (provided for in subheading 8509.40.00) | 1.2% | No change | No change | On or before 12/31/2023” |
.
108204.

Electric food processors with snap-locking lid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.11 | Electromechanical food processors of a kind used for domestic purposes, each containing an electric motor with an output wattage not exceeding 500 W, a processing bowl with a capacity greater than 1.9 liters but not exceeding 2.88 liters, a lid-locking mechanism incorporating one or more clips, a stainless steel S-blade for chopping and mixing and a blade for slicing and shredding (provided for in subheading 8509.40.00) | 2.6% | No change | No change | On or before 12/31/2023” |
.
108205.

Electric juice extractors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.12 | Electromechanical juice extractors of a kind used for domestic purposes, each containing an electric motor with an output wattage of 800 W or greater, a chute measuring 7.62 cm in width, a pulp bin and a mesh filtering basket with an integrated cutting blade designed to separate pulp from juice (provided for in subheading 8509.40.00) | 3.3% | No change | No change | On or before 12/31/2023” |
.
108206.

Electric drink mixers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.13 | Electromechanical drink mixers of a kind used for domestic purposes, each including two-speed settings, a tiltable mixing head, a stainless steel mixing cup with a capacity no greater than 0.83 liters and no more than one spindle (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108207.

Spiralizing food processors with a capacity equal to or greater than 2.36 liters but not exceeding 2.64 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.14 | Electromechanical food processors of a kind used for domestic purposes, each containing an electric motor with an output wattage not exceeding 450 W, a capacity equal to or greater than 2.36 liters but not exceeding 2.64 liters, a twist-locking lid, spiral blade, ribbon blade, reversible stainless steel disc and stainless steel S-blade attachments (provided for in subheading 8509.40.00), the foregoing without a locking arm designed to secure the lid or a dough kneading blade | Free | No change | No change | On or before 12/31/2023” |
.
108208.

Spiralizing food processors with a capacity equal to or greater than 2.83 liters but not exceeding 3.07 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.15 | Electromechanical food processors of a kind used for domestic purposes, each containing an electric motor with an output wattage not exceeding 450 W, a capacity equal to or greater than 2.83 liters but not exceeding 3.07 liters, a locking arm designed to secure the lid, a pour spout, spiral blade, ribbon blade, reversible stainless steel disk, S-blade and a dough blade designed for kneading (provided for in subheading 8509.40.00), the foregoing not including an attachment designed for dicing | Free | No change | No change | On or before 12/31/2023” |
.
108209.

Dicing food processors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.16 | Electromechanical food processors of a kind used for domestic purposes, each containing an electric motor with an output wattage not exceeding 600 W, a capacity of at least 3.31 liters, a locking arm designed to secure the lid, a pour spout, an attachment designed for dicing, a slicing blade, a shredding disc, a S-blade and a dough blade designed for kneading (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108210.

Compact food processor with smoothie function
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.17 | Electromechanical food processors of a kind used for domestic purposes, each containing an electric motor with an output wattage not exceeding 250 W, a capacity not exceeding 0.94 liters and two clamps designed to secure the lid (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108211.

Juice extractors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.18 | Electromechanical domestic juice extractors, each with a self-contained electric motor with an output wattage not exceeding 1100 W, an 8.89 cm wide chute and a pitcher with a capacity no greater than 1 liter (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108212.

Integrated baby food making systems
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.19 | Integrated baby food making systems, such systems including: (i) an electromechanical nutrient extractor of a kind used for domestic purposes to puree baby food, each with a self-contained electric motor with a maximum output wattage of 200 W and two interchangeable blade assemblies; (ii) an open-topped batch bowl with a capacity of 0.94 liters; (iii) a single-serve, double-handled tip-proof cup with a capacity of 0.29 liters and a twist-off lid; (iv) six single-serve storage cups, each with a capacity of 0.05 liters and twist-off lids with numerical dials; (v) a spatula; and (vi) a freezer tray with a six-cup grid and a lid (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108213.

Electric juice mixers and grinders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.20 | Electromechanical combination food grinders, juicers and mixers of a kind used for domestic purposes, each consisting of a base with a self-contained electric motor with an output wattage not exceeding 1,400 W, a stainless-steel blade assembly, and three interchangeable stainless-steel square jars with a capacity of 0.5 liters or more and not exceeding 1.5 liters, the foregoing with lids fitted with gaskets and locking tabs (provided for in subheading 8509.40.00) | Free | No change | No change | On or before 12/31/2023” |
.
108214.

Ultrasonic humidifiers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.21 | Electromechanical ultrasonic humidifiers, each with self-contained electric motor, of a kind used for domestic purposes, with cool and warm mist, with clean transducer ultrasonic membrane light (provided for in subheading 8509.80.50) | 3.2% | No change | No change | On or before 12/31/2023” |
.
108215.

Automatic litterboxes, valued no more than $100
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.22 | Litterboxes, each with self-contained electric motor powered by an external adapter that plugs into a wall socket or electrical outlet and may have batteries for back-up, such devices which rake and/or disperse cat waste into a compartment after a certain amount of time has passed once the mechanism is triggered by cat entering the litterbox; the foregoing designed for domestic use, valued no more than $100 (provided for in subheading 8509.80.50) | Free | No change | No change | On or before 12/31/2023” |
.
108216.

Electric toothbrushes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.23 | Battery-operated electric toothbrushes (provided for in subheading 8509.80.50) | 3.6% | No change | No change | On or before 12/31/2023” |
.
108217.

Ultrasonic cool/warm mist humidifiers with aromatherapy
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.24 | Ultrasonic humidifiers with self-contained electric motor, with options for warm or cool mist, four output settings, having a 3.785 liter tank capacity, a drawer for aromatherapy oils, with a rectangular base measuring 23.6 cm by 22.1 cm by 23.9 cm, weighing no more than 5 kg empty and valued $15 or more but not over $19 (provided for in subheading 8509.80.50) | 0.8% | No change | No change | On or before 12/31/2023” |
.
108218.

2-in-1 can opener
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.25 | Hand-held battery-operated automatic can openers, each with self-contained electric motor, such can openers with a weight not exceeding 1.36 kg exclusive of extra interchangeable parts or detachable auxiliary devices (provided for in subheading 8509.80.50) | Free | No change | No change | On or before 12/31/2023” |
.
108219.

Food spiralizing devices
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.26 | Food spiralizing devices of a kind used for domestic purposes, designed for use on electromechanical food stand mixers, such devices designed for peeling, coring and slicing fruits and vegetables and capable of cutting such food into spiral strands and shapes, the foregoing with four or more interchangeable cutting blades and a peeling blade (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108220.

Ceramic bowls
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.27 | Ceramic bowls designed for use on electromechanical stand food mixers, each having a capacity greater than 4.5 liters but not exceeding 4.9 liters, the foregoing each having a base with four protrusions designed to interlock with a stand food mixer base (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108221.

Food grinders for certain electromechanical stand food mixers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.28 | Food grinding devices designed for use on electromechanical domestic food stand mixers, each having a molded plastic or metal housing with a singular stainless steel blade, and an auger (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108222.

Pasta press extruders for certain stand food mixers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.29 | Pasta-making devices designed for use on electromechanical domestic stand food mixers, each having a molded plastic housing with metal auger and cutting arm, the foregoing having five interchangeable steel discs for forming various pasta shapes (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108223.

Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 4.2 liters but not exceeding 4.8 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.30 | Stainless steel bowls designed for use on electromechanical stand food mixers, each having a capacity greater than 4.2 liters but not exceeding 4.8 liters (whether or not having a single stainless steel vertically oriented welded handle), the foregoing each having a rolled top edge and welded stainless steel base with four protrusions designed to interlock with a stand food mixer base (provided for in subheading 8509.90.55) | 0.7% | No change | No change | On or before 12/31/2023” |
.
108224.

Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 2.8 liters but not exceeding 3.4 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.31 | Stainless steel bowls designed for use on electromechanical stand food mixers, each having a capacity greater than 2.8 liters but not exceeding 3.4 liters (whether or not having a single stainless steel vertically oriented welded handle), the foregoing each having a rolled top edge and welded stainless steel base with four protrusions designed to interlock with a stand food mixer base (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108225.

Stainless steel bowls for certain electromechanical stand food mixers, with capacity greater than 5.6 liters but not exceeding 8.6 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.32 | Stainless steel bowls designed for use on electromechanical stand food mixers, each having a capacity greater than 5.6 liters but not exceeding 8.6 liters (whether or not having a single stainless steel vertically oriented welded handle), the foregoing each having a rolled edge and two welded stainless steel side brackets with circular holes designed to interlock with the arm of the stand mixer (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108226.

Pasta rollers and cutters for stand food mixers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.33 | Metal pasta rolling and cutting devices designed for use on electromechanical food stand mixers, each not having a molded plastic housing (provided for in subheading 8509.90.55) | 1% | No change | No change | On or before 12/31/2023” |
.
108227.

Glass bowls for certain electromechanical stand food mixers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.34 | Glass bowls designed for use on electromechanical stand food mixers, each having a capacity greater than 4.5 liters but not exceeding 4.9 liters, the foregoing each having a base with four protrusions designed to interlock with a stand food mixer base (provided for in subheading 8509.90.55) | Free | No change | No change | On or before 12/31/2023” |
.
108228.

Body trimmers for detailed hair trimming
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.35 | Hair clippers, with self-contained electric motor, vertical reciprocating stamped stainless steel blade and aluminum housing (provided for in subheading 8510.20.90) | Free | No change | No change | On or before 12/31/2023” |
.
108229.

Hair clipper sets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.36 | Hair clipper sets, with self-contained electric motor, comprised of blade guide combs and one or more hair clippers, wherein at least one clipper is corded, has a non-detachable ground steel blade and is used for human hair, all put up in sets for retail sale, valued at $5 or less (provided for in subheading 8510.20.90) | Free | No change | No change | On or before 12/31/2023” |
.
108230.

Rechargeable trimmers for trimming human hair
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.37 | Hair clipper set, with self-contained electric motor, comprised of blade guide combs, detailers and one or more hair clippers, wherein at least one clipper has a rechargeable lithium-ion battery, a detachable ground steel blade and is used for human hair, all put up in sets for retail sale, valued at $6 or less (provided for in subheading 8510.20.90) | Free | No change | No change | On or before 12/31/2023” |
.
108231.

PCB assemblies for clippers and trimmers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.38 | Subassemblies consisting of a printed circuit board, power connector, rechargeable lithium ion battery and motor, designed for use with hair clippers of subheading 8510.20.90 or shavers of subheading 8510.10.00 (provided for in subheading 8510.90.40) | Free | No change | No change | On or before 12/31/2023” |
.
108232.

LED bicycle wheel spoke lights
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.39 | Bicycle signaling lights, consisting of one light-emitting diode (LED), measuring between 2.54 to 12.192 cm in width and 2.54 to 4.572 cm in height, with mechanism to attach to wheel spokes, each light valued not more than $4 (provided for in subheading 8512.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108233.

Bicycle rear lights
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.40 | Electrical visual signaling equipment of a kind used as taillights on bicycles (provided for in subheading 8512.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108234.

Portable electric lamps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.41 | Portable battery powered, handheld LED lantern, other than lighting equipment of heading 8512, having a collapsible plastic body, measuring not greater than 22 cm in height (provided for in subheading 8513.10.40) | Free | No change | No change | On or before 12/31/2023” |
.
108235.

Space heaters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.42 | Fan-forced, portable electric space heaters, each having a power consumption of not more than 1.5 kW and weighing more than 1.5 kg but not more than 17 kg, whether or not incorporating a humidifier or air filter (provided for in subheading 8516.29.00) | Free | No change | No change | On or before 12/31/2023” |
.
108236.

Microwave ovens with capacity not exceeding 22.5 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.43 | Microwave ovens of a kind used for domestic purposes, each having a capacity not exceeding 22.5 liters (provided for in subheading 8516.50.00) | 1.7% | No change | No change | On or before 12/31/2023” |
.
108237.

Microwave ovens with capacity exceeding 22.5 liters but not exceeding 31 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.44 | Microwave ovens of a kind used for domestic purposes, each having a capacity exceeding 22.5 liters but not exceeding 31 liters (provided for in subheading 8516.50.00) | 1.7% | No change | No change | On or before 12/31/2023” |
.
108238.

Low-profile microwave ovens with electronic opening mechanism and integral range hood
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.45 | Microwave ovens with integral range hoods, of a kind used for domestic purposes, each having a height not exceeding 28 cm and having oven capacity greater than 31 liters but not exceeding 32 liters and containing a glass turntable plate with a diameter greater than 30 cm but not exceeding 31 cm, the foregoing ovens with a width greater than 75 cm but not exceeding 77 cm and having two interior fan motors and an electronic opening mechanism (provided for in subheading 8516.50.00) | Free | No change | No change | On or before 12/31/2023” |
.
108239.

Low-profile microwave ovens with push button opening mechanism and integral range hood
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.46 | Microwave ovens with integral range hoods, of a kind used for domestic purposes, each having a height not exceeding 28 cm, each having oven capacity greater than 31 liters but not exceeding 32 liters and containing a glass turntable plate with a diameter greater than 30 cm but not exceeding 31 cm, the foregoing ovens with a width greater than 75 cm but not exceeding 77 cm, and having a single interior fan motor and a push-button opening system (provided for in subheading 8516.50.00) | Free | No change | No change | On or before 12/31/2023” |
.
108240.

Low-profile microwave ovens with electronic opening mechanism and without a range hood
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.47 | Microwave ovens of a kind used for domestic purposes, each without a range hood, each having oven capacity greater than 31 liters but not exceeding 32 liters, the foregoing containing a glass turntable plate with a diameter greater than 30 cm but not exceeding 31 cm, and an electronic opening mechanism (provided for in subheading 8516.50.00) | Free | No change | No change | On or before 12/31/2023” |
.
108241.

Searing grills
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.48 | Electrothermic grills of a kind used for domestic purposes, each with a maximum temperature of 233 °C (provided for in subheading 8516.60.60); the foregoing excluding goods described in 9902.16.56 | Free | No change | No change | On or before 12/31/2023” |
.
108242.

Automatic drip coffee makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.49 | Electrothermic automatic drip coffee makers of a kind used for domestic purposes, each capable of brewing multiple servings and incorporating a removable water tank with a handle and having a liquid crystal display and control buttons adjacent to the removable water tank, and a brew button in the coffee maker base; the foregoing excluding coffee makers designed for permanent installation into a wall, cabinet or shelf, and excluding coffee makers designed to utilize coffee capsules or pods (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108243.

Espresso machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.50 | Electromechanical espresso makers of a kind used for domestic purposes, each with an aluminum trim band, each incorporating a removable water tank with a handle and having a metal or plastic enclosure containing seven indicator lights and four chrome plated control buttons, the foregoing with two temperature sensors to regulate water temperature (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108244.

Coffee makers with dishwasher safe removable parts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.51 | Automatic drip electric coffeemakers, each with latch-release removable and dishwasher safe water reservoir with a 2.83 liter capacity, brew basket and showerhead, valued not over $19 (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108245.

Single-service coffee makers with milk frothers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.52 | Electrothermic coffee machines of a kind used for domestic purposes, designed to brew single servings using coffee capsules, each having a loading lever containing both stainless steel and plastic and a milk frother with a fold-up power base (provided for in subheading 8516.71.00), the foregoing excluding coffee makers with a removable reservoir | Free | No change | No change | On or before 12/31/2023” |
.
108246.

Electric coffee makers with dual dispensers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.53 | Electrothermic coffee machines of a kind used for domestic purposes, each with two dispensers to allow brewing using capsules and ground coffee, with a spent capsule collection bin and a single removable reservoir with a capacity equal to or greater than 1.65 liters (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108247.

Electric coffee makers for brewing capsules
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.54 | Electrothermic coffee machines of a kind used for domestic purposes, designed to brew using only coffee capsules, each having a loading lever containing both stainless steel and plastic and a removable reservoir with a capacity no greater than 1.18 liters (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108248.

Automatic or manual pour over coffee makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.55 | Electrothermic coffee machines of a kind used for domestic purposes, each capable of brewing multiple servings using an automatic drip or manual pour over with a capacity equal to or greater than 1.89 liters, the foregoing including a glass carafe, a cone-shaped brew basket and a permanent filter (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108249.

Removable reservoir coffeemakers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.56 | Electrothermic automatic drip coffee makers of a kind used for domestic purposes, each capable of brewing multiple servings and incorporating a removable water tank with a handle, the foregoing excluding coffee makers with dome-shaped housing or designed for permanent installation into a wall, cabinet or shelf and excluding coffee makers designed to utilize coffee capsules or pods (provided for in subheading 8516.71.00); the foregoing excluding coffee makers with a brew button in the coffee maker base | Free | No change | No change | On or before 12/31/2023” |
.
108250.

Single serve coffee makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.57 | Electrothermic coffee machines of a kind used for domestic purposes, capable of brewing single servings using coffee capsules or ground coffee, each with not more than one water reservoir with a capacity not exceeding 0.41 liters, the foregoing including a coffee ground filter basket (provided for in subheading 8516.71.00) | 3% | No change | No change | On or before 12/31/2023” |
.
108251.

2-way coffee makers with a 12-cup carafe and a pod brewer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.58 | Electrothermic coffee machines of a kind used for domestic purposes, each with dual dispensers to allow brewing single serving or multiple servings using capsules and ground coffee, a glass carafe with a capacity not exceeding 2.83 liters, and two separate non-removable water reservoirs, the foregoing without a spent capsule collection bin (provided for in subheading 8516.71.00) | 3.2% | No change | No change | On or before 12/31/2023” |
.
108252.

Rapid cold brew and hot coffee makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.59 | Electrothermic coffee machines of a kind used for domestic purposes, designed to brew both cold or hot coffee using coffee grounds with a rotating knob to select between settings (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108253.

Electric kettles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.60 | Electrothermic kettles of a kind used for domestic purposes, each with a stainless-steel construction, 1.7-liter capacity, pop-up lid, removable mesh filters, and a handle having a translucent capacity indicator, the foregoing having a base with digital Liquid Crystal Display (LCD) paneled controls, including variable temperature settings (provided for in subheading 8516.71.00) | Free | No change | No change | On or before 12/31/2023” |
.
108254.

Electric toasters with even-toast feature
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.61 | Electrothermic toasters of a kind used for domestic purposes, each toaster measuring 28.19 cm in length, 17.3 cm in width and 20.32 cm in height and incorporating two single-slice toaster slots measuring 13.7 cm in length at the top of the toaster, with a slide-out crumb tray, the foregoing with a function designed to turn off the center heating element after a certain toasting time has elapsed (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108255.

Electric toasters with 6.5 inch slots
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.62 | Electrothermic toasters of a kind used for domestic purposes, each incorporating two single-slice toaster slots measuring 16.51 cm in length at the top of the oven, the foregoing with a function designed to turn off the center heating element after a certain toasting time has elapsed (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108256.

Electric toasters with 37 mm wide slots, with an under-base cord wrap
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.63 | Electrothermic toasters of a kind used for domestic purposes, each incorporating two single-slice toaster slots measuring 37 mm in width at the top of the oven, with a slide-out crumb tray, under-base cord wrap, toast shade selector and a programmable setting to hold the toast in the slot for three minutes after toasting (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108257.

2- and 4-slot toasters, not having a button to keep toaster contents warm after toasting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.64 | Electrothermic toasters, of a kind used for domestic purposes, with two or four toaster slots, each toaster slot with a width exceeding 3.8 cm but not exceeding 4 cm, the foregoing toasters each having one or two plastic buttons used to eject toaster contents and one or two plastic buttons used to lower power to heating elements for desired toasting; each toaster not having a button to keep toaster contents warm after toasting or a button to defrost, the foregoing toasters having one or two plastic knobs, each knob with no more than five options for selecting different degrees of shading, and a manual lift lever (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108258.

2-slot toasters, with a button to keep toaster content warm after toasting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.65 | Electrothermic toasters, of a kind used for domestic purposes, each with two toaster slots, each toaster slot with a width exceeding 3.8 cm but not exceeding 4 cm, the foregoing toasters each having singular plastic buttons used to defrost, eject toaster contents, lower power to heating elements for desired toasting, and to keep toaster contents warm at the end of a completed toasting cycle, and each toaster having one plastic knob to select up to six varying degrees of shading, and a manual lift lever (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108259.

Electric toasters with double-slice slots
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.66 | Electrothermic toasters of a kind used for domestic purposes, each incorporating two 37 mm wide double-slice toaster slots at the top of the oven, with a slide-out crumb tray, under-base cord wrap, toast shade selector, and a programmable setting to hold the toast in the slot for three minutes after toasting (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108260.

Electric toasters with 37 mm wide slots, with a retractable cord
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.67 | Electrothermic toasters of a kind used for domestic purposes, each incorporating two single-slice toaster slots measuring 37 mm in width at the top of the oven, with a slide-out crumb tray, retractable cord, toast shade selector and a manually activated setting to hold the toast in the slot after toasting (provided for in subheading 8516.72.00) | Free | No change | No change | On or before 12/31/2023” |
.
108261.

Electric pressure cookers rated more than 800 W but not more than 1,000 W, with a capacity of not less than 5 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.68 | Electrothermic pressure cookers of a kind used for domestic purposes, with a capacity of not less than 5 liters and rated from 800 W to 1,000 W (provided for in subheading 8516.79.00); the foregoing excluding pressure cookers with a lift-out steaming rack designed for roasting/steaming, extra lid gasket, measuring cup and paddle and variable temperature settings | 0.1% | No change | No change | On or before 12/31/2023” |
.
108262.

Electric pressure cookers rated more than 1,200 W but not more than 1,400 W, with a capacity of less than 5 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.69 | Electrothermic pressure cookers of a kind used for domestic purposes, with a capacity of less than 5 liters and rated more than 1,200 W but not more than 1,400 W (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108263.

Electric pressure cookers rated more than 1,000 W but not more than 1,200 W, with a capacity of less than 5 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.70 | Electrothermic pressure cookers of a kind used for domestic purposes, with a capacity of less than 5 liters, rated more than 1,000 W but not more than 1,200 W (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108264.

Contoured heating pads
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.71 | Electric heating pads with contoured shape measuring 38.1 cm in height and 60.96 cm in width, with removable waist strap that adjusts up to 2.16 m in circumference, with cut pile knit outer surface and four heat settings, valued not over $12, such heating pads not worn on or about the person (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108265.

Slow cookers with non-stick ceramic coated stoneware
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.72 | Slow cookers with capacity from 5.678 liters to 6.624 liters, each having a stoneware insert with a ceramic-based nonstick coating, a locking gasket glass lid, digital control with three temperature settings and cooking timer, the foregoing valued over $15 but not over $22 (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108266.

Heating pads
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.73 | Electrothermic heating pads of nonwoven polyester with stamp welding, having a power consumption of not more than 50 W and weighing 0.635 kg, measuring 50.8 cm by 60.96 cm; the foregoing with a removable knit 100 percent polyester fleece cover, valued between $15 and $109 (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108267.

Programmable slow cookers with digital display
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.74 | Electrothermic slow cookers of a kind used for domestic purposes, each with a litho-wrapped steel exterior and the following features: (i) a locking glass lid, (ii) a removable oval stoneware cooking pot with a capacity not exceeding 5.68 liters, and (iii) a single digital display with a knob used to control time and temperature settings, the foregoing without a thermometer probe (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108268.

8-Quart electric slow cookers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.75 | Electrothermic slow cookers of a kind used for domestic purposes, each with a litho-wrapped steel exterior and the following features: (i) a non-locking glass lid, (ii) a removable oval stoneware cooking pot, (iii) a volume capacity of 7.57 liters or greater, and (iv) three heat settings (keep warm, low, and high), the foregoing without a digital display or thermometer probe (provided for in subheading 8516.79.00) | 0.1% | No change | No change | On or before 12/31/2023” |
.
108269.

Programmable slow cookers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.76 | Electrothermic slow cookers of a kind used for domestic purposes, each with a litho-wrapped exterior and the following features: (i) non-locking glass lid, (ii) a digital control panel, and (iii) a feature designed to automatically reduce temperature at the end of the cooking cycle, the foregoing without a timer display or thermometer probe (provided for in subheading 8516.79.00) | 0.7% | No change | No change | On or before 12/31/2023” |
.
108270.

Electric slow cookers with locking lid
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.77 | Electrothermic slow cookers of a kind used for domestic purposes, each with a litho-wrapped exterior and the following features: (i) a capacity not exceeding 4.73 liters, (ii) a glass lid, (iii) a removable oval stoneware cooking pot, and (iv) a locking lid (provided for in subheading 8516.79.00); the foregoing without a knob used to control time and temperature settings | 0.8% | No change | No change | On or before 12/31/2023” |
.
108271.

Double flip waffle makers with removable grids
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.78 | Electrothermic rotating waffle makers of a kind used for domestic purposes, each with two sets of double-sided round cooking plates, non-stick removable grids, a drip tray, and a locking handle (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108272.

Ice cream waffle cone and bowl makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.79 | Electrothermic ice cream waffle cone and bowl makers of a kind used for domestic purposes, each with two round non-stick cooking plates (provided for in subheading 8516.79.00), the foregoing including a plastic cone roller and a bowl mold | Free | No change | No change | On or before 12/31/2023” |
.
108273.

Electric breakfast sandwich makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.80 | Electrothermic sandwich cookers of a kind used for domestic purposes, each designed to be used with round bread and incorporating a cooking plate for eggs (provided for in subheading 8516.79.00); the foregoing excluding goods described in heading 9902.16.57 | Free | No change | No change | On or before 12/31/2023” |
.
108274.

Pressure cookers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.81 | Electrothermic pressure cookers of a kind used for domestic purposes, with a stainless-steel construction with a capacity of not less than 5.67 liters and an output wattage not exceeding 1,000 W, a lift-out steaming rack designed for roasting/steaming, extra lid gasket and a measuring cup and paddle, the forgoing with variable temperature settings (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108275.

10-quart programmable slow cookers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.82 | Electrothermic slow cookers of a kind used for domestic purposes with a capacity greater than 7.57 liters but not exceeding 9.46 liters, each with a full-color litho-wrapped exterior, glass lid, removable round aluminum cooking pot, and a digital control display, the foregoing without a thermometer probe (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108276.

Polished stainless steel 1.5-quart tea kettles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.83 | Tea kettles of stainless steel, polished, each with a capacity of 1.41 liters (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108277.

Egg bite makers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.84 | Electrothermic bite-sized egg makers, of a kind used for domestic purposes, each incorporating two circular cooking plates and a removable cover (provided for in subheading 8516.79.00) | Free | No change | No change | On or before 12/31/2023” |
.
108278.

Vacuum steel insulated coffee carafes, of a kind used with deep ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.85 | Vacuum insulated coffee carafes used with commercial coffee machines, with interior and exterior of stainless steel, each with a capacity over 1 liter but not over 2 liters and plastic brew-through lid for direct brewing commercial coffee machines provided for in subheading 8419.81 (provided for in subheading 8516.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
108279.

Vacuum steel insulated carafes for household coffee machines, of a kind used with deep ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.86 | Vacuum insulated carafes for coffee makers of a kind used for domestic purposes, with interior and exterior of stainless steel, each with a capacity over 1 liter but not over 2 liters with brew through top for direct brewing (provided for in subheading 8516.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
108280.

Vacuum steel bodies with inner and outer steel layers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.87 | Vacuum vessel bodies, each with exterior layer of steel and vacuum liner of steel, with a capacity over 2 liters and a bottom port and top opening, the foregoing presented without top cover and bottom base (provided for in subheading 8516.90.90) | Free | No change | No change | On or before 12/31/2023” |
.
108281.

Lamp-holder housings of plastic
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.88 | Lamp-holder housings of plastics, containing sockets for screw-in Edison base (provided for in subheading 8536.61.00) | Free | No change | No change | On or before 12/31/2023” |
.
108282.

660 W, 125 V, lamp-holder with two 15 amp outlets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.89 | Lamp-holders, rated for 660 W and 125 V, each with two 15 amp outlets (provided for in subheading 8536.61.00) | Free | No change | No change | On or before 12/31/2023” |
.
108283.

Combination duplex receptacle/outlet and USB charger, 15–20 amp, 125 V
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.90 | Dual-use electrical wall outlets incorporating one or more built-in Universal Serial Bus (USB) chargers, rated at 15–20 amp and 125 V (provided for in subheading 8536.69.80) | Free | No change | No change | On or before 12/31/2023” |
.
108284.

Range and dryer receptacles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.91 | Electrical receptacles consisting of straight blade outlets for mounting in walls, made of thermoplastic and steel, measuring not more than 3.4 cm in depth, 10.7 cm in height and 6.4 cm in width (provided for in subheading 8536.69.80) | Free | No change | No change | On or before 12/31/2023” |
.
108285.

Residential grade receptacles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.92 | Electrical receptacles of thermoplastic and steel, consisting of two outlets for mounting in walls, each weighing not more than 58.1 g, and measuring not more than 2.5 cm in depth, 10.7 cm in height and 3.4 cm in width (provided for in subheading 8536.69.80) | 1.4% | No change | No change | On or before 12/31/2023” |
.
108286.

Residential and commercial USB receptacles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.93 | Dual-use electrical wall outlets incorporating one or more built-in Universal Serial Bus (USB) chargers, made of a polycarbonate shell with steel framing and screws and internal circuit boards, weighing not more than 136.1 grams, and not exceeding 10.7 cm in height, 4.4 cm in width, and 4.3 cm in depth (provided for in subheading 8536.69.80) | 1.5% | No change | No change | On or before 12/31/2023” |
.
108287.

Power strips
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.94 | 6-outlet power strips of type B sockets of 125 V, with 14 gauge cord measuring 76.2 to 91.44 cm in length, the foregoing without surge protection (provided for in subheading 8537.10.91) | Free | No change | No change | On or before 12/31/2023” |
.
108288.

Surge protectors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.95 | 6-outlet power strips of type B sockets of 125 V, with 14 gauge cord measuring 60.96 to 91.44 cm in length, with 400–10,180 joule rating for surge protection (provided for in subheading 8537.10.91) | Free | No change | No change | On or before 12/31/2023” |
.
108289.

Programmable controllers for architectural lighting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.96 | Programmable controllers for architectural lighting effects and displays, with ethernet, digital visual interface (DVI) and DB9 ports, each in an aluminum enclosure without keyboard, capable of controlling greater than 3,000 control channels of lighting and of pixel mapping light-emitting diode (LED) arrays (provided for in subheading 8537.10.91) | Free | No change | No change | On or before 12/31/2023” |
.
108290.

Electronic modular control panels for generators
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.97 | Programmable electronic modular control panels, designed for monitoring and controlling generators and generating sets of heading 8501 and 8502, operating at a voltage not exceeding 1,000 V, and equipped with electrical control apparatus of heading 8535 or 8536, such as circuit breakers, auxiliary contactors, and relays, which provide a front panel user interface, such as control switches and/or a touch screen, for the electrical control and monitoring of the generator or generating set (provided for in subheading 8537.10.91) | Free | No change | No change | On or before 12/31/2023” |
.
108291.

Power distribution modules and programmable controllers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.98 | Power distribution modules and programmable controllers, for a voltage not exceeding 1,000 V (provided for in subheading 8537.10.91), the foregoing of a kind used with machines and apparatus for the manufacture or inspection of semiconductor devices of subheading 8486.20.00 | Free | No change | No change | On or before 12/31/2023” |
.
108292.

Glass capacitive touchscreen assemblies with LCD
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.31.99 | Capacitive touchscreens bonded to liquid crystal display (LCD), equipped with two or more apparatus of heading 8536, for electric control or the distribution of electricity, consisting of two glass layers bonded by silicon adhesive with attached flexible printed circuit with surface mount technology components, each touchscreen with diagonal measuring between 10 cm and 41 cm (provided for in subheading 8537.10.91) | Free | No change | No change | On or before 12/31/2023” |
.
108293.

Lamps containing deuterium gas without radio-frequency identification (RFID)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.01 | Ultraviolet lamps filled with deuterium gas, each without radio-frequency identification device and valued over $200 (provided for in subheading 8539.49.00) | Free | No change | No change | On or before 12/31/2023” |
.
108294.

Lamps containing deuterium gas with radio-frequency identification (RFID)
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.02 | Ultraviolet lamps filled with deuterium gas, each with radio-frequency identification device and valued over $200 (provided for in subheading 8539.49.00) | Free | No change | No change | On or before 12/31/2023” |
.
108295.

Fiber channel coaxial cables of silver-plated copper conductors and expanded ePTFE dielectrics
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.03 | Fiber channel coaxial cables of silver-plated copper conductors and expanded polytetrafluoroethylene (ePTFE) dielectrics, jacketed with fluoropolymers; such bulk cables having an operating temperature ranging from minus 55 °C to 200 °C (provided for in subheading 8544.20.00) | Free | No change | No change | On or before 12/31/2023” |
.
108296.

Insulated coaxial cables, of a kind used with deep ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.04 | Insulated coaxial cables, each with a polyvinyl chloride outer coating, an outside diameter of 4 mm or more but not over 10 mm, a length of 180 cm or more but not over 270 cm (provided for in subheading 8544.20.00), the foregoing of a kind used with medical ultrasonic scanning apparatus of subheading 9018.12.00 | 1% | No change | No change | On or before 12/31/2023” |
.
108297.

Coaxial cables insulated with ePTFE, vapor sealed, of a kind used with deep ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.05 | Coaxial cables insulated with expanded polytetrafluoroethylene (ePTFE), vapor sealed meeting the requirements of MIL-STD-202, method 122e, as certified by the importer (provided for in subheading 8544.20.00) | 0.6% | No change | No change | On or before 12/31/2023” |
.
108298.

Coaxial cables insulated with ePTFE, non-vapor sealed, of a kind used with deep ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.06 | Coaxial cables insulated with expanded polytetrafluoroethylene (ePTFE), non-vapor sealed (provided for in subheading 8544.20.00) | 3% | No change | No change | On or before 12/31/2023” |
.
108299.

Low speed automotive ethernet USB harnesses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.07 | USB 2.0 cable assemblies for automotive infotainment applications, 30 V AC (RMS)/30 V DC, rated current of 1 amp max/circuit, each with USB 4- or 5-wire cable, with or without drain wire, with USCAR-30 5-circuit plug, inline, or 4-circuit STD A receptacle connectors, solder terminated at both ends, for use as low speed Ethernet components such as in-vehicle databus, display, sensors and cameras (provided for in subheading 8544.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
108300.

High speed autolink cable USB harnesses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.08 | USB 2.0 cable assemblies for automotive infotainment applications, 30 V AC (RMS)/30 V DC, rated current of 1 amp max/circuit, each with USB 4-wire cable, with drain wire, USCAR-30 5-circuit plug or inline, 4-circuit illuminated STD A receptacle connectors, solder terminated at both ends, where the illumination is up to 1.0 FL, fixed or dimmable, for use as low speed Ethernet components such as in-vehicle databus, display, sensors and cameras (provided for in subheading 8544.30.00) | Free | No change | No change | On or before 12/31/2023” |
.
108301.

Insulated electric conductors, of a kind used with extreme ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.09 | Electrical cables and cable bundles for a voltage not exceeding 1,000 V, fitted with connectors (provided for in subheading 8544.42.90), the foregoing of a kind used with Extreme Ultraviolet (EUV) Lithography machines and apparatus for the manufacture of semiconductor devices of subheading 8486.20.00 | 0.9% | No change | No change | On or before 12/31/2023” |
.
108302.

Insulated electric conductors, of a kind used with deep ultraviolet lithography machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.10 | Electrical cables and cable bundles for a voltage not exceeding 1,000 V, fitted with connectors (provided for in subheading 8544.42.90), the foregoing of a kind used with Deep Ultraviolet (DUV) Lithography machines and apparatus for the manufacture of semiconductor devices of subheading 8486.20.00 | Free | No change | No change | On or before 12/31/2023” |
.
108303.

Insulated electric conductors, of a kind used with optical instruments
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.11 | Electrical cables and cable bundles for a voltage not exceeding 1,000 V, fitted with connectors (provided for in subheading 8544.42.90), the foregoing of a kind used with optical instruments and appliances for inspecting semiconductor wafers of 9031.41.00 | Free | No change | No change | On or before 12/31/2023” |
.
108304.

Rings, blocks, and other insulating fittings of quartz
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.12 | Rings, blocks, and other insulating fittings of quartz (provided for in subheading 8547.90.00), the foregoing of a kind used with machines and apparatus for the manufacture or inspection of semiconductor devices of subheading 8486.20.00 | 3.3% | No change | No change | On or before 12/31/2023” |
.
108305.

Front tire splash guards for vehicles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.13 | Front tire splash guards of thermoplastic polyolefin, composed of 85 to 87 percent ethylene propylene and 9 to 11 percent talc (provided for in subheading 8708.29.50) | Free | No change | No change | On or before 12/31/2023” |
.
108306.

Rear tire splash guards for vehicles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.14 | Rear tire splash guards of thermoplastic polyolefin, composed of 85 to 87 percent ethylene propylene and 9 to 11 percent talc (provided for in subheading 8708.29.50) | Free | No change | No change | On or before 12/31/2023” |
.
108307.

Automatic gear boxes
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.15 | Automatic gear boxes used for vehicles of headings 8701 and 8704, other than goods described in heading 9902.17.01, each with 14 speeds and torque ratings of 280 kg/m (provided for in subheading 8708.40.11) | 1.5% | No change | No change | On or before 12/31/2023” |
.
108308.

Suspension systems (struts) for off-highway trucks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.16 | Struts used in suspension systems for vehicles of headings 8704 (provided for in subheading 8708.80.16) | 1.2% | No change | No change | On or before 12/31/2023” |
.
108309.

Suspension system stabilizer bars
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.17 | Suspension system stabilizer bars of alloy steel, weighing between 35 and 44 kg, designed for use in Class 7 and Class 8 heavy duty trucks only (provided for in subheading 8708.80.65) | Free | No change | No change | On or before 12/31/2023” |
.
108310.

Tie rod assemblies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.18 | Tie rod assemblies of steering columns and steering boxes; parts thereof (provided for in subheading 8708.94.75) | 0.4% | No change | No change | On or before 12/31/2023” |
.
108311.

Used axle housings
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.19 | Used axle housings (spindles) for vehicles of heading 8704 (provided for in subheading 8708.99.68) | Free | No change | No change | On or before 12/31/2023” |
.
108312.

Used parts for power trains
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.20 | Used final drive and wheel assemblies for power trains, such final drive and wheel assemblies consisting of planetary gear reduction final drives and wheel assemblies, brake discs or rotors and a wheel hub for vehicles of heading 8704 (provided for in subheading 8708.99.68) | 2% | No change | No change | On or before 12/31/2023” |
.
108313.

Front windshield covers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.21 | Front windshield cover constructed of 100 percent water resistant polyester, having an elastic attachment system, side view mirror covers, wiper protector cover and a dry storage pouch when not in use (provided for in subheading 8708.99.81) | Free | No change | No change | On or before 12/31/2023” |
.
108314.

Expansion chambers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.22 | Expansion chambers, each consisting of a blow molded tube shaped HDPE plastic body, measuring approximately 59.89 cm in width, 73.17 cm in length and 26.46 cm in height, designed for permanent welding to a gasoline or diesel fuel tank body (provided for in subheading 8708.99.81) | Free | No change | No change | On or before 12/31/2023” |
.
108315.

Bicycle racks for car roofs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.23 | Roof mounted bicycle rack trays for motor vehicles, such trays designed to transport bicycles (provided for in subheading 8708.99.81) | 2.4% | No change | No change | On or before 12/31/2023” |
.
108316.

High pressure fuel injector rails
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.24 | High pressure fuel injector rails made of steel alloy used to transport fuel from a pump to fuel injectors on a diesel engine principally used in articles under heading 8702 or 8704 (provided for in subheading 8708.99.81) | Free | No change | No change | On or before 12/31/2023” |
.
108317.

Stand-up bicycles, having both wheels exceeding 63.5 cm in diameter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.25 | Stand-up bicycles each with no seat, no seat tube, and no seat stay, designed to be pedaled by a user in a standing position only, such bicycles having both wheels exceeding 63.5 cm in diameter (provided for in subheading 8712.00.35) | Free | No change | No change | On or before 12/31/2023” |
.
108318.

Elliptical cycles, with wheels not exceeding 63.5 cm in diameter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.26 | Cycles, each either with two wheels or with three wheels and having all wheels exceeding 63.5 cm in diameter; all the foregoing propelled by laterally mounted pedals designed to be pushed in an alternative elliptical step motion (provided for in subheading 8712.00.50) | Free | No change | No change | On or before 12/31/2023” |
.
108319.

Bicycle frames, other than of steel, valued $600 or less
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.27 | Bicycle frames, other than of steel, valued not over $600 each (provided for in subheading 8714.91.30) | 2.8% | No change | No change | On or before 12/31/2023” |
.
108320.

Internal gear bicycle hubs, other than two or three speeds
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.28 | Variable speed internal gear hubs for bicycles, other than two or three speed hubs (provided for in subheading 8714.93.28) | Free | No change | No change | On or before 12/31/2023” |
.
108321.

Bicycle pedals other than clipless pedals
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.29 | Flat pedals and parts thereof (provided for in subheading 8714.96.10); the foregoing excluding clipless bicycle pedals and parts thereof | 5.7% | No change | No change | On or before 12/31/2023” |
.
108322.

Clipless bicycle pedals and parts thereof
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.30 | Clipless bicycle pedals and parts thereof (provided for in subheading 8714.96.10) | 3.8% | No change | No change | On or before 12/31/2023” |
.
108323.

Carbon fiber bicycle seatposts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.31 | Seat posts of carbon fiber, such seat posts designed for use on bicycles (provided for in subheading 8714.99.80) | 1% | No change | No change | On or before 12/31/2023” |
.
108324.

Bicycle handlebar tape, other than silicon or leather tape
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.32 | Handlebar tape, other than of silicon or of leather, such tape designed for use on bicycles (provided for in subheading 8714.99.80) | 4.2% | No change | No change | On or before 12/31/2023” |
.
108325.

Trailer cycles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.33 | Trailer cycles with a steel or aluminum frame, a single wheel measuring approximately 50-52 cm, a seat, a crankset, pedals and a handlebar designed for child riders (provided for in subheading 8714.99.80) | Free | No change | No change | On or before 12/31/2023” |
.
108326.

Dropper seatposts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.34 | Bicycle seatposts of aluminum with an internal mechanism to adjust saddle height while riding using a remote lever control (provided for in subheading 8714.99.80) | 5% | No change | No change | On or before 12/31/2023” |
.
108327.

Bicycle fenders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.35 | Bicycle fenders other than of steel (provided for in subheading 8714.99.80) | Free | No change | No change | On or before 12/31/2023” |
.
108328.

Bicycle handlebars
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.36 | Bicycle handlebars, other than steel bicycle handlebars with a stem clamp diameter of 25.4 millimeters or less (provided for in subheading 8714.99.80) | 5.6% | No change | No change | On or before 12/31/2023” |
.
108329.

Multi-functional steel carts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.37 | Multi-functional carts of steel, not mechanically propelled, each with a capacity less than 0.125 cubic meters, such carts designed to function as a combined dolly, wheelbarrow and work cart (provided for in subheading 8716.80.50) | Free | No change | No change | On or before 12/31/2023” |
.
108330.

Non-mechanically propelled industrial hand truck
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.38 | Four wheeled non-motorized carts constructed primarily of base metal, such carts designed to move lithography equipment modules, apparatus and parts thereof (provided for in subheading 8716.80.50) | 0.3% | No change | No change | On or before 12/31/2023” |
.
108331.

Moving dollies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.39 | Moving dollies, of hardwood, not mechanically propelled, measuring greater than 45.72 cm but not exceeding 76.2 cm in length, and greater than 30.48 cm but not exceeding 45.72 cm in width; each mounted on casters with a diameter not exceeding 8 cm, such dollies valued not over $9 each (provided for in subheading 8716.80.50) | 3.1% | No change | No change | On or before 12/31/2023” |
.
108332.

Paragliders, paraglider wings and paraglider harnesses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.40 | Paragliders, paraglider wings, and paraglider harnesses (provided for in heading 8804.00.00) | Free | No change | No change | On or before 12/31/2023” |
.
108333.

Sailing catamarans and power catamarans
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.41 | Sailboats, for pleasure or sports, with an auxiliary motor, exceeding 9.2 m in length (provided for in subheading 8903.91.00) | 1.2% | No change | No change | On or before 12/31/2023” |
.
108334.

Projection lenses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.42 | Projection lenses, each with focal length of 5.2 mm or more but not over 165.0 mm, throw ratio of 0.28:1 or more but not over 12:1 and focus range optical 0.45 m or more but not over 40 m, the foregoing not exceeding 15 kg in weight (provided for in subheading 9002.11.40) | Free | No change | No change | On or before 12/31/2023” |
.
108335.

Mounted optical lenses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.43 | Mounted optical lenses of molded plastic or optically worked glass, measuring between 15 mm and 25 mm in height and between 10 mm and 14 mm in diameter, such lenses mounted in a barrel of brass, aluminum or similar metal (provided for in subheading 9002.11.90) | Free | No change | No change | On or before 12/31/2023” |
.
108336.

Objective lenses for broadcast cameras
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.44 | Objective lenses with a B4 mount, such lenses for cameras with 11 mm diagonal sensors (provided for in subheading 9002.11.90) | 1.1% | No change | No change | On or before 12/31/2023” |
.
108337.

Objective lenses for cinema cameras
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.45 | Objective lenses with a positive lock mount for cameras with diagonal sensors of more than 28 mm but less than 46 mm (provided for in subheading 9002.11.90) | Free | No change | No change | On or before 12/31/2023” |
.
108338.

Magnifying spectacles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.46 | Magnifying spectacles consisting of spectacle frames with convex lenses worn to enlarge images (provided for in subheading 9004.90.00) | Free | No change | No change | On or before 12/31/2023” |
.
108339.

LCD television panel assemblies, with a video display measuring over 175.26 cm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.47 | Liquid crystal display (LCD) television panel assemblies, each with a video display diagonal measuring over 175.26 cm (provided for in subheading 9013.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108340.

LCD television panel assemblies, with a video display measuring over 149.86 cm but not over 175.26 cm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.48 | Liquid crystal display (LCD) television panel assemblies, each with a video display diagonal measuring over 149.86 cm but not over 175.26 cm (provided for in subheading 9013.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108341.

LCD television panel assemblies, with a video display measuring over 139.7 cm but not over 149.86 cm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.49 | Liquid crystal display (LCD) television panel assemblies, each with a video display diagonal measuring over 139.7 cm but not over 149.86 cm (provided for in subheading 9013.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108342.

LCD television panel assemblies, with a video display measuring over 137.16 cm but not over 139.7 cm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.50 | Liquid crystal display (LCD) television panel assemblies, each with a video display diagonal measuring over 137.16 cm but not over 139.7 cm (provided for in subheading 9013.80.90) | Free | No change | No change | On or before 12/31/2023” |
.
108343.

Housings designed for infrared lenses
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.51 | Lens housings of aluminum alloy, with or without anodization, designed for infrared lenses with diameters not less than 10 mm and not more than 100 mm (provided for in subheading 9013.90.80) | Free | No change | No change | On or before 12/31/2023” |
.
108344.

Electronic temperature indicators, weighing 14.2 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.52 | Electrical data monitors, of a kind used to measure ambient temperature, each designed for single use, with customizable alarm settings, liquid crystal display (LCD) screen, enclosed in plastic housing measuring 4.1 cm by 4.9 cm by 0.8 cm, weighing 14.2 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108345.

Electronic temperature indicators, weighing 64.4 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.53 | Electrical data monitors, of a kind used for measuring ambient temperatures and designed for single use, each with a programmable alarm and liquid crystal display (LCD) screen, enclosed in a plastic housing, measuring 98.9 mm in length, 58 mm in width, 17.7 mm in height and weighing 64.4 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108346.

Electronic temperature indicators, weighing 430 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.54 | Electrical data monitors, each with sensors to measure temperature, light, motion, and jamming detection, and capable of transmitting such data using cellular 3G networks, each with a liquid crystal display (LCD), encased in a plastic housing, measuring 132.05 mm in height, 148.07 mm in width, 25.2 mm in diameter, containing a 10.4 Ahr lithium ion battery, and weighing 430 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108347.

Global cargo trackers, weighing 660 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.55 | Electrical data monitors, each with sensors to monitor location, temperature, light, motion and jamming detection, capable of transmitting such data using cellular 3G networks, with a liquid crystal display (LCD) encased in a plastic housing, measuring 170.05 mm in height, 148.01 mm in width, 26.72 mm in diameter, containing a 20.8 Ahr lithium ion battery, and weighing 660 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108348.

Temperature data monitors, weighing 115 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.56 | Electrical data monitors, each with sensors to measure temperature, light and location and each capable of transmitting such data using cellular 2G networks, of a kind used in the transportation of goods, enclosed in a plastic housing measuring 101 mm by 65 mm by 29 mm, weighing 115 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108349.

Temperature data monitors, weighing 138.9 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.57 | Electrical data monitors, each with sensors to measure temperature, light and location and each capable of transmitting such data using cellular 3G networks, of a kind used in the transportation of goods, enclosed in a plastic housing measuring 101 mm by 65 mm by 29 mm, weighing 138.9 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108350.

Temperature data monitors, weighing 133.2 g
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.58 | Electrical data monitors, each with sensors to measure temperature, light and location and each capable of transmitting such data using cellular 2G networks, of a kind used in the transportation of goods, enclosed in a plastic housing measuring 101 mm by 65 mm by 29 mm, weighing 133.2 g (provided for in subheading 9025.80.10) | Free | No change | No change | On or before 12/31/2023” |
.
108351.

Parts and accessories of bicycle speedometers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.59 | Parts and accessories of bicycle speedometers (provided for in subheading 9029.90.40) | Free | No change | No change | On or before 12/31/2023” |
.
108352.

Wired remote controllers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.60 | Thermostats designed for use with indoor fan coils, each with a screen, six buttons, electrical components and covered in a plastic coating, such thermostats measuring 190.5 mm in length, 287.02 mm in width and 157.5 mm in height (provided for in subheading 9032.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108353.

Analog/digital wrist watches
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.61 | Analog/digital wrist watches (other than those of heading 9101), electrically operated, whether or not incorporating a stop watch facility, such watches having no jewels or only one jewel in the movement and with bracelet other than of textile material or of base metal (provided for in subheading 9102.19.40) | Free | No change | No change | On or before 12/31/2023” |
.
108354.

Mechanical wrist watches
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.62 | Mechanical wrist watches (other than those of heading 9101), with automatic winding, having over 17 jewels in the movement, with bracelet of stainless steel, whether or not gold- or silver-plated (provided for in subheading 9102.21.70) | Free | No change | No change | On or before 12/31/2023” |
.
108355.

Mechanical wrist watches with leather or other band
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.63 | Mechanical wrist watches (other than those of heading 9101), with automatic winding, having over 17 jewels in the movement, such watches with bracelet other than of textile material or of base metal (provided for in subheading 9102.21.90) | Free | No change | No change | On or before 12/31/2023” |
.
108356.

Analog pocket watches
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.64 | Analog pocket watches (other than those of heading 9101), electrically operated, having no jewels or only one jewel in the movement (provided for in subheading 9102.91.40) | Free | No change | No change | On or before 12/31/2023” |
.
108357.

Projection alarm clocks, non-atomic
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.65 | Electrically-operated alarm clocks, such clocks capable of displaying time, date, indoor humidity and indoor temperature, the foregoing including an integrated Universal Serial Bus (USB) charging port and a projection unit that projects time, whether or not also capable of projecting temperature (provided for in subheading 9105.11.40) | Free | No change | No change | On or before 12/31/2023” |
.
108358.

Projection atomic alarm clocks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.66 | Electrically-operated atomic alarm clocks, such clocks capable of displaying time, date and temperature, the foregoing including an integrated Universal Serial Bus (USB) charging port and a projection unit that projects both time and temperature (provided for in subheading 9105.11.40) | Free | No change | No change | On or before 12/31/2023” |
.
108359.

Analog wall clocks without thermometer, hygrometer, or barometer gauges
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.67 | Analog wall clocks, each with a diameter measuring between 35 cm to 62 cm (provided for in subheading 9105.21.80), the foregoing without thermometer, hygrometer or barometer gauges | Free | No change | No change | On or before 12/31/2023” |
.
108360.

Analog clocks with thermometer and hygrometer
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.68 | Analog clocks, each with a temperature gauge and a humidity gauge and a diameter measuring between 20 cm and 62 cm (provided for in subheading 9105.21.80) | Free | No change | No change | On or before 12/31/2023” |
.
108361.

Atomic analog wall clocks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.69 | Electrically operated atomic wall clocks, designed to receive phase-modulated time code, the foregoing each with a stainless steel frame measuring approximately 35.56 cm in diameter and an analog display (provided for in subheading 9105.21.80) | Free | No change | No change | On or before 12/31/2023” |
.
108362.

Atomic digital clocks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.70 | Electrically-operated atomic clocks, each with one or more opto-electronic displays to provide time, date and temperature, whether or not such clocks have an alarm function or a moon phase display; the foregoing each with openings on the back for wall-mounting and a pull-out stand for placement on flat surfaces (provided for in subheading 9105.91.40) | Free | No change | No change | On or before 12/31/2023” |
.
108363.

Analog kitchen timers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.71 | Analog kitchen timers, not battery or AC powered, each with dimensions not exceeding 6 cm by 12 cm by 24 cm, such timers designed to count down from 60 minutes and shut off automatically (provided for in subheading 9106.90.85) | Free | No change | No change | On or before 12/31/2023” |
.
108364.

Wrist watch movements having over one jewel and less than 7 jewels
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.72 | Complete watch movements, unassembled, having over one jewel but not over 7 jewels, measuring less than 33.8 mm in diameter (provided for in subheading 9110.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108365.

Watch movements having over 7 jewels and under 17 jewels
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.73 | Complete watch movements, unassembled, having over 7 jewels but not over 17 jewels, measuring less than 33.8 mm in diameter (provided for in subheading 9110.11.00) | Free | No change | No change | On or before 12/31/2023” |
.
108366.

Watch cases or “bodies” over 41 mm in diameter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.74 | Watch cases of stainless steel, other than gold- or silver-plated, each measuring over 41 mm in width or diameter (provided for in subheading 9111.20.40) | Free | No change | No change | On or before 12/31/2023” |
.
108367.

Watch cases or “bodies” not over 41 mm in diameter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.75 | Watch cases of stainless steel, other than gold- or silver-plated, each measuring not over 41 mm in width or diameter (provided for in subheading 9111.20.40) | Free | No change | No change | On or before 12/31/2023” |
.
108368.

Watch case bezels, backs, and centers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.76 | Watch case bezels, backs and centers, the foregoing not of precious metal or of metal clad with precious metal (provided for in subheading 9111.90.50) | Free | No change | No change | On or before 12/31/2023” |
.
108369.

Watch case parts
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.77 | Parts of watch cases, not of precious metal or of metal clad with precious metal, the foregoing other than watch bezels, backs and centers (provided for in subheading 9111.90.70) | Free | No change | No change | On or before 12/31/2023” |
.
108370.

Stainless steel watch bracelets
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.78 | Watch bracelets of stainless steel, whether or not gold- or silver-plated, valued over $100 per dozen (provided for in subheading 9113.20.40) | 4.1% | No change | No change | On or before 12/31/2023” |
.
108371.

Watch dials
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.79 | Watch dials, not exceeding 50 mm in width (provided for in subheading 9114.30.40) | 1% | No change | No change | On or before 12/31/2023” |
.
108372.

Watch crowns
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.80 | Watch crowns of stainless steel, each with a diameter greater than 3 mm but not exceeding 10 mm (provided for in subheading 9114.90.40) | Free | No change | No change | On or before 12/31/2023” |
.
108373.

Watch hands
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.81 | Watch hands of brass, designed to indicate hour, minute, second or counter (provided for in subheading 9114.90.40) | Free | No change | No change | On or before 12/31/2023” |
.
108374.

Acoustic guitars
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.82 | Acoustic guitars, valued not over $100 each, excluding the value of the case (provided for in subheading 9202.90.20) | 3.6% | No change | No change | On or before 12/31/2023” |
.
108375.

Console digital pianos
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.83 | Upright console digital pianos, the sound of which is produced, or must be amplified, electrically; each with one 88-key hammer action keyboard and valued at $100 or more (provided for in subheading 9207.10.00) | 4.5% | No change | No change | On or before 12/31/2023” |
.
108376.

Grand digital pianos
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.84 | Grand pianos, digital, each with one 88-key hammer action keyboard and valued $100 or more (provided for in subheading 9207.10.00) | 0.4% | No change | No change | On or before 12/31/2023” |
.
108377.

Electronic 61-key keyboards
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.85 | Electronic 61-key musical single keyboard instruments, each with folding stand and stool, weighing approximately 5.4 kg and valued $48 or more but not over $55 (provided for in subheading 9207.10.00) | Free | No change | No change | On or before 12/31/2023” |
.
108378.

Electric guitars and acoustic/electric guitars
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.86 | Electric guitars, designed to be amplified electronically, valued over $40 but not more than $200 per unit (provided for in subheading 9207.90.00) | 3.7% | No change | No change | On or before 12/31/2023” |
.
108379.

Memory foam travel pillows
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.87 | Travel pillows of viscoelastic polyurethane foam and with cover of polyester fabric, each pillow with a zipper and a hook-and-loop attachment and measuring 10 cm or more but not over 13 cm in height, 21 cm or more but not over 28 cm in length and 21 cm or more but not over 26 cm in width (provided for in subheading 9404.90.20) | Free | No change | No change | On or before 12/31/2023” |
.
108380.

Lighting for wall installation
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.88 | Electrical lighting fittings, of base metal other than of brass, such goods designed for permanent wall installation (provided for in subheading 9405.10.60) | 7% | No change | No change | On or before 12/31/2023” |
.
108381.

Decorative bathroom fan assemblies (lighting fixtures) assemblies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.89 | Decorative bathroom fan globe assemblies (lighting fixtures), with base metal and glass, acrylic or polycarbonate lens or globe, the foregoing designed to be used exclusively for exhaust fan lights (provided for in subheading 9405.10.80) | Free | No change | No change | On or before 12/31/2023” |
.
108382.

Metal household floor lamps
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.90 | Electric household floor standing lamps, of base metal other than brass, each with an E26 socket (provided for in subheading 9405.20.60) | 5.7% | No change | No change | On or before 12/31/2023” |
.
108383.

Solar powered pathway lights, each measuring between 36.8 cm and 42 cm in height
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.91 | Solar powered pathway lights, of base metal other than of brass, having glass lenses, each measuring between 45 cm and 48 cm in height, containing a rechargeable 900 milliampere-hour (mAh) battery and LED lamp (provided for in subheading 9405.40.60) | Free | No change | No change | On or before 12/31/2023” |
.
108384.

Solar powered pathway lights, each measuring between 45 cm and 48 cm in height
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.92 | Solar powered pathway lights, of base metal other than of brass, having glass lenses, measuring between 36.8 cm and 42 cm in height, each containing a rechargeable 800 milliampere-hour (mAh) battery and a light-emitting diode (LED) lamp (provided for in subheading 9405.40.60) | Free | No change | No change | On or before 12/31/2023” |
.
108385.

Exterior exit viewing lights, dual beam
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.93 | Exterior exit viewing lights, of aluminum alloy, round in shape, with a diameter not more than 12.5 cm and a weight not over 0.3 kg, each containing a two light emitting diode, printed circuit board and electrical connector, the foregoing configured to be mounted to the exterior of an aircraft and designed for illuminating the ground contact areas for personnel in the event of an emergency landing (provided for in subheading 9405.40.60) | Free | No change | No change | On or before 12/31/2023” |
.
108386.

LED flameless candles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.94 | Light-emitting diode (LED) flameless pillar-shaped candles, of unscented wax, each incorporating a timer, with realistic flame movement and with remote control (provided for in subheading 9405.40.84) | Free | No change | No change | On or before 12/31/2023” |
.
108387.

Aquarium LED light strands
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.95 | Light-emitting diode (LED) low voltage lighting designed for use with aquarium tanks, each with from one to ten LED modules with three LED arrays, with power source and plastic housing to protect circuitry (provided for in subheading 9405.40.84) | Free | No change | No change | On or before 12/31/2023” |
.
108388.

LED light modules for bathroom fans/lights
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.96 | Light emitting diode (LED) lighting modules, each with DC output between 260 milliampere and 320 milliampere and designed to be used in the manufacture of a bathroom exhaust fan/light (provided for in subheading 9405.40.84) | Free | No change | No change | On or before 12/31/2023” |
.
108389.

Aquarium LED light sticks
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.97 | Light-emitting diode (LED) low voltage light sticks designed for use with aquarium tanks, ranging in length from 4 cm to 70 cm, including single and double light sticks with power source, with LED arrays distributed along the length of the stick, LEDs and circuitry protected by a clear plastic sealed tube (provided for in subheading 9405.40.84) | Free | No change | No change | On or before 12/31/2023” |
.
108390.

Aquarium LED light strips
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.98 | Light-emitting diode (LED) low voltage light strips designed for use with aquarium tanks, having protective housings of plastics or of aluminum, with LED arrays arranged in rows and columns, presented with power source, with plastic lens to protect circuitry (provided for in subheading 9405.40.84) | 1.7% | No change | No change | On or before 12/31/2023” |
.
108391.

Decorative votive candle holders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.32.99 | Decorative candle holders other than of brass, each measuring 5 cm to 17.2 cm in height and 5 cm to 15.25 cm in diameter, weighing 6.2 g or more but not more than 2.7 kg, valued over $0.50 but not over $15 each (provided for in subheading 9405.50.40) | 3.9% | No change | No change | On or before 12/31/2023” |
.
108392.

Candle jar shades
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.01 | Decorative candle holder shades, other than of brass, each designed to fit on the top of a jar style candle holder (provided for in subheading 9405.50.40) | Free | No change | No change | On or before 12/31/2023” |
.
108393.

Non-electrical lighting
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.02 | Non-electrical lamps (luminaires) designed for wall mounting, of base metal other than of brass, each having a glass sleeve; the foregoing not including candle lamps (provided for in subheading 9405.50.40) | 5.8% | No change | No change | On or before 12/31/2023” |
.
108394.

Outdoor garden or patio torches of bamboo construction
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.03 | Outdoor garden torches, each comprising a dried bamboo pole supporting a compartment holding a fuel canister and wick, measuring 0.75 m to 1.6 m in height (provided for in subheading 9405.50.40) | Free | No change | No change | On or before 12/31/2023” |
.
108395.

Outdoor garden or patio torches of non-bamboo construction
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.04 | Outdoor garden torches, of any single material including base metal (other than brass), glass, ceramic or resin or a combination thereof; but not of bamboo; each incorporating a reservoir for fuel and a wick (provided for in subheading 9405.50.40) | 0.8% | No change | No change | On or before 12/31/2023” |
.
108396.

Indoor oil lamps with base of glass or metal
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.05 | Oil lamps, with a base of metal (other than of brass) or of glass, each lamp with wick holder, glass chimney and flat or round wick (provided for in subheading 9405.50.40) | Free | No change | No change | On or before 12/31/2023” |
.
108397.

Outdoor garden torches for tabletop use
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.06 | Outdoor garden torches for tabletop use, such torches of bamboo, metal other than brass, glass, ceramic or resin, each incorporating a woven wick (provided for in subheading 9405.50.40) | Free | No change | No change | On or before 12/31/2023” |
.
108398.

Glass lens arrays for spotlights
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.07 | Glass lens arrays, each molded to form 60 individual lenses on one side, each such lens measuring 10 mm in diameter, with a smooth reverse side, designed for insertion into an LED light fixture (provided for in subheading 9405.91.60) | Free | No change | No change | On or before 12/31/2023” |
.
108399.

Lamp shades
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.08 | Shades for lamps (luminaires), of vegetable fibers (provided for in subheading 9405.99.40) | 4.8% | No change | No change | On or before 12/31/2023” |
.
108400.

Galvanized steel LED downlight housing frames
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.09 | Housing frames of galvanized steel (bare metal), designed for use in light emitting diode (LED) downlights (provided for in subheading 9405.99.40) | 4.8% | No change | No change | On or before 12/31/2023” |
.
108401.

Aluminum cylinders for LED lighting fixtures
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.10 | Cylinders of aluminum, designed for light emitting diode (LED) lighting fixtures (provided for in subheading 9405.99.40) | 4% | No change | No change | On or before 12/31/2023” |
.
108402.

Galvanized steel brackets and plates for LED lighting fixtures
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.11 | Brackets and plates of galvanized steel, designed for use with light emitting diode (LED) lighting fixtures (provided for in subheading 9405.99.40) | 3.5% | No change | No change | On or before 12/31/2023” |
.
108403.

Aluminum LED downlight reflectors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.12 | Reflectors of aluminum, designed for light emitting diode (LED) downlights (provided for in subheading 9405.99.40) | 3.5% | No change | No change | On or before 12/31/2023” |
.
108404.

Outdoor garden torch replacement canisters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.13 | Canisters designed for outdoor garden torches, of base metal other than brass, each incorporating a wick and flameguard (provided for in subheading 9405.99.40) | Free | No change | No change | On or before 12/31/2023” |
.
108405.

Iris subassemblies for moving lights
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.14 | Iris subassemblies, each consisting of two or more parts or pieces fastened or joined together, including an adjustable opening, the foregoing designed for controlling the dimensions of a beam produced by an automated moving light fixture (provided for in subheading 9405.99.40) | Free | No change | No change | On or before 12/31/2023” |
.
108406.

Zoom modules for automated moving lights
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.15 | Zoom modules, each consisting of two or more parts or pieces fastened or joined together, including rails or lenses, such modules each designed for moving the lenses of an automated moving light fixture (provided for in subheading 9405.99.40) | Free | No change | No change | On or before 12/31/2023” |
.
108407.

Golf club heads for fairway woods
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.16 | Golf club heads designed for clubs designated as fairway woods (provided for in subheading 9506.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
108408.

Golf club shafts for putters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.17 | Golf club shafts, designed for use with putters (provided for in subheading 9506.39.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108409.

Steel golf club shafts, other than for putters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.18 | Golf club shafts of steel, other than those designed for use with putters (provided for in subheading 9506.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
108410.

Golf club shaft assemblies
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.19 | Golf club shaft assemblies, each comprising a graphite golf shaft with a grip attached by adhesive tape and a loft adapter attached by glue (provided for in subheading 9506.39.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108411.

Graphite driver golf club shafts, extra stiff flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.20 | Golf club shafts of graphite, designed for use with driver and/or fairway wood clubs, the forgoing measuring from approximately 106.7 cm to 121.9 cm, of extra stiff flexibility as denoted by a letter code of “X” or “TX” imprinted on the shaft (provided for in subheading 9506.39.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108412.

Graphite hybrid golf club shafts, extra stiff flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.21 | Golf club shafts of graphite, designed for use with hybrid clubs, the forgoing measuring from approximately 101.6 cm to 106.6 cm, of extra stiff flexibility as denoted by a letter code of “X” or “TX” imprinted on the shaft (provided for in subheading 9506.39.00), the foregoing other than goods described in any other heading of this chapter | Free | No change | No change | On or before 12/31/2023” |
.
108413.

Graphite irons golf club shafts, extra stiff flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.22 | Golf club shafts of graphite, designed for use with irons, each measuring from approximately 88.9 cm to 101.5 cm, of extra stiff flexibility as denoted by a letter code of “X” or “TX” imprinted on the shaft (provided for in subheading 9506.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
108414.

Graphite driver golf club shafts, regular, senior, adult, or ladies flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.23 | Golf club shafts of graphite, designed for use with driver and/or fairway wood clubs, each measuring from approximately 106.7 cm to 121.9 cm, of regular, light, senior, adult and/or ladies flexibility as denoted by a code of “R”, “L”, “A”, “M”, “AM”, “A/M”, “F2”, “F3”, “5.0”, “5.”, or “Senior” imprinted on the shaft (provided for in subheading 9506.39.00), the foregoing not described in any other heading of this subchapter | 2.3% | No change | No change | On or before 12/31/2023” |
.
108415.

Graphite golf club driver shafts, stiff flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.24 | Golf club shafts of graphite, designed for use with driver and/or fairway wood clubs, each measuring from approximately 106.7 cm to 121.9 cm, of stiff flexibility denoted by a letter code “S”, “SR”, “TS”, “6.0”, “6.5” or “F4” imprinted on the shaft (provided for in subheading 9506.39.00), the foregoing presented without loft adapter | Free | No change | No change | On or before 12/31/2023” |
.
108416.

Graphite hybrid golf club shafts, regular, senior, adult, or ladies flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.25 | Golf club shafts of graphite, designed for use with hybrid clubs, each measuring from approximately 101.6 cm to 106.6 cm, such shafts of regular, light, senior, adult and/or ladies flexibility as denoted by a code of “R”, “L”, “A”, “M”, “AM”, “A/M”, “F2”, “F3”, “5.0”, “5.5” or “Senior” imprinted on the shaft (provided for in subheading 9506.39.00), the foregoing not described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108417.

Graphite hybrid golf club shafts, stiff flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.26 | Golf club shafts of graphite, designed for use with hybrid clubs, the foregoing measuring approximately 101.6 cm to 106.6 cm in length, of stiff flexibility as denoted by a letter code of “S”, “SR”, “TS”, “6.0”, “6.5” or “F4” imprinted on the shaft (provided for in subheading 9506.39.00) | Free | No change | No change | On or before 12/31/2023” |
.
108418.

Graphite irons golf club shafts, regular, senior, adult, or ladies flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.27 | Golf club shafts of graphite, designed for use with irons meaning the foregoing measuring from approximately 88.9 cm to 101.5 cm, each having regular, light, senior, adult, and/or ladies flexibility as denoted by a letter code of “R”, “L”, “A”, “M”, “AM”, “A/M”, “F2”, “F3”, “5.0”, “5.5” or “Senior” imprinted on the shaft (provided for in subheading 9506.39.00)" | 2.9% | No change | No change | On or before 12/31/2023” |
.
108419.

Graphite irons golf club shafts, stiff flex
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.28 | Golf club shafts of graphite, designed for use with irons, each measuring from approximately 88.9 cm to 101.5 cm, of stiff flexibility as denoted by a letter code of “S”, “SR”, “TS”, “6.0”, “6.5”or “F4” imprinted on the shaft (provided for in subheading 9506.39.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108420.

Pickleball paddles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.29 | Pickleball paddles or rackets (provided for in subheading 9506.59.80) | Free | No change | No change | On or before 12/31/2023” |
.
108421.

Pickleballs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.30 | Noninflatable hollow pickleballs, each measuring not over 19 cm in diameter (provided for in subheading 9506.69.40) | Free | No change | No change | On or before 12/31/2023” |
.
108422.

Exercise cycles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.31 | Upright, recumbent and semi-recumbent exercise cycles (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | 4.5% | No change | No change | On or before 12/31/2023” |
.
108423.

Stationary trainers
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.32 | Bicycle stationary trainers, designed to hold bicycles upright and off-ground, each with 2 sections: a front stand with a clamp to attach to a bicycle’s steering column and a molded plastic piece to capture the front wheel, and a rear section that attaches to the bicycle’s rear axle having a resistance unit on which the rear wheel sits (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108424.

Multimodality fitness equipment, without integrated contact grip heart rate monitor
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.33 | Fitness equipment, each with pivoting handles and foot pedals that perform alternating movements which combine the motions of a stepper and an elliptical machine, driving simultaneously a radial fan and magnetic brake in the base, such equipment without integrated contact grip heart rate monitor and weighing less than 90 kg (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108425.

Multimodality fitness equipment with integrated power sensor to measure the user's upper body power input
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.34 | Fitness equipment, each unit with pivoting handles and foot pedals that allow the user to perform alternating movements which combine the motions of a stepper and an elliptical machine, and driving simultaneously a radial fan and magnetic brake in the base; each weighing less than 90 kg and equipped with integrated contact grip heart rate monitor and integrated power sensor to measure the user’s upper body power input (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108426.

Parts and accessories for treadmills
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.35 | Parts and accessories (other than display consoles) of treadmills (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108427.

Parts and accessories for ellipticals
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.36 | Parts and accessories (other than display consoles) of elliptical fitness machines that use a forward and backward pedaling motion with adjustable vertical incline (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108428.

Parts and accessories for stationary exercise cycles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.37 | Parts and accessories (other than display consoles) of stationary exercise cycles (provided for in subheading 9506.91.00) | 1.2% | No change | No change | On or before 12/31/2023” |
.
108429.

Parts and accessories for weight training equipment
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.38 | Parts of and accessories for dumbbells and other weight and strength training equipment (for example, resistance gyms) (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108430.

Parts and accessories for certain exercise equipment machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.39 | Parts of and accessories for (other than display consoles) indoor aerobic fitness equipment, other than such goods for treadmills, stationary exercise cycles and ellipticals using forward and backward pedaling motion with adjustable vertical incline (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108431.

Lateral elliptical machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.40 | Fitness equipment, each with pivoting handles and vertical stationary grips, with suspension pedals that move in a lateral elliptical motion to drive a magnetic resistance assembly in the base, presented with contact grip heart rate monitor (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108432.

Adjustable-weight kettlebells
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.41 | Adjustable-weight kettlebells, each with rotating dial for selecting interlocking integrated weight plates within a designated weight range and presented with a separable base for holding unused weight plates (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108433.

Adjustable-weight barbell
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.42 | Adjustable-weight barbells, each with rotating selection end dials for selecting interlocking, integrated weight plates within a designated weight range, whether or not also including additional weight plates, adjustable-weight curl bar or specially designed stand (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108434.

Exercise cycles with dual-position handgrips
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.43 | Stationary wind-resistance exercise cycles, each with pivoting handlebars with dual-position horizontal handgrips and rotating foot pedals that drive a large, caged axial fan (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108435.

Exercise cycles with single handgrips
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.44 | Stationary wind-resistance exercise cycles, each with pivoting handlebars and single horizontal handgrips, with rotating foot pedals that drive a large, caged axial fan (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | 0.5% | No change | No change | On or before 12/31/2023” |
.
108436.

Upright exercise cycles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.45 | Upright stationary exercise cycles, each having an enclosed magnetic brake system, fitted with connectors for and designed to incorporate a touchscreen console, whether or not presented with the touchscreen console (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108437.

Recumbent exercise cycles with touchscreen consoles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.46 | Recumbent stationary exercise cycles, each having an enclosed magnetic brake system, fitted with connectors for and designed to incorporate a touchscreen console, whether or not presented with such touchscreen console (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108438.

Leaning exercise cycles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.47 | Stationary exercise cycles, each comprising a bicycle component connected to a base frame by pivots designed to partially rotate the bicycle component on a longitudinal axis, moving it side-to-side in response to the shifting weight of the user to simulate the rocking motion of an outdoor road bicycle (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | 1.1% | No change | No change | On or before 12/31/2023” |
.
108439.

Rod gyms, with vertical bench
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.48 | Full-body strength training fitness equipment (home gyms), each incorporating a vertical bench, a removable, adjustable seat, an attached backrest and a detachable leg extension/leg curl attachment, the foregoing each with interchangeable hand grips to connect to a cable and pulley system designed to employ flexible resistance rods, whether or not presented with such flexible rods (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108440.

Rod and resistance gyms, with flat benches
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.49 | Full-body strength training fitness equipment (home gyms), each with flat bench, sliding seat and removable backrest, equipped with interchangeable hand grips to connect to a cable and pulley system designed to employ flexible resistance rods or torsion resistance plates, whether or not presented with rods or plates (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108441.

Foldable treadmills, with LCD consoles with control keypads
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.50 | Foldable treadmills, each with a button-release locking mechanism required for folding the running deck for storage and releasing from the storage position for use, capable of wireless data exchange and incorporating a liquid crystal display console with control keypad (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108442.

Foldable treadmills, with touchscreen consoles measuring 44.5 cm or less
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.51 | Foldable treadmills, each equipped with a button-release locking mechanism required for folding the running deck for storage and releasing from the storage position for use, capable of wireless data exchange and incorporating a touchscreen console having a diagonal display size measuring 44.5 cm or less (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108443.

Indoor cycling machines with wireless data touchscreen displays
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.52 | Stationary indoor cycling exercise cycles, each with a frame designed to simulate the user's body position and pedaling of an outdoor road bicycle, with visible flywheel, equipped with an adjustable magnetic brake to resist rotation of the flywheel, manual emergency braking mechanism and interactive touchscreen display capable of wireless data exchange and two water bottle holders (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108444.

Indoor cycling machines with LCD consoles and two water bottle holders
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.53 | Stationary indoor cycling exercise cycles, each with a frame designed to simulate the user's body position and pedaling of an outdoor road bicycle, with visible flywheel, equipped with an adjustable magnetic brake to resist rotation of the flywheel, manual emergency braking mechanism, liquid crystal display console, wireless data exchange capability and two water bottle holders (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108445.

Indoor cycling machines with LCD consoles and single water bottle holder
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.54 | Stationary indoor cycling exercise cycles, each with frame designed to simulate the user's body position and pedaling of an outdoor road bicycle, with visible flywheel, equipped with an adjustable friction pad brake to resist rotation of the flywheel, manual emergency braking mechanism, liquid crystal display console and single water bottle holder (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | 1.4% | No change | No change | On or before 12/31/2023” |
.
108446.

Recumbent elliptical machines
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.55 | Recumbent seated fitness equipment, each with pivoting closed-loop handles that perform alternating movements and foot pedals that move in an elliptical motion, driving a resistance assembly in the base, with optional-use stationary foot supports for enhanced upper body workout (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108447.

Fitness equipment combining the functions of an elliptical and a stair stepper, weight over 90 kgs
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.56 | Fitness equipment, each with pivoting handles and foot pedals that perform alternating movements combining the motions of a stepper and an elliptical machine, driving simultaneously a radial fan and magnetic brake in the base, equipped with a lever for the manual adjustment of resistance levels, weighing over 90 kgs (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108448.

Foldable treadmills with touchscreen console greater than 44.4 cm
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.57 | Foldable treadmills, each equipped with a button-release locking mechanism required for folding the running deck for storage and releasing the deck from the storage position for use; such treadmills capable of wireless data exchange and each incorporating a touchscreen console having a diagonal display measuring over 44.4 cm (provided for in subheading 9506.91.00) | 0.5% | No change | No change | On or before 12/31/2023” |
.
108449.

Interactive indoor cycling exercise cycles
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.58 | Interactive indoor cycling exercise cycles, capable of wireless data exchange, simulating the movement of outdoor cycling, employing dynamic inertia magnetic resistance and an electromotor brake system within an enclosed plastic four-legged base and incorporating curved drop handlebars with electronic gear shifters, dual interactive air fans, tablet mount and a workout session performance display (provided for in subheading 9506.91.00), the foregoing other than goods described in any other heading of this subchapter | Free | No change | No change | On or before 12/31/2023” |
.
108450.

Multimodality fitness equipment, with integrated contact grip heart rate monitors
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.59 | Fitness equipment, each with pivoting handles and foot pedals that perform alternating movements which combine the motions of a stepper and an elliptical machine, driving simultaneously a radial fan and magnetic brake in the base, the foregoing weighing less than 90 kg and equipped with integrated contact grip heart rate monitor (provided for in subheading 9506.91.00) | Free | No change | No change | On or before 12/31/2023” |
.
108451.

Fishing reels valued not over $2.70 each, pre-spooled, with rod and fishing line
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.60 | Fishing rods, each presented with a fishing reel valued not over $2.70 each, pre-spooled with fishing line, the foregoing put up for retail sale as a complete kit each comprising one rod and one reel (whether or not containing other accessories), with each kit having an aggregate value of no more than $30 (provided for in subheading 9507.30.20) | 5.9% | No change | No change | On or before 12/31/2023” |
.
108452.

Fishing reels valued not over $2.70 each
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.61 | Fishing reels valued not over $2.70 each (provided for in subheading 9507.30.20) | 5.7% | No change | No change | On or before 12/31/2023” |
.
108453.

Hard artificial crankbaits
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.62 | Artificial baits of rigid plastics, each with two or more treble hooks attached and with wire loops at the top or front end for attaching fishing line, such baits shaped to approximate bait fish, whether or not having a plastic lip at the bottom front end, the foregoing put up for retail sale and valued not over $20 each; such goods excluding baits with a blunt front end and excluding baits with a torpedo shape (provided for in subheading 9507.90.70) | 3.8% | No change | No change | On or before 12/31/2023” |
.
108454.

Collapsible big game decoys
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.63 | Foldable decoys, each depicting birds or wildlife, constructed from two or more layers of printed textile fabric of polyester supported by a metal spring band system (provided for in subheading 9507.90.80) | 0.3% | No change | No change | On or before 12/31/2023” |
.
108455.

Vacuum steel hinged lid pitchers, not exceeding 1 liter
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.64 | Insulated thermal pitchers, each with stainless steel interior and exterior, with hinged stainless steel lid, no separate base and a capacity not exceeding 1 liter (provided for in subheading 9617.00.10) | Free | No change | No change | On or before 12/31/2023” |
.
108456.

Vacuum insulated drinkware having a capacity exceeding 1 liter but not exceeding 2 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.65 | Stainless steel vacuum insulated drinkware, double-walled, and complete with cases, having a capacity exceeding 1 liter but not exceeding 2 liters (provided for in subheading 9617.00.30) | 6.1% | No change | No change | On or before 12/31/2023” |
.
108457.

Vacuum insulated drinkware having a capacity exceeding 2 liters but not exceeding 4 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.66 | Stainless steel vacuum insulated drinkware, double-walled, having a capacity exceeding 2 liters but not exceeding 4 liters, complete with cases (provided for in subheading 9617.00.40) | 4.9% | No change | No change | On or before 12/31/2023” |
.
108458.

Vacuum glass lined steel coffee servers over 2 liters
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.67 | Insulated coffee servers, each with exterior of stainless steel and vacuum liner of glass, with a hinged brew-through lid with push-button dispensing, such servers with seamless design and without separate base; the foregoing with capacity over 2 liters (provided for in subheading 9617.00.40) | Free | No change | No change | On or before 12/31/2023” |
.
108459.

Vacuum glass lined steel coffee servers over 2 liters with lever dispensing
Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
| “9902.33.68 | Insulated vacuum coffee servers, each with exterior layer of stainless steel and liner of glass, with a hinged brew-through lid with lever action dispensing, such servers without separate base; the foregoing with capacity over 2 liters (provided for in subheading 9617.00.40) | Free | No change | No change | On or before 12/31/2023” |
.
B

Existing duty suspensions and reductions
108460.

Extension of certain existing duty suspensions and reductions and other modifications
(a)

Extensions
Each of the following headings is amended by striking the date in the effective period column and inserting “12/31/2023”:
(1)
Heading 9902.01.01 (relating to frozen, boiled glutinous corn).
(2)
Heading 9902.01.02 (relating to mustard seed oil).
(3)
Heading 9902.01.03 (relating to unsweetened cocoa powder).
(4)
Heading 9902.01.09 (relating to pepperoncini preserved in brine).
(5)
Heading 9902.01.11 (relating to dried strawberries).
(6)
Heading 9902.01.18 (relating to isododecane).
(7)
Heading 9902.01.22 (relating to nitrosylsulfuric acid).
(8)
Heading 9902.01.24 (relating to sulfamic acid).
(9)
Heading 9902.01.26 (relating to certain spherical particles of silicon dioxide).
(10)
Heading 9902.01.27 (relating to dioxosilane spherical particles (mean particle size 0.007–0.020 mm)).
(11)
Heading 9902.01.29 (relating to certain silicon dioxide spherical particles (mean particle size 28–45 micrometers)).
(12)
Heading 9902.01.33 (relating to thionyl chloride).
(13)
Heading 9902.01.36 (relating to hydroxylamine free base).
(14)
Heading 9902.01.37 (relating to hydroxylamine sulphate).
(15)
Heading 9902.01.40 (relating to tin(IV) oxide).
(16)
Heading 9902.01.41 (relating to ammonium bifluoride).
(17)
Heading 9902.01.46 (relating to potassium bifluoride).
(18)
Heading 9902.01.52 (relating to cesium chloride).
(19)
Heading 9902.01.53 (relating to cesium iodide).
(20)
Heading 9902.01.54 (relating to sodium sulfides).
(21)
Heading 9902.01.55 (relating to sodium thiosulfate).
(22)
Heading 9902.01.57 (relating to sodium hypophosphite).
(23)
Heading 9902.01.58 (relating to monopotassium phosphate).
(24)
Heading 9902.01.59 (relating to ammonium polyphosphate).
(25)
Heading 9902.01.63 (relating to sodium ferrocyanide).
(26)
Heading 9902.01.68 (relating to sodium thiocyanate).
(27)
Heading 9902.01.69 (relating to silver sodium zirconium hydrogenphosphate).
(28)
Heading 9902.01.75 (relating to yttrium oxide).
(29)
Heading 9902.01.76 (relating to ytterbium trifluoride powder).
(30)
Heading 9902.01.77 (relating to titanium hydride).
(31)
Heading 9902.01.79 (relating to lithium aluminum hydride).
(32)
Heading 9902.01.81 (relating to n-butyl chloride).
(33)
Heading 9902.01.82 (relating to 1,6-dichlorohexane).
(34)
Heading 9902.01.83 (relating to allyl bromide).
(35)
Heading 9902.01.84 (relating to DCP).
(36)
Heading 9902.01.86 (relating to o-dichlorobenzene).
(37)
Heading 9902.01.89 (relating to 1,2,4-trichlorobenzene).
(38)
Heading 9902.01.91 (relating to o-chlorobenzyl chloride (oCBC)).
(39)
Heading 9902.01.92 (relating to dichlorotoluene).
(40)
Heading 9902.01.93 (relating to 2-chloro-6-fluorobenzylchloride).
(41)
Heading 9902.01.98 (relating to lithium p-styrenesulfonate).
(42)
Heading 9902.01.99 (relating to monomer used in water treatment).
(43)
Heading 9902.02.01 (relating to para toluene sulfonic acid).
(44)
Heading 9902.02.03 (relating to methanesulfonyl chloride).
(45)
Heading 9902.02.04 (relating to 4-chloro-3,5-dinitrobenzotrifluoride).
(46)
Heading 9902.02.05 (relating to 2-methyl-5-nitrobenzenesulfonic acid).
(47)
Heading 9902.02.06 (relating to triflic acid).
(48)
Heading 9902.02.07 (relating to triflic anhydride).
(49)
Heading 9902.02.08 (relating to potassium perfluoroethyl cyclohexanesulphonate).
(50)
Heading 9902.02.09 (relating to 2-octanol solvent).
(51)
Heading 9902.02.11 (relating to sodium methylate powder).
(52)
Heading 9902.02.12 (relating to magnesium tert-butoxide).
(53)
Heading 9902.02.13 (relating to propargyl alcohol).
(54)
Heading 9902.02.15 (relating to 1,2-pentanediol).
(55)
Heading 9902.02.16 (relating to 2,5-dimethylhexane-2,5-diol).
(56)
Heading 9902.02.19 (relating to α-naphthol).
(57)
Heading 9902.02.21 (relating to 2-phenylphenol).
(58)
Heading 9902.02.22 (relating to Preventol ON extra preservative).
(59)
Heading 9902.02.26 (relating to 2,2′-methylene-bis-(4-methyl-6-tert-butylphenol)).
(60)
Heading 9902.02.27 (relating to 2,2′-(2-methylpropylidene)bis[4,6-dimethyl-phenol]).
(61)
Heading 9902.02.28 (relating to 4,4′-butylidenebis(3-methyl-6-tert-butylphenol)).
(62)
Heading 9902.02.29 (relating to 2,5-bis(1,1-dimethylpropyl)-1,4-benzenediol).
(63)
Heading 9902.02.30 (relating to tris(2′-methyl-4′-hydroxy-5′-t- butylphenyl)butane).
(64)
Heading 9902.02.32 (relating to ortho nitro phenol).
(65)
Heading 9902.02.33 (relating to 3-trifluoromethyl-4-nitrophenol).
(66)
Heading 9902.02.37 (relating to allyl pentaerythritol).
(67)
Heading 9902.02.38 (relating to t-butyl cumyl peroxide).
(68)
Heading 9902.02.39 (relating to dicumyl peroxide).
(69)
Heading 9902.02.40 (relating to cumene hydroperoxide).
(70)
Heading 9902.02.44 (relating to 3,7-dimethylocta-2,6-dienal).
(71)
Heading 9902.02.47 (relating to cyclobutanecarboxaldehyde).
(72)
Heading 9902.02.50 (relating to TBMB).
(73)
Heading 9902.02.51 (relating to 7-hydroxycitronellal).
(74)
Heading 9902.02.52 (relating to 2,4-disulfobenzaldehyde).
(75)
Heading 9902.02.53 (relating to p-(trifluoromethyl)benzaldehyde).
(76)
Heading 9902.02.55 (relating to (E)-4-(2,6,6-trimethyl-1-cyclohexen-1-yl)-3-bute).
(77)
Heading 9902.02.57 (relating to 1,3-cyclohexanedione).
(78)
Heading 9902.02.61 (relating to 5-chloro-1-indanone).
(79)
Heading 9902.02.64 (relating to 2,4-dihydroxybenzophenone).
(80)
Heading 9902.02.67 (relating to amalanthraquine (AAQ)).
(81)
Heading 9902.02.68 (relating to nitroanthraquinone).
(82)
Heading 9902.02.74 (relating to dichloroacetyl chloride).
(83)
Heading 9902.02.79 (relating to dilauroyl peroxide).
(84)
Heading 9902.02.84 (relating to crotonic acid).
(85)
Heading 9902.02.88 (relating to 4-nitrobenzoyl chloride).
(86)
Heading 9902.02.89 (relating to methyl cinnamate).
(87)
Heading 9902.02.90 (relating to peroxide used in silicone rubber).
(88)
Heading 9902.02.91 (relating to oxalic acid).
(89)
Heading 9902.02.96 (relating to himic anhydride).
(90)
Heading 9902.02.99 (relating to BPDA-U).
(91)
Heading 9902.03.06 (relating to hydroxypivalic acid neopentyl glycol ester).
(92)
Heading 9902.03.10 (relating to gallic acid).
(93)
Heading 9902.03.19 (relating to prohexadione calcium).
(94)
Heading 9902.03.21 (relating to Dichlorprop-p).
(95)
Heading 9902.03.22 (relating to 2,4-DB).
(96)
Heading 9902.03.29 (relating to DEDC).
(97)
Heading 9902.03.30 (relating to input for high performance films).
(98)
Heading 9902.03.33 (relating to (+)-abscisic acid).
(99)
Heading 9902.03.38 (relating to tolclofos methyl).
(100)
Heading 9902.03.40 (relating to DMHP).
(101)
Heading 9902.03.42 (relating to antioxidant/stabilizer).
(102)
Heading 9902.03.43 (relating to Fosetyl-Al).
(103)
Heading 9902.03.44 (relating to Perkadox 16).
(104)
Heading 9902.03.48 (relating to 2-ethylhexylamine).
(105)
Heading 9902.03.51 (relating to N,N′-bis(3-aminopropyl)ethylenediamine).
(106)
Heading 9902.03.53 (relating to N,N-diethyl-1,3-propanediamine).
(107)
Heading 9902.03.54 (relating to 2,4-dichloroaniline).
(108)
Heading 9902.03.55 (relating to 4-chloro-2-nitroaniline).
(109)
Heading 9902.03.59 (relating to 2,6-dichloroaniline).
(110)
Heading 9902.03.60 (relating to N-ethyl-N-benzyl aniline).
(111)
Heading 9902.03.62 (relating to p-chloroaniline).
(112)
Heading 9902.03.64 (relating to ethyl benzyl aniline sulfonic acid).
(113)
Heading 9902.03.67 (relating to p-toluidine).
(114)
Heading 9902.03.68 (relating to Benfluralin).
(115)
Heading 9902.03.72 (relating to Butralin).
(116)
Heading 9902.03.73 (relating to 4-amino-3-methylbenzenesulfonic acid).
(117)
Heading 9902.03.74 (relating to 2,4-xylidine).
(118)
Heading 9902.03.75 (relating to mixed xylidines).
(119)
Heading 9902.03.76 (relating to dodecyl aniline mixed isomers).
(120)
Heading 9902.03.78 (relating to amino methyl benzene).
(121)
Heading 9902.03.79 (relating to 2-ethyl-6-methylaniline).
(122)
Heading 9902.03.90 (relating to dipropoxy-p-toluidine).
(123)
Heading 9902.03.95 (relating to RODA).
(124)
Heading 9902.03.96 (relating to 4-methoxy-2-methyldiphenylamine).
(125)
Heading 9902.04.04 (relating to 4-chlorophenylglycine).
(126)
Heading 9902.04.05 (relating to 2-amino-5-sulfobenzoic acid).
(127)
Heading 9902.04.09 (relating to intermediate used in herbicides).
(128)
Heading 9902.04.10 (relating to manganese disodium EDTA).
(129)
Heading 9902.04.11 (relating to sarcosine, sodium salt).
(130)
Heading 9902.04.12 (relating to copper disodium EDTA).
(131)
Heading 9902.04.13 (relating to sodium lauriminodipropinonate).
(132)
Heading 9902.04.18 (relating to lecithin derived from sunflower).
(133)
Heading 9902.04.19 (relating to lecithin derived from soybeans).
(134)
Heading 9902.04.24 (relating to tetra-n-butylurea).
(135)
Heading 9902.04.26 (relating to certain crosslinking agent for powder coatings).
(136)
Heading 9902.04.31 (relating to Linuron).
(137)
Heading 9902.04.32 (relating to carboxyamide function compounds).
(138)
Heading 9902.04.33 (relating to Chlorpropham).
(139)
Heading 9902.04.37 (relating to Zoxamide).
(140)
Heading 9902.04.41 (relating to Cyclanilide).
(141)
Heading 9902.04.44 (relating to Napropamide).
(142)
Holding 9902.04.47 (relating to Mandestrobin technical).
(143)
Heading 9902.04.50 (relating to MMTDCA).
(144)
Heading 9902.04.53 (relating to 2-chloroacetoacetanilide (AAOCA)).
(145)
Heading 9902.04.54 (relating to acetoacetyl-2,5-dimethoxy-4-chloroanilide).
(146)
Heading 9902.04.72 (relating to Cyfluthrin (excluding β-Cyfluthrin)).
(147)
Heading 9902.04.73 (relating to Cypermethrin).
(148)
Heading 9902.04.75 (relating to Alpha-Cypermethrin technical).
(149)
Heading 9902.04.83 (relating to aminoazobenzene-p-sulfonic acid).
(150)
Heading 9902.04.91 (relating to Daminozide).
(151)
Heading 9902.04.92 (relating to aminoguanidine bicarbonate).
(152)
Heading 9902.04.95 (relating to p-chlorophenylisocyanate).
(153)
Heading 9902.04.96 (relating to phenylisocyanate).
(154)
Heading 9902.04.99 (relating to Thiobencarb).
(155)
Heading 9902.05.01 (relating to EPTC).
(156)
Heading 9902.05.02 (relating to Phosmet).
(157)
Heading 9902.05.06 (relating to active ingredient for fungicide).
(158)
Heading 9902.05.10 (relating to 4,6-bis(octylthiomethyl)-o-cresol).
(159)
Heading 9902.05.11 (relating to 4,4′-thiobis 2-1,1-dimethylethyl-5-methyl-phenol).
(160)
Heading 9902.05.13 (relating to thiobis(6-tert-butyl-4-methylphenol)).
(161)
Heading 9902.05.21 (relating to thioglycolic acid).
(162)
Heading 9902.05.22 (relating to 2-mercaptoethanol).
(163)
Heading 9902.05.30 (relating to triphenylphosphine).
(164)
Heading 9902.05.31 (relating to Fenbutatin oxide).
(165)
Heading 9902.05.33 (relating to ultraviolet dye).
(166)
Heading 9902.05.38 (relating to MSMA).
(167)
Heading 9902.05.55 (relating to Ethofumesate).
(168)
Heading 9902.05.56 (relating to Carbosulfan Technical).
(169)
Heading 9902.05.57 (relating to Helional).
(170)
Heading 9902.05.58 (relating to reaction mixture of (rel-2R,4R)-tetrahydro (pyranol)).
(171)
Heading 9902.05.61 (relating to Fenpyroximate).
(172)
Heading 9902.05.64 (relating to Tolfenpyrad).
(173)
Heading 9902.05.65 (relating to Penflufen).
(174)
Heading 9902.05.75 (relating to Fenamidone).
(175)
Heading 9902.05.81 (relating to Boscalid).
(176)
Heading 9902.05.93 (relating to Triclopyr).
(177)
Heading 9902.05.96 (relating to Mepiquat chloride).
(178)
Heading 9902.05.98 (relating to Saltidin).
(179)
Heading 9902.06.03 (relating to Pyridalyl).
(180)
Heading 9902.06.08 (relating to 2-acetylnicotinic acid).
(181)
Heading 9902.06.09 (relating to light stabilizer).
(182)
Heading 9902.06.12 (relating to 5-methylpyridine-2,3-dicarboxylic acid (5-MPDC)).
(183)
Heading 9902.06.26 (relating to Quinaldine).
(184)
Heading 9902.06.28 (relating to Terbacil).
(185)
Heading 9902.06.29 (relating to Bispyribac sodium).
(186)
Heading 9902.06.36 (relating to Pirimiphos-methyl).
(187)
Heading 9902.06.42 (relating to phenyl(4,6-dimethoxy-pyrimidin-2-yl)carbamate).
(188)
Heading 9902.06.43 (relating to Methyliodouracil).
(189)
Heading 9902.06.48 (relating to 2-amino-4,6-dimethylpyrimidine).
(190)
Heading 9902.06.50 (relating to cyanuric chloride).
(191)
Heading 9902.06.55 (relating to Simazine).
(192)
Heading 9902.06.62 (relating to tris (2-hydroxyethyl) isocyanurate (THEIC)).
(193)
Heading 9902.06.63 (relating to 2-amino-4-methoxy-6-methyl-1,3,5-triazine).
(194)
Heading 9902.06.64 (relating to 4-methoxy-N,6-dimethyl-1,3,5-triazin-2-amine).
(195)
Heading 9902.06.65 (relating to triallyl cyanurate).
(196)
Heading 9902.06.71 (relating to Fenbuconazole fungicide).
(197)
Heading 9902.06.72 (relating to Fenazaquin).
(198)
Heading 9902.06.74 (relating to Pyridaben).
(199)
Heading 9902.06.79 (relating to Triticonazole).
(200)
Heading 9902.06.83 (relating to Carbendazim).
(201)
Heading 9902.06.86 (relating to Tetraconazole).
(202)
Heading 9902.06.92 (relating to 2-[3-(2H-benzotriazol-2-yl)-4-hydroxyphenyl]ethyl methacrylate).
(203)
Heading 9902.06.96 (relating to PolyAziridine PZ-33).
(204)
Heading 9902.06.98 (relating to 5-amino-1,2-dihydro-3H-1,2,4-triazole-3-thione).
(205)
Heading 9902.07.09 (relating to 2-mercaptobenzothiazole).
(206)
Heading 9902.07.10 (relating to corrosion inhibitor).
(207)
Heading 9902.07.11 (relating to 2-amino 4-methyl benzothiazole).
(208)
Heading 9902.07.12 (relating to accelerator for rubber production).
(209)
Heading 9902.07.17 (relating to Carboxin).
(210)
Heading 9902.07.18 (relating to 1,2-benzisothiazolin-3(2H)-one,2-butyl).
(211)
Heading 9902.07.19 (relating to 4-[3-(4-chlorophenyl)-3-(3,4-dimethoxyph)).
(212)
Heading 9902.07.23 (relating to Bentazon).
(213)
Heading 9902.07.25 (relating to Topramezone).
(214)
Heading 9902.07.34 (relating to OBPA).
(215)
Heading 9902.07.48 (relating to 2-amino-3-cyanothiophene).
(216)
Heading 9902.07.49 (relating to Tebuthiuron technical).
(217)
Heading 9902.07.51 (relating to performance fluid).
(218)
Heading 9902.07.52 (relating to Etridiazole).
(219)
Heading 9902.07.59 (relating to para-toluene sulphonyl hydrazide).
(220)
Heading 9902.07.61 (relating to Sulfometuron-methyl).
(221)
Heading 9902.07.63 (relating to Tosyl-4-CPP).
(222)
Heading 9902.07.64 (relating to Asulam).
(223)
Heading 9902.07.67 (relating to methyl 2-(aminosulfonyl) benzoate).
(224)
Heading 9902.07.68 (relating to methyl 3-sulfamoylthiophene-2-carboxylate).
(225)
Heading 9902.07.69 (relating to 3-(ethylsulfonyl)-2-pyridinesulfonamide).
(226)
Heading 9902.07.70 (relating to carbamic acid, N-[[3-[(dimethyl...]-, phenyl ester).
(227)
Heading 9902.07.81 (relating to black carrot color concentrate).
(228)
Heading 9902.07.82 (relating to purple sweet potato color concentrate).
(229)
Heading 9902.07.83 (relating to red cabbage color concentrate).
(230)
Heading 9902.07.84 (relating to red radish color concentrate).
(231)
Heading 9902.08.09 (relating to Disperse Blue 77).
(232)
Heading 9902.08.11 (relating to Disperse Red 60).
(233)
Heading 9902.08.16 (relating to Acid Black 194).
(234)
Heading 9902.08.18 (relating to acid dye for Pigment Red 144).
(235)
Heading 9902.08.39 (relating to indigo, Vat Blue 1).
(236)
Heading 9902.08.40 (relating to Pigment Orange 43/Vat Orange 7).
(237)
Heading 9902.08.43 (relating to Vat Blue 19).
(238)
Heading 9902.08.45 (relating to Vat Blue 1, reduced).
(239)
Heading 9902.08.46 (relating to isoviolanthrone-Vat Violet 10).
(240)
Heading 9902.08.47 (relating to Vat Blue 4).
(241)
Heading 9902.08.57 (relating to Reactive Red 180).
(242)
Heading 9902.08.61 (relating to G500 blue crude).
(243)
Heading 9902.08.65 (relating to Solvent Orange 63).
(244)
Heading 9902.08.69 (relating to Solvent Red 179).
(245)
Heading 9902.08.71 (relating to Solvent Violet 13 (CI 60725)).
(246)
Heading 9902.08.72 (relating to Solvent Yellow 195).
(247)
Heading 9902.08.73 (relating to Solvent Yellow 163).
(248)
Heading 9902.08.74 (relating to Solvent Red 227).
(249)
Heading 9902.08.75 (relating to Solvent Red 169).
(250)
Heading 9902.08.76 (relating to Solvent Yellow 114).
(251)
Heading 9902.08.77 (relating to Solvent Orange 60).
(252)
Heading 9902.08.78 (relating to Solvent Red 135).
(253)
Heading 9902.08.79 (relating to Solvent Blue 35).
(254)
Heading 9902.08.81 (relating to 2,4-dinitrophenol).
(255)
Heading 9902.08.84 (relating to optical brightener).
(256)
Heading 9902.08.85 (relating to whitening agent).
(257)
Heading 9902.08.87 (relating to organic luminescent pigments and dyes).
(258)
Heading 9902.08.88 (relating to phosphorescent pigments zinc sulfide, copper doped).
(259)
Heading 9902.09.01 (relating to cold pressed grapefruit oil).
(260)
Heading 9902.09.02 (relating to oil of lemon eucalyptus (OLE)).
(261)
Heading 9902.09.03 (relating to ADV 7800 S-ME).
(262)
Heading 9902.09.04 (relating to surfactant).
(263)
Heading 9902.09.05 (relating to ADV 7850 A-ME).
(264)
Heading 9902.09.06 (relating to ADV 7800 S-W).
(265)
Heading 9902.09.09 (relating to certain esters).
(266)
Heading 9902.09.12 (relating to surfactant used in pesticides).
(267)
Heading 9902.09.14 (relating to sparklers).
(268)
Heading 9902.09.17 (relating to poly pale ester 10).
(269)
Heading 9902.09.18 (relating to Dymerex).
(270)
Heading 9902.09.26 (relating to Tetrachlorvinfos formulations).
(271)
Heading 9902.09.27 (relating to mixtures of Clofentezine).
(272)
Heading 9902.09.32 (relating to zinc phosphate formulations).
(273)
Heading 9902.09.39 (relating to formulated Methomyl).
(274)
Heading 9902.09.47 (relating to mixtures of Oxathiapiprolin).
(275)
Heading 9902.09.65 (relating to product for post-harvest fruit treatment).
(276)
Heading 9902.09.67 (relating to mixtures of Famoxadone, Cymoxanil, and application adjuvants).
(277)
Heading 9902.09.73 (relating to Ziram).
(278)
Heading 9902.09.74 (relating to Thiram).
(279)
Heading 9902.09.82 (relating to Dodine mixtures.)
(280)
Heading 9902.09.83 (relating to packs used in fruit treatment).
(281)
Heading 9902.09.91 (relating to Pyraflufen ethyl 40 percent (ET MB 40)).
(282)
Heading 9902.09.97 (relating to Napropamide formulations).
(283)
Heading 9902.09.98 (relating to Sulfometuron-methyl formulations).
(284)
Heading 9902.10.16 (relating to granular herbicide).
(285)
Heading 9902.10.18 (relating to Fosamine).
(286)
Heading 9902.10.20 (relating to 5-amino-1,3-dihydro-2H-benzimidazol-2-one).
(287)
Heading 9902.10.26 (relating to mixture used in vulcanization).
(288)
Heading 9902.10.34 (relating to reaction products of phosphorus trichloride).
(289)
Heading 9902.10.38 (relating to potassium methylate solution).
(290)
Heading 9902.10.39 (relating to additive for use in dish cleaning formulations).
(291)
Heading 9902.10.43 (relating to glycol ester).
(292)
Heading 9902.10.46 (relating to lauryl-cetyl alcohol).
(293)
Heading 9902.10.52 (relating to polymeric ester blend).
(294)
Heading 9902.10.53 (relating to CE-1618BL methyl palmitate/oleate).
(295)
Heading 9902.10.58 (relating to speciality monomers).
(296)
Heading 9902.10.60 (relating to sodium ethylate).
(297)
Heading 9902.10.63 (relating to synthetic acid washed beta zeolite powder).
(298)
Heading 9902.10.70 (relating to amorphous alpha olefin with high softening point).
(299)
Heading 9902.10.71 (relating to polymethylpentene (PMP) polyolefin copolymer).
(300)
Heading 9902.10.72 (relating to light stabilizer).
(301)
Heading 9902.10.73 (relating to non-functionalized polybutadiene).
(302)
Heading 9902.10.78 (relating to vinyl chloride-hydroxypropyl acrylate copolymer).
(303)
Heading 9902.10.80 (relating to S02F melt processable resin).
(304)
Heading 9902.10.85 (relating to material used in paper coatings).
(305)
Heading 9902.10.89 (relating to esters for use in coatings).
(306)
Heading 9902.10.92 (relating to lubricant for use in media).
(307)
Heading 9902.10.94 (relating to ingredient used in transdermal patches).
(308)
Heading 9902.10.99 (relating to vinyl acetate-alkeneoic acid copolymer).
(309)
Heading 9902.11.03 (relating to product used in coatings and adhesives).
(310)
Heading 9902.11.05 (relating to polymeric sulfonic acid).
(311)
Heading 9902.11.06 (relating to 2-propenoic acid, sodium salt).
(312)
Heading 9902.11.07 (relating to poly(butyl methacrylate).
(313)
Heading 9902.11.08 (relating to poly(ethyl acrylate-co-methyl methacrylate)).
(314)
Heading 9902.11.09 (relating to poly(methacrylic acid-co-methyl methacrylate) 1:1).
(315)
Heading 9902.11.10 (relating to poly(methyl acrylate-co-methyl methacrylate).
(316)
Heading 9902.11.17 (relating to sorbitol diglycidyl ether epoxide resin).
(317)
Heading 9902.11.20 (relating to linear aliphatic polycarbonate polyester).
(318)
Heading 9902.11.30 (relating to products for enhancing optical transparency).
(319)
Heading 9902.11.31 (relating to polyamide powders).
(320)
Heading 9902.11.32 (relating to formulation for use in thermoplastic injection molding).
(321)
Heading 9902.11.33 (relating to formulation for use in plastics applications).
(322)
Heading 9902.11.35 (relating to Phenol, 4-(1,1-dimethylethyl)-,polymer with formaldehyde).
(323)
Heading 9902.11.38 (relating to polyurethane hardener).
(324)
Heading 9902.11.39 (relating to H12MDI based aliphatic polyisocyanate).
(325)
Heading 9902.11.40 (relating to TDI based blocked aromatic polyisocyanate).
(326)
Heading 9902.11.41 (relating to self-cross linking, stoving polyurethane resin).
(327)
Heading 9902.11.46 (relating to aliphatic/aromatic polyisocyanate copolymer).
(328)
Heading 9902.11.47 (relating to TDI based aromatic polyisocyanate).
(329)
Heading 9902.11.48 (relating to water-dispersible HDI based polyisocyanate).
(330)
Heading 9902.11.58 (relating to industrial nitrocellulose (damped alcohol content of 33–37%)).
(331)
Heading 9902.11.60 (relating to propylene glycol alginate (PGA)).
(332)
Heading 9902.11.61 (relating to alginic acid and other alginates).
(333)
Heading 9902.11.63 (relating to sodium hyaluronate).
(334)
Heading 9902.11.64 (relating to weak acid cation ion-exchange resin).
(335)
Heading 9902.11.65 (relating to weak acid macroporous cation ion-exchange resins).
(336)
Heading 9902.11.87 (relating to regenerated cellulose sheets for industrial sponges).
(337)
Heading 9902.11.95 (relating to single wrapped cutlery joined by a skewer).
(338)
Heading 9902.11.98 (relating to plastic pet crate pan).
(339)
Heading 9902.12.01 (relating to boxing and mixed martial arts gloves of plastic).
(340)
Heading 9902.12.06 (relating to plastic non-skid base rings for toilet brush caddies).
(341)
Heading 9902.12.12 (relating to head straps and quickclips for cameras).
(342)
Heading 9902.12.16 (relating to frame mounts for cameras).
(343)
Heading 9902.12.17 (relating to large tube mounts for cameras).
(344)
Heading 9902.12.21 (relating to replacement camera doors).
(345)
Heading 9902.12.22 (relating to seatpost camera mounts).
(346)
Heading 9902.12.23 (relating to adhesive camera mounts).
(347)
Heading 9902.12.27 (relating to sets of assorted plastic camera mounts).
(348)
Heading 9902.12.35 (relating to life jackets for pets).
(349)
Heading 9902.12.53 (relating to plastic cases for electronic games or accessories).
(350)
Heading 9902.12.60 (relating to boxing and mixed martial arts gloves of leather).
(351)
Heading 9902.12.64 (relating to women's leather belts valued at $7 or more).
(352)
Heading 9902.12.66 (relating to woven bamboo products).
(353)
Heading 9902.12.67 (relating to woven wood products).
(354)
Heading 9902.12.69 (relating to cashmere, not carded or combed).
(355)
Heading 9902.12.70 (relating to camel hair, not carded or combed).
(356)
Heading 9902.12.71 (relating to camel hair).
(357)
Heading 9902.12.72 (relating to noils of camel hair).
(358)
Heading 9902.12.73 (relating to cashmere, carded or combed).
(359)
Heading 9902.12.74 (relating to camel hair, carded or combed).
(360)
Heading 9902.12.75 (relating to yarn of carded cashmere, with a yarn count of 19.35 metric or higher).
(361)
Heading 9902.12.76 (relating to yarn of carded cashmere, with a yarn count of less than 19.35 metric).
(362)
Heading 9902.12.77 (relating to yarn of carded camel hair).
(363)
Heading 9902.12.78 (relating to yarn of combed cashmere or yarn of camel hair).
(364)
Heading 9902.12.79 (relating to woven fabric of carded vicuna hair of a weight not exceeding 300 g/m²).
(365)
Heading 9902.12.83 (relating to production roll bleached woven cotton gauze).
(366)
Heading 9902.12.84 (relating to bleached pique fabric).
(367)
Heading 9902.12.85 (relating to dyed pique fabric).
(368)
Heading 9902.12.89 (relating to high tenacity single rayon yarn with a decitex equal to or greater than 1,000).
(369)
Heading 9902.12.90 (relating to high tenacity single rayon yarn with a decitex less than 1,000).
(370)
Heading 9902.12.91 (relating to high tenacity multiple or cabled rayon yarn).
(371)
Heading 9902.12.92 (relating to single yarn of viscose rayon).
(372)
Heading 9902.12.93 (relating to twisted yarn of viscose rayon).
(373)
Heading 9902.12.97 (relating to elastic, water-repellent woven polyester fabric).
(374)
Heading 9902.12.98 (relating to acrylic fiber tow with an average decitex of between 2 and 5).
(375)
Heading 9902.12.99 (relating to acrylic filament tow with an averge decitex of 2.2).
(376)
Heading 9902.13.01 (relating to acrylic fiber tow with an average decitex of 3.3).
(377)
Heading 9902.13.05 (relating to acrylic filament tow with a decitex of 3.3).
(378)
Heading 9902.13.06 (relating to acrylic or modacrylic staple fibers, not processed).
(379)
Heading 9902.13.07 (relating to modacrylic staple fibers with an average decitex of 2.2 and a fiber length of 38 mm).
(380)
Heading 9902.13.08 (relating to modacrylic staple fibers with an average decitex of 2.2 and a fiber length of 51 mm).
(381)
Heading 9902.13.09 (relating to modacrylic staple fibers with an average decitex of 1.7 and a fiber length of 51 mm).
(382)
Heading 9902.13.10 (relating to acrylic staple fibers with an average decitex of 1.3 and a fiber length of 38 mm).
(383)
Heading 9902.13.11 (relating to acrylic staple fibers with an average decitex of 1.3 and a fiber length of 40 mm).
(384)
Heading 9902.13.12 (relating to synthetic staple fibers not processed for spinning).
(385)
Heading 9902.13.13 (relating to acrylic staple fibers with a fiber length between 40 and 47.5 mm and a solar reflectance index less than 10).
(386)
Heading 9902.13.14 (relating to acrylic staple fibers with a fiber length between 40 and 47.5 mm and a solar reflectance index between 10 and 30).
(387)
Heading 9902.13.16 (relating to acrylic staple fibers with a fiber length between 48 and 60 mm and a solar reflectance index less than 10).
(388)
Heading 9902.13.17 (relating to acrylic staple fibers with a fiber length between 48 and 60 mm and a solar reflectance index between 10 and 30).
(389)
Heading 9902.13.18 (relating to acrylic staple fibers with a fiber length between 48 and 60 mm and a solar reflectance index greater than 30).
(390)
Heading 9902.13.22 (relating to modified acrylic flame retardant staple fiber with a decitex of 3.9).
(391)
Heading 9902.13.25 (relating to cellulosic man-made viscose rayon staple fiber).
(392)
Heading 9902.13.27 (relating to certain staple fibers of viscose rayon).
(393)
Heading 9902.13.30 (relating to flame retardant viscose rayon staple fibers, with decitex of 3.3 and length of 60 mm).
(394)
Heading 9902.13.32 (relating to flame retardant viscose rayon staple fibers, with a decitex of 2.2 and length of 38 mm).
(395)
Heading 9902.13.37 (relating to acrylic or modacrylic staple fibers, processed and with a decitex of 11.0).
(396)
Heading 9902.13.39 (relating to rayon top).
(397)
Heading 9902.13.40 (relating to woven fabrics of certain synthetic fibers).
(398)
Heading 9902.13.43 (relating to heat exchange capillary material).
(399)
Heading 9902.13.48 (relating to men's or boys' silk knit pullovers and cardigans).
(400)
Heading 9902.13.52 (relating to neoprene guard socks).
(401)
Heading 9902.13.70 (relating to batting gloves of manmade fibers).
(402)
Heading 9902.13.72 (relating to fishing wader pocket pouches).
(403)
Heading 9902.13.73 (relating to nylon wool packs).
(404)
Heading 9902.13.86 (relating to bee nets).
(405)
Heading 9902.13.87 (relating to camera chest harnesses).
(406)
Heading 9902.13.90 (relating to camera wrist strap mounts).
(407)
Heading 9902.13.95 (relating to men's protective active footwear with outer soles and uppers of rubber or plastic).
(408)
Heading 9902.13.96 (relating to women's protective active shoes, covering the ankle).
(409)
Heading 9902.13.97 (relating to women's protective active footwear, valued over $26 per pair, covering the ankle).
(410)
Heading 9902.14.05 (relating to footwear made on a base or platform of wood).
(411)
Heading 9902.14.19 (relating to men's & boys' golf shoes with waterproof soles).
(412)
Heading 9902.14.23 (relating to men's waterproof leather footwear, valued at $29 per pair or higher).
(413)
Heading 9902.14.34 (relating to ski boots and snowboard boots).
(414)
Heading 9902.14.37 (relating to men's boots for fishing waders).
(415)
Heading 9902.14.48 (relating to house slippers with textile uppers).
(416)
Heading 9902.14.56 (relating to removable footwear neoprene cuffs).
(417)
Heading 9902.14.63 (relating to hats containing less than 23 percent or more of wool).
(418)
Heading 9902.14.67 (relating to plastic plants for aquariums/terrariums).
(419)
Heading 9902.14.76 (relating to polished wired glass in retangular sheets).
(420)
Heading 9902.14.77 (relating to meniscus-shaped drawn glass-ceramic discs).
(421)
Heading 9902.14.79 (relating to transparent glass-ceramic cookware).
(422)
Heading 9902.14.85 (relating to chopped strands of glass).
(423)
Heading 9902.14.89 (relating to strips consisting of silver and tin).
(424)
Heading 9902.14.98 (relating to small metal wire crates for dogs).
(425)
Heading 9902.15.05 (relating to side press wringer handles).
(426)
Heading 9902.15.07 (relating to isosceles triangle wire).
(427)
Heading 9902.15.10 (relating to zinc punches).
(428)
Heading 9902.15.12 (relating to gallium unwrought in solid form).
(429)
Heading 9902.15.15 (relating to gear driven one-handed pruners).
(430)
Heading 9902.15.17 (relating to swivel head grass shears).
(431)
Heading 9902.15.30 (relating to pet grooming scissors).
(432)
Heading 9902.15.34 (relating to manicure and pedicure sets).
(433)
Heading 9902.15.45 (relating to cast iron crankcases).
(434)
Heading 9902.15.46 (relating to cylinder heads used solely or principally with marine compression ignition engines).
(435)
Heading 9902.15.47 (relating to pistons).
(436)
Heading 9902.15.49 (relating to high pressure pumps).
(437)
Heading 9902.15.55 (relating to exhaust fans for permanent installation).
(438)
Heading 9902.15.57 (relating to household range hoods).
(439)
Heading 9902.15.58 (relating to pre-assembled pedestal fan column assemblies).
(440)
Heading 9902.15.59 (relating to grilles for exhaust fans).
(441)
Heading 9902.15.66 (relating to pressure distillation columns).
(442)
Heading 9902.15.68 (relating to mobile sprinklers).
(443)
Heading 9902.15.75 (relating to benchtop band saws).
(444)
Heading 9902.15.76 (relating to certain stationary band saws).
(445)
Heading 9902.15.77 (relating to tilting arbor table saws).
(446)
Heading 9902.15.78 (relating to certain table saws with 10 inch (25.4 cm) blade).
(447)
Heading 9902.15.80 (relating to drill presses).
(448)
Heading 9902.15.81 (relating to electrical rotary drill, hammer and chiseling tools).
(449)
Heading 9902.15.89 (relating to telescope mirror segment support assemblies).
(450)
Heading 9902.15.93 (relating to regulator valves).
(451)
Heading 9902.15.97 (relating to used camshafts and crankshafts for diesel engines).
(452)
Heading 9902.15.99 (relating to crankshaft bearings).
(453)
Heading 9902.16.03 (relating to flexplates for engines).
(454)
Heading 9902.16.11 (relating to motor assemblies for air circulator electric fans).
(455)
Heading 9902.16.12 (relating to motors for high wattage fans).
(456)
Heading 9902.16.13 (relating to alternating current multiphase submersible pump motors with output between 3 kilowatts and 14.92 kilowatts).
(457)
Heading 9902.16.14 (relating to alternating current multiphase submersible pump motors with output between 149.2 kilowatts and 150 kilowatts).
(458)
Heading 9902.16.15 (relating to alternating current generators for exercise equipment).
(459)
Heading 9902.16.26 (relating to electromechanical knives).
(460)
Heading 9902.16.28 (relating to automatic food feeders for dogs and cats).
(461)
Heading 9902.16.30 (relating to automatic fish feeders).
(462)
Heading 9902.16.39 (relating to alternators).
(463)
Heading 9902.16.42 (relating to bulb heaters with or without a fan).
(464)
Heading 9902.16.49 (relating to microwave ovens with 53 to 55 liter capacity and integral range hood).
(465)
Heading 9902.16.50 (relating to microwave ovens with 58 to 60 liter capacity and integral range hoods).
(466)
Heading 9902.16.52 (relating to microwave ovens with 53 to 55 liter capacity, glass turntable plate, and integral range hood).
(467)
Heading 9902.16.53 (relating to microwave ovens with 56 to 58 liter capacity and integral range hood).
(468)
Heading 9902.16.54 (relating to microwave ovens with rectangular plate and integral range hood).
(469)
Heading 9902.16.55 (relating to vertical waffle makers).
(470)
Heading 9902.16.56 (relating to multfunction grills).
(471)
Heading 9902.16.57 (relating to electric sandwich grillers).
(472)
Heading 9902.16.64 (relating to front-loading coffee makers).
(473)
Heading 9902.16.66 (relating to built-in coffee machines).
(474)
Heading 9902.16.75 (relating to programmable slow cookers with thermometer probe).
(475)
Heading 9902.16.76 (relating to electric pressure cookers rated more than 1000W but not more than 1200W, with a capacity of not less than 5 liters).
(476)
Heading 9902.16.77 (relating to electric rice cookers).
(477)
Heading 9902.16.78 (relating to electric pressure cookers rated more than 1200W but not more than 1400W, with a capacity of not less than 5 liters).
(478)
Heading 9902.16.81 (relating to candle warmers).
(479)
Heading 9902.16.90 (relating to chassis or shelving containing backplane).
(480)
Heading 9902.16.95 (relating to mirror segment controller sensors).
(481)
Heading 9902.17.03 (relating to used gear boxes for certain vehicles).
(482)
Heading 9902.17.07 (relating to stand-up bicycles, having both wheels not exceeding 63.5cm in diameter).
(483)
Heading 9902.17.08 (relating to elliptical cycles, with wheels not exceeding 63.5 cm in diameter).
(484)
Heading 9902.17.17 (relating to swim goggles).
(485)
Heading 9902.17.19 (relating to LCD television panel assemblies, with a video display measuring not over 58.42 cm).
(486)
Heading 9902.17.20 (relating to LCD television panel assemblies, with a video display measuring over 58.42 cm but not over 78.74 cm).
(487)
Heading 9902.17.21 (relating to LCD television panel assemblies, with a video display measuring over 78.74 cm but not over 81.28 cm).
(488)
Heading 9902.17.22 (relating to LCD television panel assemblies, with a video display measuring over 81.28 cm but not over 99.06 cm).
(489)
Heading 9902.17.23 (relating to LCD television panel assemblies, with a video display measuring over 99.06 cm but not over 101.6 cm).
(490)
Heading 9902.17.28 (relating to bicycle speedometers).
(491)
Heading 9902.17.47 (relating to light emitting diode (LED) hanging lamps with total internal reflection).
(492)
Heading 9902.17.49 (relating to electric table or desk light emitting diode (LED) task lamps with ball joints).
(493)
Heading 9902.17.52 (relating to exterior emergency lights).
(494)
Heading 9902.17.53 (relating to wing illumination lights).
(495)
Heading 9902.17.54 (relating to lantern globes of extruded borosilicate glass).
(496)
Heading 9902.17.56 (relating to golf club driver heads with a loft of 9.5 degrees).
(497)
Heading 9902.17.64 (relating to golf club heads with a loft greater than 56 degrees).
(498)
Heading 9902.17.65 (relating to golf club putter heads).
(499)
Heading 9902.17.70 (relating to tennis rackets, strung).
(500)
Heading 9902.17.72 (relating to racquetball rackets).
(501)
Heading 9902.17.73 (relating to squash rackets).
(502)
Heading 9902.17.76 (relating to leather basketballs).
(503)
Heading 9902.17.78 (relating to racquetballs).
(504)
Heading 9902.17.84 (relating to speed bags and related equipment).
(505)
Heading 9902.17.86 (relating to certain bluetooth enabled adjustable dumbbells).
(506)
Heading 9902.17.92 (relating to boxing and mixed martial arts protective equipment).
(507)
Heading 9902.17.94 (relating to fishing reels valued more than $2.70 but not more than $8.45, pre-spooled, with rod).
(508)
Heading 9902.17.95 (relating to hair-slides with imitation pearls or stones).
(b)

Modification to article descriptions
(1)

Coconut water in paper cartons
Heading 9902.01.15 is amended—
(A)
by amending the article description to read as follows: “Coconut water, not from concentrate, not containing added sugar or other sweetening matter, packaged for retail sale in paper-based cartons (provided for in subheading 2009.89.70)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(2)

Flavored coconut water
Heading 9902.01.16 is amended—
(A)
by amending the article description to read as follows: “Coconut water not from concentrate, flavored, packaged for retail sale (provided for in subheading 2009.89.70)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(3)

Hypophosphorous acid 50%
Heading 9902.01.23 is amended—
(A)
by amending the article description to read as follows: “Hypophosphorous acid 50 percent (phosphinic acid) (CAS No. 6303–21–5) (provided for in subheading 2811.19.61)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(4)

Potassium fluoroborate
Heading 9902.01.47 is amended—
(A)
by amending the article description to read as follows: “Potassium fluoroborate (CAS No. 14075–53–7) (provided for in subheading 2826.90.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(5)

Potassium fluorotitanate
Heading 9902.01.48 is amended—
(A)
by amending the article description to read as follows: “Potassium fluorotitanate (Dipotassium hexafluorotitanate(2-)) (CAS No. 16919–27–0) (provided for in subheading 2826.90.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(6)

Potassium fluozirconate
Heading 9902.01.49 is amended—
(A)
by amending the article description to read as follows: “Dipotassium; hexafluorozirconium(2-) (potassium fluozirconate) (CAS No. 16923–95–8) (provided for in subheading 2826.90.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(7)

Zirconium basic carbonate
Heading 9902.01.61 is amended—
(A)
by amending the article description to read as follows: “Zirconium basic carbonate (zirconium(4+) dicarbonate) (CAS No. 57219–64–4) (provided for in subheading 2836.99.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(8)

o-Chlorotoluene
Heading 9902.01.95 is amended—
(A)
by amending the article description to read as follows: “2-Chlorotoluene (CAS No. 95–49–8) (provided for in subheading 2903.99.80)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(9)

Leucoquinizarin
Heading 9902.02.25 is amended—
(A)
by amending the article description to read as follows: “Leucoquinizarin as 1,4,9,10-tetrahydroxyanthracene (CAS No. 476–60–8), 2,3-dihydro-9,10-dihydroxyanthracene-1,4-dione (CAS No. 17648–03–2) or 2,3-dihydro-1,4-dihydroxy-9,10-anthracenedione (CAS No. 40498–13–3) (provided for in subheading 2907.29.90 or 2914.69.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(10)

Anisaldehyde
Heading 9902.02.49 is amended—
(A)
by amending the article description to read as follows: “p-Anisaldehyde (4-methoxybenzaldehyde) (CAS No. 123–11–5) (provided for in subheading 2912.49.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(11)

Methylionone
Heading 9902.02.56 is amended—
(A)
by amending the article description to read as follows: “(E)-1-(2,6,6-trimethylcyclohex-2-en-1-yl)pent-1-en-3-one (Methylionone) (CAS No. 1335–46–2) (provided for in subheading 2914.23.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(12)

Itaconic acid
Heading 9902.02.95 is amended—
(A)
by amending the article description to read as follows: “Itaconic acid (2-methylidenebutanedioic acid) (CAS No. 97–65–4) (provided for in subheading 2917.19.70)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(13)

4-Sulfo-1,8-naphthalic anhydride potassium salt
Heading 9902.02.97 is amended—
(A)
by amending the article description to read as follows: “Potassium 1,3-dioxo-1H,3H-benzo[de]isochromene-6-sulfonate (CAS No. 71501–16–1) (provided for in subheading 2917.39.04)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(14)

NTCDA
Heading 9902.03.01 is amended—
(A)
by amending the article description to read as follows: “1,4,5,8-Naphthalenetetracarboxylic dianhydride (NTCDA) (CAS No. 81–30–1) (provided for in subheading 2917.39.70)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(15)

Stabilizer of foams
Heading 9902.03.11 is amended—
(A)
by amending the article description to read as follows: “Octyl 3-(3,5-ditert-butyl-4-hydroxyphenyl)propanoate (CAS No. 125643–61–0) (provided for in subheading 2918.29.65)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(16)

Hindered phenolic antioxidant
Heading 9902.03.25 is amended—
(A)
by amending the article description to read as follows: “Triethylene glycol bis[3-(3-tert-butyl-4-hydroxy-5-methyl-phenyl)propionate] (CAS No. 36443–68–2) (provided for in subheading 2918.99.43)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(17)

D-HPPA
Heading 9902.03.28 is amended—
(A)
by amending the article description to read as follows: “(R)-(+)-2-(4-Hydroxyphenoxy)propionic acid (CAS No. 94050–90–5) (provided for in subheading 2918.99.43)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(18)

Tetrachlorvinfos
Heading 9902.03.35 is amended—
(A)
by amending the article description to read as follows: “[(Z)-2-Chloro-1-(2,4,5-trichlorophenyl)ethenyl] dimethyl phosphate (Tetrachlorvinfos) (CAS No. 22248–79–9) (provided for in subheading 2919.90.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(19)

Propargite
Heading 9902.03.41 is amended—
(A)
by amending the article description to read as follows: “2-[4-(2-Methyl-2-propanyl)phenoxy]cyclohexyl 2-propyn-1-yl sulfite (Propargite) (CAS No. 2312–35–8) (provided for in subheading 2920.90.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(20)

2-Chloro-4-toluidine (2-CAT)
Heading 9902.03.69 is amended—
(A)
by amending the article description to read as follows: “3-Chloro-4-methylaniline (o-chloro-p-toluidine) (CAS No. 95–74–9) (provided for in subheading 2921.43.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(21)

m-Toluidine
Heading 9902.03.70 is amended—
(A)
by amending the article description to read as follows: “m-Toluidine (CAS No. 108–44–1) (provided for in subheading 2921.43.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(22)

Flumetralin
Heading 9902.03.77 is amended—
(A)
by amending the article description to read as follows: “N-[(2-Chloro-6-fluorophenyl)methyl]-N-ethyl-2,6-dinitro-4-(trifluoromethyl)aniline (Flumetralin) (CAS No. 62924–70–3) (provided for in subheading 2921.49.45)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(23)

4,4-Methylene bis o-chloro aniline
Heading 9902.03.83 is amended—
(A)
by amending the article description to read as follows: “4,4′-Methylenebis(2-chloroaniline) (CAS No. 101–14–4) (provided for in subheading 2921.59.08)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(24)

Phenol, 2,2′-[[(1S...]bis[6-(1,1-dimethylethyl)
Heading 9902.03.86 is amended—
(A)
by amending the article description to read as follows: “2,2′-[[(1S,2S)-1,2-Diphenyl-1,2-ethanediyl]bis(iminomethylene)]bis[6-(1,1-dimethylethyl)phenol] (CAS No. 481725–63–7) (provided for in subheading 2921.59.40)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(25)

Tris[2-[[2,4,8,10-tetra-tert-butyldibe (AO 12)
Heading 9902.03.89 is amended—
(A)
by amending the article description to read as follows: “2-{[2,4,8,10-Tetrakis(2-methyl-2-propanyl)diben- zo[d,f][1,3,2]dioxaphosphepin-6-yl]oxy}-N,N-bis(2-{[2,4,8,10-tetra- kis(2-methyl-2-propanyl)dibenzo[d,f][1,3,2]dioxaphos- phepin-6-yl]oxy}ethyl)ethanamine (CAS No. 80410–33–9) (provided for in subheading 2922.19.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(26)

L-Lysine hydrate
Heading 9902.04.03 is amended—
(A)
by amending the article description to read as follows: “L-Lysine hydrate (1:1) (CAS No. 39665–12–8) (provided for in subheading 2922.41.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(27)

Non-genetically modified lecithin of rapeseed
Heading 9902.04.17 is amended—
(A)
by amending the article description to read as follows: “Lecithin derived from non-genetically modified rapeseed (CAS No. 8002–43–5) (provided for in subheading 2923.20.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(28)

N,N,N′,N′-tetrakis(2-hydroxyethyl)hexanediamide
Heading 9902.04.27 is amended—
(A)
by amending the article description to read as follows: “N,N,N′,N′-tetrakis(2-hydroxyethyl)hexanediamide (CAS No. 6334–25–4) (provided for in subheading 2924.19.80)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(29)

Metalaxyl
Heading 9902.04.36 is amended—
(A)
by amending the article description to read as follows: “Methyl 2-(N-(2-methoxyacetyl)-2,6-dimethylanilino)propanoate (Metalaxyl) (CAS No. 57837–19–1) (provided for in subheading 2924.29.47)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(30)

Carbaryl
Heading 9902.04.39 is amended—
(A)
by amending the article description to read as follows: “1-Naphthalenyl methylcarbamate (Carbaryl) (CAS No. 63–25–2) (provided for in subheading 2924.29.47)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(31)

Mandipropamid
Heading 9902.04.45 is amended—
(A)
by amending the article description to read as follows: “2-(4-Chlorophenyl)-N-{2-[3-methoxy-4-(2-propyn-1-yloxy)phe- nyl]ethyl}-2-(2-propyn-1-yloxy)acetamide (Mandipropamid) (CAS No. 374726–62–2) (provided for in subheading 2924.29.47)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(32)

Fenhexamid
Heading 9902.04.46 is amended—
(A)
by amending the article description to read as follows: “N-(2,3-Dichloro-4-hydroxyphenyl)-1-methylcyclohexanecar- boxamide (Fenhexamid) (CAS No. 126833–17–8) (provided for in subheading 2924.29.47)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(33)

2,5-Bis[(1,3-dioxobutyl)­amino]benzenesulfonic acid
Heading 9902.04.51 is amended—
(A)
by amending the article description to read as follows: “2,5-Bis(3-oxobutanoylamino)benzenesulfonic acid (CAS No. 70185–87–4) (provided for in subheading 2924.29.71)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(34)

p-Aminobenzamide
Heading 9902.04.55 is amended—
(A)
by amending the article description to read as follows: “p-Aminobenzamide (4-Aminobenzamide) (CAS No. 2835–68–9) (provided for in subheading 2924.29.77)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(35)

Trans-N-boc Acid
Heading 9902.04.57 is amended—
(A)
by amending the article description to read as follows: “Trans-4-{[(2-Methyl-2-propanyl)oxy]carbonyl}cyclohex-anecarboxylic acid (CAS No. 53292–89–0) (provided for in subheading 2924.29.95)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(36)

Flumiclorac pentyl ester
Heading 9902.04.62 is amended—
(A)
by amending the article description to read as follows: “Pentyl [2-chloro-5-(1,3-dioxo-1,3,4,5,6,7-hexahydro-2H- isoindol-2-yl)-4-fluorophenoxy]acetate (Flumiclorac pentyl ester) (CAS No. 87546–18–7) (provided for in subheading 2925.29.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(37)

Esfenvalerate
Heading 9902.04.74 is amended—
(A)
by amending the article description to read as follows: “(S)-Cyano(3-phenoxyphenyl)methyl(S)-4-chloro-α-(1-meth- ylethyl)benzeneacetate (Esfenvalerate) (CAS No. 66230–04–4) (provided for in subheading 2926.90.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(38)

Zeta-cypermethrin
Heading 9902.04.76 is amended—
(A)
by amending the article description to read as follows: “(S)-Cyano-(3-phenoxyphenyl)methyl (+)cis-3-(2,2 -dichloroethenyl)-2,2-dimethylcyclo­pro­pane­carboxylate and (S)-cyano-(3-phenoxyphenyl)methyl (+)trans-3-(2,2-dichloroethenyl)-2,2-dimethylcyclo­propane­carboxylate (Zeta-cypermethrin) (CAS No. 1315501–18–8) (provided for in subheading 2926.90.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(39)

Fenpropathrin
Heading 9902.04.78 is amended—
(A)
by amending the article description to read as follows: “α-Cyano-3-phenoxybenzyl 2,2,3,3-tetramethylcyclopropanecarboxylate (Fenpropathrin) (CAS No. 39515–41–8) (provided for in subheading 2926.90.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(40)

Phthalodinitrile
Heading 9902.04.79 is amended—
(A)
by amending the article description to read as follows: “Benzene-1,2-dicarbonitrile (Phthalodinitrile) (CAS No. 91–15–6) (provided for in subheading 2926.90.43)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(41)

Diphenylacetonitrile
Heading 9902.04.80 is amended—
(A)
by amending the article description to read as follows: “2,2-Diphenylacetonitrile (CAS No. 86–29–3) (provided for in subheading 2926.90.48)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(42)

IPN
Heading 9902.04.81 is amended—
(A)
by amending the article description to read as follows: “Isophthalonitrile (1,3-dicyanobenzene) (CAS No. 626–17–5) (provided for in subheading 2926.90.48)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(43)

Trifloxystrobin
Heading 9902.04.86 is amended—
(A)
by amending the article description to read as follows: “Methyl (E)-methoxyimino-{(E)-2-[1-(α,α,α-trifluoro-m-tolyl) ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) (provided for in subheading 2928.00.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(44)

Cyflufenamid
Heading 9902.04.87 is amended—
(A)
by amending the article description to read as follows: “(1Z)-N-{(Z)-[(Cyclopropylmethoxy)imino][2,3-difluoro-6-(trifluor- omethyl)phenyl]methyl}-2-phenylethanimidic acid (Cyflufenamid) (CAS No. 180409–60–3) (provided for in subheading 2928.00.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(45)

Tebufenozide
Heading 9902.04.88 is amended—
(A)
by amending the article description to read as follows: “N′-(4-Ethylbenzoyl)-3,5-dimethyl-N-(2-methyl-2-propanyl)benzohydrazide (Tebufenozide) (CAS No. 112410–23–8) (provided for in subheading 2928.00.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(46)

Carbonohydrazide
Heading 9902.04.89 is amended—
(A)
by amending the article description to read as follows: “1,3-Diaminourea (CAS No. 497–18–7) (provided for in subheading 2928.00.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(47)

ADH
Heading 9902.04.93 is amended—
(A)
by amending the article description to read as follows: “Hexanedihydrazide (adipic dihydrazide) (CAS No. 1071–93–8) (provided for in subheading 2928.00.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(48)

Organic chemicals
Heading 9902.04.94 is amended—
(A)
by amending the article description to read as follows: “Bitolylene diisocyanate (3,3′-dimethylbiphenyl-4,4′-diyl diisocyanate) (CAS No. 91–97–4) (provided for in subheading 2929.10.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(49)

PCM
Heading 9902.04.97 is amended—
(A)
by amending the article description to read as follows: “Ethyl [4-chloro-2-fluoro-5-[[[[methyl(1-methylethyl)a- mino]sulfonyl]amino]carbonyl]phenyl]carbamate (CAS No. 874909–61–2) (provided for in subheading 2929.90.15)” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(50)

Profenofos
Heading 9902.05.04 is amended—
(A)
by amending the article description to read as follows: “O-4-Bromo-2-chlorophenyl O-ethyl S-propyl phosphorothioate (Profenofos) (CAS No. 41198–08–7) (provided for in subheading 2930.90.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(51)

DCDPS, dichlorodiphenylsulfone
Heading 9902.05.14 is amended—
(A)
by amending the article description to read as follows: “1-Chloro-4-(4-chlorophenyl)sulfonylbenzene (CAS No. 80–07–9) (provided for in subheading 2930.90.29)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(52)

Captan technical
Heading 9902.05.19 is amended—
(A)
by amending the article description to read as follows: “2-[(Trichloromethyl)sulfanyl]-3a,4,7,7a-tetrahydro-1H-isoin- dole-1,3(2H)-dione (Captan) (CAS No. 133–06–2) (provided for in subheading 2930.90.43)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(53)

Pentaerythritol tetrakis (β-laurylthiopropionate)
Heading 9902.05.23 is amended—
(A)
by amending the article description to read as follows: “3-{[3-(Dodecylsulfanyl)propanoyl]oxy}-2,2-bis({[3-dodecylsulfanyl)propanoyl]oxy}methyl)propyl 3-(dodecylsulfanyl)propanoate) (CAS No. 29598–76–3) (provided for in subheading 2930.90.91)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(54)

Dinotefuran
Heading 9902.05.45 is amended—
(A)
by amending the article description to read as follows: “1-Methyl-2-nitro-3-(oxolan-3-ylmethyl)guanidine (Dinotefuran) (CAS No. 165252–70–0) (provided for in subheading 2932.19.51)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(55)

Coumaphos
Heading 9902.05.47 is amended—
(A)
by amending the article description to read as follows: “3-Chloro-7-diethoxyphosphinothioyloxy-4-methylchromen-2-one (Coumaphos) (CAS No. 56–72–4) (provided for in subheading 2932.20.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(56)

Spiromesifen
Heading 9902.05.48 is amended—
(A)
by amending the article description to read as follows: “[2-Oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl] 3,3-dimethylbutanoate (Spiromesifen) (CAS No. 283594–90–1) (provided for in subheading 2932.20.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(57)

Brodifacoum
Heading 9902.05.50 is amended—
(A)
by amending the article description to read as follows: “4-Hydroxy-3-(3-(4'-bromo-4-biphenylyl)-1,2,3,4-tetrahydro-1-naph- thyl)coumarin (Brodifacoum) (CAS No. 56073–10–0) (provided for in subheading 2932.20.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(58)

Sodium erythorbate
Heading 9902.05.54 is amended—
(A)
by amending the article description to read as follows: “Sodium erythorbate (sodium (2R)-2-[(2R)-4,5-dihydroxy- 3-oxo-2,3-dihydro-2-furanyl]-2-hydroxyethanolate) (CAS No. 6381–77–7) (provided for in subheading 2932.20.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(59)

Pyraclostrobin technical
Heading 9902.05.67 is amended—
(A)
by amending the article description to read as follows: “Methyl N-(2-[[1-(4-chlorophenyl)pyrazol-3-yl]oxymethyl]-phenyl)-(N-methoxy)carbamate (Pyraclostrobin) (CAS No. 175013–18–0) (provided for in subheading 2933.19.23)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(60)

Triflumizole technical
Heading 9902.05.74 is amended—
(A)
by amending the article description to read as follows: “(E)-4-Chloro-α,α,α-trifluoro-N-(1-imidazol-1-yl-2- propoxyethylidene)-o-toluidine (Triflumizole) (CAS No. 99387–89–0) (provided for in subheading 2933.29.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(61)

Fluopyram
Heading 9902.05.80 is amended—
(A)
by amending the article description to read as follows: “N-[2-[3-Chloro-5-(trifluoromethyl)pyridin-2-yl]ethyl]-2- (trifluoromethyl)benzamide (Fluopyram) (CAS No. 658066–35–4) (provided for in subheading 2933.39.21)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(62)

Clodinafop-propargyl
Heading 9902.05.91 is amended—
(A)
by amending the article description to read as follows: “2-Propyn-1-yl (2R)-2-{4-[(5-chloro-3-fluoro-2- pyridinyl)oxy]phenoxy}propanoate (Clodinafop-propargyl) (CAS No. 105512–06–9) (provided for in subheading 2933.39.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(63)

Acetamiprid technical
Heading 9902.05.99 is amended—
(A)
by amending the article description to read as follows: “(E)-N1-[(6-Chloro-3-pyridyl)methyl]-N2-cyano-N1- methyl-acetamidine (Acetamiprid) (CAS No. 135410–20–7) (provided for in subheading 2933.39.27)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(64)

Pyriproxyfen
Heading 9902.06.04 is amended—
(A)
by amending the article description to read as follows: “2-{[1-(4-Phenoxyphenoxy)-2-propanyl]oxy}pyridine (Pyriproxyfen) (CAS No. 95737–68–1) (provided for in subheading 2933.39.27)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(65)

Certain Light Stabilizer
Heading 9902.06.14 is amended—
(A)
by amending the article description to read as follows: “N-[6-[formyl-(2,2,6,6-tetramethylpiperidin-4-yl)amino]hexyl]-N-(2,2,6,6-tetramethylpiperidin-4-yl)formamide (CAS No. 124172–53–8) (provided for in subheading 2933.39.61)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(66)

N,N′-Bis(2,2,6,6-tetramethyl-4-piperidinyl)isoph
Heading 9902.06.16 is amended—
(A)
by amending the article description to read as follows: “N,N′-Bis(2,2,6,6-tetramethyl-4-piperidinyl)isophthalamide (CAS No. 42774–15–2) (provided for in subheading 2933.39.61)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(67)

UV absorber
Heading 9902.06.17 is amended—
(A)
by amending the article description to read as follows: “3-Dodecyl-1-(2,2,6,6-tetramethyl-4-piperidinyl)-2,5-pyr- rolidinedione (CAS No. 79720–19–7) (provided for in subheading 2933.39.61)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(68)

Acylated sterically hindered light stabilizer
Heading 9902.06.18 is amended—
(A)
by amending the article description to read as follows: “1-(1-Acetyl-2,2,6,6-tetramethyl-4-piperidinyl)-3-dodecyl- 2,5-pyrrolidinedione (CAS No. 106917–31–1) (provided for in subheading 2933.39.61)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(69)

Pyrimethanil
Heading 9902.06.32 is amended—
(A)
by amending the article description to read as follows: “4,6-Dimethyl-N-phenylpyrimidin-2-amine (Pyrimethanil) (CAS No. 53112–28–0) (provided for in subheading 2933.59.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(70)

Benzyladenine
Heading 9902.06.33 is amended—
(A)
by amending the article description to read as follows: “N-Benzyl-3H-purin-6-amine (Benzyladenine) (CAS No. 1214–39–7) (provided for in subheading 2933.59.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(71)

Pyrifluquinazon
Heading 9902.06.40 is amended—
(A)
by amending the article description to read as follows: “1-Acetyl-1,2,3,4-tetrahydro-3-[(3-pyridylmethyl)amino]- 6-[1,2,2,2-tetrafluoro-1-(trifluoromethyl) ethyl] quinazolin-2-one (Pyrifluquinazon) (CAS No. 337458–27–2) (provided for in subheading 2933.59.70)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(72)

Hexazinone
Heading 9902.06.52 is amended—
(A)
by amending the article description to read as follows: “3-Cyclohexyl-6-dimethylamino-1-methyl-1,3,5-triazine- 2,4(1H,3H)-dione (Hexazinone) (CAS No. 51235–04–2) (provided for in subheading 2933.69.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(73)

Pymetrozine
Heading 9902.06.53 is amended—
(A)
by amending the article description to read as follows: “6-Methyl-4-{[(1E)-pyridin-3-ylmethylene]amino}-4,5- dihydro-1,2,4-triazin-3(2H)-one (Pymetrozine) (CAS No. 123312–89–0) (provided for in subheading 2933.69.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(74)

Low volatile hydroxyphenyl triazine UV absorber
Heading 9902.06.59 is amended—
(A)
by amending the article description to read as follows: “2-(4,6-Diphenyl-1,3,5-triazin-2-yl)-5-(hexyloxy)phenol (CAS No. 147315–50–2) (provided for in subheading 2933.69.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(75)

Very low volatile hydroxyphenyl triazine UV absorber
Heading 9902.06.60 is amended—
(A)
by amending the article description to read as follows: “2-[4,6-Di(4-biphenylyl)-1,3,5-triazin-2-yl]-5-[(2-ethylhexyl)oxy]phenol (CAS No. 204583–39–1) (provided for in subheading 2933.69.60)” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(76)

Terbutryn
Heading 9902.06.61 is amended—
(A)
by amending the article description to read as follows: “(4E)-4-(Ethylimino)-N-(2-methyl-2-propanyl)-6-(methylsulfanyl)- 1,4-dihydro-1,3,5-triazin-2-amine (Terbutryn) (CAS No. 886–50–0) (provided for in subheading 2933.69.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(77)

Bonding agent for polyester-reinforced rubber products
Heading 9902.06.69 is amended—
(A)
by amending the article description to read as follows: “N,N′-(Methylenedi-p-phenylene)bis[hexahydro-2- oxo-1H-azepine-1-carboxamide] (CAS No. 54112–23–1) (provided for in subheading 2933.79.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(78)

Myclobutanil technical fungicide
Heading 9902.06.70 is amended—
(A)
by amending the article description to read as follows: “2-(4-Chlorophenyl)-2-(1H-1,2,4-triazol-1-ylmethyl)hexanenitrile (Myclobutanil) (CAS No. 88671–89–0) (provided for in subheading 2933.99.06)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(79)

Triadimefon
Heading 9902.06.75 is amended—
(A)
by amending the article description to read as follows: “1-(4-Chlorophenoxy)-3,3-dimethyl-1-(1,2,4-triazol-1-yl)butan-2-one (Triadimefon) (CAS No. 43121–43–3) (provided for in subheading 2933.99.22)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(80)

Pyraziflumid
Heading 9902.06.76 is amended—
(A)
by amending the article description to read as follows: “N-(3′,4′-Difluorobiphenyl-2-yl)-3-(trifluoromethyl)pyra- zine-2-carboxamide (Pyraziflumid) (CAS No. 942515–63–1) (provided for in subheading 2933.99.22)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(81)

ECONEA technical
Heading 9902.06.88 is amended—
(A)
by amending the article description to read as follows: “4-Bromo-2-(4-chlorophenyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile (Tralopyril) (CAS No. 122454–29–9) (provided for in subheading 2933.99.22)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(82)

Ultraviolet light absorber
Heading 9902.06.89 is amended—
(A)
by amending the article description to read as follows: “2-(Benzotriazol-2-yl)-4,6-bis(2-methylbutan-2-yl)phenol (CAS No. 25973–55–1) (provided for in subheading 2933.99.79)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(83)

2-(2H-Benzotriazol-2-yl)-4,6-bis(1-methyl-1-phenylethyl)phenol
Heading 9902.06.90 is amended—
(A)
by amending the article description to read as follows: “2-(Benzotriazol-2-yl)-4,6-bis(2-phenylpropan-2-yl)phenol (CAS No. 70321–86–7) (provided for in subheading 2933.99.79)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(84)

Isavuconazonium sulfate
Heading 9902.07.03 is amended—
(A)
by amending the article description to read as follows: “(2-{[(1-{1-[(2R,3R)-3-[4-(4-Cyanophenyl)-1,3-thiazol-2-yl]-2- (2,5-difluorophenyl)-2-hydroxybutyl]-1H-1,2,4- triazol-4-ium-4-yl}ethoxy)carbonyl](methyl)amino}-3- pyridinyl)methyl N-methylglycinate hydrogen sulfate (Isavuconazonium Sulfate) (CAS No. 946075–13–4) (provided for in subheading 2934.10.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(85)

Ethaboxam
Heading 9902.07.08 is amended—
(A)
by amending the article description to read as follows: “N-[Cyano(2-thienyl)methyl]-4-ethyl-2-(ethylamino)-1,3- thiazole-5-carboxamide (Ethaboxam) (CAS No. 162650–77–3) (provided for in subheading 2934.10.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(86)

Propiconazole
Heading 9902.07.16 is amended—
(A)
by amending the article description to read as follows: “1-[[2-(2,4-Dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]- methyl]-1H-1,2,4-triazole (Propiconazole) (CAS No. 60207–90–1) (provided for in subheading 2934.99.12)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(87)

Etoxazole
Heading 9902.07.35 is amended—
(A)
by amending the article description to read as follows: “2-(2,6-Difluorophenyl)-4-[2-ethoxy-4-(2-methyl-2-propanyl)phenyl]- 4,5-dihydro-1,3-oxazole (Etoxazole) (CAS No. 153233–91–1) (provided for in subheadling 2934.99.18)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(88)

Flucarbazone-sodium
Heading 9902.07.65 is amended—
(A)
by amending the article description to read as follows: “Sodium [(3-methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4- triazol-1-yl)carbonyl]{[2-(trifluorometh- oxy)phenyl]sulfonyl}azanide (Flucarbazone-sodium) (CAS No. 181274–17–9) (provided for in subheading 2935.90.75)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(89)

Imazosulfuron
Heading 9902.07.71 is amended—
(A)
by amending the article description to read as follows: “2-Chloro-N-[(4,6-dimethoxy-2-pyrimidinyl)carba- moyl]imidazo[1,2-a]pyridine-3-sulfonamide (Imazosulfuron) (CAS No. 122548–33–8) (provided for in subheading 2935.90.75)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(90)

Purified steviol glycoside, rebaudioside M
Heading 9902.07.76 is amended—
(A)
by amending the article description to read as follows: “(4-α)-13-[(O-β-D-Glucopyranosyl-(1-2)-O-[β-D- glucopyranosyl-(1-3)]-β-D-glucopyranosyl)oxy]-kaur-16- en-18-oic acid O-β-D-glucopyranosyl-(1-2)-O-[β-D-glucopyranosyl- (1-3)]-β-D-glucopyranosyl ester (Rebaudioside M) (CAS No. 1220616–44–3) (provided for in subheading 2938.90.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(91)

Trehalose
Heading 9902.07.78 is amended—
(A)
by amending the article description to read as follows: “Trehalose (α-D-glucopyranosyl α-D-glucopyranoside dihydrate) (CAS No. 6138–23–4) (provided for in subheading 2940.00.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(92)

Chlorophyllin
Heading 9902.07.80 is amended—
(A)
by amending the article description to read as follows: “Chlorophyllin-copper complex (CAS No. 11006–34–1) (provided for in subheading 2942.00.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(93)

Disperse Blue 56
Heading 9902.07.85 is amended—
(A)
by amending the article description to read as follows: “Disperse Blue 56 (1,5-diamino-2-bromo-4,8-dihydroxy-9,10-anthraquinone) (CAS No. 68134–65–6) (provided for in subheading 3204.11.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(94)

Disperse Blue 284
Heading 9902.07.86 is amended—
(A)
by amending the article description to read as follows: “Disperse Blue 284 (({4-[(E)-(3,5-dinitro-2-thienyl)diazenyl]phenyl}imino)di-2,1-ethanediyl diacetate) (CAS No. 42783–06–2) (provided for in subheading 3204.11.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(95)

Mixture of Disperse Blue 60 M, Disperse Blue 60 ME
Heading 9902.07.88 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 4,11-diamino-2-(3-methoxypropyl)-1H-Naph- tho[2,3-f]isoindole-1,3,5,10(2H)-tetrone (Disperse Blue 60 M) (CAS No. 12217–80–0) and 4,11-diamino-2-[3-(2-methoxyeth- oxy)propyl]-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone (Disperse Blue 60 ME) (CAS No. 65059–45–2) (provided for in subheading 3204.11.35)” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(96)

Mix of Disperse Blue 77, 56, 60M, 60ME, 77
Heading 9902.07.89 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 1-anilino-4,5-dihydroxy-8-nitro-9,10-anthraquinone (Disperse Blue 77) (CAS No. 20241–76–3); 1,5-diamino-2-bromo-4,8-dihydroxy-9,10-anthraquinone (Disperse Blue 56) (CAS No. 68134–65–6); 4,11-diamino-2-(3-methoxypropyl)-1H-naphtho[2,3- f]isoindole-1,3,5,10(2H)-tetrone (Disperse Blue 60 M) (CAS No. 12217–80–0) and 4,11-diamino-2-[3-(2-methoxyethoxy)propyl]-1H- naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone (Disperse Blue 60 ME) (CAS No. 65059–45–2) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(97)

Mixture of Disperse Yellow 64, 211, 42, and 54
Heading 9902.07.90 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 2-(4-Bromo-3-hydroxy-2-quinolinyl)-1H-indene-1,3(2H)-dione (Disperse Yellow 64) (CAS No. 10319–14–9); 5-[(E)-(4-Chloro-2-nitrophenyl)diazenyl]-1-ethyl-6-hydroxy-4-methyl-2- oxo-1,2-dihydro-3-pyridinecarbonitrile (Disperse Yellow 211) (CAS No. 70528–90–4); 4-Anilino-3-nitro-N-phenylbenzenesulfonamide (Disperse Yellow 42) (CAS No. 5124–25–4) and 2-(3-Hydroxy-2-quinolinyl)-1H-indene-1,3(2H)-dione (Disperse Yellow 54) (CAS No. 7576–65–0) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(98)

Dye mixture
Heading 9902.07.92 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Yellow 163 (3,3′-({4-[(E)-(2,6-Dichloro-4-nitrophenyl)diazenyl] phenyl}imino)dipropanenitrile) (CAS No. 67923–43–7); Solvent Yellow 163 (1,8-Bis(phenylthio)anthracene-9,10-dione) (CAS No. 13676–91–0); Disperse Blue 56 (1,5-Diamino-2-bromo-4,8-dihydroxy-9,10-anthraquinone) (CAS No. 68134–65–6); Disperse Blue 77 (1-Anilino-4,5-dihydroxy-8-nitro-9,10-anthraquinone) (CAS No. 20241–76–3); Disperse Red 1042A (5-[2-(2-Cyano-4-nitrophenyl)diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridinecarbonitrile) (CAS No. 149988–44–3); Disperse Red 1042B (5-[(2-Cyano-4-nitrophenyl)diazenyl]-6-[[2-(2- hydroxyethoxy)ethyl]amino]-4-methyl-2-(phenylamino)-3-pyridine carbonitrile) (CAS No. 137428–29–6); Disperse Blue 60 M (4,11-Diamino-2-(3-methoxypropyl)-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 12217–80–0) and Disperse Blue 60 ME (4,11-Diamino-2-[3-(2-methoxyethoxy)propyl]-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 65059–45–2) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(99)

Mixture of Disperse Orange T9601, etc
Heading 9902.07.93 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Orange 288 (3-(Benzyl{4-[(4-nitrophenyl)diazenyl] phenyl}amino)propanenitrile) (CAS No. 96662–24–7); Disperse Blue 291:1 (N-{2-[(E)-(2-Bromo-4,6-dinitrophenyl)diazenyl]-5-(diallylamino)-4- methoxyphenyl}acetamide) (CAS No. 51868–46–3) and Disperse Violet 93:1 (N-{2-[(E)-(2-Bromo-4,6-dinitro- phenyl)diazenyl]-5-(diethylamino)phenyl}acetamide) (CAS No. 52697–38–8) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(100)

Mixtures of Solvent Yellow 163 and other products
Heading 9902.07.94 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Solvent Yellow 163 (1,8-Bis(phenylsulfanyl)-9,10-anthraquinone) (CAS No. 13676–91–0); Disperse Blue 56 (1,5-Diamino-2-bromo-4,8-dihydroxy-9,10-anthraquinone) (CAS No. 68134–65–6); Disperse Red 167:1 ({3-(Acetylamino)-4-[(2-chloro-4-nitrophenyl)azo]phenyl}imino)diethane-2,1-diyl diacetate) (CAS No. 1533–78–4); Disperse Orange 29 (4-({2-Methoxy-4-[(4-nitrophenyl)diazenyl]phenyl}diazenyl)phenol) (CAS No. 19800–42–1); Disperse Red 1042A (5-[2-(2-Cyano-4-nitrophenyl)diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridinecarbonitrile) (CAS No. 149988–44–3); Disperse Red 1042B (5-[(2-Cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-2-(phenylamino)-3-pyridine carbonitrile) (CAS No. 137428–29–6); Disperse Blue 60 M (4,11-Diamino-2-(3-methoxypropyl)-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 12217–80–0) and Disperse Blue 60 ME (4,11-Diamino-2-[3-(2-methoxyethoxy)propyl]-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 65059–45–2) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(101)

Textile dye mxtures
Heading 9902.07.95 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue ANT (Br) (N-[5-(acetylamino)-4-[2-(2-bromo-4,6- dinitrophenyl)diazenyl]-2-methoxy- phenyl]-N-(2-methoxy-2-oxoethyl)-glycine, methyl ester) (CAS No. 88938–51–6); Disperse Green GNA (N-[5-(acetylamino)-2-methoxy- 4-[2-(5-nitro- 2,1-benzisothiazol-3-yl)diazenyl]phenyl]-N- (2-methoxy-2-oxoethyl)-glycine, methyl ester) (CAS No. 1235882–84–4); Disperse Yellow FC60954 (4-[2-(5-cyano-1,6-dihydro-2-hydroxy-1,4-dimethyl-6-oxo-3- pyridinyl)diazenyl]-benzoic acid, 2-phenoxyethyl ester) (CAS No. 88938–37–8); Disperse Red DYNS 2246 (N-[4-[2-(2-cyano-4-nitrophenyl)diazenyl]phe- nyl]-N-(phenylmethyl)-B-alanine, 2-oxopropyl ester) (CAS No. 1021394–33–1); and Disperse Yellow DYLA 1306 (1,2-dihydro-6-hydroxy-1,4- dimethyl-5-[2-[2-nitro-4-(phenyl- methoxy)phenyl]diazenyl]-2-oxo-3- pyridinecarbonitrile) (CAS No. 1613451–37–8) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(102)

Mixtures of Disperse Blue 77 and Disperse Blue 60 M
Heading 9902.07.96 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue 77 (1-anilino-4,5-dihydroxy-8-nitro-9,10-anthraquinone) (CAS No. 20241–76–3) and Disperse Blue 60 M (4,11-diamino-2-(3-methoxypropyl)-1H-naphtho[2,3-f]iso- indole-1,3,5,10(2H)-tetrone) (CAS No. 12217–80–0) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(103)

Disperse Yellow 184:1
Heading 9902.07.97 is amended—
(A)
by amending the article description to read as follows: “Disperse Yellow 232 (3-(5-chloro-2-benzoxazolyl)-7-(diethyl-amino)-2H-1-benzopyran-2-one) (CAS No. 35773–43–4) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(104)

Mixtures of Disperse Blue ANT (Br) and other dyes
Heading 9902.07.98 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue ANT (Br) (N-[5-(acetylamino)-4-[2- (2-bromo-4,6-dinitrophenyl)diazenyl]-2-methoxyphenyl]-N- (2-methoxy-2-oxoethyl)-glycine, methyl ester) (CAS No. 88938–51–6); Disperse Green GNA (N-[5-(acetylamino)-2-methoxy-4-[2-(5-nitro-2,1- benzisothiazol-3-yl)diazenyl]phenyl]-N-(2-methoxy-2-oxoethyl)-glycine, methyl ester) (CAS No. 1235882–84–4); Disperse Yellow FC60954 (4-[2-(5-cyano-1,6-dihydro-2-hydroxy- 1,4-dimethyl-6-oxo-3-pyridinyl)diazenyl]-benzoic acid, 2-phenoxyethyl ester) (CAS No. 88938–37–8) and Disperse Red DYNS 2246 (N-[4-[2-(2-cyano-4-nitrophenyl)dia- zenyl]phenyl]-N-(phenylmethyl)-B-alanine, 2-oxopropyl ester) (CAS No. 1021394–33–1) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(105)

Mixtures of Disperse Blue 60 M and other products
Heading 9902.08.01 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue 60 M (4,11-diamino-2-(3-methoxy- propyl)-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 12217–80–0); Disperse Blue 60 ME (4,11-diamino-2-[3-(2-methoxy- ethoxy)propyl]-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 65059–45–2) and Disperse Blue 1771 (8E)-8-{[2-(dibutylamino)-4-phenyl-1,3- thiazol-5-yl]imino}-2-(3-heptanyl)-7-methyl-5-oxo-5,8-dihydro[1,2,4]tri- azolo[1,5-a]pyridine-6-carbonitrile (CAS No. 169324–83–8) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(106)

Mixtures of Disperse Blue 7 and other dyes
Heading 9902.08.03 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue 77 (1-anilino-4,5-dihydroxy-8-nitro-9,10-anthraquinone) (CAS No. 20241–76–3); Disperse Red 1042A (5-[2-(2-Cyano-4-nitrophenyl)diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridinecarbonitrile) (CAS No. 149988–44–3); Disperse Red 1042B (5-[(2-cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-2- (phenylamino)-3-pyridine carbonitrile) (CAS No. 137428–29–6) and Disperse Orange FC84508 (Cyano[3-[(6-methoxy-2-benzothiazolyl)amino]-1H- isoindol-1-ylidene]acetic acid, pentyl ester) (CAS No. 173285–74–0) (provided for in 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(107)

Mix of Disperse Yellow 163, etc. (Dx black HLA-E)
Heading 9902.08.04 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Yellow 163 (3,3′-({4-[(2,6-dichloro-4-nitrophenyl)diazenyl] phenyl} imino) dipropanenitrile) (CAS No. 67923–43–7); Disperse Red 167:1 ({3-(acetylamino)-4-[(2-chloro-4-nitrophenyl)azo]phenyl}imino) diethane-2,1-diyl diacetate) (CAS No. 1533–78–4); Disperse red 60 (1-amino-4-hydroxy-2-phenoxy-9,10-anthracenedione) (CAS No. 17418–58–5); Disperse Blue 77 (1-anilino-4,5-dihydroxy-8-nitro-9,10-anthraquinone) (CAS No. 20241–76–3); Disperse Blue 56 (1,5-diamino-2-bromo-4,8-dihydroxy-9,10-anthraquinone) (CAS No. 68134–65–6); Disperse Blue 214 E (4,8-diamino-2-(4-ethoxyphenyl)-1,5-dihydroxy-9,10-anthraquinone) (CAS No. 15114–15–5) and Disperse Blue 214 EE (4,8-diamino-2-[4-(2-ethoxyethoxy) phenyl]-1,5-dihydroxy-9,10-anthraquinone) (CAS No. 23119–35–9) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(108)

Mix of Disperse Red 356, 367, & H111030
Heading 9902.08.05 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Red 356 (3-phenyl-7-(4-propoxyphe- nyl)furo[2,3-f][1]benzofuran-2,6-dione) (CAS No. 79694–17–0); Disperse Red 367 ([4-(2,6-dihydro-2,6-dioxo-7-phenylbenzo[1,2- b:4,5-b′]difuran-3-yl)phenoxy]-acetic acid, 2-ethoxyethyl ester) (CAS No. 126877–05–2) and Disperse Red H1111030 ([4-[2,6-dihydro-2,6-dioxo-7-(4-propoxyphe- nyl)benzo[1,2-b:4,5-b′]difuran-3-yl]phenoxy]-acetic acid, 2-ethoxyethyl ester) (CAS No. 126877–06–3) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(109)

Mix of Disperse Red 1042A & Disperse Red 1042B
Heading 9902.08.06 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Red 1042A (5-[2-(2-cyano-4-nitro- phenyl)diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridine carbonitrile) (CAS No. 149988–44–3) and Disperse Red 1042B (5-[(2-cyano-4-nitrophenyl)dia- zenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4- methyl-2-(phenylamino)-3-pyridine carbonitrile) (CAS No. 137428–29–6) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(110)

Mix of Disperse Blue 77, 60 M, & Disperse Yellow 71
Heading 9902.08.07 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue 77 (1-anilino-4,5-dihydroxy-8-nitro-9,10-anthraquinone) (CAS No. 20241–76–3); Disperse Blue 60 M (4,11-diamino-2-(3-methoxypropyl)-1H-naphtho[2,3-f]isoindole-1,3,5,10(2H)-tetrone) (CAS No. 12217–80–0); and Disperse Yellow 71 (9 (or 10)-Methoxy-7H-benzimidazo[2,1-a]benz[de]iso-quinolin-7-one) (CAS No. 68296–59–3) (provided for in subheading 3204.11.35)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(111)

Disperse Yellow 64
Heading 9902.08.12 is amended—
(A)
by amending the article description to read as follows: “Disperse Yellow 64 (2-(4-bromo-3-hydroxy-2-quinolinyl)-1H-indene-1,3(2H)-dione) (CAS No. 10319–14–9) (provided for in subheading 3204.11.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(112)

Mix of Disperse Blue 73 A & Disperse Blue 73 P
Heading 9902.08.13 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Disperse Blue 73 A (1,5-diamino-4,8-dihydroxy(4-methoxyphenyl)-9,10-anthracenedione) (CAS No. 31288–44–5) and Disperse Blue 73 P (1,5-diamino-4,8-dihydroxy(4-hydroxyphenyl)-9,10-anthracenedione) (CAS No. 31529–83–6) (provided for in subheading 3204.11.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(113)

Solvent Blue 182
Heading 9902.08.15 is amended—
(A)
by amending the article description to read as follows: “Acid Blue 182 (disodium;4-[4-[acetyl(methyl)amino]-2-sulfonatoanilino]-1-amino-9,10-dioxoanthracene-2-sulfonate) (CAS No. 72152–54–6) (provided for in subheading 3204.12.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(114)

Sanodal deep black HBL
Heading 9902.08.19 is amended—
(A)
by amending the article description to read as follows: “Tetrasodium [7-amino-3-[(3-chloro-2-hydroxy-5-nitrophenyl)azo]-4-hydroxy -2-naphthalenesulfonato(3-)][6-amino-4- hydroxy-3-[(2-hydroxy-5-nitro-3-sulfophenyl)azo]-2-naphthalene-sulfonato(4-)]-chromate(4-) (Sanodal Deep Black HBL) (CAS No. 184719–87–7) (provided for in subheading 3204.12.45)” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(115)

Acid Red 182
Heading 9902.08.20 is amended—
(A)
by amending the article description to read as follows: “Acid Red 182 (sodium [4-(hydroxy-κO)-3-{[2- (hydroxy-κO)-1-naphthyl]diazenyl}benzenesulfon- amidato(2-)][4-hydroxy-3-{[2-(hydroxy-κO)-1-naphthyl]diazenyl}ben- zenesulfonamidato(2-)]cobaltate(1-)) (CAS No. 58302–43–5) (provided for in subheading 3204.12.45)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(116)

Acid Orange 67
Heading 9902.08.21 is amended—
(A)
by amending the article description to read as follows: “Sodium 4-({3-[(E)-(2-methyl-4-{[(4-methylphenyl)sulfonyl] oxy}phenyl)diazenyl]phenyl}amino)-3- nitrobenzenesulfonate (Acid Orange 67) (CAS No. 12220–06–3) (provided for in subheading 3204.12.45)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(117)

Acid blue 324
Heading 9902.08.22 is amended—
(A)
by amending the article description to read as follows: “Sodium 4-[(3-acetamidophenyl)amino]-1-amino-9,10- dioxo-9,10-dihydro-2-anthracenesulfonate (Acid Blue 324) (CAS No. 70571–81–2) (provided for in subheading 3204.12.45)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(118)

Acid Blue 171
Heading 9902.08.23 is amended—
(A)
by amending the article description to read as follows: “Acid Blue 171 (sodium [6-(amino-κN)-5-[2-[2-(hydroxy-κO)-4- nitrophenyl]diazenyl-κN1]-N-methyl-2-naphthalenesulfonamidato(2-)][6-(amino-κN)-5-[2-[2-(hydroxy-κO)-4-nitro- phenyl]diazenyl-κN1]-2-naphthalenesulfonato(3-)]-Cobaltate(2-) (1:2) (1:2)) (CAS No. 75314–27–1) (provided for in subheading 3204.12.45)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(119)

Mixtures of Acid Black 220A and Acid Black 220 B
Heading 9902.08.24 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Acid Black 220 A (chromate(2-), [3-hydroxy-4-[(2- hydroxy-1-naphthalenyl)azo]-7-nitro-1-naphthalenesulfonato(3-)] [1-[(2-hydroxy-5-nitrophenyl)azo]-2-naphthalenolato(2-)]-, lithium sodium) (CAS No. 85828–76–8) and Acid Black 220 B (chromate(2-), [3-hydroxy-4-[(2-hydroxy-1- naphthalenyl)azo]-7-nitro-1-naphthalenesulfonato(3-)] [N-[7-hydroxy-8-[(2- hydroxy-5-nitrophenyl)azo]-1-naphthalenyl]acetamidato(2-)]-, lithium sodium) (CAS No. 85828–75–7) (provided for in subheading 3204.12.45)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(120)

Acid Red 87 (eosine disodium salt)
Heading 9902.08.25 is amended—
(A)
by amending the article description to read as follows: “Acid Red 87 (eosine disodium salt) (disodium 2-(2,4,5,7-tetrabromo-6-oxido-3-oxoxanthen-9-yl)benzoate) (CAS No. 17372–87–1) (provided for in subheading 3204.12.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(121)

Acid Blue 80
Heading 9902.08.27 is amended—
(A)
by amending the article description to read as follows: “Acid Blue 80 (disodium 3,3′-[(9,10-dioxo-9,10-dihydroanthra- cene-1,4-diyl)diimino]bis(2,4,6-trimethyl- benzenesulfonate) (CAS No. 4474–24–2) (provided for in subheading 3204.12.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(122)

Basic Yellow 40 dye
Heading 9902.08.29 is amended—
(A)
by amending the article description to read as follows: “Basic Yellow 40 (2-[7-(diethylamino)-2-oxo-2H-chromen- 3-yl]-1,3-dimethyl-1H-3,1-benzimidazol-3-ium chloride) (CAS No. 29556–33–0) (provided for in subheading 3204.13.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(123)

Basic Red 1:1
Heading 9902.08.31 is amended—
(A)
by amending the article description to read as follows: “Basic Red 1:1 (3,6-bis (ethylamino)-9-[2-(methoxycarbonyl) phenyl]-2,7-dimethylxanthenium chloride) (CAS No. 3068–39–1) (provided for in subheading 3204.13.80)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(124)

Direct Blue 71
Heading 9902.08.35 is amended—
(A)
by amending the article description to read as follows: “Direct Blue 71 (tetrasodium 3-[(E)-{4-[(E)-{4-[(E)-(6-amino-1-hydroxy-3-sulfonato-2-naphthyl) diazenyl]-6-sulfonato-1-naphthyl} diazenyl]-1-naphthyl}diazenyl]-1,5-naphthalenedisulfonate) (CAS No. 4399–55–7) (provided for in subheading 3204.14.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(125)

Direct Blue 279
Heading 9902.08.36 is amended—
(A)
by amending the article description to read as follows: “Direct Blue 279 (4-N-(5,8-dimethoxy-2,4-dimethylquinolin-6-yl)-1-N,1-N-diethylpentane- 1,4-diamine) (CAS No. 72827–89–5) (provided for in subheading 3204.14.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(126)

Direct Violet 51
Heading 9902.08.37 is amended—
(A)
by amending the article description to read as follows: “Disodium 7-anilino-3-[(E)-{4-[(E)-(2,4-dimethyl-6-sulfonatophenyl) diazenyl]-2-methoxy-5-methylphenyl} diazenyl]-4-hydroxy-2-naphthalenesulfonate (Direct Violet 51) (CAS No. 5489–77–0) (provided for in subheading 3204.14.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(127)

Direct Violet 9 crude
Heading 9902.08.38 is amended—
(A)
by amending the article description to read as follows: “Disodium 7-anilino-4-hydroxy-3-({2-methoxy-5-methyl-4-[(4-sulfonatophenyl) diazenyl] phenyl} diazenyl)-2-naphthalenesulfonate (Direct Violet 9) (CAS No. 6227–14–1) (provided for in subheading 3204.14.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(128)

Vat Red 15
Heading 9902.08.41 is amended—
(A)
by amending the article description to read as follows: “Vat Red 15 (bisbenzimidazo[2,1-b:1′,2′-j]benzo[lmn][3,8]phenanthroline-6,9-dione) (CAS No. 4216–02–8) (provided for in subheading 3204.15.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(129)

Vat Blue 66
Heading 9902.08.42 is amended—
(A)
by amending the article description to read as follows: “Vat Blue 66 (9,10-anthracenedione,1,1′-[(6-phenyl- 1,3,5-triazine-2,4-diyl)diimino]bis(3ʺ-acetyl-4-amino-)) (CAS No. 32220–82–9) (provided for in subheading 3204.15.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(130)

Reactive Blue 19
Heading 9902.08.48 is amended—
(A)
by amending the article description to read as follows: “Reactive Blue 19 (Disodium 1-amino-9,10-dioxo-4-[(3-{[2-(sulfonatooxy)ethyl] sulfonyl} phenyl) amino]-9,10-dihydro-2-anthracenesulfonate) (CAS No. 2580–78–1) (provided for in subheading 3204.16.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(131)

Mixtures of Reactive Blue 19 and Reactive Blue 187
Heading 9902.08.50 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Reactive Blue 19 (1-amino-9,10-dihydro-9,10-dioxo-4-[[3-[[2-(sulfooxy)ethyl]sulfonyl] phenyl] amino]-2-anthracenesulfonic acid, sodium salt (1:2)) (CAS No. 2580–78–1) and Reactive Blue 187 (1,1′-[(6,13-dichloro-4,11-disulfo-3,10-triphenodioxazinediyl) bis [imino-2,1-ethanediylimino[6-[(2,5-disulfophenyl) amino]-1,3,5-triazine-4,2-diyl]]] bis [3-carboxy-, bis(inner salt), hexasodium salt) (CAS No. 79771–28–1) (provided for in subheading 3204.16.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(132)

Reactive Blue FC75311
Heading 9902.08.51 is amended—
(A)
by amending the article description to read as follows: “Reactive Blue FC75311 (sodium [2-[2-[[2-[3-[[4-fluoro-6-[phenyl[2-[[2-(sulfooxy) ethyl]sulfonyl] ethyl]amino]-1,3,5-triazin-2-yl]amino]-2-(hydroxy-κO)-5-sulfophenyl] diazenyl-κN] phenylmethyl] diazenyl-κN]-4-sulfobenzoato (6-)-κO]-cuprate(4-) (CAS No. 156830–72–7) (provided for in subheading 3204.16.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(133)

Reactive Yellow F00-0155
Heading 9902.08.52 is amended—
(A)
by amending the article description to read as follows: “Reactive Yellow F00-0155 (1H-xantheno[2,1,9-def]isoquinoline-5,9-disulfonic acid, 2,3-dihydro-1,3-dioxo-2-[3-[[2-(sulfooxy)ethyl]sulfonyl]phenyl]-, potassium sodium salt (1:?:?)) (CAS No. 1309975–18–5) (provided for in subheading 3204.16.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(134)

Mixtures of Reactive Red 198 and Reactive Red 239
Heading 9902.08.53 is amended—
(A)
by amending the article description to read as follows: “Mixtures of Reactive Red 198 (5-[[4-chloro-6-[(3-sulfophenyl) amino]-1,3,5-triazin-2-yl] amino]-4-hydroxy-3-[[4-[[2-(sulfoxy)ethyl] sulfonyl]phenyl]azo]-2,7- naphthalenedisulfonic acid, sodium salt (1:?)) (CAS No. 78952–61–1) and Reactive Red 239 (2-[2-[8-[[4-chloro-6-[[4-[[2-(sulfooxy)ethyl] sulfonyl] phenyl]amino]-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6- disulfo-2-naphthalenyl]diazenyl]-1,5-naphthalenedisulfonic acid, sodium salt (1:5)) (CAS No. 89157–03–9) (provided for in subheading 3204.16.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(135)

Reactive Blue 187
Heading 9902.08.54 is amended—
(A)
by amending the article description to read as follows: “Reactive Blue 187 (1,1′-[(6,13-dichloro-4,11-disulfo-3,10- triphenodioxazinediyl) bis [imino-2,1-ethanediylimino [6-[(2,5-disulfophenyl) amino]-1,3,5-triazine-4,2-diyl]]] bis [3- carboxylatopyridinium], dihydroxide, bis (inner salt), hexasodium salt) (CAS No. 79771–28–1) (provided for in subheading 3204.16.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(136)

Reactive Orange 131
Heading 9902.08.55 is amended—
(A)
by amending the article description to read as follows: “Reactive Orange 131 (2,4-diamino-3-[4-(2-sulfoxyethylsulfonyl)-phenylazo] -5-[4-(2-sulfoxyethylsulfonyl)-2-sulfophenylazo]- benzenesulfonic acid, potassium sodium salt) (CAS No. 187026–95–5) (provided for in 3204.16.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(137)

Reactive Black 5
Heading 9902.08.56 is amended—
(A)
by amending the article description to read as follows: “Reactive Black 5 (tetrasodium 4-amino-5-hydroxy-3,6-bis [(4-{[2-(sulfonatooxy)ethyl] sulfonyl} phenyl)diazenyl]-2,7-naphthalenedisulfonate) (CAS No. 17095–24–8) (provided for in subheading 3204.16.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(138)

Copper phthalocyanine monosulfonate
Heading 9902.08.60 is amended—
(A)
by amending the article description to read as follows: “Copper phthalocyanine monosulfonate (hydrogen [29H,31H-phthalocyaninesulphonato (3-)-N29, N30, N31, N32]cuprate(1-)), not ready for use as pigment (CAS No. 28901–96–4) (provided for in subheading 3204.17.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(139)

Pigment intermediate
Heading 9902.08.62 is amended—
(A)
by amending the article description to read as follows: “Mixture of nonchlorinated copper phthalocyanine blue crude not ready for use as pigment (CAS No. 147–14–8) (30–40 percent by weight) and chlorinated copper phthalocyanine blue crude not ready for use as pigment (CAS No. 68987–63–3) (60–70 percent by weight) (provided for in subheading 3204.17.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(140)

Copper phthalocyanine green 7
Heading 9902.08.63 is amended—
(A)
by amending the article description to read as follows: “[1,2,3,4,8,9,10,11,15,16,17,18,22,23,25-Pentadecachloro-29,31-dihydro-5H, 26H-phthalocyaninato (2-) -κ2 N29, N31] copper (CAS No. 1328–53–6) (provided for in subheading 3204.17.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(141)

Copperchloro PCN crude for pigment making
Heading 9902.08.64 is amended—
(A)
by amending the article description to read as follows: “Copper chlorophthalocyanine, crude not ready for use as pigment (CAS No. 12239–87–1) (provided for in subheading 3204.17.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(142)

Solvent Yellow 160:1
Heading 9902.08.66 is amended—
(A)
by amending the article description to read as follows: “Solvent Yellow 160:1 (3-(5-chloro-1,3-benzoxazol-2-yl)-7-(diethylamino)chromen-2-one) (CAS No. 35773–43–4) (provided for in subheading 3204.19.11)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(143)

Solvent Blue 104
Heading 9902.08.70 is amended—
(A)
by amending the article description to read as follows: “Solvent Blue 104 (1,4-bis(mesitylamino)-9,10-anthraquinone) (CAS No. 116–75–6) (provided for in subheading 3204.19.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(144)

Mono or diphthalimido methyl copper phthalocyanine
Heading 9902.08.82 is amended—
(A)
by amending the article description to read as follows: “Mono or diphthalimido methyl copper phthalocyanine ([2-(29H, 31H-phthalocyaninylmethyl) -1H -isoindole-1,3 (2H)-dionato (2-)-N29, N30, N31, N32] copper) (CAS No. 42739–64–0) (provided for in subheading 3204.19.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(145)

Solubilized sulphur black 1
Heading 9902.08.83 is amended—
(A)
by amending the article description to read as follows: “Solubilized Sulphur Black 1 (CAS No. 1326–83–6) (provided for in subheading 3204.19.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(146)

Phthalocyanine blue additive
Heading 9902.08.86 is amended—
(A)
by amending the article description to read as follows: “N, N-Dimethyl-N-octadecyl-1-octadecanaminium-(Sp-4-2)- [29H, 31H-phthalocyanine-2- sulfonato- N29, N30,N31, N32] cuprate (phthalocyanine blue additive) (CAS No. 70750–63–9) (provided for in subheading 3204.90.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(147)

Pigment Yellow 184
Heading 9902.08.89 is amended—
(A)
by amending the article description to read as follows: “Pigment Yellow 184 (bismuth vanadium oxide) (CAS No. 14059–33–7) (provided for in subheading 3206.49.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(148)

Polymeric wetting agent
Heading 9902.09.11 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 1-butanol (CAS No. 71–36–3); 1-propoxy-2-propanol (mixed isomers) (CAS No. 1569–01–3); siloxanes and silicones, dimethyl, 3-hydroxypropyl methyl, ethoxylated propoxylated (CAS No. 68937–55–3); 2-methyloxirane, oxirane, 3-prop-2-enoxyprop-1-ene (CAS No. 9041–33–2); urea, polymer with formaldehyde, methylated (CAS No. 68071–45–4); 2-propanol (CAS No. 67–63–0); 2-amino-2-methyl-1-propanol (CAS No. 124–68–5); 2-methyl-2-(methylamino)-1-propanol (CAS No. 27646–80–6); methanol (CAS No. 67–56–1) and water (CAS No. 7732–18–5) (provided for in subheading 3402.19.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(149)

Party popper
Heading 9902.09.15 is amended—
(A)
by amending the article description to read as follows: “Party poppers (Class 1.4G) (provided for in subheading 3604.90.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(150)

β-Cyfluthrin formulations
Heading 9902.09.19 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing (RS)-α-cyano-4-fluoro-3-phenoxybenzyl (1RS,3RS,1RS,3SR)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate (β-Cyfluthrin) (CAS No. 68359–37–5) (provided for in subheading 3808.91.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(151)

Imidacloprid and β-cyfluthrin formulations
Heading 9902.09.21 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing 1-(6-chloro-3-pyridinyl)methyl-N-nitroimidazolidin-2-ylideneamine (Imidacloprid) (CAS No. 138261–41–3) and (RS)-α-cyano-4-fluoro-3-phenoxybenzyl (1RS, 3RS;1RS, 3SR)- 3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate (β-Cyfluthrin) (CAS No. 68359–37–5) (provided for in subheading 3808.91.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(152)

Acequinocyl
Heading 9902.09.28 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 3-dodecyl-1,4-dioxo-1,4-dihydronaphthalen-2-yl acetate (CAS No. 57960–19–7) (Acequinocyl) and application adjuvants (provided for in subheading 3808.91.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(153)

Gamma-cyhalothrin formulations
Heading 9902.09.30 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing Cyano (3-phenoxyphenyl) methyl 3-[ (1Z)-2-chloro-3,3,3-trifluoro-1-propen-1-yl] -2,2-dimethylcyclopropanecarboxylate (gamma-cyhalothrin) and application adjuvants (CAS No. 76703–62–3) (provided for in subheading 3808.91.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(154)

Azadirachtin
Heading 9902.09.33 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing dimethyl (2aR,3S,4S,4aR,5S,7aS,8S,10R,10aS, 10bR)-10-acetoxy-3,5-dihydroxy-4[(1aR, 2S, 3aS, 6aS, 7S, 7aS)-6a-hydroxy-7a-methyl-3a,6a,7,7a-tetrahydro-2,7-methanofuro [2,3-b] oxireno[e]oxepin-1a(2H)-yl]-4-methyl-8-{[(2E)-2-methylbut-2-enoyl] oxy} octahydro-1H-naphtho [1,8a-c:4,5-b′c′] difuran-5,10a (8H)-dicarboxylate (Azadirachtin) (CAS No. 11141–17–6) (provided for in subheading 3808.91.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(155)

Insecticides, aromatic or modified aromatic
Heading 9902.09.38 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 1-methyl-2-nitro-3-(oxolan-3-ylmethyl)guanidine (Dinotefuran) (CAS No. 165252–70–0) with application adjuvants (provided for in subheading 3808.91.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(156)

Metalaxyl, Penflufen, and Prothioconazole fungicides
Heading 9902.09.40 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing methyl N-(2-methoxyacetyl)-N-(2,6-xylyl)-DL-alaninate (Metalaxyl) (CAS No. 57837–19–1), 5-fluoro-1,3-dimethyl-N-[2-(4-methylpentan-2-yl) phenyl] -1H-pyrazole-4-carboxamide (Penflufen) (CAS No. 494793–67–8) and 2-[(2RS)-2-(1-chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-2H-1,2,4-triazole-3(4H)-thione (Prothioconazole) (CAS No. 178928–70–6) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(157)

Fluoxastrobin formulations
Heading 9902.09.41 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing (E)-{2-[6-(2-chlorophenoxy)-5-fluoropyrimidin-4-yloxy] phenyl} (5,6-dihydro-1,4,2-dioxazin-3-yl) methanone O-methyloxime (Fluoxastrobin) (CAS No. 361377–29–9) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(158)

Fluopyram and tebuconazole formulations
Heading 9902.09.48 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing N-{2-[3-chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl}-2-(trifluoromethyl) benzamide (Fluopyram) (CAS No. 658066–35–4) and 1-(4-chlorophenyl)-4,4-dimethyl-3-(1H-1,2,4-triazol-1-ylmethyl) pentan-3-ol (Tebuconazole) (CAS No. 107534–96–3) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(159)

Trifloxystrobin and tebuconazole formulations
Heading 9902.09.53 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing methyl (E)-methoxyimino-{(E)-2-[1-(α,α,α-trifluoro-m-tolyl) ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) and (RS)-1-p-chlorophenyl-4,4-dimethyl-3-(1H-1,2,4-triazol-1-ylmethyl) pentan-3-ol (Tebuconazole) (CAS No. 107534–96–3) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(160)

Fluopyram + pyrimethanil formulations
Heading 9902.09.54 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)pyridin-2-yl]ethyl]-2-(trifluoromethyl) benzamide (Fluopyram) (CAS No. 658066–35–4) and 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil) (CAS No. 53112–28–0) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(161)

Fluopyram and trifloxystrobin formulations
Heading 9902.09.55 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)pyridin-2-yl]ethyl]-2-(trifluoromethyl) benzamide (Fluopyram) (CAS No. 658066–35–4) and methyl (E)-methoxyimino-{(E)-2-[1-(α,α,α-trifluoro-m-tolyl) ethylideneaminooxy]-o-tolyl} acetate (Trifloxystrobin) (CAS No. 141517–21–7) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(162)

Trifloxystrobin formulations
Heading 9902.09.57 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing methyl (2E)-(methoxyimino)[2-({[(E)-{1-[3-(trifluoromethyl) phenyl] ethylidene}amino]oxy}methyl)phenyl]acetate (Trifloxystrobin) (CAS No. 141517–21–7) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(163)

Fluopyram and prothioconazole formulations
Heading 9902.09.58 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)pyridin-2-yl]ethyl]-2-(trifluoromethyl) benzamide (Fluopyram) (CAS No. 658066–35–4) and (RS)-2-[2-(1-chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl] -2,4-dihydro-1,2,4-triazole-3-thione (Prothioconazole) (CAS No. 178928–70–6) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(164)

Prothioconazole formulations
Heading 9902.09.59 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing 2-[2-(1-chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl] -1,2-dihydro-3H-1,2,4-triazole-3-thione (Prothioconazole) (CAS No. 178928–70–6) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(165)

Fluopyram formulations
Heading 9902.09.61 is amended—
(A)
by amending the article description to read as follows: “Mixtures of N-[2-[3-chloro-5-(trifluoromethyl) pyridin-2-yl]ethyl]-2-(trifluoromethyl) benzamide (Fluopyram) (CAS No. 658066–35–4) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(166)

Fluopyram and imidacloprid formulations
Heading 9902.09.62 is amended—
(A)
by amending the article description to read as follows: “Mixtures of N-[2-[3-chloro-5-(trifluoromethyl) pyridin-2-yl]ethyl]-2-(trifluoromethyl) benzamide (Fluopyram) (CAS No. 658066–35–4) and N-[1-[(6-chloropyridin-3-yl)methyl]-4,5-dihydroimidazol-2-yl] nitramide (Imidacloprid) (CAS No. 138261–41–3) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(167)

Iprodione and trifloxystrobin formulations
Heading 9902.09.70 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing 3-(3,5-dichlorophenyl)-N-isopropyl-2,4-dioxo-1-imidazolidinecarboxamide (Iprodione) (CAS No. 36734–19–7) and methyl (2E)-(methoxyimino) [2-({[(E)-{1-[3-(trifluoromethyl) phenyl]ethylidene}amino]oxy}methyl)phenyl] acetate (Trifloxystrobin) (CAS No. 141517–21–7) (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(168)

Tetraconazole and azoxystrobin
Heading 9902.09.71 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 1-[2-(2,4-dichlorophenyl)-3-(1,1,2,2-tetrafluoroethoxy)-propyl]-1H-1,2,4-triazole (Tetraconazole) (CAS No. 112281–77–3), methyl (2E)-2-(2-{[6-(2-cyanophenoxy)-4-pyrimidinyl]oxy}phenyl)-3-methoxyacrylate (Azoxystrobin) (CAS No. 131860–33–8) and application adjuvants (provided for in subheading 3808.92.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(169)

Mixtures of at least 95 percent by weight allyl isothiocyanate and application adjuvants
Heading 9902.09.75 is amended—
(A)
by amending the article description to read as follows: “Mixtures of at least 95 percent by weight allyl isothiocyanate (3-isothiocyanato-1-propene) (CAS No. 57–06–7), and application adjuvants (provided for in subheading 3808.92.28)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(170)

Polyoxin D zinc salt
Heading 9902.09.79 is amended—
(A)
by amending the article description to read as follows: “Formulations of zinc 1-{(2R,3R,4S,5R)-5-[(S)-{[(2S,3S,4S)-2-amino-5-carbamoyloxy)-3,4-dihydroxypentanoyl] amino}(carboxylato)methyl]-3,4-dihydroxytetrahydro-2-furanyl}-2,4-dioxo-1,2,3,4-tetrahydro-5-pyrimidinecarboxylate (Polyoxin D zinc salt) (CAS No. 146659–78–1) (provided for in subheading 3808.92.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(171)

Foramsulfuron formulations
Heading 9902.09.87 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 2-[[[[(4,6-dimethoxy-2-pyrimidinyl)amino]carbonyl]amino]sulfonyl]-4-(formylamino)-N,N-dimethylbenzamide (Foramsulfuron) (CAS No. 173159–57–4) and application adjuvants (provided for in subheading 3808.93.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(172)

Indaziflam and rimsulfuron formulations
Heading 9902.09.90 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing N-[(1R,2S)-2,6-dimethyl-2,3-dihydro-1H-inden-1-yl]-6-[(1R)-1-fluoroethyl] -1,3,5-triazine-2,4-diamine (Indaziflam) (CAS No. 950782–86–2) and N-[(4,6-dimethoxy-2-pyrimidinyl) carbamoyl] -3-(ethylsulfonyl)-2-pyridinesulfonamide (Rimsulfuron) (CAS No. 122931–48–0) (provided for in subheading 3808.93.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(173)

Paclobutrazol formulations
Heading 9902.09.92 is amended—
(A)
by amending the article description to read as follows: “Mixtures of (2RS, 3RS)-1-(4-chlorophenyl)-4,4-dimethyl-2-(1H-1,2,4-triazol-1-yl)pentan-3-ol (Paclobutrazol) (CAS No. 76738–62–0) and application adjuvants (provided for in subheading 3808.93.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(174)

Prosulfuron
Heading 9902.09.93 is amended—
(A)
by amending the article description to read as follows: “Mixtures of N-[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)carbamoyl]-2-(3,3,3-trifluoropropyl) benzenesulfonamide (Prosulfuron) (CAS No. 94125–34–5) and application adjuvants (provided for in subheading 3808.93.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(175)

Mixtures of rimsulfuron
Heading 9902.10.03 is amended—
(A)
by amending the article description to read as follows: “Mixtures of N-[[(4,6-dimethoxy-2-pyrimidinyl) amino] carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide (Rimsulfuron) (CAS No. 122931–48–0) and application adjuvants (provided for in subheading 3808.93.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(176)

Certain herbicides for use on cereals
Heading 9902.10.04 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing methyl 4-{[(3-methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4-triazol-1-yl)carbonyl] sulfamoyl}-5-methyl-3-thiophenecarboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1), methyl 2-{[(4,6-dimethoxy-2-pyrimidinyl) carbamoyl] sulfamoyl}-4-{[(methylsulfonyl)amino]methyl} benzoate (Mesosulfuron-methyl) (CAS No. 208465–21–8) and diethyl 1-(2,4-dichlorophenyl)-5-methyl-4,5-dihydro-1H-pyrazole -3,5-dicarboxylate (Mefenpyr-diethyl) (CAS No. 135590–91–9) (provided for in subheading 3808.93.15)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(177)

Herbicides for weed control in grassy areas
Heading 9902.10.11 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing methyl 4-{[(3-methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4-triazol-1-yl) carbonyl] sulfamoyl}-5-methyl-3-thiophenecarboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1); 2-{[(4,6-Dimethoxy-2-pyrimidinyl) carbamoyl] sulfamoyl}-4-formamido-N,N-dimethylbenzamide (Foramsulfuron) (CAS No. 173159–57–4); and methyl 3-chloro-5-{[(4,6-dimethoxy-2-pyrimidinyl) carbamoyl] sulfamoyl}-1-methyl -1H-pyrazole-4-carboxylate (Halosulfuron-methyl) (CAS No. 100784–20–1) and application adjuvants (provided for in subheading 3808.93.15).”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(178)

Mixtures of orthosulfamuron
Heading 9902.10.12 is amended—
(A)
by amending the article description to read as follows: “Mixtures of 1-(4,6-dimethoxypyrimidin-2-yl)-3-[2-dimethylcarbamoyl) phenylsulfamoyl] urea (Orthosulfamuron) (CAS No. 213464–77–8) and application adjuvants (provided for in subheading 3808.93.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(179)

Propargite mixtures
Heading 9902.10.19 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing 2-[4-(2-methyl-2-propanyl)phenoxy]cyclohexyl 2-propyn-1-yl sulfite (CAS No. 2312–35–8) (Propargite) and application adjuvants (provided for in subheading 3808.99.95)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(180)

Mixtures used in rubber production
Heading 9902.10.28 is amended—
(A)
by amending the article description to read as follows: “Mixtures of zinc dicyanato diamine ((T-4)-diamminebis(cyanato-κN)-zinc) (CAS No. 122012–52–6) with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents (provided for in subheading 3812.10.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(181)

Antidegradants
Heading 9902.10.31 is amended—
(A)
by amending the article description to read as follows: “Antioxidizing preparations for rubber consisting of a mixture of 1,3-dihydro-4-methyl-2H-benzimidazole-2-thione and 1,3-dihydro-5-methyl-2H-benzimidazole-2-thione, in the form of zinc salts (CAS No. 61617–00–3) (provided for in subheading 3812.39.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(182)

Antioxidizing preparations
Heading 9902.10.32 is amended—
(A)
by amending the article description to read as follows: “Antioxidizing preparations for plastics containing 2,4-dimethyl-6-(1-methylpentadecyl)phenol (CAS No. 134701–20–5) (provided for in subheading 3812.39.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(183)

Phenol, 4-methyl-, reaction products
Heading 9902.10.35 is amended—
(A)
by amending the article description to read as follows: “4-Methylphenol-tricyclo[5.2.2.02,6]undecane (1:1) (CAS No. 68610–51–5) (provided for in subheading 3812.39.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(184)

Product used in agricultural film
Heading 9902.10.36 is amended—
(A)
by amending the article description to read as follows: “Hindered amine light and thermal stabilizers for plastics containing 1,6-hexanediamine,N1,N6-bis(2,2,6,6-tetramethyl-4-piperidinyl)-, polymer with 2,4,6-trichloro-1,3,5-triazine, reaction products with 3-bromo-1-propene,N-butyl-1-butanamine and N-butyl-2,2,6,6-tetramethyl-4-piperidinamine, oxidized, hydrogenated (CAS No. 247243–62–5) (provided for in subheading 3812.39.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(185)

Light stabilizer/UV-absorber for coatings
Heading 9902.10.50 is amended—
(A)
by amending the article description to read as follows: “Preparations based on N-(2-ethoxyphenyl)-N′-[4-(10-methylundecyl)phenyl] ethanediamide (CAS No. 82493–14–9) (provided for in subheading 3824.99.28)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(186)

Mixtures of C5–C18 perfluorocarbon alkanes, perfluorocarbon amines, and perfluorocarbon ethers
Heading 9902.10.57 is amended—
(A)
by amending the article description to read as follows: “Mixtures of C5–C18 perfluorocarbon alkanes, perfluorocarbon amines, and/or perfluorocarbon ethers (CAS No. 86508–42–1) (provided for in subheading 3824.99.92)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(187)

Methoxysilanated amorphous poly alpha olefin
Heading 9902.10.69 is amended—
(A)
by amending the article description to read as follows: “Silane, ethenyltrimethoxy-, reaction products with 1-butene-ethylene-propene polymer (CAS No. 832150–35–3) (provided for in subheading 3902.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(188)

Acid form dispersion
Heading 9902.10.79 is amended—
(A)
by amending the article description to read as follows: “Poly(1,1,2,2-tetrafluoro-2-[(trifluoroethenyl)oxy]ethanesulfonyl fluoride-co-tetrafluoroethylene) (CAS No. 1163733–25–2) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(189)

Fluoropolymer lithium salt powder
Heading 9902.10.81 is amended—
(A)
by amending the article description to read as follows: “Poly(1,1,2,2-tetrafluoro-2-[(trifluoroethenyl)oxy]ethanesulfonyl fluoride-co-tetrafluoroethylene) lithium salt (CAS No. 1687740–67–5) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(190)

Fluoropolymer, polyvinyl, ammonium salt
Heading 9902.10.82 is amended—
(A)
by amending the article description to read as follows: “Poly(1,1,2,2-tetrafluoro-2-[(trifluoroethenyl)oxy]ethanesulfonyl fluoride-co-tetrafluoroethylene) ammonium salt (CAS No. 1126091–34–6) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(191)

Electroactive polymer
Heading 9902.10.83 is amended—
(A)
by amending the article description to read as follows: “1,1,2-Trifluoroethene-1,1-difluoroethene (1:1) (Vinylidene fluoride-trifluoroethylene copolymer) (CAS No. 28960–88–5) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(192)

Terpolymer used in sensors
Heading 9902.10.84 is amended—
(A)
by amending the article description to read as follows: “Poly(1,1-difluoroethene-co-1-chloro-1,2,2-trifluoroethene-co -1,1,2-trifluoroethene) (CAS No. 81197–12–8) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(193)

Certain mixture for use in greases
Heading 9902.10.87 is amended—
(A)
by amending the article description to read as follows: “Mixture of poly(1-[difluoro(trifluoromethoxy)methoxy]-1,1,2,2-tetrafluoro -2-(trifluoromethoxy)ethane) (CAS No. 69991–61–3) and Perfluoropolymethylisopropyl ether (CAS No. 69991–67–9) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(194)

Additive for rust prevention
Heading 9902.10.90 is amended—
(A)
by amending the article description to read as follows: “1-Propene, 1,1,2,3,3,3-Hexafluoro-, oxidized, polymerized, reduced, hydrolized reaction products with ammonia (CAS No. 370097–12–4) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(195)

Mold release agent
Heading 9902.10.95 is amended—
(A)
by amending the article description to read as follows: “Ethene, tetrafluoro, oxidized, polymerized, reduced, methyl esters, reduced, ethoxylated (CAS No. 162492–15–1) (provided for in subheading 3904.69.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(196)

Polyvinyl formal resin
Heading 9902.11.02 is amended—
(A)
by amending the article description to read as follows: “Polyvinyl formal resin (ethenol; [(ethenyloxy)methoxy]ethene (CAS Nos. 63450–15–7, 63148–64–1, and 9003–33–2) (provided for in subheading 3905.91.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(197)

Soil enhancer
Heading 9902.11.11 is amended—
(A)
by amending the article description to read as follows: “Starch-g-poly (propenamide-co-2-propenoic acid) potassium salt (CAS No. 863132–14–3) (provided for in subheading 3906.90.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(198)

UV light absorber
Heading 9902.11.12 is amended—
(A)
by amending the article description to read as follows: “Mixtures of α-(3-(3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl) -1-oxopropyl)-ω-hydroxy-poly (oxy-1,2-ethanediyl) (CAS No. 104810–48–2); α-(3-(3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl) -1-oxopropyl)-ω- (3-(3-(2H-benzotriazol-2-yl) -5-(1,1-dimethylethyl) -4-hydroxyphenyl) -1-oxopropoxy)-poly (oxy-1,2-ethanediyl) (CAS No. 104810–47–1) and polyethylene glycol (CAS No. 25322–68–3) (provided for in subheading 3907.20.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(199)

High-performance dispersant use in concrete
Heading 9902.11.13 is amended—
(A)
by amending the article description to read as follows: “Oxirane, 2-methyl-, polymer with oxirane, monoether with 1,2-propanediol mono(2-methyl-2-propenoate) (CAS No. 220846–90–2) (provided for in subheading 3907.20.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(200)

HDI-based polyisocyanate
Heading 9902.11.49 is amended—
(A)
by amending the article description to read as follows: “Poly(1,6-diisocyanatohexane)-block-polyethylene-block-poly (1-butoxypropan-2-ol) (CAS No. 125252–47–3) (provided for in subheading 3911.90.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(201)

IPDI based aliphatic polyisocyanate
Heading 9902.11.50 is amended—
(A)
by amending the article description to read as follows: “N,N′,N″-[(2,4,6-Trioxo-1,3,5-triazine-1,3,5(2H,4H,6H)-triyl) tris [methylene(3,5,5-trimethyl-3,1-cyclohexanediyl)]] tris [hexahydro-2-oxo-1H-azepine-1-carboxamide] (CAS No. 68975–83–7) in organic solvent (provided for in subheading 3911.90.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(202)

HDI based aliphatic polyisocyanate
Heading 9902.11.51 is amended—
(A)
by amending the article description to read as follows: “3,5-Dimethyl-1H-pyrazole-oligo(hexamethylene diisocyanate) in solvents (CAS No. 163206–31–3) (provided for in subheading 3911.90.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(203)

Strips of 100% ePTFE sealant 3 mm<30 mm
Heading 9902.11.79 is amended—
(A)
by amending the article description to read as follows: “Strips wholly of expanded poly(tetrafluoroethylene) (PTFE) (CAS No. 9002–84–0), noncellular, with adhesive backing, of a thickness greater than 3 mm but not over 30 mm, presented rolled in spools, certified by the importer as having a tensile strength of 24.1 MPa or higher per ASTM F-152 (provided for in subheading 3916.90.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(204)

e-PTFE sheets 1.6 mm ≤ 3.00 mm for sealants
Heading 9902.11.88 is amended—
(A)
by amending the article description to read as follows: “Expanded poly(tetrafluoroethylene) (PTFE) nonadhesive cellular sheets, of a thickness greater than 1.5 mm but not more than 3 mm, certified by the importer as having a tensile strength of at least 48.3 MPa per ASTM F-152 (CAS No. 9002–84–0) (provided for in subheading 3921.19.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(205)

e-PTFE sheets 3.1 mm ≤ 6.00 mm for sealants
Heading 9902.11.89 is amended—
(A)
by amending the article description to read as follows: “Expanded poly(tetrafluoroethylene) (PTFE) nonadhesive cellular sheets, of a thickness greater than 3 mm but not more than 6 mm, certified by the importer as having a tensile strength of at least 48.3 MPa per ASTM F-152 (CAS No. 9002–84–0) (provided for in subheading 3921.19.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(206)

Plastic handles for coolers
Heading 9902.12.02 is amended—
(A)
by amending the article description to read as follows: “Handles of plastics for coolers (provided for in subheading 3926.90.25)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(207)

Golf bag component top bottom divider
Heading 9902.12.05 is amended—
(A)
by amending the article description to read as follows: “Plastic components of a kind used as one-piece internal top and bottom dividers for golf bags (provided for in subheading 3926.90.99)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(208)

Plastic lip for dustpans
Heading 9902.12.07 is amended—
(A)
by amending the article description to read as follows: “Cut-to-shape pieces or profiles of polyvinyl chloride plastics, the foregoing designed to be attached to the edge of a dustpan tray having contact with the floor or other surface, rigid and flexible in form, each measuring 24.77 cm to 30 cm in length and 1.35 cm to 1.87 cm in width, valued not over $0.09 each (provided for in subheading 3926.90.99)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(209)

Three-way camera mounts
Heading 9902.12.11 is amended—
(A)
by amending the article description to read as follows: “Accessories of plastics for cameras of subheading 8525.80.40, each incorporating a handheld camera grip, folding extension arms and a tripod screwed into the base of the handle the foregoing measuring between 50 and 53 cm when fully extended without the tripod, 62 to 65 cm when fully extended with the tripod and 18 to 21 cm when folded and collapsed (provided for in subheading 3926.90.99)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(210)

Buoyant pistol grip camera mounts
Heading 9902.12.13 is amended—
(A)
by amending the article description to read as follows: “Accessories of plastics, designed for use with cameras of subheading 8525.80.40; such goods measuring between 14 cm and 17 cm in length, buoyant in water, each incorporating a handle designed to allow a user to grip with the hand, an adjustable hand-strap and an adjustable thumb screw designed to permit mounting of the camera and adjusting the viewing angle of the camera on a pivot (provided for in subheading 3926.90.99)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(211)

Suction cup camera mounts
Heading 9902.12.14 is amended—
(A)
by amending the article description to read as follows: “Mounts of plastics, engineered to attach to cameras of subheading 8525.80.40; designed to attach to flat surfaces by means of a round suction cup measuring between 8 and 10 cm in diameter; each incorporating x, y and z-directional pivots to adjust the camera's viewpoint (provided for in subheading 3926.90.99)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(212)

Rubber pet toys covered with felt
Heading 9902.12.31 is amended—
(A)
by amending the article description to read as follows: “Toys for pets, of noncellular vulcanized rubber other than hard rubber, each with felt textile covering, without holes (provided for in subheading 4016.99.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(213)

Camera dive housings
Heading 9902.12.51 is amended—
(A)
by amending the article description to read as follows: “Camera cases of transparent polycarbonate plastics, designed to encase cameras of subheading 8525.80.40; each incorporating buttons for the operation of the camera, an opaque plastic base that clips into a camera mount, a thumb-screw on the base mount that allows for adjustment of the camera viewing angle on a pivot, a silicon gasket in the door of the case that allows for waterproof operation of the camera at a depth of more than 40 m but not more than 60 m, a flat and optically coated glass lens and a heat sink to dissipate camera heat (provided for in subheading 4202.99.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(214)

Woven fabric of carded vicuna hair of a weight exceeding 300 g/m^2
Heading 9902.12.80 is amended—
(A)
by amending the article description to read as follows: “Woven fabrics of carded vicuna hair, containing 85 percent or more by weight of vicuna hair and of a weight exceeding 300 g/m^2 (provided for in subheading 5111.19.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(215)

Woven fabric of combed vicuna hair of a weight not exceeding 200 g/m^2
Heading 9902.12.81 is amended—
(A)
by amending the article description to read as follows: “Woven fabrics of combed vicuna hair, such fabrics containing 85 percent or more by weight of vicuna hair, of a weight not exceeding 200 g/m^2 (provided for in subheading 5112.11.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(216)

Woven fabric of combed vicuna hair of a weight exceeding 200 g/m^2
Heading 9902.12.82 is amended—
(A)
by amending the article description to read as follows: “Woven fabrics of combed vicuna hair, such fabrics containing 85 percent or more by weight of vicuna hair and of a weight exceeding 200 g/m^2 (provided for in subheading 5112.19.95)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(217)

Fusible bonding and separation yarn
Heading 9902.12.88 is amended—
(A)
by amending the article description to read as follows: “Synthetic filament yarn (other than sewing thread) not put up for retail sale, single, with a twist exceeding 50 turns/m, of nylon or other polyamides, measuring 23 or more but not over 840 decitex, each formed from 4 to 68 filaments and containing 10 percent or more by weight of nylon 12 (provided for in subheading 5402.51.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(218)

Polyacrylonitrile tow with an average decitex of 2.75
Heading 9902.13.02 is amended—
(A)
by amending the article description to read as follows: “Acrylic filament tow (polyacrylonitrile tow), containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, dyed, presented in the form of bundles of crimped product each containing 214,000 filaments (plus or minus 10 percent) with an average decitex of 2.75 (plus or minus 10 percent) and length greater than 2 meters (provided for in subheading 5501.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(219)

Polyacrylonitrile tow with an average decitex of 3.3
Heading 9902.13.03 is amended—
(A)
by amending the article description to read as follows: “Acrylic filament tow (polyacrylonitrile tow) containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, dyed, presented in the form of bundles of crimped product each containing 214,000 filaments (plus or minus 10 percent) with an average decitex of 3.3 (plus or minus 10 percent) and length greater than 2 meters (provided for in subheading 5501.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(220)

Acrylic staple fibers not processed for spinning
Heading 9902.13.20 is amended—
(A)
by amending the article description to read as follows: “Acrylic staple fibers (polyacrylonitrile staple), not dyed and not carded, combed or otherwise processed for spinning, containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, with a decitex of 5 to 5.6, with a fiber shrinkage of 0 to 22 percent and with a cut fiber length of 80 mm to 150 mm (provided for in subheading 5503.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(221)

Modified acrylic flame retardant staple fiber with a decitex of 2.7
Heading 9902.13.21 is amended—
(A)
by amending the article description to read as follows: “Modacrylic staple fibers, not carded, combed or otherwise processed for spinning, containing over 35 percent and less than 85 percent by weight of acrylonitrile, 2.7 decitex (plus or minus 2 percent), natural in color, with fiber length between 38 mm and 120 mm (provided for in subheading 5503.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(222)

Acrylic fiber staple, dyed
Heading 9902.13.23 is amended—
(A)
by amending the article description to read as follows: “Acrylic staple fiber (polyacrylonitrile staple), dyed, not carded, combed or otherwise processed for spinning, the foregoing containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, with a decitex of 3.3 to 5.6, a fiber shrinkage from 0 to 22 percent (provided for in subheading 5503.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(223)

Flame retardant rayon fibers, 4.7 decitex
Heading 9902.13.29 is amended—
(A)
by amending the article description to read as follows: “Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, each containing 28 percent or more but not over 33 percent by weight of silica, measuring 4.7 decitex and 60 mm in length (provided for in subheading 5504.10.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(224)

Acrylic staple fibers processed and with a decitex of 2.75 to 3.3
Heading 9902.13.36 is amended—
(A)
by amending the article description to read as follows: “Acrylic staple fibers, carded, combed or otherwise processed for spinning, containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, dyed or raw white (undyed), with an average decitex of 2.75 to 3.30 (plus or minus 10 percent) (provided for in subheading 5506.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(225)

Acrylic staple fibers processed and with a decitex of 5.0 to 5.6
Heading 9902.13.38 is amended—
(A)
by amending the article description to read as follows: “Acrylic staple fibers, carded, combed or otherwise processed for spinning, containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, dyed, with an average decitex of 5.0 to 5.6 (provided for in subheading 5506.30.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(226)

Neoprene wading socks
Heading 9902.13.51 is amended—
(A)
by amending the article description to read as follows: “Socks with uppers comprising neoprene measuring 2.5 mm in thickness and covered on both sides with jersey knitted fabric of nylon; such socks with underfoots of breathable neoprene measuring 2.5 to 3 mm in thickness and covered on both sides with a jersey knitted fabric of nylon; the foregoing each formed anatomically so as to be designed for the wearer's left or right foot (provided for in subheading 6115.96.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(227)

Training gloves
Heading 9902.13.53 is amended—
(A)
by amending the article description to read as follows: “Training gloves of vulcanized rubber other than of hard rubber (provided for in subheading 4015.19.50) or of synthetic textile materials (provided for in subheading 6116.93.08), such gloves of textile materials knitted or crocheted”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(228)

Brake segments
Heading 9902.13.82 is amended—
(A)
by amending the article description to read as follows: “Nonwoven radial segment and chordal orientation brake segments of oxidized polyacrylonitrile fibers, made up and presented as cut otherwise than into squares or rectangles, such segments formed by needling web and unidirectional tow fabrics together, the foregoing designed for use in aircraft braking systems (provided for in subheading 6307.90.98)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(229)

Sports and athletic footwear for women
Heading 9902.14.32 is amended—
(A)
by amending the article description to read as follows: “Women's sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like, with outer soles of rubber or plastics and uppers of textile materials, such uppers of which over 50 percent of the external surface area (including any leather accessories or reinforcements such as those mentioned in note 4(a) to chapter 64) is leather (provided for in subheading 6404.11.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(230)

Men's boots for fishing waders with felt outsoles
Heading 9902.14.53 is amended—
(A)
by amending the article description to read as follows: “Footwear for men, with vulcanized uppers of neoprene measuring 7 mm in thickness, covered with a polyester knit fleece on the interior and coated with rubber on the exterior; such footwear measuring (from the base of the inner sole to the top of the upper) 20.32 cm or more but not over 25.4 cm in height, with felt outsoles; the foregoing waterproof, valued at $40/pr or higher and with each boot having a slit in the top of upper collar to allow boot to be affixed to a fishing wader (provided for in subheading 6405.20.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(231)

Catalytic converter needled blanket mats with a thickness of 10 mm or more and not over 3 percent of binder
Heading 9902.14.70 is amended—
(A)
by amending the article description to read as follows: “Catalytic converter needled blanket mats of ceramic fibers, containing over 65 percent by weight of aluminum oxide and not over 3 percent of acrylic latex organic binder, of a basis weight greater than or equal to 1745 g/m^2, measuring 10.0 mm or more in thickness; the foregoing presented in bulk, sheets or rolls, designed for use in motor vehicles of heading 8703 (provided for in subheading 6806.10.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(232)

Catalytic converter blanket mats with a thickness between 5 mm and 9.9 mm and not over 3 percent of binder
Heading 9902.14.71 is amended—
(A)
by amending the article description to read as follows: “Catalytic converter needled blanket mats of ceramic fibers, containing over 65 percent by weight of aluminum oxide and not over 3 percent by weight of acrylic latex organic binder, of a basis weight less than 1745 g/m^2, measuring 5 mm or more but not over 9.9 mm in thickness; presented in bulk, sheets or rolls, designed for use in motor vehicles of heading 8703 (provided for in subheading 6806.10.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(233)

Catalytic converter needled blanket mats with a thickness between 5 mm and 9.9 mm and between 3 and 7 percent of binder
Heading 9902.14.72 is amended—
(A)
by amending the article description to read as follows: “Catalytic converter needled blanket mats of ceramic fibers containing over 65 percent by weight of aluminum oxide, containing an acrylic latex organic binder of greater than 3 percent and less than 7 percent by weight, of a basis weight less than 1745 g/m^2, measuring at least 5 mm or no more than 9.9 mm in thickness, in bulk, sheets or rolls, designed for motor vehicles of heading 8703 (provided for in subheading 6806.10.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(234)

Catalytic converter needled blanket mats with a thickness of 10 mm or more and between 3 and 7 percent binder
Heading 9902.14.73 is amended—
(A)
by amending the article description to read as follows: “Catalytic converter needled blanket mats of ceramic fibers, containing over 65 percent by weight of aluminum oxide and 3 percent or more but less than 7 percent by weight of acrylic latex organic binder, measuring 10.0 mm or more in thickness, of a basis weight greater than or equal to 1745 g/m^2; presented in bulk, sheets or rolls, designed for use in motor vehicles of heading 8703 (provided for in subheading 6806.10.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(235)

Certain silver wire
Heading 9902.14.88 is amended—
(A)
by amending the article description to read as follows: “Silver wire, containing 90 percent or more by weight of silver, but not more than 93 percent by weight of silver, and containing 6 percent or more by weight of tin oxide, but not more than 9 percent by weight of tin oxide (provided for in subheading 7106.92.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(236)

Metal gauzes
Heading 9902.14.90 is amended—
(A)
by amending the article description to read as follows: “Gauzes containing platinum, palladium and rhodium (provided for in subheading 7115.10.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(237)

Strips consisting of silver and copper and zinc
Heading 9902.14.91 is amended—
(A)
by amending the article description to read as follows: “Clad strips of silver, further worked than semimanufactured, each containing 54 percent or more but not over 56 percent by weight of silver; having three layers with one layer containing 87 percent or more but not over 89 percent by weight of silver and 1.1 percent or more but not over 3 percent of tin, a second layer containing 99.9 percent or more by weight of silver, and a third layer containing 14.5 percent or more but not over 15.5 percent by weight of silver, 79 percent or more but not over 81 percent of copper and 4.8 percent or more but not over 5.2 percent of phosphorus; measuring 15.65 mm in width and 0.95 mm in thickness, presented in coils (provided for in subheading 7115.90.40)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(238)

Germanium unwrought in ingot form
Heading 9902.15.13 is amended—
(A)
by amending the article description to read as follows: “Ingots of germanium, unwrought, each weighing 0.5 kg or more but less than 2 kg (provided for in subheading 8112.92.60)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(239)

Tweezers
Heading 9902.15.18 is amended—
(A)
by amending the article description to read as follows: “Tweezers (provided for in subheading 8203.20.20)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(240)

Nail clippers, nail nippers and nail files
Heading 9902.15.33 is amended—
(A)
by amending the article description to read as follows: “Nail nippers and clippers and nail files, the foregoing other than nail nippers and clippers with one or both blades having rounded edged cut-outs and designed for use in cutting nails of dogs, cats or other small pets (including birds, rabbits, ferrets, hamsters, guinea pigs or gerbils) (provided for in subheading 8214.20.30)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(241)

Portable air conditioner
Heading 9902.15.63 is amended—
(A)
by amending the article description to read as follows: “Air conditioning machines, each incorporating a refrigerating unit, mounted on wheels or castors, rated at less than 3.52 kW per hour (provided for in subheading 8415.82.01)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(242)

Electric cylindrical coffee grinders
Heading 9902.16.25 is amended—
(A)
by amending the article description to read as follows: “Electromechanical domestic cylindrical coffee grinders, each operated by pushing the plastic cover into the base, the foregoing having a removable stainless steel bowl with a capacity of more than 0.1 liter and not exceeding 0.2 liter (provided for in subheading 8509.40.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(243)

Handheld electric can openers
Heading 9902.16.32 is amended—
(A)
by amending the article description to read as follows: “Hand-held battery-operated automatic can openers, each with self-contained electric motor, such can openers weighing not over 20 kg exclusive of extra interchangeable parts or detachable auxiliary devices (provided for in subheading 8509.80.50)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(244)

Food beaters designed to attach to handheld mixers
Heading 9902.16.33 is amended—
(A)
by amending the article description to read as follows: “Stainless steel food beaters, designed for use solely on electromechanical hand-held food mixers suitable for domestic purposes (provided for in subheading 8509.90.55)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(245)

Lamp-holder housings of porcelain
Heading 9902.16.89 is amended—
(A)
by amending the article description to read as follows: “Lamp-holder housings of porcelain, containing sockets (provided for in subheading 8536.61.00)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(246)

Cathode-ray tubes
Heading 9902.16.94 is amended—
(A)
by amending the article description to read as follows: “Cathode-ray data/graphic display tubes, color, with a phosphor dot screen pitch smaller than 0.4 mm and with less than 90-degree deflection (provided for in subheading 8540.40.10)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(247)

Zee cages
Heading 9902.17.11 is amended—
(A)
by amending the article description to read as follows: ““Z”-shaped water bottle holders (cages) of alloy or composite material, designed for use on bicycles (provided for in subheading 8714.99.80)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(248)

Optical attenuators
Heading 9902.17.27 is amended—
(A)
by amending the article description to read as follows: “Optical attenuators designed to reduce the power level of an optical signal, either in free space or in an optical fiber, such instruments or apparatus specifically designed for telecommunications (provided for in subheading 9013.80.90)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(249)

Ski bindings, valued not more than $55 each
Heading 9902.17.55 is amended—
(A)
by amending the article description to read as follows: “Ski bindings (other than for cross-country skis), valued not over $55 each (provided for in subheading 9506.12.80)”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(c)

Modification to duty rates
(1)

Artichokes, in vinegar
Heading 9902.01.04 is amended—
(A)
by striking “7.2%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(2)

Artichokes, other than in vinegar
Heading 9902.01.10 is amended—
(A)
by striking “12.7%” and inserting “12%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(3)

Nicotine gum
Heading 9902.01.13 is amended—
(A)
by striking “5.8%” and inserting “5.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(4)

Isohexadecane
Heading 9902.01.19 is amended—
(A)
by striking “Free” and inserting “1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(5)

Sodium
Heading 9902.01.20 is amended—
(A)
by striking “2.5%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(6)

Sodium containing not more than 200 ppm of calcium
Heading 9902.01.21 is amended—
(A)
by striking “0.7%” and inserting “3.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(7)

Hydrazine 64%
Heading 9902.01.38 is amended—
(A)
by striking “Free” and inserting “0.1%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(8)

Germanium dioxide (GeO2)
Heading 9902.01.39 is amended—
(A)
by striking “Free” and inserting “1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(9)

Sodium tungstate dihydrate
Heading 9902.01.67 is amended—
(A)
by striking “Free” and inserting “2.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(10)

Monochlorobenzene
Heading 9902.01.85 is amended—
(A)
by striking “3.9%” and inserting “3.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(11)

p-Dichlorobenzene
Heading 9902.01.87 is amended—
(A)
by striking “2.7%” and inserting “4.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(12)

p-Chlorobenzotrifluoride
Heading 9902.01.88 is amended—
(A)
by striking “4.3%” and inserting “4.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(13)

Methanesulfonic acid
Heading 9902.02.02 is amended—
(A)
by striking “0.8%” and inserting “0.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(14)

Leaf alcohol
Heading 9902.02.14 is amended—
(A)
by striking “Free” and inserting “1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(15)

Resorcinol
Heading 9902.02.23 is amended—
(A)
by striking “Free” and inserting “4.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(16)

Oxyfluorfen
Heading 9902.02.35 is amended—
(A)
by striking “0.8%” and inserting “3.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(17)

Glyoxal
Heading 9902.02.45 is amended—
(A)
by striking “0.2%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(18)

4-Propyl benzaldehyde (NPBAL)
Heading 9902.02.46 is amended—
(A)
by striking “2.8%” and inserting “4.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(19)

4-(1,1-Dimethylethyl)-alpha-m(lysmeral extra)
Heading 9902.02.48 is amended—
(A)
by striking “Free” and inserting “2.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(20)

Diethyl ketone
Heading 9902.02.54 is amended—
(A)
by striking “0.2%” and inserting “1.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(21)

Cyclopentanone
Heading 9902.02.59 is amended—
(A)
by striking “1.7%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(22)

Hydroxylmethylpentanone
Heading 9902.02.63 is amended—
(A)
by striking “1%” and inserting “2.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(23)

ETFBO
Heading 9902.02.71 is amended—
(A)
by striking “Free” and inserting “1.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(24)

Sorbic acid
Heading 9902.02.83 is amended—
(A)
by striking “2.6%” and inserting “2.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(25)

Benzoyl chloride
Heading 9902.02.87 is amended—
(A)
by striking “2%” and inserting “2.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(26)

Sebacic acid
Heading 9902.02.93 is amended—
(A)
by striking “2%” and inserting “2.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(27)

Dimethyl malonate or DMM
Heading 9902.02.94 is amended—
(A)
by striking “Free” and inserting “1.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(28)

Pyromellitic dianhydride
Heading 9902.03.02 is amended—
(A)
by striking “Free” and inserting “4.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(29)

o-Acetylsalicylic acid (Aspirin)
Heading 9902.03.07 is amended—
(A)
by striking “1.9%” and inserting “2.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(30)

Methyl sal
Heading 9902.03.08 is amended—
(A)
by striking “2.3%” and inserting “3.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(31)

pHBA
Heading 9902.03.09 is amended—
(A)
by striking “2%” and inserting “3.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(32)

Plastic additive
Heading 9902.03.14 is amended—
(A)
by striking “Free” and inserting “3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(33)

MCPA
Heading 9902.03.23 is amended—
(A)
by striking “2.5%” and inserting “4.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(34)

Dimethyl carbonate
Heading 9902.03.46 is amended—
(A)
by striking “Free” and inserting “1.2%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(35)

Perfluorocarbons for performance fluid
Heading 9902.03.50 is amended—
(A)
by striking “Free” and inserting “0.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(36)

3,5-Difluoroaniline
Heading 9902.03.57 is amended—
(A)
by striking “Free” and inserting “1.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(37)

Trifluralin
Heading 9902.03.65 is amended—
(A)
by striking “4%” and inserting “1.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(38)

Ethalfluralin
Heading 9902.03.66 is amended—
(A)
by striking “Free” and inserting “1.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(39)

o-Toluidine
Heading 9902.03.71 is amended—
(A)
by striking “5.5%” and inserting “5.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(40)

mPDA
Heading 9902.03.80 is amended—
(A)
by striking “Free” and inserting “5.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(41)

4-ADPA (4-aminodiphenylamine)
Heading 9902.03.82 is amended—
(A)
by striking “4.6%” and inserting “5.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(42)

4,4′-Diaminostilbene-2,2′-disulfonic acid
Heading 9902.03.84 is amended—
(A)
by striking “1.5%” and inserting “4.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(43)

Prodiamine
Heading 9902.03.87 is amended—
(A)
by striking “1.6%” and inserting “4.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(44)

p-Cresidine sulfonic acid
Heading 9902.03.98 is amended—
(A)
by striking “Free” and inserting “4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(45)

Choline hydroxide
Heading 9902.04.16 is amended—
(A)
by striking “Free” and inserting “0.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(46)

Diuron
Heading 9902.04.30 is amended—
(A)
by striking “0.4%” and inserting “3.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(47)

Metolachlor
Heading 9902.04.35 is amended—
(A)
by striking “Free” and inserting “5.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(48)

Flutolanil
Heading 9902.04.40 is amended—
(A)
by striking “1.5%” and inserting “1.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(49)

Mefenoxam
Heading 9902.04.42 is amended—
(A)
by striking “4.2%” and inserting “5.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(50)

Flufenacet-alcohol
Heading 9902.04.48 is amended—
(A)
by striking “3.9%” and inserting “3.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(51)

2-(Trifluoromethyl)benzamide
Heading 9902.04.49 is amended—
(A)
by striking “4.2%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(52)

Methyl-4-trifluoromethoxyphenyl-n-(chl.) carbamate
Heading 9902.04.52 is amended—
(A)
by striking “2%” and inserting “2.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(53)

Guanidinoacetic Acid
Heading 9902.04.64 is amended—
(A)
by striking “Free” and inserting “1.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(54)

Chlorothalonil
Heading 9902.04.65 is amended—
(A)
by striking “5%” and inserting “5.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(55)

Bromoxynil octanoate
Heading 9902.04.67 is amended—
(A)
by striking “Free” and inserting “3.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(56)

Bifenazate technical
Heading 9902.04.85 is amended—
(A)
by striking “Free” and inserting “3.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(57)

Mesotrione
Heading 9902.05.03 is amended—
(A)
by striking “6.2%” and inserting “6.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(58)

2-(Methylthio)-4-(trifluoromethyl)benzoic acid
Heading 9902.05.08 is amended—
(A)
by striking “Free” and inserting “5.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(59)

Acephate
Heading 9902.05.16 is amended—
(A)
by striking “3.2%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(60)

Methomyl
Heading 9902.05.18 is amended—
(A)
by striking “5%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(61)

Allyl isothiocyanate
Heading 9902.05.26 is amended—
(A)
by striking “Free” and inserting “1.0”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(62)

PMIDA
Heading 9902.05.29 is amended—
(A)
by striking “2.5%” and inserting “2.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(63)

Triphenyltin hydroxide
Heading 9902.05.32 is amended—
(A)
by striking “Free” and inserting “3.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(64)

PBA Solid (phenyl boronic acid)
Heading 9902.05.34 is amended—
(A)
by striking “4.6%” and inserting “1.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(65)

Sedaxane
Heading 9902.05.68 is amended—
(A)
by striking “Free” and inserting “6.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(66)

Technical fluazinam fungicide
Heading 9902.05.83 is amended—
(A)
by striking “Free” and inserting “3.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(67)

Imazethapyr
Heading 9902.05.86 is amended—
(A)
by striking “2.2%” and inserting “4.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(68)

Fluridone
Heading 9902.05.87 is amended—
(A)
by striking “Free” and inserting “0.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(69)

Bicyclopyrone
Heading 9902.05.88 is amended—
(A)
by striking “4%” and inserting “2.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(70)

Clopyralid technical
Heading 9902.05.89 is amended—
(A)
by striking “1.4%” and inserting “3.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(71)

Aminopyralid technical
Heading 9902.05.92 is amended—
(A)
by striking “4.1%” and inserting “3.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(72)

Fluroxypyr technical
Heading 9902.05.94 is amended—
(A)
by striking “1.6%” and inserting “4.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(73)

2,3-Dichloro-5-(trifluoromethyl)pyridine
Heading 9902.06.07 is amended—
(A)
by striking “2.5%” and inserting “5.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(74)

2,3-Pyridinedicarboxylic acid
Heading 9902.06.13 is amended—
(A)
by striking “Free” and inserting “2.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(75)

Food and feed preservative
Heading 9902.06.22 is amended—
(A)
by striking “1.2%” and inserting “2.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(76)

Cloquintocet-mexyl
Heading 9902.06.24 is amended—
(A)
by striking “4.2%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(77)

Cyprodinil technical
Heading 9902.06.31 is amended—
(A)
by striking “Free” and inserting “3.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(78)

Aminocyclopyrachlor
Heading 9902.06.37 is amended—
(A)
by striking “Free” and inserting “3.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(79)

DMDS
Heading 9902.06.45 is amended—
(A)
by striking “1%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(80)

Metribuzin
Heading 9902.06.51 is amended—
(A)
by striking “1.9%” and inserting “3.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(81)

Atrazine
Heading 9902.06.54 is amended—
(A)
by striking “Free” and inserting “2.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(82)

1,2,4-Triazole
Heading 9902.06.97 is amended—
(A)
by striking “2.8%” and inserting “5.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(83)

Oxadiazon
Heading 9902.07.13 is amended—
(A)
by striking “1.3%” and inserting “3.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(84)

Fludioxonil technical
Heading 9902.07.15 is amended—
(A)
by striking “5%” and inserting “4.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(85)

Thidiazuron
Heading 9902.07.24 is amended—
(A)
by striking “Free” and inserting “4.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(86)

Flupyradifurone
Heading 9902.07.32 is amended—
(A)
by striking “Free” and inserting “0.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(87)

Penthiopyrad
Heading 9902.07.47 is amended—
(A)
by striking “Free” and inserting “4.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(88)

Cyprosulfamide
Heading 9902.07.56 is amended—
(A)
by striking “5%” and inserting “1.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(89)

Sulfentrazone
Heading 9902.07.60 is amended—
(A)
by striking “5.4%” and inserting “6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(90)

Cold pressed orange oil
Heading 9902.08.99 is amended—
(A)
by striking “Free” and inserting “1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(91)

Instant print film
Heading 9902.09.16 is amended—
(A)
by striking “3.1%” and inserting “3.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(92)

Flupyradifurone formulations
Heading 9902.09.20 is amended—
(A)
by striking “4.2%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(93)

Spiromesifen formulations
Heading 9902.09.23 is amended—
(A)
by striking “1.0%” and inserting “Free” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(94)

Flonicamid
Heading 9902.09.29 is amended—
(A)
by striking “Free” and inserting “4.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(95)

Abamectin
Heading 9902.09.34 is amended—
(A)
by striking “Free” and inserting “2.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(96)

Acephate formulations
Heading 9902.09.35 is amended—
(A)
by striking “1.8%” and inserting “3.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(97)

Quinoxyfen fungicide
Heading 9902.09.66 is amended—
(A)
by striking “1.6%” and inserting “1.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(98)

Copper hydroxide and copper oxychloride
Heading 9902.09.76 is amended—
(A)
by striking “Free” and inserting “0.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(99)

1,1′-Dimethyl-4,4′-bipyridinium dichloride
Heading 9902.09.94 is amended—
(A)
by striking “4.6%” and inserting “5.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(100)

Formulated pyrithiobac-sodium
Heading 9902.10.07 is amended—
(A)
by striking “1.0%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(101)

Herbicide mixture
Heading 9902.10.15 is amended—
(A)
by striking “Free” and inserting “1.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(102)

Plasticizer
Heading 9902.10.30 is amended—
(A)
by striking “3.2%” and inserting “3.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(103)

Palm fatty acid distillate (“PFAD”)
Heading 9902.10.44 is amended—
(A)
by striking “1.4%” and inserting “0.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(104)

Iminodisuccinate
Heading 9902.10.55 is amended—
(A)
by striking “Free” and inserting “1%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(105)

Vinylacetate-vinylchloride copolymer
Heading 9902.10.75 is amended—
(A)
by striking “Free” and inserting “0.9%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(106)

Compounds used in lubricants
Heading 9902.10.88 is amended—
(A)
by striking “2.4%” and inserting “2.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(107)

Polyvinyl acetate for food use
Heading 9902.10.98 is amended—
(A)
by striking “Free” and inserting “1.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(108)

Mixtures for use in paper coatings
Heading 9902.11.14 is amended—
(A)
by striking “0.3%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(109)

Hindered amine light stabilizer
Heading 9902.11.21 is amended—
(A)
by striking “Free” and inserting “0.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(110)

Hydrogenated polymers of norbornene derivatives
Heading 9902.11.43 is amended—
(A)
by striking “Free” and inserting “1.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(111)

Modified ethylene-norbornene copolymer
Heading 9902.11.54 is amended—
(A)
by striking “Free” and inserting “0.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(112)

Industrial nitrocellulose (damped alcohol content of 28–32%)
Heading 9902.11.57 is amended—
(A)
by striking “Free” and inserting “2%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(113)

Sodium alginate
Heading 9902.11.59 is amended—
(A)
by striking “Free” and inserting “2.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(114)

Acrylic films
Heading 9902.11.85 is amended—
(A)
by striking “Free” and inserting “0.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(115)

Plastic ornamentation for aquariums
Heading 9902.11.99 is amended—
(A)
by striking “0.5%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(116)

Quick clamps
Heading 9902.12.08 is amended—
(A)
by striking “0.2%” and inserting “1.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(117)

High-quality bull hides
Heading 9902.12.34 is amended—
(A)
by striking “Free” and inserting “0.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(118)

Batting gloves of leather
Heading 9902.12.58 is amended—
(A)
by striking “Free” and inserting “0.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(119)

Leather gloves with fourchettes
Heading 9902.12.61 is amended—
(A)
by striking “9.2%” and inserting “7.6%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(120)

Leather gloves without fourchettes
Heading 9902.12.62 is amended—
(A)
by striking “13.4%” and inserting “13.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(121)

Acrylic staple fibers with a fiber length between 40 and 47.5 mm and a solar reflectance index greater than 30
Heading 9902.13.15 is amended—
(A)
by striking “Free” and inserting “0.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(122)

Rayon staple fibers for use in goods of heading 9619
Heading 9902.13.28 is amended—
(A)
by striking “1.7%” and inserting “2.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(123)

Mechanics' work gloves with fourchettes
Heading 9902.13.71 is amended—
(A)
by striking “9.8%” and inserting “7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(124)

Sleeping bag shells
Heading 9902.13.80 is amended—
(A)
by striking “Free” and inserting “0.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(125)

Work footwear for women
Heading 9902.14.07 is amended—
(A)
by striking “2.5%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(126)

Work footwear for men
Heading 9902.14.08 is amended—
(A)
by striking “3.6%” and inserting “1.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(127)

Men's and boys' house slippers with leather uppers
Heading 9902.14.22 is amended—
(A)
by striking “5.7%” and inserting “5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(128)

Women's house slippers with leather uppers
Heading 9902.14.28 is amended—
(A)
by striking “7.9 %” and inserting “4.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(129)

Women's footwear with textile uppers, open toes or heels, valued $10–$14.99 per pair
Heading 9902.14.43 is amended—
(A)
by striking “Free” and inserting “12.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(130)

Men's footwear, covering the ankle but not the knee, valued over $24 per pair
Heading 9902.14.49 is amended—
(A)
by striking “8.1%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(131)

Opaque glass-ceramic cookware
Heading 9902.14.80 is amended—
(A)
by striking “7.1%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(132)

Liquid-filled glass bulbs
Heading 9902.14.87 is amended—
(A)
by striking “1.8%” and inserting “1%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(133)

Screw anchors
Heading 9902.14.94 is amended—
(A)
by striking “Free” and inserting “3.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(134)

Stainless steel handles for cookware
Heading 9902.14.96 is amended—
(A)
by striking “1.5%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(135)

Large metal wire crates for dogs
Heading 9902.14.99 is amended—
(A)
by striking “1.4%” and inserting “2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(136)

Metal wire cages for pets other than dogs
Heading 9902.15.01 is amended—
(A)
by striking “Free” and inserting “1.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(137)

Used compression-ignition internal combustion engines
Heading 9902.15.41 is amended—
(A)
by striking “1.5%” and inserting “1.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(138)

Connecting rods
Heading 9902.15.44 is amended—
(A)
by striking “0.4%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(139)

Used fuel pumps
Heading 9902.15.50 is amended—
(A)
by striking “0.6%” and inserting “1.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(140)

Exhaust fans for permanent installation
Heading 9902.15.54 is amended—
(A)
by striking “4.1%” and inserting “2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(141)

Self-contained portable air conditioner
Heading 9902.15.64 is amended—
(A)
by striking “1.8%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(142)

Table saws
Heading 9902.15.74 is amended—
(A)
by striking “1.2%” and inserting “1.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(143)

Vehicle stability control actuator assemblies
Heading 9902.15.85 is amended—
(A)
by striking “2.3%” and inserting “1.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(144)

Valve-Type Fuel injectors
Heading 9902.15.91 is amended—
(A)
by striking “0.5%” and inserting “1.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(145)

New crankshafts
Heading 9902.15.96 is amended—
(A)
by striking “0.6%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(146)

Power back door actuator assemblies
Heading 9902.16.06 is amended—
(A)
by striking “1.7%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(147)

Direct current pump motors
Heading 9902.16.07 is amended—
(A)
by striking “2.8%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(148)

Motors for low wattage fans
Heading 9902.16.10 is amended—
(A)
by striking “0.3%” and inserting “1.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(149)

Used starters
Heading 9902.16.38 is amended—
(A)
by striking “0.4%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(150)

Used alternators
Heading 9902.16.40 is amended—
(A)
by striking “1.6%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(151)

Electric steam irons
Heading 9902.16.46 is amended—
(A)
by striking “1.0%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(152)

Microwave hoods with a plastic handle
Heading 9902.16.47 is amended—
(A)
by striking “0.5%” and inserting “0.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(153)

Microwave hoods with a metal handle
Heading 9902.16.48 is amended—
(A)
by striking “1.2%” and inserting “1.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(154)

Carafe-less coffee makers
Heading 9902.16.65 is amended—
(A)
by striking “0.4%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(155)

Toaster ovens with a pop-up toaster feature
Heading 9902.16.67 is amended—
(A)
by striking “Free” and inserting “1.4%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(156)

Electric pressure cookers rated more than 800W but not more than 1000W, with a capacity of less than 5 liters
Heading 9902.16.79 is amended—
(A)
by striking “0.4%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(157)

Flat panel LCD televisions for exercise equipment
Heading 9902.16.85 is amended—
(A)
by striking “3.6%” and inserting “3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(158)

Motor vehicle chassis with cab and only an electric motor for propulsion for the transport of goods
Heading 9902.16.97 is amended—
(A)
by striking “23.9%” and inserting “20.9%” ; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(159)

Used gear boxes for certain vehicles for the transportation of goods
Heading 9902.17.01 is amended—
(A)
by striking “Free” and inserting “0.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(160)

New gear boxes
Heading 9902.17.02 is amended—
(A)
by striking “2.1%” and inserting “1.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(161)

Bicycle disc brakes
Heading 9902.17.10 is amended—
(A)
by striking “6.7%” and inserting “8.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(162)

Baby strollers
Heading 9902.17.13 is amended—
(A)
by striking “Free” and inserting “2.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(163)

LCD television panel assemblies, with a video display measuring over 101.6 cm but not over 124.46 cm
Heading 9902.17.24 is amended—
(A)
by striking “Free” and inserting “2.8%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(164)

LCD television panel assemblies, with a video display measuring over 124.46 cm but not over 137.16 cm
Heading 9902.17.25 is amended—
(A)
by striking “Free” and inserting “0.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(165)

Light Emitting Diode (LED) lamps, mounting options, bases, clamps, mounts
Heading 9902.17.48 is amended—
(A)
by striking “3.0%” and inserting “Free”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(166)

Golf club driver heads with a loft over 9.5 degrees
Heading 9902.17.57 is amended—
(A)
by striking “Free” and inserting “3.5%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(167)

Golf club driver heads with a loft under 9.5 degrees
Heading 9902.17.58 is amended—
(A)
by striking “Free” and inserting “1.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(168)

Golf club hybrid heads
Heading 9902.17.60 is amended—
(A)
by striking “Free” and inserting “1.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(169)

Golf club wedge heads with a loft of 56 degrees or less
Heading 9902.17.61 is amended—
(A)
by striking “Free” and inserting “1.9%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(170)

Golf club iron heads of 8-Irons and 9-Irons
Heading 9902.17.63 is amended—
(A)
by striking “Free” and inserting “1.4%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(171)

Tennis racket frames, unstrung
Heading 9902.17.71 is amended—
(A)
by striking “0.4%” and inserting “1.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(172)

Volleyballs
Heading 9902.17.74 is amended—
(A)
by striking “Free” and inserting “2.1%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(173)

Basketballs other than leather or rubber
Heading 9902.17.75 is amended—
(A)
by striking “3.1%” and inserting “3.2%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(174)

Rubber basketballs
Heading 9902.17.77 is amended—
(A)
by striking “2.5%” and inserting “1.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(175)

Fishing rods, one-piece, of both fiberglass and carbon fiber
Heading 9902.17.93 is amended—
(A)
by striking “Free” and inserting “4.3%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(176)

Hair-slides without imitation pearls or stones
Heading 9902.17.96 is amended—
(A)
by striking “Free” and inserting “8.6%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(177)

Eyelash curlers
Heading 9902.17.97 is amended—
(A)
by striking “Free” and inserting “0.7%”; and
(B)
by striking “12/31/2020” and inserting “12/31/2023”.
(d)

Modifications to article descriptions and rates of duty
(1)

Minced pimiento stuffed green olives
Heading 9902.01.07 is amended—
(A)
by amending the article description to read as follows: “Olives, green in color, stuffed with minced pimiento, the foregoing in brine and presented in glass containers, other than place packed (provided for in subheading 2005.70.25)”;
(B)
by striking “Free” and inserting “1.9%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(2)

Vinyl neodecanoate
Heading 9902.02.78 is amended—
(A)
by amending the article description to read as follows: “Vinyl neodecanoate (vinyl 7,7-dimethyloctanoate) (CAS No. 51000–52–3) (provided for in subheading 2915.90.18)”;
(B)
by striking “Free” and inserting “1.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(3)

Bifenthrin
Heading 9902.02.86 is amended—
(A)
by amending the article description to read as follows: “2-Methylbiphenyl-3-ylmethyl (1RS,3RS)-3-[(Z)-2-chloro-3,3,3-trifluoroprop-1-enyl]-2,2-dimethylcyclopropanecar-boxylate (Bifenthrin) (CAS No. 82657–04–3) (provided for in subheading 2916.20.50)”;
(B)
by striking “2.4%” and inserting “3.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(4)

Trinexapac-ethyl
Heading 9902.03.31 is amended—
(A)
by amending the article description to read as follows: “Ethyl (RS)-4-cyclopropyl(hydroxy)methylene-3,5-dioxocyclohexanecarboxylate (Trinexapac-ethyl) (CAS No. 95266–40–3) (provided for in subheading 2918.99.50)”;
(B)
by striking “Free” and inserting “2.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(5)

3,3′ Dichlorobenzidine dihydrochloride
Heading 9902.03.88 is amended—
(A)
by amending the article description to read as follows: “3,3′-Dichlorobenzidine dihydrochloride (3,3′-Dichloro-4,4′-biphenyldiamine dihydrochloride) (CAS No. 612–83–9) (provided for in subheading 2921.59.80)”;
(B)
by striking “Free” and inserting “0.8%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(6)

4-(4-Aminophenoxy)aniline
Heading 9902.04.01 is amended—
(A)
by amending the article description to read as follows: “4-(4-Aminophenoxy)aniline (CAS No. 101–80–4) (provided for in subheading 2922.29.81)”;
(B)
by striking “1.3%” and inserting “3.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(7)

S-Metolachlor
Heading 9902.04.43 is amended—
(A)
by amending the article description to read as follows: “2-Chloro-N-(2-ethyl-6-methylphenyl)-N-[(1S)-2-meth- oxy-1-methylethyl]acetamide ((S)-Metolachlor) (CAS No. 87392–12–9) (provided for in subheading 2924.29.47)”;
(B)
by striking “6.0%” and inserting “6.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(8)

Compound used in polymer production
Heading 9902.04.58 is amended—
(A)
by amending the article description to read as follows: “1,1′-[1,3-Phenylenebis(methylene)]bis(3-methyl-1H-pyr- role-2,5-dione) (CAS No. 119462–56–5) (provided for in subheading 2925.19.42)”;
(B)
by striking “Free” and inserting “2.7%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(9)

2-Methoxlyethyl(rs)-2-(4-tert-(cyflumetofen)
Heading 9902.04.66 is amended—
(A)
by amending the article description to read as follows: “2-Methoxyethyl 2-cyano-2-[4-(2-methyl-2-propanyl)phe- nyl]-3-oxo-3-[2-(trifluoromethyl)phenyl]propanoate (Cyflumetafen) (CAS No. 400882–07–7) (provided for in subheading 2926.90.25)”;
(B)
by striking “Free” and inserting “1.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(10)

β-Cyfluthrin
Heading 9902.04.70 is amended—
(A)
by amending the article description to read as follows: “Cyano-(4-fluoro-3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane-1-carboxylate (β-Cyfluthrin) (CAS No. 68359–37–5) (provided for in subheading 2926.90.30)”;
(B)
by striking “3.4%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(11)

Deltamethrin
Heading 9902.04.71 is amended—
(A)
by amending the article description to read as follows: “[(S)-Cyano-(3-phenoxyphenyl)methyl] (1R,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropane-1-carboxylate (Deltamethrin) (CAS No. 52918–63–5) (provided for in subheading 2926.90.30)”;
(B)
by striking “1.8%” and inserting “4.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(12)

Methoxyfenozide technical insecticide
Heading 9902.04.84 is amended—
(A)
by amending the article description to read as follows: “N-(3,5-Dimethylbenzoyl)-3-methoxy-2-methyl-N-(2-methyl-2- propanyl)benzohydrazide (Methoxyfenozide) (CAS No. 161050–58–4) (provided for in subheading 2928.00.25)”;
(B)
by striking “3.2%” and inserting “5.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(13)

N-Butylthiophosphoric triamide (NBPT)
Heading 9902.04.98 is amended—
(A)
by amending the article description to read as follows: “N-Butylthiophosphoric triamide (CAS No. 94317–64–3) (provided for in subheading 2929.90.50)”;
(B)
by striking “Free” and inserting “5.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(14)

Clethodim
Heading 9902.05.05 is amended—
(A)
by amending the article description to read as follows: “2-[1-({[(2E)-3-Chloro-2-propen-1-yl]oxy}amino)propyli- dene]-5-[2-(ethylsulfanyl)propyl]-1,3-cyclohex- anedione (Clethodim) (CAS No. 99129–21–2) (provided for in subheading 2930.90.10)”;
(B)
by striking “Free” and inserting “3.9%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(15)

AE 747 ether
Heading 9902.05.07 is amended—
(A)
by amending the article description to read as follows: “2-Chloro-4-(methylsulfonyl)-3-((2,2,2-trifluoroethoxy)methyl) benzoic acid (CAS No. 120100–77–8) (provided for in subheading 2930.90.29)”;
(B)
by striking “5.7%” and inserting “6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(16)

Thiodicarb
Heading 9902.05.15 is amended—
(A)
by amending the article description to read as follows: “Methyl (1E)-N-[methyl-[methyl-[(E)-1-methyl- sulfanylethylideneamino] oxycarbonylamino] sulfanyl- carbamoyl]oxyethanimidothioate (Thiodicarb) (CAS No. 59669–26–0) (provided for in subheading 2930.90.43)”;
(B)
by striking “Free” and inserting “3.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(17)

Glufosinate-ammonium
Heading 9902.05.37 is amended—
(A)
by amending the article description to read as follows: “2-amino-4-[hydroxy(methyl)phosphoryl]butanoic acid;azane (Glufosinate Ammonium) (CAS No. 77182–82–2) (provided for in subheading 2931.39.00)”;
(B)
by striking “1.5%” and inserting “3.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(18)

Pyraflufen-ethyl
Heading 9902.05.63 is amended—
(A)
by amending the article description to read as follows: “Ethyl 2-chloro-5-(4-chloro-5-difluoromethoxy-1-methyl-1H-pyra- zol-3-yl)-4-fluorophenoxyacetate (Pyraflufen-ethyl) (CAS. No 129630–19–9) (provided for in subheading 2933.19.23)”;
(B)
by striking “Free” and inserting “2.2%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(19)

Fipronil
Heading 9902.05.66 is amended—
(A)
by amending the article description to read as follows: “(RS)-5-Amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-(trifluoromethysulfinyl)-1H-pyrazole-3-carbonitrile (Fipronil) (CAS No. 120068–37–3) (provided for in subheading 2933.19.23)”;
(B)
by striking “4.4%” and inserting “5.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(20)

Solatenol
Heading 9902.05.69 is amended—
(A)
by amending the article description to read as follows: “N-[9-(Dichloromethylidene)-1,2,3,4-tetrahydro-1,4-methano- naphthalen-5-yl]-3-(difluoromethyl)-1-methyl-1H-pyrazole-4-carboxamide (Benzovindiflupyr) (CAS No. 1072957–71–1) (provided for in subheading 2933.19.23)”;
(B)
by striking “4.0%” and inserting “4.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(21)

Technical tolpyralate herbicide
Heading 9902.05.71 is amended—
(A)
by amending the article description to read as follows: “1-[[1-Ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate (Tolpyralate) (CAS No. 1101132–67–5) (provided for in subheading 2933.19.23)”;
(B)
by striking “Free” and inserting “3.7%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(22)

Iprodione
Heading 9902.05.73 is amended—
(A)
by amending the article description to read as follows: “3-(3,5-Dichlorophenyl)-N-isopropyl-2,4-dioxoimidazoli- dine-1-carboxamide (Iprodione) (CAS No. 36734–19–7) (provided for in subheading 2933.21.00)”;
(B)
by striking “2.0%” and inserting “1.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(23)

Fluopicolide
Heading 9902.05.79 is amended—
(A)
by amending the article description to read as follows: “2,6-Dichloro-N-[3-chloro-5-(trifluoromethyl)-2- pyridylmethyl]benzamide (Fluopicolide) (CAS No. 239110–15–7) (provided for in subheading 2933.39.21)”;
(B)
by striking “Free” and inserting “1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(24)

Picloram technical
Heading 9902.05.90 is amended—
(A)
by amending the article description to read as follows: “4-Amino-3,5,6-trichloro-2-pyridinecarboxylic acid (CAS No. 1918–02–1) (provided for in subheading 2933.39.25)”;
(B)
by striking “4.3%” and inserting “5.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(25)

Imidacloprid
Heading 9902.05.97 is amended—
(A)
by amending the article description to read as follows: “N-[1-[(6-Chloropyridin-3-yl)methyl]-4,5-dihydroimidazol- 2-yl]nitramide (Imidacloprid) (CAS No. 138261–41–3) (provided for in subheading 2933.39.27)”;
(B)
by striking “4.3%” and inserting “5.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(26)

2-Cyanopyridine
Heading 9902.06.20 is amended—
(A)
by amending the article description to read as follows: “2-Cyanopyridine (2-Pyridinecarbonitrile) (CAS No. 100–70–9) (provided for in subheading 2933.39.91)”;
(B)
by striking “2.3%” and inserting “3.2%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(27)

Quinclorac
Heading 9902.06.23 is amended—
(A)
by amending the article description to read as follows: “3,7-dichloroquinoline-8-carboxylic acid (Quinclorac) (CAS No. 84087–01–4) (provided for in subheading 2933.49.30)”;
(B)
by striking “Free” and inserting “3.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(28)

Azoxystrobin
Heading 9902.06.30 is amended—
(A)
by amending the article description to read as follows: “Methyl (2E)-2-(2-{[6-(2-cyanophenoxy)pyrimidin-4- yl]oxy}phenyl)-3-methoxyacrylate (Azoxystrobin) (CAS No. 131860–33–8) (provided for in subheading 2933.59.15)”;
(B)
by striking “6.2%” and inserting “5.9%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(29)

DEDS
Heading 9902.06.41 is amended—
(A)
by amending the article description to read as follows: “5-Ethoxy-2-[(5-ethoxy-7-fluoro-[1,2,4]triazolo[1,5-c]pyrimidin-2-yl)disulfanyl]-7-fluoro-[1,2,4]triazolo[1,5-c]pyrimidine (CAS No. 166524–75–0) (provided for in subheading 2933.59.70)”;
(B)
by striking “0.6%” and inserting “5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(30)

Spirotetramat
Heading 9902.06.67 is amended—
(A)
by amending the article description to read as follows: “[3-(2,5-Dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl] ethyl carbonate (Spirotetramat) (CAS No. 203313–25–1) (provided for in subheading 2933.79.08)”;
(B)
by striking “3.2%” and inserting “1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(31)

Cyproconazole
Heading 9902.06.77 is amended—
(A)
by amending the article description to read as follows: “[α-(4-Chlorophenyl)-α-(1-cyclopropylethyl)-1H-1-1,2,4- triazole-1-ethanol (Cyproconazole) (CAS No. 94361–06–5) (provided for in subheading 2933.99.22)”;
(B)
by striking “Free” and inserting “1.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(32)

Tebuconazole
Heading 9902.06.78 is amended—
(A)
by amending the article description to read as follows: “(RS)-1-p-Chlorophenyl-4,4-dimethyl-3-(1H-1,2,4-triazol-1- ylmethyl)pentan-3-ol (Tebuconazole) (CAS No. 107534–96–3) (provided for in subheading 2933.99.22)”;
(B)
by striking “Free” and inserting “4.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(33)

Metconazole
Heading 9902.06.80 is amended—
(A)
by amending the article description to read as follows: “5-[(4-Chlorophenyl)methyl]-2,2-dimethyl-1-(1,2,4-triazol- 1-ylmethyl)cyclopentan-1-ol (Metconazole) (CAS No. 125116–23–6) (provided for in subheading 2933.99.22)”;
(B)
by striking “1.6%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(34)

Prothioconazole
Heading 9902.06.81 is amended—
(A)
by amending the article description to read as follows: “2-[(2RS)-2-(1-Chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-2H-1,2,4-triazole-3(4H)-thione (Prothioconazole) (CAS No. 178928–70–6) (provided for in subheading 2933.99.22)”;
(B)
by striking “5.3%” and inserting “5.7%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(35)

Flutriafol
Heading 9902.06.84 is amended—
(A)
by amending the article description to read as follows: “1-(2-Fluorophenyl)-1-(4-fluorophenyl)-2-(1H-1,2,4- triazol-1-yl)ethanol (Flutriafol) (CAS No. 76674–21–0) (provided for in subheading 2933.99.22)”;
(B)
by striking “0.2%” and inserting “3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(36)

Ipconazole
Heading 9902.06.85 is amended—
(A)
by amending the article description to read as follows: “(1R,2S,5R)-2-(4-Chlorobenzyl)-5-isopropyl-1-(1H-1,2,4- triazol-1-ylmethyl)cyclopentanol (Ipconazole) (CAS No. 125225–28–7) (provided for in subheading 2933.99.22)”;
(B)
by striking “Free” and inserting “1.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(37)

Hexythiazox
Heading 9902.06.99 is amended—
(A)
by amending the article description to read as follows: “(4RS,5RS)-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2- oxo-1,3-thiazolidine-3-carboxamide (Hexythiazox) (CAS No. 78587–05–0) (provided for in subheading 2934.10.10)”;
(B)
by striking “1.8%” and inserting “2.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(38)

Clothianidin
Heading 9902.07.06 is amended—
(A)
by amending the article description to read as follows: “(E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-nitro- guanidine (Clothianidin) (CAS No. 210880–92–5) (provided for in subheading 2934.10.90)”;
(B)
by striking “6.1%” and inserting “5.9%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(39)

Thiamethoxam
Heading 9902.07.07 is amended—
(A)
by amending the article description to read as follows: “Thiamethoxam (3-(2-chloro-5-thiazolylmethyl)tetrahydro-5- methyl-N-nitro-1,3,5-oxadiazin-4-imine) (CAS No. 153719–23–4) (provided for in subheading 2934.10.90)”;
(B)
by striking “2.5%” and inserting “6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(40)

Difenoconazole
Heading 9902.07.14 is amended—
(A)
by amending the article description to read as follows: “1-({2-[2-Chloro-4-(4-chlorophenoxy)phenyl]-4-methyl-1,3- dioxolan-2-yl}methyl)-1H-1,2,4-triazole (Difenoconazole) (CAS No. 119446–68–3) (provided for in subheading 2934.99.12)”;
(B)
by striking “4.6%” and inserting “5.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(41)

Fluoxastrobin
Heading 9902.07.21 is amended—
(A)
by amending the article description to read as follows: “(E)-1-[2-[6-(2-Chlorophenoxy)-5-fluoropyrimidin-4-yl]oxyphenyl]-1-(5,6-dihydro-1,4,2-dioxazin-3-yl)-N-methoxymethanimine (Fluoxastrobin) (CAS No. 361377–29–9) (provided for in subheading 2934.99.12)”;
(B)
by striking “Free” and inserting “2.7%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(42)

Isoxaflutole
Heading 9902.07.22 is amended—
(A)
by amending the article description to read as follows: “(5-Cyclopropyl-1,2-oxazol-4-yl)-[2-methylsulfonyl-4-(trifluoromethyl)phenyl]methanone (Isoxaflutole) (CAS No. 141112–29–0) (provided for in subheading 2934.99.15)”;
(B)
by striking “5.5%” and inserting “4.8%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(43)

Pinoxaden
Heading 9902.07.26 is amended—
(A)
by amending the article description to read as follows: “8-(2,6-Diethyl-4-methylphenyl)-1,2,4,5-tetrahydro-7-oxo- 7H-pyrazolo[1,2-d][1,4,5]oxadiazepin-9-yl-2,2- dimethylpropanoate (Pinoxaden) (CAS No. 243973–20–8) (provided for in subheading 2934.99.15)”;
(B)
by striking “5.4%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(44)

Isoxaben technical herbicide
Heading 9902.07.27 is amended—
(A)
by amending the article description to read as follows: “2,6-Dimethoxy-N-[3-(3-methyl-3-pentanyl)-1,2-oxazol-5- yl]benzamide (isoxaben) (CAS No. 82558–50–7) (provided for in subheading 2934.99.15)”;
(B)
by striking “3.1%” and inserting “2.7%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(45)

Fluthiacetmethyl
Heading 9902.07.29 is amended—
(A)
by amending the article description to read as follows: “Methyl [[2-chloro-4-fluoro-5[(tetrahydro-3-oxo-1H,3H-[1,3,4]thi- adiazolo[3,4-a]pyridazin-1- ylidene)amino]phenyl]thio]acetate (Fluthiacet-methyl technical) (CAS No. 117337–19–6) (provided for in subheading 2934.99.15)”;
(B)
by striking “Free” and inserting “3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(46)

Flumioxazin
Heading 9902.07.30 is amended—
(A)
by amending the article description to read as follows: “2-[7-Fluoro-3-oxo-4-(2-propyn-1-yl)-3,4-dihydro-2H- 1,4-benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H- isoindole-1,3(2H)-dione (Flumioxazin) (CAS No. 103361–09–7) (provided for in subheading 2934.99.15)”;
(B)
by striking “6.1%” and inserting “5.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(47)

Buprofezin
Heading 9902.07.31 is amended—
(A)
by amending the article description to read as follows: “(2Z)-3-Isopropyl-2-[(2-methyl-2-propanyl)imino]-5-phenyl- 1,3,5-thiadiazinan-4-one (Buprofezin) (CAS No. 69327–76–0 or 953030–84–7) (provided for in subheading 2934.99.16)”;
(B)
by striking “1.4%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(48)

Sarolaner
Heading 9902.07.38 is amended—
(A)
by amending the article description to read as follows: “1-{5′-[(5S)-5-(3,5-Dichloro-4-fluorophenyl)-4,5-dihydro-5- (trifluoromethyl)-1,2-oxazol-3-yl]-1H,3′H-spiro[azetidine-3,1′- [2]benzofuran]-1-yl}-2-mesylethanone (Sarolaner) (CAS No. 1398609–39–6) (provided for in subheading 2934.99.30)”;
(B)
by striking “Free” and inserting “4.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(49)

Isoxadifen-ethyl
Heading 9902.07.43 is amended—
(A)
by amending the article description to read as follows: “Ethyl 5,5-diphenyl-4H-1,2-oxazole-3-carboxylate (Isoxadifen-ethyl) (CAS No. 163520–33–0) (provided for in subheading 2934.99.39)”;
(B)
by striking “4.0%” and inserting “5.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(50)

Pyroxasulfone technical
Heading 9902.07.53 is amended—
(A)
by amending the article description to read as follows: “3-({[5-(Difluoromethoxy)-1-methyl-3-(trifluoromethyl)-1H- pyrazol-4-yl]methyl}sulfonyl)-5,5-dimethyl-4,5- dihydro-1,2-oxazole (Pyroxasulfone) (CAS No. 447399–55–5) (provided for in subheading 2934.99.90)”;
(B)
by striking “3.5%” and inserting “6.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(51)

Triasulfuron
Heading 9902.07.57 is amended—
(A)
by amending the article description to read as follows: “2-(2-Chloroethoxy)-N-[(4-methoxy-6-methyl-1,3,5-triazin-2- yl)carbamoyl]benzenesulfonamide (Triasulfuron) (CAS No. 82097–50–5) (provided for in subheading 2935.90.75)”;
(B)
by striking “0.4%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(52)

Trifloxysulfuron
Heading 9902.07.58 is amended—
(A)
by amending the article description to read as follows: “Sodium 4,6-dimethoxy-2-[({[3-(2,2,2-trifluoro- ethoxy)pyridin-2-yl]sulfonyl}carbamoyl)imino]- 2H-pyrimidin-1-ide (Trifloxysulfuron-sodium) (CAS No. 199119–58–9) (provided for in subheading 2935.90.75)”;
(B)
by striking “4.6%” and inserting “4.9%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(53)

Copper phthalocyanine blue crude
Heading 9902.08.59 is amended—
(A)
by amending the article description to read as follows: “Copper phthalocyanine ((Phthalocyanato(2-))-copper), not ready for use as pigment (PCN Blue Crude) (CAS No. 147–14–8) (provided for in subheading 3204.17.20)”;
(B)
by striking “3.3%” and inserting “3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(54)

Spirotetramat formulations
Heading 9902.09.24 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing (5s, 8s)-3-(2,5-dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro [4.5] dec-3-en-4-yl ethyl carbonate (Spirotetramat) (CAS No. 203313–25–1) (provided for in subheading 3808.91.25)”;
(B)
by striking “5.2%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(55)

Prothioconazole and tebuconazole formulations
Heading 9902.09.50 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing 2-[(2RS)-2-(1-chlorocyclopropyl)-3-(2-chlorophenyl) -2-hydroxypropyl]-2H-1,2,4-triazole-3 (4H)-thione (Prothioconazole) (CAS No. 178928–70–6) and (RS)-1-p-chlorophenyl-4,4-dimethyl-3-(1H-1,2,4-triazol-1-ylmethyl) pentan-3-ol (Tebuconazole) (CAS No. 107534–96–3) (provided for in subheading 3808.92.15)”;
(B)
by striking “4.9%” and inserting “3.2%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(56)

Trifloxystrobin and prothioconazole formulations
Heading 9902.09.51 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing methyl (E)-methoxyimino-{(E)-2-[1-(α,α,α-trifluoro-m-tolyl) ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) and 2-[(2RS)-2-(1-chlorocyclopropyl)-3-(2-chlorophenyl) -2-hydroxypropyl]-2H-1,2,4-triazole-3(4H)-thione (Prothioconazole) (CAS No. 178928–70–6) (provided for in subheading 3808.92.15)”;
(B)
by striking “4.0%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(57)

Propoxycarbazone-sodium formulations
Heading 9902.09.85 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing sodium {[2-(methoxycarbonyl) phenyl]sulfonyl} [(4,5-dihydro-4-methyl-5-oxo-3-propoxy-1H-1,2,4-triazol-1-yl) carbonyl] azanide (Propoxycarbazone sodium) (CAS No. 181274–15–7) (provided for in subheading 3808.93.15)”;
(B)
by striking “3.8%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(58)

Herbicide for broadleaf weeds
Heading 9902.09.86 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing (5-hydroxy-1,3-dimethyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-(trifluoromethyl) phenyl] methanone (Pyrasulfotole) (CAS No. 365400–11–9); (2,6-dibromo-4-cyanophenyl) octanoate (Bromoxynil Octanoate) (CAS No. 1689–99–2); 2,6-dibromo-4-cyanophenyl heptanoate (Bromoxynil Heptanoate) (CAS No. 56634–95–8); and diethyl 1-(2,4-dichlorophenyl)-5-methyl-4,5-dihydro-1H-pyrazole-3,5-dicarboxylate (Mefenpyr-diethyl) (CAS No. 135590–91–9) (provided for in subheading 3808.93.15)”;
(B)
by striking “3.7%” and inserting “2.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(59)

Asulam sodium salt formulations
Heading 9902.09.96 is amended—
(A)
by amending the article description to read as follows: “Mixtures of methyl sulfanilylcarbamate, sodium salt (Asulam sodium salt) (CAS No. 2302–17–2) and application adjuvants (provided for in subheading 3808.93.15)”;
(B)
by striking “2.0%” and inserting “3.7%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(60)

Isoxaflutole and Cyprosulfamide formulations
Heading 9902.10.01 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing 5-cyclopropyl-4-(2-mesyl-4-trifluoromethylbenzoyl) isoxazole (Isoxaflutole) (CAS No. 141112–29–0) and N-({4-[(cyclopropylamino) carbonyl]phenyl} sulfonyl)-2-methoxybenzamide (Cyprosulfamide) (CAS No. 221667–31–8) (provided for in subheading 3808.93.15)”;
(B)
by striking “2.5%” and inserting “5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(61)

Isoxadifen-ethyl and Tembotrione formulations
Heading 9902.10.02 is amended—
(A)
by amending the article description to read as follows: “Product mixtures containing ethyl 5,5-diphenyl-4H-1,2-oxazole-3-carboxylate (Isoxadifen-ethyl) (CAS No. 163520–33–0) and 2-{2-chloro-4-(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl} -1,3-cyclohexanedione (Tembotrione) (CAS No. 335104–84–2) (provided for in subheading 3808.93.15)”;
(B)
by striking “1.3%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(62)

Indaziflam formulations
Heading 9902.10.09 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing N-[(1R,2S)-2,6-dimethyl-2,3-dihydro-1H-inden-1-yl]-6-[(1R)-1-fluoroethyl]-1,3,5-triazine-2,4-diamine (Indaziflam) (CAS No. 950782–86–2) and application adjuvants (provided for in subheading 3808.93.15)”;
(B)
by striking “5.6%” and inserting “5.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(63)

Herbicide mixtures
Heading 9902.10.10 is amended—
(A)
by amending the article description to read as follows: “Mixtures containing 2,5-dimethyl-4-[2-methylsulfonyl-4-(trifluoromethyl)benzoyl]-1H-pyrazol-3-one (Pyrasulfotole) (CAS No. 365400–11–9); 2,6-dibromo-4-cyanophenyl octanoate (Bromoxynil Octanoate) (CAS No. 1689–99–2); methyl 4-{[(3-methoxy-4-methyl-5-oxo-4,5-dihydro -1H-1,2,4-triazol-1-yl) carbonyl] sulfamoyl}-5-methyl-3-thiophenecarboxylate (Thiencarbazone-Methyl) (CAS No. 317815–83–1); and diethyl 1-(2,4-dichlorophenyl)-5-methyl-4,5-dihydro-1H-pyrazole -3,5-dicarboxylate (Mefenpyr-diethyl) (CAS No. 135590–91–9) (provided for in subheading 3808.93.15)”;
(B)
by striking “3.6%” and inserting “2.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(64)

Product used as lubricant or mold release material
Heading 9902.10.93 is amended—
(A)
by amending the article description to read as follows: “Ethene, 1,1,2,2-tetrafluoro-, oxidized, polymerized, reduced, methyl esters, reduced (CAS No. 88645–29–8) (provided for in subheading 3904.69.50)”;
(B)
by striking “2.1%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(65)

Heat-curable epoxy resin mixtures
Heading 9902.11.15 is amended—
(A)
by amending the article description to read as follows: “Heat-curable epoxy resin mixtures containing more than 30 percent by weight of 4,4′-(9H-fluorene-9,9-diyl)bis(2-chloroaniline) (CAS No. 107934–68–9) as a curing agent (provided for in subheading 3907.30.00)”;
(B)
by striking “Free” and inserting “3.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(66)

Polymer of 1,4-benzenedicarboxylic acid with 1,4-butanediol and hexanedioic acid
Heading 9902.11.23 is amended—
(A)
by amending the article description to read as follows: “Polymer of 1,4-benzenedicarboxylic acid with 1,4-butanediol and hexanedioic acid (CAS No. 60961–73–1) (provided for in subheading 3907.99.50)”;
(B)
by striking “1.6%” and inserting “3.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(67)

Set of plastic cutlery wrapped in paper
Heading 9902.11.96 is amended—
(A)
by amending the article description to read as follows: “Cutlery of plastics, presented with quantities of identical cutlery items joined together by paper wrapping or paper banding designed for ease of loading in a fully enclosed dispensing system (provided for in subheading 3924.10.40)”;
(B)
by striking “Free” and inserting “1.8%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(68)

Acrylic filament tow with a decitex of 5 to 5.6
Heading 9902.13.04 is amended—
(A)
by amending the article description to read as follows: “Acrylic filament tow containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not more than 8 percent of water, dyed, such tow with a decitex of 5 to 5.6, an aggregate filament measure in the tow bundle between 660,000 and 1,200,000 and a length greater than 2 m (provided for in subheading 5501.30.00)”;
(B)
by striking “Free” and inserting “1.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(69)

Modacrylic staple fiber with a decitex of 1.7 and a fiber length of 38mm
Heading 9902.13.19 is amended—
(A)
by amending the article description to read as follows: “Modacrylic staple fibers containing by weight 2 percent or more but not over 3 percent of water, not pigmented (ecru), crimped, with a decitex of 1.7 and fiber length of 38 mm (provided for in subheading 5503.30.00)”;
(B)
by striking “Free” and inserting “0.6%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(70)

Hand-tufted wool carpets
Heading 9902.13.42 is amended—
(A)
by amending the article description to read as follows: “Carpets and other textile floor coverings, tufted, whether or not made up, of wool or fine animal hair, hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool that is not power-driven (provided for in subheading 5703.10.20)”;
(B)
by striking “5.8%” and inserting “5.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(71)

Women's footwear made on a base or platform of wood
Heading 9902.14.20 is amended—
(A)
by amending the article description to read as follows: “Footwear for women, with outer soles of rubber or plastics and uppers of leather, made on a base or platform of wood (provided for in subheading 6403.99.20)”;
(B)
by striking “1.4%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(72)

Scissors, valued over $1.75 per dozen
Heading 9902.15.31 is amended—
(A)
by amending the article description to read as follows: “Scissors, valued over $1.75/dozen, each with stainless steel blades, one small loop handle and one larger loop handle and with an overall length of less than 17 cm, the foregoing other than those scissors designed for use in pet grooming and presented with attached retail labeling or put up for retail sale as goods designed to cut pet hair (provided for in subheading 8213.00.90)”;
(B)
by striking “4.2%” and inserting “2.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(73)

Tire assembly machines
Heading 9902.15.82 is amended—
(A)
by amending the article description to read as follows: “Machinery for molding, assembling or otherwise forming uncured, unvulcanized rubber (green) tires (provided for in subheading 8477.59.01), the foregoing to be used in production of new pneumatic tires designed in all sizes for motor cars (such tires of subheadings 4011.10.10 and 4011.10.50), buses and trucks (such tires of subheadings 4011.20.10 and 4011.20.50), motorcycles (such tires of subheading 4011.40.00) and agricultural, forestry, construction or industrial vehicles (such tires of subheadings 4011.70.00, 4011.80.10, 4011.80.20, 4011.80.80, 4011.90.10, 4011.90.20 and 4011.90.80)”;
(B)
by striking “2.5%” and inserting “2.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(74)

Fuel injectors
Heading 9902.15.94 is amended—
(A)
by amending the article description to read as follows: “Fuel injectors (other than used), each incorporating a valve and a micro-stamped orifice hole, certified by the importer as designed to deliver fuel to the combustion chamber of a gasoline engine with a pressure not exceeding 120 MPa (1200 bar) (provided for in subheading 8481.80.90)”;
(B)
by striking “1.9%” and inserting “1.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(75)

Subsea flow modules
Heading 9902.15.95 is amended—
(A)
by amending the article description to read as follows: “Valves, capable of operating at pressures of 68.94 MPa or more (provided for in subheading 8481.80.90), for controlling production flow through a subsea tree, each valve mounted in a module that can be unlocked by a remotely operated underwater vehicle for subsequent removal and replacement”;
(B)
by striking “Free” and inserting “0.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(76)

Used transmissions
Heading 9902.16.01 is amended—
(A)
by amending the article description to read as follows: “Used fixed ratio speed changers (provided for in subheading 8483.40.50), other than transmissions for the vehicles of headings 8701, 8702, 8703, 8704 and 8705”;
(B)
by striking “1.9%” and inserting “Free”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(77)

Motor assemblies for electric box fans
Heading 9902.16.08 is amended—
(A)
by amending the article description to read as follows: “AC electric motors of an output exceeding 37.5 W but not exceeding 74.6 W, single phase, each equipped with a capacitor, rotary speed control mechanism and a motor mounting cooling ring (provided for in subheading 8501.40.20)”;
(B)
by striking “Free” and inserting “1.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(78)

Motor assemblies for oscillating fans
Heading 9902.16.09 is amended—
(A)
by amending the article description to read as follows: “AC electric motors of an output exceeding 37.5 W but not exceeding 72 W, single phase, each equipped with a capacitor, a speed control mechanism, and a motor mount of plastics and a self-contained gear mechanism for oscillation (provided for in subheading 8501.40.20)”;
(B)
by striking “2.0%” and inserting “2.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(79)

Electric multi-cookers
Heading 9902.16.74 is amended—
(A)
by amending the article description to read as follows: “Electrothermic multifunctional cookers (multicookers) of a kind used for domestic purposes, each incorporating a timer and designed to prepare foods by various methods, including boiling, simmering, baking, frying, roasting or stewing (provided for in subheading 8516.79.00), the foregoing without a thermometer probe”;
(B)
by striking “Free” and inserting “2.3%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(80)

Baby stroller systems
Heading 9902.17.14 is amended—
(A)
by amending the article description to read as follows: “Baby strollers, each with chassis presented with removable seat and removable bassinet, with the seat designed to be attached to the chassis base plate, with the seat backrest designed to allow a child to be in a reclining position or to be supported at varying backrest angles; the foregoing not including any such stroller with a tilting or tilted seat only (provided for in subheading 8715.00.00)”;
(B)
by striking “Free” and inserting “2.5%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(81)

Iron head golf clubs
Heading 9902.17.59 is amended—
(A)
by amending the article description to read as follows: “Golf club heads designed for clubs designated as 1-irons, 2-irons, 3-irons, 4-irons or 5-irons (provided for in subheading 9506.39.00)”;
(B)
by striking “1.0%” and inserting “2.1%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
(82)

Golf club iron heads of 6-irons and 7-irons
Heading 9902.17.62 is amended—
(A)
by amending the article description to read as follows: “Golf club heads designed for clubs designated as 6-irons and 7-irons (provided for in subheading 9506.39.00)”;
(B)
by striking “1.0%” and inserting “2.4%”; and
(C)
by striking “12/31/2020” and inserting “12/31/2023”.
C

Effective date and technical corrections authority
108461.

Effective date
(a)

In general
The amendments made by this title apply to articles entered on or after the date that is 120 days before the date of the enactment of this Act.
(b)

Retroactive application
(1)

In general
Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to paragraph (2), any entry of an article classifiable under a heading of subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States added or amended by this title—
(A)
that was made—
(i)
on or after the date that is 120 days before the date of the enactment of this Act, and
(ii)
before the date of the enactment of this Act, and
(B)
to which a lower rate of duty would apply if the entry were made on or after such date of enactment,
shall be liquidated or reliquidated as though such entry occurred on such date of enactment.
(2)

Requests
A liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 300 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection—
(A)
to locate the entry; or
(B)
to reconstruct the entry if it cannot be located.
(c)

Definitions
In this section, the terms enter and entry include a withdrawal from warehouse for consumption.
108462.

Authority to make technical and conforming changes
The United States Trade Representative is authorized to make such conforming changes to the article descriptions of subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, as added or amended by this title, as may be necessary to ensure that such article descriptions conform to and are otherwise in accordance with the modifications to the Harmonized Tariff Schedule proclaimed by the President pursuant to Presidential Proclamation 10326 (86 Fed. Reg. 73593; relating to modifying the Harmonized Tariff Schedule of the United States and for other purposes).
L

Committee on Transportation and Infrastructure
110001.

Recompete pilot program
(a)

Authorization of appropriations
There is authorized to be appropriated $4,000,000,000 for fiscal years 2022 through 2025 to remain available until expended, to the Department of Commerce for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) to establish a pilot program, to be known as the “Recompete Pilot Program”, to provide grants to eligible recipients to carry out activities in eligible areas and Tribal lands represented by an eligible recipient to alleviate persistent economic distress and support long-term comprehensive economic development and job creation in eligible areas, except that sections 204 and 301 of such Act shall not apply to a grant provided under this section.
(b)

Term
A grant shall have a term of 10 fiscal years and be disbursed at such time and in such manner as determined by the Secretary of Commerce in accordance with benchmarking requirements established by the Secretary.
(c)

Allocation of funds
Of the funds provided by this section—
(1)
not less than 96 percent shall be used for grants to be awarded to eligible recipients representing eligible areas to carry out activities described in a recompete plan that has been approved by the Secretary of Commerce;
(2)
not more than 1 percent may be used for planning and technical assistance grants to be awarded to eligible recipients representing eligible areas to develop a recompete plan and carry out related predevelopment activities; and
(3)
the Secretary shall transfer not more than 3 percent to the Salary and Expenses Account of the Economic Development Administration for the costs of administration and oversight of this section.
(d)

Limitations
(1)

Limitation on eligible areas
An eligible area may not benefit from more than 1 grant described in subsection (c)(1) and 1 grant described in subsection (c)(2).
(2)

Limitation on recipients
For purposes of the program under this section, an eligible recipient may not receive a grant described in subsection (c)(1) on behalf of more than 1 eligible area.
(e)

Award amount
In determining the amount of a grant that an eligible recipient may be awarded under subsection (c)(1), the Secretary shall—
(1)
take into consideration the proposed activities and projected expenditures outlined in an approved recompete plan; and
(2)
use not more than the product obtained by multiplying—
(A)
the prime-age employment gap of the eligible area;
(B)
the prime-age population of the eligible area; and
(C)
either—
(i)
$70,585 for local labor markets; or
(ii)
$53,600 for local communities.
(f)

Eligible uses
Eligible recipients and other specified entities in an eligible area may use funds awarded under subsection (c)(1), in accordance with an approved recompete plan, to carry out coordinated and comprehensive economic development programs and activities in an eligible area, which shall include—
(1)
the provision of business advice and assistance to small and medium-sized local businesses and entrepreneurs, including—
(A)
manufacturing extension services;
(B)
small business development centers;
(C)
centers to help businesses bid for Federal procurement contracts;
(D)
entrepreneurial assistance programs that link entrepreneurs with available public and private resources;
(E)
legal advice and resources; and
(F)
assistance in accessing capital;
(2)
land and site development programs, such as brownfield redevelopment, research and technology parks, business incubators, business corridor development, and Main Street redevelopment programs;
(3)
infrastructure and housing activities that are directly related to supporting job creation and employment for residents, such as—
(A)
improvements to transit, roads, and broadband access;
(B)
housing development and other activities to address local housing needs;
(C)
land-use and zoning reforms; and
(D)
transit-oriented development activities;
(4)
job training oriented to local employer needs, such as customized job training programs carried out by local community colleges in partnership with local businesses;
(5)
workforce outreach programs, such as—
(A)
programs located in, and targeted to, lower-income and underemployed neighborhoods; and
(B)
embedding job placement and training services in neighborhood institutions such as churches, housing projects, and community advocacy programs;
(6)
job retention programs and activities, such as the provision of—
(A)
job coaches;
(B)
child care services; and
(C)
transportation support;
(7)
planning, predevelopment, technical assistance, and other administrative activities as may be necessary for the ongoing implementation, administration, and operation of the programs and activities carried out with a grant described in subsection (c)(1) and in accordance with the requirements of this section, including but not limited to economic development planning and evaluation; and
(8)
such other programs and activities as the Secretary determines to be appropriate, including any proposed programs or activities that the recipient demonstrates clearly and substantially, to the satisfaction of the Secretary, will directly advance the goals of the program established under this section.
(g)

Definitions
In this section:
(1)

Eligible area
The term “eligible area” means either of the following:
(A)
A local labor market that—
(i)
has a prime-age employment gap equal to not less than 2.5 percent; and
(ii)
meets additional criteria as the Secretary may establish.
(B)
A local community that—
(i)
has a prime-age employment gap equal to not less than 5 percent;
(ii)
is not located within an eligible local labor market that meets the criteria described in subparagraph (A);
(iii)
has a median annual household income of not more than $75,000; and
(iv)
meets additional criteria as the Secretary may establish.
(2)

Eligible recipient
The term “eligible recipient” means a specified entity which has been authorized in a manner as determined by the Secretary to represent and act on behalf of an eligible area for the purposes of the Recompete Pilot Program.
(3)

Local labor market
The term “local labor market” means any of the following areas that contains 1 or more specified entities described in subparagraphs (A) through (D) of paragraph (6):
(A)
A metropolitan statistical area or micropolitan statistical area, excluding any area described in subparagraph (C).
(B)
A commuting zone, excluding any areas described in subparagraphs (A) and (C).
(C)
The Tribal land with a Tribal prime-age population represented by a Tribal government.
(4)

Local community
The term “local community” means the area served by a unit of general local government that is located within, but does not cover the entire area of, a local labor market that does not meet the criteria described in paragraph (1)(A).
(5)

Prime-age employment gap
(A)

In general
The term “prime-age employment gap” means the difference (expressed as a percentage) between—
(i)
the national 5-year average prime-age employment rate; and
(ii)
the 5-year average prime-age employment rate of the eligible area.
(B)

Calculation
For the purposes of subparagraph (A), an individual is prime-age if such individual between the ages of 25 years and 54 years.
(6)

Recompete plan
The term “recompete plan” means a comprehensive 10-year economic development plan that—
(A)
includes—
(i)
proposed programs and activities to be carried out with a grant awarded under subsection (c)(1) to address the economic challenges of the eligible area in a comprehensive manner that promotes long-term, sustained economic growth, lasting job creation, per capita wage increases, and reduction in the prime-age employment gap of the eligible area;
(ii)
projected costs and annual expenditures and proposed disbursement schedule;
(iii)
the roles and responsibilities of specified entities which may receive funds awarded under this grant to carry out proposed programs and activities; and
(iv)
other information as the Secretary determines appropriate;
(B)
is developed by an eligible recipient that is the recipient of a planning and technical assistance grant described in subsection (c)(2);
(C)
is submitted to the Secretary for approval for an eligible recipient to be considered for a grant described in subsection (c)(1); and
(D)
may be modified over the term of the grant by the eligible recipient, subject to the approval of the Secretary or at the direction of the Secretary, if benchmarking requirements are repeatedly not met or if other circumstances necessitate a modification.
(7)

Specified entity
The term “specified entity” means—
(A)
a unit of local government;
(B)
the District of Columbia;
(C)
a territory of the United States;
(D)
a Tribal government;
(E)
a State-authorized political subdivision or other entity, including a special-purpose entity engaged in economic development activities;
(F)
a public entity or nonprofit organization, acting in cooperation with the officials of a political subdivision or entity described in subparagraph (E);
(G)
an economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122); and
(H)
a consortium of any of the specified entities described in this paragraph which serve or are contained within the same eligible area.
(8)

Tribal government
The term “Tribal government” means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published by the Bureau of Indian Affairs on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(9)

Tribal land
The term “Tribal land” means any land—
(A)
located within the boundaries of an Indian reservation, pueblo, or rancheria; or
(B)
not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i)
in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
(ii)
by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii)
by a dependent Indian community.
(10)

Tribal prime-age population
(A)

In general
The term “Tribal prime-age population” shall be equal to the sum obtained by adding—
(i)
the product obtained by multiplying—
(I)
the total number of individuals ages 25 through 54 residing on the Tribal land of the Tribal government; and
(II)
0.65; and
(ii)
the product obtained by multiplying—
(I)
the total number of individuals ages 25 through 54 included on the membership roll of the Tribal government; and
(II)
0.35.
(B)

Use of data
A calculation under subparagraph (A) shall be determined based on data provided by the applicable Tribal government to the Department of the Treasury under the Coronavirus State and Local Fiscal Recovery Fund programs under title VI of the Social Security Act (42 U.S.C. 801 et seq.).
110002.

Centers of excellence for domestic maritime workforce training and education
Section 51706 of title 46, United States Code, is amended—
(1)
in subsection (a), by striking “of Transportation”;
(2)
in subsection (b), in the subsection heading, by striking “Assistance” and inserting “Cooperative agreements”;
(3)
by redesignating subsection (c) as subsection (d);
(4)
in subsection (d), as redesignated by paragraph (3), by adding at the end the following:
“(3)

Secretary
The term Secretary means the Secretary of Transportation.”; and
(5)
by inserting after subsection (b) the following:
“(c)

Grant program
(1)

Definition of eligible institution
In this subsection, the term eligible institution means a postsecondary educational institution as such term is defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) that offers a 2-year program of study, a 1-year program of training, or is a postsecondary vocational institution.
(2)

Grant authorization
(A)

In general
Not later than 1 year after the date of enactment of the Maritime Administration Authorization and Improvement Act, the Secretary, in consultation with the Secretary of Labor and the Secretary of Education, may award maritime career training grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for American workers related to the maritime workforce.
(B)

Guidelines
Not later than 1 year after the date of enactment of the Maritime Administration Authorization and Improvement Act, the Secretary shall—
(i)
promulgate guidelines for the submission of grant proposals under this subsection; and
(ii)
publish and maintain such guidelines on the website of the Department of Transportation.
(3)

Limitations
The Secretary may not award a grant under this subsection in an amount that is more than $20,000,000.
(4)

Required information
(A)

In general
An eligible institution that desires to receive a grant under this subsection shall submit to the Secretary a grant proposal that includes a detailed description of—
(i)
the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to maritime industry workers;
(ii)
the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of maritime workers in the community served by the eligible institution;
(iii)
the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community; and
(iv)
any previous experience of the eligible institution in providing maritime educational or career training programs.
(B)

Community outreach required
In order to be considered by the Secretary, a grant proposal submitted by an eligible institution under this subsection shall—
(i)
demonstrate that the eligible institution—
(I)
reached out to employers to identify—
- (aa)
any shortcomings in existing maritime educational and career training opportunities available to workers in the community; and
- (bb)
any future employment opportunities within the community and the educational and career training skills required for workers to meet the future maritime employment demand; and
(II)
reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing maritime educational or career training programs to workers eligible for training; and
(ii)
include a detailed description of—
(I)
the extent and outcome of the outreach conducted under clause (i);
(II)
the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under clause (i)(I)(aa) or any maritime educational or career training needs identified under clause (i)(I)(bb); and
(III)
the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted.
(5)

Criteria for award of grants
(A)

In general
Subject to the appropriation of funds, the Secretary shall award a grant under this subsection based on—
(i)
a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve maritime educational or career training programs to be made available to workers;
(ii)
an evaluation of the likely employment opportunities available to workers who complete a maritime educational or career training program that the eligible institution proposes to develop, offer, or improve;
(iii)
an evaluation of prior demand for training programs by workers in the community served by the eligible institution, as well as the availability and capacity of existing maritime training programs to meet future demand for training programs; and
(iv)
any prior designation of an institution as a Center of Excellence for Domestic Maritime Workforce Training and Education.
(B)

Matching requirements
A grant awarded under this subsection may not be used to satisfy any private matching requirement under any other provision of law.
(6)

Public report
Not later than December 15 in each of the calendar years 2021 through 2023, the Secretary shall make available on a publically available website a report and provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(A)
describing each grant awarded under this subsection during the preceding fiscal year;
(B)
assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers receiving training; and
(C)
the performance of the grant awarded with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)).
(7)

Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $200,000,000.” .
110003.

Freight Rail Innovation Institute
(a)

In general
Chapter 229 of title 49, United States Code, is amended by adding at the end the following:
“22911.

Freight Rail Innovation Institute
(a)

Establishment
Not later than 6 months after the date of the enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Energy, representatives of the National Laboratories, the National Institute of Standards and Technology, and the National Science Foundation, and in partnership with an eligible institution of higher education and a freight rail locomotive manufacturer, shall establish a Freight Rail Innovation Institute (referred to in this section as the “Institute”) to carry out a research and development program—
(1)
to develop—
(A)
technologies necessary for the design, development, manufacturing, and operation of zero-emission battery and hydrogen-powered freight locomotives; and
(B)
technologies that enhance freight rail safety, efficiency and utilization; and
(2)
to accelerate the deployment of—
(A)
zero-emission locomotives, including passenger locomotives;
(B)
supporting supply chains;
(C)
advanced freight and logistics systems; and
(D)
related workforce development and education innovations.
(b)

Activities
The Institute shall—
(1)
research, develop, and deploy zero-emission battery and hydrogen-powered freight locomotives and locomotive technologies;
(2)
develop and operate testing programs and demonstration facilities;
(3)
develop advanced technologies that advance freight rail safety, efficiency, logistics, and utilization;
(4)
develop and deploy an operating prototype hydrogen powered locomotive;
(5)
deploy a revenue service testing and demonstration program to accelerate commercial adoption of battery electric locomotives;
(6)
develop specific technologies and innovations to support the manufacturing and deployment of zero-emission locomotives for passenger rail;
(7)
pay wages to all laborers and mechanics employed by the Institute at rates that are not less than those prevailing for the same type of work for similar projects in the immediate locality, consistent with the wage requirement set forth in section 113(a) of title 23, United States Code;
(8)
ensure that the freight rail locomotive manufacturer that is associated with the Institute fully complies with the Buy America requirement set forth in section 22905(a) with respect to manufacturing and production associated with the Institute and as a result of new technologies, innovations, and methods developed at least in part by the Institute; and
(9)
carry out other activities that the Secretary of Transportation considers necessary.
(c)

Applicant requirements
Applicants seeking to establish the Institute under this section shall—
(1)
be a partnership consisting of at least 1 institution of higher education and at least 1 freight rail locomotive manufacturer, which shall enter into a cost-sharing agreement for purposes of the Institute; and
(2)
submit a comprehensive proposal to the Secretary of Transportation that—
(A)
identifies how activities described in subsection (b) will be carried out by the Institute;
(B)
includes a Memorandum of Understanding, signed by all partners, that comprehensively addresses all aspects of the Institute’s work, including how intellectual property and revenue sharing from resulting technological developments will be handled; and
(C)
includes such other information as the Secretary may require.
(d)

Considerations
In selecting the applicant that will receive funding to establish the Institute, the Secretary of Transportation shall consider—
(1)
the extent to which the applicant’s proposal maximizes greenhouse gas reductions and other environmental benefits;
(2)
the ability of the applicant’s proposal to increase the use of low- and zero- emission freight rail technologies among the United States freight and passenger rail industry;
(3)
the anticipated public benefits of the applicant’s proposal, including the creation of construction, manufacturing, and services jobs that pay prevailing wages;
(4)
proposed plans to train workers from the area surrounding the Institute to develop competitive advanced manufacturing, battery- or hydrogen-power, and advanced freight utilization, network safety and logistics technology skills;
(5)
the degree to which the applicant, including its freight rail locomotive manufacturer, has experience—
(A)
carrying out battery and hydrogen research on freight locomotives that reduce greenhouse gas emissions; and
(B)
developing freight rail advanced signaling, network safety, and logistics technologies;
(6)
the extent to which the applicant’s proposal increases the proportional amount of goods moved by freight rail in the United States;
(7)
the extent to which such proposal—
(A)
maximizes the private share of the total cost of the institute beyond the minimum level required under subsection (d); and
(B)
sustains the private investment up to and beyond 2026; and
(8)
whether the proposed Institute is located at a site that—
(A)
has legacy rail infrastructure;
(B)
has access to freight rail tracks and rail connections; and
(C)
is located on a redeveloped brownfield site in close proximity to a freight rail locomotive manufacturer, an institution of higher education, and a short line or regional railroad.
(e)

Funding requirement
The non-Federal share of the costs of the Institute’s research and development program shall be not less than 50 percent.
(f)

Notification
(1)

Notice
Not later than 3 days after Congress appropriates funds for the Institute for any fiscal year, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(A)
the institution of higher education and freight rail locomotive manufacturer that have been selected to receive such funding to operate the Institute; and
(B)
a summary of activities to be carried out by the Institute.
(2)

Annual report
Not later than 1 year after Congress appropriates funds for the Institute for any fiscal year, the Secretary shall submit a report to the committees listed under paragraph (1) that summarizes the work of the Institute on—
(A)
low- and zero-emission rail technologies;
(B)
increased freight rail utilization; and
(C)
training a workforce in advanced manufacturing, battery- or hydrogen-power, advanced freight utilization, network safety, logistics technology skills, and advanced rail safety and logistics technologies.
(g)

Authorization of appropriations
There is authorized to be appropriated $120,000,000 for each of the fiscal years 2022 through 2026, to carry out the activities of the Institute described in subsection (b). Such sums shall remain available until expended.
(h)

Definitions
In this section:
(1)

Freight rail locomotive manufacturer
The term freight rail locomotive manufacturer means a company—
(A)
headquartered in the United States; and
(B)
that is engaged in the design, manufacture, and sale of freight rail locomotives, train network systems, engines, parts, logistics, rail safety and braking systems, and other freight rail and locomotive products.
(2)

Institution of higher education
The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”.
(b)

Clerical amendment
The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following:
“22911. Freight Rail Innovation Institute.”.
110004.

Economic adjustment assistance for energy and industrial transition communities
There is authorized to be appropriated $240,000,000 in total for fiscal years 2023 through 2028 to the Secretary of Commerce for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) to provide assistance, including grants for technical assistance, planning, and predevelopment activities, to energy and industrial transition communities, including oil, gas, coal, nuclear, and biomass transition communities, and manufacturing transition communities.
M

Sense of Congress regarding negative perception of persons of Asian ancestry and Federal law enforcement
120001.

Sense of Congress regarding negative perception of persons of Asian ancestry and Federal law enforcement
It is the sense of Congress that—
(1)
there are notable instances where certain Federal law enforcement officials and institutions have contributed towards a negative growing perception that being of Asian ancestry or having ties to China render an individual more suspect of espionage and that such perceptions have created a culture of fear that has negatively impacted the Asian immigrant and Asian American community;
(2)
national policy should guard against unjustly targeting scientists, academics, and institutional faculty members on the basis of Chinese ethnicity or familial background, which risks irreparable damage to careers, reputations, and lives, and erodes the freedom of intellectual and academic exchange;
(3)
the global competitiveness of the United States, including with the People’s Republic of China, is harmed by hostility toward and unfair targeting of Chinese and Chinese American scientists and academics; and
(4)
Congress rejects any dangerous attempts to portray Chinese students, professors, and scholars with more suspicion than non-Chinese academics.
N

Prohibiting Use of Funds for Publicity or Propaganda
130001.

Prohibiting Use of Funds for Publicity or Propaganda
No part of any funds authorized to be appropriated or otherwise made available under this Act shall be used for publicity or propaganda purposes not authorized by the Congress.
O

National Security Restrictions on Use of Certain Funds
140001.

Prohibition on use of funds to obtain communications equipment or services posing national security risk
(a)

In general
The American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 4) is amended by adding at the end the following:
“XII

National Security Restrictions on Use of Funds
12001.

Prohibition on use of funds to obtain communications equipment or services posing national security risk
None of the funds made available under this Act or an amendment made by this Act may be used to purchase, rent, lease, or otherwise obtain any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).”.
(b)

Technical and conforming amendment
The table of contents in section 2 of the American Rescue Plan Act of 2021 is amended by adding at the end the following:
“Title XII—National security restrictions on use of funds
Sec. 12001. Prohibition on use of funds to obtain communications equipment or services posing national security risk.”.
P

Agriculture Foreign Investment Disclosure Reform
150001.

Short title
This division may be cited as the “Agriculture Foreign Investment Disclosure Reform Act”.
150002.

Annual reports
The matter preceding paragraph (1) of section 2(b) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(b)) is amended by striking “agricultural land” and all that follows through “effective date.” and inserting “agricultural land on the day before the date of the enactment of the Agricultural Foreign Investment Disclosure Reform Act shall, beginning 180 days after such date of enactment, and annually thereafter, submit to the Secretary a report or certify to the Secretary that there has been no change in status with respect to the information required under paragraphs (1) through (8) since the most recent such report was submitted to the Secretary by such foreign person.”.
150003.

Reports to Congress
The Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended by inserting after section 4 the following:
“5.

Reports to Congress
(a)
Beginning 180 days after the date of the enactment of the Agricultural Foreign Investment Disclosure Reform Act, and annually thereafter, the Secretary shall, using information obtained under section 2, submit to the Congress a report on foreign investment in agricultural land in the United States.
(b)
Beginning 90 days after the date of the enactment of the Agricultural Foreign Investment Disclosure Reform Act, the Secretary shall, using information obtained under section 2, publish on the internet website of the Department of Agriculture, and update every 90 days thereafter, a database listing the agricultural lands owned by foreign persons. Such listing shall be limited to the information described in paragraphs (1), (3), (4), (5), and (7) of section 2(b), or if applicable, the certification made to the Secretary pursuant to such subsection.
(c)
(1)
Not later than 90 days after the end of each covered period, the Secretary shall—
(A)
analyze information obtained by the Secretary under section 2 and determine the effects of foreign persons acquiring, transferring, and holding agricultural land, particularly the effects of such acquisitions, transfers, and holdings on family farms, rural communities and the domestic food supply; and
(B)
transmit to the President and Congress a report on the findings and conclusions of the Secretary regarding—
(i)
each analysis and determination made under subparagraph (A);
(ii)
trends and patterns in foreign acquisitions, transfers, and holdings of agricultural land; and
(iii)
recommendations to Congress with respect to the data and analysis.
(2)
In this subsection, the term “covered period” means each of the following periods:
(A)
The 10-year period beginning on the date of the enactment of Agricultural Foreign Investment Disclosure Reform Act.
(B)
Each 10-year period thereafter.”.
150004.

Civil penalty for failure to report or misreporting
Section 3(b) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502(b)) is amended by striking “, except that such amount shall not exceed 25 percent of the fair market value, on the date of the assessment of such penalty, of the interest in agricultural land with respect to which such violation occurred”.
Q

EMERGING TECHNOLOGY LEADS
160001.

Emerging technology leads
(a)

Definitions
In this section:
(1)

Covered individual
The term covered individual means—
(A)
an individual serving in a Senior Executive Service position, as that term is defined in section 3132(a) of title 5, United States Code;
(B)
an individual who—
(i)
is serving in a position to which section 5376 of title 5, United States Code, applies; and
(ii)
has a significant amount of seniority and experience, as determined by the head of the applicable covered Federal agency; or
(C)
another individual who is the equivalent of an individual described in subparagraph (A) or (B), as determined by the head of the applicable covered Federal agency.
(2)

Covered Federal agency
The term covered Federal agency means—
(A)
an agency listed in section 901(b) of title 31, United States Code; or
(B)
an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(b)

Appointment or designation
Each covered Federal agency that is also substantially engaged in the development, application, or oversight of emerging technologies shall consider appointing or designating a covered individual as an emerging technology lead to advise the agency on the responsible use of emerging technologies, including artificial intelligence, provide expertise on responsible policies and practices, collaborate with interagency coordinating bodies, and provide input for procurement policies.
(c)

Informing Congress
Not later than 180 days after the date of the enactment of this Act, the President shall inform Congress of each covered Federal agency in which a covered individual has been appointed or designated as an emerging technology lead under subsection (b) and provide Congress with a description of the authorities and responsibilities of the covered individuals so appointed.
R

Committee on Small Business
170001.

Child care resource guide
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(1)
by redesignating section 49 as section 50; and
(2)
by inserting after section 48 the following new section:
“49.

Child care resource guide
(a)

In general
Not later than 2 years after the date of the enactment of this section and not less frequently than every 5 years thereafter, the Administrator shall publish or update a resource guide, applicable to various business models as determined by the Administrator, for small business concerns operating as child care providers.
(b)

Guidance on small business concern matters
The resource guide required under subsection (a) shall include guidance for such small business concerns related to—
(1)
operations (including marketing and management planning);
(2)
finances (including financial planning, financing, payroll, and insurance);
(3)
compliance with relevant laws (including the Internal Revenue Code of 1986 and this Act);
(4)
training and safety (including equipment and materials);
(5)
quality (including eligibility for funding under the Child Care and Development Block Grant Act of 1990 as an eligible child care provider); and
(6)
any other matters the Administrator determines appropriate.
(c)

Consultation required
Before publication or update of the resource guide required under subsection (a), the Administrator shall consult with the following:
(1)
The Secretary of Health and Human Services.
(2)
Representatives from lead agencies designated under section 658D of the Child Care and Development Block Grant Act of 1990.
(3)
Representatives from local or regional child care resource and referral organizations described in section 658E(c)(3)(B)(iii)(I) of the Child Care and Development Block Grant Act of 1990.
(4)
Any other relevant entities as determined by the Administrator.
(d)

Publication and dissemination required
(1)

Publication
The Administrator shall publish the resource guide required under subsection (a) on a publicly accessible website of the Administration.
(2)

Distribution
(A)

Administrator
The Administrator shall distribute the resource guide required under subsection (a) to offices within the Administration, including district offices, and to the persons consulted under subsection (c).
(B)

Other entities
Women’s business centers (as described under section 29), small business development centers, chapters of the Service Corps of Retired Executives (established under section 8(b)(1)(B)), and Veteran Business Outreach Centers (as described under section 32) shall distribute to small business concerns operating as child care providers, sole proprietors operating as child care providers, and child care providers that have limited administrative capacity (as determined by the Administrator)—
(i)
the resource guide required under subsection (a); and
(ii)
other resources available that the Administrator determines to be relevant.”.
S

Ocean Shipping Reform
180001.

Purposes
Section 40101 of title 46, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following:
“(2)
ensure an efficient and competitive transportation system for the common carriage of goods by water in the foreign commerce of the United States that is, as far as possible, in harmony with fair and equitable international shipping practices;
(3)
encourage the development of a competitive and efficient liner fleet of vessels of the United States capable of meeting national security and commerce needs of the United States;
(4)
support the growth and development of United States exports through a competitive and efficient system for the common carriage of goods by water in the foreign commerce of the United States and by placing a greater reliance on the marketplace; and
(5)
promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the United States.”.
180002.

Service contracts
Section 40502 of title 46, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (7) by striking “; and” and inserting a semicolon;
(B)
in paragraph (8) by striking the period and inserting “; and”; and
(C)
by adding at the end the following:
“(9)
any other essential terms or minimum contract requirements that the Federal Maritime Commission determines necessary or appropriate.”; and
(2)
by adding at the end the following:
“(g)

Service contract requirement
With respect to service contracts entered into under this section, a common carrier shall establish, observe, and enforce just and reasonable regulations and practices relating to essential terms and minimum contract requirements the Commission determines are necessary or appropriate under subsection (c)(9).”.
180003.

Shipping exchange registry
(a)

In general
Chapter 405 of title 46, United States Code, is amended by adding at the end the following:
“40504.

Shipping exchange registry
(a)

In general
No person may operate a shipping exchange involving ocean transportation in the foreign commerce of the United States unless the shipping exchange is registered as a national shipping exchange under the terms and conditions provided in this section and the regulations issued pursuant to this section.
(b)

Registration
A person shall register a shipping exchange by filing with the Federal Maritime Commission an application for registration in such form as the Commission, by rule, may prescribe containing the rules of the exchange and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest.
(c)

Exemption
The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration and licensing under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in the home country of the shipping exchange.
(d)

Regulations
In issuing regulations pursuant to subsection (a), the Commission shall set standards necessary to carry out subtitle IV for registered national shipping exchanges, including the minimum requirements for service contracts established under section 40502, and issue licenses for registered national shipping exchanges.
(e)

Definition
In this subsection, the term shipping exchange means a platform, digital, over-the-counter or otherwise, which connects shippers with common carriers (both vessel-operating and non-vessel-operating) for the purpose of entering into underlying agreements or contracts for the transport of cargo, by vessel or other modes of transportation.”.
(b)

Applicability
The registration requirement under section 40504 of title 46, United States Code (as added by this section), shall take effect on the date on which the Federal Maritime Commission issues regulations required under subsection (d) of such section.
(c)

Clerical amendment
The analysis for chapter 405 of title 46, United States Code, is amended by adding at the end the following:
“40504. Shipping exchange registry.”.
180004.

Data collection
(a)

In general
Chapter 411 of title 46, United States Code, is amended by adding at the end the following:
“41110.

Data collection
(a)

In general
Common carriers covered under this chapter shall submit to the Federal Maritime Commission a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by such common carrier.
(b)

Prohibition on duplication
Data required to be reported under subsection (a) may not duplicate information—
(1)
submitted to the Corps of Engineers pursuant to section 11 of the Act entitled “An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved September 22, 1922 (33 U.S.C. 555), by an ocean common carrier acting as a vessel operator; or
(2)
submitted pursuant to section 481 of the Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection by merchandise importers.”.
(b)

Clerical amendment
The analysis for chapter 411 of title 46, United States Code, is amended by adding at the end the following:
“41110. Data collection.”.
180005.

National shipper advisory committee
(a)

National shipper advisory committee
Section 42502(c)(3) of title 46, United States Code, is amended by inserting “, including customs brokers or freight forwarders” after “ocean common carriers” each place such term occurs.
(b)

Analysis
The analysis for chapter 425 of title 46, United States Code, is amended by inserting before the item relating to section 42501 the following:
“Sec.” .
180006.

Annual report and public disclosures
(a)

Report on foreign laws and practices
Section 46106(b) of title 46, United States Code, is amended—
(1)
in paragraph (5) by striking “and” at the end;
(2)
in paragraph (6)—
(A)
by striking “under this part” and inserting “under chapter 403”; and
(B)
by striking the period and inserting a semicolon; and
(3)
by adding at the end the following:
“(7)
an identification of any anticompetitive or nonreciprocal trade practices by ocean common carriers;
(8)
an analysis of any trade imbalance resulting from the business practices of ocean common carriers, including an analysis of the data collected under section 41110; and
(9)
an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are—
(A)
State-owned or State-controlled enterprises; or
(B)
owned or controlled by, is a subsidiary of, or is otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country—
(i)
identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of ( U.S.C. 1677(18))) as of the date of enactment of this paragraph;
(ii)
identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; or
(iii)
subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).”.
(b)

Public disclosure
(1)

In general
Section 46106 of title 46, United States Code, is amended by adding at the end the following:
“(d)

Public disclosures
The Federal Maritime Commission shall publish, and annually update, on the website of the Commission—
(1)
all findings by the Commission of false certifications by common carriers or marine terminal operators under section 41104(a)(15) of this title; and
(2)
all penalties imposed or assessed against common carriers or marine terminal operators, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier or marine terminal operator.”.
(2)

Conforming and clerical amendments
(A)

Conforming amendment
The heading for section 46106 of title 46, United States Code, is amended by inserting “and public disclosure” after “report”.
(B)

Clerical amendment
The analysis for chapter 461 of title 46, United States Code, is amended by striking the item related to section 46106 and inserting the following:
“46106. Annual report and public disclosure.”.
180007.

General prohibitions
Section 41102 of title 46, United States Code, is amended by adding by adding at the end the following:
“(d)

Prohibition on retaliation
A common carrier, marine terminal operator, or ocean transportation intermediary, either alone or in conjunction with any other person, directly or indirectly, may not retaliate against a shipper, a shipper’s agent, or a motor carrier by refusing, or threatening to refuse, cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods because the shipper has patronized another carrier, has filed a complaint, or for any other reason.
(e)

Certification
A common carrier or marine terminal operator shall not charge any other person demurrage or detention charges under a tariff, marine terminal schedule, service contract, or any other contractual obligation unless accompanied by an accurate certification that such charges comply with all rules and regulations concerning demurrage or detention issued by the Commission. The certification requirement only applies to the entity that establishes the charge, and a common carrier or marine terminal operator that collects a charge on behalf of another common carrier or marine terminal operator is not responsible for providing the certification, except that an invoice from a common carrier or marine terminal operator collecting a charge on behalf of another must include a certification from the party that established the charge.”.
180008.

Prohibition on unreasonably declining cargo
(a)

Unreasonably declining cargo
Section 41104 of title 46, United States Code, is amended in subsection (a)—
(1)
by striking paragraph (3) and inserting the following:
“(3)
engage in practices that unreasonably reduce shipper accessibility to equipment necessary for the loading or unloading of cargo;”;
(2)
in paragraph (12) by striking “; or” and inserting a semicolon;
(3)
in paragraph (13) by striking the period and inserting a semicolon; and
(4)
by adding at the end the following:
“(14)
fail to furnish or cause a contractor to fail to furnish containers or other facilities and instrumentalities needed to perform transportation services, including allocation of vessel space accommodations, in consideration of reasonably foreseeable import and export demands; or
(15)
unreasonably decline export cargo bookings if such cargo can be loaded safely and timely, as determined by the Commandant of the Coast Guard, and carried on a vessel scheduled for the immediate destination of such cargo.”.
(b)

Rulemaking on unreasonably declining cargo
(1)

In general
Not later than 90 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to define the term “unreasonably decline” for the purposes of subsection (a)(15) of section 41104 of title 46, United States Code (as added by subsection (a)).
(2)

Contents
The rulemaking under paragraph (1) shall address the unreasonableness of ocean common carriers prioritizing the shipment of empty containers while excluding, limiting, or otherwise reducing the shipment of full, loaded containers when such containers are readily available to be shipped and the appurtenant vessel has the weight and space capacity available to carry such containers if loaded in a safe and timely manner.
180009.

Detention and demurrage
(a)

In general
Section 41104 of title 46, United States Code, is further amended by adding at the end the following:
“(d)

Certification
Failure of a common carrier to include a certification under section 41102(e) alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge.
(e)

Demurrage and detention practices and charges
Notwithstanding any other provision of law and not later than 30 days of the date of enactment of this subsection, a common carrier or marine terminal operator, shall—
(1)
act in a manner consistent with any rules or regulations concerning demurrage or detention issued by the Commission;
(2)
maintain all records supporting the assessment of any demurrage or detention charges for a period of 5 years and provide such records to the invoiced party or to the Commission on request; and
(3)
bear the burden of establishing the reasonableness of any demurrage or detention charges which are the subject of any complaint proceeding challenging a common carrier or marine terminal operator demurrage or detention charges as unjust and unreasonable.
(f)

Penalties for false or inaccurate certified demurrage or detention charges
In the event of a finding that the certification under section 41102(e) was inaccurate, or false after submission under section 41301, penalties under section 41107 shall be applied if the Commission determines, in a separate enforcement proceeding, such certification was inaccurate or false.”.
(b)

Rulemaking on detention and demurrage
(1)

In general
Not later than 120 days after the date of enactment of this Act, the Federal Maritime Commission shall initiate a rulemaking proceeding to establish rules prohibiting common carriers and marine terminal operators from adopting and applying unjust and unreasonable demurrage and detention rules and practices.
(2)

Contents
The rulemaking under paragraph (1) shall address the issues identified in the final rule published on May 18, 2020, titled “Interpretive Rule on Demurrage and Detention Under the Shipping Act” (85 Fed. Reg. 29638), including the following:
(A)
Establishing clear and uniform definitions for demurrage, detention, cargo availability for retrieval and associated free time, and other terminology used in the rule. The definition for cargo availability for retrieval shall account for government inspections.
(B)
Establishing that demurrage and detention rules are not independent revenue sources but incentivize efficiencies in the ocean transportation network, including the retrieval of cargo and return of equipment.
(C)
Prohibiting the consumption of free time or collection of demurrage and detention charges when obstacles to the cargo retrieval or return of equipment are within the scope of responsibility of the carrier or their agent and beyond the control of the invoiced or contracting party.
(D)
Prohibiting the commencement or continuation of free time unless cargo is available for retrieval and timely notice of cargo availability has been provided.
(E)
Prohibiting the consumption of free time or collection of demurrage charges when marine terminal appointments are not available during the free time period.
(F)
Prohibiting the consumption of free time or collection of detention charges on containers when the marine terminal required for return is not open or available.
(G)
Requiring common carriers to provide timely notice of—
(i)
cargo availability after vessel discharge;
(ii)
container return locations; and
(iii)
advance notice for container early return dates.
(H)
Establishing minimum billing requirements, including timeliness and supporting information that shall be included in or with invoices for demurrage and detention charges that will allow the invoiced party to validate the charges.
(I)
Requiring common carriers and marine terminal operators to establish reasonable dispute resolution policies and practices.
(J)
Establishing the responsibilities of shippers, receivers, and draymen with respect to cargo retrieval and equipment return.
(K)
Clarifying rules for the invoicing of parties other than the shipper for any demurrage, detention, or other similar per container charges, including determining whether such parties should be billed at all.
(c)

Rulemaking on minimum service standards
Not later than 90 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to incorporate subsections (d) through (f) of 41104 of title 46, United States Code, which shall include the following:
(1)
The obligation to adopt reasonable rules and practices related to or connected with the furnishing and allocation of adequate and suitable equipment, vessel space accommodations, containers, and other instrumentalities necessary for the receiving, loading, carriage, unloading and delivery of cargo.
(2)
The duty to perform the contract of carriage with reasonable dispatch.
(3)
The requirement to carry United States export cargo if such cargo can be loaded safely and timely, as determined by the Commandant of the Coast Guard, and carried on a vessel scheduled for such cargo’s immediate destination.
(4)
The requirement of ocean common carriers to establish contingency service plans to address and mitigate service disruptions and inefficiencies during periods of port congestion and other market disruptions.
180010.

Assessment of penalties
(a)

Assessment of penalties
Section 41109 of title 46, United States Code, is amended—
(1)
in subsection (a)—
(A)
by inserting “or, in addition to or in lieu of a civil penalty, order the refund of money” after “this part”; and
(B)
by inserting “or refund of money” after “conditions, a civil penalty”;
(2)
in subsection (c) by inserting “or refund of money” after “civil penalty”;
(3)
in subsection (e) by inserting “or order a refund of money” after “civil penalty”; and
(4)
in subsection (f) by inserting “or who is ordered to refund money” after “civil penalty is assessed”.
(b)

Additional penalties
Section 41108(a) of title 46, United States Code, is amended by striking “section 41104(1), (2), or (7)” and inserting “subsections (d) or (e) of section 41102 or paragraph (1), (2), (7), (14), or (15) of section 41104(a)”.
(c)

Conforming amendment
Section 41309 of title 46, United States Code, is amended—
(1)
in subsection (a)—
(A)
by inserting “or refund of money” after “payment of reparation”; and
(B)
by inserting “or to whom the refund of money was ordered” after “award was made”; and
(2)
in subsection (b) by inserting “or refund of money” after “award of reparation”.
(d)

Award of reparations
Section 41305(c) of title 46, United States Code, is amended—
(1)
by inserting “or (c)” after “41102(b)”; and
(2)
by inserting “, or if the Commission determines that a violation of section 41102(e) was made willfully or knowingly” after “of this title”.
180011.

Investigations
Section 41302 of title 46, United States Code, is amended by striking “or agreement” and inserting “, agreement, fee, or charge”.
180012.

Injunctive relief
Section 41307(b) to title 46, United States Code, is amended—
(1)
in paragraph (3)—
(A)
in the heading by striking “and third parties”; and
(B)
by striking the second sentence; and
(2)
by adding at the end the following:
“(5)

Third party intervention
The court may allow a third party to intervene in a civil action brought under this section.”.
180013.

Technical amendments
(a)

Federal maritime commission
The analysis for chapter 461 of title 46, United States Code, is amended by striking the first item relating to chapter 461.
(b)

Assessment of penalties
Section 41109(c) of title 46, United States Code, is amended by striking “section 41104(1) or (2)” and inserting “paragraph (1) or (2) of section 41104(a)”.
(c)

National shipper advisory committee
Section 42502(c)(3) of title 46, United States Code is amended by striking “Representation” and all that follows through “Members” and inserting “Representation.—Members”.
180014.

Authorization of appropriations
Section 46108 of title 46, United States Code, is amended by striking “$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021” and inserting “$32,603,492 for fiscal year 2022 and $35,863,842 for fiscal year 2023”.
180015.

NAS study on supply chain industry
(a)

In general
Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy shall conduct a study on the United States supply chain that examines data constraints that impede the flow of maritime cargo and add to supply chain inefficiencies and that identifies data sharing systems that can be employed to improve the functioning of the United States supply chain.
(b)

Contents
The study required under subsection (a) shall include—
(1)
the identification of where bottlenecks or chokepoints are most prominent within the United States supply chain;
(2)
the identification of what common shipping data is created with each hand-off of a container through the United States supply chain and how such data is stored and shared;
(3)
the identification of critical data elements used by any entity covered by subsection (c), including the key elements used for various supply chain business processes;
(4)
a review of the methodology used to store, access, and disseminate shipping data across the United States supply chain and evaluation of the inefficiencies in such methodology;
(5)
an analysis of existing and potential impediments to the free flow of information among entities covered by subsection (c), including—
(A)
identification of barriers that prevent carriers, terminals, and shippers from having access to commercial data; and
(B)
any inconsistencies in—
(i)
terminology used across data elements connected to the shipment, arrival, and unloading of a shipping container; and
(ii)
the classification systems used across the United States supply chain, including inconsistencies in the names of entities covered by subsection (c), geographical names, and terminology;
(6)
the identification of information to be included in an improved data sharing system designed to plan, execute, and monitor the optimal loading and unloading of maritime cargo; and
(7)
the identification of existing software and data sharing platforms available to facilitate propagation of information to all agents involved in the loading and unloading of maritime cargo and evaluate the effectiveness of such software and platforms if implemented.
(c)

Collection of information
In conducting the study required under subsection (a), the National Academy of Sciences shall collect information from—
(1)
vessel operating common carriers and non-vessel operating common carriers;
(2)
marine terminal operators;
(3)
commercial motor vehicle operators;
(4)
railroad carriers;
(5)
chassis providers;
(6)
ocean transportation intermediaries;
(7)
custom brokers;
(8)
freight forwarders;
(9)
shippers and cargo owners;
(10)
the National Shipper Advisory Committee;
(11)
relevant government agencies, such as the Federal Maritime Commission, the Surface Transportation Board, and the United States Customs and Border Protection;
(12)
to the extent practicable, representatives of foreign countries and maritime jurisdictions outside of the United States; and
(13)
any other entity involved in the transportation of ocean cargo and the unloading of cargo upon arrival at a port.
(d)

Facilitation of data sharing
In carrying out the study under subsection (a), the National Academy of Sciences may solicit information from any relevant agency relating to the United States supply chain.
(e)

Report
Not later than 18 months after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make available on a publicly accessible website, a report containing—
(1)
the study required under subsection (a);
(2)
the information collected under subsections (b) and (c), excluding any personally identifiable information or sensitive business information; and
(3)
any recommendations for—
(A)
common data standards to be used in the United States supply chain; and
(B)
policies and protocols that would streamline information sharing across the United States supply chain.
180016.

Temporary emergency authority
(a)

Public input on information sharing
(1)

In general
Not later than 30 days after the date of enactment of this Act, the Federal Maritime Commission shall issue a request for information seeking public comment regarding—
(A)
whether congestion of the common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial adverse effect on the competitiveness and reliability of the international ocean transportation supply system;
(B)
whether an emergency order described in subsection (b) would alleviate such an emergency situation; and
(C)
the appropriate scope of such an emergency order, if applicable.
(2)

Consultation
During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with—
(A)
other Federal departments and agencies; and
(B)
persons with expertise relating to maritime and freight operations.
(b)

Authority to issue emergency order requiring information sharing
On making a unanimous determination described in subsection (c), the Commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability, in order to ensure the efficient transportation, loading, and unloading of cargo to or from—
(1)
any inland destination or point of origin;
(2)
any vessel; or
(3)
any point on a wharf or terminal.
(c)

Description of determination
(1)

In general
A determination referred to in subsection (b) is a unanimous determination by the Commission that congestion of common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial adverse effect on the competitiveness and reliability of the international ocean transportation supply system.
(2)

Factors for consideration
In issuing an emergency order under subsection (b), the Commission shall ensure that such order includes parameters relating to temporal and geographic scope, taking into consideration the likely burdens on ocean carriers and marine terminal operators and the likely benefits on congestion relating to the purposes described in section 40101 of title 46, United States Code.
(d)

Petitions for exception
(1)

In general
A common carrier or marine terminal operator subject to an emergency order issued under this section may submit to the Commission a petition for exception from 1 or more requirements of the emergency order, based on a showing of undue hardship or other condition rendering compliance with such a requirement impractical.
(2)

Determination
Not later than 21 days after the date on which a petition for exception under paragraph (1) is submitted, the Commission shall determine whether to approve or deny such petition by majority vote.
(3)

Inapplicability pending review
The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to a petitioner during the period for which the petition is pending.
(e)

Limitations
(1)

Term
An emergency order issued under this section shall remain in effect for a period of not longer than 60 days.
(2)

Renewal
The Commission may renew an emergency order issued under this section for an additional term by a unanimous determination by the Commission.
(f)

Sunset
The authority provided by this section shall terminate on the date that is 2 years after the date of enactment of this Act.
(g)

Definitions
In this section:
(1)

Common carrier
The term “common carrier” has the meaning given such term in section 40102 of title 46, United States Code.
(2)

Motor carrier
The term “motor carrier” has the meaning given such term in section 13102 of title 49, United States Code.
(3)

Rail carrier
The term “rail carrier” has the meaning given such term in section 10102 of title 49, United States Code.
(4)

Shipper
The term “shipper” has the meaning given such term in section 40102 of title 46, United States Code.
Passed the House of Representatives February 4, 2022.
Cheryl L. Johnson,
Clerk.
February 28, 2022
Read the second time and placed on the calendar